H.R. 399 - Secure Our Borders First Act of 2015

Bill Text

    Rules Committee Print 114-2 PDF XML

    Showing the text of H.R. 399 as ordered reported by the Committee on Homeland Security 

    Text of H.R. 399 PDF XML

    Secure Our Borders First Act of 2015 (as introduced)

Amendments (click headers to sort)

#Version #Sponsor(s)PartySummaryStatus
65Version 1Brat (VA), McClintock (CA), Salmon, (AZ)RepublicanLate Changes the required time for the Secretary of DHS to gain situational awareness and operational control of the high traffic areas of the border, as defined in this act, from 2 years to 1 year. It also prohibits the Secretary from determining that situational awareness and/or operational control have been achieved unless the Secretary has stopped funding and implementing DACA, the Morton memos, the Johnson memos, and the White House memos. Submitted
66Version 1Brat (VA), McClintock (CA)RepublicanLate Sets forth a definition for the category of “immediately arriving alien” and stipulates that immediately arriving aliens are to be processed by the Border Patrol using expedited removal. It also creates definitions for “actual mass influx” and “imminent mass influx” and directs the Border Patrol to establish temporary detention centers in the 25-mile wide land or sea border zone during period of mass influx so that the Border Patrol can maintain custody of the new arrivals for processing, rather than turning them over to ICE. This amendment does not revoke the ability to claim asylum. Submitted
12Version 1Burgess (TX)RepublicanDirects the President to reduce foreign assistance from Guatemala, Honduras, El Salvador and Mexico by $15,000 based on the number of unaccompanied alien children who are nationals or citizens of those countries and who, in the preceding fiscal year, are placed in Federal custody by reason of their immigration status.Submitted
19Version 1Castro (TX)DemocratProvides a detailed plan for U.S. Customs and Border Protection border patrol agents, and other appropriate border personnel, to undergo specialized training and proper interview techniques in asylum eligibility, for (but not limited to) unaccompanied alien children. Submitted
20Version 1Castro (TX)DemocratRequires an assessment of the southwest border surveillance activities of citizen militia groups. The assessment would examine the impact of these groups on border security (if any), risks and dangers, and lack of training and accountability posed by these militia groups to conduct such border surveillance.Submitted
21Version 1Castro (TX)DemocratRequires that no funds shall be authorized for federal reimbursement of a state’s deployment of the National Guard until a report from the Comptroller General of the United States verifies that such National Guard deployment advanced situational awareness and border security efforts. Submitted
48Version 1Collins, Chris (NY)RepublicanDelays the five-year timeline for implementation of (b)(2)(A) until the pilot program has been completed for Land Ports of Entry for Non-Pedestrian Outbound Traffic. Requires the benchmark that this five-year timeline cannot be implemented unless the DHS Secretary can determine that this will not create any increases in wait times at any border crossing (this data will be provided by the pilot program).Submitted
49Version 1Connolly (VA)DemocratLimits implementation of the bill pending enactment into law of an Act making appropriations for the Department of Homeland Security for FY15 consistent with the text of H.R. 240, as introduced in the House, and an Act providing for comprehensive immigration reform consistent with the text of H.R. 15, as introduced in the 113th Congress. Submitted
44Version 1Culberson (TX)RepublicanRe-codifies the definition of “lawfully present” so that the biometric entry and exit data system is using one uniform definition of “lawfully present” to track individuals who are in the U.S.Submitted
22Version 1DeSantis (FL)RepublicanAdds penalties requiring that unless standards for operational control, deadlines, and metrics are met, DHS political appointees receive no pay, allowances, or any other compensation.Submitted
17Version 1Frankel (FL)DemocratCreates a registered provisional immigrant (RPI) status for non-felon undocumented immigrants who arrived in the U.S. before 2012 and agree to pay federal taxes and a fee. Permits the Secretary of Homeland Security to grant Lawful Permanent Residency status to registered provisional immigrants who immigrated to the U.S. before turning 16, have earned a high school diploma or have served in the Armed Forces, and have had RPI status for five years.Submitted
45Version 1Gosar (AZ)RepublicanReplaces the commission provision in the bill with a fair and equitable commission of border security experts to include appointments by four state governors. Submitted
46Version 1Gosar (AZ)RepublicanDirects Department of Homeland Security personnel operating in Southwest border states and federal prosecutors to prioritize and prosecute cases of unlawful entry of aliens per federal law and in compliance with the guidelines for the federal program known as Operation Streamline. Submitted
47Version 1Gosar (AZ)RepublicanProhibits the use of funds in the Act from the going to cities that have passed and enacted sanctuary cities or sanctuary communities.Submitted
11Version 1Grijalva (AZ), Langevin (RI)DemocratRemoves a section of the bill preventing the Departments of Interior and Agriculture from protecting natural, cultural and historic resources within 100 miles of the southern border.Submitted
61Version 1Hudson (NC)RepublicanLate Prohibits the bill from taking effect until the Governors of California, New Mexico, Arizona, and Texas have certified that their southern border has been secured pursuant to the Secure Fence Act of 2006.Submitted
62Version 1Hudson (NC)RepublicanLate Strikes the fence requirements in the bill and replaces it with the fence requirements from the Secure Fence Act of 2006 (P.L. 109-367).Submitted
63Version 1Hudson (NC)RepublicanLate Prohibits Congress or President from taking action on naturalization until the border is certified as secure by the BSVC. Submitted
64Version 1Hudson (NC)RepublicanLate Requires that any of the southern border that is not secured by a fence, or physical barrier that prevents unlawful entry by aliens, is monitored 24 hours a day, 365 days a year using an approved border technology. Submitted
24Version 1Hurd (TX)RepublicanRequires the Assistant Commissioner for the Office of Intelligence at U.S. Customs and Border Protection to use intelligence-based operations to combat terrorist and transnational criminal threats along the border.Submitted
7Version 1Jackson Lee (TX)DemocratSUBSTITUTE Substitutes the text with the bipartisan Border Security Results Act of 2013 (H.R. 1417, 113th Congress) that was unanimously approved by the Homeland Security in 113th Congress.Submitted
8Version 1Jackson Lee (TX)DemocratAffirms that nothing in the bill may be construed to provide authority to restrict the lawful rights of any person, including the right of privacy, due process, and equal protection of the law; or to abridge the civil liberties or civil rights of any person guaranteed by the U.S. Constitution. Submitted
9Version 1Jackson Lee (TX)DemocratEnsures that recommendations made by Special Congressional Commission of persons to be appointed to Border Security Verification Commission have bipartisan support. Submitted
10Version 1Jackson Lee (TX)DemocratRequires the Secretary of Homeland Security, within three years of enactment of this bill, to establish a minimum of three new locations for the U.S. Customs and Border Protection Preclearance program at foreign airports that are last points of departure to the United States.Submitted
13Version 1Jackson Lee (TX)DemocratConfers upon the DHS Secretary, in consultation with the Chief of the Border Patrol, the responsibility for altering capability deployments to address border security threats.Submitted
54Version 1Johnson, Hank (GA)DemocratStrikes an expansion of the DOD's "1033" program for "border security activities". Submitted
15Version 1King, Steve (IA)RepublicanRequires the Border Patrol to detain all individual unlawful border crossers who are apprehended within 50 miles of the U.S. border within that same 50 miles until the final resolution of all immigration proceedings for that person.Submitted
16Version 1King, Steve (IA)RepublicanRequires the construction of 700 miles of two layers of reinforced fencing, that is not less than 14 feet high, on the southwestern border by May 30, 2016. Submitted
23Version 1McCaul (TX)RepublicanMANAGER’S AMENDMENT Mandates penalties for failing to construct fencing by the deadlines provided in the bill; provides for consultation with the Secretary of Transportation when constructing new roads; provides tactical flexibility to the Commandant of the Coast Guard; provides a definition of "political appointee"; requires coordination with the Administrator of the FAA; and technical changes.Submitted
25Version 1McSally (AZ)RepublicanRequires additional fence repair and replacement in the Southwest BorderSubmitted
52Version 1Moore, Gwen (WI)DemocratEnsures that current protections for victims of sexual assault, domestic violence, and trafficking are not undermined by HR 399. Submitted
53Version 1Moore, Gwen (WI)DemocratEnsures that Section 5 of the bill is carried out in a manner that does not undermine protections currently available to immigrant victims. Submitted
30Version 1O'Rourke (TX)DemocratProhibits the Secretary from deploying the technologies listed in the bill to the border until the Department submits to Committees of jurisdiction a report detailing the cost-effectiveness of these technologies in deterring attempted unlawful entries into the US and increasing the number of apprehensions made by BP Agents.Submitted
31Version 1O'Rourke (TX)DemocratProhibits the Secretary from constructing fence and other infrastructure along the border until the Department submits to the Committees of jurisdiction a report detailing the cost-effectiveness of this infrastructure in deterring attempted unlawful entries into the US and increasing the number of apprehensions made by BP Agents.Submitted
32Version 1O'Rourke (TX)DemocratRequires that the Department also include in its report to the Committees of jurisdiction information on average wait times at the 10 busiest land ports of entry and staffing requirements by individual ports to reduce average wait times during peak hours to less than 20 minutesSubmitted
33Version 1O'Rourke (TX)DemocratExpresses a sense of Congress on the deployment of drones on the border in relation to the December 24, 2014 DHS OIG Report findings.Submitted
34Version 1O'Rourke (TX)DemocratProvides the Assistant Commissioner for the Office of Field Operations the ability to transfer CBP Officers on a voluntary basis to land ports of entry that experience high volume and long wait times in an effort to reduce bridge wait times at the busiest ports of entry in the US. The amendment also provides incentive pay for the transfers.Submitted
35Version 1O'Rourke (TX)DemocratRequires that the Department’s operational plan include a description of border security information received from stakeholders to also include local government and civic organizations along the border and local business leaders along the border.Submitted
36Version 1O'Rourke (TX)DemocratRequires that the Department’s operational plan include an assessment of the impact of border security technology and operations specifically on bridge crossing wait times. Submitted
37Version 1O'Rourke (TX)DemocratRequires the Department’s metrics for security at ports of entry include a measurement of how the border security apparatus specifically affects bridge crossing wait times.Submitted
38Version 1O'Rourke (TX)DemocratRequires that the Department’s metrics for air and marine security in the land domain include an assessment of the impact of the use of drones on border community residents’ private property rights, privacy rights, and civil liberties.Submitted
39Version 1O'Rourke (TX)DemocratRequires that the BSVC include in its explanation of why situational awareness and/or operational control was not achieved by the Department information on the potential for additional costs the Department would need to incur in order to gain full situational awareness and operational control.Submitted
40Version 1O'Rourke (TX)DemocratRequires the BSVC to include in its report input from local business and civic organizations from the southwest border.Submitted
50Version 1Payne, Jr. (NJ)DemocratStrikes section 11 (Air and Marine Prioritization) of H.R. 399. Submitted
51Version 1Payne, Jr. (NJ)DemocratIncreases by 2,000 the number of U.S. Customs and Border Protection officers who are assigned to ports of entry. This amendment would alleviate processing wait times for travels and help to ensure our ports of entry keep America safe. Submitted
18Version 1Pearce (NM), O'Rourke (TX)Bi-PartisanRequires CBP, in consultation with FLETC, to provide CBP agents and officers with a minimum of 19 weeks of specialized training prior to entering duty, as well as, yearly continuing education training.Submitted
68Version 1Posey (FL), Babin (TX)RepublicanLate Provides a cause of action to victims of crimes committed by aliens unlawfully present in the United States through a failure to carry out the requirements of H.R. 399. Submitted
69Version 2Rice (SC)Republicanteen months after enactment, businesses having 20 to 499 employees must use E-Verify. And 24 months after enactment, businesses having 1 to 19 employees must use E-Verify. It also requires that employees performing “agricultural labor or services” are subject to an E-Verify check within 24 months of the date of enactment. Submitted
1Version 1Sanchez, Loretta (CA)DemocratDirects DHS to reimburse county, municipal, and tribal governments in the United States that are located in a covered area for costs associated with the transportation and processing of unidentified remains. Submitted
2Version 1Sanchez, Loretta (CA)DemocratDirects DHS to create reports on migrant death and the use of distress beacons in the desert and the procedures to responding to distress beacons. Submitted
3Version 1Sanchez, Loretta (CA)DemocratEstablishs a DHS Border Communities Task Force to oversee and make recommendations on DHS policies and impacts on border communities. Submitted
4Version 1Sanchez, Loretta (CA)DemocratProvides reforms to short term detention standards, such as basic medical needs.Submitted
5Version 1Sanchez, Loretta (CA)DemocratProvides standard operating procedures for agents on search and seizure measures, including training and ongoing education on court rulings dealing with warrantless access to individual’s password protected devices. Submitted
6Version 1Sanchez, Loretta (CA)DemocratStrikes the bill’s language for operational control that is antiquated and comes from the 2005 Secure Fence Act and replaces it with language that was agreed in a bipartisan way last Congress. Submitted
67Version 1Smith, Jason (MO)RepublicanLate Changes the "Adverse Effect Wage Rate" (AEWR) for H-2A Temporary Agricultural Workers for thirty counties in Southeast Missouri. The New AEWR for these thirty counties would be the AEWR for the State of Arkansas.Submitted
26Version 1Thompson, Bennie (MS)DemocratRequires that all new border security technology acquired pursuant to this bill be consistent with Government Accountability Office recommendations on acquisition, operations, and maintenance of such technology and incorporate lessons learned from prior acquisitions of a similar nature. Submitted
27Version 1Thompson, Bennie (MS)DemocratInserts language requiring that if the Secretary fails to achieve the situational awareness or operational control mandates within the specified timeframes, he must submit to Congress a request for additional appropriations or authorities if they are necessary to achieving the mandates set forth under the bill.Submitted
28Version 1Thompson, Bennie (MS)DemocratRequires participants in the Border Security Verification Commission (BSVC) established under the bill to attest under penalty of perjury that they do not have current or prospective financial interest in DHS border security acquisitions.Submitted
43Version 1Titus (NV)DemocratCreates the STEM Education and Training Account to increase investment in STEM programs at colleges and universities that serve minority students. The Account would be funded by an increase in the H-1B visa fee which companies pay to bring high skilled foreign workers to the United States, typically to work in the STEM fields. Submitted
14Version 1Torres (CA)DemocratReplaces Section 5 with new language. Instead of requiring Border Patrol to impose the Consequence Delivery System on apprehended aliens, it would require Border Patrol to establish a tailored approach to processing children, victims of trafficking, or other vulnerable aliens who are apprehended. Submitted
55Version 1Vela (TX)DemocratAppropriates $145,000,000 for each fiscal years 2015 through 2019 for grants under section 15 of the proposed section 2031 of HR 399.Submitted
56Version 1Vela (TX)DemocratAuthorizes additional funding for port infrastructure.Submitted
57Version 1Vela (TX)DemocratStrikes section on construction of new fencing.Submitted
58Version 1Vela (TX)DemocratAdds interoperable communications to the authorized use of grant funds under Operation Stonegarden.Submitted
59Version 1Vela (TX)DemocratEstablishes a fund to provide compensation for mental and psychological treatment for victims of crime while in CBP custody and would provide compensation to CBP employees and their families killed or injured in the line of duty.Submitted
41Version 1Watson Coleman (NJ)DemocratRequires the Secretary, no later than 30 days prior to the award of any contract for construction of any new or replacement pedestrian fence or vehicle barriers required by this bill, to provide Congress with two things: (1) a detailed cost analysis, including projected operation and maintenance costs, for the relevant pedestrian fence or vehicle barriers to be constructed. (2) an analysis of alternatives that specifies whether other technology or infrastructure would provide the same or greater enhancement to border security at an equivalent or lesser cost. Submitted
42Version 1Watson Coleman (NJ)DemocratEnsures that federal government reimburses a state that decides to deploy National Guard troops to the border only when such support is sought by the U.S. Department of Homeland Security.Submitted
29Version 1Weber (TX)RepublicanExpresses a sense of Congress that the countries of Mexico, Guatemala, Honduras and El Salvador should do more to deter their citizens from illegally entering the United States. Submitted
60Version 1Yoho (FL)RepublicanPrevents the Secretary of Homeland Security from transferring or loaning any firearm to another federal agency.Submitted