[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1417 Reported in House (RH)]

                                                  Union Calendar No. 62
113th CONGRESS
  1st Session
                                H. R. 1417

                          [Report No. 113-87]

      To require the Secretary of Homeland Security to develop a 
comprehensive strategy to gain and maintain operational control of the 
  international borders of the United States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 9, 2013

Mr. McCaul (for himself, Mrs. Miller of Michigan, Ms. Jackson Lee, and 
 Mr. Thompson of Mississippi) introduced the following bill; which was 
             referred to the Committee on Homeland Security

                              May 20, 2013

  Additional sponsors: Mr. Cuellar, Mr. Poe of Texas, Mr. King of New 
York, Mr. Duncan of South Carolina, Mr. Olson, Mr. Meehan, Mr. Hudson, 
Mr. Stewart, Mr. Franks of Arizona, Mr. Barber, Mrs. Brooks of Indiana, 
  Mr. Farenthold, Mr. Kinzinger of Illinois, Mr. Brady of Texas, Mr. 
                  Messer, Mr. Long, and Mr. Bentivolio

                              May 20, 2013

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on April 
                                9, 2013]


_______________________________________________________________________

                                 A BILL


 
      To require the Secretary of Homeland Security to develop a 
comprehensive strategy to gain and maintain operational control of the 
  international borders of the United States, and for other purposes.


 


    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Border Security Results Act of 
2013''.

SEC. 2. REPORTS ON CURRENT BORDER SECURITY STATUS.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, every 180 days thereafter until the Comptroller 
General of the United States reports on the results of the review 
described in section 3(k)(2)(B), and every 365 days after the date of 
such report, the Secretary of Homeland Security shall submit to the 
appropriate congressional committees and the Government Accountability 
Office a report that assesses and describes the state of situational 
awareness and operational control. Such reports shall include an 
identification of the high traffic areas and the illegal border 
crossing effectiveness rate for each sector along the northern and 
southern borders of the United States that are within the 
responsibility of the Border Patrol.
    (b) GAO Report.--Not later than 90 days after receiving the initial 
report required under subsection (a), the Comptroller General of the 
United States shall report to the appropriate congressional committees 
regarding the verification of the data and methodology used to 
determine high traffic areas and the illegal border crossing 
effectiveness rate.

SEC. 3. STRATEGY TO ACHIEVE SITUATIONAL AWARENESS AND OPERATIONAL 
              CONTROL OF THE BORDER.

    (a) Strategy to Secure the Border.--Not later than 180 days after 
the date of the enactment of this Act, the Secretary of Homeland 
Security shall submit to the appropriate congressional committees a 
comprehensive strategy for gaining and maintaining situational 
awareness, and operational control of high traffic areas, by the date 
that is not later than two years after the date of the submission of 
the implementation plan required under subsection (c), and operational 
control along the southwest border of the United States by the date 
that is not later than five years after such date of submission.
    (b) Contents of Strategy.--The strategy required under subsection 
(a) shall include, at a minimum, a consideration of the following:
            (1) An assessment of principal border security threats, 
        including threats relating to the smuggling and trafficking of 
        humans, weapons, and illicit drugs.
            (2) Efforts to analyze and disseminate border security and 
        border threat information between Department of Homeland 
        Security border security components and with other appropriate 
        Federal departments and agencies with missions associated with 
        the border.
            (3) Efforts to increase situational awareness, in 
        accordance with privacy, civil liberties, and civil rights 
        protections, including--
                    (A) surveillance capabilities developed or utilized 
                by the Department of Defense, including any technology 
                determined to be excess by the Department of Defense; 
                and
                    (B) use of manned aircraft and unmanned aerial 
                systems, including camera and sensor technology 
                deployed on such assets.
            (4) Efforts to detect and prevent terrorists and 
        instruments of terrorism from entering the United States.
            (5) Efforts to ensure that any new border security 
        technology can be operationally integrated with existing 
        technologies in use by the Department of Homeland Security.
            (6) An assessment of existing efforts and technologies used 
        for border security and the effect of the use of such efforts 
        and technologies on civil rights, private property rights, 
        privacy rights, and civil liberties.
            (7) Technology required to maintain, support, and enhance 
        security and facilitate trade at ports of entry, including 
        nonintrusive detection equipment, radiation detection 
        equipment, biometric technology, surveillance systems, and 
        other sensors and technology that the Secretary of Homeland 
        Security determines necessary.
            (8) Operational coordination of Department of Homeland 
        Security border security components.
            (9) Lessons learned from Operation Jumpstart and Operation 
        Phalanx.
            (10) Cooperative agreements and information sharing with 
        State, local, tribal, territorial, and other Federal law 
        enforcement agencies that have jurisdiction on the northern or 
        southern borders, or in the maritime environment.
            (11) Border security information received from consultation 
        with State, local, tribal, and Federal law enforcement agencies 
        that have jurisdiction on the northern or southern border, or 
        in the maritime environment, and from border community 
        stakeholders (including through public meetings with such 
        stakeholders), including representatives from border 
        agricultural and ranching organizations and representatives 
        from business and civic organizations along the northern or 
        southern border.
            (12) Agreements with foreign governments that support the 
        border security efforts of the United States, including 
        coordinated installation of standardized land border inspection 
        technology, such as license plate readers and RFID readers.
            (13) Staffing requirements for all border security 
        functions.
            (14) A prioritized list of research and development 
        objectives to enhance the security of the international land 
        and maritime borders of the United States.
            (15) An assessment of training programs, including training 
        programs regarding--
                    (A) identifying and detecting fraudulent documents;
                    (B) protecting the civil, constitutional, human, 
                and privacy rights of individuals;
                    (C) understanding the scope of enforcement 
                authorities and the use of force policies;
                    (D) screening, identifying, and addressing 
                vulnerable populations, such as children and victims of 
                human trafficking; and
                    (E) social and cultural sensitivity toward border 
                communities.
            (16) Local crime indices of municipalities and counties 
        along the Southern border.
            (17) An assessment of how border security operations affect 
        crossing times.
            (18) Metrics required under subsections (e), (f), and (g).
    (c) Implementation Plan.--
            (1) In general.--Not later than 90 days after the 
        submission of the strategy required under subsection (a), the 
        Secretary of Homeland Security shall submit to the appropriate 
        congressional committees and the Government Accountability 
        Office an implementation plan for each of the Department of 
        Homeland Security border security components to carry out such 
        strategy. Such implementation plan shall, at a minimum--
                    (A) specify what protections will be put in place 
                to ensure that staffing and resources necessary for the 
                maintenance of operations at ports of entry are not 
                diverted to the detriment of such operations in favor 
                of operations between ports of entry; and
                    (B) include--
                            (i) an integrated master schedule and cost 
                        estimate, including lifecycle costs, for the 
                        activities contained in such implementation 
                        plan; and
                            (ii) a comprehensive border security 
                        technology plan to improve surveillance 
                        capabilities that includes--
                                    (I) a documented justification and 
                                rationale for technology choices;
                                    (II) deployment locations;
                                    (III) fixed versus mobile assets;
                                    (IV) a timetable for procurement 
                                and deployment;
                                    (V) estimates of operation and 
                                maintenance costs;
                                    (VI) an identification of any 
                                impediments to the deployment of such 
                                technologies; and
                                    (VII) estimates of the relative 
                                cost effectiveness of various border 
                                security strategies and operations, 
                                including deployment of personnel and 
                                technology, and construction of new 
                                physical and virtual barriers.
            (2) Government accountability office review.--Not later 
        than 90 days after receiving the implementation plan in 
        accordance with paragraph (1), the Comptroller General of the 
        United States shall submit to the appropriate congressional 
        committees a report on such plan.
    (d) Periodic Updates.--Not later than 180 days after the submission 
of each Quadrennial Homeland Security Review required under section 707 
of the Homeland Security Act of 2002 (6 U.S.C. 347) beginning with the 
first such Review that is due after the implementation plan is 
submitted under subsection (c), the Secretary of Homeland Security 
shall submit to the appropriate congressional committees an updated--
            (1) strategy under subsection (a); and
            (2) implementation plan under subsection (c).
    (e) Metrics for Securing the Border Between Ports of Entry.--Not 
later than 120 days after the date of the enactment of this Act, the 
Secretary of Homeland Security shall implement metrics, informed by 
situational awareness, to measure the effectiveness of security between 
ports of entry, which shall include, at a minimum, the following:
            (1) An illegal border crossing effectiveness rate, informed 
        by situational awareness.
            (2) An illicit drugs seizure rate which measures the amount 
        and type of illicit drugs seized by the Border Patrol in any 
        fiscal year compared to an average of the amount and type of 
        illicit drugs seized by the Border Patrol for the immediately 
        preceding five fiscal years.
            (3) A cocaine seizure effectiveness rate measured as a 
        percentage that results from dividing the amount of cocaine 
        seized by the Border Patrol by the total documented cocaine 
        flow rate as contained in Federal drug databases.
            (4) Estimates, using alternative methodologies, including 
        recidivism data, survey data, known-flow data, and 
        technologically-measured data, of total attempted illegal 
        border crossings, total deaths and injuries resulting from such 
        attempted illegal border crossings, the rate of apprehension of 
        attempted illegal border crossers, and the inflow into the 
        United States of illegal border crossers who evade 
        apprehension.
            (5) Estimates of the impact of the Border Patrol's 
        Consequence Delivery System on the rate of recidivism of 
        illegal border crossers.
    (f) Metrics for Securing the Border at Ports of Entry.--
            (1)  In general.--Not later than 120 days after the date of 
        the enactment of this Act, the Secretary of Homeland Security 
        shall implement metrics, informed by situational awareness, to 
        measure the effectiveness of security at ports of entry, which 
        shall include, at a minimum, the following:
                    (A) An inadmissible border crossing rate which 
                measures the number of known inadmissible border 
                crossers who are apprehended, excluding those border 
                crossers who voluntarily withdraw their applications 
                for admission, against the total estimated number of 
                inadmissible border crossers U.S. Customs and Border 
                Protection fails to apprehend.
                    (B) An illicit drugs seizure rate which measures 
                the amount and type of illicit drugs seized by U.S. 
                Customs and Border Protection in any fiscal year 
                compared to an average of the amount and type of 
                illicit drugs seized by U.S. Customs and Border 
                Protection for the immediately preceding five fiscal 
                years.
                    (C) A cocaine seizure effectiveness rate measured 
                as a percentage that results from dividing the amount 
                of cocaine seized by U.S. Customs and Border Protection 
                by the total documented cocaine flow rate as contained 
                in Federal drug databases.
                    (D) Estimates, using alternative methodologies, 
                including survey data and randomized secondary 
                screening data, of total attempted inadmissible border 
                crossers, the rate of apprehension of attempted 
                inadmissible border crossers, and the inflow into the 
                United States of inadmissible border crossers who evade 
                apprehension.
                    (E) The number of infractions related to personnel 
                and cargo committed by major violators who are 
                apprehended by U.S. Customs and Border Protection at 
                ports of entry, and the estimated number of such 
                infractions committed by major violators who are not so 
                apprehended.
                    (F) A measurement of how border security operations 
                affect crossing times.
            (2) Covert testing.--The Inspector General of the 
        Department of Homeland Security shall carry out covert testing 
        at ports of entry and submit to the Secretary of Homeland 
        Security and the appropriate congressional committees a report 
        that contains the results of such testing. The Secretary shall 
        use such results to inform activities under this subsection.
    (g) Metrics for Securing the Maritime Border.--Not later than 120 
days after the date of the enactment of this Act, the Secretary of 
Homeland Security shall implement metrics, informed by situational 
awareness, to measure the effectiveness of security in the maritime 
environment, which shall include, at a minimum, the following:
            (1) An estimate of the total number of undocumented 
        migrants the Department of Homeland Security's maritime 
        security components fail to interdict.
            (2) An undocumented migrant interdiction rate which 
        measures the number of undocumented migrants interdicted 
        against the total estimated number of undocumented migrants the 
        Department of Homeland Security's maritime security components 
        fail to interdict.
            (3) An illicit drugs removal rate which measures the amount 
        and type of illicit drugs removed by the Department of Homeland 
        Security's maritime security components inside a transit zone 
        in any fiscal year compared to an average of the amount and 
        type of illicit drugs removed by the Department of Homeland 
        Security's maritime security components inside a transit zone 
        for the immediately preceding five fiscal years.
            (4) An illicit drugs removal rate which measures the amount 
        of illicit drugs removed by the Department of Homeland 
        Security's maritime security components outside a transit zone 
        in any fiscal year compared to an average of the amount of 
        illicit drugs removed by the Department of Homeland Security's 
        maritime security components outside a transit zone for the 
        immediately preceding five fiscal years.
            (5) A cocaine removal effectiveness rate inside a transit 
        zone.
            (6) A cocaine removal effectiveness rate outside a transit 
        zone.
            (7) A response rate which measures the Department of 
        Homeland Security's ability to respond to and resolve known 
        maritime threats, both inside and outside a transit zone, by 
        placing assets on-scene, compared to the total number of events 
        with respect to which the Department has known threat 
        information.
    (h) Collaboration.--The Secretary of Homeland Security shall 
collaborate with the head of a national laboratory within the 
Department of Homeland Security laboratory network with prior expertise 
in border security and the head of a border security university-based 
center within the Department of Homeland Security centers of excellence 
network to develop the metrics required under subsections (e), (f), and 
(g) to ensure the suitability and statistical validity of each such 
metric. Such collaboration shall also include consultation by the 
Secretary with the Governors of every border State and representatives 
of the Border Patrol and U.S. Customs and Border Protection.
    (i) Recommendations Relating to Certain Other Metrics.--In carrying 
out subsection (h), the head of the national laboratory and the head of 
a border security university-based center referred to in such 
subsection shall make recommendations to the Secretary of Homeland 
Security for other suitable metrics that may be used to measure the 
effectiveness of border security.
    (j) Evaluation by the Government Accountability Office.--
            (1) In general.--The Secretary of Homeland Security shall 
        make available to the Government Accountability Office the data 
        and methodology used to develop the metrics implemented under 
        subsections (e), (f), and (g).
            (2) Report.--Not later than 270 days after receiving the 
        data and methodology referred to in paragraph (1), the 
        Comptroller General of the United States shall submit to the 
        appropriate congressional committees a report on the 
        suitability and statistical validity of such data and 
        methodology.
    (k) Certifications and Reports Relating to Operational Control.--
            (1) By the secretary of homeland security.--
                    (A) Two years.--If the Secretary of Homeland 
                Security determines that situational awareness and 
                operational control of high traffic areas have been 
                achieved by the date that is not later than two years 
                after the date of the submission of the implementation 
                plan required under subsection (c), the Secretary shall 
                submit to the appropriate congressional committees and 
                the Comptroller General of the United States a 
                certification that so attests.
                    (B) Five years.--If the Secretary of Homeland 
                Security determines that operational control along the 
                southwest border of the United States has been achieved 
                by the date that is not later than five years after the 
                date of the submission of the implementation plan 
                required under subsection (c), the Secretary shall 
                submit to the appropriate congressional committees and 
                the Comptroller General of the United States a 
                certification that so attests.
                    (C) Annual updates.--Every year beginning with the 
                year after the Secretary of Homeland Security submits 
                the certification under subparagraph (B), if the 
                Secretary determines that operational control along the 
                southwest border of the United States is being 
                maintained, the Secretary shall submit to the 
                appropriate congressional committees and the 
                Comptroller General of the United States a 
                certification that so attests.
            (2) By the comptroller general.--
                    (A) Reviews.--The Comptroller General of the United 
                States shall review the certifications of the Secretary 
                of Homeland Security under subparagraphs (A), (B), and 
                (C) of paragraph (1) to assess the certifications of 
                the Secretary relating to the achievement of 
                situational awareness, operational control, or both, as 
                the case may be, in accordance with such subparagraphs.
                    (B) Reports.--Not later than 120 days after 
                conducting the reviews described in subparagraph (A), 
                the Comptroller General of the United States shall 
                submit to the appropriate congressional committees a 
                report on the results of each such review.
    (l) Failure to Achieve Situational Awareness or Operational 
Control.--If the Secretary of Homeland Security determines that 
situational awareness, operational control, or both, as the case may 
be, has not been achieved by the dates referred to in subparagraphs (A) 
and (B) of subsection (k)(1), as the case may be, or if the Secretary 
determines that operational control is not being annually maintained 
pursuant to subparagraph (C) of such subsection, the Secretary shall, 
not later than 60 days after such dates, submit to the appropriate 
congressional committees a report that describes why situational 
awareness or operational control, or both, as the case may be, was not 
achieved. Such report shall include, at a minimum, impediments 
incurred, potential remedies, and recommendations to achieve 
situational awareness, operational control, or both, as the case may 
be.
    (m) Government Accountability Office Report on Border Security 
Duplication and Cost Effectiveness.--Not later than one year after the 
date of the enactment of this Act, the Comptroller General of the 
United States shall submit to the appropriate congressional committees 
a report addressing areas of overlap in responsibilities within the 
border security functions of the Department of Homeland Security and 
the relative cost effectiveness of border security strategies, 
including deployment of additional personnel and technology, and 
construction of virtual and physical barriers.
    (n) Reports.--Not later than 60 days after the date of the 
enactment of this Act and annually thereafter, the Secretary of 
Homeland Security shall submit to the appropriate congressional 
committees a report on the following:
            (1) A resource allocation model for current and future year 
        staffing requirements that includes optimal staffing levels at 
        all land, air, and sea ports of entry, and an explanation of 
        U.S. Customs and Border Protection methodology for aligning 
        staffing levels and workload to threats and vulnerabilities and 
        their effects on cross border trade and passenger travel across 
        all mission areas.
            (2) Detailed information on the level of manpower available 
        at all land, air, and sea ports of entry and between ports of 
        entry, including the number of canine and agricultural 
        specialists assigned to each such port of entry.
            (3) Detailed information that describes the difference 
        between the staffing the model suggests and the actual staffing 
        at each port of entry and between the ports of entry.
            (4) Detailed information that examines both the security 
        impacts and competitive impacts of entering into a 
        reimbursement agreement with foreign governments for U.S. 
        Customs and Border Protection preclearance facilities.
    (o) Definitions.--In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Homeland Security of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate.
            (2) Cocaine removal effectiveness rate.--The term ``cocaine 
        removal effectiveness rate'' means the percentage that results 
        from dividing the amount of cocaine removed by the Department 
        of Homeland Security's maritime security components inside or 
        outside a transit zone, as the case may be, by the total 
        documented cocaine flow rate as contained in Federal drug 
        databases.
            (3) Consequence delivery system.--The term ``Consequence 
        Delivery System'' means the series of consequences applied to 
        persons illegally entering the United States by the Border 
        Patrol to prevent illegal border crossing recidivism.
            (4) Got away.--The term ``got away'' means an illegal 
        border crosser who, after making an illegal entry into the 
        United States, is not turned back or apprehended.
            (5) High traffic areas.--The term ``high traffic areas'' 
        means sectors along the northern and southern borders of the 
        United States that are within the responsibility of the Border 
        Patrol that have the most illicit cross-border activity, 
        informed through situational awareness.
            (6) Illegal border crossing effectiveness rate.--The term 
        ``illegal border crossing effectiveness rate'' means the 
        percentage that results from dividing the number of 
        apprehensions and turn backs by the number of apprehensions, 
        turn backs, and got aways. The data used by the Secretary of 
        Homeland Security to determine such rate shall be collected and 
        reported in a consistent and standardized manner across all 
        Border Patrol sectors.
            (7) Major violator.--The term ``major violator'' means a 
        person or entity that has engaged in serious criminal 
        activities at any land, air, or sea port of entry, including 
        possession of illicit drugs, smuggling of prohibited products, 
        human smuggling, weapons possession, use of fraudulent United 
        States documents, or other offenses serious enough to result in 
        arrest.
            (8) Operational control.--The term ``operational control'' 
        means a condition in which there is a not lower than 90 percent 
        illegal border crossing effectiveness rate, informed by 
        situational awareness, and a significant reduction in the 
        movement of illicit drugs and other contraband through such 
        areas is being achieved.
            (9) Situational awareness.--The term ``situational 
        awareness'' means knowledge and an understanding of current 
        illicit cross-border activity, including cross-border threats 
        and trends concerning illicit trafficking and unlawful 
        crossings along the international borders of the United States 
        and in the maritime environment, and the ability to forecast 
        future shifts in such threats and trends.
            (10) Transit zone.--The term ``transit zone'' means the sea 
        corridors of the western Atlantic Ocean, the Gulf of Mexico, 
        the Caribbean Sea, and the eastern Pacific Ocean through which 
        undocumented migrants and illicit drugs transit, either 
        directly or indirectly, to the United States.
            (11) Turn back.--The term ``turn back'' means an illegal 
        border crosser who, after making an illegal entry into the 
        United States, returns to the country from which such crosser 
        entered.

SEC. 4. US-VISIT IMPLEMENTATION.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary of Homeland Security shall submit to the appropriate 
congressional committees a plan to implement immediately a biometric 
exit capability at ports of entry under the US-VISIT program, in 
accordance with the Enhanced Security and Visa Entry Reform Act of 2002 
(Public Law 107-173). If the Secretary determines that development of 
such a system is not feasible, the Secretary shall, not later than 180 
days after the date of the enactment of this Act, submit to the 
appropriate congressional committees a plan to implement, not later 
than two years after such date of enactment, an alternative program to 
provide the same level of security.

SEC. 5. PROHIBITION ON LAND BORDER CROSSING FEE STUDY.

    The Secretary of Homeland Security may not conduct any study 
relating to the imposition of a border crossing fee for pedestrians or 
passenger vehicles at land ports of entry along the southern border or 
the northern border of the United States.
                                                  Union Calendar No. 62

113th CONGRESS

  1st Session

                               H. R. 1417

                          [Report No. 113-87]

_______________________________________________________________________

                                 A BILL

      To require the Secretary of Homeland Security to develop a 
comprehensive strategy to gain and maintain operational control of the 
  international borders of the United States, and for other purposes.

_______________________________________________________________________

                              May 20, 2013

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed