[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1864 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1864

   To improve national security by developing metrics to measure the 
 effectiveness of security between ports of entry, at points of entry, 
                     and along the maritime border.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 27, 2015

 Mr. Johnson (for himself, Mr. McCain, and Mr. Cornyn) introduced the 
 following bill; which was read twice and referred to the Committee on 
               Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
   To improve national security by developing metrics to measure the 
 effectiveness of security between ports of entry, at points of entry, 
                     and along the maritime border.

    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 ``Department of Homeland Security 
Border Security Metrics Act of 2015''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (B) the Committee on Homeland Security of the House 
                of Representatives;
                    (C) the Committee on the Judiciary of the Senate; 
                and
                    (D) the Committee on the Judiciary of the House of 
                Representatives.
            (2) Consequence delivery system.--The term ``Consequence 
        Delivery System'' means the series of consequences applied by 
        the Border Patrol to persons unlawfully entering the United 
        States to prevent unlawful border crossing recidivism.
            (3) Got away.--The term ``got away'' means an unlawful 
        border crosser who--
                    (A) is directly or indirectly observed making an 
                unlawful entry into the United States; and
                    (B) is not a turn back and is not apprehended.
            (4) Known migrant flow.--The term ``known migrant flow'' 
        means the sum of the number of undocumented migrants--
                    (A) interdicted at sea;
                    (B) identified at sea, but not interdicted;
                    (C) that successfully entered the United States 
                through the maritime border; or
                    (D) not described in subparagraph (A), (B), or (C), 
                which were otherwise reported, with a significant 
                degree of certainty, as having entered, or attempted to 
                enter, the United States through the maritime border.
            (5) 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--
                    (A) possession of illicit drugs;
                    (B) smuggling of prohibited products;
                    (C) human smuggling;
                    (D) weapons possession;
                    (E) use of fraudulent United States documents; or
                    (F) other offenses that are serious enough to 
                result in arrest.
            (6) Situational awareness.--The term ``situational 
        awareness'' means knowledge and unified understanding of 
        current unlawful cross-border activity, including--
                    (A) threats and trends concerning illicit 
                trafficking and unlawful crossings;
                    (B) the ability to forecast future shifts in such 
                threats and trends;
                    (C) the ability to evaluate such threats and trends 
                at a level sufficient to create actionable plans; and
                    (D) the operational capability to conduct 
                persistent and integrated surveillance of the 
                international borders of the United States.
            (7) 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.
            (8) Turn back.--The term ``turn back'' means an unlawful 
        border crosser who, after making an unlawful entry into the 
        United States, promptly returns to the country from which such 
        crosser entered.
            (9) Unlawful border crossing effectiveness rate.--The term 
        ``unlawful border crossing effectiveness rate'' means the 
        percentage that results from dividing--
                    (A) the number of apprehensions and turn backs; and
                    (B) the number of apprehensions, estimated unlawful 
                entries, turn backs, and got aways.
            (10) Unlawful entry.--The term ``unlawful entry'' means an 
        unlawful border crosser who enters the United States and is not 
        apprehended by a border security component of the Department of 
        Homeland Security.

SEC. 3. METRICS FOR SECURING THE BORDER BETWEEN PORTS OF ENTRY.

    (a) In General.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall develop 
metrics, informed by situational awareness, to measure the 
effectiveness of security between ports of entry. The Secretary shall 
annually implement the metrics developed under this subsection, which 
shall include--
            (1) estimates, using alternative methodologies, including 
        recidivism data, survey data, known-flow data, and 
        technologically measured data, of--
                    (A) total attempted unlawful border crossings;
                    (B) the rate of apprehension of attempted unlawful 
                border crossers; and
                    (C) the number of unlawful entries;
            (2) a situational awareness achievement metric, which 
        measures situational awareness achieved in each Border Patrol 
        sector;
            (3) an unlawful border crossing effectiveness rate;
            (4) a probability of detection, which compares the 
        estimated total unlawful border crossing attempts not detected 
        by the Border Patrol to the unlawful border crossing 
        effectiveness rate, as informed by paragraph (1);
            (5) an illicit drugs seizure rate for drugs seized by the 
        Border Patrol, which compares the ratio of the amount and type 
        of illicit drugs seized by the Border Patrol in any fiscal year 
        to the average of the amount and type of illicit drugs seized 
        by the Border Patrol in the immediately preceding 5 fiscal 
        years;
            (6) a weight-to-frequency rate, which compares the average 
        weight of marijuana seized per seizure by the Border Patrol in 
        any fiscal year to such weight-to-frequency rate for the 
        immediately preceding 5 fiscal years;
            (7) estimates of the impact of the Consequence Delivery 
        System on the rate of recidivism of unlawful border crossers 
        over multiple fiscal years; and
            (8) an examination of each consequence referred to in 
        paragraph (7), including--
                    (A) voluntary return;
                    (B) warrant of arrest or notice to appear;
                    (C) expedited removal;
                    (D) reinstatement of removal;
                    (E) alien transfer exit program;
                    (F) Operation Streamline;
                    (G) standard prosecution; and
                    (H) Operation Against Smugglers Initiative on 
                Safety and Security.
    (b) Metrics Consultation.--In developing the metrics required under 
subsection (a), the Secretary shall--
            (1) consult with the appropriate components of the 
        Department of Homeland Security; and
            (2) as appropriate, work with other agencies, including the 
        Office of Refugee Resettlement of the Department of Health and 
        Human Services and the Executive Office for Immigration Review 
        of the Department of Justice, to ensure that authoritative data 
        sources are utilized.
    (c) Manner of Collection.--The data used by the Secretary of 
Homeland Security shall be collected and reported in a consistent and 
standardized manner across all Border Patrol sectors, informed by 
situational awareness.

SEC. 4. METRICS FOR SECURING THE BORDER AT PORTS OF ENTRY.

    (a)  In General.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall develop 
metrics, informed by situational awareness, to measure the 
effectiveness of security at ports of entry. The Secretary shall 
annually implement the metrics developed under this subsection, which 
shall include--
            (1) estimates, using alternative methodologies, including 
        survey data and randomized secondary screening data, of--
                    (A) total attempted inadmissible border crossings;
                    (B) the rate of apprehension of attempted 
                inadmissible border crossings; and
                    (C) the number of unlawful entries;
            (2) the amount and type of illicit drugs seized by the 
        Office of Field Operations of U.S. Customs and Border 
        Protection at United States land, air, and sea ports during the 
        previous fiscal year;
            (3) an illicit drugs seizure rate for drugs seized by the 
        Office of Field Operations, which compares the ratio of the 
        amount and type of illicit drugs seized by the Office of Field 
        Operations in any fiscal year to the average of the amount and 
        type of illicit drugs seized by the Office of Field Operations 
        in the immediately preceding 5 fiscal years;
            (4) in consultation with the Office of National Drug 
        Control Policy and the United States Southern Command, a 
        cocaine seizure effectiveness rate, which is the percentage 
        resulting from dividing--
                    (A) the amount of cocaine seized by the Office of 
                Field Operations; and
                    (B) the total estimated cocaine flow rate at ports 
                of entry along the land border;
            (5) the number of infractions related to travelers and 
        cargo committed by major violators who are apprehended by the 
        Office of Field Operations at ports of entry, and the estimated 
        number of such infractions committed by major violators who are 
        not apprehended;
            (6) a measurement of how border security operations affect 
        crossing times, including--
                    (A) a wait time ratio that compares the average 
                wait times to total commercial and private vehicular 
                traffic volumes at each port of entry;
                    (B) an infrastructure capacity utilization rate 
                that measures traffic volume against the physical and 
                staffing capacity at each port of entry;
                    (C) a secondary examination rate that measures the 
                frequency of secondary examinations at each port of 
                entry; and
                    (D) an enforcement rate that measures the 
                effectiveness of secondary examinations at detecting 
                major violators; and
            (7) a cargo scanning rate that includes--
                    (A) a comparison of the number of high-risk cargo 
                containers scanned by the Office of Field Operations at 
                each United States seaport during the fiscal year to 
                the total number of high-risk cargo containers entering 
                the United States at each seaport during the previous 
                fiscal year;
                    (B) the percentage of all cargo that is considered 
                ``high-risk'' cargo; and
                    (C) the percentage of high-risk cargo scanned--
                            (i) upon arrival at a United States seaport 
                        before entering United States commerce; and
                            (ii) before being laden on a vessel 
                        destined for the United States.
    (b) Metrics Consultation.--In developing the metrics required under 
subsection (a), the Secretary shall--
            (1) consult with the appropriate components of the 
        Department of Homeland Security; and
            (2) as appropriate, work with other agencies, including the 
        Office of Refugee Resettlement of the Department of Health and 
        Human Services and the Executive Office for Immigration Review 
        of the Department of Justice, to ensure that authoritative data 
        sources are utilized.
    (c) Manner of Collection.--The data used by the Secretary of 
Homeland Security shall be collected and reported in a consistent and 
standardized manner across all field offices, informed by situational 
awareness.

SEC. 5. METRICS FOR SECURING THE MARITIME BORDER.

    (a) In General.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall develop 
metrics, informed by situational awareness, to measure the 
effectiveness of security in the maritime environment. The Secretary 
shall annually implement the metrics developed under this subsection, 
which shall include--
            (1) situational awareness achieved in the maritime 
        environment;
            (2) an undocumented migrant interdiction rate, which 
        compares the migrants interdicted at sea to the total known 
        migrant flow;
            (3) an illicit drugs removal rate, for drugs removed inside 
        and outside of a transit zone, which compares the amount and 
        type of illicit drugs removed, including drugs abandoned at 
        sea, by the Department of Homeland Security's maritime security 
        components in any fiscal year to the average of the amount and 
        type of illicit drugs removed by the Department of Homeland 
        Security's maritime components for the immediately preceding 5 
        fiscal years;
            (4) in consultation with the Office of National Drug 
        Control Policy and the United States Southern Command, a 
        cocaine removal effectiveness rate, for cocaine removed inside 
        a transit zone and outside a transit zone; which compares the 
        amount of cocaine removed by the Department of Homeland 
        Security's maritime security components by the total documented 
        cocaine flow rate, as contained in Federal drug databases;
            (5) a response rate, which compares the ability of the 
        maritime security components of the Department of Homeland 
        Security to respond to and resolve known maritime threats, 
        whether inside and outside a transit zone, by placing assets 
        on-scene, to the total number of events with respect to which 
        the Department has known threat information; and
            (6) an intergovernmental response rate, which compares the 
        ability of the maritime security components of the Department 
        of Homeland Security or other United States Government entities 
        to respond to and resolve actionable maritime threats, whether 
        inside or outside the Western Hemisphere transit zone, by 
        targeting maritime threats in order to detect them, and of 
        those threats detected, the total number of maritime threats 
        interdicted or disrupted.
    (b) Metrics Consultation.--In developing the metrics required under 
subsection (a), the Secretary shall--
            (1) consult with the appropriate components of the 
        Department of Homeland Security; and
            (2) as appropriate, work with other agencies, including the 
        Drug Enforcement Agency, the Department of Defense, and the 
        Department of Justice, to ensure that authoritative data 
        sources are utilized.
    (c) Manner of Collection.--The data used by the Secretary of 
Homeland Security shall be collected and reported in a consistent and 
standardized manner, informed by situational awareness.

SEC. 6. AIR AND MARINE SECURITY METRICS IN THE LAND DOMAIN.

    (a) In General.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall develop 
metrics, informed by situational awareness, to measure the 
effectiveness of the aviation assets and operations of the Office of 
Air and Marine of U.S. Customs and Border Enforcement. The Secretary 
shall annually implement the metrics developed under this subsection, 
which shall include--
            (1) an effectiveness rate, which compares Office of Air and 
        Marine flight hours requirements to the number of flight hours 
        flown by such Office;
            (2) a funded flight hour effectiveness rate, which compares 
        the number of funded flight hours appropriated to the Office of 
        Air and Marine to the number of actual flight hours flown by 
        such Office;
            (3) a readiness rate, which compares the number of aviation 
        missions flown by the Office of Air and Marine to the number of 
        aviation missions cancelled by such Office due to maintenance, 
        operations, or other causes;
            (4) the number of missions cancelled by such Office due to 
        weather compared to the total planned missions;
            (5) the number of subjects detected by the Office of Air 
        and Marine through the use of unmanned aerial systems and 
        manned aircrafts;
            (6) the number of apprehensions assisted by the Office of 
        Air and Marine through the use of unmanned aerial systems and 
        manned aircrafts;
            (7) the number and quantity of illicit drug seizures 
        assisted by the Office of Air and Marine through the use of 
        unmanned aerial systems and manned aircrafts; and
            (8) the number of times that usable intelligence related to 
        border security was obtained through the use of unmanned aerial 
        systems and manned aircraft.
    (b) Metrics Consultation.--In developing the metrics required under 
subsection (a), the Secretary shall--
            (1) consult with the appropriate components of the 
        Department of Homeland Security; and
            (2) as appropriate, work with other agencies, including the 
        Department of Justice, to ensure that authoritative data 
        sources are utilized.
    (c) Manner of Collection.--The data used by the Secretary of 
Homeland Security shall be collected and reported in a consistent and 
standardized manner, informed by situational awareness.

SEC. 7. DATA TRANSPARENCY.

    The Secretary of Homeland Security shall--
            (1) in accordance with applicable privacy laws, make data 
        related to apprehensions, inadmissible aliens, drug seizures, 
        and other enforcement actions available to the public, academic 
        research, and law enforcement communities; and
            (2) provide the Office of Immigration Statistics of the 
        Department of Homeland Security with unfettered access to the 
        data described in paragraph (1).

SEC. 8. EVALUATION BY THE GOVERNMENT ACCOUNTABILITY OFFICE AND THE 
              SECRETARY OF HOMELAND SECURITY.

    (a) Metrics Report.--
            (1) Mandatory disclosures.--The Secretary of Homeland 
        Security shall submit an annual report containing the metrics 
        required under sections 3 through 6 and the data and 
        methodology used to develop such metrics to--
                    (A) the appropriate congressional committees; and
                    (B) the Comptroller General of the United States.
            (2) Permissible disclosures.--The Secretary of Homeland 
        Security, for the purpose of validation and verification, may 
        submit the annual report described in paragraph (1) to--
                    (A) the National Center for Border Security and 
                Immigration;
                    (B) the head of a national laboratory within the 
                Department of Homeland Security laboratory network with 
                prior expertise in border security; and
                    (C) a Federally Funded Research and Development 
                Center sponsored by the Department of Homeland 
                Security.
    (b) GAO Report.--Not later than 270 days after receiving the first 
report under subsection (a)(1), and biannually thereafter for the 
following 10 years, the Comptroller General of the United States, shall 
submit a report to the appropriate congressional committees that--
            (1) analyzes the suitability and statistical validity of 
        the data and methodology contained in such report; and
            (2) includes recommendations to Congress on--
                    (A) the feasibility of other suitable metrics that 
                may be used to measure the effectiveness of border 
                security; and
                    (B) improvements that need to be made to the 
                metrics being used to measure the effectiveness of 
                border security.
    (c) State of the Border Report.--Not later than 60 days after the 
end of each fiscal year through fiscal year 2025, the Secretary of 
Homeland Security shall submit a ``State of the Border'' report to the 
appropriate congressional committees that--
            (1) provides trends for each metric under sections 3 
        through 6 for the last 10 years, to the extent possible;
            (2) provides selected analysis into related aspects of 
        illegal flow rates, including legal flows and stock estimation 
        techniques; and
            (3) includes any other information that the Secretary 
        determines appropriate.
    (d) Metrics Update.--
            (1) In general.--After submitting the final report to the 
        Comptroller General under subsection (a), the Secretary of 
        Homeland Security may reevaluate and update any of the metrics 
        required under sections 3 through 6 to ensure that such 
        metrics--
                    (A) meet the Department of Homeland Security's 
                performance management needs; and
                    (B) are suitable to measure the effectiveness of 
                border security.
            (2) Congressional notification.--Not later than 30 days 
        before updating the metrics under paragraph (1), the Secretary 
        shall notify the appropriate congressional committees of such 
        updates.
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