```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 683 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 683

      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 SENATE OF THE UNITED STATES

                             April 9, 2013

  Mr. Cornyn introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 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.

    Not later than 60 days after the date of the enactment of this Act 
and every 180 days thereafter, the Secretary of Homeland Security shall 
submit to the appropriate congressional committees a report that 
assesses and describes, as of such date, the state of operational 
control of the international borders of the United States.

SEC. 3. STRATEGY TO ACHIEVE OPERATIONAL CONTROL OF THE BORDER.

    (a) Strategy To Secure the Border.--Not later than 120 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 operational control 
of all sectors of the international borders of the United States by the 
date that is not later than two years after the date of the submission 
of the implementation plan required under subsection (b). The strategy 
shall include, at a minimum, a consideration of the following:
            (1) An assessment of principal border security threats.
            (2) Efforts to analyze and disseminate border security and 
        border threat information between Department of Homeland 
        Security border security components.
            (3) Efforts to increase situational awareness.
            (4) A comprehensive border security technology plan for 
        detection technology capabilities, including a documented 
        justification and rationale for technology choices, deployment 
        locations, fixed versus mobile assets, and a timetable for 
        procurement and deployment.
            (5) Surveillance capabilities developed or utilized by the 
        Department of Defense, including any technology determined to 
        be excess by the Department of Defense.
            (6) Use of manned aircraft and unmanned aerial systems, 
        including the camera and sensor technology deployed on such 
        assets.
            (7) Technology required to enhance security at ports of 
        entry, including the installation of nonintrusive detection 
        equipment, radiation portal monitors, biometric technology, and 
        other sensors and technology that the Secretary determines 
        necessary.
            (8) Operational coordination of Department of Homeland 
        Security border security components.
            (9) Cooperative agreements with State, local, tribal, and 
        other Federal law enforcement agencies that have jurisdiction 
        on the northern border, southern border, and in the maritime 
        environment.
            (10) Agreements with foreign governments that support the 
        border security efforts of the United States.
            (11) Staffing requirements for all border security 
        functions.
            (12) Resources and other measures necessary to achieve a 
        50-percent reduction in the average wait times of commercial 
        and passenger vehicles at international land ports of entry 
        along the international borders of the United States.
            (13) Metrics required under subsections (e), (f), and (g).
    (b) Implementation Plan.--Not later than 60 days after the 
submission of the strategy under subsection (a), the Secretary of 
Homeland Security shall submit to the appropriate congressional 
committees an implementation plan for each of the Department of 
Homeland Security border security components to carry out such 
strategy.
    (c) Situational Awareness.--Not later than two years after the date 
of the enactment of this Act, the Secretary of Homeland Security shall 
achieve situational awareness of the international borders of the 
United States.
    (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 (b), 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 (b).
    (e) Metrics for Securing the Border Between Ports of Entry.--Not 
later than 90 days after the date of the enactment of this Act, the 
Secretary of Homeland Security shall implement metrics to measure the 
effectiveness of security between ports of entry, which shall include, 
at a minimum, the following:
            (1) An effectiveness rate which measures the number of 
        illegal border crossers who are turned back, and the amount of 
        narcotics seized, against the total estimated number of illegal 
        border crossers and amount of narcotics the Department of 
        Homeland Security's border security components fail to 
        apprehend or seize, as the case may be.
            (2) Estimates, using alternate methodologies, including 
        recidivism and survey data, of total attempted illegal border 
        crossings, the rate of apprehension of attempted illegal border 
        crossings, and the inflow into the United States of illegal 
        border crossers who evade apprehension.
            (3) Estimates of the impacts of the Border Patrol's 
        Consequence Delivery System on the rate of recidivism of 
        illegal border crossers.
            (4) An understanding of the current level of situational 
        awareness.
            (5) Amount of narcotics seized between ports of entry.
    (f) Metrics for Securing the Border at Ports of Entry.--Not later 
than 90 days after the date of the enactment of this Act, the Secretary 
of Homeland Security shall implement metrics to measure the 
effectiveness of security at ports of entry, which shall include, at a 
minimum, the following:
            (1) An effectiveness rate which measures the number of 
        illegal border crossers who are turned back, and the amount of 
        narcotics seized, against the total estimated number of illegal 
        border crossers and amount of narcotics the Department of 
        Homeland Security's border security components fail to 
        apprehend or seize, as the case may be.
            (2) The number of infractions related to personnel and 
        cargo committed by major violators who are apprehended by U.S. 
        Customs and Border Protection at such ports of entry.
            (3) The estimated number of such infractions committed by 
        major violators who are not so apprehended.
            (4) Estimates, using alternate methodologies, including 
        recidivism and survey data, of total attempted illegal border 
        crossings, the rate of apprehension of attempted illegal border 
        crossings, and the inflow into the United States of illegal 
        border crossers who evade apprehension.
    (g) Metrics for Securing the Maritime Border.--Not later than 90 
days after the date of the enactment of this Act, the Secretary of 
Homeland Security shall implement metrics to measure the effectiveness 
of security in the maritime environment, which shall include, at a 
minimum, the following:
            (1) An effectiveness rate which measures the number of 
        migrants apprehended, the number of migrants turned back, and 
        the amount of narcotics seized, against the total estimated 
        numbers of migrants and amount of narcotics the Department of 
        Homeland Security's maritime security components fail to 
        apprehend or seize, as the case may be.
            (2) An understanding of the current level of situational 
        awareness.
            (3) A response rate which measures the Department's ability 
        to respond to known maritime threats by placing assets on-
        scene, compared to the total number of events with respect to 
        which the Department has known threat information.
            (4) Partnerships with international, State, local, tribal, 
        and other Federal law enforcement agencies.
    (h) Independent Assessment by a National Laboratory Within the 
Department of Homeland Security Laboratory Network.--The Secretary of 
Homeland Security shall request the head of a national laboratory 
within the Department of Homeland Security laboratory network with 
prior expertise in border security to--
            (1) provide an independent assessment of the metrics 
        implemented in accordance with subsections (e), (f), and (g) to 
        ensure each such metric's suitability and statistical validity; 
        and
            (2) make recommendations for other suitable metrics that 
        may be used to measure the effectiveness of border security.
    (i) 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) and the independent assessment 
        described under subsection (h).
            (2) Report.--Not later than 270 days after receiving the 
        data and methodology described 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.
    (j) Certifications Relating to Operational Control.--
            (1) By the secretary of homeland security.--If the 
        Secretary of Homeland Security determines that operational 
        control of the international borders of the United States has 
        been achieved, 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) Review.--The Comptroller General of the United 
                States shall review the certification of the Secretary 
                of Homeland Security under paragraph (1) to verify if 
                such certification is accurate.
                    (B) Verification and submission.--If the 
                Comptroller General of the United States verifies the 
                accuracy of the certification of the Secretary of 
                Homeland Security under paragraph (1), the Comptroller 
                General shall, not later than 120 days after such 
                verification, submit to the appropriate congressional 
                committees a certification that so attests.
    (k) GAO Report on Border Security Duplication.--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.
    (l) 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 
committee 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 
        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 officers 
        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.
    (m) 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) 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 narcotics, smuggling of prohibited products, 
        human smuggling, weapons possession, use of fraudulent United 
        States documents, or other offenses serious enough to result in 
        arrest.
            (3) Operational control.--The term ``operational control'' 
        means a condition in which there is a 90 percent probability 
        that illegal border crossers are apprehended and narcotics and 
        other contraband are seized.
            (4) 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 predict 
        future shifts in such threats and trends.
                                 <all>
```