II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Border Security Re5 sults Act of 2013’’. 

6 SEC. 2. REPORTS ON CURRENT BORDER SECURITY STATUS. 

7 Not later than 60 days after the date of the enact8 ment of this Act and every 180 days thereafter, the SecVerDate Mar 15 2010 01:59 Apr 10, 2013 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S683.IS S683

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1 retary of Homeland Security shall submit to the appro2 priate congressional committees a report that assesses and 

3 describes, as of such date, the state of operational control 

4 of the international borders of the United States. 

5 SEC. 3. STRATEGY TO ACHIEVE OPERATIONAL CONTROL 

6 OF THE BORDER. 

7 (a) STRATEGY TO SECURE THE BORDER.—Not later 

8 than 120 days after the date of the enactment of this Act, 

9 the Secretary of Homeland Security shall submit to the 

10 appropriate congressional committees a comprehensive 

11 strategy for gaining and maintaining operational control 

12 of all sectors of the international borders of the United 

13 States by the date that is not later than two years after 

14 the date of the submission of the implementation plan re15 quired under subsection (b). The strategy shall include, 

16 at a minimum, a consideration of the following: 

17 (1) An assessment of principal border security 

18 threats. 

19 (2) Efforts to analyze and disseminate border 

20 security and border threat information between De21 partment of Homeland Security border security com22 ponents. 

23 (3) Efforts to increase situational awareness. 

24 (4) A comprehensive border security technology 

25 plan for detection technology capabilities, including a 


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1 documented justification and rationale for tech2 nology choices, deployment locations, fixed versus 

3 mobile assets, and a timetable for procurement and 

4 deployment. 

5 (5) Surveillance capabilities developed or uti6 lized by the Department of Defense, including any 

7 technology determined to be excess by the Depart8 ment of Defense. 

9 (6) Use of manned aircraft and unmanned aer10 ial systems, including the camera and sensor tech11 nology deployed on such assets. 

12 (7) Technology required to enhance security at 

13 ports of entry, including the installation of nonintru14 sive detection equipment, radiation portal monitors, 

15 biometric technology, and other sensors and tech16 nology that the Secretary determines necessary. 

17 (8) Operational coordination of Department of 

18 Homeland Security border security components. 

19 (9) Cooperative agreements with State, local, 

20 tribal, and other Federal law enforcement agencies 

21 that have jurisdiction on the northern border, south22 ern border, and in the maritime environment. 

23 (10) Agreements with foreign governments that 

24 support the border security efforts of the United 

25 States. 


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1 (11) Staffing requirements for all border secu2 rity functions. 

3 (12) Resources and other measures necessary to 

4 achieve a 50-percent reduction in the average wait 

5 times of commercial and passenger vehicles at inter6 national land ports of entry along the international 

7 borders of the United States. 

8 (13) Metrics required under subsections (e), (f), 

9 and (g). 

10 (b) IMPLEMENTATION PLAN.—Not later than 60 

11 days after the submission of the strategy under subsection 

12 (a), the Secretary of Homeland Security shall submit to 

13 the appropriate congressional committees an implementa14 tion plan for each of the Department of Homeland Secu15 rity border security components to carry out such strat16 egy. 

17 (c) SITUATIONAL AWARENESS.—Not later than two 

18 years after the date of the enactment of this Act, the Sec19 retary of Homeland Security shall achieve situational 

20 awareness of the international borders of the United 

21 States. 

22 (d) PERIODIC UPDATES.—Not later than 180 days 

23 after the submission of each Quadrennial Homeland Secu24 rity Review required under section 707 of the Homeland 

25 Security Act of 2002 (6 U.S.C. 347) beginning with the 


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1 first such Review that is due after the implementation 

2 plan is submitted under subsection (b), the Secretary of 

3 Homeland Security shall submit to the appropriate con4 gressional committees an updated— 

5 (1) strategy under subsection (a); and 

6 (2) implementation plan under subsection (b). 

7 (e) METRICS FOR SECURING THE BORDER BETWEEN

8 PORTS OF ENTRY.—Not later than 90 days after the date 

9 of the enactment of this Act, the Secretary of Homeland 

10 Security shall implement metrics to measure the effective11 ness of security between ports of entry, which shall in12 clude, at a minimum, the following: 

13 (1) An effectiveness rate which measures the 

14 number of illegal border crossers who are turned 

15 back, and the amount of narcotics seized, against 

16 the total estimated number of illegal border crossers 

17 and amount of narcotics the Department of Home18 land Security’s border security components fail to 

19 apprehend or seize, as the case may be. 

20 (2) Estimates, using alternate methodologies, 

21 including recidivism and survey data, of total at22 tempted illegal border crossings, the rate of appre23 hension of attempted illegal border crossings, and 

24 the inflow into the United States of illegal border 

25 crossers who evade apprehension. 


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1 (3) Estimates of the impacts of the Border Pa2 trol’s Consequence Delivery System on the rate of 

3 recidivism of illegal border crossers. 

4 (4) An understanding of the current level of sit5 uational awareness. 

6 (5) Amount of narcotics seized between ports of 

7 entry. 

8 (f) METRICS FOR SECURING THE BORDER AT PORTS

9 OF ENTRY.—Not later than 90 days after the date of the 

10 enactment of this Act, the Secretary of Homeland Security 

11 shall implement metrics to measure the effectiveness of se12 curity at ports of entry, which shall include, at a min13 imum, the following: 

14 (1) An effectiveness rate which measures the 

15 number of illegal border crossers who are turned 

16 back, and the amount of narcotics seized, against 

17 the total estimated number of illegal border crossers 

18 and amount of narcotics the Department of Home19 land Security’s border security components fail to 

20 apprehend or seize, as the case may be. 

21 (2) The number of infractions related to per22 sonnel and cargo committed by major violators who 

23 are apprehended by U.S. Customs and Border Pro24 tection at such ports of entry. 


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1 (3) The estimated number of such infractions 

2 committed by major violators who are not so appre3 hended. 

4 (4) Estimates, using alternate methodologies, 

5 including recidivism and survey data, of total at6 tempted illegal border crossings, the rate of appre7 hension of attempted illegal border crossings, and 

8 the inflow into the United States of illegal border 

9 crossers who evade apprehension. 

10 (g) METRICS FOR SECURING THE MARITIME BOR11 DER.—Not later than 90 days after the date of the enact12 ment of this Act, the Secretary of Homeland Security shall 

13 implement metrics to measure the effectiveness of security 

14 in the maritime environment, which shall include, at a 

15 minimum, the following: 

16 (1) An effectiveness rate which measures the 

17 number of migrants apprehended, the number of mi18 grants turned back, and the amount of narcotics 

19 seized, against the total estimated numbers of mi20 grants and amount of narcotics the Department of 

21 Homeland Security’s maritime security components 

22 fail to apprehend or seize, as the case may be. 

23 (2) An understanding of the current level of sit24 uational awareness. 


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1 (3) A response rate which measures the Depart2 ment’s ability to respond to known maritime threats 

3 by placing assets on-scene, compared to the total 

4 number of events with respect to which the Depart5 ment has known threat information. 

6 (4) Partnerships with international, State, local, 

7 tribal, and other Federal law enforcement agencies. 

8 (h) INDEPENDENT ASSESSMENT BY A NATIONAL

9 LABORATORY WITHIN THE DEPARTMENT OF HOMELAND

10 SECURITY LABORATORY NETWORK.—The Secretary of 

11 Homeland Security shall request the head of a national 

12 laboratory within the Department of Homeland Security 

13 laboratory network with prior expertise in border security 

14 to— 

15 (1) provide an independent assessment of the 

16 metrics implemented in accordance with subsections 

17 (e), (f), and (g) to ensure each such metric’s suit18 ability and statistical validity; and 

19 (2) make recommendations for other suitable 

20 metrics that may be used to measure the effective21 ness of border security. 

22 (i) EVALUATION BY THE GOVERNMENT ACCOUNT23 ABILITY OFFICE.— 

24 (1) IN GENERAL.—The Secretary of Homeland 

25 Security shall make available to the Government AcVerDate Mar 15 2010 01:59 Apr 10, 2013 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S683.IS S683

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1 countability Office the data and methodology used to 

2 develop the metrics implemented under subsections 

3 (e), (f), and (g) and the independent assessment de4 scribed under subsection (h). 

5 (2) REPORT.—Not later than 270 days after re6 ceiving the data and methodology described in para7 graph (1), the Comptroller General of the United 

8 States shall submit to the appropriate congressional 

9 committees a report on the suitability and statistical 

10 validity of such data and methodology. 

11 (j) CERTIFICATIONS RELATING TO OPERATIONAL

12 CONTROL.— 

13 (1) BY THE SECRETARY OF HOMELAND SECU14 RITY.—If the Secretary of Homeland Security deter15 mines that operational control of the international 

16 borders of the United States has been achieved, the 

17 Secretary shall submit to the appropriate congres18 sional committees and the Comptroller General of 

19 the United States a certification that so attests. 

20 (2) BY THE COMPTROLLER GENERAL.— 

21 (A) REVIEW.—The Comptroller General of 

22 the United States shall review the certification 

23 of the Secretary of Homeland Security under 

24 paragraph (1) to verify if such certification is 

25 accurate. 


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1 (B) VERIFICATION AND SUBMISSION.—If 

2 the Comptroller General of the United States 

3 verifies the accuracy of the certification of the 

4 Secretary of Homeland Security under para5 graph (1), the Comptroller General shall, not 

6 later than 120 days after such verification, sub7 mit to the appropriate congressional committees 

8 a certification that so attests. 

9 (k) GAO REPORT ON BORDER SECURITY DUPLICA10 TION.—Not later than one year after the date of the enact11 ment of this Act, the Comptroller General of the United 

12 States shall submit to the appropriate congressional com13 mittees a report addressing areas of overlap in responsibil14 ities within the border security functions of the Depart15 ment of Homeland Security. 

16 (l) REPORTS.—Not later than 60 days after the date 

17 of the enactment of this Act and annually thereafter, the 

18 Secretary of Homeland Security shall submit to the appro19 priate congressional committee a report on the following: 

20 (1) A resource allocation model for current and 

21 future year staffing requirements that includes opti22 mal staffing levels at all land, air, and sea ports of 

23 entry, and an explanation of U.S. Customs and Bor24 der Protection methodology for aligning staffing levVerDate Mar 15 2010 01:59 Apr 10, 2013 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S683.IS S683

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1 els and workload to threats and vulnerabilities 

2 across all mission areas. 

3 (2) Detailed information on the level of man4 power available at all land, air, and sea ports of 

5 entry and between ports of entry, including the num6 ber of canine and agricultural officers assigned to 

7 each such port of entry. 

8 (3) Detailed information that describes the dif9 ference between the staffing the model suggests and 

10 the actual staffing at each port of entry and between 

11 the ports of entry. 

12 (m) DEFINITIONS.—In this Act: 

13 (1) APPROPRIATE CONGRESSIONAL COMMIT14 TEES.—The term ‘‘appropriate congressional com15 mittees’’ means the Committee on Homeland Secu16 rity of the House of Representatives and the Com17 mittee on Homeland Security and Governmental Af18 fairs of the Senate. 

19 (2) MAJOR VIOLATOR.—The term ‘‘major viola20 tor’’ means a person or entity that has engaged in 

21 serious criminal activities at any land, air, or sea 

22 port of entry, including possession of narcotics, 

23 smuggling of prohibited products, human smuggling, 

24 weapons possession, use of fraudulent United States 


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1 documents, or other offenses serious enough to re2 sult in arrest. 

3 (3) OPERATIONAL CONTROL.—The term ‘‘oper4 ational control’’ means a condition in which there is 

5 a 90 percent probability that illegal border crossers 

6 are apprehended and narcotics and other contraband 

7 are seized. 

8 (4) SITUATIONAL AWARENESS.—The term ‘‘sit9 uational awareness’’ means knowledge and an under10 standing of current illicit cross-border activity, in11 cluding cross-border threats and trends concerning 

12 illicit trafficking and unlawful crossings along the 

13 international borders of the United States and in the 

14 maritime environment, and the ability to predict fu15 ture shifts in such threats and trends. 

Æ 


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