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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1299 Reported in House (RH)]

                                                 Union Calendar No. 184
112th CONGRESS
  1st Session
                                H. R. 1299

                          [Report No. 112-274]

     To achieve operational control of and improve security at the 
    international land borders of the United States, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 31, 2011

   Mrs. Miller of Michigan (for herself, Mr. King of New York, Mrs. 
 Blackburn, Mr. Franks of Arizona, Mr. Burton of Indiana, Mr. Walberg, 
 Mr. Quayle, Mr. Rogers of Alabama, Mr. Long, Mr. McCaul, Mr. Walsh of 
Illinois, Mr. Poe of Texas, Mr. Bilirakis, Mr. Westmoreland, Mr. Duncan 
 of South Carolina, Mr. Canseco, Mr. Daniel E. Lungren of California, 
  Mr. Coffman of Colorado, and Mrs. McMorris Rodgers) introduced the 
    following bill; which was referred to the Committee on Homeland 
                                Security

                           November 10, 2011

   Additional sponsors: Mr. Gohmert, Mrs. Myrick, Mr. Scott of South 
Carolina, Mr. Bartlett, Mr. Olson, Mr. Forbes, Mr. Gingrey of Georgia, 
Mr. Barletta, Mr. Young of Indiana, Mr. Kline, Mr. Tiberi, Mr. Brady of 
                    Texas, Mr. Hunter, and Mr. Gosar

                           November 10, 2011

  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]

_______________________________________________________________________

                                 A BILL

 
     To achieve operational control of and improve security at the 
    international land 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Secure Border Act of 
2011''.</DELETED>

<DELETED>SEC. 2. STRATEGY TO ACHIEVE OPERATIONAL CONTROL OF THE 
              BORDER.</DELETED>

<DELETED>    (a) Findings.--Congress finds the following:</DELETED>
        <DELETED>    (1) The border shared by the United States and 
        Mexico, and numerous Mexican towns in close proximity to that 
        border, have experienced a dramatic surge in crime and violence 
        to ongoing activity among rival Mexican drug cartels and 
        criminal smuggling organizations that employ predatory tactics 
        to realize their profits.</DELETED>
        <DELETED>    (2) In August 2005, the States of New Mexico and 
        Arizona declared states of emergency in order to provide local 
        law enforcement immediate assistance in addressing criminal 
        activity along the Southwest border.</DELETED>
        <DELETED>    (3) A recent Government Accountability Office 
        report found that only 44 percent of the Southwest border was 
        under operational control, and less than two percent of the 
        Northern border is under operational control.</DELETED>
        <DELETED>    (4) It is the obligation of the Federal Government 
        to adequately secure the borders of the United States and 
        prevent the flow into the United States of undocumented 
        persons, unlawful drugs, and other contraband.</DELETED>
<DELETED>    (b) Strategy.--Not later than 180 days after the date of 
the enactment of this Act, the Secretary of Homeland Security shall 
submit to the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs Committee of the Senate a comprehensive strategy for gaining 
operational control of the international borders of the United States 
within five years. The strategy shall include an analysis of the 
following:</DELETED>
        <DELETED>    (1) Staffing requirements for all border security 
        functions.</DELETED>
        <DELETED>    (2) Investment in infrastructure, including 
        pedestrian fencing, vehicle barriers, and roads.</DELETED>
        <DELETED>    (3) The use of unmanned aerial vehicles, camera 
        technology, and sensors.</DELETED>
        <DELETED>    (4) Cooperation agreements with international, 
        State, local, tribal, and other Federal law enforcement 
        agencies that have jurisdiction on the border.</DELETED>
        <DELETED>    (5) Other means designed to detect, respond to, 
        and interdict cross-border unlawful activity and to reduce the 
        level of violence.</DELETED>
        <DELETED>    (6) A schedule for implementing security measures, 
        including a prioritization for future investments.</DELETED>
        <DELETED>    (7) Considerations of risks to border communities 
        and law enforcement.</DELETED>
<DELETED>    (c) Operational Control Defined.--In this Act, the term 
``operational control'' has the meaning given such term in section 2(b) 
of the Secure Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-
367).</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Secure Border Act of 2011''.

SEC. 2. STRATEGY TO ACHIEVE OPERATIONAL CONTROL OF THE BORDER.

    (a) Strategy to Secure the Border Between the Ports of Entry.--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, within 
five years, operational control of the international borders between 
the ports of entry of the United States. The strategy shall include an 
analysis of the following:
            (1) Staffing requirements for all border security 
        functions.
            (2) Investment in infrastructure, including pedestrian 
        fencing, vehicle barriers, and roads.
            (3) The use of unmanned aerial vehicles, camera technology, 
        sensors, and other innovative technology as the Secretary may 
        determine.
            (4) Cooperative agreements with international, State, 
        local, tribal, and other Federal law enforcement agencies that 
        have jurisdiction on the northern border and southern border.
            (5) Other means designed to detect, respond to, and 
        interdict unlawful cross-border activity and to reduce the 
        level of violence.
            (6) A schedule for implementing security measures, 
        including a prioritization for future investments.
            (7) A comprehensive technology plan for major surveillance 
        and detection technology programs, including a justification 
        and rationale for technology choices and deployment locations.
            (8) The recommendations made in the December 2010 
        Government Accountability Office report entitled ``Enhanced DHS 
        Oversight and Assessment of Interagency Coordination is Needed 
        for the Northern Border''.
    (b) Securing the Border at Ports of Entry.--Not later than 180 days 
after the date of the enactment of this Act, the Secretary of Homeland 
Security shall develop metrics to measure the effectiveness of security 
at ports of entry, which shall consider, at minimum, the following:
            (1) 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.
            (2) The estimated number of such infractions committed by 
        major violators who are not so apprehended.
            (3) The required number of U.S. Customs and Border 
        Protection Officers, Agricultural Specialists, and Canine 
        Enforcement Officers necessary to achieve operational control 
        at such ports of entry.
            (4) Infrastructure improvements required to achieve 
        operational control at such ports of entry, including the 
        installation of nonintrusive detection equipment, radiation 
        portal monitors, biometrics, and other sensors and technology 
        that the Secretary determines necessary.
            (5) The deployment of resources based on the overall 
        commercial and passenger traffic, cargo volume, and threat 
        environment at such ports of entry.
            (6) The recommendations made in the December 2010 
        Government Accountability Office report entitled ``Enhanced DHS 
        Oversight and Assessment of Interagency Coordination is Needed 
        for the Northern Border''.
    (c) Evaluation by Department of Energy National Laboratory.--The 
Secretary of Homeland Security shall request the head of an appropriate 
Department of Energy National Laboratory with prior expertise in border 
security to evaluate the measurement system required under subsection 
(b) to ensure its suitability and statistical validity for analyzing 
progress for the interdiction of illegal crossing and contraband at 
ports of entry.
    (d) Consideration of Alternative Border Security Standards.--If in 
developing the strategic plan required under subsection (a) the 
Secretary of Homeland Security makes a determination to measure 
security between border ports of entry by a standard other than 
operational control, the Secretary shall request the head of an 
appropriate Department of Energy National Laboratory with prior 
expertise in border security to evaluate such alternative standard to 
ensure the suitability and statistical validity of such standard with 
respect to measuring the progress for the interdiction of illegal 
crossings and contraband that pass between such ports of entry.
    (e) 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 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 data 
        available at all land, air, and sea ports of entry, including 
        the number of canine and agricultural officers assigned to each 
        such port of entry.
    (f) Definitions.--In this Act:
            (1) Appropriate congressional committee.--The term 
        ``appropriate congressional committee'' 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 is or 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, and other offenses serious enough to result 
        in arrest.
            (3) Operational control.--The term ``operational control'' 
        has the meaning given such term in section 2(b) of the Secure 
        Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367).
                                                 Union Calendar No. 184

112th CONGRESS

  1st Session

                               H. R. 1299

                          [Report No. 112-274]

_______________________________________________________________________

                                 A BILL

     To achieve operational control of and improve security at the 
    international land borders of the United States, and for other 
                               purposes.

_______________________________________________________________________

                           November 10, 2011

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