IB 

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] 


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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. 


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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 Results 

5 Act of 2013’’. 

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

7 (a) IN GENERAL.—Not later than 90 days after the 

8 date of the enactment of this Act, every 180 days thereafter 

9 until the Comptroller General of the United States reports 

10 on the results of the review described in section 3(k)(2)(B), 

11 and every 365 days after the date of such report, the Sec12 retary of Homeland Security shall submit to the appro13 priate congressional committees and the Government Ac14 countability Office a report that assesses and describes the 

15 state of situational awareness and operational control. Such 

16 reports shall include an identification of the high traffic 

17 areas and the illegal border crossing effectiveness rate for 

18 each sector along the northern and southern borders of the 

19 United States that are within the responsibility of the Bor20 der Patrol. 

21 (b) GAO REPORT.—Not later than 90 days after re22 ceiving the initial report required under subsection (a), the 

23 Comptroller General of the United States shall report to the 

24 appropriate congressional committees regarding the 

25 verification of the data and methodology used to determine 


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1 high traffic areas and the illegal border crossing effective2 ness rate. 

3 SEC. 3. STRATEGY TO ACHIEVE SITUATIONAL AWARENESS 

4 AND OPERATIONAL CONTROL OF THE BOR5 DER. 

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

7 than 180 days after the date of the enactment of this Act, 

8 the Secretary of Homeland Security shall submit to the ap9 propriate congressional committees a comprehensive strat10 egy for gaining and maintaining situational awareness, 

11 and operational control of high traffic areas, by the date 

12 that is not later than two years after the date of the submis13 sion of the implementation plan required under subsection 

14 (c), and operational control along the southwest border of 

15 the United States by the date that is not later than five 

16 years after such date of submission. 

17 (b) CONTENTS OF STRATEGY.—The strategy required 

18 under subsection (a) shall include, at a minimum, a consid19 eration of the following: 

20 (1) An assessment of principal border security 

21 threats, including threats relating to the smuggling 

22 and trafficking of humans, weapons, and illicit drugs. 

23 (2) Efforts to analyze and disseminate border se24 curity and border threat information between Depart25 ment of Homeland Security border security compoVerDate Mar 15 2010 00:21 May 21, 2013 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H1417.RH H1417

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1 nents and with other appropriate Federal depart2 ments and agencies with missions associated with the 

3 border. 

4 (3) Efforts to increase situational awareness, in 

5 accordance with privacy, civil liberties, and civil 

6 rights protections, including— 

7 (A) surveillance capabilities developed or 

8 utilized by the Department of Defense, including 

9 any technology determined to be excess by the 

10 Department of Defense; and 

11 (B) use of manned aircraft and unmanned 

12 aerial systems, including camera and sensor 

13 technology deployed on such assets. 

14 (4) Efforts to detect and prevent terrorists and 

15 instruments of terrorism from entering the United 

16 States. 

17 (5) Efforts to ensure that any new border secu18 rity technology can be operationally integrated with 

19 existing technologies in use by the Department of 

20 Homeland Security. 

21 (6) An assessment of existing efforts and tech22 nologies used for border security and the effect of the 

23 use of such efforts and technologies on civil rights, 

24 private property rights, privacy rights, and civil lib25 erties. 


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1 (7) Technology required to maintain, support, 

2 and enhance security and facilitate trade at ports of 

3 entry, including nonintrusive detection equipment, 

4 radiation detection equipment, biometric technology, 

5 surveillance systems, and other sensors and technology 

6 that the Secretary of Homeland Security determines 

7 necessary. 

8 (8) Operational coordination of Department of 

9 Homeland Security border security components. 

10 (9) Lessons learned from Operation Jumpstart 

11 and Operation Phalanx. 

12 (10) Cooperative agreements and information 

13 sharing with State, local, tribal, territorial, and other 

14 Federal law enforcement agencies that have jurisdic15 tion on the northern or southern borders, or in the 

16 maritime environment. 

17 (11) Border security information received from 

18 consultation with State, local, tribal, and Federal law 

19 enforcement agencies that have jurisdiction on the 

20 northern or southern border, or in the maritime envi21 ronment, and from border community stakeholders 

22 (including through public meetings with such stake23 holders), including representatives from border agri24 cultural and ranching organizations and representaVerDate Mar 15 2010 00:21 May 21, 2013 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H1417.RH H1417

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1 tives from business and civic organizations along the 

2 northern or southern border. 

3 (12) Agreements with foreign governments that 

4 support the border security efforts of the United 

5 States, including coordinated installation of stand6 ardized land border inspection technology, such as li7 cense plate readers and RFID readers. 

8 (13) Staffing requirements for all border security 

9 functions. 

10 (14) A prioritized list of research and develop11 ment objectives to enhance the security of the inter12 national land and maritime borders of the United 

13 States. 

14 (15) An assessment of training programs, in15 cluding training programs regarding— 

16 (A) identifying and detecting fraudulent 

17 documents; 

18 (B) protecting the civil, constitutional, 

19 human, and privacy rights of individuals; 

20 (C) understanding the scope of enforcement 

21 authorities and the use of force policies; 

22 (D) screening, identifying, and addressing 

23 vulnerable populations, such as children and vic24 tims of human trafficking; and 


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1 (E) social and cultural sensitivity toward 

2 border communities. 

3 (16) Local crime indices of municipalities and 

4 counties along the Southern border. 

5 (17) An assessment of how border security oper6 ations affect crossing times. 

7 (18) Metrics required under subsections (e), (f), 

8 and (g). 

9 (c) IMPLEMENTATION PLAN.— 

10 (1) IN GENERAL.—Not later than 90 days after 

11 the submission of the strategy required under sub12 section (a), the Secretary of Homeland Security shall 

13 submit to the appropriate congressional committees 

14 and the Government Accountability Office an imple15 mentation plan for each of the Department of Home16 land Security border security components to carry 

17 out such strategy. Such implementation plan shall, at 

18 a minimum— 

19 (A) specify what protections will be put in 

20 place to ensure that staffing and resources nec21 essary for the maintenance of operations at ports 

22 of entry are not diverted to the detriment of such 

23 operations in favor of operations between ports 

24 of entry; and 

25 (B) include— 


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1 (i) an integrated master schedule and 

2 cost estimate, including lifecycle costs, for 

3 the activities contained in such implementa4 tion plan; and 

5 (ii) a comprehensive border security 

6 technology plan to improve surveillance ca7 pabilities that includes— 

8 (I) a documented justification and 

9 rationale for technology choices; 

10 (II) deployment locations; 

11 (III) fixed versus mobile assets; 

12 (IV) a timetable for procurement 

13 and deployment; 

14 (V) estimates of operation and 

15 maintenance costs; 

16 (VI) an identification of any im17 pediments to the deployment of such 

18 technologies; and 

19 (VII) estimates of the relative cost 

20 effectiveness of various border security 

21 strategies and operations, including de22 ployment of personnel and technology, 

23 and construction of new physical and 

24 virtual barriers. 


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1 (2) GOVERNMENT ACCOUNTABILITY OFFICE RE2 VIEW.—Not later than 90 days after receiving the im3 plementation plan in accordance with paragraph (1), 

4 the Comptroller General of the United States shall 

5 submit to the appropriate congressional committees a 

6 report on such plan. 

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

8 after the submission of each Quadrennial Homeland Secu9 rity Review required under section 707 of the Homeland 

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

11 such Review that is due after the implementation plan is 

12 submitted under subsection (c), the Secretary of Homeland 

13 Security shall submit to the appropriate congressional com14 mittees an updated— 

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

16 (2) implementation plan under subsection (c). 

17 (e) METRICS FOR SECURING THE BORDER BETWEEN

18 PORTS OF ENTRY.—Not later than 120 days after the date 

19 of the enactment of this Act, the Secretary of Homeland Se20 curity shall implement metrics, informed by situational 

21 awareness, to measure the effectiveness of security between 

22 ports of entry, which shall include, at a minimum, the fol23 lowing: 

24 (1) An illegal border crossing effectiveness rate, 

25 informed by situational awareness. 


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1 (2) An illicit drugs seizure rate which measures 

2 the amount and type of illicit drugs seized by the 

3 Border Patrol in any fiscal year compared to an av4 erage of the amount and type of illicit drugs seized 

5 by the Border Patrol for the immediately preceding 

6 five fiscal years. 

7 (3) A cocaine seizure effectiveness rate measured 

8 as a percentage that results from dividing the amount 

9 of cocaine seized by the Border Patrol by the total 

10 documented cocaine flow rate as contained in Federal 

11 drug databases. 

12 (4) Estimates, using alternative methodologies, 

13 including recidivism data, survey data, known-flow 

14 data, and technologically-measured data, of total at15 tempted illegal border crossings, total deaths and in16 juries resulting from such attempted illegal border 

17 crossings, the rate of apprehension of attempted illegal 

18 border crossers, and the inflow into the United States 

19 of illegal border crossers who evade apprehension. 

20 (5) Estimates of the impact of the Border Pa21 trol’s Consequence Delivery System on the rate of re22 cidivism of illegal border crossers. 

23 (f) METRICS FOR SECURING THE BORDER AT PORTS

24 OF ENTRY.— 


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1 (1) IN GENERAL.—Not later than 120 days after 

2 the date of the enactment of this Act, the Secretary of 

3 Homeland Security shall implement metrics, in4 formed by situational awareness, to measure the effec5 tiveness of security at ports of entry, which shall in6 clude, at a minimum, the following: 

7 (A) An inadmissible border crossing rate 

8 which measures the number of known inadmis9 sible border crossers who are apprehended, ex10 cluding those border crossers who voluntarily 

11 withdraw their applications for admission, 

12 against the total estimated number of inadmis13 sible border crossers U.S. Customs and Border 

14 Protection fails to apprehend. 

15 (B) An illicit drugs seizure rate which 

16 measures the amount and type of illicit drugs 

17 seized by U.S. Customs and Border Protection in 

18 any fiscal year compared to an average of the 

19 amount and type of illicit drugs seized by U.S. 

20 Customs and Border Protection for the imme21 diately preceding five fiscal years. 

22 (C) A cocaine seizure effectiveness rate 

23 measured as a percentage that results from di24 viding the amount of cocaine seized by U.S. Cus25 toms and Border Protection by the total docuVerDate Mar 15 2010 00:21 May 21, 2013 Jkt 029200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\H1417.RH H1417

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1 mented cocaine flow rate as contained in Federal 

2 drug databases. 

3 (D) Estimates, using alternative methodolo4 gies, including survey data and randomized sec5 ondary screening data, of total attempted inad6 missible border crossers, the rate of apprehension 

7 of attempted inadmissible border crossers, and 

8 the inflow into the United States of inadmissible 

9 border crossers who evade apprehension. 

10 (E) The number of infractions related to 

11 personnel and cargo committed by major viola12 tors who are apprehended by U.S. Customs and 

13 Border Protection at ports of entry, and the esti14 mated number of such infractions committed by 

15 major violators who are not so apprehended. 

16 (F) A measurement of how border security 

17 operations affect crossing times. 

18 (2) COVERT TESTING.—The Inspector General of 

19 the Department of Homeland Security shall carry out 

20 covert testing at ports of entry and submit to the Sec21 retary of Homeland Security and the appropriate 

22 congressional committees a report that contains the 

23 results of such testing. The Secretary shall use such 

24 results to inform activities under this subsection. 


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1 (g) METRICS FOR SECURING THE MARITIME BOR2 DER.—Not later than 120 days after the date of the enact3 ment of this Act, the Secretary of Homeland Security shall 

4 implement metrics, informed by situational awareness, to 

5 measure the effectiveness of security in the maritime envi6 ronment, which shall include, at a minimum, the following: 

7 (1) An estimate of the total number of undocu8 mented migrants the Department of Homeland Secu9 rity’s maritime security components fail to interdict. 

10 (2) An undocumented migrant interdiction rate 

11 which measures the number of undocumented mi12 grants interdicted against the total estimated number 

13 of undocumented migrants the Department of Home14 land Security’s maritime security components fail to 

15 interdict. 

16 (3) An illicit drugs removal rate which measures 

17 the amount and type of illicit drugs removed by the 

18 Department of Homeland Security’s maritime secu19 rity components inside a transit zone in any fiscal 

20 year compared to an average of the amount and type 

21 of illicit drugs removed by the Department of Home22 land Security’s maritime security components inside 

23 a transit zone for the immediately preceding five fis24 cal years. 


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1 (4) An illicit drugs removal rate which measures 

2 the amount of illicit drugs removed by the Depart3 ment of Homeland Security’s maritime security com4 ponents outside a transit zone in any fiscal year com5 pared to an average of the amount of illicit drugs re6 moved by the Department of Homeland Security’s 

7 maritime security components outside a transit zone 

8 for the immediately preceding five fiscal years. 

9 (5) A cocaine removal effectiveness rate inside a 

10 transit zone. 

11 (6) A cocaine removal effectiveness rate outside a 

12 transit zone. 

13 (7) A response rate which measures the Depart14 ment of Homeland Security’s ability to respond to 

15 and resolve known maritime threats, both inside and 

16 outside a transit zone, by placing assets on-scene, 

17 compared to the total number of events with respect 

18 to which the Department has known threat informa19 tion. 

20 (h) COLLABORATION.—The Secretary of Homeland Se21 curity shall collaborate with the head of a national labora22 tory within the Department of Homeland Security labora23 tory network with prior expertise in border security and 

24 the head of a border security university-based center within 

25 the Department of Homeland Security centers of excellence 


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1 network to develop the metrics required under subsections 

2 (e), (f), and (g) to ensure the suitability and statistical va3 lidity of each such metric. Such collaboration shall also in4 clude consultation by the Secretary with the Governors of 

5 every border State and representatives of the Border Patrol 

6 and U.S. Customs and Border Protection. 

7 (i) RECOMMENDATIONS RELATING TO CERTAIN OTHER

8 METRICS.—In carrying out subsection (h), the head of the 

9 national laboratory and the head of a border security uni10 versity-based center referred to in such subsection shall 

11 make recommendations to the Secretary of Homeland Secu12 rity for other suitable metrics that may be used to measure 

13 the effectiveness of border security. 

14 (j) EVALUATION BY THE GOVERNMENT ACCOUNT15 ABILITY OFFICE.— 

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

17 Security shall make available to the Government Ac18 countability Office the data and methodology used to 

19 develop the metrics implemented under subsections 

20 (e), (f), and (g). 

21 (2) REPORT.—Not later than 270 days after re22 ceiving the data and methodology referred to in para23 graph (1), the Comptroller General of the United 

24 States shall submit to the appropriate congressional 


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1 committees a report on the suitability and statistical 

2 validity of such data and methodology. 

3 (k) CERTIFICATIONS AND REPORTS RELATING TO

4 OPERATIONAL CONTROL.— 

5 (1) BY THE SECRETARY OF HOMELAND SECU6 RITY.— 

7 (A) TWO YEARS.—If the Secretary of Home8 land Security determines that situational aware9 ness and operational control of high traffic areas 

10 have been achieved by the date that is not later 

11 than two years after the date of the submission 

12 of the implementation plan required under sub13 section (c), the Secretary shall submit to the ap14 propriate congressional committees and the 

15 Comptroller General of the United States a cer16 tification that so attests. 

17 (B) FIVE YEARS.—If the Secretary of 

18 Homeland Security determines that operational 

19 control along the southwest border of the United 

20 States has been achieved by the date that is not 

21 later than five years after the date of the submis22 sion of the implementation plan required under 

23 subsection (c), the Secretary shall submit to the 

24 appropriate congressional committees and the 


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1 Comptroller General of the United States a cer2 tification that so attests. 

3 (C) ANNUAL UPDATES.—Every year begin4 ning with the year after the Secretary of Home5 land Security submits the certification under 

6 subparagraph (B), if the Secretary determines 

7 that operational control along the southwest bor8 der of the United States is being maintained, the 

9 Secretary shall submit to the appropriate con10 gressional committees and the Comptroller Gen11 eral of the United States a certification that so 

12 attests. 

13 (2) BY THE COMPTROLLER GENERAL.— 

14 (A) REVIEWS.—The Comptroller General of 

15 the United States shall review the certifications 

16 of the Secretary of Homeland Security under 

17 subparagraphs (A), (B), and (C) of paragraph 

18 (1) to assess the certifications of the Secretary re19 lating to the achievement of situational aware20 ness, operational control, or both, as the case 

21 may be, in accordance with such subparagraphs. 

22 (B) REPORTS.—Not later than 120 days 

23 after conducting the reviews described in sub24 paragraph (A), the Comptroller General of the 

25 United States shall submit to the appropriate 


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1 congressional committees a report on the results 

2 of each such review. 

3 (l) FAILURE TO ACHIEVE SITUATIONAL AWARENESS

4 OR OPERATIONAL CONTROL.—If the Secretary of Homeland 

5 Security determines that situational awareness, operational 

6 control, or both, as the case may be, has not been achieved 

7 by the dates referred to in subparagraphs (A) and (B) of 

8 subsection (k)(1), as the case may be, or if the Secretary 

9 determines that operational control is not being annually 

10 maintained pursuant to subparagraph (C) of such sub11 section, the Secretary shall, not later than 60 days after 

12 such dates, submit to the appropriate congressional commit13 tees a report that describes why situational awareness or 

14 operational control, or both, as the case may be, was not 

15 achieved. Such report shall include, at a minimum, impedi16 ments incurred, potential remedies, and recommendations 

17 to achieve situational awareness, operational control, or 

18 both, as the case may be. 

19 (m) GOVERNMENT ACCOUNTABILITY OFFICE REPORT

20 ON BORDER SECURITY DUPLICATION AND COST EFFEC21 TIVENESS.—Not later than one year after the date of the 

22 enactment of this Act, the Comptroller General of the United 

23 States shall submit to the appropriate congressional com24 mittees a report addressing areas of overlap in responsibil25 ities within the border security functions of the Department 


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1 of Homeland Security and the relative cost effectiveness of 

2 border security strategies, including deployment of addi3 tional personnel and technology, and construction of virtual 

4 and physical barriers. 

5 (n) REPORTS.—Not later than 60 days after the date 

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

7 Secretary of Homeland Security shall submit to the appro8 priate congressional committees a report on the following: 

9 (1) A resource allocation model for current and 

10 future year staffing requirements that includes opti11 mal staffing levels at all land, air, and sea ports of 

12 entry, and an explanation of U.S. Customs and Bor13 der Protection methodology for aligning staffing levels 

14 and workload to threats and vulnerabilities and their 

15 effects on cross border trade and passenger travel 

16 across all mission areas. 

17 (2) Detailed information on the level of man18 power available at all land, air, and sea ports of 

19 entry and between ports of entry, including the num20 ber of canine and agricultural specialists assigned to 

21 each such port of entry. 

22 (3) Detailed information that describes the dif23 ference between the staffing the model suggests and the 

24 actual staffing at each port of entry and between the 

25 ports of entry. 


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1 (4) Detailed information that examines both the 

2 security impacts and competitive impacts of entering 

3 into a reimbursement agreement with foreign govern4 ments for U.S. Customs and Border Protection 

5 preclearance facilities. 

6 (o) DEFINITIONS.—In this Act: 

7 (1) APPROPRIATE CONGRESSIONAL COMMIT8 TEES.—The term ‘‘appropriate congressional commit9 tees’’ means the Committee on Homeland Security of 

10 the House of Representatives and the Committee on 

11 Homeland Security and Governmental Affairs of the 

12 Senate. 

13 (2) COCAINE REMOVAL EFFECTIVENESS RATE.— 

14 The term ‘‘cocaine removal effectiveness rate’’ means 

15 the percentage that results from dividing the amount 

16 of cocaine removed by the Department of Homeland 

17 Security’s maritime security components inside or 

18 outside a transit zone, as the case may be, by the total 

19 documented cocaine flow rate as contained in Federal 

20 drug databases. 

21 (3) CONSEQUENCE DELIVERY SYSTEM.—The 

22 term ‘‘Consequence Delivery System’’ means the series 

23 of consequences applied to persons illegally entering 

24 the United States by the Border Patrol to prevent ille25 gal border crossing recidivism. 


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1 (4) GOT AWAY.—The term ‘‘got away’’ means an 

2 illegal border crosser who, after making an illegal 

3 entry into the United States, is not turned back or 

4 apprehended. 

5 (5) HIGH TRAFFIC AREAS.—The term ‘‘high traf6 fic areas’’ means sectors along the northern and 

7 southern borders of the United States that are within 

8 the responsibility of the Border Patrol that have the 

9 most illicit cross-border activity, informed through 

10 situational awareness. 

11 (6) ILLEGAL BORDER CROSSING EFFECTIVENESS

12 RATE.—The term ‘‘illegal border crossing effectiveness 

13 rate’’ means the percentage that results from dividing 

14 the number of apprehensions and turn backs by the 

15 number of apprehensions, turn backs, and got aways. 

16 The data used by the Secretary of Homeland Security 

17 to determine such rate shall be collected and reported 

18 in a consistent and standardized manner across all 

19 Border Patrol sectors. 

20 (7) MAJOR VIOLATOR.—The term ‘‘major viola21 tor’’ means a person or entity that has engaged in se22 rious criminal activities at any land, air, or sea port 

23 of entry, including possession of illicit drugs, smug24 gling of prohibited products, human smuggling, weap25 ons possession, use of fraudulent United States docuVerDate Mar 15 2010 00:21 May 21, 2013 Jkt 029200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6203 E:\BILLS\H1417.RH H1417

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1 ments, or other offenses serious enough to result in ar2 rest. 

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

5 a not lower than 90 percent illegal border crossing ef6 fectiveness rate, informed by situational awareness, 

7 and a significant reduction in the movement of illicit 

8 drugs and other contraband through such areas is 

9 being achieved. 

10 (9) SITUATIONAL AWARENESS.—The term ‘‘situa11 tional awareness’’ means knowledge and an under12 standing of current illicit cross-border activity, in13 cluding cross-border threats and trends concerning il14 licit trafficking and unlawful crossings along the 

15 international borders of the United States and in the 

16 maritime environment, and the ability to forecast fu17 ture shifts in such threats and trends. 

18 (10) TRANSIT ZONE.—The term ‘‘transit zone’’ 

19 means the sea corridors of the western Atlantic Ocean, 

20 the Gulf of Mexico, the Caribbean Sea, and the east21 ern Pacific Ocean through which undocumented mi22 grants and illicit drugs transit, either directly or in23 directly, to the United States. 

24 (11) TURN BACK.—The term ‘‘turn back’’ means 

25 an illegal border crosser who, after making an illegal 


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1 entry into the United States, returns to the country 

2 from which such crosser entered. 

3 SEC. 4. US-VISIT IMPLEMENTATION. 

4 Not later than 180 days after the date of the enactment 

5 of this Act, the Secretary of Homeland Security shall sub6 mit to the appropriate congressional committees a plan to 

7 implement immediately a biometric exit capability at ports 

8 of entry under the US-VISIT program, in accordance with 

9 the Enhanced Security and Visa Entry Reform Act of 2002 

10 (Public Law 107–173). If the Secretary determines that de11 velopment of such a system is not feasible, the Secretary 

12 shall, not later than 180 days after the date of the enact13 ment of this Act, submit to the appropriate congressional 

14 committees a plan to implement, not later than two years 

15 after such date of enactment, an alternative program to pro16 vide the same level of security. 

17 SEC. 5. PROHIBITION ON LAND BORDER CROSSING FEE 

18 STUDY. 

19 The Secretary of Homeland Security may not conduct 

20 any study relating to the imposition of a border crossing 

21 fee for pedestrians or passenger vehicles at land ports of 

22 entry along the southern border or the northern border of 

23 the United States. 


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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 

poses. borders of the United States, and for other purmaintain operational control of the international develop a comprehensive strategy to gain and 

MAY 20, 2013 

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


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