SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Secure Border Act of 
2012’’. 
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 con-
gressional committees a comprehensive strategy for gain-
ing, within five years, operational control of the inter-
national borders between the ports of entry of the United 
States. The strategy shall include an analysis of the fol-
lowing: 
(1) Staffing requirements for all border security 
functions. 
(2) Investment in infrastructure, including pe-
destrian fencing, vehicle barriers, and roads. 
(3) The use of unmanned aerial vehicles, cam-
era technology, sensors, and other innovative tech-
nology as the Secretary may determine. 
(4) Cooperative agreements with international, 
State, local, tribal, and other Federal law enforce-
ment 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 meas-
ures, including a prioritization for future invest-
ments. 
(7) A comprehensive technology plan for major 
surveillance and detection technology programs, in-
cluding a justification and rationale for technology 
choices and deployment locations. 
(8) The recommendations made in the Decem-
ber 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 de-
velop metrics to measure the effectiveness of security at 
ports of entry, which shall consider, at minimum, the fol-
lowing: 
(1) The number of infractions related to per-
sonnel and cargo committed by major violators who 
are apprehended by U.S. Customs and Border Pro-
tection at such ports of entry.
(2) The estimated number of such infractions 
committed by major violators who are not so appre-
hended. 
(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 vol-
ume, and threat environment at such ports of entry. 
(6) The recommendations made in the Decem-
ber 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 NA-
TIONAL LABORATORY.—The Secretary of Homeland Secu-
rity shall request the head of an appropriate Department 
of Energy National Laboratory with prior expertise in bor-
der security to evaluate the measurement system required 
under subsection (b) to ensure its suitability and statis-
tical validity for analyzing progress for the interdiction of 
illegal crossing and contraband at ports of entry. 
(d) CONSIDERATION OF ALTERNATIVE BORDER SE-
CURITY STANDARDS.—If in developing the strategic plan 
required under subsection (a) the Secretary of Homeland 
Security makes a determination to measure security be-
tween border ports of entry by a standard other than oper-
ational control, the Secretary shall request the head of an 
appropriate Department of Energy National Laboratory 
with prior expertise in border security to evaluate such al-
ternative standard to ensure the suitability and statistical 
validity of such standard with respect to measuring the 
progress for the interdiction of illegal crossings and con-
traband 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 appro-
priate congressional committee a report on the following: 
(1) A resource allocation model for current and 
future year staffing requirements that includes opti-
mal staffing levels at all land, air, and sea ports of 
entry and an explanation of U.S. Customs and Bor-
der Protection methodology for aligning staffing lev-
els and workload to threats and vulnerabilities 
across all mission areas. 
(2) Detailed information on the level of man-
power data available at all land, air, and sea ports 
of entry, including the number of canine and agri-
cultural officers assigned to each such port of entry. 
(f) DEFINITIONS.—In this Act: 
(1) 
APPROPRIATE
CONGRESSIONAL
COM-
MITTEE.—The term ‘‘appropriate congressional com-
mittee’’ 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 viola-
tor’’ 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 re-
sult in arrest. 
(3) OPERATIONAL CONTROL.—The term ‘‘oper-
ational 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). 
Passed the House of Representatives May 30, 2012. 
Attest: 
Clerk.
112TH CONGRESS 
2D SESSION 
H. R. 1299 
AN ACT 
To achieve operational control of and improve secu-
rity at the international land borders of the 
United States, and for other purposes.