I 
112TH CONGRESS 
2D SESSION 
H. R. 6025 
To provide for annual reports on the status of operational control of the 
international land and maritime borders of the United States and unlaw-
ful entries, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 26, 2012 
Mrs. MILLER of Michigan (for herself and Mr. FLAKE) introduced the fol-
lowing bill; which was referred to the Committee on Homeland Security, 
and in addition to the Committee on the Judiciary, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
of such provisions as fall within the jurisdiction of the committee con-
cerned 
A BILL 
To provide for annual reports on the status of operational 
control of the international land and maritime borders 
of the United States and unlawful entries, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Mandatory Operational 
Control Reporting and Performance Measures Act of 
2012’’. 
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SEC. 2. ANNUAL REPORTS ON OPERATIONAL CONTROL OF 
INTERNATIONAL LAND AND MARITIME BOR-
DERS. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall submit to the Committee on Homeland Security 
of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Sen-
ate, as part of the Department of Homeland Security’s 
Annual Performance Report, an annual report on the 
number of miles of the international land and maritime 
border between the United States and Canada and the 
United States and Mexico that are under operational con-
trol of the Department, cumulatively and by sector. 
(b) TERMINOLOGY AND METHODOLOGY.—Except as 
provided in subsection (c), for purposes of consistent 
usage of terminology and methodology in the annual re-
ports required under subsection (a), the Secretary of 
Homeland Security shall use the methodology used to 
measure such operational control in accordance with the 
Department’s Annual Performance Reports for each of fis-
cal years 2008 through 2010. 
(c) ALTERNATE
TERMINOLOGY
AND
METHOD-
OLOGY.—The Secretary of Homeland Security shall use 
the terminology and methodology described in subsection 
(b) until such time as an alternate terminology and meth-
odology is— 
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(1) required by an Act of Congress; or 
(2) certified as suitable and statistically valid 
by a Department of Energy National Laboratory 
with prior expertise in border security. 
SEC. 3. ANNUAL REPORTS ON UNLAWFUL ENTRIES. 
(a) BORDER
SECURITY
PERFORMANCE
MEAS-
URES.—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 of the Senate, as part of the 
Department of Homeland Security’s Annual Performance 
Report, an annual report on the estimated number of indi-
viduals who unlawfully enter the United States on an an-
nual basis, the estimated number of individuals unlawfully 
present in the United States as of the date of each such 
report, and the number of individuals unlawfully present 
in the United States who voluntarily exited the United 
States in the preceding year. 
(b) METHODOLOGY.—In formulating the estimates 
and numbers required in the reports under subsection (a), 
the Secretary of Homeland Security shall use all available 
sources of data to determine the following: 
(1) The estimated number of unlawful entries 
between ports of entry along the international land 
and maritime borders of the United States. 
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(2) The estimated number of unlawful entries 
at ports of entry along the international land and 
maritime borders of the United States. 
(3) An estimate of the rate of apprehensions at 
and between ports of entry along the international 
land and maritime borders of the United States. 
(4) The estimated number of visa overstays. 
(5) The estimated number of voluntary depar-
tures. 
(6) The number of deportations. 
(7) The number of individuals unlawfully 
present in the United States who have had their sta-
tus adjusted and are now lawfully present in the 
United States. 
(c) INDEPENDENT EVALUATION.—The Secretary of 
Homeland Security shall make available to the Govern-
ment Accountability Office the data and methodology used 
to compile the statistics used in subsection (b) to ensure 
the suitability and statistical validity of such data and 
methodology. 
Æ 
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