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 oper-
ational control of the international borders of the United 
States, and for other purposes. 
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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 ‘‘Border Security Results 
Act of 2013’’. 
SEC. 2. REPORTS ON CURRENT BORDER SECURITY STATUS. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, every 180 days thereafter 
until the Comptroller General of the United States reports 
on the results of the review described in section 3(k)(2)(B), 
and every 365 days after the date of such report, the Sec-
retary of Homeland Security shall submit to the appro-
priate congressional committees and the Government Ac-
countability Office a report that assesses and describes the 
state of situational awareness and operational control. Such 
reports shall include an identification of the high traffic 
areas and the illegal border crossing effectiveness rate for 
each sector along the northern and southern borders of the 
United States that are within the responsibility of the Bor-
der Patrol. 
(b) GAO REPORT.—Not later than 90 days after re-
ceiving the initial report required under subsection (a), the 
Comptroller General of the United States shall report to the 
appropriate 
congressional 
committees 
regarding 
the 
verification of the data and methodology used to determine 
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high traffic areas and the illegal border crossing effective-
ness rate. 
SEC. 3. STRATEGY TO ACHIEVE SITUATIONAL AWARENESS 
AND OPERATIONAL CONTROL OF THE BOR-
DER. 
(a) STRATEGY TO SECURE THE BORDER.—Not later 
than 180 days after the date of the enactment of this Act, 
the Secretary of Homeland Security shall submit to the ap-
propriate congressional committees a comprehensive strat-
egy for gaining and maintaining situational awareness, 
and operational control of high traffic areas, by the date 
that is not later than two years after the date of the submis-
sion of the implementation plan required under subsection 
(c), and operational control along the southwest border of 
the United States by the date that is not later than five 
years after such date of submission. 
(b) CONTENTS OF STRATEGY.—The strategy required 
under subsection (a) shall include, at a minimum, a consid-
eration of the following: 
(1) An assessment of principal border security 
threats, including threats relating to the smuggling 
and trafficking of humans, weapons, and illicit drugs. 
(2) Efforts to analyze and disseminate border se-
curity and border threat information between Depart-
ment of Homeland Security border security compo-
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nents and with other appropriate Federal depart-
ments and agencies with missions associated with the 
border. 
(3) Efforts to increase situational awareness, in 
accordance with privacy, civil liberties, and civil 
rights protections, including— 
(A) surveillance capabilities developed or 
utilized by the Department of Defense, including 
any technology determined to be excess by the 
Department of Defense; and 
(B) use of manned aircraft and unmanned 
aerial systems, including camera and sensor 
technology deployed on such assets. 
(4) Efforts to detect and prevent terrorists and 
instruments of terrorism from entering the United 
States. 
(5) Efforts to ensure that any new border secu-
rity technology can be operationally integrated with 
existing technologies in use by the Department of 
Homeland Security. 
(6) An assessment of existing efforts and tech-
nologies used for border security and the effect of the 
use of such efforts and technologies on civil rights, 
private property rights, privacy rights, and civil lib-
erties. 
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(7) Technology required to maintain, support, 
and enhance security and facilitate trade at ports of 
entry, including nonintrusive detection equipment, 
radiation detection equipment, biometric technology, 
surveillance systems, and other sensors and technology 
that the Secretary of Homeland Security determines 
necessary. 
(8) Operational coordination of Department of 
Homeland Security border security components. 
(9) Lessons learned from Operation Jumpstart 
and Operation Phalanx. 
(10) Cooperative agreements and information 
sharing with State, local, tribal, territorial, and other 
Federal law enforcement agencies that have jurisdic-
tion on the northern or southern borders, or in the 
maritime environment. 
(11) Border security information received from 
consultation with State, local, tribal, and Federal law 
enforcement agencies that have jurisdiction on the 
northern or southern border, or in the maritime envi-
ronment, and from border community stakeholders 
(including through public meetings with such stake-
holders), including representatives from border agri-
cultural and ranching organizations and representa-
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tives from business and civic organizations along the 
northern or southern border. 
(12) Agreements with foreign governments that 
support the border security efforts of the United 
States, including coordinated installation of stand-
ardized land border inspection technology, such as li-
cense plate readers and RFID readers. 
(13) Staffing requirements for all border security 
functions. 
(14) A prioritized list of research and develop-
ment objectives to enhance the security of the inter-
national land and maritime borders of the United 
States. 
(15) An assessment of training programs, in-
cluding training programs regarding— 
(A) identifying and detecting fraudulent 
documents; 
(B) protecting the civil, constitutional, 
human, and privacy rights of individuals; 
(C) understanding the scope of enforcement 
authorities and the use of force policies; 
(D) screening, identifying, and addressing 
vulnerable populations, such as children and vic-
tims of human trafficking; and 
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(E) social and cultural sensitivity toward 
border communities. 
(16) Local crime indices of municipalities and 
counties along the Southern border. 
(17) An assessment of how border security oper-
ations affect crossing times. 
(18) Metrics required under subsections (e), (f), 
and (g). 
(c) IMPLEMENTATION PLAN.— 
(1) IN GENERAL.—Not later than 90 days after 
the submission of the strategy required under sub-
section (a), the Secretary of Homeland Security shall 
submit to the appropriate congressional committees 
and the Government Accountability Office an imple-
mentation plan for each of the Department of Home-
land Security border security components to carry 
out such strategy. Such implementation plan shall, at 
a minimum— 
(A) specify what protections will be put in 
place to ensure that staffing and resources nec-
essary for the maintenance of operations at ports 
of entry are not diverted to the detriment of such 
operations in favor of operations between ports 
of entry; and 
(B) include— 
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(i) an integrated master schedule and 
cost estimate, including lifecycle costs, for 
the activities contained in such implementa-
tion plan; and 
(ii) a comprehensive border security 
technology plan to improve surveillance ca-
pabilities that includes— 
(I) a documented justification and 
rationale for technology choices; 
(II) deployment locations; 
(III) fixed versus mobile assets; 
(IV) a timetable for procurement 
and deployment; 
(V) estimates of operation and 
maintenance costs; 
(VI) an identification of any im-
pediments to the deployment of such 
technologies; and 
(VII) estimates of the relative cost 
effectiveness of various border security 
strategies and operations, including de-
ployment of personnel and technology, 
and construction of new physical and 
virtual barriers. 
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(2) GOVERNMENT ACCOUNTABILITY OFFICE RE-
VIEW.—Not later than 90 days after receiving the im-
plementation plan in accordance with paragraph (1), 
the Comptroller General of the United States shall 
submit to the appropriate congressional committees a 
report on such plan. 
(d) PERIODIC UPDATES.—Not later than 180 days 
after the submission of each Quadrennial Homeland Secu-
rity Review required under section 707 of the Homeland 
Security Act of 2002 (6 U.S.C. 347) beginning with the first 
such Review that is due after the implementation plan is 
submitted under subsection (c), the Secretary of Homeland 
Security shall submit to the appropriate congressional com-
mittees an updated— 
(1) strategy under subsection (a); and 
(2) implementation plan under subsection (c). 
(e) METRICS FOR SECURING THE BORDER BETWEEN 
PORTS OF ENTRY.—Not later than 120 days after the date 
of the enactment of this Act, the Secretary of Homeland Se-
curity shall implement metrics, informed by situational 
awareness, to measure the effectiveness of security between 
ports of entry, which shall include, at a minimum, the fol-
lowing: 
(1) An illegal border crossing effectiveness rate, 
informed by situational awareness. 
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(2) An illicit drugs seizure rate which measures 
the amount and type of illicit drugs seized by the 
Border Patrol in any fiscal year compared to an av-
erage of the amount and type of illicit drugs seized 
by the Border Patrol for the immediately preceding 
five fiscal years. 
(3) A cocaine seizure effectiveness rate measured 
as a percentage that results from dividing the amount 
of cocaine seized by the Border Patrol by the total 
documented cocaine flow rate as contained in Federal 
drug databases. 
(4) Estimates, using alternative methodologies, 
including recidivism data, survey data, known-flow 
data, and technologically-measured data, of total at-
tempted illegal border crossings, total deaths and in-
juries resulting from such attempted illegal border 
crossings, the rate of apprehension of attempted illegal 
border crossers, and the inflow into the United States 
of illegal border crossers who evade apprehension. 
(5) Estimates of the impact of the Border Pa-
trol’s Consequence Delivery System on the rate of re-
cidivism of illegal border crossers. 
(f) METRICS FOR SECURING THE BORDER AT PORTS 
OF ENTRY.— 
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(1) IN GENERAL.—Not later than 120 days after 
the date of the enactment of this Act, the Secretary of 
Homeland Security shall implement metrics, in-
formed by situational awareness, to measure the effec-
tiveness of security at ports of entry, which shall in-
clude, at a minimum, the following: 
(A) An inadmissible border crossing rate 
which measures the number of known inadmis-
sible border crossers who are apprehended, ex-
cluding those border crossers who voluntarily 
withdraw their applications for admission, 
against the total estimated number of inadmis-
sible border crossers U.S. Customs and Border 
Protection fails to apprehend. 
(B) An illicit drugs seizure rate which 
measures the amount and type of illicit drugs 
seized by U.S. Customs and Border Protection in 
any fiscal year compared to an average of the 
amount and type of illicit drugs seized by U.S. 
Customs and Border Protection for the imme-
diately preceding five fiscal years. 
(C) A cocaine seizure effectiveness rate 
measured as a percentage that results from di-
viding the amount of cocaine seized by U.S. Cus-
toms and Border Protection by the total docu-
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mented cocaine flow rate as contained in Federal 
drug databases. 
(D) Estimates, using alternative methodolo-
gies, including survey data and randomized sec-
ondary screening data, of total attempted inad-
missible border crossers, the rate of apprehension 
of attempted inadmissible border crossers, and 
the inflow into the United States of inadmissible 
border crossers who evade apprehension. 
(E) The number of infractions related to 
personnel and cargo committed by major viola-
tors who are apprehended by U.S. Customs and 
Border Protection at ports of entry, and the esti-
mated number of such infractions committed by 
major violators who are not so apprehended. 
(F) A measurement of how border security 
operations affect crossing times. 
(2) COVERT TESTING.—The Inspector General of 
the Department of Homeland Security shall carry out 
covert testing at ports of entry and submit to the Sec-
retary of Homeland Security and the appropriate 
congressional committees a report that contains the 
results of such testing. The Secretary shall use such 
results to inform activities under this subsection. 
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(g) METRICS FOR SECURING THE MARITIME BOR-
DER.—Not later than 120 days after the date of the enact-
ment of this Act, the Secretary of Homeland Security shall 
implement metrics, informed by situational awareness, to 
measure the effectiveness of security in the maritime envi-
ronment, which shall include, at a minimum, the following: 
(1) An estimate of the total number of undocu-
mented migrants the Department of Homeland Secu-
rity’s maritime security components fail to interdict. 
(2) An undocumented migrant interdiction rate 
which measures the number of undocumented mi-
grants interdicted against the total estimated number 
of undocumented migrants the Department of Home-
land Security’s maritime security components fail to 
interdict. 
(3) An illicit drugs removal rate which measures 
the amount and type of illicit drugs removed by the 
Department of Homeland Security’s maritime secu-
rity components inside a transit zone in any fiscal 
year compared to an average of the amount and type 
of illicit drugs removed by the Department of Home-
land Security’s maritime security components inside 
a transit zone for the immediately preceding five fis-
cal years. 
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(4) An illicit drugs removal rate which measures 
the amount of illicit drugs removed by the Depart-
ment of Homeland Security’s maritime security com-
ponents outside a transit zone in any fiscal year com-
pared to an average of the amount of illicit drugs re-
moved by the Department of Homeland Security’s 
maritime security components outside a transit zone 
for the immediately preceding five fiscal years. 
(5) A cocaine removal effectiveness rate inside a 
transit zone. 
(6) A cocaine removal effectiveness rate outside a 
transit zone. 
(7) A response rate which measures the Depart-
ment of Homeland Security’s ability to respond to 
and resolve known maritime threats, both inside and 
outside a transit zone, by placing assets on-scene, 
compared to the total number of events with respect 
to which the Department has known threat informa-
tion. 
(h) COLLABORATION.—The Secretary of Homeland Se-
curity shall collaborate with the head of a national labora-
tory within the Department of Homeland Security labora-
tory network with prior expertise in border security and 
the head of a border security university-based center within 
the Department of Homeland Security centers of excellence 
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network to develop the metrics required under subsections 
(e), (f), and (g) to ensure the suitability and statistical va-
lidity of each such metric. Such collaboration shall also in-
clude consultation by the Secretary with the Governors of 
every border State and representatives of the Border Patrol 
and U.S. Customs and Border Protection. 
(i) RECOMMENDATIONS RELATING TO CERTAIN OTHER 
METRICS.—In carrying out subsection (h), the head of the 
national laboratory and the head of a border security uni-
versity-based center referred to in such subsection shall 
make recommendations to the Secretary of Homeland Secu-
rity for other suitable metrics that may be used to measure 
the effectiveness of border security. 
(j) EVALUATION
BY
THE GOVERNMENT ACCOUNT-
ABILITY OFFICE.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security shall make available to the Government Ac-
countability Office the data and methodology used to 
develop the metrics implemented under subsections 
(e), (f), and (g). 
(2) REPORT.—Not later than 270 days after re-
ceiving the data and methodology referred to in para-
graph (1), the Comptroller General of the United 
States shall submit to the appropriate congressional 
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committees a report on the suitability and statistical 
validity of such data and methodology. 
(k) CERTIFICATIONS
AND REPORTS RELATING
TO 
OPERATIONAL CONTROL.— 
(1) BY THE SECRETARY OF HOMELAND SECU-
RITY.— 
(A) TWO YEARS.—If the Secretary of Home-
land Security determines that situational aware-
ness and operational control of high traffic areas 
have been achieved by the date that is not later 
than two years after the date of the submission 
of the implementation plan required under sub-
section (c), the Secretary shall submit to the ap-
propriate congressional committees and the 
Comptroller General of the United States a cer-
tification that so attests. 
(B) FIVE
YEARS.—If the Secretary of 
Homeland Security determines that operational 
control along the southwest border of the United 
States has been achieved by the date that is not 
later than five years after the date of the submis-
sion of the implementation plan required under 
subsection (c), the Secretary shall submit to the 
appropriate congressional committees and the 
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Comptroller General of the United States a cer-
tification that so attests. 
(C) ANNUAL UPDATES.—Every year begin-
ning with the year after the Secretary of Home-
land Security submits the certification under 
subparagraph (B), if the Secretary determines 
that operational control along the southwest bor-
der of the United States is being maintained, the 
Secretary shall submit to the appropriate con-
gressional committees and the Comptroller Gen-
eral of the United States a certification that so 
attests. 
(2) BY THE COMPTROLLER GENERAL.— 
(A) REVIEWS.—The Comptroller General of 
the United States shall review the certifications 
of the Secretary of Homeland Security under 
subparagraphs (A), (B), and (C) of paragraph 
(1) to assess the certifications of the Secretary re-
lating to the achievement of situational aware-
ness, operational control, or both, as the case 
may be, in accordance with such subparagraphs. 
(B) REPORTS.—Not later than 120 days 
after conducting the reviews described in sub-
paragraph (A), the Comptroller General of the 
United States shall submit to the appropriate 
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congressional committees a report on the results 
of each such review. 
(l) FAILURE TO ACHIEVE SITUATIONAL AWARENESS 
OR OPERATIONAL CONTROL.—If the Secretary of Homeland 
Security determines that situational awareness, operational 
control, or both, as the case may be, has not been achieved 
by the dates referred to in subparagraphs (A) and (B) of 
subsection (k)(1), as the case may be, or if the Secretary 
determines that operational control is not being annually 
maintained pursuant to subparagraph (C) of such sub-
section, the Secretary shall, not later than 60 days after 
such dates, submit to the appropriate congressional commit-
tees a report that describes why situational awareness or 
operational control, or both, as the case may be, was not 
achieved. Such report shall include, at a minimum, impedi-
ments incurred, potential remedies, and recommendations 
to achieve situational awareness, operational control, or 
both, as the case may be. 
(m) GOVERNMENT ACCOUNTABILITY OFFICE REPORT 
ON BORDER SECURITY DUPLICATION AND COST EFFEC-
TIVENESS.—Not later than one year after the date of the 
enactment of this Act, the Comptroller General of the United 
States shall submit to the appropriate congressional com-
mittees a report addressing areas of overlap in responsibil-
ities within the border security functions of the Department 
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of Homeland Security and the relative cost effectiveness of 
border security strategies, including deployment of addi-
tional personnel and technology, and construction of virtual 
and physical barriers. 
(n) 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 to the appro-
priate congressional committees 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 levels 
and workload to threats and vulnerabilities and their 
effects on cross border trade and passenger travel 
across all mission areas. 
(2) Detailed information on the level of man-
power available at all land, air, and sea ports of 
entry and between ports of entry, including the num-
ber of canine and agricultural specialists assigned to 
each such port of entry. 
(3) Detailed information that describes the dif-
ference between the staffing the model suggests and the 
actual staffing at each port of entry and between the 
ports of entry. 
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(4) Detailed information that examines both the 
security impacts and competitive impacts of entering 
into a reimbursement agreement with foreign govern-
ments for U.S. Customs and Border Protection 
preclearance facilities. 
(o) DEFINITIONS.—In this Act: 
(1) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional commit-
tees’’ means the Committee on Homeland Security of 
the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the 
Senate. 
(2) COCAINE REMOVAL EFFECTIVENESS RATE.— 
The term ‘‘cocaine removal effectiveness rate’’ means 
the percentage that results from dividing the amount 
of cocaine removed by the Department of Homeland 
Security’s maritime security components inside or 
outside a transit zone, as the case may be, by the total 
documented cocaine flow rate as contained in Federal 
drug databases. 
(3) 
CONSEQUENCE
DELIVERY
SYSTEM.—The 
term ‘‘Consequence Delivery System’’ means the series 
of consequences applied to persons illegally entering 
the United States by the Border Patrol to prevent ille-
gal border crossing recidivism. 
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(4) GOT AWAY.—The term ‘‘got away’’ means an 
illegal border crosser who, after making an illegal 
entry into the United States, is not turned back or 
apprehended. 
(5) HIGH TRAFFIC AREAS.—The term ‘‘high traf-
fic areas’’ means sectors along the northern and 
southern borders of the United States that are within 
the responsibility of the Border Patrol that have the 
most illicit cross-border activity, informed through 
situational awareness. 
(6) ILLEGAL BORDER CROSSING EFFECTIVENESS 
RATE.—The term ‘‘illegal border crossing effectiveness 
rate’’ means the percentage that results from dividing 
the number of apprehensions and turn backs by the 
number of apprehensions, turn backs, and got aways. 
The data used by the Secretary of Homeland Security 
to determine such rate shall be collected and reported 
in a consistent and standardized manner across all 
Border Patrol sectors. 
(7) MAJOR VIOLATOR.—The term ‘‘major viola-
tor’’ means a person or entity that has engaged in se-
rious criminal activities at any land, air, or sea port 
of entry, including possession of illicit drugs, smug-
gling of prohibited products, human smuggling, weap-
ons possession, use of fraudulent United States docu-
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ments, or other offenses serious enough to result in ar-
rest. 
(8) OPERATIONAL CONTROL.—The term ‘‘oper-
ational control’’ means a condition in which there is 
a not lower than 90 percent illegal border crossing ef-
fectiveness rate, informed by situational awareness, 
and a significant reduction in the movement of illicit 
drugs and other contraband through such areas is 
being achieved. 
(9) SITUATIONAL AWARENESS.—The term ‘‘situa-
tional awareness’’ means knowledge and an under-
standing of current illicit cross-border activity, in-
cluding cross-border threats and trends concerning il-
licit trafficking and unlawful crossings along the 
international borders of the United States and in the 
maritime environment, and the ability to forecast fu-
ture shifts in such threats and trends. 
(10) TRANSIT ZONE.—The term ‘‘transit zone’’ 
means the sea corridors of the western Atlantic Ocean, 
the Gulf of Mexico, the Caribbean Sea, and the east-
ern Pacific Ocean through which undocumented mi-
grants and illicit drugs transit, either directly or in-
directly, to the United States. 
(11) TURN BACK.—The term ‘‘turn back’’ means 
an illegal border crosser who, after making an illegal 
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entry into the United States, returns to the country 
from which such crosser entered. 
SEC. 4. US-VISIT IMPLEMENTATION. 
Not later than 180 days after the date of the enactment 
of this Act, the Secretary of Homeland Security shall sub-
mit to the appropriate congressional committees a plan to 
implement immediately a biometric exit capability at ports 
of entry under the US-VISIT program, in accordance with 
the Enhanced Security and Visa Entry Reform Act of 2002 
(Public Law 107–173). If the Secretary determines that de-
velopment of such a system is not feasible, the Secretary 
shall, not later than 180 days after the date of the enact-
ment of this Act, submit to the appropriate congressional 
committees a plan to implement, not later than two years 
after such date of enactment, an alternative program to pro-
vide the same level of security. 
SEC. 5. PROHIBITION ON LAND BORDER CROSSING FEE 
STUDY. 
The Secretary of Homeland Security may not conduct 
any study relating to the imposition of a border crossing 
fee for pedestrians or passenger vehicles at land ports of 
entry along the southern border or the northern border of 
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 
develop a comprehensive strategy to gain and 
maintain operational control of the international 
borders of the United States, and for other pur-
poses. 
MAY 20, 2013 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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