(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 
such efforts and technologies on civil rights, private 
property rights, privacy rights, and civil liberties. 
(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 tech-
nology that the Secretary of Homeland Security de-
termines to be necessary. 
(8) Operational coordination of the border secu-
rity components of the Department of Homeland Se-
curity. 
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(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 
jurisdiction on the northern or southern borders, or 
in the maritime environment. 
(11) Border security information received from 
consultation with— 
(A) State, local, tribal, and Federal law en-
forcement agencies that have jurisdiction on the 
northern or southern border, or in the maritime 
environment; and 
(B) border community stakeholders (in-
cluding through public meetings with such 
stakeholders), including representatives from 
border agricultural and ranching organizations 
and representatives from business and civic or-
ganizations along the northern or southern bor-
der. 
(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. 
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(13) Staffing requirements for all border secu-
rity 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 enforce-
ment authorities and the use of force policies; 
(D) screening, identifying, and addressing 
vulnerable populations, such as children and 
victims of human trafficking; and 
(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 op-
erations affect crossing times. 
(18) Resources and other measures that are 
necessary to achieve a 50-percent reduction in the 
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average wait times of commercial and passenger ve-
hicles at international land ports of entry along the 
southern border and the northern border. 
(19) 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 com-
mittees and to the Government Accountability Of-
fice, an implementation plan for each of the border 
security components of the Department of Home-
land Security to carry out such strategy. 
(2) CONTENTS OF PLAN.—The implementation 
plan required under paragraph (1) shall— 
(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 be-
tween ports of entry; and 
(B) include— 
(i) an integrated master schedule and 
cost estimate, including lifecycle costs, for 
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the activities contained in such implemen-
tation 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 se-
curity strategies and operations, in-
cluding— 
(aa) the deployment of per-
sonnel and technology; and 
(bb) the construction of new 
physical and virtual barriers. 
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(3) GOVERNMENT ACCOUNTABILITY OFFICE RE-
VIEW.—Not later than 90 days after receiving the 
implementation plan in accordance with paragraph 
(1), the Comptroller General of the United States 
shall submit an assessment of such plan to the ap-
propriate 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 con-
gressional committees, 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 Home-
land Security shall implement metrics, informed by situa-
tional awareness, to measure the effectiveness of security 
between ports of entry, including— 
(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 
5 fiscal years; 
(3) a cocaine seizure effectiveness rate, which 
shall be measured by calculating the percentage of 
the total documented cocaine flow rate (as contained 
in Federal drug databases) that is seized by the 
Border Patrol; 
(4) estimates, using alternative methodologies, 
including recidivism data, survey data, known-flow 
data, and technologically measured data, of— 
(A) total attempted illegal border cross-
ings; 
(B) total deaths and injuries resulting 
from such attempted illegal border crossings; 
(C) the rate of apprehension of attempted 
illegal border crossers; and 
(D) the inflow into the United States of il-
legal border crossers who evade apprehension; 
and 
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(5) estimates of the impact of the Border Pa-
trol’s Consequence Delivery System on the rate of 
recidivism of illegal border crossers. 
(f) METRICS FOR SECURING THE BORDER AT PORTS 
OF ENTRY.— 
(1) IN
GENERAL.—Not later than 120 days 
after the date of the enactment of this Act, the Sec-
retary of Homeland Security shall implement 
metrics, informed by situational awareness, to meas-
ure the effectiveness of security at ports of entry, 
which shall include— 
(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 
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U.S. Customs and Border Protection for the 
immediately preceding 5 fiscal years; 
(C) a cocaine seizure effectiveness rate, 
which shall be measured by calculating the per-
centage of the total documented cocaine flow 
rate (as contained in Federal drug databases) 
that is seized by U.S. Customs and Border Pro-
tection; 
(D) estimates, using alternative methodolo-
gies, including survey data and randomized sec-
ondary screening data, of— 
(i) total attempted inadmissible border 
crossers; 
(ii) the rate of apprehension of at-
tempted inadmissible border crossers; and 
(iii) 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 es-
timated number of such infractions committed 
by major violators who are not so apprehended; 
and 
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(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 Secretary of Homeland Security and the appro-
priate congressional committees a report that con-
tains the results of such testing. The Secretary shall 
use such results to inform activities under this sub-
section. 
(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— 
(1) an estimate of the total number of undocu-
mented migrants the Department of Homeland Se-
curity’s maritime security components fail to inter-
dict; 
(2) an undocumented migrant interdiction rate, 
which measures the number of undocumented mi-
grants interdicted against the total estimated num-
ber of undocumented migrants the Department of 
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Homeland Security’s maritime security components 
fail to interdict; 
(3) an illicit drugs removal rate, which meas-
ures the amount and type of illicit drugs removed by 
the maritime security components of the Department 
of Homeland Security inside a transit zone in any 
fiscal year compared to an average of the amount 
and type of illicit drugs removed by such compo-
nents inside a transit zone for the immediately pre-
ceding 5 fiscal years; 
(4) an illicit drugs removal rate, which meas-
ures the amount of illicit drugs removed by the mar-
itime security components of the Department of 
Homeland Security outside a transit zone in any fis-
cal year compared to an average of the amount of 
illicit drugs removed by such components outside a 
transit zone for the immediately preceding 5 fiscal 
years; 
(5) a cocaine removal effectiveness rate inside a 
transit zone; 
(6) a cocaine removal effectiveness rate outside 
a transit zone; and 
(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 
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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 AND CONSULTATION.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security shall collaborate with the head of a national 
laboratory within the Department of Homeland Se-
curity laboratory network with expertise in border 
security and the head of a border security univer-
sity-based center within the Department of Home-
land Security centers of excellence network to de-
velop, and ensure the suitability and statistical valid-
ity of, the metrics required under subsections (e), 
(f), and (g). 
(2) RECOMMENDATIONS RELATING TO CERTAIN 
OTHER METRICS.—In carrying out paragraph (1), 
the head of the national laboratory and the head of 
a border security university-based center shall make 
recommendations to the Secretary of Homeland Se-
curity for other suitable metrics that may be used to 
measure the effectiveness of border security. 
(3) CONSULTATION.—In addition to the col-
laboration described in paragraph (1), the Secretary 
shall also consult with the Governors of every border 
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State and the representatives of the Border Patrol 
and U.S. Customs and Border Protection regarding 
the development of the metrics required under sub-
sections (e), (f), and (g). 
(i) EVALUATION BY THE GOVERNMENT ACCOUNT-
ABILITY OFFICE.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security shall provide the Government Account-
ability Office with 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 
paragraph (1), the Comptroller General of the 
United States shall submit a report to the appro-
priate congressional committees on the suitability 
and statistical validity of such data and method-
ology. 
(j) CERTIFICATIONS
AND REPORTS RELATING
TO 
OPERATIONAL CONTROL.— 
(1) BY THE SECRETARY OF HOMELAND SECU-
RITY.— 
(A) TWO
YEARS.—If the Secretary of 
Homeland Security determines that situational 
awareness and operational control of high traf-
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fic areas have been achieved not later than 2 
years after the date of the submission of the 
implementation plan required under subsection 
(c), the Secretary shall submit an attestation of 
such achievement to the appropriate congres-
sional committees and the Comptroller General 
of the United States. 
(B) FIVE
YEARS.—If the Secretary of 
Homeland Security determines that operational 
control along the southwest border of the 
United States has been achieved not later than 
5 years after the date of the submission of the 
implementation plan required under subsection 
(c), the Secretary shall submit an attestation of 
such achievement to the appropriate congres-
sional committees and the Comptroller General 
of the United States. 
(C) ANNUAL UPDATES.—Every year begin-
ning with the year after the Secretary of Home-
land Security submits the attestation under 
subparagraph (B), if the Secretary determines 
that operational control along the southwest 
border of the United States is being main-
tained, the Secretary shall submit an attesta-
tion of such maintenance to the appropriate 
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congressional committees and the Comptroller 
General of the United States. 
(2) BY THE COMPTROLLER GENERAL.— 
(A) REVIEWS.—The Comptroller General 
of the United States shall review and assess the 
attestations of the Secretary of Homeland Secu-
rity under subparagraphs (A), (B), and (C) of 
paragraph (1). 
(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 a report on the re-
sults of each such review to the appropriate 
congressional committees. 
(k) FAILURE TO ACHIEVE SITUATIONAL AWARENESS 
OR OPERATIONAL CONTROL.—If the Secretary of Home-
land Security determines that situational awareness, oper-
ational control, or both, as the case may be, has not been 
achieved by the dates referred to in subparagraphs (A) 
and (B) of subsection (j)(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 subsection, the Secretary shall, not later than 60 
days after such dates, submit a report to the appropriate 
congressional committees that— 
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(1) describes why situational awareness or oper-
ational control, or both, as the case may be, was not 
achieved; and 
(2) includes a description of impediments in-
curred, potential remedies, and recommendations to 
achieve situational awareness, operational control, or 
both, as the case may be. 
(l) GOVERNMENT ACCOUNTABILITY OFFICE REPORT 
ON BORDER SECURITY DUPLICATION AND COST EFFEC-
TIVENESS.—Not later than 1 year after the date of the 
enactment of this Act, the Comptroller General of the 
United States shall submit a report to the appropriate 
congressional committees that addresses— 
(1) areas of overlap in responsibilities within 
the border security functions of the Department of 
Homeland Security; and 
(2) the relative cost effectiveness of border se-
curity strategies, including deployment of additional 
personnel and technology, and construction of virtual 
and physical barriers. 
(m) 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 a report to 
the appropriate congressional committees that contains— 
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(1) a resource allocation model for current and 
future year staffing requirements that includes— 
(A) optimal staffing levels at all land, air, 
and sea ports of entry; and 
(B) an explanation of U.S. Customs and 
Border 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; and 
(4) detailed information that examines the secu-
rity impacts and competitive impacts of entering into 
a reimbursement agreement with foreign govern-
ments for U.S. Customs and Border Protection 
preclearance facilities. 
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SEC. 204. PROHIBITION ON LAND BORDER CROSSING FEE 
STUDY. 
The Secretary of Homeland Security may not con-
duct any study relating to the imposition of a border cross-
ing fee for pedestrians or passenger vehicles at land ports 
of entry along the southern border or the northern border 
of the United States. 
SEC. 205. BORDER SECURITY RESOURCES. 
(a) EQUIPMENT
AND
TECHNOLOGY
ENHANCE-
MENTS.—Consistent with the Southern Border Security 
Strategy required under section 203, the Secretary of 
Homeland Security, in consultation with the Commis-
sioner of U.S. Customs and Border Protection, shall up-
grade existing technological assets and equipment, and 
procure and deploy additional technological assets and 
equipment on the southern border. 
(b) PHYSICAL AND TACTICAL INFRASTRUCTURE IM-
PROVEMENTS.— 
(1) CONSTRUCTION, UPGRADE, AND
ACQUISI-
TION OF BORDER CONTROL FACILITIES.—Consistent 
with the Southern Border Security Strategy required 
under section 203, the Secretary, shall upgrade ex-
isting physical and tactical infrastructure of the De-
partment of Homeland Security, and construct and 
acquire additional physical and tactical infrastruc-
ture on the southern border, including the following: 
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(A) U.S. Border Patrol stations. 
(B) U.S. Border Patrol checkpoints. 
(C) Forward operating bases. 
(D) Monitoring stations. 
(E) Mobile command centers. 
(F) Land border port of entry improve-
ments. 
(G) Other necessary facilities, structures, 
and properties. 
(c) CUSTOMS
AND
BORDER
PROTECTION
PER-
SONNEL ENHANCEMENTS.— 
(1) ADDITIONAL
OFFICERS.—Consistent with 
the Southern Border Security Strategy required 
under section 203, the Secretary is authorized to in-
crease the number of trained active-duty U.S. Cus-
toms and Border Protection officers deployed on the 
southern border, including— 
(A) officers serving in the Office of the 
Border Patrol; 
(B) officers serving in the Office of Air 
and Marine; and 
(C) officers serving in the Office of Field 
Operations, including officers stationed at land 
border ports of entry. 
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(2) EXPEDITED
TRAINING
AND
DEPLOYMENT 
AUTHORITY.—When exercising authority under this 
section, the Secretary is authorized— 
(A) to conduct enhanced recruiting oper-
ations for U.S. Customs and Border Protection 
personnel; 
(B) to conduct additional training acad-
emies for U.S. Customs and Border Protection 
personnel; and 
(C) to promulgate regulations allowing for 
the expedited training of U.S. Customs and 
Border Protection personnel. 
(d) NATIONAL GUARD SUPPORT FOR OPERATIONS.— 
(1) IN GENERAL.—Amounts authorized to be 
appropriated under this section may be expended, 
with the approval of the Secretary of Defense and 
the Secretary of Homeland Security, for the Gov-
ernor of a State to order any units or personnel of 
the National Guard of such State to perform oper-
ations and missions under section 502(f) of title 32, 
United States Code, on the southern border. 
(2) ASSIGNMENT
OF
OPERATIONS
AND
MIS-
SIONS.— 
(A) IN GENERAL.—National Guard units 
and personnel deployed under paragraph (1) 
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may be assigned such operations, including mis-
sions specified in paragraph (3), as may be nec-
essary to provide assistance for operations on 
the southern border. 
(B) NATURE OF DUTY.—The duty of Na-
tional Guard personnel performing operations 
and missions described in subparagraph (A) 
shall be full-time duty under title 32, United 
States Code. 
(3) RANGE OF OPERATIONS AND MISSIONS.— 
The operations and missions assigned under para-
graph (2) shall include the temporary authority— 
(A) to provide assistance for law enforce-
ment, including the interdiction of human traf-
ficking, illicit drugs, and contraband crossing 
the border; 
(B) to assist in the provision of humani-
tarian relief; 
(C) to increase ground-based mobile sur-
veillance systems; 
(D) to deploy additional unmanned aerial 
systems and manned aircraft sufficient to main-
tain continuous surveillance of the southern 
border; 
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(E) to deploy and provide capability for 
radio communications interoperability between 
U.S. Customs and Border Protection and State, 
local, and tribal law enforcement agencies; 
(F) to construct checkpoints along the 
southern border to bridge the gap to long-term 
permanent checkpoints; 
(G) to provide assistance to U.S. Customs 
and Border Protection, particularly in rural, 
high-trafficked areas, as designated by the 
Commissioner of U.S. Customs and Border 
Protection; 
(H) to enhance law enforcement rotary 
wing operations supporting quick reaction 
forces, medical air evacuations, and incident 
awareness and assessment operations; and 
(I) to provide equipment and training to 
law enforcement agencies. 
(4) MATERIEL
AND
LOGISTICAL
SUPPORT.— 
The Secretary of Defense shall deploy such materiel 
and equipment and logistical support as may be nec-
essary to ensure success of the operations and mis-
sions conducted by the National Guard under this 
subsection. 
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(5) EXCLUSION FROM NATIONAL GUARD PER-
SONNEL STRENGTH LIMITATIONS.—National Guard 
personnel deployed under paragraph (1) shall not be 
included in— 
(A) the calculation to determine compli-
ance with limits on end strength for National 
Guard personnel; or 
(B) limits on the number of National 
Guard personnel that may be placed on active 
duty for operational support under section 115 
of title 10, United States Code. 
(6) FUNDING.—There are authorized to be ap-
propriated for fiscal years 2014 and 2015 such sums 
as may be necessary to carry out this subsection. 
(e) STATE AND LOCAL ASSISTANCE.— 
(1) IN
GENERAL.—The Federal Emergency 
Management Agency shall enhance law enforcement 
preparedness, humanitarian responses, and oper-
ational readiness along the southern border through 
Operation Stonegarden. 
(2) GRANTS AND REIMBURSEMENTS.— 
(A) IN GENERAL.—For purposes of para-
graph (1), amounts made available under this 
section shall be allocated for grants and reim-
bursements to State and local governments in 
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Border Patrol Sectors on the southern border 
for personnel, overtime, travel, costs related to 
combating illegal immigration and drug smug-
gling, and costs related to providing humani-
tarian relief to unaccompanied alien children 
who have entered the United States. 
(B) FUNDING FOR STATE AND LOCAL GOV-
ERNMENTS.—Allocations for grants and reim-
bursements to State and local governments 
under this paragraph shall be made by the Fed-
eral Emergency Management Agency through a 
competitive process. 
(3) FUNDING.—There are authorized to be ap-
propriated for fiscal years 2014 and 2015 such sums 
as may be necessary to carry out this subsection. 
Æ 
VerDate Mar 15 2010 
04:02 Jul 17, 2014
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