II 113th CONGRESS 1st Session S. 683 IN THE SENATE OF THE UNITED STATES April 9, 2013 Mr. Cornyn introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 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.

1. Short title This Act may be cited as the Border Security Results Act of 2013 . 2. Reports on current border security status Not later than 60 days after the date of the enactment of this Act and every 180 days thereafter, the Secretary of Homeland Security shall submit to the appropriate congressional committees a report that assesses and describes, as of such date, the state of operational control of the international borders of the United States. 3. Strategy To achieve operational control of the border (a) Strategy To secure the border Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the appropriate congressional committees a comprehensive strategy for gaining and maintaining operational control of all sectors of the international borders of the United States by the date that is not later than two years after the date of the submission of the implementation plan required under subsection (b). The strategy shall include, at a minimum, a consideration of the following: (1) An assessment of principal border security threats. (2) Efforts to analyze and disseminate border security and border threat information between Department of Homeland Security border security components. (3) Efforts to increase situational awareness. (4) A comprehensive border security technology plan for detection technology capabilities, including a documented justification and rationale for technology choices, deployment locations, fixed versus mobile assets, and a timetable for procurement and deployment. (5) Surveillance capabilities developed or utilized by the Department of Defense, including any technology determined to be excess by the Department of Defense. (6) Use of manned aircraft and unmanned aerial systems, including the camera and sensor technology deployed on such assets. (7) Technology required to enhance security at ports of entry, including the installation of nonintrusive detection equipment, radiation portal monitors, biometric technology, and other sensors and technology that the Secretary determines necessary. (8) Operational coordination of Department of Homeland Security border security components. (9) Cooperative agreements with State, local, tribal, and other Federal law enforcement agencies that have jurisdiction on the northern border, southern border, and in the maritime environment. (10) Agreements with foreign governments that support the border security efforts of the United States. (11) Staffing requirements for all border security functions. (12) Resources and other measures necessary to achieve a 50-percent reduction in the average wait times of commercial and passenger vehicles at international land ports of entry along the international borders of the United States. (13) Metrics required under subsections (e), (f), and (g). (b) Implementation plan Not later than 60 days after the submission of the strategy under subsection (a), the Secretary of Homeland Security shall submit to the appropriate congressional committees an implementation plan for each of the Department of Homeland Security border security components to carry out such strategy. (c) Situational awareness Not later than two years after the date of the enactment of this Act, the Secretary of Homeland Security shall achieve situational awareness of the international borders of the United States. (d) Periodic updates Not later than 180 days after the submission of each Quadrennial Homeland Security 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 (b), the Secretary of Homeland Security shall submit to the appropriate congressional committees an updated— (1) strategy under subsection (a); and (2) implementation plan under subsection (b). (e) Metrics for securing the border between ports of entry Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall implement metrics to measure the effectiveness of security between ports of entry, which shall include, at a minimum, the following: (1) An effectiveness rate which measures the number of illegal border crossers who are turned back, and the amount of narcotics seized, against the total estimated number of illegal border crossers and amount of narcotics the Department of Homeland Security’s border security components fail to apprehend or seize, as the case may be. (2) Estimates, using alternate methodologies, including recidivism and survey data, of total attempted illegal border crossings, the rate of apprehension of attempted illegal border crossings, and the inflow into the United States of illegal border crossers who evade apprehension. (3) Estimates of the impacts of the Border Patrol’s Consequence Delivery System on the rate of recidivism of illegal border crossers. (4) An understanding of the current level of situational awareness. (5) Amount of narcotics seized between ports of entry. (f) Metrics for securing the border at ports of entry Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall implement metrics to measure the effectiveness of security at ports of entry, which shall include, at a minimum, the following: (1) An effectiveness rate which measures the number of illegal border crossers who are turned back, and the amount of narcotics seized, against the total estimated number of illegal border crossers and amount of narcotics the Department of Homeland Security’s border security components fail to apprehend or seize, as the case may be. (2) The number of infractions related to personnel and cargo committed by major violators who are apprehended by U.S. Customs and Border Protection at such ports of entry. (3) The estimated number of such infractions committed by major violators who are not so apprehended. (4) Estimates, using alternate methodologies, including recidivism and survey data, of total attempted illegal border crossings, the rate of apprehension of attempted illegal border crossings, and the inflow into the United States of illegal border crossers who evade apprehension. (g) Metrics for securing the maritime border Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall implement metrics to measure the effectiveness of security in the maritime environment, which shall include, at a minimum, the following: (1) An effectiveness rate which measures the number of migrants apprehended, the number of migrants turned back, and the amount of narcotics seized, against the total estimated numbers of migrants and amount of narcotics the Department of Homeland Security’s maritime security components fail to apprehend or seize, as the case may be. (2) An understanding of the current level of situational awareness. (3) A response rate which measures the Department’s ability to respond to known maritime threats by placing assets on-scene, compared to the total number of events with respect to which the Department has known threat information. (4) Partnerships with international, State, local, tribal, and other Federal law enforcement agencies. (h) Independent assessment by a National Laboratory within the Department of Homeland Security Laboratory Network The Secretary of Homeland Security shall request the head of a national laboratory within the Department of Homeland Security laboratory network with prior expertise in border security to— (1) provide an independent assessment of the metrics implemented in accordance with subsections (e), (f), and (g) to ensure each such metric’s suitability and statistical validity; and (2) make recommendations for other suitable metrics that may be used to measure the effectiveness of border security. (i) Evaluation by the Government Accountability Office (1) In general The Secretary of Homeland Security shall make available to the Government Accountability Office the data and methodology used to develop the metrics implemented under subsections (e), (f), and (g) and the independent assessment described under subsection (h). (2) Report Not later than 270 days after receiving the data and methodology described in paragraph (1), the Comptroller General of the United States shall submit to the appropriate congressional committees a report on the suitability and statistical validity of such data and methodology. (j) Certifications relating to operational control (1) By the secretary of homeland security If the Secretary of Homeland Security determines that operational control of the international borders of the United States has been achieved, the Secretary shall submit to the appropriate congressional committees and the Comptroller General of the United States a certification that so attests. (2) By the comptroller general (A) Review The Comptroller General of the United States shall review the certification of the Secretary of Homeland Security under paragraph (1) to verify if such certification is accurate. (B) Verification and submission If the Comptroller General of the United States verifies the accuracy of the certification of the Secretary of Homeland Security under paragraph (1), the Comptroller General shall, not later than 120 days after such verification, submit to the appropriate congressional committees a certification that so attests. (k) GAO report on border security duplication 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 committees a report addressing areas of overlap in responsibilities within the border security functions of the Department of Homeland Security. (l) 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 appropriate congressional committee a report on the following: (1) A resource allocation model for current and future year staffing requirements that includes optimal staffing levels at all land, air, and sea ports of entry, and an explanation of U.S. Customs and Border Protection methodology for aligning staffing levels and workload to threats and vulnerabilities across all mission areas. (2) Detailed information on the level of manpower available at all land, air, and sea ports of entry and between ports of entry, including the number of canine and agricultural officers assigned to each such port of entry. (3) Detailed information that describes the difference between the staffing the model suggests and the actual staffing at each port of entry and between the ports of entry. (m) Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees 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 violator means a person or entity that 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, or other offenses serious enough to result in arrest. (3) Operational control The term operational control means a condition in which there is a 90 percent probability that illegal border crossers are apprehended and narcotics and other contraband are seized. (4) Situational awareness The term situational awareness means knowledge and an understanding of current illicit cross-border activity, including cross-border threats and trends concerning illicit trafficking and unlawful crossings along the international borders of the United States and in the maritime environment, and the ability to predict future shifts in such threats and trends.