,,ib  ,union ,calendar ,no4 #fb  #aacth 
,,congress  #ast ,session  ,h4 ,r4 #adag
  ,report ,no4 #aac-hg  ,,in ,,the      
,,house ,,of ,,representatives  ,april  
#i1 #bjac ,mr4 ,mc,caul 7for himself1   
,mrs4 ,miller of ,michigan1 ,ms4        
,jackson ,lee1 and ,mr4 ,thompson of    
,mississippi7 introduced the following  
bill2 which was referred to the         
,committee on ,homeland ,security  ,may 
#bj1 #bjac ,additional sponsors3 ,mr4   
,cuellar1 ,mr4 ,poe of ,texas1 ,mr4     
,king of ,new ,york1 ,mr4 ,duncan of    
,south ,carolina1 ,mr4 ,olson1 ,mr4     
,meehan1 ,mr4 ,hudson1 ,mr4 ,stewart1   
,mr4 ,franks of ,arizona1 ,mr4 ,barber1 
,mrs4 ,brooks of ,indiana1 ,mr4         
,farenthold1 ,mr4 ,kinzinger of         
,illinois1 ,mr4 ,brady of ,texas1 ,mr4  
,messer1 ,mr4 ,long1 and ,mr4           
,bentivolio  ,may #bj1 #bjac ,reported  
with an amendment1 committed to the     
,committee of the ,whole ,house on the  
,state of the ,union1 and ordered to be 
printed ,strike out all after the       

enacting clause and insert the part     
printed in italic ,for text of          
introduced bill1 see copy of bill as    
introduced on ,april #i1 #bjac  ,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    
,states1 and for other purposes4  #a4   
,short title ,this ,act may be cited as 
the ,border ,security ,results ,act of  
#bjac4  #b4 ,reports on current border  
security status  7a7 ,in general ,not   
later than #ij days after the date of   
the enactment of this ,act1 every #ahj  
days thereafter until the ,comptroller  
,general of the ,united ,states reports 
on the results of the review described  
in section #c7k77#b77;,b71 and every    
#cfe days after the date of such report1
 the ,secretary of ,homeland ,security  
shall submit to the appropriate         
congressional committees and the        
,government ,accountability ,office a   

report that assesses and describes the  
state of situational awareness and      
operational control4 ,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 ,border
 ,patrol4  7b7 ,,gao report ,not later  
than #ij days after receiving the       
initial report required under subsection
 7a71 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 high  
traffic areas and the illegal border    
crossing effectiveness rate4  #c4       
,strategy to achieve situational        
awareness and operational control of the
 border  7a7 ,strategy to secure the    
border ,not later than #ahj days after  
the date of the enactment of this ,act1 
the ,secretary of ,homeland ,security   

shall submit to the appropriate         
congressional committees a comprehensive
 strategy for gaining and maintaining   
situational awareness1 and operational  
control of high traffic areas1 by the   
date that is not later than two years   
after the date of the submission of the 
implementation plan required under      
subsection 7c71 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
 submission4  7b7 ,contents of strategy 
,the strategy required under subsection 
7a7 shall include1 at a minimum1 a      
consideration of the following3  7#a7   
,an assessment of principal border      
security threats1 including threats     
relating to the smuggling and           
trafficking of humans1 weapons1 and     
illicit drugs4  7#b7 ,efforts to analyze
 and disseminate border security and    
border threat information between       
,department of ,homeland ,security      
border security components and with     

other appropriate ,federal departments  
and agencies with missions associated   
with the border4  7#c7 ,efforts to      
increase situational awareness1 in      
accordance with privacy1 civil          
liberties1 and civil rights protections1
 including--  7,a7 surveillance         
capabilities developed or utilized by   
the ,department of ,defense1 including  
any technology determined to be excess  
by the ,department of ,defense2 and     
7,b7 use of manned aircraft and unmanned
 aerial systems1 including camera and   
sensor technology deployed on such      
assets4  7#d7 ,efforts to detect and    
prevent terrorists and instruments of   
terrorism from entering the ,united     
,states4  7#e7 ,efforts to ensure that  
any new border security technology can  
be operationally integrated with        
existing technologies in use by the     
,department of ,homeland ,security4     
7#f7 ,an assessment of existing efforts 
and technologies used for border        
security and the effect of the use of   

such efforts and technologies on civil  
rights1 private property rights1 privacy
 rights1 and civil liberties4  7#g7     
,technology required to maintain1       
support1 and enhance security and       
facilitate trade at ports of entry1     
including nonintrusive detection        
equipment1 radiation detection          
equipment1 biometric technology1        
surveillance systems1 and other sensors 
and technology that the ,secretary of   
,homeland ,security determines          
necessary4  7#h7 ,operational           
coordination of ,department of ,homeland
 ,security border security components4  
7#i7 ,lessons learned from ,operation   
,jumpstart and ,operation ,phalanx4     
7#aj7 ,cooperative agreements and       
information sharing with ,state1 local1 
tribal1 territorial1 and other ,federal 
law enforcement agencies that have      
jurisdiction on the northern or southern
 borders1 or in the maritime            
environment4  7#aa7 ,border security    
information received from consultation  

with ,state1 local1 tribal1 and ,federal
 law enforcement agencies that have     
jurisdiction on the northern or southern
 border1 or in the maritime environment1
 and from border community stakeholders 
7including through public meetings with 
such stakeholders71 including           
representatives from border agricultural
 and ranching organizations and         
representatives from business and civic 
organizations along the northern or     
southern border4  7#ab7 ,agreements with
 foreign governments that support the   
border security efforts of the ,united  
,states1 including coordinated          
installation of standardized land border
 inspection technology1 such as license 
plate readers and ,,rfid readers4  7#ac7
 ,staffing requirements for all border  
security functions4  7#ad7 ,a           
prioritized list of research and        
development objectives to enhance the   
security of the international land and  
maritime borders of the ,united ,states4
  7#ae7 ,an assessment of training      

programs1 including training programs   
regarding--  7,a7 identifying and       
detecting fraudulent documents2  7,b7   
protecting the civil1 constitutional1   
human1 and privacy rights of            
individuals2  7,c7 understanding the    
scope of enforcement authorities and the
 use of force policies2  7,d7 screening1
 identifying1 and addressing vulnerable 
populations1 such as children and       
victims of human trafficking2 and  7,e7 
social and cultural sensitivity toward  
border communities4  7#af7 ,local crime 
indices of municipalities and counties  
along the ,southern border4  7#ag7 ,an  
assessment of how border security       
operations affect crossing times4  7#ah7
 ,metrics required under subsections    
7e71 7f71 and 7g74  7c7 ,implementation 
plan  7#a7 ,in general ,not later than  
#ij days after the submission of the    
strategy required under subsection 7a71 
the ,secretary of ,homeland ,security   
shall submit to the appropriate         
congressional committees and the        

,government ,accountability ,office an  
implementation plan for each of the     
,department of ,homeland ,security      
border security components to carry out 
such strategy4 ,such implementation plan
 shall1 at a minimum--  7,a7 specify    
what protections will be put in place to
 ensure that staffing and resources     
necessary 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 entry2 and  7,b7       
include--  7i7 an integrated master     
schedule and cost estimate1 including   
lifecycle costs1 for the activities     
contained in such implementation plan2  
and  7ii7 a comprehensive border        
security technology plan to improve     
surveillance capabilities that          
includes--  7,i7 a documented           
justification and rationale for         
technology choices2  7,,ii7 deployment  
locations2  7,,iii7 fixed versus mobile 
assets2  7,,iv7 a timetable for         

procurement and deployment2  7,v7       
estimates of operation and maintenance  
costs2  7,,vi7 an identification of any 
impediments to the deployment of such   
technologies2 and  7,,vii7 estimates of 
the relative cost effectiveness of      
various border security strategies and  
operations1 including deployment of     
personnel and technology1 and           
construction of new physical and virtual
 barriers4  7#b7 ,government            
,accountability ,office review ,not     
later than #ij days after receiving the 
implementation plan in accordance with  
paragraph 7#a71 the ,comptroller        
,general of the ,united ,states shall   
submit to the appropriate congressional 
committees a report on such plan4  7d7  
,periodic updates ,not later than #ahj  
days after the submission of each       
,quadrennial ,homeland ,security ,review
 required under section #gjg of the     
,homeland ,security ,act of #bjjb 7#f   
,u4,s4,c4 #cdg7 beginning with the first
 such ,review that is due after the     

implementation plan is submitted under  
subsection 7c71 the ,secretary of       
,homeland ,security shall submit to the 
appropriate congressional committees an 
updated--  7#a7 strategy under          
subsection 7a72 and  7#b7 implementation
 plan under subsection 7c74  7e7        
,metrics for securing the border between
 ports of entry ,not later than #abj    
days after the date of the enactment of 
this ,act1 the ,secretary of ,homeland  
,security shall implement metrics1      
informed by situational awareness1 to   
measure the effectiveness of security   
between ports of entry1 which shall     
include1 at a minimum1 the following3   
7#a7 ,an illegal border crossing        
effectiveness rate1 informed by         
situational awareness4  7#b7 ,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 average of the      
amount and type of illicit drugs seized 
by the ,border ,patrol for the          

immediately preceding five fiscal years4
  7#c7 ,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 databases4
  7#d7 ,estimates1 using alternative    
methodologies1 including recidivism     
data1 survey data1 known-flow data1 and 
technologically-measured data1 of total 
attempted illegal border crossings1     
total deaths and injuries resulting from
 such attempted illegal border          
crossings1 the rate of apprehension of  
attempted illegal border crossers1 and  
the inflow into the ,united ,states of  
illegal border crossers who evade       
apprehension4  7#e7 ,estimates of the   
impact of the ,border ,patrol's         
,consequence ,delivery ,system on the   
rate of recidivism of illegal border    
crossers4  7f7 ,metrics for securing the
 border at ports of entry  7#a7 ,in     
general ,not later than #abj days after 

the date of the enactment of this ,act1 
the ,secretary of ,homeland ,security   
shall implement metrics1 informed by    
situational awareness1 to measure the   
effectiveness of security at ports of   
entry1 which shall include1 at a        
minimum1 the following3  7,a7 ,an       
inadmissible border crossing rate which 
measures the number of known            
inadmissible border crossers who are    
apprehended1 excluding those border     
crossers who voluntarily withdraw their 
applications for admission1 against the 
total estimated number of inadmissible  
border crossers ,u4,s4 ,customs and     
,border ,protection fails to apprehend4 
7,b7 ,an illicit drugs seizure rate     
which measures the amount and type of   
illicit drugs seized by ,u4,s4 ,customs 
and ,border ,protection in any fiscal   
year compared to an average of the      
amount and type of illicit drugs seized 
by ,u4,s4 ,customs and ,border          
,protection for the immediately         
preceding five fiscal years4  7,c7 ,a   

cocaine seizure effectiveness rate      
measured as a percentage that results   
from dividing the amount of cocaine     
seized by ,u4,s4 ,customs and ,border   
,protection by the total documented     
cocaine flow rate as contained in       
,federal drug databases4  7,d7          
,estimates1 using alternative           
methodologies1 including survey data and
 randomized secondary screening data1 of
 total attempted inadmissible border    
crossers1 the rate of apprehension of   
attempted inadmissible border crossers1 
and the inflow into the ,united ,states 
of inadmissible border crossers who     
evade apprehension4  7,e7 ,the number of
 infractions related to personnel and   
cargo committed by major violators who  
are apprehended by ,u4,s4 ,customs and  
,border ,protection at ports of entry1  
and the estimated number of such        
infractions committed by major violators
 who are not so apprehended4  7,f7 ,a   
measurement of how border security      
operations affect crossing times4  7#b7 

,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 appropriate congressional committees
 a report that contains the results of  
such testing4 ,the ,secretary shall use 
such results to inform activities under 
this subsection4  7g7 ,metrics for      
securing the maritime border ,not later 
than #abj days after the date of the    
enactment of this ,act1 the ,secretary  
of ,homeland ,security shall implement  
metrics1 informed by situational        
awareness1 to measure the effectiveness 
of security in the maritime environment1
 which shall include1 at a minimum1 the 
following3  7#a7 ,an estimate of the    
total number of undocumented migrants   
the ,department of ,homeland ,security's
 maritime security components fail to   
interdict4  7#b7 ,an undocumented       
migrant interdiction rate which measures
 the number of undocumented migrants    

interdicted against the total estimated 
number of undocumented migrants the     
,department of ,homeland ,security's    
maritime security components fail to    
interdict4  7#c7 ,an illicit drugs      
removal rate which measures the amount  
and type of illicit drugs removed by the
 ,department of ,homeland ,security's   
maritime security 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 ,homeland ,security's    
maritime security components inside a   
transit zone for the immediately        
preceding five fiscal years4  7#d7 ,an  
illicit drugs removal rate which        
measures the amount of illicit drugs    
removed by the ,department of ,homeland 
,security's maritime security components
 outside a transit zone in any fiscal   
year compared to an average of the      
amount of illicit drugs removed by the  
,department of ,homeland ,security's    
maritime security components outside a  

transit zone for the immediately        
preceding five fiscal years4  7#e7 ,a   
cocaine removal effectiveness rate      
inside a transit zone4  7#f7 ,a cocaine 
removal effectiveness rate outside a    
transit zone4  7#g7 ,a response rate    
which measures the ,department of       
,homeland ,security's ability to respond
 to and resolve known maritime threats1 
both inside and outside a transit zone1 
by placing assets on-scene1 compared to 
the total number of events with respect 
to which the ,department has known      
threat information4  7h7 ,collaboration 
,the ,secretary of ,homeland ,security  
shall collaborate with the head of a    
national laboratory within the          
,department of ,homeland ,security      
laboratory 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 network 
to develop the metrics required under   
subsections 7e71 7f71 and 7g7 to ensure 

the suitability and statistical validity
 of each such metric4 ,such             
collaboration shall also include        
consultation by the ,secretary with the 
,governors of every border ,state and   
representatives of the ,border ,patrol  
and ,u4,s4 ,customs and ,border         
,protection4  7i7 ,recommendations      
relating to certain other metrics ,in   
carrying out subsection 7h71 the head of
 the national laboratory and the head of
 a border security university-based     
center referred to in such subsection   
shall make recommendations to the       
,secretary of ,homeland ,security for   
other suitable metrics that may be used 
to measure the effectiveness of border  
security4  7j7 ,evaluation by the       
,government ,accountability ,office     
7#a7 ,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 7e71 7f71 and 7g74  7#b7    

,report ,not later than #bgj days after 
receiving the data and methodology      
referred to in paragraph 7#a71 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 methodology4  7k7        
,certifications and reports relating to 
operational control  7#a7 ,by the       
,secretary of ,homeland ,security  7,a7 
,two years ,if the ,secretary of        
,homeland ,security determines that     
situational awareness 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 subsection 7c71 the      
,secretary shall submit to the          
appropriate congressional committees and
 the ,comptroller ,general of the       
,united ,states a certification that so 
attests4  7,b7 ,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 submission of the 
implementation plan required under      
subsection 7c71 the ,secretary shall    
submit to the appropriate congressional 
committees and the ,comptroller ,general
 of the ,united ,states a certification 
that so attests4  7,c7 ,annual updates  
,every year beginning with the year     
after the ,secretary of ,homeland       
,security submits the certification     
under subparagraph 7,b71 if the         
,secretary determines that operational  
control along the southwest border of   
the ,united ,states is being maintained1
 the ,secretary shall submit to the     
appropriate congressional committees and
 the ,comptroller ,general of the       
,united ,states a certification that so 
attests4  7#b7 ,by the ,comptroller     
,general  7,a7 ,reviews ,the            
,comptroller ,general of the ,united    

,states shall review the certifications 
of the ,secretary of ,homeland ,security
 under subparagraphs 7,a71 7,b71 and    
7,c7 of paragraph 7#a7 to assess the    
certifications of the ,secretary        
relating to the achievement of          
situational awareness1 operational      
control1 or both1 as the case may be1 in
 accordance with such subparagraphs4    
7,b7 ,reports ,not later than #abj days 
after conducting the reviews described  
in subparagraph 7,a71 the ,comptroller  
,general of the ,united ,states shall   
submit to the appropriate congressional 
committees a report on the results of   
each such review4  7l7 ,failure to      
achieve situational awareness or        
operational control ,if the ,secretary  
of ,homeland ,security determines that  
situational awareness1 operational      
control1 or both1 as the case may be1   
has not been achieved by the dates      
referred to in subparagraphs 7,a7 and   
7,b7 of subsection 7k77#a71 as the case 
may be1 or if the ,secretary determines 

that operational control is not being   
annually maintained pursuant to         
subparagraph 7,c7 of such subsection1   
the ,secretary shall1 not later than #fj
 days after such dates1 submit to the   
appropriate congressional committees a  
report that describes why situational   
awareness or operational control1 or    
both1 as the case may be1 was not       
achieved4 ,such report shall include1 at
 a minimum1 impediments incurred1       
potential remedies1 and recommendations 
to achieve situational awareness1       
operational control1 or both1 as the    
case may be4  7m7 ,government           
,accountability ,office report on border
 security duplication and cost          
effectiveness ,not later than one year  
after the date of the enactment of this 
,act1 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 and the relative   
cost effectiveness of border security   
strategies1 including deployment of     
additional personnel and technology1 and
 construction of virtual and physical   
barriers4  7n7 ,reports ,not later than 
#fj days after the date of the enactment
 of this ,act and annually thereafter1  
the ,secretary of ,homeland ,security   
shall submit to the appropriate         
congressional committees a report on the
 following3  7#a7 ,a resource allocation
 model for current and future year      
staffing requirements that includes     
optimal staffing levels at all land1    
air1 and sea ports of entry1 and an     
explanation of ,u4,s4 ,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     
areas4  7#b7 ,detailed information on   
the level of manpower available at all  
land1 air1 and sea ports of entry and   

between ports of entry1 including the   
number of canine and agricultural       
specialists assigned to each such port  
of entry4  7#c7 ,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 entry4  7#d7   
,detailed information that examines both
 the security impacts and competitive   
impacts of entering into a reimbursement
 agreement with foreign governments for 
,u4,s4 ,customs and ,border ,protection 
preclearance facilities4  7o7           
,definitions ,in this ,act3  7#a7       
,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 ,senate4  7#b7 ,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 zone1 as   
the case may be1 by the total documented
 cocaine flow rate as contained in      
,federal drug databases4  7#c7          
,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 illegal border crossing         
recidivism4  7#d7 ,got away ,the term   
got away means an illegal border crosser
 who1 after making an illegal entry into
 the ,united ,states1 is not turned back
 or apprehended4  7#e7 ,high traffic    
areas ,the term high traffic 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 activity1 informed 
through situational awareness4  7#f7    

,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 apprehensions1 turn backs1 and
 got aways4 ,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 sectors4  7#g7 ,major violator  
,the term major violator means a person 
or entity that has engaged in serious   
criminal activities at any land1 air1 or
 sea port of entry1 including possession
 of illicit drugs1 smuggling of         
prohibited products1 human smuggling1   
weapons possession1 use of fraudulent   
,united ,states documents1 or other     
offenses serious enough to result in    
arrest4  7#h7 ,operational control ,the 
term operational control means a        
condition in which there is a not lower 
than #ij percent illegal border crossing

 effectiveness rate1 informed by        
situational awareness1 and a significant
 reduction in the movement of illicit   
drugs and other contraband through such 
areas is being achieved4  7#i7          
,situational awareness ,the term        
situational awareness means knowledge   
and an understanding of current illicit 
cross-border activity1 including        
cross-border threats and trends         
concerning illicit trafficking and      
unlawful crossings along the            
international borders of the ,united    
,states and in the maritime environment1
 and the ability to forecast future     
shifts in such threats and trends4      
7#aj7 ,transit zone ,the term transit   
zone means the sea corridors of the     
western ,atlantic ,ocean1 the ,gulf of  
,mexico1 the ,caribbean ,sea1 and the   
eastern ,pacific ,ocean through which   
undocumented migrants and illicit drugs 
transit1 either directly or indirectly1 
to the ,united ,states4  7#aa7 ,turn    
back ,the term turn back means an       

illegal border crosser who1 after making
 an illegal entry into the ,united      
,states1 returns to the country from    
which such crosser entered4  #d4        
,,us-,,visit implementation ,not later  
than #ahj days after the date of the    
enactment of this ,act1 the ,secretary  
of ,homeland ,security shall submit to  
the appropriate congressional committees
 a plan to implement immediately a      
biometric exit capability at ports of   
entry under the ,,us-,,visit program1 in
 accordance with the ,enhanced ,security
 and ,visa ,entry ,reform ,act of #bjjb 
7,public ,law #ajg-agc74 ,if the        
,secretary determines that development  
of such a system is not feasible1 the   
,secretary shall1 not later than #ahj   
days after the date of the enactment of 
this ,act1 submit to the appropriate    
congressional committees a plan to      
implement1 not later than two years     
after such date of enactment1 an        
alternative program to provide the same 
level of security4  #e4 ,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 ,states4  ,may #bj1 #bjac       
,reported with an amendment1 committed  
to the ,committee of the ,whole ,house  
on the ,state of the ,union1 and ordered
 to be printed