,,ii  #aadth ,,congress  #ast ,session  
,s4 #ahfd  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,july #bg1     
#bjae ,mr4 ,johnson 7for himself1 ,mr4  
,mc,cain1 and ,mr4 ,cornyn7 introduced  
the following bill2 which was read twice
 and referred to the ,committee on      
,homeland ,security and ,governmental   
,affairs  ,a ,,bill  ,to improve        
national security by developing metrics 
to measure the effectiveness of security
 between ports of entry1 at points of   
entry1 and along the maritime border4   
#a4 ,short title ,this ,act may be cited
 as the ,department of ,homeland        
,security ,border ,security ,metrics    
,act of #bjae4  #b4 ,definitions ,in    
this ,act3  7#a7 ,appropriate           
congressional committees ,the term      
appropriate congressional committees    
means-- 7,a7 the ,committee on ,homeland
 ,security and ,governmental ,affairs of
 the ,senate2  7,b7 the ,committee on   
,homeland ,security of the ,house of    
,representatives2  7,c7 the ,committee  

on the ,judiciary of the ,senate2 and   
7,d7 the ,committee on the ,judiciary of
 the ,house of ,representatives4  7#b7  
,consequence delivery system ,the term  
,consequence ,delivery ,system means the
 series of consequences applied by the  
,border ,patrol to persons unlawfully   
entering the ,united ,states to prevent 
unlawful border crossing recidivism4    
7#c7 ,got away ,the term got away means 
an unlawful border crosser who-- 7,a7 is
 directly or indirectly observed making 
an unlawful entry into the ,united      
,states2 and  7,b7 is not a turn back   
and is not apprehended4  7#d7 ,known    
migrant flow ,the term known migrant    
flow means the sum of the number of     
undocumented migrants-- 7,a7 interdicted
 at sea2  7,b7 identified at sea1 but   
not interdicted2  7,c7 that successfully
 entered the ,united ,states through the
 maritime border2 or  7,d7 not described
 in subparagraph 7,a71 7,b71 or 7,c71   
which were otherwise reported1 with a   
significant degree of certainty1 as     

having entered1 or attempted to enter1  
the ,united ,states through the maritime
 border4  7#e7 ,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--  7,a7 possession 
of illicit drugs2  7,b7 smuggling of    
prohibited products2  7,c7 human        
smuggling2  7,d7 weapons possession2    
7,e7 use of fraudulent ,united ,states  
documents2 or  7,f7 other offenses that 
are serious enough to result in arrest4 
7#f7 ,situational awareness ,the term   
situational awareness means knowledge   
and unified understanding of current    
unlawful cross-border activity1         
including-- 7,a7 threats and trends     
concerning illicit trafficking and      
unlawful crossings2  7,b7 the ability to
 forecast future shifts in such threats 
and trends2  7,c7 the ability to        
evaluate such threats and trends at a   
level sufficient to create actionable   
plans2 and  7,d7 the operational        

capability to conduct persistent and    
integrated surveillance of the          
international borders of the ,united    
,states4  7#g7 ,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#h7 ,turn back
 ,the term turn back means an unlawful  
border crosser who1 after making an     
unlawful entry into the ,united ,states1
 promptly returns to the country from   
which such crosser entered4  7#i7       
,unlawful border crossing effectiveness 
rate  ,the term unlawful border crossing
 effectiveness rate means the percentage
 that results from dividing-- 7,a7 the  
number of apprehensions and turn backs2 
and  7,b7 the number of apprehensions1  
estimated unlawful entries1 turn backs1 
and got aways4  7#aj7 ,unlawful entry   
,the term unlawful entry means an       

unlawful border crosser who enters the  
,united ,states and is not apprehended  
by a border security component of the   
,department of ,homeland ,security4  #c4
 ,metrics for securing the border       
between ports of entry  7a7 ,in general 
,not later than #abj days after the date
 of the enactment of this ,act1 the     
,secretary of ,homeland ,security shall 
develop metrics1 informed by situational
 awareness1 to measure the effectiveness
 of security between ports of entry4    
,the ,secretary shall annually implement
 the metrics developed under this       
subsection1 which shall include--  7#a7 
estimates1 using alternative            
methodologies1 including recidivism     
data1 survey data1 known-flow data1 and 
technologically measured data1 of--     
7,a7 total attempted unlawful border    
crossings2  7,b7 the rate of            
apprehension of attempted unlawful      
border crossers2 and  7,c7 the number of
 unlawful entries2  7#b7 a situational  
awareness achievement metric1 which     

measures situational awareness achieved 
in each ,border ,patrol sector2  7#c7 an
 unlawful border crossing effectiveness 
rate2  7#d7 a probability of detection1 
which compares the estimated total      
unlawful border crossing attempts not   
detected by the ,border ,patrol to the  
unlawful border crossing effectiveness  
rate1 as informed by paragraph 7#a72    
7#e7 an illicit drugs seizure rate for  
drugs seized by the ,border ,patrol1    
which compares the ratio of the amount  
and type of illicit drugs seized by the 
,border ,patrol in any fiscal year to   
the average of the amount and type of   
illicit drugs seized by the ,border     
,patrol in the immediately preceding #e 
fiscal years2  7#f7 a                   
weight-to-frequency rate1 which compares
 the average weight of marijuana seized 
per seizure by the ,border ,patrol in   
any fiscal year to such                 
weight-to-frequency rate for the        
immediately preceding #e fiscal years2  
7#g7 estimates of the impact of the     

,consequence ,delivery ,system on the   
rate of recidivism of unlawful border   
crossers over multiple fiscal years2 and
  7#h7 an examination of each           
consequence referred to in paragraph    
7#g71 including--  7,a7 voluntary       
return2  7,b7 warrant of arrest or      
notice to appear2  7,c7 expedited       
removal2  7,d7 reinstatement of removal2
  7,e7 alien transfer exit program2     
7,f7 ,operation ,streamline2  7,g7      
standard prosecution2 and  7,h7         
,operation ,against ,smugglers          
,initiative on ,safety and ,security4   
7b7 ,metrics consultation ,in developing
 the metrics required under subsection  
7a71 the ,secretary shall-- 7#a7 consult
 with the appropriate components of the 
,department of ,homeland ,security2 and 
7#b7 as appropriate1 work with other    
agencies1 including the ,office of      
,refugee ,resettlement of the           
,department of ,health and ,human       
,services and the ,executive ,office for
 ,immigration ,review of the ,department

 of ,justice1 to ensure that            
authoritative data sources are utilized4
  7c7 ,manner of collection ,the data   
used by the ,secretary of ,homeland     
,security shall be collected and        
reported in a consistent and            
standardized manner across all ,border  
,patrol sectors1 informed by situational
 awareness4  #d4 ,metrics for securing  
the border at ports of entry  7a7 ,in   
general ,not later than #abj days after 
the date of the enactment of this ,act1 
the ,secretary of ,homeland ,security   
shall develop metrics1 informed by      
situational awareness1 to measure the   
effectiveness of security at ports of   
entry4 ,the ,secretary shall annually   
implement the metrics developed under   
this subsection1 which shall include--  
7#a7 estimates1 using alternative       
methodologies1 including survey data and
 randomized secondary screening data1   
of--  7,a7 total attempted inadmissible 
border crossings2  7,b7 the rate of     
apprehension of attempted inadmissible  

border crossings2 and  7,c7 the number  
of unlawful entries2  7#b7 the amount   
and type of illicit drugs seized by the 
,office of ,field ,operations of ,u4,s4 
,customs and ,border ,protection at     
,united ,states land1 air1 and sea ports
 during the previous fiscal year2  7#c7 
an illicit drugs seizure rate for drugs 
seized by the ,office of ,field         
,operations1 which compares the ratio of
 the amount and type of illicit drugs   
seized by the ,office of ,field         
,operations in any fiscal year to the   
average of the amount and type of       
illicit drugs seized by the ,office of  
,field ,operations in the immediately   
preceding #e fiscal years2  7#d7 in     
consultation with the ,office of        
,national ,drug ,control ,policy and the
 ,united ,states ,southern ,command1 a  
cocaine seizure effectiveness rate1     
which is the percentage resulting from  
dividing--  7,a7 the amount of cocaine  
seized by the ,office of ,field         
,operations2 and  7,b7 the total        

estimated cocaine flow rate at ports of 
entry along the land border2  7#e7 the  
number of infractions related to        
travelers and cargo committed by major  
violators who are apprehended by the    
,office of ,field ,operations at ports  
of entry1 and the estimated number of   
such infractions committed by major     
violators who are not apprehended2  7#f7
 a measurement of how border security   
operations affect crossing times1       
including-- 7,a7 a wait time ratio that 
compares the average wait times to total
 commercial and private vehicular       
traffic volumes at each port of entry2  
7,b7 an infrastructure capacity         
utilization rate that measures traffic  
volume against the physical and staffing
 capacity at each port of entry2  7,c7 a
 secondary examination rate that        
measures the frequency of secondary     
examinations at each port of entry2 and 
7,d7 an enforcement rate that measures  
the effectiveness of secondary          
examinations at detecting major         

violators2 and  7#g7 a cargo scanning   
rate that includes-- 7,a7 a comparison  
of the number of high-risk cargo        
containers scanned by the ,office of    
,field ,operations at each ,united      
,states seaport during the fiscal year  
to the total number of high-risk cargo  
containers entering the ,united ,states 
at each seaport during the previous     
fiscal year2  7,b7 the percentage of all
 cargo that is considered high-risk     
cargo2 and  7,c7 the percentage of      
high-risk cargo scanned--  7i7 upon     
arrival at a ,united ,states seaport    
before entering ,united ,states         
commerce2 and  7ii7 before being laden  
on a vessel destined for the ,united    
,states4  7b7 ,metrics consultation ,in 
developing the metrics required under   
subsection 7a71 the ,secretary shall--  
7#a7 consult with the appropriate       
components of the ,department of        
,homeland ,security2 and  7#b7 as       
appropriate1 work with other agencies1  
including the ,office of ,refugee       

,resettlement of the ,department of     
,health and ,human ,services and the    
,executive ,office for ,immigration     
,review of the ,department of ,justice1 
to ensure that authoritative data       
sources are utilized4  7c7 ,manner of   
collection ,the data used by the        
,secretary of ,homeland ,security shall 
be collected and reported in a          
consistent and standardized manner      
across all field offices1 informed by   
situational awareness4  #e4 ,metrics for
 securing the maritime border  7a7 ,in  
general ,not later than #abj days after 
the date of the enactment of this ,act1 
the ,secretary of ,homeland ,security   
shall develop metrics1 informed by      
situational awareness1 to measure the   
effectiveness of security in the        
maritime environment4 ,the ,secretary   
shall annually implement the metrics    
developed under this subsection1 which  
shall include--  7#a7 situational       
awareness achieved in the maritime      
environment2  7#b7 an undocumented      

migrant interdiction rate1 which        
compares the migrants interdicted at sea
 to the total known migrant flow2  7#c7 
an illicit drugs removal rate1 for drugs
 removed inside and outside of a transit
 zone1 which compares the amount and    
type of illicit drugs removed1 including
 drugs abandoned at sea1 by the         
,department of ,homeland ,security's    
maritime security components in any     
fiscal year to the average of the amount
 and type of illicit drugs removed by   
the ,department of ,homeland ,security's
 maritime components for the immediately
 preceding #e fiscal years2  7#d7 in    
consultation with the ,office of        
,national ,drug ,control ,policy and the
 ,united ,states ,southern ,command1 a  
cocaine removal effectiveness rate1 for 
cocaine removed inside a transit zone   
and outside a transit zone2 which       
compares the amount of cocaine removed  
by the ,department of ,homeland         
,security's maritime security components
 by the total documented cocaine flow   

rate1 as contained in ,federal drug     
databases2  7#e7 a response rate1 which 
compares the ability of the maritime    
security components of the ,department  
of ,homeland ,security to respond to and
 resolve known maritime threats1 whether
 inside and outside a transit zone1 by  
placing assets on-scene1 to the total   
number of events with respect to which  
the ,department has known threat        
information2 and  7#f7 an               
intergovernmental response rate1 which  
compares the ability of the maritime    
security components of the ,department  
of ,homeland ,security or other ,united 
,states ,government entities to respond 
to and resolve actionable maritime      
threats1 whether inside or outside the  
,western ,hemisphere transit zone1 by   
targeting maritime threats in order to  
detect them1 and of those threats       
detected1 the total number of maritime  
threats interdicted or disrupted4  7b7  
,metrics consultation ,in developing the
 metrics required under subsection 7a71 

the ,secretary shall-- 7#a7 consult with
 the appropriate components of the      
,department of ,homeland ,security2 and 
7#b7 as appropriate1 work with other    
agencies1 including the ,drug           
,enforcement ,agency1 the ,department of
 ,defense1 and the ,department of       
,justice1 to ensure that authoritative  
data sources are utilized4  7c7 ,manner 
of collection ,the data used by the     
,secretary of ,homeland ,security shall 
be collected and reported in a          
consistent and standardized manner1     
informed by situational awareness4  #f4 
,air and marine security metrics in the 
land domain  7a7 ,in general ,not later 
than #abj days after the date of the    
enactment of this ,act1 the ,secretary  
of ,homeland ,security shall develop    
metrics1 informed by situational        
awareness1 to measure the effectiveness 
of the aviation assets and operations of
 the ,office of ,air and ,marine of     
,u4,s4 ,customs and ,border             
,enforcement4 ,the ,secretary shall     

annually implement the metrics developed
 under this subsection1 which shall     
include--  7#a7 an effectiveness rate1  
which compares ,office of ,air and      
,marine flight hours requirements to the
 number of flight hours flown by such   
,office2  7#b7 a funded flight hour     
effectiveness rate1 which compares the  
number of funded flight hours           
appropriated to the ,office of ,air and 
,marine to the number of actual flight  
hours flown by such ,office2  7#c7 a    
readiness rate1 which compares the      
number of aviation missions flown by the
 ,office of ,air and ,marine to the     
number of aviation missions cancelled by
 such ,office due to maintenance1       
operations1 or other causes2  7#d7 the  
number of missions cancelled by such    
,office due to weather compared to the  
total planned missions2  7#e7 the number
 of subjects detected by the ,office of 
,air and ,marine through the use of     
unmanned aerial systems and manned      
aircrafts2  7#f7 the number of          

apprehensions assisted by the ,office of
 ,air and ,marine through the use of    
unmanned aerial systems and manned      
aircrafts2  7#g7 the number and quantity
 of illicit drug seizures assisted by   
the ,office of ,air and ,marine through 
the use of unmanned aerial systems and  
manned aircrafts2 and  7#h7 the number  
of times that usable intelligence       
related to border security was obtained 
through the use of unmanned aerial      
systems and manned aircraft4  7b7       
,metrics consultation ,in developing the
 metrics required under subsection 7a71 
the ,secretary shall-- 7#a7 consult with
 the appropriate components of the      
,department of ,homeland ,security2 and 
7#b7 as appropriate1 work with other    
agencies1 including the ,department of  
,justice1 to ensure that authoritative  
data sources are utilized4  7c7 ,manner 
of collection ,the data used by the     
,secretary of ,homeland ,security shall 
be collected and reported in a          
consistent and standardized manner1     

informed by situational awareness4  #g4 
,data transparency ,the ,secretary of   
,homeland ,security shall-- 7#a7 in     
accordance with applicable privacy laws1
 make data related to apprehensions1    
inadmissible aliens1 drug seizures1 and 
other enforcement actions available to  
the public1 academic research1 and law  
enforcement communities2 and  7#b7      
provide the ,office of ,immigration     
,statistics of the ,department of       
,homeland ,security with unfettered     
access to the data described in         
paragraph 7#a74  #h4 ,evaluation by the 
government accountability office and the
 secretary of homeland security  7a7    
,metrics report  7#a7 ,mandatory        
disclosures ,the ,secretary of ,homeland
 ,security shall submit an annual report
 containing the metrics required under  
sections #c through #f and the data and 
methodology used to develop such metrics
 to--  7,a7 the appropriate             
congressional committees2 and  7,b7 the 
,comptroller ,general of the ,united    

,states4  7#b7 ,permissible disclosures 
,the ,secretary of ,homeland ,security1 
for the purpose of validation and       
verification1 may submit the annual     
report described in paragraph 7#a7 to-- 
7,a7 the ,national ,center for ,border  
,security and ,immigration2  7,b7 the   
head of a national laboratory within the
 ,department of ,homeland ,security     
laboratory network with prior expertise 
in border security2 and  7,c7 a         
,federally ,funded ,research and        
,development ,center sponsored by the   
,department of ,homeland ,security4  7b7
 ,,gao report ,not later than #bgj days 
after receiving the first report under  
subsection 7a77#a71 and biannually      
thereafter for the following #aj years1 
the ,comptroller ,general of the ,united
 ,states1 shall submit a report to the  
appropriate congressional committees    
that--  7#a7 analyzes the suitability   
and statistical validity of the data and
 methodology contained in such report2  
and  7#b7 includes recommendations to   

,congress on-- 7,a7 the feasibility of  
other suitable metrics that may be used 
to measure the effectiveness of border  
security2 and  7,b7 improvements that   
need to be made to the metrics being    
used to measure the effectiveness of    
border security4  7c7 ,state of the     
border report ,not later than #fj days  
after the end of each fiscal year       
through fiscal year #bjbe1 the          
,secretary of ,homeland ,security shall 
submit a ,state of the ,border report to
 the appropriate congressional          
committees that--  7#a7 provides trends 
for each metric under sections #c       
through #f for the last #aj years1 to   
the extent possible2  7#b7 provides     
selected analysis into related aspects  
of illegal flow rates1 including legal  
flows and stock estimation techniques2  
and  7#c7 includes any other information
 that the ,secretary determines         
appropriate4  7d7 ,metrics update  7#a7 
,in general ,after submitting the final 
report to the ,comptroller ,general     

under subsection 7a71 the ,secretary of 
,homeland ,security may reevaluate and  
update any of the metrics required under
 sections #c through #f to ensure that  
such metrics--  7,a7 meet the           
,department of ,homeland ,security's    
performance management needs2 and  7,b7 
are suitable to measure the             
effectiveness of border security4  7#b7 
,congressional notification ,not later  
than #cj days before updating the       
metrics under paragraph 7#a71 the       
,secretary shall notify the appropriate 
congressional committees of such        
updates4