[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1864 Reported in Senate (RS)]
<DOC>
Calendar No. 255
114th CONGRESS
1st Session
S. 1864
[Report No. 114-152]
To improve national security by developing metrics to measure the
effectiveness of security between ports of entry, at points of entry,
and along the maritime border.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 27, 2015
Mr. Johnson (for himself, Mr. McCain, and Mr. Cornyn) introduced the
following bill; which was read twice and referred to the Committee on
Homeland Security and Governmental Affairs
October 8, 2015
Reported by Mr. Johnson, with an amendment and an amendment to the
title
_______________________________________________________________________
A BILL
To improve national security by developing metrics to measure the
effectiveness of security between ports of entry, at points of entry,
and along the maritime border.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Homeland Security
Border Security Metrics Act of 2015''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on Homeland Security of the House
of Representatives;
(C) the Committee on the Judiciary of the Senate;
and
(D) the Committee on the Judiciary of the House of
Representatives.
(2) 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 recidivism.
(3) Got away.--The term ``got away'' means an unlawful
border crosser who--
(A) is directly or indirectly observed making an
unlawful entry into the United States; and
(B) is not a turn back and is not apprehended.
(4) Known migrant flow.--The term ``known migrant flow''
means the sum of the number of undocumented migrants--
(A) interdicted at sea;
(B) identified at sea, but not interdicted;
(C) that successfully entered the United States
through the maritime border; or
(D) not described in subparagraph (A), (B), or (C),
which were otherwise reported, with a significant
degree of certainty, as having entered, or attempted to
enter, the United States through the maritime border.
(5) 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--
(A) possession of illicit drugs;
(B) smuggling of prohibited products;
(C) human smuggling;
(D) weapons possession;
(E) use of fraudulent United States documents; or
(F) other offenses that are serious enough to
result in arrest.
(6) Situational awareness.--The term ``situational
awareness'' means knowledge and unified understanding of
current unlawful cross-border activity, including--
(A) threats and trends concerning illicit
trafficking and unlawful crossings;
(B) the ability to forecast future shifts in such
threats and trends;
(C) the ability to evaluate such threats and trends
at a level sufficient to create actionable plans; and
(D) the operational capability to conduct
persistent and integrated surveillance of the
international borders of the United States.
(7) Transit zone.--The term ``transit zone'' means the sea
corridors of the western Atlantic Ocean, the Gulf of Mexico,
the Caribbean Sea, and the eastern Pacific Ocean through which
undocumented migrants and illicit drugs transit, either
directly or indirectly, to the United States.
(8) Turn back.--The term ``turn back'' means an unlawful
border crosser who, after making an unlawful entry into the
United States, promptly returns to the country from which such
crosser entered.
(9) Unlawful border crossing effectiveness rate.--The term
``unlawful border crossing effectiveness rate'' means the
percentage that results from dividing--
(A) the number of apprehensions and turn backs; and
(B) the number of apprehensions, estimated unlawful
entries, turn backs, and got aways.
(10) 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 Security.
SEC. 3. METRICS FOR SECURING THE BORDER BETWEEN PORTS OF ENTRY.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall develop
metrics, informed by situational awareness, to measure the
effectiveness of security between ports of entry. The Secretary shall
annually implement the metrics developed under this subsection, which
shall include--
(1) estimates, using alternative methodologies, including
recidivism data, survey data, known-flow data, and
technologically measured data, of--
(A) total attempted unlawful border crossings;
(B) the rate of apprehension of attempted unlawful
border crossers; and
(C) the number of unlawful entries;
(2) a situational awareness achievement metric, which
measures situational awareness achieved in each Border Patrol
sector;
(3) an unlawful border crossing effectiveness rate;
(4) a probability of detection, which compares the
estimated total unlawful border crossing attempts not detected
by the Border Patrol to the unlawful border crossing
effectiveness rate, as informed by paragraph (1);
(5) an illicit drugs seizure rate for drugs seized by the
Border Patrol, 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 5 fiscal
years;
(6) a weight-to-frequency rate, 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 5 fiscal years;
(7) estimates of the impact of the Consequence Delivery
System on the rate of recidivism of unlawful border crossers
over multiple fiscal years; and
(8) an examination of each consequence referred to in
paragraph (7), including--
(A) voluntary return;
(B) warrant of arrest or notice to appear;
(C) expedited removal;
(D) reinstatement of removal;
(E) alien transfer exit program;
(F) Operation Streamline;
(G) standard prosecution; and
(H) Operation Against Smugglers Initiative on
Safety and Security.
(b) Metrics Consultation.--In developing the metrics required under
subsection (a), the Secretary shall--
(1) consult with the appropriate components of the
Department of Homeland Security; and
(2) as appropriate, work with other agencies, 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 Justice, to ensure that authoritative data
sources are utilized.
(c) 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 sectors, informed by
situational awareness.
SEC. 4. METRICS FOR SECURING THE BORDER AT PORTS OF ENTRY.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall develop
metrics, informed by situational awareness, to measure the
effectiveness of security at ports of entry. The Secretary shall
annually implement the metrics developed under this subsection, which
shall include--
(1) estimates, using alternative methodologies, including
survey data and randomized secondary screening data, of--
(A) total attempted inadmissible border crossings;
(B) the rate of apprehension of attempted
inadmissible border crossings; and
(C) the number of unlawful entries;
(2) the amount and type of illicit drugs seized by the
Office of Field Operations of U.S. Customs and Border
Protection at United States land, air, and sea ports during the
previous fiscal year;
(3) an illicit drugs seizure rate for drugs seized by the
Office of Field Operations, 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 5 fiscal years;
(4) in consultation with the Office of National Drug
Control Policy and the United States Southern Command, a
cocaine seizure effectiveness rate, which is the percentage
resulting from dividing--
(A) the amount of cocaine seized by the Office of
Field Operations; and
(B) the total estimated cocaine flow rate at ports
of entry along the land border;
(5) 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 entry, and the estimated
number of such infractions committed by major violators who are
not apprehended;
(6) a measurement of how border security operations affect
crossing times, including--
(A) a wait time ratio that compares the average
wait times to total commercial and private vehicular
traffic volumes at each port of entry;
(B) an infrastructure capacity utilization rate
that measures traffic volume against the physical and
staffing capacity at each port of entry;
(C) a secondary examination rate that measures the
frequency of secondary examinations at each port of
entry; and
(D) an enforcement rate that measures the
effectiveness of secondary examinations at detecting
major violators; and
(7) a cargo scanning rate that includes--
(A) 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 year;
(B) the percentage of all cargo that is considered
``high-risk'' cargo; and
(C) the percentage of high-risk cargo scanned--
(i) upon arrival at a United States seaport
before entering United States commerce; and
(ii) before being laden on a vessel
destined for the United States.
(b) Metrics Consultation.--In developing the metrics required under
subsection (a), the Secretary shall--
(1) consult with the appropriate components of the
Department of Homeland Security; and
(2) as appropriate, work with other agencies, 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 Justice, to ensure that authoritative data
sources are utilized.
(c) 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 offices, informed by situational
awareness.
SEC. 5. METRICS FOR SECURING THE MARITIME BORDER.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall develop
metrics, informed by situational awareness, to measure the
effectiveness of security in the maritime environment. The Secretary
shall annually implement the metrics developed under this subsection,
which shall include--
(1) situational awareness achieved in the maritime
environment;
(2) an undocumented migrant interdiction rate, which
compares the migrants interdicted at sea to the total known
migrant flow;
(3) an illicit drugs removal rate, for drugs removed inside
and outside of a transit zone, which compares the amount and
type of illicit drugs removed, including drugs abandoned at
sea, 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 5
fiscal years;
(4) in consultation with the Office of National Drug
Control Policy and the United States Southern Command, a
cocaine removal effectiveness rate, for cocaine removed inside
a transit zone and outside a transit zone; which compares the
amount of cocaine removed by the Department of Homeland
Security's maritime security components by the total documented
cocaine flow rate, as contained in Federal drug databases;
(5) a response rate, which compares the ability of the
maritime security components of the Department of Homeland
Security to respond to and resolve known maritime threats,
whether inside and outside a transit zone, by placing assets
on-scene, to the total number of events with respect to which
the Department has known threat information; and
(6) an intergovernmental response rate, 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 threats, whether
inside or outside the Western Hemisphere transit zone, by
targeting maritime threats in order to detect them, and of
those threats detected, the total number of maritime threats
interdicted or disrupted.
(b) Metrics Consultation.--In developing the metrics required under
subsection (a), the Secretary shall--
(1) consult with the appropriate components of the
Department of Homeland Security; and
(2) as appropriate, work with other agencies, including the
Drug Enforcement Agency, the Department of Defense, and the
Department of Justice, to ensure that authoritative data
sources are utilized.
(c) Manner of Collection.--The data used by the Secretary of
Homeland Security shall be collected and reported in a consistent and
standardized manner, informed by situational awareness.
SEC. 6. AIR AND MARINE SECURITY METRICS IN THE LAND DOMAIN.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall develop
metrics, informed by situational awareness, to measure the
effectiveness of the aviation assets and operations of the Office of
Air and Marine of U.S. Customs and Border Enforcement. The Secretary
shall annually implement the metrics developed under this subsection,
which shall include--
(1) an effectiveness rate, which compares Office of Air and
Marine flight hours requirements to the number of flight hours
flown by such Office;
(2) a funded flight hour effectiveness rate, 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 Office;
(3) a readiness rate, 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 maintenance,
operations, or other causes;
(4) the number of missions cancelled by such Office due to
weather compared to the total planned missions;
(5) the number of subjects detected by the Office of Air
and Marine through the use of unmanned aerial systems and
manned aircrafts;
(6) the number of apprehensions assisted by the Office of
Air and Marine through the use of unmanned aerial systems and
manned aircrafts;
(7) 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 aircrafts; and
(8) the number of times that usable intelligence related to
border security was obtained through the use of unmanned aerial
systems and manned aircraft.
(b) Metrics Consultation.--In developing the metrics required under
subsection (a), the Secretary shall--
(1) consult with the appropriate components of the
Department of Homeland Security; and
(2) as appropriate, work with other agencies, including the
Department of Justice, to ensure that authoritative data
sources are utilized.
(c) Manner of Collection.--The data used by the Secretary of
Homeland Security shall be collected and reported in a consistent and
standardized manner, informed by situational awareness.
SEC. 7. DATA TRANSPARENCY.
The Secretary of Homeland Security shall--
(1) in accordance with applicable privacy laws, make data
related to apprehensions, inadmissible aliens, drug seizures,
and other enforcement actions available to the public, academic
research, and law enforcement communities; and
(2) provide the Office of Immigration Statistics of the
Department of Homeland Security with unfettered access to the
data described in paragraph (1).
SEC. 8. EVALUATION BY THE GOVERNMENT ACCOUNTABILITY OFFICE AND THE
SECRETARY OF HOMELAND SECURITY.
(a) Metrics Report.--
(1) Mandatory disclosures.--The Secretary of Homeland
Security shall submit an annual report containing the metrics
required under sections 3 through 6 and the data and
methodology used to develop such metrics to--
(A) the appropriate congressional committees; and
(B) the Comptroller General of the United States.
(2) Permissible disclosures.--The Secretary of Homeland
Security, for the purpose of validation and verification, may
submit the annual report described in paragraph (1) to--
(A) the National Center for Border Security and
Immigration;
(B) the head of a national laboratory within the
Department of Homeland Security laboratory network with
prior expertise in border security; and
(C) a Federally Funded Research and Development
Center sponsored by the Department of Homeland
Security.
(b) GAO Report.--Not later than 270 days after receiving the first
report under subsection (a)(1), and biannually biennially thereafter
for the following 10 years, the Comptroller General of the United
States, shall submit a report to the appropriate congressional
committees that--
(1) analyzes the suitability and statistical validity of
the data and methodology contained in such report; and
(2) includes recommendations to Congress on--
(A) the feasibility of other suitable metrics that
may be used to measure the effectiveness of border
security; and
(B) improvements that need to be made to the
metrics being used to measure the effectiveness of
border security.
(c) State of the Border Report.--Not later than 60 days after the
end of each fiscal year through fiscal year 2025, the Secretary of
Homeland Security shall submit a ``State of the Border'' report to the
appropriate congressional committees that--
(1) provides trends for each metric under sections 3
through 6 for the last 10 years, to the extent possible;
(2) provides selected analysis into related aspects of
illegal flow rates, including legal flows and stock estimation
techniques; and
(3) includes any other information that the Secretary
determines appropriate.
(d) Metrics Update.--
(1) In general.--After submitting the final report to the
Comptroller General under subsection (a), the Secretary of
Homeland Security may reevaluate and update any of the metrics
required under sections 3 through 6 to ensure that such
metrics--
(A) meet the Department of Homeland Security's
performance management needs; and
(B) are suitable to measure the effectiveness of
border security.
(2) Congressional notification.--Not later than 30 days
before updating the metrics under paragraph (1), the Secretary
shall notify the appropriate congressional committees of such
updates.
Amend the title so as to read: ``A bill to improve national
security by developing metrics to measure the effectiveness of
security between ports of entry, at ports of entry, and along
the maritime border.''.
Calendar No. 255
114th CONGRESS
1st Session
S. 1864
[Report No. 114-152]
_______________________________________________________________________
A BILL
To improve national security by developing metrics to measure the
effectiveness of security between ports of entry, at points of entry,
and along the maritime border.
_______________________________________________________________________
October 8, 2015
Reported with an amendment and an amendment to the title