S.Amdt. 1632

SA 1632. Mr. McCAIN (for himself and Mr. Johnson) submitted an
amendment intended to be proposed to amendment SA 1463 proposed by Mr.
McCain to the bill H.R. 1735, to authorize appropriations for fiscal
year 2016 for military activities of the Department of Defense and for
military construction, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:

At the appropriate place, insert the following:

Subtitle __--Border Security Effectiveness Metrics

SEC. __1. DEFINITIONS.

In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(B) the Committee on Homeland Security of the House of
Representatives.
(2) Cocaine removal effectiveness rate.--The term ``cocaine
removal effectiveness rate'' means the percentage that
results from dividing--
(A) the amount of cocaine removed by the Department of
Homeland Security's maritime security components inside or
outside a transit zone, as the case may be; by
(B) the total documented cocaine flow rate, as contained in
Federal drug databases.
(3) 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.
(4) Federal lands.--The term ``Federal lands'' includes all
land under the control of the Secretary of Defense, the
Secretary of Agriculture, or the Secretary of the Interior
along the international border between the United States and
Mexico.
(5) Got away.--The term ``got away'' means an unlawful
border crosser who, after making an unlawful entry into the
United States, is not turned back or apprehended.
(6) 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 serious enough to result in arrest.
(7) 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 continuous and
integrated surveillance of the international borders of the
United States.
(8) 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.
(9) Turn back.--The term ``turn back'' means an unlawful
border crosser who, after making an unlawful entry into the
United States, returns to the country from which such crosser
entered.
(10) Unlawful border crossing effectiveness rate.--
(A) In general.--The term ``unlawful border crossing
effectiveness rate'' means the percentage that results from
dividing--
(i) the number of apprehensions and turn backs; by
(ii) the number of apprehensions, turn backs, and got
aways.
(B) Manner of collection.--The data used by the Secretary
of Homeland Security to determine the unlawful border
crossing effectiveness rate shall be collected and reported
in a consistent and standardized manner across all Border
Patrol sectors, informed by situational awareness.

SEC. __2. 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 and annually thereafter, the Chief
of the Border Patrol shall develop metrics, informed by
situational awareness, to measure the effectiveness of
security between ports of entry. The metrics developed under
this subsection shall include--
(1) an unlawful border crossing effectiveness rate, which
is informed by situational awareness;
(2) 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;
(3) 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;
(4) a situational awareness achievement metric, which
measures the amount of situational awareness achieved in each
Border Patrol sector;
(5) an illicit drugs seizure rate, which compares the
amount and type of illicit drugs seized by the Border Patrol
in any fiscal year to an average of the amount and type of
illicit drugs seized by the Border Patrol in the immediately
preceding 5 fiscal years;

[[Page S3790]]

(6) 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 Border Patrol; by
(B) the total documented cocaine flow rate between ports of
entry along the Southern land border;
(7) 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 inflow into the United States of unlawful border
crossers who evade apprehension; and
(8) estimates of the impact of the Border Patrol's
Consequence Delivery System on the rate of recidivism of
unlawful border crossers over multiple fiscal years and an
examination of each consequence, 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) 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 Chief of the Border Patrol
shall consult with staff members of the Office of Policy of
the Department of Homeland Security and staff members of the
Office of the Chief Financial Officer of the Department of
Homeland Security.

SEC. __3. 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, and annually thereafter, the
Assistant Commissioner for the Office of Field Operations in
U.S. Customs and Border Protection shall develop metrics,
informed by situational awareness, to measure the
effectiveness of security at ports of entry. The metrics
developed under this subsection shall include--
(1) an inadmissible border crossing rate, which is measured
by dividing--
(A) the number of known inadmissible border crossers who
are denied entry, excluding those border crossers who
voluntarily withdraw their applications for admission; by
(B) the total estimated number of inadmissible border
crossers who attempt entry;
(2) an illicit drugs seizure rate, which compares the
amount and type of illicit drugs seized by the Office of
Field Operations of U.S. Customs and Border Protection in any
fiscal year to an average of the amount and type of illicit
drugs seized by U.S. Customs and Border Protection for the
immediately preceding 5 fiscal years;
(3) 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 of U.S. Customs and Border Protection; by
(B) the total documented cocaine flow rate at ports of
entry along the Southern land border;
(4) estimates, using alternative methodologies, including
survey data and randomized secondary screening data, of--
(A) total attempted inadmissible border crossers;
(B) the rate of apprehension of attempted inadmissible
border crossers; and
(C) the inflow into the United States of inadmissible
border crossers who evade apprehension;
(5) the number of infractions related to personnel and
cargo committed by major violators who are apprehended by the
Office of Field Operations of U.S. Customs and Border
Protection 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
border crossing times;
(7) the amount and type of illicit drugs seized by the
Office of Field Operations of U.S. Customs and Border
Protection at United States seaports during the previous
fiscal year; and
(8) a cargo scanning rate, which compares the number of
cargo containers scanned by the Office of Field Operations of
U.S. Customs and Border Protection at each United States
seaport during the previous fiscal year to the total number
of cargo containers entering the United States at each
seaport during the previous fiscal year.
(b) Metrics Consultation.--In developing the metrics
required under subsection (a), the Assistant Commissioner for
the Office of Field Operations shall consult with staff
members of the Office of Policy at the Department of Homeland
Security and staff members of the Office of the Chief
Financial Officer of the Department of Homeland Security.

SEC. __4. METRICS FOR SECURING THE MARITIME BORDER.

(a) In General.--Not later than 120 days after the date of
the enactment of this Act and annually thereafter, the
Commandant of the United States Coast Guard and the Assistant
Commissioner for the Office of Air and Marine for U.S.
Customs and Border Protection shall jointly implement
metrics, informed by situational awareness, to measure the
effectiveness of security in the maritime environment. The
metrics developed under this subsection shall include--
(1) an estimate of the total number of undocumented
migrants who were not interdicted by the Department of
Homeland Security's maritime security components;
(2) an undocumented migrant interdiction rate, which
compares the flow of undocumented migrants interdicted
against the total estimated number of undocumented migrants
who were not interdicted by the Department of Homeland
Security's maritime security components;
(3) an illicit drugs removal rate, which compares 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 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 5 fiscal years;
(4) an illicit drugs removal rate, which compares the
amount and type of illicit drugs removed by the Department of
Homeland Security's maritime security components outside a
transit zone in any fiscal year to an average of the amount
and type of illicit drugs removed by the Department of
Homeland Security's maritime security components outside a
transit zone for the immediately preceding 5 fiscal years;
(5) a cocaine removal effectiveness rate inside a transit
zone and outside a transit zone; and
(6) 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.
(b) Metrics Consultation.--In developing the metrics
required under subsection (a), the Commandant of the Coast
Guard and the Assistant Commissioner for Air and Marine shall
consult with staff members of the Office of Policy at the
Department of Homeland Security and staff members of the
Office of the Chief Financial Officer of the Department of
Homeland Security.

SEC. __5. 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 and annually thereafter, the
Assistant Commissioner for the Office of Air and Marine for
U.S. Customs and Border Protection shall implement metrics,
informed by situational awareness, to measure the
effectiveness of security in the aviation environment. The
metrics developed under this subsection shall include--
(1) a requirement effectiveness rate, which compares U.S.
Customs and Border Protection's Office of Air and Marine
flight hours requirements to the number of flight hours
actually flown by such Office;
(2) a funded flight hours effectiveness rate, which
compares the number of funded flight hours appropriated to
U.S. Customs and Border Protection's 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 U.S. Customs and Border Protection's Office
of Air and Marine to the number of aviation missions
cancelled by such Office due to weather, maintenance,
operations, or other causes;
(4) the number of subjects detected by U.S. Customs and
Border Protection's Office of Air and Marine through the use
of unmanned aerial systems;
(5) the number of apprehensions assisted by U.S. Customs
and Border Protection's Office of Air and Marine through the
use of unmanned aerial systems;
(6) the number and quantity of illicit drug seizures
assisted by U.S. Customs and Border Protection's Office of
Air and Marine through the use of unmanned aerial systems;
and
(7) a detailed description of how, where, and for how long
data and images collected through the use of unmanned aerial
systems by U.S. Customs and Border Protection is collected
and stored.
(b) Metrics Consultation.--In developing the metrics
required under subsection (a), the Assistant Commissioner for
Air and Marine shall consult with staff members of the Office
of Policy at the Department of Homeland Security and staff
members of the Office of the Chief Financial Officer of the
Department of Homeland Security.

SEC. __6. METRICS FOR SECURING THE BORDER ON FEDERAL LANDS.

(a) In General.--Not later than 120 days after the date of
the enactment of this Act and annually thereafter, the Chief
of the Border Patrol shall develop metrics, informed by
situational awareness, to measure the effectiveness of
security between ports of entry on Federal lands. The metrics
developed under this subsection shall include--
(1) an unlawful border crossing effectiveness rate, which
is informed by situational awareness;
(2) 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;
(3) a weight-to-frequency rate, which compares the average
weight of marijuana seized

[[Page S3791]]

per seizure by the Border Patrol in any fiscal year to such
weight-to-frequency rate for the immediately preceding 5
fiscal years;
(4) a situational awareness achievement metric, which
measures the amount of situational awareness achieved in each
Border Patrol sector;
(5) an illicit drugs seizure rate, which compares the
amount and type of illicit drugs seized by the Border Patrol
in any fiscal year to an average of the amount and type of
illicit drugs seized by the Border Patrol in the immediately
preceding 5 fiscal years;
(6) 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 Border Patrol; by
(B) the total documented cocaine flow rate between ports of
entry on Federal lands along the Southern land border;
(7) 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 inflow into the United States of unlawful border
crossers who evade apprehension.
(b) Metrics Consultation.--In developing the metrics
required under subsection (a), the Chief of the Border Patrol
shall consult with the Office of Policy of the Department of
Homeland Security and the Office of the Chief Financial
Officer of the Department of Homeland Security.

SEC. __7. EVALUATION BY THE GOVERNMENT ACCOUNTABILITY OFFICE.

(a) In General.--The metrics required under sections __2
through __6, and the data and methodology used to develop
such metrics, shall be provided annually to--
(1) the appropriate congressional committees;
(2) the Comptroller General of the United States; and
(3) the head of a national laboratory within the Department
of Homeland Security laboratory network with prior experience
in border security, who shall be selected by the Secretary of
Homeland Security.
(b) Report.--Not later than 270 days after receiving the
data and methodology referred to in subsection (a), and
annually thereafter for the following 10 years, the
Comptroller General of the United States, in consultation
with the individual selected under subsection (a)(3), shall
submit a report to the appropriate congressional committees
that--
(1) analyzes the suitability and statistical validity of
such data and methodology; and
(2) includes recommendations to the Secretary of Homeland
Security for other suitable metrics that may be used to
measure the effectiveness of border security.
______