6 U.S.C. § 223 — Border security metrics

the Committee on Homeland^* Security and Governmental Affairs of the Senate; and

the Committee on Homeland Security of the House of Representatives.

is directly or indirectly observed making an unlawful entry into the United States;

is not apprehended; and

is not a turn back.

interdicted in the waters over which the United States has jurisdiction;

identified at sea either directly or indirectly, but not interdicted;

if not described in subparagraph (A) or (B), who were otherwise reported, with a significant degree of certainty, as having entered, or attempted to enter, the United States through the maritime border.

Possession of illicit drugs.

Smuggling of prohibited products.

Human smuggling.

Possession of illegal weapons.

Use of fraudulent documents.

Any other offense that is serious enough to result in an arrest.

Threats and trends concerning illicit trafficking and unlawful crossings.

The ability to forecast future shifts in such threats and trends.

The ability to evaluate such threats and trends at a level sufficient to create actionable plans.

The operational capability to conduct persistent and integrated surveillance of the international borders of the United States.

Estimates, using alternative methodologies where appropriate, including recidivism data, survey data, known-flow data, and technologically-measured data, of the following:

A measurement of situational awareness achieved in each U.S. Border Patrol sector.

An unlawful border crossing effectiveness rate in each U.S. Border Patrol sector.

A probability of detection rate, which compares the estimated total unlawful border crossing attempts not detected by U.S. Border Patrol to the unlawful border crossing effectiveness rate under subparagraph (C), as informed by subparagraph (A).

The number of apprehensions in each U.S. Border Patrol sector.

The number of apprehensions of unaccompanied alien children, and the nationality of such children, in each U.S. Border Patrol sector.

The number of apprehensions of family units, and the nationality of such family units, in each U.S. Border Patrol sector.

An illicit drugs seizure rate for drugs seized by U.S. Border Patrol between ports of entry, which compares the ratio of the amount and type of illicit drugs seized between ports of entry in any fiscal year to the average of the amount and type of illicit drugs seized between ports of entry in the immediately preceding five fiscal years.

Estimates of the impact of the Consequence Delivery System on the rate of recidivism of unlawful border crossers over multiple fiscal years.

An examination of each consequence under the Consequence Delivery System referred to in subparagraph (I), including the following:

consult with the heads of the appropriate components of the Department of Homeland Security; and

where appropriate, with the heads of 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.

Estimates, using alternative methodologies where appropriate, including recidivism data, survey data, and randomized secondary screening data, of the following:

The amount and type of illicit drugs seized by the Office of Field Operations of U.S. Customs and Border Protection at ports of entry during the previous fiscal year.

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 five fiscal years.

The number of infractions related to travelers and cargo committed by major violators who are interdicted by the Office of Field Operations at ports of entry, and the estimated number of such infractions committed by major violators who are not so interdicted.

In consultation with the heads of 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 the amount of cocaine seized by the Office of Field Operations by the total estimated cocaine flow rate at ports of entry along the United States land border with Mexico and Canada.

A measurement of how border security operations affect crossing times, including the following:

A seaport scanning rate that includes the following:

consult with the heads of the appropriate components of the Department of Homeland Security; and

where appropriate, work with heads of other appropriate 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.

Situational awareness achieved in the maritime environment.

A known maritime migrant flow rate.

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 maritime security components of the Department of Homeland Security in any fiscal year to the average of the amount and type of illicit drugs removed by such maritime components for the immediately preceding five fiscal years.

In consultation with the heads of 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 maritime security components of the Department of Homeland Security by the total documented cocaine flow rate, as contained in Federal drug databases.

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 or 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.

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 a transit zone, with the number of such threats detected.

consult with the heads of the appropriate components of the Department of Homeland Security; and

where appropriate, work with the heads of other agencies, including the Drug Enforcement Agency^*, the Department of Defense, and the Department of Justice.

A flight hour effectiveness rate, which compares Air and Marine Operations flight hours requirements to the number of flight hours flown by Air and Marine Operations.

A funded flight hour effectiveness rate, which compares the number of funded flight hours appropriated to Air and Marine Operations to the number of actual flight hours flown by Air and Marine Operations.

A readiness rate, which compares the number of aviation missions flown by Air and Marine Operations to the number of aviation missions cancelled by Air and Marine Operations due to maintenance, operations, or other causes.

The number of missions cancelled by Air and Marine Operations due to weather compared to the total planned missions.

The number of individuals detected by Air and Marine Operations through the use of unmanned aerial systems and manned aircraft.

The number of apprehensions assisted by Air and Marine Operations through the use of unmanned aerial systems and manned aircraft.

The number and quantity of illicit drug seizures assisted by Air and Marine Operations through the use of unmanned aerial systems and manned aircraft.

The number of times that actionable intelligence related to border security was obtained through the use of unmanned aerial systems and manned aircraft.

consult with the heads of the appropriate components of the Department of Homeland Security; and

as appropriate, work with the heads of other departments and agencies, including the Department of Justice.

The Secretary shall submit to the appropriate congressional committees and the Comptroller General of the United States an annual report containing the metrics required under this section and the data and methodology used to develop such metrics.

The Secretary, for the purpose of validation and verification, may submit the annual report described in subparagraph (A) to—

analyzes the suitability and statistical validity of the data and methodology contained in each such report; and

includes recommendations on—

provides trends for each metric under this section for the last ten fiscal years, to the greatest extent possible;

provides selected analysis into related aspects of illegal flow rates, including undocumented migrant flows and stock estimation techniques;

provides selected analysis into related aspects of legal flow rates; and

includes any other information that the Secretary determines appropriate.

After submitting the tenth report to the Comptroller General under paragraph (1), the Secretary may reevaluate and update any of the metrics developed in accordance with this section to ensure that such metrics are suitable to measure the effectiveness of border security.

Not later than 30 days before updating the metrics pursuant to subparagraph (A), the Secretary shall notify the appropriate congressional committees of such updates.