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Bill
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Title III — Gaining Operational Control of America’s Borders

H.R. 2124 · 113th Congress · May 23, 2013 · Lineage

III Gaining Operational Control of America’s Borders

Sec. 301 Automated entry-exit control system

(a)
System— Not later than 2 years after the date of the enactment of this Act, the Secretary shall develop the biometric automated entry and exit control system required by Sec. 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104–208), which was duly enacted by Congress and signed into law.
(b)
Pilot exit programs— Not later than 6 months after the date of enactment of this Act, the Secretary shall establish biometric exit pilot programs at a minimum of 10 land ports of entry, including at least two each in California, Arizona, New Mexico, and Texas, and at least two on the United States-Canada border.
(c)
Purpose— Such pilot programs, at a minimum shall match all nonimmigrant visa holders who depart the United States through the pilot port with their initial entry into the United States and report whether they departed within the terms of their visas.
(d)
DHS Report— The Secretary shall report to Congress no later than one year after the date of enactment of this Act, and every 6 months thereafter, on the effectiveness of the pilot programs, including—
(1)
what percentage of aliens leaving the United States through the pilot ports were tracked through the pilot;
(2)
what percentage of tracked aliens violated the duration of their visas; and
(3)
the rate of visa compliance by nonimmigrant visa type.
(e)
GAO Report— The General Accountability Office shall report to Congress no later than one year after the date of enactment of this Act on the effectiveness of the pilot programs and recommendations for improving their effectiveness and expanding them nationwide.

Sec. 302 Measuring border security

(a)
In general— The Department of Homeland Security shall assess the effectiveness of border enforcement strategies and tools by using the metric of operational control.
(b)
Operational Control Defined— In this section, the term operational control means the prevention of all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband.
(c)
DHS report— Not later than 1 year after the date of the enactment of this Act and annually thereafter, the Secretary shall submit to Congress a report on the progress made toward achieving and maintaining operational control over the entire international land and maritime borders of the United States in accordance with this section.
(d)
GAO report— Not later than 1 year after the date of the enactment of this Act and annually thereafter, the General Accountability Office shall submit to Congress a report on the progress made toward achieving and maintaining operational control over the entire international land and maritime borders of the United States in accordance with this section.

Sec. 303 National strategy to achieve operational control of America’s borders

(a)
Requirement for national strategy— The Secretary, in consultation with the heads of other appropriate Federal agencies, shall develop a national strategy to secure the borders that describes actions to be carried out to achieve operational control over all ports of entry into the United States and the international land and maritime borders of the United States by December 31, 2015.
(b)
Content— The national strategy to secure the borders shall include the following:
(1)
An assessment of the threats posed by terrorists and terrorist groups that may try to infiltrate the United States at locations along the international land and maritime borders of the United States.
(2)
A risk assessment for all United States ports of entry and all portions of the international land and maritime borders of the United States that includes a description of activities being undertaken—
(A)
to prevent the entry of terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband into the United States; and
(B)
to protect critical infrastructure at or near such ports of entry or borders.
(3)
An assessment of the most appropriate, practical, and cost-effective means of defending the international land and maritime borders of the United States against threats to security and illegal transit, including intelligence capacities, technology, equipment, personnel, and training needed to address security vulnerabilities.
(4)
An assessment of staffing needs for all border security functions, taking into account threat and vulnerability information pertaining to the borders and the impact of new security programs, policies, and technologies.
(5)
A description of the border security roles and missions of Federal Government, State government, local government, and tribal authorities, and recommendations regarding actions the Secretary can carry out to improve coordination with such authorities to enable border security and enforcement activities to be carried out in a more efficient and effective manner.
(6)
An assessment of existing efforts and technologies used for border security and the effect of the use of such efforts and technologies on the safety, civil rights, private property rights, privacy rights, and civil liberties, including the effects on Americans living in the border region and local, State, and Federal law enforcement officers working in the border region.
(7)
A prioritized list of research and development objectives to enhance the security of the international land and maritime borders of the United States.
(8)
An assessment of additional detention facilities and beds that are needed to detain unlawful aliens apprehended at United States ports of entry or along the international land borders of the United States.
(9)
A schedule for the implementation of the security measures described in said strategy, including a prioritization of security measures, realistic deadlines for addressing the security and enforcement needs, an estimate of the resources needed to carry out such measures, and a description of how such resources should be allocated.
(c)
Consultation— In developing the national strategy for border security, the Secretary shall consult with representatives of—
(1)
State, local, and tribal governmental authorities with responsibility for locations along the international land and maritime borders of the United States; and
(2)
appropriate private sector entities, nongovernmental organizations, and affected communities that have expertise in areas related to border security.
(d)
Coordination— The national strategy for border security shall be consistent with the National Strategy for Maritime Security developed pursuant to Homeland Security Presidential Directive 13, dated December 21, 2004.
(e)
Submission to Congress—
(1)
Strategy— Not later than December 31, 2013, the Secretary shall submit to Congress the national strategy to achieve operational control of U.S. borders.
(2)
Updates— The Secretary shall submit to Congress any update of such strategy that the Secretary determines is necessary, not later than 30 days after such update is developed.
(f)
Immediate action— Nothing in this section may be construed to relieve the Secretary of the responsibility to take all actions necessary and appropriate to achieve and maintain immediate operational control over the entire international land and maritime borders of the United States.

Sec. 304 Improving border technology

(a)
Equipment sharing between department of homeland security and department of defense— The Secretaries of these 2 departments shall develop and implement a plan to use authorities provided to the Secretary of Defense under chapter 18 of title 10, United States Code, to increase the availability and use of Department of Defense equipment, including unmanned aerial vehicles, tethered aerostat radars, and other surveillance equipment, to assist the Secretary in carrying out surveillance activities conducted at or near the international land borders of the United States to prevent illegal immigration.
(b)
Report— Not later than 6 months after the date of enactment of this Act (and then annually from that point), the Secretary and the Secretary of Defense shall submit to Congress a report that contains—
(1)
a description of the current use of Department of Defense equipment to assist the Secretary in carrying out surveillance of the international land borders of the United States and assessment of the potential risks to citizens of the United States and key foreign policy interests associated with the use of such equipment;
(2)
the plan developed under subsection (a) to increase the use of Department of Defense equipment to assist such surveillance activities; and
(3)
a description of the types of equipment and other support to be provided by the Secretary of Defense under such plan during the 1-year period beginning on the date of the submission of the report.
(c)
Secure communication— The secretary shall, as expeditiously as practicable, develop and implement a plan to improve the use of satellite communications and other technologies to ensure clear and secure 2-way communication capabilities—
(1)
among all Border Patrol agents conducting operations between ports of entry;
(2)
between Border Patrol agents and their respective Border Patrol stations; and
(3)
between all appropriate law enforcement agencies of the Department and State, local, and tribal law enforcement agencies.
(d)
Other technology upgrades— The Secretary shall purchase and implement new technology to secure the borders, including, but not limited to drones, infrared cameras, sensors, mobile lighting units, radar and infrared heat.

Sec. 305 Ensuring the safety of border patrol agents

(a)
Body armor— The Secretary shall ensure that every agent on duty is issued high-quality body armor that is appropriate for the climate and risks faced by the agent. Enough body armor must be purchased to cover every agent in the field.
(b)
Weapons— The Secretary shall ensure that agents are equipped with weapons, including long-guns, that are reliable and effective to protect themselves, their fellow agents, and innocent third parties from the threats posed by armed criminals. The Secretary shall ensure that the policies of the Department authorize all agents to carry weapons that are suited to the potential threats that they face, and that all agents receive appropriate training in the use of such weapons.