Sec. 301. Homeland security statistics and metrics
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statistics and metrics Section 701 of the Homeland Security Act of 2002 ( 6 U.S.C. 341 ) is amended by striking subsection
(b)and inserting the following: The Under Secretary for Management shall— establish standards of reliability and validity for statistical data collected and analyzed by the Department; be provided with statistical data maintained by the Department regarding the operations of the Department; conduct or oversee analysis and reporting of such data by the Department as required by law or directed by the Secretary; and ensure the accuracy of metrics and statistical data provided to Congress. There shall be transferred to the Under Secretary for Management the maintenance of all immigration statistical information of U.S. Customs and Border Protection and U.S. Citizenship and Immigration Services, which shall include information and statistics of the type contained in the publication entitled Yearbook of Immigration Statistics prepared by the Office of Immigration Statistics, including region-by-region statistics on the aggregate number of applications and petitions filed by an alien (or filed on behalf of an alien) and denied, and the reasons for such denials, disaggregated by category of denial and application or petition type. .
(a)Section 478(a) of the Homeland Security Act of 2002 ( 6 U.S.C. 298(a) ) is amended— in paragraph (1), by striking to the Committees on the Judiciary and Government Reform of the House of Representatives, and to the Committees on the Judiciary and Government Affairs of the Senate, and inserting the Committee on the Judiciary of the Senate, the Committee on the Judiciary of the House of Representatives, and the congressional homeland security committees ; and in paragraph (2), by adding at the end the following: The number of persons known to have overstayed the terms of their visa, by visa type. An estimated percentage of persons believed to have overstayed their visa, by visa type. A description of immigration enforcement actions. .
(b)In this subsection: The term appropriate congressional committees means— the Committee on Homeland Security and Governmental Affairs of the Senate ; the Committee on Homeland Security of the House of Representatives ; the Committee on the Judiciary of the Senate ; and the Committee on the Judiciary of the House of Representatives . 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. The term got away means an unlawful border crosser who— is directly or indirectly observed making an unlawful entry into the United States; and is not a turn back and is not apprehended. The term known migrant flow means the sum of the number of undocumented migrants— interdicted at sea; identified at sea, but not interdicted; that successfully entered the United States through the maritime border; or not described in clause (i), (ii), or (iii), which were otherwise reported, with a significant degree of certainty, as having entered, or attempted to enter, the United States through the maritime border. 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— possession of illicit drugs; smuggling of prohibited products; human smuggling; weapons possession; use of fraudulent United States documents; or other offenses that are serious enough to result in arrest. The term situational awareness means knowledge and unified understanding of current unlawful cross-border activity, including— 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; and the operational capability to conduct persistent and integrated surveillance of the international borders of the United States. 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. 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. The term unlawful border crossing effectiveness rate means the percentage that results from dividing— the number of apprehensions and turn backs; and the number of apprehensions, estimated unlawful entries, turn backs, and got aways. 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. Not later than 120 days after the date of enactment of this Act, the Secretary 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 subparagraph , which shall include— estimates, using alternative methodologies, including recidivism data, survey data, known-flow data, and technologically measured data, of— total attempted unlawful border crossings; the rate of apprehension of attempted unlawful border crossers; and the number of unlawful entries; a situational awareness achievement metric, which measures situational awareness achieved in each Border Patrol sector; an unlawful border crossing effectiveness rate; 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 clause (i); 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; 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; estimates of the impact of the Consequence Delivery System on the rate of recidivism of unlawful border crossers over multiple fiscal years; and an examination of each consequence referred to in clause (vii), including— voluntary return; warrant of arrest or notice to appear; expedited removal; reinstatement of removal; alien transfer exit program; Operation Streamline; standard prosecution; and Operation Against Smugglers Initiative on Safety and Security. In developing the metrics required under subparagraph (A), the Secretary shall— consult with the appropriate components of the Department; and 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. The data used by the Secretary shall be collected and reported in a consistent and standardized manner across all Border Patrol sectors, informed by situational awareness. Not later than 120 days after the date of enactment of this Act, the Secretary 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 subparagraph , which shall include— estimates, using alternative methodologies, including survey data and randomized secondary screening data, of— total attempted inadmissible border crossings; the rate of apprehension of attempted inadmissible border crossings; and the number of unlawful entries; 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; 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; 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— the amount of cocaine seized by the Office of Field Operations; and the total estimated cocaine flow rate at ports of entry along the land border; 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; a measurement of how border security operations affect crossing times, including— a wait time ratio that compares the average wait times to total commercial and private vehicular traffic volumes at each port of entry; an infrastructure capacity utilization rate that measures traffic volume against the physical and staffing capacity at each port of entry; a secondary examination rate that measures the frequency of secondary examinations at each port of entry; and an enforcement rate that measures the effectiveness of secondary examinations at detecting major violators; and a cargo scanning rate that includes— 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; the percentage of all cargo that is considered high-risk cargo; and the percentage of high-risk cargo scanned— upon arrival at a United States seaport before entering United States commerce; and before being laden on a vessel destined for the United States. In developing the metrics required under subparagraph (A), the Secretary shall— consult with the appropriate components of the Department; and 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. The data used by the Secretary shall be collected and reported in a consistent and standardized manner across all field offices, informed by situational awareness. Not later than 120 days after the date of enactment of this Act, the Secretary 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 subparagraph , which shall include— situational awareness achieved in the maritime environment; an undocumented migrant interdiction rate, which compares the migrants interdicted at sea to the total known migrant flow; 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’s maritime security components in any fiscal year to the average of the amount and type of illicit drugs removed by the Department’s maritime components for in the immediately preceding 5 fiscal years; 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’s maritime security components 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 to respond to and resolve known maritime threats, whether inside and 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; and an intergovernmental response rate, which compares the ability of the maritime security components of the Department 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. In developing the metrics required under subparagraph (A), the Secretary shall— consult with the appropriate components of the Department; and 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. The data used by the Secretary shall be collected and reported in a consistent and standardized manner, informed by situational awareness. Not later than 120 days after the date of enactment of this Act, the Secretary 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 subparagraph , which shall include— an effectiveness rate, which compares Office of Air and Marine flight hours requirements to the number of flight hours flown by such Office; 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; 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; the number of missions cancelled by such Office due to weather compared to the total planned missions; the number of subjects detected by the Office of Air and Marine through the use of unmanned aerial systems and manned aircrafts; the number of apprehensions assisted by the Office of Air and Marine through the use of unmanned aerial systems and manned aircrafts; 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 the number of times that usable intelligence related to border security was obtained through the use of unmanned aerial systems and manned aircraft. In developing the metrics required under subparagraph (A), the Secretary shall— consult with the appropriate components of the Department; and as appropriate, work with other agencies, including the Department of Justice, to ensure that authoritative data sources are utilized. The data used by the Secretary shall be collected and reported in a consistent and standardized manner, informed by situational awareness. The Secretary shall— 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 communities , and law enforcement communities; and provide the Office of Immigration Statistics of the Department with unfettered access to the data described in paragraph (1). The Secretary shall submit an annual report containing the metrics required under paragraphs
(2)through
(5)of subsection
(b)and the data and methodology used to develop such metrics to— the appropriate congressional committees; and the Comptroller General of the United States. The Secretary, for the purpose of validation and verification, may submit the annual report described in subparagraph
(A)to— the National Center for Border Security and Immigration; the head of a national laboratory within the Department laboratory network with prior expertise in border security; and
(iii)a Federally Funded Research and Development Center sponsored by the Department. Not later than 270 days after receiving the first report under paragraph (1)(A), and biennially thereafter for the following 10 years, the Comptroller General of the United States , shall submit a report to the appropriate congressional committees that— analyzes the suitability and statistical validity of the data and methodology contained in such the report submitted under paragraph (1)(A) ; and includes recommendations to Congress on— the feasibility of other suitable metrics that may be used to measure the effectiveness of border security; and improvements that need to be made to the metrics being used to measure the effectiveness of border security. Not later than 60 days after the end of each fiscal year through fiscal year 2025, the Secretary shall submit a State of the Border report to the appropriate congressional committees that— provides trends for each metric under paragraphs
(2)through
(5)of subsection
(b)for the last 10 years, to the extent possible; provides selected analysis into related aspects of illegal flow rates, including legal flows and stock estimation techniques; and includes any other information that the Secretary determines appropriate. After submitting the final report to the Comptroller General under paragraph (1), the Secretary may reevaluate and update any of the metrics required under paragraphs
(2)through
(5)of subsection
(b)to ensure that such metrics— meet the Department’s performance management needs; and are suitable to measure the effectiveness of border security. Not later than 30 days before updating the metrics under subparagraph (A), the Secretary shall notify the appropriate congressional committees of such updates.
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