# H.R. 399, the Secure Our Borders First Act of 2015: Report in Brief > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/crs%3AR43879 ## Record - **Collection:** Congressional research report - **Document type:** CRS Report - **Published:** January 27, 2015 - **Citation:** R43879 ## Text H.R. 399, the Secure Our Borders First Act of 2015: Report in Brief -name redactedSection Research Manager -name redactedSpecialist in Organized Crime and Terrorism January 27, 2015 Congressional Research Service 7-.... www.crs.gov R43879 H.R. 399, the Secure Our Borders First Act of 2015: Report in Brief Contents Introduction...................................................................................................................................... 1 Operational Control of the Borders ................................................................................................. 1 Border Technology, Infrastructure, and Fencing ....................................................................... 1 Operational Plan ........................................................................................................................ 4 Border Metrics ........................................................................................................................... 4 Border Security Verification Commission ................................................................................. 4 Biometric Entry-Exit System ........................................................................................................... 4 CBP Agents and Officers, and Federal Land ................................................................................... 6 CBP Agents and Officers ........................................................................................................... 6 Federal Land .............................................................................................................................. 7 Figures Figure 1. Sketch of Select Provisions in H.R. 399—Operational Control of the Border ................ 3 Figure 2. Biometric Exit Data System Implementation Timeline.................................................... 6 Tables Table A-1. Select Reporting Requirements in H.R. 399 .................................................................. 8 Appendixes Appendix. Reporting Requirements ................................................................................................ 8 Contacts Author Contact Information............................................................................................................. 9 Acknowledgments ........................................................................................................................... 9 Congressional Research Service H.R. 399, the Secure Our Borders First Act of 2015: Report in Brief Introduction The Secure Our Borders First Act of 2015 (H.R. 399) was introduced on January 16, 2015. On January 21, 2015, an amendment in the nature of a substitute to the bill was offered and marked up.1 The bill was also reported out of the House Homeland Security Committee on January 21, 2015. This report provides a summary of select provisions in the bill that fall under two major headings—Operational Control of the Borders and Biometric Entry and Exit System. The report concludes with a brief description of additional provisions collected under a third heading—CBP Agents and Officers, and Federal Land. Figure 1 provides a brief sketch of select provisions in H.R. 399 concerning operational control of the border, Figure 2 briefly sketches the implementation timeline of the biometric exit data system, and the Appendix lists the reporting requirements in the bill. Operational Control of the Borders One of the cornerstones of H.R. 399 is the requirement that the Secretary of Homeland Security (Secretary) gains situational awareness and operational control over both the southern and northern borders. For the southern border, H.R. 399 would require that certain elements be met within a specified time period in order for the Secretary to attest2 that he has achieved operational control over the border. Border Technology, Infrastructure, and Fencing Figure 1 provides an overview of the bill’s provisions that would require the Secretary to gain situational awareness and operational control over the southern border. As indicated in Figure 1, operational control3 is defined as the prevention of all unlawful entries. Section 3(b-c) of the bill would require that certain elements be met as part of achieving situational awareness and operational control of the border, including the following: • The deployment of certain types of technology in specified southern border patrol sectors within one year of enactment.4 • Section 7 of the bill would permit the Chief of the Border Patrol to alter the deployment of such technology if he determines (after consultation with Congress5) that the principal border security threats outlined in the Operational Plan (see “Operational Plan”) necessitate such alteration. 1 Representative Candice Miller offered the amendment in the nature of a substitute to H.R. 399. See the Appendix. 3 The bill would adopt the language found in the Secure Fence Act of 2006 (§2(b) of P.L. 109-367). 4 The bill specifies, at a minimum, which types of technology to be deployed and in which border patrol sector. 5 The appropriate congressional committees. 2 Congressional Research Service 1 H.R. 399, the Secure Our Borders First Act of 2015: Report in Brief • In addition to what has already has been constructed, the erection of fencing in specified southern border patrol sectors within 18 months of enactment.6 The bill makes a distinction between “fencing” and “vehicle fence.”7 • In addition to what has already has been erected, the erection of vehicle fencing in the Big Bend Sector within one year of enactment.8 • The completion of road construction and road maintenance projects in specified border patrol sectors within 18 months of enactment.9 • In addition to what is already in existence, the construction of boat ramps in specified border patrol sectors within 180 days of enactment.10 • The construction of an access gate in the Rio Grande Valley sector within 180 days of enactment. • The construction of forward operating bases in specified border patrol sectors within one year of enactment.11 Figure 1, below, depicts provisions in H.R. 399 that would require the Secretary to gain situational awareness and operational control of the southern border. 6 The bill specifies, at a minimum, how many miles of fence and the type of fence to be erected and in which border patrol sectors. 7 “Fencing” is erected to prevent pedestrians from unlawfully crossing the border, while the construction of “vehicle fencing” provides a barrier to prevent vehicles from illegally crossing the border. 8 The bill specifies six miles of fencing. 9 The bill specifies, at a minimum, which types of projects to be completed and in which border patrol sectors. 10 The bill specifies, at a minimum, how many ramps to be constructed and in which border patrol sectors. 11 The bill specifies, at a minimum, how many bases to be constructed and in which border patrol sectors. It also specifies the requirements for these bases. Congressional Research Service 2 H.R. 399, the Secure Our Borders First Act of 2015: Report in Brief Figure 1. Sketch of Select Provisions in H.R. 399—Operational Control of the Border Source: CRS analysis of H.R. 399. Congressional Research Service 3 H.R. 399, the Secure Our Borders First Act of 2015: Report in Brief Although not a part of what would be required to gain situational awareness and operational control of the border, Section 15(c) of H.R. 399 contains similar requirements for technological deployments at the northern border.12 H.R. 399 would also permit the Chief of the Border Patrol to alter the deployment if he determines (after consultation with Congress13) that the principal border security threats outlined in the threat analysis necessitate such alteration.14 Operational Plan As iterated in Figure 1, Section 3(f) of H.R. 399 would require the Secretary to submit an operational plan. The bill would require the plan to include a variety of items such as an assessment of principal border security threats, a description of the staffing requirements for all of the border security functions of the border security components in the Department of Homeland Security (DHS), a prioritized list of research and development objectives to enhance the security of U.S. international borders, and identification of impediments to the deployment of technologies (see “Border Technology, Infrastructure, and Fencing”). Border Metrics Section 3(h) of H.R. 399 would require the development of metrics for each of the four functional zones along the border—land (at and between ports of entry), air, and sea ports of entry—within 120 days of enactment.15 Figure 1 provides a brief overview of such metrics. The bill specifies what should be included in each metric for each functional zone along the border. The bill would require that such metrics and their data and methodology be made available to the appropriate congressional committees, the Border Security Verification Commission, and the Comptroller General of the United States. Border Security Verification Commission Section 4 of H.R. 399 would create a Border Security Verification Commission (BSVC) to certify whether DHS has established situational awareness and operational control of the border (see Figure 1). The bill specifies the composition of the BSVC, among other things. Biometric Entry-Exit System Section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA, P.L. 104-208, Div. C) required the Attorney General, within two years of enactment 12 The bill specifies, at a minimum, which types of technology to be deployed and in which border patrol sectors along the northern border. While such deployments at the southern border would need to be completed within one year of enactment, the bill would require these deployments at the northern border to be completed within 18 months of enactment. 13 The appropriate congressional committees. 14 Section 15(a) of the bill would require a threat assessment of the northern border. 15 After the submission of the first set of metrics (within 120 days of enactment of the act), H.R. 399 would require metrics to be submitted annually. Congressional Research Service 4 H.R. 399, the Secure Our Borders First Act of 2015: Report in Brief (i.e., by September 30, 1998), to develop an automated entry and exit control system that would collect records of alien arrivals and departures and allow the Attorney General, through online searches, to match such arrivals and departures and thereby identify nonimmigrant aliens who remain in the United States beyond the periods of their visas. Congress has amended the system’s requirements and deadlines on several occasions since then, including by adding an entry-exit requirement to legislation authorizing the Visa Waiver Program and by requiring the entry-exit system to include biometric technology and be fully interoperable with the Departments of State and Justice databases.16 Section 14 of H.R. 399 would require the Secretary to submit an implementation plan to execute a biometric exit data system. The bill would create a six-month pilot program to test the biometric exit system, which would precede the implementation of the roll out of the program. The bill sets forth staggered deadlines for full implementation of the entry-exit system (see Figure 2). H.R. 399 would require the Secretary to submit an implementation plan to the relevant committees of Congress. Similar to other provisions, the bill would establish penalties levied against DHS political appointees for failing to meet the requirements by the deadline it mandates. 16 For additional information, see CRS Report R43356, Border Security: Immigration Inspections at Ports of Entry. Congressional Research Service 5 H.R. 399, the Secure Our Borders First Act of 2015: Report in Brief Figure 2. Biometric Exit Data System Implementation Timeline Source: CRS analysis of H.R. 399. CBP Agents and Officers, and Federal Land This section briefly describes select provisions in H.R. 399 pertaining to Customs and Border Protection (CBP) agents and officers, and a prohibition on acts that might impede border security on federal land. CBP Agents and Officers Section 9 of H.R. 399 would require components of CBP to maintain a minimum number of personnel: • The Border Patrol would be required to maintain at least 21,370 active duty Border Patrol agents. Congressional Research Service 6 H.R. 399, the Secure Our Borders First Act of 2015: Report in Brief • The Office of Field Operations (OFO)17 would be required to maintain at least 23,775 officers. • The Office of Air and Marine (OAM) would be required to maintain at least 1,675 agents.18 Section 12(a) of the bill would permit the Chief of the Border Patrol to transfer agents, who desire such transfer, to high traffic areas; and, Section 12(b) would permit the Chief of the Border Patrol to provide an incentive bonus to such agents.19 Federal Land Section 13 of H.R. 399 would prohibit the Secretaries of Interior or Agriculture from impeding, prohibiting, or restricting CBP activities on federal land (that is under their respective jurisdictions) within 100 miles of the international border with Mexico or Canada. It also lists activities that CBP would be authorized to engage in on federal land, among other things. 17 OFO staff the nation’s POEs. The bill also specifies minimum flight hours for OAM and its unmanned aerial systems. 19 Section 12(c) would authorize $30 million in appropriations for each fiscal year to fund the incentive bonuses. (While the provision does not specify which fiscal years, the last section in the bill, which authorizes appropriations for the entire bill, specifies FY2016-FY2025.) 18 Congressional Research Service 7 H.R. 399, the Secure Our Borders First Act of 2015: Report in Brief Appendix. Reporting Requirements Table A-1 lists the various reports and plans H.R. 399 would require. Table A-1. Select Reporting Requirements in H.R. 399 Responsible Individual Retriever of Report Assess and describe state of situational awareness and operational control along both borders Secretary of Homeland Security Congress, the BSVC, and GAO Initial report—within 30 days of enactment; subsequent reports every 180 days for the first two years and annually thereafter Verification of the data and methodology used to ascertain high-traffic areas and unlawful border crossing effectiveness rate Comptroller General (GAO) Congress and the BSVC Within 90 days of receiving the aforementioned initial report Operational Plan (see “Operational Plan”) Secretary of Homeland Security Congress, the BSVC, and GAO Within 120 days of enactment and 180 days after the submission of each Quadrennial Homeland Security review Review of the Operational Plan GAO Congress and the BSVC Within 90 days after receiving the Operational Plan Certification of the accuracy of operational control BSVC Congress Within 120 days after conducting a review of DHS’s notification of achieving operational control Suitability and statistical validity of the metrics data and methodology GAO Congress and the BSVC Within 270 days after receiving the metrics data and methodology Notification that operational control is being maintained Secretary of Homeland Security Congress and the BSVC Annually, beginning with the year after the Secretary first submits notification that operational control is being maintained A revised plan to achieve situational awareness and/or operational control (In a case where one or both has not been achieved by the deadline) Secretary of Homeland Security Congress and the BSVC Within 180 days (of deadline) Results of metrics review BSVC Congress Within 120 days after conducting a review of the metrics required by Sec. 3(h) Various reports on the entry-exit system from DHS component agencies Secretary of Homeland Security Congress Within 90 days of enactment A plan to establish a biometric entry and exit system Secretary of Homeland Security Congress Within 180 days of enactment Report Congressional Research Service Deadline 8 H.R. 399, the Secure Our Borders First Act of 2015: Report in Brief Responsible Individual Retriever of Report A plan for DHS to acquire and deploy aviation capabilities along the southern border Secretary of Homeland Security Congress and the BSVC Within 180 days of enactment Operating hours of unmanned aerial systems Office of Air & Marine Congress Annually Resource allocation model at all POEs and measures that are necessary to achieve reductions in wait times at land POEs Secretary of Homeland Security Congress Within 60 days of enactment and annually thereafter Northern border threat analysis Secretary of Homeland Security Congress Within six months of enactment Expenditure of grants made under the Operation Stonegarden program Administrator of the program Congress Annually Report Deadline Source: H.R. 399. Notes: Congress—appropriate congressional committees; BSVC—Border Security Verification Commission; GAO—Government Accountability Office. Author Contact Information (name redacted) Section Research Manager -redacted-@crs.loc.gov, 7-.... (name redacted) Specialist in Organized Crime and Terrorism -redacted-@crs.loc.gov, 7-.... Acknowledgments Amber Wilhelm, CRS Graphics Specialist, created Figure 2. Congressional Research Service 9 EveryCRSReport.com The Congressional Research Service (CRS) is a federal legislative branch agency, housed inside the Library of Congress, charged with providing the United States Congress non-partisan advice on issues that may come before Congress. EveryCRSReport.com republishes CRS reports that are available to all Congressional staff. The reports are not classified, and Members of Congress routinely make individual reports available to the public. 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