IB 

Union Calendar No. 6 

114TH CONGRESS 

1ST SESSION H. R. 399 

[Report No. 114–10, Part I] 

To require the Secretary of Homeland Security to gain and maintain operational control of the international borders of the United States, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 16, 2015 

Mr. MCCAUL (for himself, Mrs. MILLER of Michigan, Mr. SESSIONS, Mr. POE

of Texas, Mr. WILLIAMS, Mr. FLORES, Mr. OLSON, Mr. BISHOP of Utah, 

Ms. MCSALLY, Mr. HURD of Texas, Mr. CULBERSON, Mr. FARENTHOLD, 

Mr. RATCLIFFE, Mr. CARTER of Texas, and Mr. BUCSHON) introduced 

the following bill; which was referred to the Committee on Homeland Security, and in addition to the Committees on Armed Services, Natural 

Resources, and Agriculture, for a period to be subsequently determined 

by the Speaker, in each case for consideration of such provisions as fall 

within the jurisdiction of the committee concerned 

JANUARY 27, 2015 

Additional sponsors: Mr. CLAWSON of Florida, Mr. PALAZZO, Mr. KING of 

New York, Mr. NEUGEBAUER, Mr. PERRY, Mr. COFFMAN, Mr. HARDY, 

Mr. KATKO, Mr. CARTER of Georgia, Mr. JOLLY, Ms. GRANGER, Mr. 

LONG, Mr. GOODLATTE, Mr. BRADY of Texas, and Mr. BARTON

JANUARY 27, 2015 

Reported from the Committee on Homeland Security with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on January 16, 2015] 

JANUARY 27, 2015 

The Committees on Armed Services, Natural Resources, and Agriculture discharged; committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

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A BILL 

To require the Secretary of Homeland Security to gain and 

maintain operational control of the international borders 

of the United States, and for other purposes. 

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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the ‘‘Se5 cure Our Borders First Act of 2015’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; Table of contents. 

Sec. 2. Reports on current border security status. 

Sec. 3. Operational control of the border. 

Sec. 4. Establishment of Border Security Verification Commission. 

Sec. 5. Required consequence. 

Sec. 6. Patrol by the Border Patrol of physical land border. 

Sec. 7. Tactical flexibility. 

Sec. 8. Deployment of certain aviation assets to the southern land border. 

Sec. 9. U.S. Customs and Border Protection officer and agent authorization. 

Sec. 10. Office of Air and Marine flight hours. 

Sec. 11. Air and Marine prioritization. 

Sec. 12. Border Patrol flexibility. 

Sec. 13. Prohibition on actions that impede border security on certain Federal 

land. 

Sec. 14. Biometric exit data system. 

Sec. 15. Northern border threat analysis. 

Sec. 16. Operation Stonegarden program. 

Sec. 17. Sale or donation of excess personal property for border security activities. 

Sec. 18. Reimbursement of States for deployment of National Guard to the southern land border. 

Sec. 19. Operation of the Border Patrol. 

Sec. 20. Definitions. 

Sec. 21. Authorization of appropriations. 

8 SEC. 2. REPORTS ON CURRENT BORDER SECURITY STATUS. 

9 (a) IN GENERAL.— 

10 (1) REPORTS.—The Secretary of Homeland Se11 curity shall submit to the appropriate congressional 

12 committees, the Border Security Verification Commis13 sion (BSVC), and the Government Accountability Of14 fice reports that assess and describe the state of situamstockstill on DSK4VPTVN1PROD with BILLS

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1 tional awareness and operational control along the 

2 northern and southern land borders of the United 

3 States. Such reports shall include an identification of 

4 the high traffic areas and the unlawful border cross5 ing effectiveness rate for each sector along the north6 ern and southern land borders of the United States 

7 that are within the responsibility of the Border Pa8 trol. 

9 (2) DEADLINES.—The reports required under 

10 paragraph (1) shall be submitted as follows: 

11 (A) The first such report shall be submitted 

12 by not later than 30 days after the date of the 

13 enactment of this Act. 

14 (B) During the two-year period beginning 

15 on the date of the submission of such first report, 

16 such reports shall be submitted every 180 days. 

17 (C) During the period beginning on the date 

18 that is 180 days after the date of the submission 

19 of last report under subparagraph (B), such re20 ports shall be submitted every 360 days. 

21 (b) GAO REPORT.—Not later than 90 days after re22 ceiving the initial report required under subsection (a), the 

23 Comptroller General of the United States shall report to the 

24 appropriate congressional committees and the BSVC re25 garding the verification of the data and methodology used 

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1 to determine high traffic areas and the unlawful border 

2 crossing effectiveness rate. 

3 SEC. 3. OPERATIONAL CONTROL OF THE BORDER. 

4 (a) SECURING THE BORDER.—The Secretary of Home5 land Security shall gain and maintain situational aware6 ness, and operational control of high traffic areas, by the 

7 date that is not later than two years after the date of the 

8 enactment of this Act, and operational control and situa9 tional awareness along the southern land border of the 

10 United States by the date that is not later than five years 

11 after such date of enactment. 

12 (b) REQUIRED CAPABILITY DEPLOYMENT.—Not later 

13 than one year after the date of the enactment of this Act, 

14 the Secretary of Homeland Security, acting through the ap15 propriate component of the Department of Homeland Secu16 rity, shall, at a minimum, deploy to each sector or region, 

17 as the case may be, of the southern border, in a prioritized, 

18 risk-based manner to achieve situational awareness and 

19 operational control of the border the following additional 

20 capabilities: 

21 (1) SAN DIEGO SECTOR.—For the San Diego sec22 tor, the following: 

23 (A) Subterranean surveillance and detection 

24 technologies. 

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1 (B) To increase coastal maritime domain 

2 awareness, the following: 

3 (i) Deployable, lighter than air surface 

4 surveillance equipment. 

5 (ii) Unmanned aerial vehicles with 

6 maritime surveillance capability. 

7 (iii) Maritime patrol aircraft. 

8 (iv) Coastal radar surveillance sys9 tems. 

10 (v) Maritime signals intelligence capa11 bilities. 

12 (C) Ultralight aircraft detection capabili13 ties. 

14 (D) Advanced unattended surveillance sen15 sors. 

16 (E) A rapid reaction capability supported 

17 by aviation assets. 

18 (2) EL CENTRO SECTOR.—For the El Centro sec19 tor, the following: 

20 (A) Tower-based surveillance technology. 

21 (B) Deployable, lighter than air ground sur22 veillance equipment. 

23 (C) Man-portable unmanned aerial vehicles. 

24 (D) Ultralight aircraft detection capabili25 ties. 

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1 (E) Advanced unattended surveillance sen2 sors. 

3 (F) A rapid reaction capability supported 

4 by aviation assets. 

5 (3) YUMA SECTOR.—For the Yuma sector, the 

6 following: 

7 (A) Tower-based surveillance technology. 

8 (B) Mobile vehicle-mounted and man-port9 able surveillance systems. 

10 (C) Deployable, lighter-than-air ground sur11 veillance equipment. 

12 (D) Ultralight aircraft detection capabili13 ties. 

14 (E) Advanced unattended surveillance sen15 sors. 

16 (F) A rapid reaction capability supported 

17 by aviation assets. 

18 (4) TUCSON SECTOR.—For the Tucson sector, the 

19 following: 

20 (A) Increased flight hours for aerial detec21 tion, interdiction, and monitoring operations ca22 pability. 

23 (B) Man-portable unmanned aerial vehicles. 

24 (C) Tower-based surveillance technology. 

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1 (D) Ultralight aircraft detection capabili2 ties. 

3 (E) Advanced unattended surveillance sen4 sors. 

5 (F) Deployable, lighter than air ground sur6 veillance equipment. 

7 (G) A rapid reaction capability supported 

8 by aviation assets. 

9 (5) EL PASO SECTOR.—For the El Paso sector, 

10 the following: 

11 (A) Tower-based surveillance technology. 

12 (B) Ultralight aircraft detection capabili13 ties. 

14 (C) Advanced unattended surveillance sen15 sors. 

16 (D) Mobile vehicle-mounted and man-port17 able surveillance systems. 

18 (E) Deployable, lighter than air ground 

19 surveillance equipment. 

20 (F) A rapid reaction capability supported 

21 by aviation assets. 

22 (6) BIG BEND SECTOR.—For the Big Bend sec23 tor, the following: 

24 (A) Tower-based surveillance technology. 

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1 (B) Deployable, lighter than air ground sur2 veillance equipment. 

3 (C) Improved agent communications capa4 bilities. 

5 (D) Ultralight aircraft detection capabili6 ties. 

7 (E) Advanced unattended surveillance sen8 sors. 

9 (F) A rapid reaction capability supported 

10 by aviation assets. 

11 (7) DEL RIO SECTOR.—For the Del Rio sector, 

12 the following: 

13 (A) Increased monitoring for cross-river 

14 dams, culverts, and footpaths. 

15 (B) Improved agent communications capa16 bilities. 

17 (C) Improved maritime capabilities in the 

18 Amistad Recreation Area. 

19 (D) Advanced unattended surveillance sen20 sors. 

21 (E) A rapid reaction capability supported 

22 by aviation assets. 

23 (8) LAREDO SECTOR.—For the Laredo sector, the 

24 following: 

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1 (A) Maritime detection resources for Falcon 

2 Lake region. 

3 (B) Increased flight hours for aerial detec4 tion, interdiction, and monitoring operations ca5 pability. 

6 (C) Increased monitoring for cross-river 

7 dams, culverts, and footpaths. 

8 (D) Ultralight aircraft detection capabili9 ties. 

10 (E) Advanced unattended surveillance sen11 sors. 

12 (F) A rapid reaction capability supported 

13 by aviation assets. 

14 (9) RIO GRANDE VALLEY SECTOR.—For the Rio 

15 Grande Valley sector, the following: 

16 (A) Deployable, lighter than air ground sur17 veillance equipment. 

18 (B) Increased flight hours for aerial detec19 tion, interdiction and monitoring operations ca20 pability. 

21 (C) Ultralight aircraft detection capabili22 ties. 

23 (D) Advanced unattended surveillance sen24 sors. 

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1 (E) Increased monitoring for cross-river 

2 dams, culverts, footpaths. 

3 (F) A rapid reaction capability supported 

4 by aviation assets. 

5 (10) EASTERN PACIFIC MARITIME REGION.—For 

6 the Eastern Pacific Maritime region, the following: 

7 (A) Increased cutter and boat hours and op8 eration platforms to conduct interdiction oper9 ations. 

10 (B) Increased maritime signals intelligence 

11 capabilities. 

12 (C) To increase maritime domain aware13 ness, the following: 

14 (i) Deployable, lighter than air surface 

15 surveillance equipment. 

16 (ii) Unmanned aerial vehicles with 

17 maritime surveillance capability. 

18 (iii) Increased maritime aviation pa19 trol hours. 

20 (iv) Coastal radar surveillance sys21 tems. 

22 (D) Increased operational hours for mari23 time security components dedicated to joint 

24 counter-smuggling and interdiction efforts with 

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1 agency Task Forces, and the United States Coast 

2 Guard Deployable Specialized Forces. 

3 (11) CARIBBEAN AND GULF MARITIME REGION.— 

4 For the Caribbean and Gulf Maritime region, the fol5 lowing: 

6 (A) Increased cutter and boat hours and op7 eration platforms to conduct interdiction oper8 ations. 

9 (B) Increased maritime signals intelligence 

10 capabilities. 

11 (C) Increased maritime domain awareness 

12 and surveillance capabilities, including the fol13 lowing: 

14 (i) Deployable, lighter than air surface 

15 surveillance equipment. 

16 (ii) Unmanned aerial vehicles with 

17 maritime surveillance capability. 

18 (iii) Increased maritime aviation pa19 trol hours. 

20 (iv) Coastal radar surveillance sys21 tems. 

22 (D) Increased operational hours for mari23 time security components dedicated to joint 

24 counter-smuggling and interdiction efforts with 

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1 agency Task Forces, and the United States Coast 

2 Guard Deployable Specialized Forces. 

3 (c) FENCING AND INFRASTRUCTURE.— 

4 (1) NEW FENCING.—Not later than 18 months 

5 after the date of the enactment of this Act, the Sec6 retary of Homeland Security shall construct, at a 

7 minimum, each of the following: 

8 (A) Seven miles of double layer fencing in 

9 the Border Patrol’s San Diego sector in addition 

10 to such fencing in existence as of the date of the 

11 enactment of this Act. 

12 (B) Twenty-one miles of double layer pedes13 trian fencing in the Border Patrol’s Tucson sec14 tor in addition to such fencing in existence as of 

15 the date of the enactment of this Act. 

16 (C) Ten miles of double layer pedestrian 

17 fencing in the Border Patrol’s Rio Grande Valley 

18 sector in addition to such fencing in existence as 

19 of the date of the enactment of this Act. 

20 (D) Ten miles of double layer pedestrian 

21 fencing in the Border Patrol’s Del Rio sector in 

22 addition to such fencing in existence as of the 

23 date of the enactment of this Act. 

24 (2) FENCE REPAIR AND REPLACEMENT.—Not 

25 later than 18 months after the date of the enactment 

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1 of this Act, the Secretary of Homeland Security shall 

2 replace, at a minimum, each of the following: 

3 (A) Thirty-one miles of landing mat fencing 

4 with bollard style fencing in the Border Patrol’s 

5 San Diego sector. 

6 (B) Five miles of landing mat fencing with 

7 bollard style fencing in the Border Patrol’s El 

8 Centro sector. 

9 (C) Three miles of landing mat fencing with 

10 bollard style fencing in the Border Patrol’s 

11 Yuma sector. 

12 (D) Twenty-five miles of landing mat fenc13 ing with bollard style fencing in the Border Pa14 trol’s Tucson sector. 

15 (E) Two miles of landing mat fencing with 

16 bollard style fencing in the Border Patrol’s El 

17 Paso sector. 

18 (3) ROAD CONSTRUCTION.—Not later than 18 

19 months after the date of the enactment of this Act, the 

20 Secretary of Homeland Security shall complete, at a 

21 minimum, each of the following road construction 

22 projects to allow greater access for the Border Patrol: 

23 (A) Seven miles of road construction in the 

24 Border Patrol’s San Diego sector. 

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1 (B) Ten miles of road construction in the 

2 Border Patrol’s El Centro sector. 

3 (C) Sixteen miles of road construction in 

4 the Border Patrol’s Yuma sector. 

5 (D) Fifty-four miles of road construction in 

6 the Border Patrol’s Tucson sector. 

7 (E) One hundred ninety-two miles of road 

8 construction in the Border Patrol’s Big Bend 

9 sector. 

10 (F) Two miles of road construction in the 

11 Border Patrol’s El Paso sector. 

12 (G) Forty-two miles of road construction in 

13 the Border Patrol’s Del Rio sector. 

14 (H) Sixty-five miles of road construction in 

15 the Border Patrol’s Laredo sector. 

16 (I) Fifteen miles of road construction in the 

17 Border Patrol’s Rio Grande Valley sector. 

18 (4) ROAD MAINTENANCE.—Not later than 18 

19 months after the date of the enactment of this Act, the 

20 Secretary of Homeland Security shall complete, at a 

21 minimum, each of the following: 

22 (A) Thirty-seven miles of road maintenance 

23 in the Border Patrol’s San Diego sector. 

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1 (B) One thousand two hundred miles of 

2 road maintenance in the Border Patrol’s Del Rio 

3 sector. 

4 (C) Twenty-six miles of road maintenance 

5 in the Border Patrol’s Laredo sector. 

6 (D) Ninety-four miles of road maintenance 

7 in the Border Patrol’s Rio Grande Valley sector. 

8 (5) NEW VEHICLE FENCE.—Not later than one 

9 year after the date of the enactment of this Act, the 

10 Secretary of Homeland Security shall complete six 

11 miles of vehicle fencing in the Border Patrol’s Big 

12 Bend sector in addition to such fencing in existence 

13 as of the date of the enactment of this Act. 

14 (6) VEHICLE FENCE REPLACEMENT.—Not later 

15 than one year after the date of the enactment of this 

16 Act, the Secretary of Homeland Security shall replace 

17 five miles of vehicle fencing with new vehicle fencing 

18 in the Border Patrol’s Tucson sector in addition to 

19 such fencing in existence as of the date of the enact20 ment of this Act. 

21 (7) BOAT RAMPS.—Not later than 180 days after 

22 the date of the enactment of this Act, the Secretary of 

23 Homeland Security shall complete, at a minimum, 

24 the construction of each of the following: 

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1 (A) Eight boat ramps in the Border Patrol’s 

2 Del Rio sector in addition to such ramps in ex3 istence as of the date of the enactment of this 

4 Act. 

5 (B) One boat ramp in the Border Patrol’s 

6 Laredo sector in addition to such ramps in exist7 ence as of the date of the enactment of this Act. 

8 (C) Twenty-one boat ramps in the Border 

9 Patrol’s Rio Grande Valley sector in addition to 

10 such ramps in existence as of the date of the en11 actment of this Act. 

12 (8) ACCESS GATES.—Not later than 180 days 

13 after the date of the enactment of this Act, the Sec14 retary of Homeland Security shall construct 34 access 

15 gates in the Border Patrol’s Rio Grande Valley sector 

16 in addition to such gates in existence as of the date 

17 of the enactment of this Act. 

18 (9) FORWARD OPERATING BASES.—Not later 

19 than one year after the date of enactment of this Act, 

20 the Secretary of Homeland Security shall complete, at 

21 a minimum, construction of each of the following: 

22 (A) One forward operating base in the Bor23 der Patrol’s El Paso sector in addition to such 

24 bases in existence as of the date of the enactment 

25 of this Act. 

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1 (B) Two forward operating bases in the 

2 Border Patrol’s Tucson sector in addition to 

3 such bases in existence as of the date of the en4 actment of this Act. 

5 (C) Three forward operating bases in the 

6 Border Patrol’s Big Bend sector in addition to 

7 such bases in existence as of the date of the en8 actment of this Act. 

9 (D) Two forward operating bases in the 

10 Border Patrol’s Del Rio sector in addition to 

11 such bases in existence as of the date of the en12 actment of this Act. 

13 (E) Two forward operating bases in the 

14 Border Patrol’s Laredo sector in addition to such 

15 bases in existence as of the date of the enactment 

16 of this Act. 

17 (F) Two forward operating bases in the 

18 Border Patrol’s Rio Grande Valley sector in ad19 dition to such bases in existence as of the date 

20 of the enactment of this Act. 

21 (10) ROADS.—The roads referred to in para22 graphs (3) and (4) shall include border roads, patrol 

23 roads, access roads, and Federal, State, local, and 

24 privately owned roads. 

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1 (11) MINIMUM FORWARD OPERATING BASE RE2 QUIREMENTS.—The forward operating bases referred 

3 to in paragraph (9) shall be equipped with each of the 

4 following: 

5 (A) Perimeter security. 

6 (B) Temporary detention space. 

7 (C) An interview room. 

8 (D) Water. 

9 (E) Power. 

10 (F) Adequate communications, including 

11 wide area network connectivity. 

12 (G) Helicopter landing zone. 

13 (d) CARRIZO CANE ERADICATION.— 

14 (1) FINDINGS.—Congress makes the following 

15 findings: 

16 (A) Carrizo cane is a non-native, invasive 

17 plant growing along the Rio Grande River in 

18 Texas, with heights of up to 27 feet tall. 

19 (B) According to U.S. Customs and Border 

20 Protection, ‘‘the [Carrizo cane] plant causes seri21 ous officer safety issues and operational concerns 

22 because it hampers enforcement along the [Rio 

23 Grande] river. The plant also provides conceal24 ment to criminals, drug smugglers, illegal aliens, 

25 and potential terrorists who could use it as an 

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1 advantage to enter the United States illegally. 

2 The obvious officer safety hazards created by this 

3 situation are of grave concern to the Border Pa4 trol and need to be remedied’’. 

5 (2) ERADICATION.—The Chief of the Border Pa6 trol shall coordinate with the heads of each relevant 

7 Federal and State agency to eradicate, to the greatest 

8 extent practicable, the Carrizo cane plant along the 

9 Rio Grande River. 

10 (e) CONSULTATION.—The Secretary of Homeland Se11 curity shall consult with the governors of each southern land 

12 border State and each southern border maritime State, rep13 resentatives of the Border Patrol and U.S. Customs and 

14 Border Protection, and relevant Federal, State, local, and 

15 tribal agencies that have jurisdiction on the southern land 

16 border, or in the maritime environment, to develop the oper17 ational plan required under subsection (f) and the metrics 

18 required under subsections (h), (i), (j), and (k). 

19 (f) OPERATIONAL PLAN.— 

20 (1) IN GENERAL.—Not later than 120 days after 

21 the date of the enactment of this Act, the Secretary of 

22 Homeland Security shall submit to the appropriate 

23 congressional committees, the BSVC, and the Comp24 troller General of the United States a comprehensive 

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1 partment of Homeland Security responsible for border 

2 or maritime security to gain and maintain situa3 tional awareness, operational control of high traffic 

4 areas, and operational control along the southern 

5 land border of the United States by the dates, respec6 tively, referred to in subsection (a). 

7 (2) CONTENTS OF PLAN.—The plan required 

8 under paragraph (1) shall include the following: 

9 (A) An assessment of principal border secu10 rity threats, including threats relating to the 

11 smuggling and trafficking of humans, weapons, 

12 and illicit drugs. 

13 (B) A description of the required capability 

14 deployment under subsection (b). 

15 (C) A plan to analyze and disseminate bor16 der security and border threat information 

17 among the border security components of the De18 partment of Homeland Security, and between the 

19 Department and other appropriate Federal de20 partments and agencies with missions associated 

21 with the border. 

22 (D) A plan to achieve situational awareness 

23 using the capabilities deployed under subsection 

24 (b). 

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1 (E) A plan to ensure that any new border 

2 security assets will be operationally integrated 

3 with assets in use by the Department of Home4 land Security as of the date of the enactment of 

5 this Act. 

6 (F) A plan to eradicate the Carrizo cane 

7 plant, as required under subsection (d). 

8 (G) Lessons learned from Operation 

9 Jumpstart and Operation Phalanx. 

10 (H) A description of border security infor11 mation received from consultation with border 

12 community stakeholders, including representa13 tives from agricultural and ranching organiza14 tions and business and civic organizations along 

15 the northern or southern land borders. 

16 (I) A description of the staffing require17 ments for all border security functions of the bor18 der security components of the Department of 

19 Homeland Security. 

20 (J) A prioritized list of research and devel21 opment objectives to enhance the security of the 

22 international land and maritime borders of the 

23 United States. 

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1 (K) An assessment of the relationship be2 tween border security operations and crossing 

3 times. 

4 (L) Metrics required under subsections (h), 

5 (i), (j), and (k). 

6 (M) An integrated master schedule and cost 

7 estimate, including lifecycle costs, for the activi8 ties contained in such operational plan. 

9 (N) A documented justification and ration10 ale for technology choices. 

11 (O) Deployment locations. 

12 (P) A timetable for procurement and de13 ployment. 

14 (Q) Estimates of operation and mainte15 nance costs. 

16 (R) An identification of any impediments 

17 to the deployment of such technologies. 

18 (3) CLASSIFIED ASSESSMENT.—The assessment 

19 required to be included in the report under paragraph 

20 (2)(A) may be submitted in classified form, if the Sec21 retary of Homeland Security determines that such is 

22 appropriate. 

23 (4) IMPLEMENTATION.— 

24 (A) IN GENERAL.—The Secretary of Home25 land Security shall commence the implementamstockstill on DSK4VPTVN1PROD with BILLS

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1 tion of the operational plan under paragraph (1) 

2 not later than 30 days after the submission to 

3 the appropriate congressional committees of the 

4 report by the Comptroller General of the United 

5 States under subparagraph (C). 

6 (B) COMPTROLLER GENERAL REVIEW.—Not 

7 later than 90 days after receiving the operational 

8 plan under paragraph (1), the Comptroller Gen9 eral of the United States shall submit to the ap10 propriate congressional committees and the 

11 BSVC a report on the operational plan required 

12 under paragraph (1) and such congressional jus13 tification. 

14 (g) PERIODIC UPDATES.—Not later than 180 days 

15 after the submission of each Quadrennial Homeland Secu16 rity Review required under section 707 of the Homeland 

17 Security Act of 2002 (6 U.S.C. 347) beginning with the first 

18 such Review that is due after the operational plan is sub19 mitted under subsection (f), the Secretary of Homeland Se20 curity shall submit to the appropriate congressional com21 mittees, the BSVC, and the Comptroller General of the 

22 United States an updated operational plan under para23 graph (1) of subsection (f). 

24 (h) METRICS FOR SECURING THE BORDER BETWEEN

25 PORTS OF ENTRY.— 

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1 (1) IN GENERAL.—Not later than 120 days after 

2 the date of the enactment of this Act and annually 

3 thereafter, the Chief of the Border Patrol shall develop 

4 metrics, informed by situational awareness, to meas5 ure the effectiveness of security between ports of entry, 

6 which shall include, at a minimum, the following: 

7 (A) An unlawful border crossing effective8 ness rate, informed by situational awareness. 

9 (B) A probability of detection that measures 

10 the estimated total unlawful border crossing at11 tempts not detected by the Border Patrol against 

12 the unlawful border crossing effectiveness rate re13 ferred to in subparagraph (A). 

14 (C) A weight-to-frequency rate which meas15 ures the average weight of marijuana seized per 

16 seizure by the Border Patrol in any fiscal year 

17 compared to such a weight-to-frequency rate for 

18 the immediately preceding five fiscal years. 

19 (D) A situational awareness achievement 

20 metric that measures the amount of situational 

21 awareness achieved in each Border Patrol sector. 

22 (E) An illicit drugs seizure rate which 

23 measures the amount and type of illicit drugs 

24 seized by the Border Patrol in any fiscal year 

25 compared to an average of the amount and type 

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1 of illicit drugs seized by the Border Patrol for 

2 the immediately preceding five fiscal years. 

3 (F) In consultation with the Office of Na4 tional Drug Control Policy and the United 

5 States Southern Command, a cocaine seizure ef6 fectiveness rate measured as a percentage that re7 sults from dividing the amount of cocaine seized 

8 by the Border Patrol by the total documented co9 caine flow rate between ports of entry along the 

10 southern land border. 

11 (G) Estimates, using alternative methodolo12 gies, including recidivism data, survey data, 

13 known-flow data, and technologically measured 

14 data, of total attempted unlawful border cross15 ings, the rate of apprehension of attempted un16 lawful border crossers, and the inflow into the 

17 United States of unlawful border crossers who 

18 evade apprehension. 

19 (H) Estimates of the impact of the Border 

20 Patrol’s Consequence Delivery System on the rate 

21 of recidivism of unlawful border crossers. 

22 (2) METRICS CONSULTATION.—In developing the 

23 metrics required under paragraph (1), the Chief of the 

24 Border Patrol shall consult with staff members of the 

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1 rity and staff members of the Office of the Chief Fi2 nancial Officer of the Department of Homeland Secu3 rity. Such staff members may not be political ap4 pointees. 

5 (3) METRICS NOT REVIEWABLE.—The metrics re6 quired under paragraph (1) may not be reviewed or 

7 otherwise amended by the President, any staff em8 ployed by the Executive Office of the President, the 

9 Secretary of Homeland Security, the Deputy Sec10 retary of Homeland Security, the Commissioner of 

11 U.S. Customs and Border Protection, or the Deputy 

12 Commissioner of U.S. Customs and Border Protection 

13 before the submission of such metrics to the appro14 priate congressional committees, the BSVC, and 

15 Comptroller General of the United States, as required 

16 under subsection (m). The prohibition described in 

17 this paragraph does not apply to the Office of Na18 tional Drug Control Policy. 

19 (i) METRICS FOR SECURING THE BORDER AT PORTS

20 OF ENTRY.— 

21 (1) IN GENERAL.—Not later than 120 days after 

22 the date of the enactment of this Act and annually 

23 thereafter, the Assistant Commissioner for the Office 

24 of Field Operations in U.S. Customs and Border Pro25 tection shall develop metrics, informed by situational 

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1 awareness, to measure the effectiveness of security at 

2 ports of entry, which shall include, at a minimum, 

3 the following: 

4 (A) An inadmissible border crossing rate 

5 which measures the number of known inadmis6 sible border crossers who are denied entry, ex7 cluding those border crossers who voluntarily 

8 withdraw their applications for admission, di9 vided by the total estimated number of inadmis10 sible border crossers who attempt entry. 

11 (B) An illicit drugs seizure rate which 

12 measures the amount and type of illicit drugs 

13 seized by the Office of Field Operations of U.S. 

14 Customs and Border Protection in any fiscal 

15 year compared to an average of the amount and 

16 type of illicit drugs seized by U.S. Customs and 

17 Border Protection for the immediately preceding 

18 five fiscal years. 

19 (C) In consultation with the Office of Na20 tional Drug Control Policy and the United 

21 States Southern Command, a cocaine seizure ef22 fectiveness rate measured as a percentage that re23 sults from dividing the amount of cocaine seized 

24 by the Office of Field Operations of U.S. Cus25 toms and Border Protection by the total documstockstill on DSK4VPTVN1PROD with BILLS

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1 mented cocaine flow rate at ports of entry along 

2 the southern land border. 

3 (D) Estimates, using alternative methodolo4 gies, including survey data and randomized sec5 ondary screening data, of total attempted inad6 missible border crossers, the rate of apprehension 

7 of attempted inadmissible border crossers, and 

8 the inflow into the United States of inadmissible 

9 border crossers who evade apprehension. 

10 (E) The number of infractions related to 

11 personnel and cargo committed by major viola12 tors who are apprehended by the Office of Field 

13 Operations of U.S. Customs and Border Protec14 tion at ports of entry, and the estimated number 

15 of such infractions committed by major violators 

16 who are not apprehended. 

17 (F) A measurement of how border security 

18 operations affect crossing times. 

19 (G) The amount and type of illicit drugs 

20 seized by the Office of Field Operations of U.S. 

21 Customs and Border Protection at United States 

22 seaports during the previous fiscal year. 

23 (H) A cargo scanning rate that measures 

24 the number of cargo containers scanned by the 

25 Office of Field Operations of U.S. Customs and 

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1 Border Protection at each United States seaport 

2 during the previous fiscal year against the total 

3 number of cargo containers entering the United 

4 States at each seaport during the previous fiscal 

5 year. 

6 (2) METRICS CONSULTATION.—In developing the 

7 metrics required under paragraph (1), the Assistant 

8 Commissioner for the Office of Field Operations shall 

9 consult with staff members of the Office of Policy at 

10 the Department of Homeland Security and staff mem11 bers of the Office of the Chief Financial Officer of the 

12 Department of Homeland Security. Such staff mem13 bers may not be political appointees. 

14 (3) METRICS NOT REVIEWABLE.—The metrics re15 quired under paragraph (1) may not be reviewed or 

16 otherwise amended by the President, any staff em17 ployed by the Executive Office of the President, the 

18 Secretary of Homeland Security, the Deputy Sec19 retary of Homeland Security, the Commissioner of 

20 U.S. Customs and Border Protection, or the Deputy 

21 Commissioner of U.S. Customs and Border Protection 

22 before the submission of such metrics to the appro23 priate congressional committees, the BSVC, and the 

24 Comptroller General of the United States, as required 

25 under subsection (m). The prohibition described in 

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1 this paragraph does not apply to the Office of Na2 tional Drug Control Policy. 

3 (j) METRICS FOR SECURING THE MARITIME BOR4 DER.— 

5 (1) IN GENERAL.—Not later than 120 days after 

6 the date of the enactment of this Act and annually 

7 thereafter, the Commandant of the United States 

8 Coast Guard and the Assistant Commissioner for the 

9 Office of Air and Marine for U.S. Customs and Bor10 der Protection shall jointly implement metrics, in11 formed by situational awareness, to measure the effec12 tiveness of security in the maritime environment, 

13 which shall include, at a minimum, the following: 

14 (A) An estimate of the total number of un15 documented migrants the Department of Home16 land Security’s maritime security components 

17 fail to interdict. 

18 (B) An undocumented migrant interdiction 

19 rate which measures the flow of undocumented 

20 migrants interdicted against the total estimated 

21 number of undocumented migrants the Depart22 ment of Homeland Security’s maritime security 

23 components fail to interdict. 

24 (C) An illicit drugs removal rate which 

25 measures the amount and type of illicit drugs remstockstill on DSK4VPTVN1PROD with BILLS

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1 moved by the Department of Homeland Secu2 rity’s maritime security components inside a 

3 transit zone in any fiscal year compared to an 

4 average of the amount and type of illicit drugs 

5 removed by the Department of Homeland Secu6 rity’s maritime security components inside a 

7 transit zone for the immediately preceding five 

8 fiscal years. 

9 (D) An illicit drugs removal rate which 

10 measures the amount and type of illicit drugs re11 moved by the Department of Homeland Secu12 rity’s maritime security components outside a 

13 transit zone in any fiscal year compared to an 

14 average of the amount and type of illicit drugs 

15 removed by the Department of Homeland Secu16 rity’s maritime security components outside a 

17 transit zone for the immediately preceding five 

18 fiscal years. 

19 (E) A cocaine removal effectiveness rate in20 side a transit zone. 

21 (F) A cocaine removal effectiveness rate out22 side a transit zone. 

23 (G) A response rate which measures the 

24 ability of the maritime security components of 

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1 spond to and resolve known maritime threats, 

2 both inside and outside a transit zone, by plac3 ing assets on-scene, compared to the total number 

4 of events with respect to which the Department 

5 has known threat information. 

6 (2) METRICS CONSULTATION.—In developing the 

7 metrics required under paragraph (1), the Com8 mandant of the Coast Guard and the Assistant Com9 missioner for Air and Marine shall consult with staff 

10 members of the Office of Policy at the Department of 

11 Homeland Security and staff members of the Office of 

12 the Chief Financial Officer of the Department of 

13 Homeland Security. Such staff members may not be 

14 political appointees. 

15 (3) METRICS NOT REVIEWABLE.—The metrics re16 quired under paragraph (1) may not be reviewed or 

17 otherwise amended by the President, any staff em18 ployed by the Executive Office of the President, the 

19 Secretary of Homeland Security, the Deputy Sec20 retary of Homeland Security, the Commissioner of 

21 U.S. Customs and Border Protection, or the Deputy 

22 Commissioner of U.S. Customs and Border Protection 

23 before the submission of such metrics to the appro24 priate congressional committees, the BSVC, and the 

25 Comptroller General of the United States, as required 

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1 under subsection (m). The prohibition described in 

2 this paragraph does not apply to the Office of Na3 tional Drug Control Policy. 

4 (k) AIR AND MARINE SECURITY METRICS IN THE

5 LAND DOMAIN.— 

6 (1) IN GENERAL.—Not later than 120 days after 

7 the date of the enactment of this Act and annually 

8 thereafter, the Assistant Commissioner for the Office 

9 of Air and Marine for U.S. Customs and Border Pro10 tection shall implement metrics, informed by situa11 tional awareness, to measure the effectiveness of secu12 rity in the aviation environment, which shall include, 

13 at a minimum, the following: 

14 (A) A requirement effectiveness rate which 

15 measures U.S. Customs and Border Protection’s 

16 Office of Air and Marine flight hours require17 ments against the number of flight hours actu18 ally flown by such Office. 

19 (B) A funded flight hours effectiveness rate 

20 which measures the number of funded flight 

21 hours appropriated to U.S. Customs and Border 

22 Protection’s Office of Air and Marine against the 

23 number of actual flight hours flown by such Of24 fice. 

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1 (C) A readiness rate which measures the 

2 number of aviation missions flown by U.S. Cus3 toms and Border Protection’s Office of Air and 

4 Marine against the number of aviation missions 

5 cancelled by such Office due to weather, mainte6 nance, operations, or other causes. 

7 (D) The number of subjects detected by U.S. 

8 Customs and Border Protection’s Office of Air 

9 and Marine through the use of unmanned aerial 

10 systems. 

11 (E) The number of apprehensions assisted 

12 by U.S. Customs and Border Protection’s Office 

13 of Air and Marine through the use of unmanned 

14 aerial systems. 

15 (F) The number and quantity of illicit drug 

16 seizures assisted by U.S. Customs and Border 

17 Protection’s Office of Air and Marine through 

18 the use of unmanned aerial systems. 

19 (G) A detailed description of how, where, 

20 and for how long data and images collected 

21 through the use of unmanned aerial systems by 

22 U.S. Customs and Border Protection is collected 

23 and stored. 

24 (2) METRICS CONSULTATION.—In developing the 

25 metrics required under paragraph (1), the Assistant 

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1 Commissioner for Air and Marine shall consult with 

2 staff members of the Office of Policy at the Depart3 ment of Homeland Security and staff members of the 

4 Office of the Chief Financial Officer of the Depart5 ment of Homeland Security. Such staff members may 

6 not be political appointees. 

7 (3) METRICS NOT REVIEWABLE.—The metrics re8 quired under paragraph (1) may not be reviewed or 

9 otherwise amended by the President, any staff em10 ployed by the Executive Office of the President, the 

11 Secretary of Homeland Security, the Deputy Sec12 retary of Homeland Security, the Commissioner of 

13 U.S. Customs and Border Protection, or the Deputy 

14 Commissioner of U.S. Customs and Border Protection 

15 before the submission to the appropriate congressional 

16 committees, the BSVC, and the Comptroller General 

17 of the United States, as required under subsection 

18 (m). The prohibition described in this paragraph does 

19 not apply to the Office of National Drug Control Pol20 icy. 

21 (l) PENALTIES FOR FAILURE TO SUBMIT METRICS.— 

22 (1) IN GENERAL.—If any of the officials referred 

23 to in subsection (h), (i), (j), or (k) fail to meet any 

24 of the deadlines required under any of such sub25 sections, no political appointee of the Department of 

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1 Homeland Security may perform any function de2 scribed in paragraph (2) until all such officials have 

3 met all of such deadlines. 

4 (2) FUNCTIONS DESCRIBED.—The functions de5 scribed in this paragraph are the following: 

6 (A) Travel using Government aircraft. 

7 (B) Receipt of any non-essential training. 

8 (C) Receipt of bonus pay, excluding over9 time pay. 

10 (D) Receipt of any salary increase. 

11 (m) EVALUATION BY THE GOVERNMENT ACCOUNT12 ABILITY OFFICE.— 

13 (1) IN GENERAL.—The metrics required under 

14 subsections (h), (i), (j), and (k) shall be made avail15 able to the appropriate congressional committees, the 

16 BSVC, and the Comptroller General of the United 

17 States, together with the data and methodology used 

18 to develop such metrics. 

19 (2) REPORT.—Not later than 270 days after re20 ceiving the data and methodology referred to in para21 graph (1), the Comptroller General of the United 

22 States shall submit to the appropriate congressional 

23 committees and the BSVC a report on the suitability 

24 and statistical validity of such data and methodology, 

25 and shall make recommendations to the Secretary of 

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1 Homeland Security for other suitable metrics that 

2 may be used to measure the effectiveness of border se3 curity. Such report shall inform the BSVC in review4 ing the notifications required under subsection (n)(2). 

5 (n) BSVC CERTIFICATION OF METRICS AND OPER6 ATIONAL CONTROL.— 

7 (1) SECRETARY OF HOMELAND SECURITY NOTIFI8 CATIONS.— 

9 (A) TWO YEARS.—If the Secretary of Home10 land Security determines that situational aware11 ness and operational control of high traffic areas 

12 have been achieved by the date that is not later 

13 than two years after the date of the enactment of 

14 this Act, the Secretary shall, under penalty of 

15 perjury, submit to the appropriate congressional 

16 committees and the BSVC a notification that so 

17 attests. 

18 (B) FIVE YEARS.—If the Secretary of 

19 Homeland Security determines that operational 

20 control along the southern land border of the 

21 United States has been achieved by the date that 

22 is not later than five years after the date of the 

23 enactment of this Act, the Secretary shall, under 

24 penalty of perjury, submit to the appropriate 

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1 congressional committees and the BSVC a notifi2 cation that so attests. 

3 (C) ANNUAL UPDATES.—Every year begin4 ning with the year after the Secretary of Home5 land Security submits the notification under 

6 subparagraph (B), if the Secretary determines 

7 that operational control along the southern land 

8 border of the United States is being maintained, 

9 the Secretary shall submit to the appropriate 

10 congressional committees and the BSVC a notifi11 cation that so attests. 

12 (2) BSVC CERTIFICATION.— 

13 (A) OPERATIONAL CONTROL REVIEWS.—The 

14 BSVC shall review the notifications of the Sec15 retary of Homeland Security under subpara16 graphs (A), (B), and (C) of paragraph (1) to as17 sess such notifications relating to the achieve18 ment of situational awareness, operational con19 trol, or both, as the case may be, in accordance 

20 with such subparagraphs. 

21 (B) REVIEW OF METRICS.—Beginning with 

22 the second annual submission of each of the 

23 metrics required under subsection (m) and pur24 suant to subsections (h), (i), (j), and (k) and an25 nually thereafter until the termination of the 

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1 BSVC under section 4(q), the BSVC shall review 

2 such metrics to assess the statistical validity and 

3 methodology of the data used to implement such 

4 metrics. 

5 (C) REPORTS.— 

6 (i) OPERATIONAL CONTROL.—Not later 

7 than 120 days after conducting a review de8 scribed in subparagraph (A), the BSVC 

9 shall submit to the appropriate congres10 sional committees a report on the results of 

11 each such review and a certification of the 

12 accuracy of the notification reviewed, in ac13 cordance with subparagraph (D). 

14 (ii) OPERATIONAL CONTROL NOT

15 ACHIEVED.—If the BSVC determines that 

16 any notification required under subpara17 graph (A), (B), or (C) of paragraph (1) is 

18 not accurate, the BSVC shall include in the 

19 report under clause (i) an explanation of 

20 why situational awareness, operational con21 trol, or both, as the case may be, was not 

22 achieved. Such explanation shall include, at 

23 a minimum— 

24 (I) impediments incurred; 

25 (II) potential remedies; and 

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1 (III) recommendations to achieve 

2 situational awareness, operational con3 trol, or both, as the case may be. 

4 (iii) METRICS.—Not later than 120 

5 days after conducting a review described in 

6 subparagraph (B), the BSVC shall submit 

7 to the appropriate congressional committees 

8 a report on the results of each such review 

9 and a determination of the accuracy of the 

10 metrics implemented under subsections (h), 

11 (i), (j), and (k). 

12 (D) OPERATIONAL CONTROL CERTIFI13 CATION.— 

14 (i) IN GENERAL.—For purposes of sub15 paragraph (C)(i), the BSVC shall certify 

16 the accuracy of a notification of the Sec17 retary if four members of the BSVC vote 

18 that such certification is accurate. 

19 (ii) PUBLIC VOTING.—A vote referred 

20 to under clause (i) shall be conducted in 

21 public. 

22 (iii) CONSULTATION.—Before con23 ducting a vote referred to in clause (i), the 

24 BSVC shall consult with the governors of 

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1 tives of the National Border Patrol Council, 

2 representatives of the ranching industry in 

3 each southern land border State, and rel4 evant State and local government agencies 

5 that have jurisdiction on the southern land 

6 border. 

7 (E) METRICS DETERMINATION.—For pur8 poses of subparagraph (C)(iii), the BSVC shall 

9 concur in the accuracy of the metrics required 

10 under subsections (h), (i), (j), and (k) if four 

11 members of the BSVC vote that such certification 

12 is accurate. 

13 (o) FAILURE TO ACHIEVE OPERATIONAL CONTROL.— 

14 (1) PENALTIES.— 

15 (A) IN GENERAL.—If the Secretary of 

16 Homeland Security determines that situational 

17 awareness, operational control, or both, as the 

18 case may be, has not been achieved by the dates 

19 referred to in subsection (n)(1) (and thus fails to 

20 submit a notification to the BSVC), or if the 

21 BSVC determines pursuant to subsection (n)(2) 

22 that the Secretary has failed to achieve situa23 tional awareness and operational control of high 

24 traffic areas or has failed to achieve operational 

25 control along the southern land border by such 

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1 respective dates, no political appointee of the De2 partment of Homeland Security may perform 

3 any function described in subparagraph (B) 

4 until the BSVC certifies that the Secretary has 

5 achieved such situational awareness, operational 

6 control, or both, as the case may be. 

7 (B) FUNCTIONS DESCRIBED.—The functions 

8 described in this subparagraph are each of the 

9 following: 

10 (i) Travel using Government aircraft. 

11 (ii) Receipt of any non-essential train12 ing, including conferences. 

13 (iii) Receipt of bonus pay. 

14 (iv) Receipt of any salary increase. 

15 (2) NATIONAL SECURITY EXCEPTION.—The Sec16 retary of Homeland Security may waive the travel 

17 prohibition in paragraph (1)(B)(i) if the Secretary 

18 determines and notifies the appropriate congressional 

19 committees that— 

20 (A) such a waiver is in the national secu21 rity interests of the United States; or 

22 (B) such travel is being carried out to 

23 achieve operational control of the southern land 

24 border of the United States. 

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1 (3) FURTHER ACTION REQUIRED.—If the Sec2 retary of Homeland Security determines that situa3 tional awareness, operational control, or both, as the 

4 case may be, has not been achieved by the dates re5 ferred to in subsection (n)(1) (and thus fails to sub6 mit a notification to the BSVC), or if the BSVC de7 termines pursuant to subsection (n)(2) that the Sec8 retary has failed to achieve situational awareness and 

9 operational control of high traffic areas or fails to 

10 achieve operational control along the southern land 

11 border by such respective dates, the Secretary of 

12 Homeland Security shall, within 180 days, submit to 

13 the appropriate congressional committees and the 

14 BSVC and implement a revised plan to achieve situa15 tional awareness, operational control, or both, as the 

16 case may be, that adopts the recommendations of the 

17 BSVC referred to in subsection (n)(2)(C)(ii)(III). 

18 (p) REPORTS.—Not later than 60 days after the date 

19 of the enactment of this Act and annually thereafter, the 

20 Secretary of Homeland Security shall submit to the appro21 priate congressional committees a report that includes each 

22 of the following: 

23 (1) A resource allocation model for current and 

24 future year staffing requirements that includes opti25 mal staffing levels at all land, air, and sea ports of 

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1 entry, and an explanation of U.S. Customs and Bor2 der Protection methodology for aligning staffing levels 

3 and workload to threats and vulnerabilities and their 

4 effects on cross border trade and passenger travel 

5 across all mission areas. 

6 (2) Detailed information on the level of man7 power available at all land, air, and sea ports of 

8 entry and between ports of entry, including the num9 ber of canine and agricultural specialists assigned to 

10 each such port of entry. 

11 (3) Detailed information describing the dif12 ference between the staffing the model suggests and the 

13 actual staffing at each port of entry and between the 

14 ports of entry. 

15 (4) Monthly per passenger wait times, including 

16 data on per passenger processing wait times at all 

17 land, air, and sea ports of entry. 

18 (5) A description of the infrastructure, security 

19 resources, and other measures that are necessary to 

20 achieve substantial reductions in the average wait 

21 times of vehicles at land border ports of entry. 

22 (q) ADHERENCE TO CERTAIN STANDARDS.—The 

23 Under Secretary for Management of the Department of 

24 Homeland Security, in coordination with the Assistant 

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1 toms and Border Protection, shall ensure component pro2 gram managers who are responsible for carrying out sub3 sections (b) and (c) adhere to internal control standards 

4 identified by the Comptroller General of the United States. 

5 The Assistant Commissioner shall provide information, as 

6 needed, to assist the Under Secretary for Management in 

7 monitoring proper program management of border security 

8 programs carried out pursuant to such subsections. 

9 SEC. 4. ESTABLISHMENT OF BORDER SECURITY 

10 VERIFICATION COMMISSION. 

11 (a) IN GENERAL.—There is established a Border Secu12 rity Verification Commission (in this Act referred to as the 

13 ‘‘BSVC’’). 

14 (b) PURPOSE.—The BSVC shall certify the accuracy 

15 of the notifications regarding situational awareness and 

16 operational control required from the Secretary pursuant 

17 to section 3(n). 

18 (c) COMPOSITION.—The BSVC shall be composed of— 

19 (1) the head of a national laboratory within the 

20 Department of Homeland Security laboratory net21 work with prior expertise in border security, ap22 pointed by the President, in coordination with the 

23 Speaker and minority leader of the House of Rep24 resentatives and the majority and minority leaders of 

25 the Senate; 

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1 (2) the head of a border security university-based 

2 center within the Department of Homeland Security 

3 Centers of Excellence network, appointed by the Presi4 dent, in coordination with the Speaker and minority 

5 leader of the House of Representatives and the major6 ity and minority leaders of the Senate; and 

7 (3) three individuals, appointed by the Presi8 dent, based on the recommendations of the special 

9 congressional commission on border security estab10 lished pursuant to subsection (d). 

11 (d) SPECIAL CONGRESSIONAL COMMISSION ON BOR12 DER SECURITY.— 

13 (1) ESTABLISHMENT.—There is established a 

14 special congressional commission on border security 

15 (in this subsection referred to as the ‘‘commission’’). 

16 The commission shall determine the criteria for mak17 ing recommendations for the individuals to be ap18 pointed by the President under subsection (c)(3), and 

19 shall recommend not more than five individuals for 

20 such appointments. The commission shall consist of— 

21 (A) the Speaker and minority leader of the 

22 House of Representatives; 

23 (B) the majority and minority leaders of 

24 the Senate; 

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1 (C) the chairman and ranking member of 

2 the Committee on Homeland Security of the 

3 House of Representatives; and 

4 (D) the chairman and ranking member of 

5 the Committee on Homeland Security and Gov6 ernmental Affairs of the Senate. 

7 (2) VOTING PROCEDURES.— 

8 (A) IN GENERAL.—The commission may 

9 make a recommendation to the President con10 cerning an individual referred to in subsection 

11 (c)(3) only if such recommendation is approved 

12 by a majority vote of the full membership of the 

13 commission. 

14 (B) TIE VOTE.—In the event of a tie vote of 

15 the commission during its consideration of 

16 whether or not to recommend an individual to 

17 the President under paragraph (1), the Speaker 

18 of the House of Representatives shall cast the de19 ciding vote. 

20 (e) QUALIFICATIONS.—The individuals referred to in 

21 subsection (c)(3) shall have a minimum of five years profes22 sional experience in law enforcement and border security. 

23 (f) CHAIR.—The BSVC shall be chaired by the indi24 vidual referred to in subsection (c)(1). 

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1 (g) APPOINTMENT.—The members of the BSVC shall 

2 be appointed not later than 60 days after the date of the 

3 enactment of this Act. 

4 (h) PROHIBITION ON COMPENSATION.—Members of the 

5 BSVC may not receive pay, allowances, or benefits from 

6 the Federal Government by reason of their service on the 

7 BSVC. 

8 (i) PROHIBITION ON CERTAIN MEMBERSHIP.—Mem9 bers of the BSVC may not be current Federal employees 

10 or current Members of Congress. 

11 (j) SECURITY CLEARANCES.—A member or employee 

12 of the BSVC shall receive an appropriate security clearance, 

13 as determined by the BSVC in consultation with the Sec14 retary of Homeland Security, that is commensurate with 

15 the sensitivity of the classified information to which such 

16 member or employee will be given access by reason of mem17 bership in or employment by the BSVC. 

18 (k) MEETINGS.—The BSVC shall meet on the call of 

19 the chairperson. The BSVC shall meet and begin operations 

20 not later than 180 days after the date of the enactment of 

21 this Act. 

22 (l) PUBLIC HEARINGS.— 

23 (1) IN GENERAL.—The BSVC shall hold not 

24 fewer than two public hearings each calendar year. 

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1 (2) WITNESS TESTIMONY.—In holding the hear2 ings required under paragraph (1), the BSVC shall 

3 request the public testimony of Federal, State, and 

4 local officials, and any private citizen or organization 

5 the BSVC determines is relevant to carrying out its 

6 mission. 

7 (m) QUORUM.—Four members of the BSVC shall con8 stitute a quorum to conduct business, but the BSVC may 

9 establish a lesser quorum for conducting hearings scheduled 

10 by the BSVC. 

11 (n) RULES.—The BSVC may establish by majority 

12 vote any other rules for the conduct of business, if such rules 

13 are not inconsistent with this Act. 

14 (o) VACANCIES.—Any vacancy in the membership of 

15 the BSVC shall be filled within 60 days and in the same 

16 manner as the original appointment. 

17 (p) PERSONNEL MATTERS.— 

18 (1) TRAVEL EXPENSES.—The members of the 

19 BSVC shall be allowed travel expenses, including per 

20 diem in lieu of subsistence, at rates authorized for 

21 employees of agencies under subchapter I of chapter 

22 57 of title 5, United States Code, while away from 

23 their homes or regular places of business in the per24 formance of service for the BSVC. 

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1 (2) DETAIL OF FEDERAL EMPLOYEES.—With the 

2 affirmative vote of four of the members of the BSVC, 

3 any Federal Government employee, with the approval 

4 of the head of the appropriate Federal agency or con5 gressional office, may be detailed to the BSVC with6 out reimbursement, and such detail shall be without 

7 interruption or loss of civil service status, salary, ben8 efits, or privileges. 

9 (3) OFFICE SPACE AND ASSISTANCE.—Upon the 

10 request of the BSVC, the Secretary of Homeland Secu11 rity shall provide reasonable and appropriate office 

12 space, supplies, and administrative assistance. 

13 (q) TERMINATION.—The BSVC shall terminate after 

14 determining the accuracy of the tenth annual metrics sub15 mission required under subsection (n)(2) of section 3. 

16 SEC. 5. REQUIRED CONSEQUENCE. 

17 The Chief of the Border Patrol shall impose a con18 sequence for each alien apprehended pursuant to the Border 

19 Patrol’s Consequence Delivery System. 

20 SEC. 6. PATROL BY THE BORDER PATROL OF PHYSICAL 

21 LAND BORDER. 

22 (a) IN GENERAL.—The Chief of the Border Patrol shall 

23 direct agents of the Border Patrol to patrol as close to the 

24 physical land border as possible, consistent with the accessi25 bility to such areas. 

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1 (b) FORWARD OPERATING BASE PERSONNEL.—The 

2 Chief of the Border Patrol shall deploy the maximum prac3 ticable number of Border Patrol agents to forward oper4 ating bases along the southern land border of the United 

5 States to meet the requirements of this section. 

6 SEC. 7. TACTICAL FLEXIBILITY. 

7 (a) SOUTHERN LAND BORDER.—The Chief of the Bor8 der Patrol may alter the capability deployment referred to 

9 in subsection (b) of section 3 if the Chief determines, after 

10 consultation with the appropriate congressional committees, 

11 that the principal border security threats referred to in sub12 section (f)(2)(A) of such section require such alteration. 

13 (b) NORTHERN LAND BORDER.—The Chief of the Bor14 der Patrol may alter the capability deployment referred to 

15 in subsection (c) of section 15 if the Chief determines, after 

16 consultation with the appropriate congressional committees, 

17 that the threat analysis referred to in subsection (a) of such 

18 section requires such alteration. 

19 SEC. 8. DEPLOYMENT OF CERTAIN AVIATION ASSETS TO 

20 THE SOUTHERN LAND BORDER. 

21 (a) IN GENERAL.—The Secretary of Defense, in col22 laboration with the Secretary of Homeland Security, may 

23 allocate additional aviation assets of the Department of De24 fense to the southern land border of the United States to 

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1 uational awareness and operational control in accordance 

2 with section 3(a). 

3 (b) ADDITIONAL REQUIREMENTS.— 

4 (1) PLAN.—Not later than 180 days after the 

5 date of the enactment of this Act, the Secretary of 

6 Homeland Security shall submit to the appropriate 

7 congressional committees and the BSVC a plan for 

8 the Department of Homeland Security to acquire and 

9 deploy aviation capabilities of the Department along 

10 the southern land border of the United States. 

11 (2) DHS DEPLOYMENT.—Not later than 180 

12 days after the submission of the plan under para13 graph (1), the Secretary of Homeland Security shall 

14 begin acquiring and deploying to the southern land 

15 border of the United States aviation capabilities of 

16 the Department of Homeland Security acquired in 

17 accordance with such plan. 

18 SEC. 9. U.S. CUSTOMS AND BORDER PROTECTION OFFICER 

19 AND AGENT AUTHORIZATION. 

20 (a) BORDER PATROL.—The Border Patrol shall main21 tain an active duty presence of not fewer than 21,370 full 

22 time equivalent agents. 

23 (b) OFFICE OF FIELD OPERATIONS.—The Office of 

24 Field Operations of U.S. Customs and Border Protection 

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1 shall maintain not fewer than 23,775 full time equivalent 

2 officers. 

3 (c) OFFICE OF AIR AND MARINE.—The Office of Air 

4 and Marine of U.S. Customs and Border Protection shall 

5 maintain not fewer than 1,675 full time equivalent agents. 

6 SEC. 10. OFFICE OF AIR AND MARINE FLIGHT HOURS. 

7 (a) INCREASED FLIGHT HOURS.—The Secretary of 

8 Homeland Security shall ensure not fewer than 130,000 an9 nual flight hours of the Office of Air and Marine of U.S. 

10 Customs and Border Protection. 

11 (b) UNMANNED AERIAL SYSTEMS.—The Office of Air 

12 and Marine of U.S. Customs and Border Protection shall 

13 operate unmanned aerial systems not less than 16 hours 

14 per day, seven days per week. 

15 (c) UNMANNED AERIAL SYSTEMS REPORT.—The Of16 fice of Air and Marine of U.S. Customs and Border Protec17 tion shall annually submit to the appropriate congressional 

18 committees a report regarding the requirement referred to 

19 in subsection (b). Such report shall describe the number of 

20 hours the Office of Air and Marine operated unmanned aer21 ial systems— 

22 (1) in a transit zone; 

23 (2) on a land border; 

24 (3) on a maritime border; and 

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1 (4) to assist other Federal, State, local, and trib2 al law enforcement agencies. 

3 SEC. 11. AIR AND MARINE PRIORITIZATION. 

4 The Assistant Commissioner for the Office of Air and 

5 Marine of U.S. Customs and Border Protection shall assign 

6 the greatest prioritization to support requests from the Chief 

7 of the Border Patrol to carry out the requirements of section 

8 3(a). 

9 SEC. 12. BORDER PATROL FLEXIBILITY. 

10 (a) TRANSFER.—The Chief of the Border Patrol may 

11 transfer Border Patrol agents, on a voluntary basis, to high 

12 traffic areas, as determined by the Chief. 

13 (b) INCENTIVE BONUS.—At the discretion of the Chief 

14 of the Border Patrol, a Border Patrol agent may be eligible 

15 for an incentive bonus for any transfer carried out pursu16 ant to subsection (a) if the Chief determines that such trans17 fer is critical to the risk-based approach of the Border Pa18 trol to patrolling the international borders of the United 

19 States. 

20 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

21 authorized to be appropriated to carry out this section 

22 $30,000,000 for each fiscal year. 

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1 SEC. 13. PROHIBITION ON ACTIONS THAT IMPEDE BORDER 

2 SECURITY ON CERTAIN FEDERAL LAND. 

3 (a) PROHIBITION ON SECRETARIES OF THE INTERIOR

4 AND AGRICULTURE.—The Secretary of the Interior or the 

5 Secretary of Agriculture shall not impede, prohibit, or re6 strict activities of U.S. Customs and Border Protection on 

7 Federal land located within 100 miles of the United States 

8 border with Mexico and the United States border with Can9 ada that is under the jurisdiction of the Secretary of the 

10 Interior or the Secretary of Agriculture, to execute search 

11 and rescue operations, and to prevent all unlawful entries 

12 into the United States, including entries by terrorists, other 

13 unlawful aliens, instruments of terrorism, narcotics, and 

14 other contraband through such international borders. These 

15 authorities of U.S. Customs and Border Protection on such 

16 Federal land apply whether or not a state of emergency ex17 ists. 

18 (b) AUTHORIZED ACTIVITIES OF U.S. CUSTOMS AND

19 BORDER PROTECTION.—U.S. Customs and Border Protec20 tion shall have immediate access to Federal land within 100 

21 miles of the United States borders with Mexico and Canada 

22 that are under the jurisdiction of the Secretary of the Inte23 rior or the Secretary of Agriculture for purposes of con24 ducting the following activities on such land to prevent all 

25 unlawful entries into the United States, including entries 

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1 rorism, narcotics, and other contraband through such inter2 national border: 

3 (1) Construction and maintenance of roads. 

4 (2) Construction and maintenance of barriers. 

5 (3) Use of vehicles to patrol, apprehend, or res6 cue. 

7 (4) Installation, maintenance, and operation of 

8 communications and surveillance equipment and sen9 sors. 

10 (5) Deployment of temporary tactical infrastruc11 ture. 

12 (c) CLARIFICATION RELATING TO WAIVER AUTHOR13 ITY.— 

14 (1) IN GENERAL.—Notwithstanding any other 

15 provision of law (including any termination date re16 lating to the waiver referred to in this subsection), the 

17 waiver by the Secretary of Homeland Security on 

18 April 1, 2008, under section 102(c)(1) of the Illegal 

19 Immigration Reform and Immigrant Responsibility 

20 Act of 1996 (8 U.S.C. 1103 note; Public Law 104– 

21 208) of the laws described in paragraph (2) with re22 spect to certain sections of the international borders 

23 between the United States and Mexico and the United 

24 States and Canada shall be considered to apply to all 

25 Federal land under the jurisdiction of the Secretary 

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1 of the Interior or the Secretary of Agriculture within 

2 100 miles of such international borders for the activi3 ties of U.S. Customs and Border Protection described 

4 in subsection (b). 

5 (2) DESCRIPTION OF LAWS WAIVED.—The laws 

6 referred to in paragraph (1) are limited to the Wil7 derness Act (16 U.S.C. 1131 et seq.), the National En8 vironmental Policy Act of 1969 (42 U.S.C. 4321 et 

9 seq.), the Endangered Species Act of 1973 (16 U.S.C. 

10 1531 et seq.), the National Historic Preservation Act 

11 (16 U.S.C. 470 et seq.), Public Law 86–523 (16 

12 U.S.C. 469 et seq.), the Act of June 8, 1906 (com13 monly known as the ‘‘Antiquities Act of 1906’’; 16 

14 U.S.C. 431 et seq.), the Wild and Scenic Rivers Act 

15 (16 U.S.C. 1271 et seq.), the Federal Land Policy and 

16 Management Act of 1976 (43 U.S.C. 1701 et seq.), the 

17 National Wildlife Refuge System Administration Act 

18 of 1966 (16 U.S.C. 668dd et seq.), the Fish and Wild19 life Act of 1956 (16 U.S.C. 742a et seq.), the Fish and 

20 Wildlife Coordination Act (16 U.S.C. 661 et seq.), 

21 subchapter II of chapter 5, and chapter 7, of title 5, 

22 United States Code (commonly known as the ‘‘Admin23 istrative Procedure Act’’), the National Park Service 

24 Organic Act (16 U.S.C. 1 et seq.), the General Au25 thorities Act of 1970 (Public Law 91–383) (16 U.S.C. 

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1 1a–1 et seq.), sections 401(7), 403, and 404 of the Na2 tional Parks and Recreation Act of 1978 (Public Law 

3 95–625, 92 Stat. 3467), and the Arizona Desert Wil4 derness Act of 1990 (16 U.S.C. 1132 note; Public Law 

5 101–628). 

6 (d) PROTECTION OF LEGAL USES.—This section may 

7 not be construed to provide— 

8 (1) authority to restrict legal uses, such as graz9 ing, hunting, mining, or public-use recreational and 

10 backcountry airstrips on land under the jurisdiction 

11 of the Secretary of the Interior or the Secretary of Ag12 riculture; or 

13 (2) any additional authority to restrict legal ac14 cess to such land. 

15 (e) EFFECT ON STATE AND PRIVATE LAND.—This sec16 tion shall— 

17 (1) have no force or effect on State or private 

18 lands; and 

19 (2) not provide authority on or access to State 

20 or private lands. 

21 (f) TRIBAL SOVEREIGNTY.—Nothing in this section su22 persedes, replaces, negates, or diminishes treaties or other 

23 agreements between the United States and Indian tribes. 

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1 SEC. 14. BIOMETRIC EXIT DATA SYSTEM. 

2 (a) ESTABLISHMENT.—The Secretary of Homeland 

3 Security shall— 

4 (1) not later than 180 days after the date of the 

5 enactment of this Act, submit to the Committee on 

6 Homeland Security and the Committee on the Judici7 ary of the House of Representatives and the Com8 mittee on Homeland Security and Governmental Af9 fairs and the Committee on the Judiciary of the Sen10 ate an implementation plan to establish a biometric 

11 exit data system to complete the integrated biometric 

12 entry and exit data system required under section 

13 7208 of the Intelligence Reform and Terrorism Pre14 vention Act of 2004 (8 U.S.C. 1365b), including— 

15 (A) an integrated master schedule and cost 

16 estimate, including requirements and design, de17 velopment, operational, and maintenance costs, 

18 of such a system that takes into account prior re19 ports on such matters issued by the Government 

20 Accountability Office and the Department of 

21 Homeland Security; 

22 (B) cost-effective staffing and personnel re23 quirements of such a system that leverages exist24 ing resources of the Department of Homeland Se25 curity that takes into account prior reports on 

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1 ability Office and the Department of Homeland 

2 Security; 

3 (C) a consideration of training programs 

4 necessary to establish such a system that takes 

5 into account prior reports on such matters issued 

6 by the Government Accountability Office and the 

7 Department of Homeland Security; 

8 (D) a consideration of how such a system 

9 will affect wait times that takes into account 

10 prior reports on such matter issued by the Gov11 ernment Accountability Office and the Depart12 ment of Homeland Security; 

13 (E) information received after consultation 

14 with private sector stakeholders, including— 

15 (i) the trucking industry; 

16 (ii) the airport industry; 

17 (iii) the airline industry; 

18 (iv) the seaport industry; 

19 (v) the travel industry; and 

20 (vi) the biometric technology industry; 

21 (F) a consideration of how trusted traveler 

22 programs in existence as of the date of the enact23 ment of this Act may be impacted by, or incor24 porated into, such a system; 

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1 (G) defined metrics of success and mile2 stones; 

3 (H) identified risks and mitigation strate4 gies to address such risks; and 

5 (I) a consideration of how other countries 

6 have implemented a biometric exit data system; 

7 and 

8 (2) not later than two years after the date of the 

9 enactment of this Act, establish a biometric exit data 

10 system at— 

11 (A) the 15 United States airports that sup12 port the highest volume of international air trav13 el, as determined by available Federal flight 

14 data; 

15 (B) the 15 United States seaports that sup16 port the highest volume of international sea trav17 el, as determined by available Federal travel 

18 data; and 

19 (C) the 15 United States land ports of entry 

20 that support the highest volume of pedestrian 

21 crossings, as determined by available Federal 

22 border crossing data. 

23 (b) IMPLEMENTATION.— 

24 (1) PILOT PROGRAM AT LAND PORTS OF ENTRY

25 FOR NON-PEDESTRIAN OUTBOUND TRAFFIC.—Not 

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1 later than one year after the date of the enactment of 

2 this Act, the Secretary of Homeland Security, in col3 laboration with industry stakeholders, shall establish 

4 a six-month pilot program to test the biometric exit 

5 data system referred to in subsection (a)(2) on non6 pedestrian outbound traffic at not fewer than three 

7 land ports of entry with significant cross-border traf8 fic, including at not fewer than two land ports of 

9 entry on the southern land border and at least one 

10 land port of entry on the northern land border. Such 

11 pilot program may include a consideration of more 

12 than one biometric mode, and shall be implemented to 

13 determine the following: 

14 (A) How a nationwide implementation of 

15 such biometric exit data system at land ports of 

16 entry shall be carried out. 

17 (B) The infrastructure required to carry out 

18 subparagraph (A). 

19 (C) The effects of such pilot program on le20 gitimate travel and trade. 

21 (D) The effects of such pilot program on 

22 wait times, including processing times, for such 

23 non-pedestrian traffic. 

24 (E) Its effectiveness in combating terrorism. 

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1 (F) Its effectiveness in identifying visa hold2 ers who violate the terms of their visas. 

3 (2) AT LAND PORTS OF ENTRY FOR NON-PEDES4 TRIAN OUTBOUND TRAFFIC.— 

5 (A) IN GENERAL.—Not later than five years 

6 after the date of the enactment of this Act, the 

7 Secretary of Homeland Security shall expand the 

8 biometric exit data system referred to in sub9 section (a)(2) to all land ports of entry, and such 

10 system shall apply only in the case of non-pedes11 trian outbound traffic. 

12 (B) EXTENSION.—The Secretary of Home13 land Security may extend for a single two year 

14 period the date specified in subparagraph (A) if 

15 the Secretary certifies to the Committee on 

16 Homeland Security and the Committee on the 

17 Judiciary of the House of Representatives and 

18 the Committee on Homeland Security and Gov19 ernmental Affairs and the Committee on the Ju20 diciary of the Senate that the 15 land ports of 

21 entry that support the highest volume of pas22 senger vehicles, as determined by available Fed23 eral data, do not have the physical infrastructure 

24 or characteristics to install the systems necessary 

25 to implement a biometric exit data system. 

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1 (3) AT AIR AND SEA PORTS OF ENTRY.—Not 

2 later than five years after the date of the enactment 

3 of this Act, the Secretary of Homeland Security shall 

4 expand the biometric exit data system referred to in 

5 subsection (a)(2) to all air and sea ports of entry. 

6 (4) AT LAND PORTS OF ENTRY FOR PEDES7 TRIANS.—Not later than five years after the date of 

8 the enactment of this Act, the Secretary of Homeland 

9 Security shall expand the biometric exit data system 

10 referred to in subsection (a)(2) to all land ports of 

11 entry, and such system shall apply only in the case 

12 of pedestrians. 

13 (c) EFFECTS ON AIR, SEA, AND LAND TRANSPOR14 TATION.—The Secretary of Homeland Security, in con15 sultation with appropriate private sector stakeholders, shall 

16 ensure that the collection of biometric data under this sec17 tion causes the least possible disruption to the movement 

18 of people or cargo in air, sea, or land transportation, while 

19 fulfilling the goals of improving counterterrorism efforts 

20 and identifying visa holders who violate the terms of their 

21 visas. 

22 (d) TERMINATION OF PROCEEDING.—Notwithstanding 

23 any other provision of law, the Secretary of Homeland Se24 curity shall, on the date of the enactment of this Act, termi25 nate the proceeding entitled ‘‘Collection of Alien Biometric 

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1 Data Upon Exit From the United States at Air and Sea 

2 Ports of Departure’’, issued on April 24, 2008 (73 C.F.R. 

3 22065; DHS Docket No. 2008–0039). 

4 (e) DATA-MATCHING.—The biometric exit data system 

5 established under this section shall— 

6 (1) require that the biometric data that is ob7 tained for a person upon entry to the United States 

8 is matched against the biometric data of such person 

9 when such person exits the United States; 

10 (2) leverage the infrastructure and databases of 

11 the current entry system established pursuant to sec12 tion 7208 of the Intelligence Reform and Terrorism 

13 Prevention Act of 2004 (8 U.S.C. 1365b) for the pur14 pose described in paragraph (1); and 

15 (3) be interoperable with, and allow matching 

16 against, other Federal databases that store biometrics 

17 of known or suspected terrorists, and visa holders who 

18 have violated the terms of their visas. 

19 (f) SCOPE.— 

20 (1) IN GENERAL.—The biometric exit data sys21 tem established under this section shall include a re22 quirement for the collection of biometric exit data for 

23 all categories of individuals who are required to pro24 vide biometric entry data. 

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1 (2) EXCEPTION.—This section shall not apply in 

2 the case of a citizen of the United States. 

3 (g) COLLECTION OF DATA.—The Secretary of Home4 land Security may not require any non-Federal person to 

5 collect biometric data pursuant to the biometric exit data 

6 system established under this section, except through a con7 tractual agreement. 

8 (h) MULTI-MODAL COLLECTION.—In carrying out sub9 sections (a)(1) and (b), the Secretary of Homeland Security 

10 shall make every effort to collect biometric data using addi11 tional modes of biometric technology. 

12 (i) PENALTIES FOR FAILURE TO MEET DEADLINES.— 

13 (1) BIOMETRIC EXIT DATA SYSTEM.—If the Sec14 retary fails to meet any of the following requirements 

15 by the applicable deadline, no political appointee of 

16 the Department of Homeland Security may perform 

17 any function described in paragraph (2) until the 

18 Secretary has complied with the requirement: 

19 (A) The submission of the implementation 

20 plan under subsection (a)(1). 

21 (B) The establishment of a biometric exit 

22 data system under subsection (a)(2). 

23 (C) The establishment a six-month pilot 

24 program to test such biometric exit data system 

25 under subsection (b)(1)(A). 

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1 (D) The expansion of such biometric exit 

2 data system under subsection (b)(2)(A). 

3 (E) Any extension of the deadline for such 

4 expansion authorized by the Secretary under 

5 subsection (b)(2)(B)(ii). 

6 (2) FUNCTIONS DESCRIBED.—The functions de7 scribed in this subparagraph are each of the fol8 lowing: 

9 (A) Travel using government aircraft. 

10 (B) Receipt of any non-essential training. 

11 (C) Receipt of bonus pay. 

12 (D) Receipt of any salary increase. 

13 (j) CONGRESSIONAL REVIEW.—Not later than 90 days 

14 after the date of the enactment of this Act, the Secretary 

15 of Homeland Security shall submit to the Committee on 

16 Homeland Security and the Committee on the Judiciary 

17 of the House of Representatives and the Committee on 

18 Homeland Security and Governmental Affairs and the 

19 Committee on the Judiciary of the Senate reports and rec20 ommendations of the Department of Homeland Security 

21 Science and Technology Directorate’s Air Entry and Exit 

22 Re-Engineering Program and the reports and recommenda23 tions of the U.S. Customs and Border Protection entry and 

24 exit mobility program demonstrations. 

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1 SEC. 15. NORTHERN BORDER THREAT ANALYSIS. 

2 (a) IN GENERAL.—Not later than six months after the 

3 date of the enactment of this Act, the Secretary of Homeland 

4 Security shall submit to the appropriate congressional com5 mittees a northern border threat analysis. Such analysis, 

6 at a minimum, shall include the following: 

7 (1) An analysis of current and potential ter8 rorism threats posed by individuals seeking to enter 

9 the United States through the northern border. 

10 (2) An analysis of improvements needed at ports 

11 of entry along the northern border to prevent terror12 ists and instruments of terror from entering the 

13 United States. 

14 (3) An analysis of gaps in law, policy, inter15 national agreements, or tribal agreements that hinder 

16 the border security and counter-terrorism efforts along 

17 the northern border. 

18 (4) An analysis of unlawful cross border activity 

19 between ports of entry, including the maritime bor20 ders of the Great Lakes. 

21 (b) CLASSIFIED THREAT ANALYSIS.—The threat anal22 ysis required under subsection (a) may be submitted in clas23 sified form, if the Secretary of Homeland Security deter24 mines that such is appropriate. 

25 (c) REQUIRED NORTHERN BORDER CAPABILITY DE26 PLOYMENT.—Not later than 18 months after the date of the 

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1 enactment of this Act, the Secretary of Homeland Security, 

2 acting through the appropriate component of the Depart3 ment of Homeland Security, shall, at a minimum, deploy 

4 to each sector of the northern border, in a prioritized, risk5 based manner, the following additional capabilities: 

6 (1) BLAINE SECTOR.—For the Blaine sector, the 

7 following: 

8 (A) Coastal radar surveillance systems. 

9 (B) Mobile vehicle-mounted and man-port10 able surveillance systems. 

11 (C) Advanced unattended surveillance sen12 sors. 

13 (D) Improved agent communications capa14 bilities. 

15 (E) Increased flight hours for aerial detec16 tion, interdiction, and monitoring operations ca17 pability. 

18 (F) Man-portable unmanned aerial vehicles. 

19 (G) Ultralight aircraft detection capabili20 ties. 

21 (H) Modernized port of entry surveillance 

22 capabilities. 

23 (I) Increased maritime interdiction capa24 bilities. 

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1 (2) SPOKANE SECTOR.—For the Spokane sector, 

2 the following: 

3 (A) Mobile vehicle-mounted and man-port4 able surveillance systems. 

5 (B) Advanced unattended surveillance sen6 sors. 

7 (C) Improved agent communications capa8 bilities. 

9 (D) Increased flight hours for aerial detec10 tion, interdiction, and monitoring operations ca11 pability. 

12 (E) Man-portable unmanned aerial vehicles. 

13 (F) Completion of six miles of the Bog 

14 Creek road. 

15 (G) Ultralight aircraft detection capabili16 ties. 

17 (H) Modernized port of entry surveillance 

18 capabilities. 

19 (3) HAVRE SECTOR.—For the Havre sector, the 

20 following: 

21 (A) Mobile vehicle-mounted and man-port22 able surveillance systems. 

23 (B) Advanced unattended surveillance sen24 sors. 

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1 (C) Improved agent communications capa2 bilities. 

3 (D) Increased flight hours for aerial detec4 tion, interdiction, and monitoring operations ca5 pability. 

6 (E) Man-portable unmanned aerial vehicles. 

7 (F) Ultralight aircraft detection capabili8 ties. 

9 (G) Modernized port of entry surveillance 

10 capabilities. 

11 (4) GRAND FORKS SECTOR.—For the Grand 

12 Forks sector, the following: 

13 (A) Mobile vehicle-mounted and man-port14 able surveillance systems. 

15 (B) Advanced unattended surveillance sen16 sors. 

17 (C) Improved agent communications capa18 bilities. 

19 (D) Increased flight hours for aerial detec20 tion, interdiction, and monitoring operations ca21 pability. 

22 (E) Man-portable unmanned aerial vehicles. 

23 (F) Ultralight aircraft detection capabili24 ties. 

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1 (G) Modernized port of entry surveillance 

2 capabilities. 

3 (5) DETROIT SECTOR.—For the Detroit sector, 

4 the following: 

5 (A) Coastal radar surveillance systems. 

6 (B) Mobile vehicle-mounted and man-port7 able surveillance systems. 

8 (C) Advanced unattended surveillance sen9 sors. 

10 (D) Improved agent communications capa11 bilities. 

12 (E) Increased flight hours for aerial detec13 tion, interdiction, and monitoring operations ca14 pability. 

15 (F) Man-portable unmanned aerial vehicles. 

16 (G) Ultralight aircraft detection capabili17 ties. 

18 (H) Modernized port of entry surveillance 

19 capabilities. 

20 (I) Increased maritime interdiction capa21 bilities. 

22 (6) BUFFALO SECTOR.—For the Buffalo sector, 

23 the following: 

24 (A) Coastal radar surveillance systems. 

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1 (B) Mobile vehicle-mounted and man-port2 able surveillance systems. 

3 (C) Advanced unattended surveillance sen4 sors. 

5 (D) Improved agent communications capa6 bilities. 

7 (E) Increased flight hours for aerial detec8 tion, interdiction, and monitoring operations ca9 pability. 

10 (F) Man-portable unmanned aerial vehicles. 

11 (G) Ultralight aircraft detection capabili12 ties. 

13 (H) Modernized port of entry surveillance 

14 capabilities. 

15 (I) Increased maritime interdiction capa16 bilities. 

17 (7) SWANTON SECTOR.—For the Swanton sector, 

18 the following: 

19 (A) Mobile vehicle-mounted and man-port20 able surveillance systems. 

21 (B) Advanced unattended surveillance sen22 sors. 

23 (C) Improved agent communications capa24 bilities. 

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1 (D) Increased flight hours for aerial detec2 tion, interdiction, and monitoring operations ca3 pability. 

4 (E) Man-portable unmanned aerial vehicles. 

5 (F) Ultralight aircraft detection capabili6 ties. 

7 (G) Modernized port of entry surveillance 

8 capabilities. 

9 (8) HOULTON SECTOR.—For the Houlton sector, 

10 the following: 

11 (A) Mobile vehicle-mounted and man-port12 able surveillance systems. 

13 (B) Advanced unattended surveillance sen14 sors. 

15 (C) Improved agent communications capa16 bilities. 

17 (D) Increased flight hours for aerial detec18 tion, interdiction, and monitoring operations ca19 pability. 

20 (E) Man-portable unmanned aerial vehicles. 

21 (F) Ultralight aircraft detection capabili22 ties. 

23 (G) Modernized port of entry surveillance 

24 capabilities. 

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1 (d) ADHERENCE TO CERTAIN STANDARDS.—The 

2 Under Secretary for Management of the Department of 

3 Homeland Security, in coordination with the Assistant 

4 Commissioner of the Office of Administration of U.S. Cus5 toms and Border Protection, shall ensure component pro6 gram managers who are responsible for carrying out this 

7 section adhere to internal control standards identified by 

8 the Comptroller General of the United States. The Assistant 

9 Commissioner shall provide information, as needed, to as10 sist the Under Secretary for Management in monitoring 

11 proper program management of border security programs 

12 carried out pursuant to this section. 

13 SEC. 16. OPERATION STONEGARDEN PROGRAM. 

14 (a) IN GENERAL.—Title XX of the Homeland Security 

15 Act of 2002 (6 U.S.C. 601 et seq.) is amended by adding 

16 the following new subtitle: 

17 ‘‘Subtitle C—Other Grant Programs 

18 ‘‘SEC. 2031. OPERATION STONEGARDEN. 

19 ‘‘(a) ESTABLISHMENT.—There is established in the De20 partment a program to be known as ‘Operation 

21 Stonegarden’. Under such program, the Secretary, acting 

22 through the Administrator, shall make grants to eligible law 

23 enforcement agencies to enhance border security in accord24 ance with this section. 

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1 ‘‘(b) ELIGIBLE RECIPIENTS.—To be eligible to receive 

2 a grant under this section, a law enforcement agency 

3 shall— 

4 ‘‘(1) be located in— 

5 ‘‘(A) a State bordering either Canada or 

6 Mexico; or 

7 ‘‘(B) a State or territory with a maritime 

8 border; and 

9 ‘‘(2) be involved in an active ongoing U.S. Cus10 toms and Border Protection operation coordinated 

11 through a sector office. 

12 ‘‘(c) PERMITTED USES.—The recipient of a grant 

13 under this section may use the grant for any of the following 

14 activities: 

15 ‘‘(1) Equipment, including maintenance and 

16 sustainment costs. 

17 ‘‘(2) Personnel, including overtime and backfill, 

18 in support of enhanced border law enforcement activi19 ties. 

20 ‘‘(3) Any activity permitted under the Depart21 ment of Homeland Security’s Fiscal Year 2014 Fund22 ing Opportunity Announcement for Operation 

23 Stonegarden. 

24 ‘‘(4) Any other appropriate activity, as deter25 mined by the Administrator. 

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1 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated $110,000,000 for each of fis3 cal years 2015 through 2019 for grants under this section. 

4 ‘‘(e) REPORT.—The Administrator shall annually sub5 mit to the Committee on Homeland Security and Govern6 mental Affairs of the Senate and the Committee on Home7 land Security of the House of Representatives a report con8 taining information on the expenditure of grants made 

9 under this section by each grant recipient.’’. 

10 (b) CLERICAL AMENDMENT.—The table of contents in 

11 section 1(b) of such Act is amended by inserting after the 

12 items relating to subtitle B of title XX the following new 

13 items: 

‘‘Subtitle C—Other Grant Programs 

‘‘Sec. 2031. Operation Stonegarden.’’. 

14 SEC. 17. SALE OR DONATION OF EXCESS PERSONAL PROP15 ERTY FOR BORDER SECURITY ACTIVITIES. 

16 Section 2576a of title 10, United States Code, is 

17 amended— 

18 (1) in subsection (a)— 

19 (A) in paragraph (1)(A), by striking 

20 ‘‘counter-drug and counter-terrorism activities’’ 

21 and inserting ‘‘counterdrug, counterterrorism, 

22 and border security activities’’; and 

23 (B) in paragraph (2), by striking ‘‘the At24 torney General and the Director of National 

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1 Drug Control Policy’’ and inserting ‘‘the Attor2 ney General, the Director of National Drug Con3 trol Policy, and the Secretary of Homeland Se4 curity, as appropriate.’’; and 

5 (2) in subsection (d), by striking ‘‘counter-drug 

6 or counter-terrorism activities’’ and inserting 

7 ‘‘counterdrug, counterterrorism, or border security ac8 tivities’’. 

9 SEC. 18. REIMBURSEMENT OF STATES FOR DEPLOYMENT 

10 OF NATIONAL GUARD TO THE SOUTHERN 

11 LAND BORDER. 

12 Of the amounts authorized to be appropriate pursuant 

13 to section 21, not more than $35,000,000 may be used for 

14 any fiscal year to reimburse States for the cost of the de15 ployment of any units or personnel of the National Guard 

16 to perform operations and missions under State Active 

17 Duty status in support of a southern land border mission. 

18 SEC. 19. OPERATION OF THE BORDER PATROL. 

19 The Border Patrol shall operate using intelligence20 based operations to combat terrorist and transnational 

21 criminal threats along the international borders of the 

22 United States. In carrying out this section, the Border Pa23 trol shall coordinate with international, Federal, State, 

24 local, and tribal law enforcement partners. 

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1 SEC. 20. DEFINITIONS. 

2 In this Act: 

3 (1) ADVANCED UNATTENDED SURVEILLANCE

4 SENSORS.—The term ‘‘advanced unattended surveil5 lance sensors’’ means sensors that utilize an onboard 

6 computer to analyze detections in an effort to discern 

7 between vehicles, humans, and animals, and ulti8 mately filter false positives prior to transmission. 

9 (2) APPROPRIATE CONGRESSIONAL COMMIT10 TEES.—The term ‘‘appropriate congressional commit11 tees’’ means the Committee on Homeland Security of 

12 the House of Representatives and the Committee on 

13 Homeland Security and Governmental Affairs of the 

14 Senate. 

15 (3) COCAINE REMOVAL EFFECTIVENESS RATE.— 

16 The term ‘‘cocaine removal effectiveness rate’’ means 

17 the percentage that results from dividing the amount 

18 of cocaine removed by the Department of Homeland 

19 Security’s maritime security components inside or 

20 outside a transit zone, as the case may be, by the total 

21 documented cocaine flow rate as contained in Federal 

22 drug databases. 

23 (4) CONSEQUENCE DELIVERY SYSTEM.—The 

24 term ‘‘Consequence Delivery System’’ means the series 

25 of consequences applied to persons unlawfully entermstockstill on DSK4VPTVN1PROD with BILLS

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1 ing the United States by the Border Patrol to prevent 

2 unlawful border crossing recidivism. 

3 (5) GOT AWAY.—The term ‘‘got away’’ means an 

4 unlawful border crosser who, after making an unlaw5 ful entry into the United States, is not turned back 

6 or apprehended. 

7 (6) HIGH TRAFFIC AREAS.—The term ‘‘high traf8 fic areas’’ means sectors along the northern and 

9 southern land borders of the United States that are 

10 within the responsibility of the Border Patrol that 

11 have significant unlawful cross-border activity, in12 formed through situational awareness. 

13 (7) UNLAWFUL BORDER CROSSING EFFECTIVE14 NESS RATE.—The term ‘‘unlawful border crossing ef15 fectiveness rate’’ means the percentage that results 

16 from dividing the number of apprehensions and turn 

17 backs by the number of apprehensions, turn backs, 

18 and got aways. The data used by the Secretary of 

19 Homeland Security to determine such rate shall be 

20 collected and reported in a consistent and standard21 ized manner across all Border Patrol sectors, in22 formed by situational awareness. 

23 (8) MAJOR VIOLATOR.—The term ‘‘major viola24 tor’’ means a person or entity that has engaged in se25 rious criminal activities at any land, air, or sea port 

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1 of entry, including possession of illicit drugs, smug2 gling of prohibited products, human smuggling, weap3 ons possession, use of fraudulent United States docu4 ments, or other offenses serious enough to result in ar5 rest. 

6 (9) OPERATIONAL CONTROL.—The term ‘‘oper7 ational control’’ has the meaning given such term in 

8 section 2(b) of the Secure Fence Act of 2006 (8 U.S.C. 

9 1701 note; Public Law 109–367). 

10 (10) SITUATIONAL AWARENESS.—The term ‘‘situ11 ational awareness’’ means knowledge and an under12 standing of current unlawful cross-border activity, in13 cluding cross-border threats and trends concerning il14 licit trafficking and unlawful crossings along the 

15 international borders of the United States, the ability 

16 to forecast future shifts in such threats and trends, 

17 and the operational capability to conduct continuous 

18 and integrated surveillance of the international bor19 ders of the United States. 

20 (11) TRANSIT ZONE.—The term ‘‘transit zone’’ 

21 means the sea corridors of the western Atlantic Ocean, 

22 the Gulf of Mexico, the Caribbean Sea, and the east23 ern Pacific Ocean through which undocumented mi24 grants and illicit drugs transit, either directly or in25 directly, to the United States. 

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1 (12) TURN BACK.—The term ‘‘turn back’’ means 

2 an unlawful border crosser who, after making an un3 lawful entry into the United States, returns to the 

4 country from which such crosser entered. 

5 SEC. 21. AUTHORIZATION OF APPROPRIATIONS. 

6 There is authorized to be appropriated for each of fis7 cal years 2016 through 2025 $1,000,000,000 to carry out 

8 this Act and the amendments made by this Act. 

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Union Calendar No. 6 

114TH CONGRESS 

1ST SESSION H. R. 399 

[Report No. 114–10, Part I] 

A BILL 

To require the Secretary of Homeland Security to 

for other purposes. international borders of the United States, and gain and maintain operational control of the 

JANUARY 27, 2015 

Reported from the Committee on Homeland Security 

J

with an amendment 

ANUARY 27, 2015 

The Committees on Armed Services, Natural Resources, 

and ordered to be printed mittee of the Whole House on the State of the Union and Agriculture discharged; committed to the Commstockstill on DSK4VPTVN1PROD with BILLS