II 

114TH CONGRESS 

1ST SESSION S. 208 

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 SENATE OF THE UNITED STATES 

JANUARY 21, 2015 

Mr. JOHNSON (for himself, Mr. CORNYN, Mr. FLAKE, and Mr. MCCAIN) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

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. 

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 

5 ‘‘Secure the Border 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. 


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Sec. 4. Establishment of Border Security Verification Commission. 

Sec. 5. Required consequence. 

Sec. 6. Tactical flexibility. 

Sec. 7. Deployment of certain aviation assets to the southern land border. 

Sec. 8. U.S. Customs and Border Protection officer and agent authorization. 

Sec. 9. Office of Air and Marine flight hours. 

Sec. 10. Air and Marine prioritization. 

Sec. 11. Border Patrol flexibility. 

Sec. 12. Prohibition on actions that impede border security on certain Federal 

land. 

Sec. 13. Biometric exit data system. 

Sec. 14. Northern border threat analysis. 

Sec. 15. Operation Stonegarden program. 

Sec. 16. Sale or donation of excess personal property for border security activities. 

Sec. 17. Reimbursement of States for deployment of National Guard to the 

southern border. 

Sec. 18. U.S. Customs and Border Protection personnel. 

Sec. 19. Cross-border trade enhancement. 

Sec. 20. Implementation of Government Accountability Office findings. 

Sec. 21. Authority to enter into agreements for the provision of certain services 

at land border ports of entry. 

Sec. 22. Definitions. 

Sec. 23. Authorization of appropriations. 

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

2 (a) IN GENERAL.— 

3 (1) REPORTS.—The Secretary of Homeland Se4 curity shall submit to the appropriate congressional 

5 committees, the Border Security Verification Com6 mission (BSVC), and the Government Accountability 

7 Office reports that assess and describe the state of 

8 situational awareness and operational control along 

9 the northern and southern borders of the United 

10 States. Such reports shall include an identification 

11 of the high traffic areas and the unlawful border 

12 crossing effectiveness rate for each sector along the 

13 northern and southern borders of the United States 


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1 that are within the responsibility of the Border Pa2 trol. 

3 (2) DEADLINES.—The reports required under 

4 paragraph (1) shall be submitted as follows: 

5 (A) The first such report shall be sub6 mitted by not later than 30 days after the date 

7 of the enactment of this Act. 

8 (B) During the two-year period beginning 

9 on the date of the submission of such first re10 port, such reports shall be submitted every 180 

11 days. 

12 (C) During the period beginning on the 

13 date that is 180 days after the date of the sub14 mission of last report under subparagraph (B), 

15 such reports shall be submitted every 360 days. 

16 (b) GAO REPORT.—Not later than 90 days after re17 ceiving the initial report required under subsection (a), the 

18 Comptroller General of the United States shall report to 

19 the appropriate congressional committees and the BSVC 

20 regarding the verification of the data and methodology 

21 used to determine high traffic areas and the unlawful bor22 der crossing effectiveness rate. 

23 SEC. 3. OPERATIONAL CONTROL OF THE BORDER. 

24 (a) SECURING THE BORDER.—The Secretary of 

25 Homeland Security shall gain and maintain situational 


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1 awareness, and operational control of high traffic areas, 

2 by the date that is not later than two years after the date 

3 of the enactment of this Act, and operational control and 

4 situational awareness along the southern land border of 

5 the United States by the date that is not later than five 

6 years after such date of enactment. 

7 (b) REQUIRED CAPABILITY DEPLOYMENT.—Not 

8 later than one year after the date of the enactment of this 

9 Act, the Secretary of Homeland Security, acting through 

10 the appropriate component of the Department of Home11 land Security, shall, at a minimum, deploy to each sector 

12 or region, as the case may be, of the southern border, in 

13 a prioritized, risk-based manner to achieve situational 

14 awareness and operational control of the border the fol15 lowing additional capabilities: 

16 (1) SAN DIEGO SECTOR.—For the San Diego 

17 sector, the following: 

18 (A) Subterranean surveillance and detec19 tion technologies. 

20 (B) To increase coastal maritime domain 

21 awareness, the following: 

22 (i) Deployable, lighter than air surface 

23 surveillance equipment. 

24 (ii) Unmanned aerial vehicles with 

25 maritime surveillance capability. 


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1 (iii) Maritime patrol aircraft. 

2 (iv) Coastal radar surveillance sys3 tems. 

4 (v) Maritime signals intelligence capa5 bilities. 

6 (C) Ultralight aircraft detection capabili7 ties. 

8 (D) Advanced unattended surveillance sen9 sors. 

10 (2) EL CENTRO SECTOR.—For the El Centro 

11 sector, the following: 

12 (A) Tower-based surveillance technology. 

13 (B) Deployable, lighter than air ground 

14 surveillance equipment. 

15 (C) Man-portable unmanned aerial vehi16 cles. 

17 (D) Ultralight aircraft detection capabili18 ties. 

19 (E) Advanced unattended surveillance sen20 sors. 

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

22 following: 

23 (A) Tower-based surveillance technology. 

24 (B) Mobile vehicle-mounted and man-port25 able surveillance systems. 


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1 (C) Deployable, lighter-than-air ground 

2 surveillance equipment. 

3 (D) Ultralight aircraft detection capabili4 ties. 

5 (E) Advanced unattended surveillance sen6 sors. 

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

8 the following: 

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

12 (B) Man-portable unmanned aerial vehi13 cles. 

14 (C) Tower-based surveillance technology. 

15 (D) Ultralight aircraft detection capabili16 ties. 

17 (E) Advanced unattended surveillance sen18 sors. 

19 (F) Deployable, lighter than air ground 

20 surveillance equipment. 

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

22 the following: 

23 (A) Tower-based surveillance technology. 

24 (B) Ultralight aircraft detection capabili25 ties. 


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1 (C) Advanced unattended surveillance sen2 sors. 

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

5 (E) Deployable, lighter than air ground 

6 surveillance equipment. 

7 (6) BIG BEND SECTOR.—For the Big Bend sec8 tor, the following: 

9 (A) Tower-based surveillance technology. 

10 (B) Deployable, lighter than air ground 

11 surveillance equipment. 

12 (C) Improved agent communications capa13 bilities. 

14 (D) Ultralight aircraft detection capabili15 ties. 

16 (E) Advanced unattended surveillance sen17 sors. 

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

19 the following: 

20 (A) Increased monitoring for cross-river 

21 dams, culverts, and footpaths. 

22 (B) Improved agent communications capa23 bilities. 

24 (C) Improved maritime capabilities in the 

25 Amistad Recreation Area. 


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1 (D) Advanced unattended surveillance sen2 sors. 

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

4 the following: 

5 (A) Maritime detection resources for Fal6 con Lake region. 

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

10 (C) Increased monitoring for cross-river 

11 dams, culverts, and footpaths. 

12 (D) Ultralight aircraft detection capability. 

13 (E) Advanced unattended surveillance sen14 sors. 

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

16 Grande Valley sector, the following: 

17 (A) Deployable, lighter than air ground 

18 surveillance equipment. 

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

22 (C) Ultralight aircraft detection capability. 

23 (D) Advanced unattended surveillance sen24 sors. 


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1 (E) Increased monitoring for cross-river 

2 dams, culverts, footpaths. 

3 (10) EASTERN PACIFIC MARITIME REGION.— 

4 For the Eastern Pacific Maritime region, the fol5 lowing: 

6 (A) Increased cutter and boat hours and 

7 operation platforms to conduct interdiction op8 erations. 

9 (B) Increased maritime signals intelligence 

10 capabilities. 

11 (C) To increase maritime domain aware12 ness, the following: 

13 (i) Deployable, lighter than air surface 

14 surveillance equipment. 

15 (ii) Unmanned aerial vehicles with 

16 maritime surveillance capability. 

17 (iii) Increased maritime aviation pa18 trol hours. 

19 (iv) Coastal radar surveillance sys20 tems. 

21 (D) Increased operational hours for mari22 time security components dedicated to joint 

23 counter-smuggling and interdiction efforts with 

24 other Federal agencies, including the Joint 

25 Interagency Task Forces, and the United 


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1 States Coast Guard Deployable Specialized 

2 Forces. 

3 (11) CARIBBEAN AND GULF MARITIME RE4 GION.—For the Caribbean and Gulf Maritime re5 gion, the following: 

6 (A) Increased cutter and boat hours and 

7 operation platforms to conduct interdiction op8 erations. 

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 

25 other Federal agencies, including the Joint 


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1 Interagency Task Forces, and the United 

2 States Coast Guard Deployable Specialized 

3 Forces. 

4 (c) FENCING AND INFRASTRUCTURE.— 

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

6 after the date of the enactment of this Act, the Sec7 retary of Homeland Security shall construct, at a 

8 minimum, each of the following: 

9 (A) Seven miles of double layer fencing in 

10 the Border Patrol’s San Diego sector in addi11 tion to such fencing in existence as of the date 

12 of the enactment of this Act. 

13 (B) Ten miles of double layer pedestrian 

14 fencing in the Border Patrol’s Tucson sector in 

15 addition to such fencing in existence as of the 

16 date of the enactment of this Act. 

17 (C) Ten miles of double layer pedestrian 

18 fencing in the Border Patrol’s Rio Grande Val19 ley sector in addition to such fencing in exist20 ence as of the date of the enactment of this 

21 Act. 

22 (2) FENCE REPAIR AND REPLACEMENT.—Not 

23 later than 18 months after the date of the enact24 ment of this Act, the Secretary of Homeland SecuVerDate Sep 11 2014 23:43 Jan 29, 2015 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S208.IS S208

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1 rity shall replace, at a minimum, each of the fol2 lowing: 

3 (A) Thirty-one miles of landing mat fenc4 ing with bollard style fencing in the Border Pa5 trol’s 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 

10 with 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, 

20 the Secretary of Homeland Security shall complete, 

21 at a minimum, each of the following road construc22 tion projects to allow greater access for the Border 

23 Patrol: 

24 (A) Seven miles of road construction in the 

25 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 

6 in 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 

13 in 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 

17 the 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, 

20 the Secretary of Homeland Security shall complete, 

21 at a minimum, each of the following: 

22 (A) Thirty-seven miles of road mainte23 nance 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 

3 Rio 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 sec8 tor. 

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

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

11 Secretary of Homeland Security shall complete six 

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

13 Bend sector in addition to such fencing in existence 

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

15 (6) VEHICLE FENCE REPLACEMENT.—Not later 

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

17 Act, the Secretary of Homeland Security shall re18 place five miles of vehicle fencing with new vehicle 

19 fencing in the Border Patrol’s Tucson sector in addi20 tion to such fencing in existence as of the date of 

21 the enactment of this Act. 

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

23 after the date of the enactment of this Act, the Sec24 retary of Homeland Security shall complete, at a 

25 minimum, the construction of each of the following: 


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1 (A) Eight boat ramps in the Border Pa2 trol’s Del Rio sector in addition to such ramps 

3 in existence as of the date of the enactment of 

4 this Act. 

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

6 Laredo sector in addition to such ramps in ex7 istence as of the date of the enactment of this 

8 Act. 

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

10 Patrol’s Rio Grande Valley sector in addition to 

11 such ramps in existence as of the date of the 

12 enactment of this Act. 

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

14 after the date of the enactment of this Act, the Sec15 retary of Homeland Security shall construct 34 ac16 cess gates in the Border Patrol’s Rio Grande Valley 

17 sector in addition to such gates in existence as of 

18 the date of the enactment of this Act. 

19 (9) FORWARD OPERATING BASES.—Not later 

20 than one year after the date of enactment of this 

21 Act, the Secretary of Homeland Security shall com22 plete, at a minimum, construction of each of the fol23 lowing: 

24 (A) One forward operating base in the 

25 Border Patrol’s El Paso sector in addition to 


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1 such bases in existence as of the date of the en2 actment of this Act. 

3 (B) Two forward operating bases in the 

4 Border Patrol’s Tucson sector in addition to 

5 such bases in existence as of the date of the en6 actment of this Act. 

7 (C) Three forward operating bases in the 

8 Border Patrol’s Big Bend sector in addition to 

9 such bases in existence as of the date of the en10 actment of this Act. 

11 (D) Two forward operating bases in the 

12 Border Patrol’s Del Rio sector in addition to 

13 such bases in existence as of the date of the en14 actment of this Act. 

15 (E) Two forward operating bases in the 

16 Border Patrol’s Laredo sector in addition to 

17 such bases in existence as of the date of the en18 actment of this Act. 

19 (F) Two forward operating bases in the 

20 Border Patrol’s Rio Grande Valley sector in ad21 dition to such bases in existence as of the date 

22 of the enactment of this Act. 

23 (10) ROADS.—The roads referred to in para24 graphs (3) and (4) shall include border roads, patrol 


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1 roads, access roads, and Federal, State, local, and 

2 privately owned roads. 

3 (11) MINIMUM FORWARD OPERATING BASE RE4 QUIREMENTS.—The forward operating bases re5 ferred to in paragraph (9) shall be equipped with 

6 each of the following: 

7 (A) Perimeter security. 

8 (B) Temporary detention space. 

9 (C) An interview room. 

10 (D) Water. 

11 (E) Power. 

12 (F) Adequate communications, including 

13 local area network connectivity. 

14 (G) Helicopter landing zone. 

15 (d) CARRIZO CANE ERADICATION.— 

16 (1) FINDINGS.—Congress makes the following 

17 findings: 

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

19 plant growing along the Rio Grande River in 

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

21 (B) According to U.S. Customs and Bor22 der Protection, ‘‘the [Carrizo cane] plant causes 

23 serious officer safety issues and operational 

24 concerns because it hampers enforcement along 

25 the [Rio Grande] river. The plant also provides 


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1 concealment to criminals, drug smugglers, ille2 gal aliens, and potential terrorists who could 

3 use it as an advantage to enter the Unites 

4 States illegally. The obvious officer safety haz5 ards created by this situation are of grave con6 cern to the Border Patrol and need to be rem7 edied’’. 

8 (2) ERADICATION.—The Chief of the Border 

9 Patrol shall coordinate with the heads of each rel10 evant Federal and State agency to eradicate, to the 

11 greatest extent practicable, the Carrizo cane plant 

12 along the Rio Grande River. 

13 (e) CONSULTATION.—The Secretary of Homeland Se14 curity shall consult with the governors of each southern 

15 border State, including southern border maritime States, 

16 representatives of the Border Patrol and U.S. Customs 

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

18 and tribal agencies that have jurisdiction on the southern 

19 border, or in the maritime environment, to develop the 

20 operational plan required under subsection (f) and the 

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

22 (f) OPERATIONAL PLAN.— 

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

24 after the date of the enactment of this Act, the Sec25 retary of Homeland Security shall submit to the apVerDate Sep 11 2014 23:43 Jan 29, 2015 Jkt 049200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S208.IS S208

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1 propriate congressional committees, the BSVC, and 

2 the Comptroller General of the United States a com3 prehensive operational plan for each of the compo4 nents of the Department of Homeland Security re5 sponsible for border or maritime security to gain and 

6 maintain situational awareness, operational control 

7 of high traffic areas, and operational control along 

8 the southern land border of the United States by the 

9 dates, respectively, referred to in subsection (a). 

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

11 under paragraph (1) shall include the following: 

12 (A) An assessment of principal border se13 curity threats, including threats relating to the 

14 smuggling and trafficking of humans, weapons, 

15 and illicit drugs. 

16 (B) A description of the required capability 

17 deployment under subsection (b). 

18 (C) A plan to analyze and disseminate bor19 der security and border threat information 

20 among the border security components of the 

21 Department of Homeland Security, and be22 tween the Department and other appropriate 

23 Federal departments and agencies with mis24 sions associated with the border. 


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1 (D) A plan to achieve situational aware2 ness using the capabilities deployed under sub3 section (b). 

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

5 security assets will be operationally integrated 

6 with assets in use by the Department of Home7 land Security as of the date of the enactment 

8 of this Act. 

9 (F) A plan to eradicate the Carrizo cane 

10 plant, as required under subsection (d). 

11 (G) Lessons learned from Operation 

12 Jumpstart and Operation Phalanx. 

13 (H) A description of border security infor14 mation received from consultation with border 

15 community stakeholders, including representa16 tives from agricultural and ranching organiza17 tions and business and civic organizations along 

18 the northern or southern border. 

19 (I) A description of the staffing require20 ments for all border security functions of the 

21 border security components of the Department 

22 of Homeland Security. 

23 (J) A prioritized list of research and devel24 opment objectives to enhance the security of the 


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1 international land and maritime borders of the 

2 United States. 

3 (K) An assessment of the relationship be4 tween border security operations and crossing 

5 times. 

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

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

8 (M) An integrated master schedule and 

9 cost estimate, including lifecycle costs, for the 

10 activities contained in such operational plan. 

11 (N) A documented justification and ration12 ale for technology choices. 

13 (O) Deployment locations. 

14 (P) A timetable for procurement and de15 ployment. 

16 (Q) Estimates of operation and mainte17 nance costs. 

18 (R) An identification of any impediments 

19 to the deployment of such technologies. 

20 (3) CLASSIFIED ASSESSMENT.—The assessment 

21 required to be included in the report under para22 graph (2)(A) may be submitted in classified form, if 

23 the Secretary of Homeland Security determines that 

24 such is appropriate. 

25 (4) IMPLEMENTATION.— 


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1 (A) IN GENERAL.—The Secretary of 

2 Homeland Security shall commence the imple3 mentation of the operational plan under para4 graph (1) not later than 30 days after the sub5 mission to the appropriate congressional com6 mittees of the report by the Comptroller Gen7 eral of the United States under subparagraph 

8 (C). 

9 (B) COMPTROLLER GENERAL REVIEW.— 

10 Not later than 90 days after receiving the oper11 ational plan under paragraph (1), the Comp12 troller General of the United States shall sub13 mit to the appropriate congressional committees 

14 and the BSVC a report on the operational plan 

15 required under paragraph (1) and such congres16 sional justification. 

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

18 after the submission of each Quadrennial Homeland Secu19 rity Review required under section 707 of the Homeland 

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

21 first such Review that is due after the operational plan 

22 is submitted under subsection (f), the Secretary of Home23 land Security shall submit to the appropriate congres24 sional committees, the BSVC, and the Comptroller GenVerDate Sep 11 2014 23:43 Jan 29, 2015 Jkt 049200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S208.IS S208

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1 eral of the United States an updated operational plan 

2 under paragraph (1) of subsection (f). 

3 (h) METRICS FOR SECURING THE BORDER BETWEEN

4 PORTS OF ENTRY.— 

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

6 after the date of the enactment of this Act and an 

7 annually thereafter, the Chief of the Border Patrol 

8 shall develop metrics, informed by situational aware9 ness, to measure the effectiveness of security be10 tween ports of entry, which shall include, at a min11 imum, the following: 

12 (A) An unlawful border crossing effective13 ness rate, informed by situational awareness. 

14 (B) A probability of detection that meas15 ures the estimated total unlawful border cross16 ing attempts not detected by the Border Patrol 

17 against the unlawful border crossing effective18 ness rate referred to in subparagraph (A). 

19 (C) A weight-to-frequency rate which 

20 measures the average weight of marijuana 

21 seized per seizure by the Border Patrol in any 

22 fiscal year compared to such a weight-to-fre23 quency rate for the immediately preceding five 

24 fiscal years. 


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1 (D) A situational awareness achievement 

2 metric that measures the amount of situational 

3 awareness achieved in each Border Patrol sec4 tor. 

5 (E) An illicit drugs seizure rate which 

6 measures the amount and type of illicit drugs 

7 seized by the Border Patrol in any fiscal year 

8 compared to an average of the amount and type 

9 of illicit drugs seized by the Border Patrol for 

10 the immediately preceding five fiscal years. 

11 (F) In consultation the Office of National 

12 Drug Control Policy and the United States 

13 Southern Command, a cocaine seizure effective14 ness rate measured as a percentage that results 

15 from dividing the amount of cocaine seized by 

16 the Border Patrol by the total documented co17 caine flow rate between ports of entry along the 

18 southern land border. 

19 (G) Estimates, using alternative meth20 odologies, including recidivism data, survey 

21 data, known-flow data, and technologically 

22 measured data, of total attempted unlawful bor23 der crossings, the rate of apprehension of at24 tempted unlawful border crossers, and the inVerDate Sep 11 2014 23:43 Jan 29, 2015 Jkt 049200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S208.IS S208

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1 flow into the United States of unlawful border 

2 crossers who evade apprehension. 

3 (H) Estimates of the impact of the Border 

4 Patrol’s Consequence Delivery System on the 

5 rate of recidivism of unlawful border crossers. 

6 (2) METRICS CONSULTATION.—In developing 

7 the metrics required under paragraph (1), the Chief 

8 of the Border Patrol shall consult with staff mem9 bers of the Office of Policy at the Department of 

10 Homeland Security and staff members of the Office 

11 of the Chief Financial Officer of the Department of 

12 Homeland Security. Such staff members may not be 

13 political appointees. 

14 (3) METRICS NOT REVIEWABLE.—The metrics 

15 required under paragraph (1) may not be reviewed 

16 or otherwise amended by the President, any staff 

17 employed by the Executive Office of the President, 

18 the Secretary of Homeland Security, the Deputy 

19 Secretary of Homeland Security, the Commissioner 

20 of U.S. Customs and Border Protection, or the Dep21 uty Commissioner of U.S. Customs and Border Pro22 tection before the submission of such metrics to the 

23 appropriate congressional committees, the BSVC, 

24 and Comptroller General of the United States, as re25 quired under subsection (m). The prohibition deVerDate Sep 11 2014 23:43 Jan 29, 2015 Jkt 049200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S208.IS S208

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1 scribed in this paragraph does not apply to the Of2 fice of National Drug Control Policy. 

3 (i) METRICS FOR SECURING THE BORDER AT PORTS

4 OF ENTRY.— 

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

6 after the date of the enactment of this Act and an7 nually thereafter, the Assistant Commissioner for 

8 the Office of Field Operations in U.S. Customs and 

9 Border Protection shall develop metrics, informed by 

10 situational awareness, to measure the effectiveness 

11 of security at ports of entry, which shall include, at 

12 a minimum, the following: 

13 (A) An inadmissible border crossing rate 

14 which measures the number of known inadmis15 sible border crossers who are denied entry, ex16 cluding those border crossers who voluntarily 

17 withdraw their applications for admission, di18 vided by the total estimated number of inadmis19 sible border crossers who attempt entry. 

20 (B) An illicit drugs seizure rate which 

21 measures the amount and type of illicit drugs 

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

23 Customs and Border Protection in any fiscal 

24 year compared to an average of the amount and 

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


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1 Border Protection for the immediately pre2 ceding five fiscal years. 

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

5 States Southern Command, a cocaine seizure 

6 effectiveness rate measured as a percentage 

7 that results from dividing the amount of co8 caine seized by the Office of Field Operations 

9 of U.S. Customs and Border Protection by the 

10 total documented cocaine flow rate at ports of 

11 entry along the southern land border. 

12 (D) Estimates, using alternative meth13 odologies, including survey data and random14 ized secondary screening data, of total at15 tempted inadmissible border crossers, the rate 

16 of apprehension of attempted inadmissible bor17 der crossers, and the inflow into the United 

18 States of inadmissible border crossers who 

19 evade apprehension. 

20 (E) The number of infractions related to 

21 personnel and cargo committed by major viola22 tors who are apprehended by the Office of Field 

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1 ber of such infractions committed by major vio2 lators who are not apprehended. 

3 (F) A measurement of how border security 

4 operations affect crossing times. 

5 (2) METRICS CONSULTATION.—In developing 

6 the metrics required under paragraph (1), the As7 sistant Commissioner for the Office of Field Oper8 ations shall consult with staff members of the Office 

9 of Policy at the Department of Homeland Security 

10 and staff members of the Office of the Chief Finan11 cial Officer of the Department of Homeland Secu12 rity. Such staff members may not be political ap13 pointees. 

14 (3) METRICS NOT REVIEWABLE.—The metrics 

15 required under paragraph (1) may not be reviewed 

16 or otherwise amended by the President, any staff 

17 employed by the Executive Office of the President, 

18 the Secretary of Homeland Security, the Deputy 

19 Secretary of Homeland Security, the Commissioner 

20 of U.S. Customs and Border Protection, or the Dep21 uty Commissioner of U.S. Customs and Border Pro22 tection before the submission of such metrics to the 

23 appropriate congressional committees, the BSVC, 

24 and the Comptroller General of the United States, 

25 as required under subsection (m). The prohibition 


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1 described in this paragraph does not apply to the 

2 Office of National Drug Control Policy. 

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

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

6 after the date of the enactment of this Act and an7 nually thereafter, the Commandant of the United 

8 States Coast Guard and the Assistant Commissioner 

9 for the Office of Air and Marine for U.S. Customs 

10 and Border Protection shall jointly implement 

11 metrics, informed by situational awareness, to meas12 ure the effectiveness of security in the maritime en13 vironment, which shall include, at a minimum, the 

14 following: 

15 (A) An estimate of the total number of un16 documented migrants the Department of Home17 land Security’s maritime security components 

18 fail to interdict. 

19 (B) An undocumented migrant interdiction 

20 rate which measures the flow of undocumented 

21 migrants interdicted against the total estimated 

22 number of undocumented migrants the Depart23 ment of Homeland Security’s maritime security 

24 components fail to interdict. 


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1 (C) An illicit drugs removal rate which 

2 measures the amount and type of illicit drugs 

3 removed by the Department of Homeland Secu4 rity’s maritime security components inside a 

5 transit zone in any fiscal year compared to an 

6 average of the amount and type of illicit drugs 

7 removed by the Department of Homeland Secu8 rity’s maritime security components inside a 

9 transit zone for the immediately preceding five 

10 fiscal years. 

11 (D) An illicit drugs removal rate which 

12 measures the amount and type of illicit drugs 

13 removed by the Department of Homeland Secu14 rity’s maritime security components outside a 

15 transit zone in any fiscal year compared to an 

16 average of the amount and type of illicit drugs 

17 removed by the Department of Homeland Secu18 rity’s maritime security components outside a 

19 transit zone for the immediately preceding five 

20 fiscal years. 

21 (E) A cocaine removal effectiveness rate 

22 inside a transit zone. 

23 (F) A cocaine removal effectiveness rate 

24 outside a transit zone. 


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1 (G) A response rate which measures the 

2 ability of the maritime security components of 

3 the Department of Homeland Security to re4 spond to and resolve known maritime threats, 

5 both inside and outside a transit zone, by plac6 ing assets on-scene, compared to the total num7 ber of events with respect to which the Depart8 ment has known threat information. 

9 (2) METRICS CONSULTATION.—In developing 

10 the metrics required under paragraph (1), the Com11 mandant of the Coast Guard and the Assistant 

12 Commissioner for Air and Marine shall consult with 

13 staff members of the Office of Policy at the Depart14 ment of Homeland Security and staff members of 

15 the Office of the Chief Financial Officer of the De16 partment of Homeland Security. Such staff members 

17 may not be political appointees. 

18 (3) METRICS NOT REVIEWABLE.—The metrics 

19 required under paragraph (1) may not be reviewed 

20 or otherwise amended by the President, any staff 

21 employed by the Executive Office of the President, 

22 the Secretary of Homeland Security, the Deputy 

23 Secretary of Homeland Security, the Commissioner 

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1 tection before the submission of such metrics to the 

2 appropriate congressional committees, the BSVC, 

3 and the Comptroller General of the United States, 

4 as required under subsection (m). The prohibition 

5 described in this paragraph does not apply to the 

6 Office of National Drug Control Policy. 

7 (k) AIR AND MARINE SECURITY METRICS IN THE

8 LAND DOMAIN.— 

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

10 after the date of the enactment of this Act and an11 nually thereafter, the Assistant Commissioner for 

12 the Office of Air and Marine for U.S. Customs and 

13 Border Protection shall implement metrics, informed 

14 by situational awareness, to measure the effective15 ness of security in the aviation environment, which 

16 shall include, at a minimum, the following: 

17 (A) A requirement effectiveness rate which 

18 measures U.S. Customs and Border Protec19 tion’s Office of Air and Marine flight hours re20 quirements against the number of flight hours 

21 actually flown by such Office. 

22 (B) A funded flight hours effectiveness 

23 rate which measures the number of funded 

24 flight hours appropriated to U.S. Customs and 

25 Border Protection’s Office of Air and Marine 


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1 against the number of actual flight hours flown 

2 by such Office. 

3 (C) A readiness rate which measures the 

4 number of aviation missions flown by U.S. Cus5 toms and Border Protection’s Office of Air and 

6 Marine against the number of aviation missions 

7 cancelled by such Office due to weather, main8 tenance, operations, or other causes. 

9 (D) The number of subjects detected by 

10 U.S. Customs and Border Protection’s Office of 

11 Air and Marine through the use of unmanned 

12 aerial systems. 

13 (E) The number of apprehensions assisted 

14 by U.S. Customs and Border Protection’s Of15 fice of Air and Marine through the use of un16 manned aerial systems. 

17 (F) The number and quantity of illicit 

18 drug seizures assisted by U.S. Customs and 

19 Border Protection’s Office of Air and Marine 

20 through the use of unmanned aerial systems. 

21 (2) METRICS CONSULTATION.—In developing 

22 the metrics required under paragraph (1), the As23 sistant Commissioner for Air and Marine shall con24 sult with staff members of the Office of Policy at the 

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1 bers of the Office of the Chief Financial Officer of 

2 the Department of Homeland Security. Such staff 

3 members may not be political appointees. 

4 (3) METRICS NOT REVIEWABLE.—The metrics 

5 required under paragraph (1) may not be reviewed 

6 or otherwise amended by the President, any staff 

7 employed by the Executive Office of the President, 

8 the Secretary of Homeland Security, the Deputy 

9 Secretary of Homeland Security, the Commissioner 

10 of U.S. Customs and Border Protection, or the Dep11 uty Commissioner of U.S. Customs and Border Pro12 tection before the submission to the appropriate con13 gressional committees, the BSVC, and the Comp14 troller General of the United States, as required 

15 under subsection (m). The prohibition described in 

16 this paragraph does not apply to the Office of Na17 tional Drug Control Policy. 

18 (l) PENALTIES FOR FAILURE TO SUBMIT

19 METRICS.— 

20 (1) IN GENERAL.—If any of the officials re21 ferred to in subsection (h), (i), (j), or (k) fail to 

22 meet any of the deadlines required under any of 

23 such subsections, no political appointee of the De24 partment of Homeland Security may perform any 


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1 function described in paragraph (2) until all such of2 ficials have meet all of such deadlines. 

3 (2) FUNCTIONS DESCRIBED.—The functions de4 scribed in this paragraph are the following: 

5 (A) Travel using Government aircraft. 

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

7 (C) Receipt of bonus pay, excluding over8 time pay. 

9 (D) Receipt of any salary increase. 

10 (m) EVALUATION BY THE GOVERNMENT ACCOUNT11 ABILITY OFFICE.— 

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

13 subsections (h), (i), (j), and (k) shall be made avail14 able to the appropriate congressional committees, 

15 the BSVC, and the Comptroller General of the 

16 United States, together with the data and method17 ology used to develop such metrics. 

18 (2) REPORT.—Not later than 270 days after re19 ceiving the data and methodology referred to in 

20 paragraph (1), the Comptroller General of the 

21 United States shall submit to the appropriate con22 gressional committees and the BSVC a report on the 

23 suitability and statistical validity of such data and 

24 methodology, and shall make recommendations to 

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1 able metrics that may be used to measure the effec2 tiveness of border security. Such report shall inform 

3 the BSVC in reviewing the notifications required 

4 under subsection (n)(2). 

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

7 (1) SECRETARY OF HOMELAND SECURITY NOTI8 FICATIONS.— 

9 (A) TWO YEARS.—If the Secretary of 

10 Homeland Security determines that situational 

11 awareness and operational control of high traf12 fic areas have been achieved by the date that is 

13 not later than two years after the date of the 

14 enactment of this Act, the Secretary shall, 

15 under penalty of perjury, submit to the appro16 priate congressional committees and the BSVC 

17 a notification that so 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 

22 that is not later than five years after the date 

23 of the enactment of this Act, the Secretary 

24 shall, under penalty of perjury, submit to the 


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1 appropriate congressional committees and the 

2 BSVC a notification 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 main9 tained, the Secretary shall submit to the appro10 priate congressional committees and the BSVC 

11 a notification that so attests. 

12 (2) BSVC CERTIFICATION.— 

13 (A) OPERATIONAL CONTROL REVIEWS.— 

14 The BSVC shall review the notifications of the 

15 Secretary of Homeland Security under subpara16 graphs (A), (B), and (C) of paragraph (1) to 

17 assess 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 

25 annually thereafter until the termination of the 


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1 BSVC under section 4(q), the BSVC shall re2 view such metrics to assess the statistical valid3 ity and methodology of the data used to imple4 ment such metrics. 

5 (C) REPORTS.— 

6 (i) OPERATIONAL CONTROL.—Not 

7 later than 120 days after conducting a re8 view described in subparagraph (A), the 

9 BSVC shall submit to the appropriate con10 gressional committees a report on the re11 sults of each such review and a certifi12 cation of the accuracy of the notification 

13 reviewed, in accordance with subparagraph 

14 (D). 

15 (ii) OPERATIONAL CONTROL NOT

16 ACHIEVED.—If the BSVC determines that 

17 any notification required under subpara18 graph (A), (B), or (C) of paragraph (1) is 

19 not accurate, the BSVC shall include in 

20 the report under clause (i) an explanation 

21 of why situational awareness, operational 

22 control, or both, as the case may be, was 

23 not achieved. Such explanation shall in24 clude, at a minimum— 

25 (I) impediments incurred; 


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1 (II) potential remedies; and 

2 (III) recommendations to achieve 

3 situational awareness, operational 

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

5 (iii) METRICS.—Not later than 120 

6 days after conducting a review described in 

7 subparagraph (B), the BSVC shall submit 

8 to the appropriate congressional commit9 tees a report on the results of each such 

10 review and a determination of the accuracy 

11 of the metrics implemented under sub12 sections (h), (i), (j), and (k). 

13 (D) OPERATIONAL CONTROL CERTIFI14 CATION.— 

15 (i) IN GENERAL.—For purposes of 

16 subparagraph (C)(i), the BSVC shall cer17 tify the accuracy of a notification of the 

18 Secretary if four members of the BSVC 

19 vote that such certification is accurate. 

20 (ii) PUBLIC VOTING.—A vote referred 

21 to under clause (i) shall be conducted in 

22 public. 

23 (iii) CONSULTATION.—Before con24 ducting a vote referred to in clause (i), the 

25 BSVC shall consult with the governors of 


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1 each southern border State, representatives 

2 of the National Border Patrol Council, and 

3 relevant State and local government agen4 cies that have jurisdiction on the southern 

5 border. 

6 (E) METRICS DETERMINATION.—For pur7 poses of subparagraph (C)(iii), the BSVC shall 

8 concur in the accuracy of the metrics required 

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

10 members of the BSVC vote that such certifi11 cation is accurate. 

12 (o) FAILURE TO ACHIEVE OPERATIONAL CON13 TROL.— 

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 

20 to 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 

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1 spective 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 func8 tions described in this subparagraph are each of 

9 the 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 

16 Secretary of Homeland Security may waive the trav17 el prohibition in paragraph (1)(B)(i) if the Secretary 

18 determines and notifies the appropriate congres19 sional 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 bor24 der of the United States. 


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1 (3) FURTHER ACTION REQUIRED.—If the Sec2 retary of Homeland Security determines that situa3 tion 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 

9 and operational control of high traffic areas or fails 

10 to achieve operational control along the southern 

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 situ15 ational awareness, operational control, or both, as 

16 the case may be, that adopts the recommendations 

17 of the BSVC referred to in subsection 

18 (n)(2)(C)(ii)(III). 

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

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

21 Secretary of Homeland Security shall submit to the appro22 priate congressional committees a report that includes 

23 each of the following: 

24 (1) A resource allocation model for current and 

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1 mal staffing levels at all land, air, and sea ports of 

2 entry, and an explanation of U.S. Customs and Bor3 der Protection methodology for aligning staffing lev4 els and workload to threats and vulnerabilities and 

5 their effects on cross border trade and passenger 

6 travel across all mission areas. 

7 (2) Detailed information on the level of man8 power available at all land, air, and sea ports of 

9 entry and between ports of entry, including the num10 ber of canine and agricultural specialists assigned to 

11 each such port of entry. 

12 (3) Detailed information describing the dif13 ference between the staffing the model suggests and 

14 the actual staffing at each port of entry and between 

15 the ports of entry. 

16 (4) Monthly per passenger wait times, including 

17 data on per passenger processing wait times at all 

18 land, air, and sea ports of entry. 

19 (5) A description of the infrastructure, security 

20 resources, and other measures that are necessary to 

21 achieve substantial reductions in the average wait 

22 times of vehicles at land border ports of entry. 


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1 SEC. 4. ESTABLISHMENT OF BORDER SECURITY 

2 VERIFICATION COMMISSION. 

3 (a) IN GENERAL.—There is established a Border Se4 curity Verification Commission (in this Act referred to as 

5 the ‘‘BSVC’’). 

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

7 of the notifications regarding situational awareness and 

8 operational control required from the Secretary pursuant 

9 to section 3(n). 

10 (c) COMPOSITION.—The BSVC shall be composed 

11 of— 

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

13 Department of Homeland Security laboratory net14 work with prior expertise in border security, ap15 pointed by the President, in coordination with the 

16 Speaker and minority leader of the House of Rep17 resentatives and the majority and minority leaders 

18 of the Senate; 

19 (2) the head of a border security university20 based center within the Department of Homeland 

21 Security Centers of Excellence network, appointed 

22 by the President, in coordination with the Speaker 

23 and minority leader of the House of Representatives 

24 and the majority and minority leaders of the Senate; 

25 and 


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1 (3) three individuals, appointed by the Presi2 dent, based on the recommendations of the special 

3 congressional commission on border security estab4 lished pursuant to subsection (d). 

5 (d) SPECIAL CONGRESSIONAL COMMISSION ON BOR6 DER SECURITY.— 

7 (1) ESTABLISHMENT.—There is established a 

8 special congressional commission on border security 

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

10 The commission shall determine the criteria for 

11 making recommendations for the individuals to be 

12 appointed by the President under subsection (c)(3), 

13 and shall recommend not more than five individuals 

14 for such appointments. The commission shall consist 

15 of— 

16 (A) the Speaker and minority leader of the 

17 House of Representatives; 

18 (B) the majority and minority leaders of 

19 the Senate; 

20 (C) the chairman and ranking member of 

21 the Committee on Homeland Security of the 

22 House of Representatives; and 

23 (D) the chairman and ranking member of 

24 the Committee on Homeland Security and Gov25 ernmental Affairs of the Senate. 


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1 (2) VOTING PROCEDURES.— 

2 (A) IN GENERAL.—The commission may 

3 make a recommendation to the President con4 cerning an individual referred to in subsection 

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

6 by a majority vote of the full membership of the 

7 commission. 

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

9 of the commission during its consideration of 

10 whether or not to recommend an individual to 

11 the President under paragraph (1), the Speaker 

12 of the House of Representatives shall cast the 

13 deciding vote. 

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

15 subsection (c)(3) shall have a minimum of five years pro16 fessional experience in law enforcement and border secu17 rity. 

18 (f) CHAIR.—The BSVC shall be chaired by the indi19 vidual referred to in subsection (c)(1). 

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

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

22 enactment of this Act. 

23 (h) PROHIBITION ON COMPENSATION.—Members of 

24 the BSVC may not receive pay, allowances, or benefits 


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1 from the Federal Government by reason of their service 

2 on the BSVC. 

3 (i) PROHIBITION ON CERTAIN MEMBERSHIP.—Mem4 bers of the BSVC may not be current Federal employees 

5 or current Members of Congress. 

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

7 of the BSVC shall receive an appropriate security clear8 ance, as determined by the BSVC in consultation with the 

9 Secretary of Homeland Security, that is commensurate 

10 with the sensitivity of the classified information to which 

11 such member or employee will be given access by reason 

12 of membership in or employment by the BSVC. 

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

14 of the chairperson. The BSVC shall meet and begin oper15 ations not later than 180 days after the date of the enact16 ment of this Act. 

17 (l) PUBLIC HEARINGS.— 

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

19 fewer than two public hearings each calendar year. 

20 (2) WITNESS TESTIMONY.—In holding the 

21 hearings required under paragraph (1), the BSVC 

22 shall request the public testimony of Federal, State, 

23 and local officials, and any private citizen or organi24 zation the BSVC determines is relevant to carrying 

25 out its mission. 


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1 (m) QUORUM.—Four members of the BSVC shall 

2 constitute a quorum to conduct business, but the BSVC 

3 may establish a lesser quorum for conducting hearings 

4 scheduled by the BSVC. 

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

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

7 rules are not inconsistent with this Act. 

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

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

10 manner as the original appointment. 

11 (p) PERSONNEL MATTERS.— 

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

13 BSVC shall be allowed travel expenses, including per 

14 diem in lieu of subsistence, at rates authorized for 

15 employees of agencies under subchapter I of chapter 

16 57 of title 5, United States Code, while away from 

17 their homes or regular places of business in the per18 formance of service for the BSVC. 

19 (2) DETAIL OF FEDERAL EMPLOYEES.—With 

20 the affirmative vote of four of the members of the 

21 BSVC, any Federal Government employee, with the 

22 approval of the head of the appropriate Federal 

23 agency or congressional office, may be detailed to 

24 the BSVC without reimbursement, and such detail 


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1 shall be without interruption or loss of civil service 

2 status, salary, benefits, or privileges. 

3 (3) OFFICE SPACE AND ASSISTANCE.—Upon 

4 the request of the BSVC, the Secretary of Homeland 

5 Security shall provide reasonable and appropriate of6 fice space, supplies, and administrative assistance. 

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

8 determining the accuracy of the tenth annual metrics sub9 mission required under subsection (n)(2) of section 3. 

10 SEC. 5. REQUIRED CONSEQUENCE. 

11 The Chief of the Border Patrol shall impose a con12 sequence for each alien apprehended pursuant to the Bor13 der Patrol’s Consequence Delivery System. 

14 SEC. 6. TACTICAL FLEXIBILITY. 

15 The Chief of the Border Patrol may alter the capa16 bility deployment referred to in subsection (b) of section 

17 3 if the Chief determines, after consultation with the ap18 propriate congressional committees, that the principal bor19 der security threats referred to in subsection (f)(2)(A) of 

20 such section require such alteration. 

21 SEC. 7. DEPLOYMENT OF CERTAIN AVIATION ASSETS TO 

22 THE SOUTHERN LAND BORDER. 

23 (a) IN GENERAL.—The Secretary of Defense, in col24 laboration with the Secretary of Homeland Security, may 

25 allocate additional aviation assets of the Department of 


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1 Defense to the southern land border of the United States 

2 to assist the Secretary of Homeland Security in achieving 

3 situational awareness and operational control in accord4 ance with section 3(a). 

5 (b) ADDITIONAL REQUIREMENTS.— 

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

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

8 Homeland Security shall submit to the appropriate 

9 congressional committees and the BSVC a plan for 

10 the Department of Homeland Security to acquire 

11 and deploy aviation capabilities of the Department 

12 along the southern land border of the United States. 

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

14 days after the submission of the plan under para15 graph (1), the Secretary of Homeland Security shall 

16 begin acquiring and deploying to the southern land 

17 border of the United States aviation capabilities of 

18 the Department of Homeland Security acquired in 

19 accordance with such plan. 

20 SEC. 8. U.S. CUSTOMS AND BORDER PROTECTION OFFICER 

21 AND AGENT AUTHORIZATION. 

22 (a) BORDER PATROL.—The Border Patrol shall 

23 maintain an active duty presence of not fewer than 21,370 

24 full time equivalent agents. 


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

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

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

4 officers. 

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

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

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

8 SEC. 9. OFFICE OF AIR AND MARINE FLIGHT HOURS. 

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

10 Homeland Security shall ensure a minimum of not fewer 

11 than 130,000 annual flight hours of the Office of Air and 

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

13 (b) UNMANNED AERIAL SYSTEMS.—The Office of 

14 Air and Marine of U.S. Customs and Border Protection 

15 shall operate unmanned aerial systems not less than 16 

16 hours per day, seven days per week. 

17 SEC. 10. AIR AND MARINE PRIORITIZATION. 

18 The Assistant Commissioner for the Office of Air and 

19 Marine of U.S. Customs and Border Protection shall as20 sign the greatest prioritization to support requests from 

21 the Chief of the Border Patrol to carry out the require22 ments of section 3(a). 


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1 SEC. 11. BORDER PATROL FLEXIBILITY. 

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

3 transfer Border Patrol agents, on a voluntary basis, to 

4 high traffic areas, as determined by the Chief. 

5 (b) INCENTIVE BONUS.—At the discretion of the 

6 Chief of the Border Patrol, a Border Patrol agent may 

7 be eligible for an incentive bonus for any transfer carried 

8 out pursuant to subsection (a) if the Chief determines that 

9 such transfer is critical to the risk-based approach of the 

10 Border Patrol to patrolling the international borders of 

11 the United States. 

12 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated to carry out this section 

14 $30,000,000 for each fiscal year. 

15 SEC. 12. PROHIBITION ON ACTIONS THAT IMPEDE BORDER 

16 SECURITY ON CERTAIN FEDERAL LAND. 

17 (a) PROHIBITION ON SECRETARIES OF THE INTE18 RIOR AND AGRICULTURE.—The Secretary of the Interior 

19 or the Secretary of Agriculture shall not impede, prohibit, 

20 or restrict activities of U.S. Customs and Border Protec21 tion on Federal land located within 100 miles of the 

22 United States border with Mexico that is under the juris23 diction of the Secretary of the Interior or the Secretary 

24 of Agriculture, to execute search and rescue operations, 

25 and to prevent all unlawful entries into the United States, 

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1 struments of terrorism, narcotics, and other contraband 

2 through such international border. These authorities of 

3 U.S. Customs and Border Protection on such Federal land 

4 apply whether or not a state of emergency exists. 

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

6 BORDER PROTECTION.—U.S. Customs and Border Pro7 tection shall have immediate access to Federal land within 

8 100 miles of the United States border with Mexico or the 

9 United States border with Canada that are under the ju10 risdiction of the Secretary of the Interior or the Secretary 

11 of Agriculture for purposes of conducting the following ac12 tivities on such land to prevent all unlawful entries into 

13 the United States, including entries by terrorists, other 

14 unlawful aliens, instruments of terrorism, narcotics, and 

15 other contraband through either such international border: 

16 (1) Construction and maintenance of roads. 

17 (2) Construction and maintenance of barriers. 

18 (3) Use of vehicles to patrol, apprehend, or res19 cue. 

20 (4) Installation, maintenance, and operation of 

21 communications and surveillance equipment and sen22 sors. 

23 (5) Deployment of temporary tactical infra24 structure. 


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1 (c) CLARIFICATION RELATING TO WAIVER AUTHOR2 ITY.— 

3 (1) IN GENERAL.—Notwithstanding any other 

4 provision of law (including any termination date re5 lating to the waiver referred to in this subsection), 

6 the waiver by the Secretary of Homeland Security 

7 on April 1, 2008, under section 102(c)(1) of the Ille8 gal Immigration Reform and Immigrant Responsi9 bility Act of 1996 (8 U.S.C. 1103 note; Public Law 

10 104–208) of the laws described in paragraph (2) 

11 with respect to certain sections of the international 

12 borders between the United States and Mexico and 

13 the United States and Canada shall be considered to 

14 apply to all Federal land under the jurisdiction of 

15 the Secretary of the Interior or the Secretary of Ag16 riculture within 100 miles of either such inter17 national border for the activities of U.S. Customs 

18 and Border Protection described in subsection (b). 

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

20 referred to in paragraph (1) are limited to the Wil21 derness Act (16 U.S.C. 1131 et seq.), the National 

22 Environmental Policy Act of 1969 (42 U.S.C. 4321 

23 et seq.), the Endangered Species Act of 1973 (16 

24 U.S.C. 1531 et seq.), the National Historic Preser25 vation Act (16 U.S.C. 470 et seq.), Public Law 86– 


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1 523 (16 U.S.C. 469 et seq.), the Act of June 8, 

2 1906 (commonly known as the ‘‘Antiquities Act of 

3 1906’’; 16 U.S.C. 431 et seq.), the Wild and Scenic 

4 Rivers Act (16 U.S.C. 1271 et seq.), the Federal 

5 Land Policy and Management Act of 1976 (43 

6 U.S.C. 1701 et seq.), the National Wildlife Refuge 

7 System Administration Act of 1966 (16 U.S.C. 

8 668dd et seq.), the Fish and Wildlife Act of 1956 

9 (16 U.S.C. 742a et seq.), the Fish and Wildlife Co10 ordination Act (16 U.S.C. 661 et seq.), subchapter 

11 II of chapter 5, and chapter 7, of title 5, United 

12 States Code (commonly known as the ‘‘Administra13 tive Procedure Act’’), the National Park Service Or14 ganic Act (16 U.S.C. 1 et seq.), the General Au15 thorities Act of 1970 (Public Law 91–383) (16 

16 U.S.C. 1a–1 et seq.), sections 401(7), 403, and 404 

17 of the National Parks and Recreation Act of 1978 

18 (Public Law 95–625, 92 Stat. 3467), and the Ari19 zona Desert Wilderness Act of 1990 (16 U.S.C. 

20 1132 note; Public Law 101–628). 

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

22 not be construed to provide— 

23 (1) authority to restrict legal uses, such as 

24 grazing, hunting, mining, or public-use recreational 

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1 tion of the Secretary of the Interior or the Secretary 

2 of Agriculture; or 

3 (2) any additional authority to restrict legal ac4 cess to such land. 

5 (e) EFFECT ON STATE AND PRIVATE LAND.—This 

6 section shall— 

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

8 lands; and 

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

10 or private lands. 

11 (f) TRIBAL SOVEREIGNTY.—Nothing in this section 

12 supersedes, replaces, negates, or diminishes treaties or 

13 other agreements between the United States and Indian 

14 tribes. 

15 SEC. 13. BIOMETRIC EXIT DATA SYSTEM. 

16 (a) ESTABLISHMENT.—The Secretary of Homeland 

17 Security shall— 

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

19 the enactment of this Act, submit to the appropriate 

20 congressional committees, the Committee on the Ju21 diciary of the Senate, and the Committee on the Ju22 diciary of the House of Representatives an imple23 mentation plan to establish a biometric exit data 

24 system to complete the integrated biometric entry 

25 and exit data system required under section 7208 of 


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1 the Intelligence Reform and Terrorism Prevention 

2 Act of 2004 (8 U.S.C. 1365b) that is informed by 

3 prior reports on such system prepared by the Sec4 retary or the Comptroller General, including— 

5 (A) an integrated master schedule and cost 

6 estimate, including requirements and design, 

7 development, operational, and maintenance 

8 costs, of such a system; 

9 (B) cost-effective staffing and personnel 

10 requirements of such a system that leverages 

11 existing resources of the Department of Home12 land Security; 

13 (C) a consideration of training programs 

14 necessary to establish such a system; 

15 (D) a consideration of how such a system 

16 will affect wait times; 

17 (E) information received after consultation 

18 with private sector stakeholders, including— 

19 (i) the trucking industry; 

20 (ii) the airport industry; 

21 (iii) the airline industry; 

22 (iv) the seaport industry; 

23 (v) the travel industry; and 

24 (vi) the biometric technology industry; 


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1 (F) a consideration of how trusted traveler 

2 programs in existence as of the date of the en3 actment of this Act may be impacted by, or in4 corporated into, such a system; 

5 (G) defined metrics of success and mile6 stones; 

7 (H) identified risks and mitigation strate8 gies to address such risks; and 

9 (I) a consideration of how other countries 

10 have implemented a biometric exit data system; 

11 and 

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

13 the enactment of this Act, establish a biometric exit 

14 data system at— 

15 (A) the 15 United States airports that 

16 support the highest volume of international air 

17 travel, as determined by available Federal flight 

18 data; 

19 (B) the 15 United States seaports that 

20 support the highest volume of international sea 

21 travel, as determined by available Federal travel 

22 data; and 

23 (C) the 15 United States land ports of 

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1 trian crossings, as determined by available Fed2 eral border crossing data. 

3 (b) IMPLEMENTATION.— 

4 (1) PILOT PROGRAM AT LAND PORTS OF ENTRY

5 FOR NON-PEDESTRIAN OUTBOUND TRAFFIC.— 

6 (A) IN GENERAL.—Not later than one year 

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

8 Secretary of Homeland Security, in collabora9 tion with industry stakeholders, shall establish 

10 a six-month pilot program to test the biometric 

11 exit data system referred to in subsection (a)(2) 

12 on non-pedestrian outbound traffic at not fewer 

13 than three land ports of entry with significant 

14 cross-border traffic, including at not fewer than 

15 two land ports of entry on the southern border 

16 and at least one land port of entry on the 

17 northern border. Such pilot program may in18 clude a consideration of more than one biomet19 ric mode, and shall be implemented to deter20 mine the following: 

21 (i) How a nationwide implementation 

22 of such biometric exit data system at land 

23 ports of entry shall be carried out. 

24 (ii) The infrastructure required to 

25 carry out clause (i). 


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1 (iii) The effects of such pilot program 

2 on legitimate travel and trade. 

3 (iv) The effects of such pilot program 

4 on wait times, including processing times, 

5 for such non-pedestrian traffic. 

6 (v) Its effectiveness in combating ter7 rorism. 

8 (vi) Its effectiveness in identifying 

9 visa holders who violate the terms of their 

10 visas. 

11 (B) GAO REVIEW.—Not later than 30 

12 days after the conclusion of the pilot program 

13 under subparagraph (A), the Secretary of 

14 Homeland Security, acting through the Com15 missioner of U.S. Customs and Border Protec16 tion, shall submit the results of the determina17 tions made pursuant to such subparagraph to 

18 the Comptroller General of the United States 

19 for review. Not later than 90 days after the 

20 Comptroller General receives such results, the 

21 Comptroller General shall submit to the Sec22 retary of Homeland Security and the appro23 priate congressional committees a review of 

24 such results. 


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1 (2) AT LAND PORTS OF ENTRY FOR NON-PE2 DESTRIAN OUTBOUND TRAFFIC.— 

3 (A) IN GENERAL.—Not later than five 

4 years after the date of the enactment of this 

5 Act, the Secretary of Homeland Security shall 

6 expand the biometric exit data system referred 

7 to in subsection (a)(2) to all land ports of 

8 entry, and such system shall apply only in the 

9 case of non-pedestrian outbound traffic. 

10 (B) EXTENSION.—The Secretary of Home11 land Security may extend for a single two-year 

12 period the date specified in subparagraph (A), 

13 if the Secretary certifies to the appropriate con14 gressional committees that the 15 land ports of 

15 entry that support the highest volume of pas16 senger vehicles, as determined by available Fed17 eral data, do not have the physical infrastruc18 ture or characteristics to install the systems 

19 necessary to implement a biometric exit data 

20 system. 

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

22 later than five years after the date of the enactment 

23 of this Act, the Secretary of Homeland Security 

24 shall expand the biometric exit data system referred 


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1 to in subsection (a)(2) to all air and sea ports of 

2 entry. 

3 (4) AT LAND PORTS OF ENTRY FOR PEDES4 TRIANS.—Not later than five years after the date of 

5 the enactment of this Act, the Secretary of Home6 land Security shall expand the biometric exit data 

7 system referred to in subsection (a)(2) to all land 

8 ports of entry, and such system shall apply only in 

9 the case of pedestrians. 

10 (c) EFFECTS ON AIR, SEA, AND LAND TRANSPOR11 TATION.—The Secretary of Homeland Security, in con12 sultation with appropriate private sector stakeholders, 

13 shall ensure that the collection of biometric data under 

14 this section causes the least possible disruption to the 

15 movement of people or cargo in air, sea, or land transpor16 tation, while fulfilling the goals of improving counterter17 rorism efforts and identifying visa holders who violate the 

18 terms of their visas. 

19 (d) TERMINATION OF PROCEEDING.—Notwith20 standing any other provision of law, the Secretary of 

21 Homeland Security shall, on the date of the enactment 

22 of this Act, terminate the proceeding entitled ‘‘Collection 

23 of Alien Biometric Data Upon Exit From the United 

24 States at Air and Sea Ports of Departure’’, issued on 


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1 April 24, 2008 (73 C.F.R. 22065; DHS Docket No. 2008– 

2 0039). 

3 (e) DATA-MATCHING.—The biometric exit data sys4 tem established under this section shall— 

5 (1) require that the biometric data that is ob6 tained for a person upon entry to the United States 

7 is matched against the biometric data of such person 

8 when such person exits the United States; 

9 (2) leverage the infrastructure and databases of 

10 the current entry system established pursuant to 

11 section 7208 of the Intelligence Reform and Ter12 rorism Prevention Act of 2004 (8 U.S.C. 1365b) for 

13 the purpose described in paragraph (1); and 

14 (3) be interoperable with, and allow matching 

15 against, other Federal databases that store bio16 metrics of known or suspected terrorists, and visa 

17 holders who have violated the terms of their visas. 

18 (f) SCOPE.— 

19 (1) IN GENERAL.—The biometric exit data sys20 tem established under this section shall include a re21 quirement for the collection of biometric exit data 

22 for all categories of individuals who are required to 

23 provide biometric entry data. 

24 (2) EXCEPTION.—This section shall not apply 

25 in the case of a citizen of the United States. 


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1 (g) COLLECTION OF DATA.—The Secretary of Home2 land Security may not require any non-Federal person to 

3 collect biometric data pursuant to the biometric exit data 

4 system established under this section, except through a 

5 contractual agreement. 

6 (h) MULTI-MODAL COLLECTION.—In carrying out 

7 subsections (a)(1) and (b), the Secretary of Homeland Se8 curity shall make every effort to collect biometric data 

9 using additional modes of biometric technology. 

10 (i) PENALTIES FOR FAILURE TO MEET DEAD11 LINES.— 

12 (1) BIOMETRIC EXIT DATA SYSTEM.—If the 

13 Secretary fails to meet any of the following require14 ments by the applicable deadline, no political ap15 pointee of the Department of Homeland Security 

16 may perform any function described in paragraph 

17 (2) until the Secretary has complied with the re18 quirement: 

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, excluding over12 time pay. 

13 (D) Receipt of any salary increase. 

14 SEC. 14. NORTHERN BORDER THREAT ANALYSIS. 

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

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

17 Homeland Security shall submit to the appropriate con18 gressional committees a northern border threat analysis. 

19 Such analysis, at a minimum, shall include the following: 

20 (1) An analysis of current and potential ter21 rorism threats posed by individuals seeking to enter 

22 the United States through the northern border. 

23 (2) An analysis of improvements needed at 

24 ports of entry along the northern border to prevent 


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1 terrorists and instruments of terror from entering 

2 the United States. 

3 (3) An analysis of gaps in law, policy, inter4 national agreements, or tribal agreements that 

5 hinder the border security and counter-terrorism ef6 forts along the northern border. 

7 (4) An analysis of unlawful cross border activity 

8 between ports of entry, including the maritime bor9 ders of the Great Lakes. 

10 (b) CLASSIFIED THREAT ANALYSIS.—The threat 

11 analysis required under subsection (a) may be submitted 

12 in classified form, if the Secretary of Homeland Security 

13 determines that such is appropriate. 

14 SEC. 15. OPERATION STONEGARDEN PROGRAM. 

15 (a) IN GENERAL.—Title XX of the Homeland Secu16 rity Act of 2002 (6 U.S.C. 601 et seq.) is amended by 

17 adding the following new subtitle: 

18 ‘‘Subtitle C—Other Grant Programs 

19 ‘‘SEC. 2031. OPERATION STONEGARDEN. 

20 ‘‘(a) ESTABLISHMENT.—There is established in the 

21 Department a program to be known as ‘Operation 

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

23 through the Administrator, shall make grants to eligible 

24 law enforcement agencies to enhance border security in ac25 cordance with this section. 


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1 ‘‘(b) ELIGIBLE RECIPIENTS.—To be eligible to re2 ceive 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 fol14 lowing 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 ac19 tivities. 

20 ‘‘(3) Any activity permitted under the Depart21 ment of Homeland Security’s Fiscal Year 2014 

22 Funding 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 

2 is authorized to be appropriated $110,000,000 for each 

3 of fiscal years 2015 through 2019 for grants under this 

4 section. 

5 ‘‘(e) REPORT.—The Administrator shall annually 

6 submit to the Committee on Homeland Security and Gov7 ernmental Affairs of the Senate and the Committee on 

8 Homeland Security of the House of Representatives a re9 port containing information on the expenditure of grants 

10 made under this section by each grant recipient.’’. 

11 (b) CLERICAL AMENDMENT.—The table of contents 

12 in section 1(b) of such Act is amended by inserting after 

13 the items relating to subtitle B of title XX the following 

14 new items: 

‘‘Subtitle C—Other Grant Programs 

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

15 SEC. 16. SALE OR DONATION OF EXCESS PERSONAL PROP16 ERTY FOR BORDER SECURITY ACTIVITIES. 

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

18 amended— 

19 (1) in subsection (a)— 

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

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

22 and inserting ‘‘counterdrug, counterterrorism, 

23 and border security activities’’; and 


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1 (B) in paragraph (2), by striking ‘‘the At2 torney General and the Director of National 

3 Drug Control Policy.’’ and inserting ‘‘the Attor4 ney General, the Director of National Drug 

5 Control Policy, and the Secretary of Homeland 

6 Security, as appropriate.’’; and 

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

8 or counter-terrorism activities’’ and inserting 

9 ‘‘counterdrug, counterterrorism, or border security 

10 activities’’. 

11 SEC. 17. REIMBURSEMENT OF STATES FOR DEPLOYMENT 

12 OF NATIONAL GUARD TO THE SOUTHERN 

13 BORDER. 

14 (a) REIMBURSEMENT AUTHORIZED.—The Secretary 

15 of Defense shall reimburse States for the cost of the de16 ployment of any units or personnel of the National Guard 

17 to perform operations and missions under State Active 

18 Duty status in support of a southern border mission. 

19 (b) LIMITATION.—The total amount of reimburse20 ments under subsection (a) for any fiscal year may not 

21 exceed $35,000,000. 

22 SEC. 18. U.S. CUSTOMS AND BORDER PROTECTION PER23 SONNEL. 

24 (a) STAFF ENHANCEMENTS.— 


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1 (1) AUTHORIZATION.—In addition to positions 

2 authorized before the date of the enactment of this 

3 Act and any existing officer vacancies within U.S. 

4 Customs and Border Protection on such date, the 

5 Secretary, subject to the availability of appropria6 tions for such purpose, shall hire, train, and assign 

7 to duty, by not later than September 30, 2019— 

8 (A) 5,000 full-time U.S. Customs and Bor9 der Protection officers to serve on all inspection 

10 lanes (primary, secondary, incoming, and out11 going) and enforcement teams at United States 

12 land ports of entry on the international border 

13 between the United States and Canada and the 

14 international border between the United States 

15 and Mexico; and 

16 (B) 350 full-time support staff for all 

17 United States ports of entry. 

18 (2) WAIVER OF FTE LIMITATION.—The Sec19 retary may waive any limitation on the number of 

20 full-time equivalent personnel assigned to the De21 partment of Homeland Security in order to carry 

22 out paragraph (1). 

23 (b) REPORTS TO CONGRESS.— 

24 (1) OUTBOUND INSPECTIONS.—Not later than 

25 90 days after the date of the enactment of this Act, 


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1 the Secretary shall submit to the relevant commit2 tees of Congress a report that includes a plan for 

3 ensuring the placement of sufficient U.S. Customs 

4 and Border Protection officers on outbound inspec5 tions, and adequate outbound infrastructure, at all 

6 land ports of entry along the international border 

7 between the United States and Mexico. 

8 (2) SUFFICIENT AGRICULTURAL SPECIALISTS

9 AND PERSONNEL.—Not later than 90 days after the 

10 date of the enactment of this Act, the Secretary, in 

11 consultation with the Secretary of Agriculture and 

12 the Secretary of Health and Human Services, shall 

13 submit to the relevant committees of Congress a re14 port that contains a plan for each of the Depart15 ment of Homeland Security, the Department of Ag16 riculture, and the Department of Health and 

17 Human Services for ensuring the placement of suffi18 cient U.S. Customs and Border Protection agri19 culture specialists, Animal and Plant Health Inspec20 tion Service entomologist identifier specialists, Food 

21 and Drug Administration consumer safety officers, 

22 and other relevant and related personnel at all land 

23 ports of entry along the international border between 

24 the United States and Mexico. 


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1 (3) ANNUAL IMPLEMENTATION REPORT.—Not 

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

3 this Act, and annually thereafter, the Secretary of 

4 Homeland Security shall submit to the relevant 

5 Committees of Congress a report that— 

6 (A) details the implementation plan for the 

7 staff enhancements required under subsection 

8 (a)(1)(A); 

9 (B) includes the number of additional per10 sonnel assigned to duty at land ports of entry, 

11 classified by location; 

12 (C) describes the methodology used to de13 termine the distribution of additional personnel 

14 to address northbound and southbound cross15 border inspections; and 

16 (D) includes— 

17 (i) the most recent strategic plan re18 quired under section 20(a)(1); 

19 (ii) the most recent model required 

20 under section 20(b), including the under21 lying assumptions, factors, and concerns 

22 that guide the decision making and alloca23 tion process; and 


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1 (iii) the most recent outcome-based 

2 performance measures adopted under sec3 tion 20(c)(1). 

4 (c) SECURE COMMUNICATION.—The Secretary shall 

5 ensure that each U.S. Customs and Border Protection of6 ficer is equipped with a secure 2-way communication and 

7 satellite-enabled device, supported by system interoper8 ability, that allows U.S. Customs and Border Protection 

9 officers to communicate— 

10 (1) between ports of entry and inspection sta11 tions; and 

12 (2) with other Federal, State, tribal, and local 

13 law enforcement entities. 

14 (d) BORDER AREA SECURITY INITIATIVE GRANT

15 PROGRAM.—The Secretary shall establish a program for 

16 awarding grants for the purchase of— 

17 (1) identification and detection equipment; and 

18 (2) mobile, hand-held, 2-way communication de19 vices for State and local law enforcement officers 

20 serving on the international border between the 

21 United States and Mexico. 

22 (e) PORT OF ENTRY INFRASTRUCTURE IMPROVE23 MENTS.— 

24 (1) IN GENERAL.—The Commissioner of U.S. 

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1 forcement of Federal customs, immigration, and ag2 riculture laws by— 

3 (A) designing, constructing, and modi4 fying— 

5 (i) United States ports of entry; 

6 (ii) living quarters for officers, agents, 

7 and personnel; 

8 (iii) technology and equipment, includ9 ing technology and equipment deployed in 

10 support of standardized and automated 

11 collection of vehicular travel time; and 

12 (iv) other structures and facilities, in13 cluding those owned by municipalities, 

14 local governments, or private entities lo15 cated at land ports of entry; 

16 (B) acquiring, by purchase, donation, ex17 change, or otherwise, land or any interest in 

18 land determined to be necessary to carry out 

19 the Commissioner’s duties; 

20 (C) implementing a biometric exit data 

21 system; and 

22 (D) constructing additional ports of entry 

23 along the international border between the 

24 United States and Mexico and the international 

25 border between the United States and Canada. 


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1 (2) PRIORITIZATION.—In carrying out this sub2 section, the Commissioner, in coordination with the 

3 Administrator of General Services, shall give priority 

4 consideration to projects that will substantially— 

5 (A) reduce commercial and passenger vehi6 cle and pedestrian crossing wait times at one or 

7 more ports of entry on the same border; 

8 (B) increase trade, travel efficiency, and 

9 the projected total annual volume at one or 

10 more ports of entry on the same border; 

11 (C) enhance safety and security at border 

12 facilities at one or more ports of entry on the 

13 same border; 

14 (D) reduce the flow of cross-border 

15 threats; and 

16 (E) substantially reduce passenger vehicle 

17 and pedestrian crossing wait times by upgrad18 ing or expanding existing ports of entry, rather 

19 than constructing new ports of entry. 

20 (f) CONSULTATION.— 

21 (1) LOCATIONS FOR NEW PORTS OF ENTRY.— 

22 The Secretary of Homeland Security shall consult 

23 with the Secretary of the Interior, the Secretary of 

24 Agriculture, the Secretary of State, the International 

25 Boundary and Water Commission, the International 


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1 Joint Commission, and appropriate representatives 

2 of States, Indian tribes, local governments, and 

3 property owners, as appropriate— 

4 (A) to determine locations for new ports of 

5 entry; and 

6 (B) to minimize adverse impacts from such 

7 ports on the environment, historic and cultural 

8 resources, commerce, and the quality of life of 

9 the communities and residents located near 

10 such ports. 

11 (2) SAVINGS PROVISION.—Nothing in this sub12 section may be construed— 

13 (A) to create any right or liability of the 

14 parties described in paragraph (1); 

15 (B) to affect the legality or validity of any 

16 determination by the Secretary of Homeland 

17 Security under this Act; or 

18 (C) to affect any consultation requirement 

19 under any other law. 

20 (g) AUTHORITY TO ACQUIRE LEASEHOLDS.—Not21 withstanding any other provision of law, if the Secretary 

22 of Homeland Security determines that the acquisition of 

23 a leasehold interest in real property and the construction 

24 or modification of any facility on the leased property is 


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1 necessary to facilitate the implementation of this Act, the 

2 Secretary may— 

3 (1) acquire such leasehold interest; and 

4 (2) construct or modify such facility. 

5 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

6 authorized to be appropriated to carry out this section, 

7 for each of the fiscal years 2015 through 2020, 

8 $1,000,000,000, of which $5,000,000 shall be used for 

9 grants authorized under subsection (d). 

10 (i) OFFSET, RESCISSION OF UNOBLIGATED FED11 ERAL FUNDS.— 

12 (1) IN GENERAL.—There is hereby rescinded, 

13 from appropriated discretionary funds that remain 

14 available for obligation on the date of the enactment 

15 of this Act (other than the unobligated funds re16 ferred to in paragraph (4)), amounts determined by 

17 the Director of the Office of Management and Budg18 et that are equal, in the aggregate, to the amount 

19 authorized to be appropriated under subsection (h). 

20 (2) IMPLEMENTATION.—The Director of the 

21 Office of Management and Budget shall determine 

22 and identify— 

23 (A) the appropriation accounts from which 

24 the rescission under paragraph (1) shall apply; 

25 and 


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1 (B) the amount of the rescission that shall 

2 be applied to each such account. 

3 (3) REPORT.—Not later than 60 days after the 

4 date of the enactment of this Act, the Director of 

5 the Office of Management and Budget shall submit 

6 to Congress and to the Secretary of the Treasury a 

7 report that describes the accounts and amounts de8 termined and identified under paragraph (2) for re9 scission under paragraph (1). 

10 (4) EXCEPTIONS.—This subsection shall not 

11 apply to unobligated funds of— 

12 (A) the Department of Defense; 

13 (B) the Department of Veterans Affairs; or 

14 (C) the Department of Homeland Security. 

15 SEC. 19. CROSS-BORDER TRADE ENHANCEMENT. 

16 (a) AGREEMENTS AUTHORIZED.—Consistent with 

17 section 559 of the Department of Homeland Security Ap18 propriations Act, 2014 (division F of Public Law 113– 

19 76; 6 U.S.C. 211 note), during the 10-year period begin20 ning on the date of the enactment of this Act, the Commis21 sioner of U.S. Customs and Border Protection and the Ad22 ministrator of General Services, for purposes of facili23 tating the construction, alteration, operation, or mainte24 nance of a new or existing facility or other infrastructure 


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1 at a port of entry under the jurisdiction, custody, and con2 trol of the Commissioner or the Administrator, may— 

3 (1) enter into cost-sharing or reimbursement 

4 agreements; or 

5 (2) accept donations of— 

6 (A) real or personal property, including 

7 monetary donations; or 

8 (B) nonpersonal services. 

9 (b) ALLOWABLE USES OF AGREEMENTS.—The Com10 missioner of U.S. Customs and Border Protection and the 

11 Administrator of General Services, with respect to any 

12 agreement authorized under subsection (a), may— 

13 (1) use such agreement for activities related to 

14 an existing or new port of entry, including expenses 

15 related to— 

16 (A) land acquisition, design, construction, 

17 repair, or alteration; 

18 (B) furniture, fixtures, or equipment; 

19 (C) the deployment of technology or equip20 ment; or 

21 (D) operations and maintenance; or 

22 (2) transfer such property or services between 

23 the Commissioner and the Administrator for activi24 ties described in paragraph (1) related to a new or 

25 existing port of entry under the jurisdiction, custody, 


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1 and control of the relevant agency, subject to chap2 ter 33 of title 40, United States Code. 

3 (c) EVALUATION PROCEDURES.— 

4 (1) IN GENERAL.— 

5 (A) REQUIREMENT FOR PROCEDURES.— 

6 The Commissioner of U.S. Customs and Border 

7 Protection, in consultation with the Adminis8 trator of General Services and consistent with 

9 section 559 of the Department of Homeland Se10 curity Appropriations Act, 2014 (division F of 

11 Public Law 113–76; 6 U.S.C. 211 note), shall 

12 issue procedures for evaluating a proposal sub13 mitted by a person for an agreement authorized 

14 under subsection (a). 

15 (B) AVAILABILITY.—The procedures re16 quired by subparagraph (A) shall be made 

17 available to the public via the website of the 

18 Department of Homeland Security. 

19 (2) SPECIFICATION.—An agreement authorized 

20 under subsection (a) may specify— 

21 (A) the land port of entry facility or facili22 ties in support of which the agreement is en23 tered into; and 

24 (B) the timeframe in which the contributed 

25 property or nonpersonal services shall be used. 


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1 (3) SUPPLEMENTAL FUNDING.—Any property, 

2 including monetary donations, or nonpersonal serv3 ices donated pursuant to subsection (a) may be used 

4 in addition to any other funds, including appro5 priated funds, property, or services made available 

6 for the same purpose. 

7 (4) RETURN OF DONATION.— 

8 (A) REQUIREMENT FOR RETURN.—If the 

9 Commission of U.S. Customs and Border Pro10 tection or the Administrator of General Services 

11 does not use property or nonpersonal services 

12 donated pursuant to subsection (a) for the spe13 cific facility designated by the donor or within 

14 the timeframe designated by the donor, such 

15 donated property or services shall be returned 

16 to donor. 

17 (B) PROHIBITION ON INTEREST.—No in18 terest may be owed on any donation returned to 

19 a donor under subparagraph (A). 

20 (5) DETERMINATION AND NOTIFICATION.— 

21 (A) IN GENERAL.—Not later than 90 days 

22 after receiving a proposal pursuant to sub23 section (a) with respect to the construction or 

24 maintenance of a facility or other infrastructure 


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1 at a land border port of entry, the Adminis2 trator of General Services shall— 

3 (i) make a determination with respect 

4 to whether or not to approve the proposal; 

5 and 

6 (ii) notify the person that submitted 

7 the proposal of— 

8 (I) the determination; and 

9 (II) if the Administrator did not 

10 approve the proposal, the reasons for 

11 such disapproval. 

12 (B) CONSIDERATIONS.—In determining 

13 whether or not to approve a proposal under this 

14 subsection, the Administrator shall consider— 

15 (i) the impact of the proposal on re16 ducing wait times at that port of entry and 

17 other ports of entry on the same border; 

18 (ii) the potential of the proposal to in19 crease trade and travel efficiency through 

20 added capacity; and 

21 (iii) the potential of the proposal to 

22 enhance the security of the port of entry. 

23 (d) ANNUAL REPORT AND NOTICE TO CONGRESS.— 

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1 tion, in collaboration with the Administrator of General 

2 Services, shall— 

3 (1) submit to the relevant committees of Con4 gress an annual report on agreements entered into 

5 under subsection (a); and 

6 (2) not less than 3 days prior to entering into 

7 an agreement under subsection (a) with a person, 

8 notify the members of Congress that represent the 

9 State or district where the person is located. 

10 SEC. 20. IMPLEMENTATION OF GOVERNMENT ACCOUNT11 ABILITY OFFICE FINDINGS. 

12 (a) BORDER WAIT TIME DATA COLLECTION.— 

13 (1) STRATEGIC PLAN.—The Secretary of Home14 land Security, in consultation with the Commissioner 

15 of U.S. Customs and Border Protection, the Admin16 istrator of the Federal Highway Administration, 

17 State Departments of Transportation, and other 

18 public and private stakeholders, shall develop a stra19 tegic plan for standardized collection of vehicle wait 

20 times at land ports of entry. 

21 (2) ELEMENTS.—The strategic plan required 

22 under paragraph (1) shall include— 

23 (A) a description of how U.S. Customs and 

24 Border Protection will ensure standardized 


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1 manual wait time collection practices at ports of 

2 entry; 

3 (B) current wait time collection practices 

4 at ports of entry and make available a descrip5 tion of that practice for each port through ex6 isting online platforms for public reporting; 

7 (C) a timeline for incorporating standard8 ized data into existing online platforms for pub9 lic reporting; 

10 (D) the identification of a standardized 

11 measurement and validation wait time data tool 

12 for use at all land ports of entry; and 

13 (E) an assessment of the feasibility and 

14 cost for supplementing and replacing manual 

15 data collection with automation, which should 

16 utilize existing automation efforts and re17 sources. 

18 (3) UPDATES FOR COLLECTION METHODS.— 

19 The Secretary of Homeland Security shall update 

20 the strategic plan required by paragraph (1) to re21 flect new practices, timelines, tools, and assessments, 

22 as appropriate. 

23 (b) STAFF ALLOCATION.—The Secretary of Home24 land Security, in consultation with the Commissioner of 

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1 ipal, and private sector stakeholders at each port of entry, 

2 shall develop a standardized model for the allocation of 

3 U.S. Customs and Border Protection officers and support 

4 staff at land ports of entry, including allocations specific 

5 to field offices and the port level that utilizes— 

6 (1) current and future operational priorities 

7 and threats; 

8 (2) historical staffing levels and patterns; and 

9 (3) anticipated traffic flows. 

10 (c) OUTCOME-BASED PERFORMANCE MEASURES.— 

11 (1) IN GENERAL.—The Secretary of Homeland 

12 Security, in consultation with the Commissioner of 

13 U.S. Customs and Border Protection and relevant 

14 public and private sector stakeholders, shall identify 

15 and adopt not less than 2 new outcome-based per16 formance measures that support the trade facilita17 tion goals of U.S. Customs and Border Protection. 

18 (2) EFFECT OF TRUSTED TRAVELER AND SHIP19 PER PROGRAMS.—Outcome-based performance meas20 ures identified under this subsection should in21 clude— 

22 (A) the extent to which trusted traveler 

23 and shipper program participants experience 

24 decreased annual percentage wait time com25 pared to nonparticipants; and 


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1 (B) the extent to which trusted traveler 

2 and shipper program participants experience an 

3 annual reduction in percentage of referrals to 

4 secondary inspection facilities compared to non5 participants. 

6 (3) AGENCY EFFICIENCIES.—Performance 

7 measures should not be adopted which solely address 

8 U.S. Customs and Border Protection resource effi9 ciency and do not adequately gauge impact of pro10 grams or initiatives on trade facilitation goals, or 

11 measure benefits to stakeholders. 

12 (4) REPORT.—Not later than 90 days after the 

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

14 Homeland Security shall submit to the relevant com15 mittees of Congress a report that identifies— 

16 (A) the new performance measures devel17 oped under this subsection; and 

18 (B) the process for the incorporation of 

19 such measures into existing performance meas20 ures. 

21 SEC. 21. AUTHORITY TO ENTER INTO AGREEMENTS FOR 

22 THE PROVISION OF CERTAIN SERVICES AT 

23 LAND BORDER PORTS OF ENTRY. 

24 (a) AUTHORITY TO ENTER INTO AGREEMENTS.— 


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1 (1) IN GENERAL.—Notwithstanding section 451 

2 of the Tariff Act of 1930 (19 U.S.C. 1451) and con3 sistent with section 560 of the Department of 

4 Homeland Security Appropriations Act, 2013 (divi5 sion D of Public Law 113–6; 127 Stat. 378) and 

6 section 559 of the Department of Homeland Secu7 rity Appropriations Act, 2014 (division F of Public 

8 Law 113–76; 6 U.S.C. 211 note), the Commissioner 

9 of U.S. Customs and Border Protection may, during 

10 the 10-year period beginning on the date of the en11 actment of this Act and upon the request of any per12 son, enter into a partnership with that person under 

13 which— 

14 (A) U.S. Customs and Border Protection 

15 will provide services described in paragraph (2) 

16 at a land border port of entry; and 

17 (B) that person will pay a fee imposed 

18 under subsection (b) to reimburse U.S. Cus19 toms and Border Protection for the costs in20 curred in providing such services. 

21 (2) SERVICES DESCRIBED.—Services described 

22 in this paragraph are any services related to cus23 toms, agricultural processing, border security, or im24 migration inspection-related matters provided by an 


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1 employee or contractor of U.S. Customs and Border 

2 Protection at land border ports of entry. 

3 (3) LIMITATION.—Nothing in this paragraph 

4 may be construed to reduce the responsibilities or 

5 duties of U.S. Customs and Border Protection to 

6 provide services at land border ports of entry that 

7 have been authorized or mandated by law and are 

8 funded in any appropriation Act or from any ac9 counts in the Treasury of the United States derived 

10 by the collection of fees. 

11 (4) IMPLEMENTATION.—The Commissioner 

12 shall not modify existing requirements or reimburs13 able fee agreements in effect on the date of enact14 ment of this Act, unless the relevant person requests 

15 a modification to include services described in this 

16 section. 

17 (b) FEE.— 

18 (1) IN GENERAL.—The amount of the fee to be 

19 charged pursuant to an agreement authorized under 

20 this section shall be paid by a person requesting the 

21 provision of U.S. Customs and Border Protection 

22 services, and shall include the salaries and expenses 

23 of individuals employed by the U.S. Customs and 

24 Border Protection to provide such services and other 

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1 tion relating to such services, such as temporary 

2 placement or permanent relation of such individuals. 

3 (2) OVERSIGHT OF FEES.—The Commissioner 

4 of U.S. Customs and Border Protection of U.S. Cus5 toms and Border Protection shall develop a process 

6 to oversee the activities reimbursed by the fees 

7 charged pursuant to an agreement authorized under 

8 paragraph (1) that includes the following: 

9 (A) A determination and report on the full 

10 costs of providing services, including direct and 

11 indirect costs, including a process for increasing 

12 such fees as necessary. 

13 (B) Establishment of a monthly remittance 

14 schedule to reimburse appropriations. 

15 (C) Identification of overtime costs to be 

16 reimbursed by such fees. 

17 (3) DEPOSIT OF FUNDS.—Funds collected pur18 suant to any agreement entered into under para19 graph (1) shall be deposited as offsetting collections 

20 and remain available until expended, without fiscal 

21 year limitation, and shall directly reimburse each ap22 propriation for the amount paid out of that appro23 priation for any expenses incurred by U.S. Customs 

24 and Border Protection in providing U.S. Customs 

25 and Border Protection services and any other costs 


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1 incurred by U.S. Customs and Border Protection re2 lating to such services. 

3 (4) TERMINATION.—The Commissioner shall 

4 terminate the provision of services pursuant to an 

5 agreement entered into under paragraph (1) with a 

6 private sector or government entity that, after re7 ceiving notice from the Commissioner that a fee im8 posed under paragraph (4) is due, fails to pay such 

9 fee in a timely manner. In the event of such termi10 nation, all costs incurred by U.S. Customs and Bor11 der Protection, which have not been reimbursed, will 

12 become immediately due and payable. Interest on 

13 unpaid fees will accrue based on current Treasury 

14 borrowing rates. Additionally, any private sector or 

15 government entity that, after notice and demand for 

16 payment of any fee charged under paragraph (4), 

17 fails to pay such fee in a timely manner shall be lia18 ble for a penalty or liquidated damage equal to two 

19 times the amount of such fee. Any amount collected 

20 pursuant to any agreement entered into under para21 graph (1) shall be deposited into the account speci22 fied under paragraph (5) and shall be available as 

23 described therein. 

24 (5) NOTIFICATION.—The Commissioner shall 

25 notify the relevant congressional committees not less 


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1 than 3 days prior to entering into an agreement 

2 under this section, and shall further notify individual 

3 members of Congress not less than 3 days prior to 

4 entering to an agreement under this section for the 

5 provision of services at a facility in their State or 

6 district. 

7 SEC. 22. DEFINITIONS. 

8 In this Act: 

9 (1) ADVANCED UNATTENDED SURVEILLANCE

10 SENSORS.—The term ‘‘advanced unattended surveil11 lance sensors’’ means sensors that utilize an onboard 

12 computer to analyze detections in an effort to dis13 cern between vehicles, humans, and animals, and ul14 timately filter false positives prior to transmission. 

15 (2) APPROPRIATE CONGRESSIONAL COMMIT16 TEES.—The term ‘‘appropriate congressional com17 mittees’’ means the Committee on Homeland Secu18 rity of the House of Representatives and the Com19 mittee on Homeland Security and Governmental Af20 fairs of the Senate. 

21 (3) COCAINE REMOVAL EFFECTIVENESS

22 RATE.—The term ‘‘cocaine removal effectiveness 

23 rate’’ means the percentage that results from divid24 ing the amount of cocaine removed by the Depart25 ment of Homeland Security’s maritime security comVerDate Sep 11 2014 23:43 Jan 29, 2015 Jkt 049200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\S208.IS S208

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1 ponents inside or outside a transit zone, as the case 

2 may be, by the total documented cocaine flow rate 

3 as contained in Federal drug databases. 

4 (4) CONSEQUENCE DELIVERY SYSTEM.—The 

5 term ‘‘Consequence Delivery System’’ means the se6 ries of consequences applied to persons unlawfully 

7 entering the United States by the Border Patrol to 

8 prevent unlawful border crossing recidivism. 

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

10 an unlawful border crosser who, after making an un11 lawful entry into the United States, is not turned 

12 back or apprehended. 

13 (6) HIGH TRAFFIC AREAS.—The term ‘‘high 

14 traffic areas’’ means sectors along the northern and 

15 southern borders of the United States that are with16 in the responsibility of the Border Patrol that have 

17 significant unlawful cross-border activity, informed 

18 through situational awareness. 

19 (7) MAJOR VIOLATOR.—The term ‘‘major viola20 tor’’ means a person or entity that has engaged in 

21 serious criminal activities at any land, air, or sea 

22 port of entry, including possession of illicit drugs, 

23 smuggling of prohibited products, human smuggling, 

24 weapons possession, use of fraudulent United States 


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1 documents, or other offenses serious enough to re2 sult in arrest. 

3 (8) OPERATIONAL CONTROL.—The term ‘‘oper4 ational control’’ has the meaning given such term in 

5 section 2(b) of the Secure Fence Act of 2006 (8 

6 U.S.C. 1701 note; Public Law 109–367). 

7 (9) PERSON.—The term ‘‘person’’ means— 

8 (A) an individual; or 

9 (B) a corporation, partnership, trust, asso10 ciation, or any other public or private entity, in11 cluding a State or local government. 

12 (10) RELEVANT COMMITTEES OF CONGRESS.— 

13 The term ‘‘relevant committees of Congress’’ means 

14 the following: 

15 (A) The Committee on Environment and 

16 Public Works, the Committee on Finance, the 

17 Committee on Homeland Security and Govern18 mental Affairs, and the Committee on the Judi19 ciary of the Senate. 

20 (B) The Committee on Homeland Security, 

21 the Committee on the Judiciary, the Committee 

22 on Transportation and Infrastructure, and the 

23 Committee on Ways and Means of the House of 

24 Representatives. 


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1 (11) SITUATIONAL AWARENESS.—The term 

2 ‘‘situational awareness’’ means knowledge and an 

3 understanding of current unlawful cross-border ac4 tivity, including cross-border threats and trends con5 cerning illicit trafficking and unlawful crossings 

6 along the international borders of the United States, 

7 the ability to forecast future shifts in such threats 

8 and trends, and the operational capability to conduct 

9 continuous and integrated surveillance of the inter10 national borders of the United States. 

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

12 means the sea corridors of the western Atlantic 

13 Ocean, the Gulf of Mexico, the Caribbean Sea, and 

14 the eastern Pacific Ocean through which undocu15 mented migrants and illicit drugs transit, either di16 rectly or indirectly, to the United States. 

17 (13) TURN BACK.—The term ‘‘turn back’’ 

18 means an unlawful border crosser who, after making 

19 an unlawful entry into the United States, returns to 

20 the country from which such crosser entered. 

21 (14) UNLAWFUL BORDER CROSSING EFFEC22 TIVENESS RATE.—The term ‘‘unlawful border cross23 ing effectiveness rate’’ means the percentage that re24 sults from dividing the number of apprehensions and 

25 turn backs by the number of apprehensions, turn 


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1 backs, and got aways. The data used by the Sec2 retary of Homeland Security to determine such rate 

3 shall be collected and reported in a consistent and 

4 standardized manner across all Border Patrol sec5 tors, informed by situational awareness. 

6 SEC. 23. AUTHORIZATION OF APPROPRIATIONS. 

7 There is authorized to be appropriated for each of 

8 fiscal years 2016 through 2025 $1,000,000,000 to carry 

9 out this Act and the amendments made by this Act. 

Æ 


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