(III) recommendations to achieve 
situational awareness, operational con-
trol, or both, as the case may be. 
(iii) METRICS.—Not later than 120 
days after conducting a review described in 
subparagraph (B), the BSVC shall submit 
to the appropriate congressional committees 
a report on the results of each such review 
and a determination of the accuracy of the 
metrics implemented under subsections (h), 
(i), (j), and (k). 
(D) 
OPERATIONAL
CONTROL
CERTIFI-
CATION.— 
(i) IN GENERAL.—For purposes of sub-
paragraph (C)(i), the BSVC shall certify 
the accuracy of a notification of the Sec-
retary if four members of the BSVC vote 
that such certification is accurate. 
(ii) PUBLIC VOTING.—A vote referred 
to under clause (i) shall be conducted in 
public. 
(iii) 
CONSULTATION.—Before 
con-
ducting a vote referred to in clause (i), the 
BSVC shall consult with the governors of 
each southern land border State, representa-
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tives of the National Border Patrol Council, 
representatives of the ranching industry in 
each southern land border State, and rel-
evant State and local government agencies 
that have jurisdiction on the southern land 
border. 
(E) METRICS
DETERMINATION.—For pur-
poses of subparagraph (C)(iii), the BSVC shall 
concur in the accuracy of the metrics required 
under subsections (h), (i), (j), and (k) if four 
members of the BSVC vote that such certification 
is accurate. 
(o) FAILURE TO ACHIEVE OPERATIONAL CONTROL.— 
(1) PENALTIES.— 
(A) IN
GENERAL.—If the Secretary of 
Homeland Security determines that situational 
awareness, operational control, or both, as the 
case may be, has not been achieved by the dates 
referred to in subsection (n)(1) (and thus fails to 
submit a notification to the BSVC), or if the 
BSVC determines pursuant to subsection (n)(2) 
that the Secretary has failed to achieve situa-
tional awareness and operational control of high 
traffic areas or has failed to achieve operational 
control along the southern land border by such 
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respective dates, no political appointee of the De-
partment of Homeland Security may perform 
any function described in subparagraph (B) 
until the BSVC certifies that the Secretary has 
achieved such situational awareness, operational 
control, or both, as the case may be. 
(B) FUNCTIONS DESCRIBED.—The functions 
described in this subparagraph are each of the 
following: 
(i) Travel using Government aircraft. 
(ii) Receipt of any non-essential train-
ing, including conferences. 
(iii) Receipt of bonus pay. 
(iv) Receipt of any salary increase. 
(2) NATIONAL SECURITY EXCEPTION.—The Sec-
retary of Homeland Security may waive the travel 
prohibition in paragraph (1)(B)(i) if the Secretary 
determines and notifies the appropriate congressional 
committees that— 
(A) such a waiver is in the national secu-
rity interests of the United States; or 
(B) such travel is being carried out to 
achieve operational control of the southern land 
border of the United States. 
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(3) FURTHER ACTION REQUIRED.—If the Sec-
retary of Homeland Security determines that situa-
tional awareness, operational control, or both, as the 
case may be, has not been achieved by the dates re-
ferred to in subsection (n)(1) (and thus fails to sub-
mit a notification to the BSVC), or if the BSVC de-
termines pursuant to subsection (n)(2) that the Sec-
retary has failed to achieve situational awareness and 
operational control of high traffic areas or fails to 
achieve operational control along the southern land 
border by such respective dates, the Secretary of 
Homeland Security shall, within 180 days, submit to 
the appropriate congressional committees and the 
BSVC and implement a revised plan to achieve situa-
tional awareness, operational control, or both, as the 
case may be, that adopts the recommendations of the 
BSVC referred to in subsection (n)(2)(C)(ii)(III). 
(p) REPORTS.—Not later than 60 days after the date 
of the enactment of this Act and annually thereafter, the 
Secretary of Homeland Security shall submit to the appro-
priate congressional committees a report that includes each 
of the following: 
(1) A resource allocation model for current and 
future year staffing requirements that includes opti-
mal staffing levels at all land, air, and sea ports of 
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entry, and an explanation of U.S. Customs and Bor-
der Protection methodology for aligning staffing levels 
and workload to threats and vulnerabilities and their 
effects on cross border trade and passenger travel 
across all mission areas. 
(2) Detailed information on the level of man-
power available at all land, air, and sea ports of 
entry and between ports of entry, including the num-
ber of canine and agricultural specialists assigned to 
each such port of entry. 
(3) Detailed information describing the dif-
ference between the staffing the model suggests and the 
actual staffing at each port of entry and between the 
ports of entry. 
(4) Monthly per passenger wait times, including 
data on per passenger processing wait times at all 
land, air, and sea ports of entry. 
(5) A description of the infrastructure, security 
resources, and other measures that are necessary to 
achieve substantial reductions in the average wait 
times of vehicles at land border ports of entry. 
(q) ADHERENCE
TO
CERTAIN
STANDARDS.—The 
Under Secretary for Management of the Department of 
Homeland Security, in coordination with the Assistant 
Commissioner of the Office of Administration of U.S. Cus-
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toms and Border Protection, shall ensure component pro-
gram managers who are responsible for carrying out sub-
sections (b) and (c) adhere to internal control standards 
identified by the Comptroller General of the United States. 
The Assistant Commissioner shall provide information, as 
needed, to assist the Under Secretary for Management in 
monitoring proper program management of border security 
programs carried out pursuant to such subsections. 
SEC. 
4. 
ESTABLISHMENT 
OF 
BORDER 
SECURITY 
VERIFICATION COMMISSION. 
(a) IN GENERAL.—There is established a Border Secu-
rity Verification Commission (in this Act referred to as the 
‘‘BSVC’’). 
(b) PURPOSE.—The BSVC shall certify the accuracy 
of the notifications regarding situational awareness and 
operational control required from the Secretary pursuant 
to section 3(n). 
(c) COMPOSITION.—The BSVC shall be composed of— 
(1) the head of a national laboratory within the 
Department of Homeland Security laboratory net-
work with prior expertise in border security, ap-
pointed by the President, in coordination with the 
Speaker and minority leader of the House of Rep-
resentatives and the majority and minority leaders of 
the Senate; 
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(2) the head of a border security university-based 
center within the Department of Homeland Security 
Centers of Excellence network, appointed by the Presi-
dent, in coordination with the Speaker and minority 
leader of the House of Representatives and the major-
ity and minority leaders of the Senate; and 
(3) three individuals, appointed by the Presi-
dent, based on the recommendations of the special 
congressional commission on border security estab-
lished pursuant to subsection (d). 
(d) SPECIAL CONGRESSIONAL COMMISSION ON BOR-
DER SECURITY.— 
(1) ESTABLISHMENT.—There is established a 
special congressional commission on border security 
(in this subsection referred to as the ‘‘commission’’). 
The commission shall determine the criteria for mak-
ing recommendations for the individuals to be ap-
pointed by the President under subsection (c)(3), and 
shall recommend not more than five individuals for 
such appointments. The commission shall consist of— 
(A) the Speaker and minority leader of the 
House of Representatives; 
(B) the majority and minority leaders of 
the Senate; 
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(C) the chairman and ranking member of 
the Committee on Homeland Security of the 
House of Representatives; and 
(D) the chairman and ranking member of 
the Committee on Homeland Security and Gov-
ernmental Affairs of the Senate. 
(2) VOTING PROCEDURES.— 
(A) IN
GENERAL.—The commission may 
make a recommendation to the President con-
cerning an individual referred to in subsection 
(c)(3) only if such recommendation is approved 
by a majority vote of the full membership of the 
commission. 
(B) TIE VOTE.—In the event of a tie vote of 
the commission during its consideration of 
whether or not to recommend an individual to 
the President under paragraph (1), the Speaker 
of the House of Representatives shall cast the de-
ciding vote. 
(e) QUALIFICATIONS.—The individuals referred to in 
subsection (c)(3) shall have a minimum of five years profes-
sional experience in law enforcement and border security. 
(f) CHAIR.—The BSVC shall be chaired by the indi-
vidual referred to in subsection (c)(1). 
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(g) APPOINTMENT.—The members of the BSVC shall 
be appointed not later than 60 days after the date of the 
enactment of this Act. 
(h) PROHIBITION ON COMPENSATION.—Members of the 
BSVC may not receive pay, allowances, or benefits from 
the Federal Government by reason of their service on the 
BSVC. 
(i) PROHIBITION ON CERTAIN MEMBERSHIP.—Mem-
bers of the BSVC may not be current Federal employees 
or current Members of Congress. 
(j) SECURITY CLEARANCES.—A member or employee 
of the BSVC shall receive an appropriate security clearance, 
as determined by the BSVC in consultation with the Sec-
retary of Homeland Security, that is commensurate with 
the sensitivity of the classified information to which such 
member or employee will be given access by reason of mem-
bership in or employment by the BSVC. 
(k) MEETINGS.—The BSVC shall meet on the call of 
the chairperson. The BSVC shall meet and begin operations 
not later than 180 days after the date of the enactment of 
this Act. 
(l) PUBLIC HEARINGS.— 
(1) IN
GENERAL.—The BSVC shall hold not 
fewer than two public hearings each calendar year. 
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(2) WITNESS TESTIMONY.—In holding the hear-
ings required under paragraph (1), the BSVC shall 
request the public testimony of Federal, State, and 
local officials, and any private citizen or organization 
the BSVC determines is relevant to carrying out its 
mission. 
(m) QUORUM.—Four members of the BSVC shall con-
stitute a quorum to conduct business, but the BSVC may 
establish a lesser quorum for conducting hearings scheduled 
by the BSVC. 
(n) RULES.—The BSVC may establish by majority 
vote any other rules for the conduct of business, if such rules 
are not inconsistent with this Act. 
(o) VACANCIES.—Any vacancy in the membership of 
the BSVC shall be filled within 60 days and in the same 
manner as the original appointment. 
(p) PERSONNEL MATTERS.— 
(1) TRAVEL
EXPENSES.—The members of the 
BSVC shall be allowed travel expenses, including per 
diem in lieu of subsistence, at rates authorized for 
employees of agencies under subchapter I of chapter 
57 of title 5, United States Code, while away from 
their homes or regular places of business in the per-
formance of service for the BSVC. 
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(2) DETAIL OF FEDERAL EMPLOYEES.—With the 
affirmative vote of four of the members of the BSVC, 
any Federal Government employee, with the approval 
of the head of the appropriate Federal agency or con-
gressional office, may be detailed to the BSVC with-
out reimbursement, and such detail shall be without 
interruption or loss of civil service status, salary, ben-
efits, or privileges. 
(3) OFFICE SPACE AND ASSISTANCE.—Upon the 
request of the BSVC, the Secretary of Homeland Secu-
rity shall provide reasonable and appropriate office 
space, supplies, and administrative assistance. 
(q) TERMINATION.—The BSVC shall terminate after 
determining the accuracy of the tenth annual metrics sub-
mission required under subsection (n)(2) of section 3. 
SEC. 5. REQUIRED CONSEQUENCE. 
The Chief of the Border Patrol shall impose a con-
sequence for each alien apprehended pursuant to the Border 
Patrol’s Consequence Delivery System. 
SEC. 6. PATROL BY THE BORDER PATROL OF PHYSICAL 
LAND BORDER. 
(a) IN GENERAL.—The Chief of the Border Patrol shall 
direct agents of the Border Patrol to patrol as close to the 
physical land border as possible, consistent with the accessi-
bility to such areas. 
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(b) FORWARD OPERATING BASE PERSONNEL.—The 
Chief of the Border Patrol shall deploy the maximum prac-
ticable number of Border Patrol agents to forward oper-
ating bases along the southern land border of the United 
States to meet the requirements of this section. 
SEC. 7. TACTICAL FLEXIBILITY. 
(a) SOUTHERN LAND BORDER.—The Chief of the Bor-
der Patrol may alter the capability deployment referred to 
in subsection (b) of section 3 if the Chief determines, after 
consultation with the appropriate congressional committees, 
that the principal border security threats referred to in sub-
section (f)(2)(A) of such section require such alteration. 
(b) NORTHERN LAND BORDER.—The Chief of the Bor-
der Patrol may alter the capability deployment referred to 
in subsection (c) of section 15 if the Chief determines, after 
consultation with the appropriate congressional committees, 
that the threat analysis referred to in subsection (a) of such 
section requires such alteration. 
SEC. 8. DEPLOYMENT OF CERTAIN AVIATION ASSETS TO 
THE SOUTHERN LAND BORDER. 
(a) IN GENERAL.—The Secretary of Defense, in col-
laboration with the Secretary of Homeland Security, may 
allocate additional aviation assets of the Department of De-
fense to the southern land border of the United States to 
assist the Secretary of Homeland Security in achieving sit-
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uational awareness and operational control in accordance 
with section 3(a). 
(b) ADDITIONAL REQUIREMENTS.— 
(1) PLAN.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of 
Homeland Security shall submit to the appropriate 
congressional committees and the BSVC a plan for 
the Department of Homeland Security to acquire and 
deploy aviation capabilities of the Department along 
the southern land border of the United States. 
(2) DHS DEPLOYMENT.—Not later than 180 
days after the submission of the plan under para-
graph (1), the Secretary of Homeland Security shall 
begin acquiring and deploying to the southern land 
border of the United States aviation capabilities of 
the Department of Homeland Security acquired in 
accordance with such plan. 
SEC. 9. U.S. CUSTOMS AND BORDER PROTECTION OFFICER 
AND AGENT AUTHORIZATION. 
(a) BORDER PATROL.—The Border Patrol shall main-
tain an active duty presence of not fewer than 21,370 full 
time equivalent agents. 
(b) OFFICE OF FIELD OPERATIONS.—The Office of 
Field Operations of U.S. Customs and Border Protection 
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shall maintain not fewer than 23,775 full time equivalent 
officers. 
(c) OFFICE OF AIR AND MARINE.—The Office of Air 
and Marine of U.S. Customs and Border Protection shall 
maintain not fewer than 1,675 full time equivalent agents. 
SEC. 10. OFFICE OF AIR AND MARINE FLIGHT HOURS. 
(a) INCREASED FLIGHT HOURS.—The Secretary of 
Homeland Security shall ensure not fewer than 130,000 an-
nual flight hours of the Office of Air and Marine of U.S. 
Customs and Border Protection. 
(b) UNMANNED AERIAL SYSTEMS.—The Office of Air 
and Marine of U.S. Customs and Border Protection shall 
operate unmanned aerial systems not less than 16 hours 
per day, seven days per week. 
(c) UNMANNED AERIAL SYSTEMS REPORT.—The Of-
fice of Air and Marine of U.S. Customs and Border Protec-
tion shall annually submit to the appropriate congressional 
committees a report regarding the requirement referred to 
in subsection (b). Such report shall describe the number of 
hours the Office of Air and Marine operated unmanned aer-
ial systems— 
(1) in a transit zone; 
(2) on a land border; 
(3) on a maritime border; and 
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(4) to assist other Federal, State, local, and trib-
al law enforcement agencies. 
SEC. 11. AIR AND MARINE PRIORITIZATION. 
The Assistant Commissioner for the Office of Air and 
Marine of U.S. Customs and Border Protection shall assign 
the greatest prioritization to support requests from the Chief 
of the Border Patrol to carry out the requirements of section 
3(a). 
SEC. 12. BORDER PATROL FLEXIBILITY. 
(a) TRANSFER.—The Chief of the Border Patrol may 
transfer Border Patrol agents, on a voluntary basis, to high 
traffic areas, as determined by the Chief. 
(b) INCENTIVE BONUS.—At the discretion of the Chief 
of the Border Patrol, a Border Patrol agent may be eligible 
for an incentive bonus for any transfer carried out pursu-
ant to subsection (a) if the Chief determines that such trans-
fer is critical to the risk-based approach of the Border Pa-
trol to patrolling the international borders of the United 
States. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$30,000,000 for each fiscal year. 
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SEC. 13. PROHIBITION ON ACTIONS THAT IMPEDE BORDER 
SECURITY ON CERTAIN FEDERAL LAND. 
(a) PROHIBITION ON SECRETARIES OF THE INTERIOR 
AND AGRICULTURE.—The Secretary of the Interior or the 
Secretary of Agriculture shall not impede, prohibit, or re-
strict activities of U.S. Customs and Border Protection on 
Federal land located within 100 miles of the United States 
border with Mexico and the United States border with Can-
ada that is under the jurisdiction of the Secretary of the 
Interior or the Secretary of Agriculture, to execute search 
and rescue operations, and to prevent all unlawful entries 
into the United States, including entries by terrorists, other 
unlawful aliens, instruments of terrorism, narcotics, and 
other contraband through such international borders. These 
authorities of U.S. Customs and Border Protection on such 
Federal land apply whether or not a state of emergency ex-
ists. 
(b) AUTHORIZED ACTIVITIES OF U.S. CUSTOMS AND 
BORDER PROTECTION.—U.S. Customs and Border Protec-
tion shall have immediate access to Federal land within 100 
miles of the United States borders with Mexico and Canada 
that are under the jurisdiction of the Secretary of the Inte-
rior or the Secretary of Agriculture for purposes of con-
ducting the following activities on such land to prevent all 
unlawful entries into the United States, including entries 
by terrorists, other unlawful aliens, instruments of ter-
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rorism, narcotics, and other contraband through such inter-
national border: 
(1) Construction and maintenance of roads. 
(2) Construction and maintenance of barriers. 
(3) Use of vehicles to patrol, apprehend, or res-
cue. 
(4) Installation, maintenance, and operation of 
communications and surveillance equipment and sen-
sors. 
(5) Deployment of temporary tactical infrastruc-
ture. 
(c) CLARIFICATION RELATING TO WAIVER AUTHOR-
ITY.— 
(1) IN
GENERAL.—Notwithstanding any other 
provision of law (including any termination date re-
lating to the waiver referred to in this subsection), the 
waiver by the Secretary of Homeland Security on 
April 1, 2008, under section 102(c)(1) of the Illegal 
Immigration Reform and Immigrant Responsibility 
Act of 1996 (8 U.S.C. 1103 note; Public Law 104– 
208) of the laws described in paragraph (2) with re-
spect to certain sections of the international borders 
between the United States and Mexico and the United 
States and Canada shall be considered to apply to all 
Federal land under the jurisdiction of the Secretary 
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of the Interior or the Secretary of Agriculture within 
100 miles of such international borders for the activi-
ties of U.S. Customs and Border Protection described 
in subsection (b). 
(2) DESCRIPTION OF LAWS WAIVED.—The laws 
referred to in paragraph (1) are limited to the Wil-
derness Act (16 U.S.C. 1131 et seq.), the National En-
vironmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.), the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.), the National Historic Preservation Act 
(16 U.S.C. 470 et seq.), Public Law 86–523 (16 
U.S.C. 469 et seq.), the Act of June 8, 1906 (com-
monly known as the ‘‘Antiquities Act of 1906’’; 16 
U.S.C. 431 et seq.), the Wild and Scenic Rivers Act 
(16 U.S.C. 1271 et seq.), the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1701 et seq.), the 
National Wildlife Refuge System Administration Act 
of 1966 (16 U.S.C. 668dd et seq.), the Fish and Wild-
life Act of 1956 (16 U.S.C. 742a et seq.), the Fish and 
Wildlife Coordination Act (16 U.S.C. 661 et seq.), 
subchapter II of chapter 5, and chapter 7, of title 5, 
United States Code (commonly known as the ‘‘Admin-
istrative Procedure Act’’), the National Park Service 
Organic Act (16 U.S.C. 1 et seq.), the General Au-
thorities Act of 1970 (Public Law 91–383) (16 U.S.C. 
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1a–1 et seq.), sections 401(7), 403, and 404 of the Na-
tional Parks and Recreation Act of 1978 (Public Law 
95–625, 92 Stat. 3467), and the Arizona Desert Wil-
derness Act of 1990 (16 U.S.C. 1132 note; Public Law 
101–628). 
(d) PROTECTION OF LEGAL USES.—This section may 
not be construed to provide— 
(1) authority to restrict legal uses, such as graz-
ing, hunting, mining, or public-use recreational and 
backcountry airstrips on land under the jurisdiction 
of the Secretary of the Interior or the Secretary of Ag-
riculture; or 
(2) any additional authority to restrict legal ac-
cess to such land. 
(e) EFFECT ON STATE AND PRIVATE LAND.—This sec-
tion shall— 
(1) have no force or effect on State or private 
lands; and 
(2) not provide authority on or access to State 
or private lands. 
(f) TRIBAL SOVEREIGNTY.—Nothing in this section su-
persedes, replaces, negates, or diminishes treaties or other 
agreements between the United States and Indian tribes. 
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SEC. 14. BIOMETRIC EXIT DATA SYSTEM. 
(a) ESTABLISHMENT.—The Secretary of Homeland 
Security shall— 
(1) not later than 180 days after the date of the 
enactment of this Act, submit to the Committee on 
Homeland Security and the Committee on the Judici-
ary of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Af-
fairs and the Committee on the Judiciary of the Sen-
ate an implementation plan to establish a biometric 
exit data system to complete the integrated biometric 
entry and exit data system required under section 
7208 of the Intelligence Reform and Terrorism Pre-
vention Act of 2004 (8 U.S.C. 1365b), including— 
(A) an integrated master schedule and cost 
estimate, including requirements and design, de-
velopment, operational, and maintenance costs, 
of such a system that takes into account prior re-
ports on such matters issued by the Government 
Accountability Office and the Department of 
Homeland Security; 
(B) cost-effective staffing and personnel re-
quirements of such a system that leverages exist-
ing resources of the Department of Homeland Se-
curity that takes into account prior reports on 
such matters issued by the Government Account-
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ability Office and the Department of Homeland 
Security; 
(C) a consideration of training programs 
necessary to establish such a system that takes 
into account prior reports on such matters issued 
by the Government Accountability Office and the 
Department of Homeland Security; 
(D) a consideration of how such a system 
will affect wait times that takes into account 
prior reports on such matter issued by the Gov-
ernment Accountability Office and the Depart-
ment of Homeland Security; 
(E) information received after consultation 
with private sector stakeholders, including— 
(i) the trucking industry; 
(ii) the airport industry; 
(iii) the airline industry; 
(iv) the seaport industry; 
(v) the travel industry; and 
(vi) the biometric technology industry; 
(F) a consideration of how trusted traveler 
programs in existence as of the date of the enact-
ment of this Act may be impacted by, or incor-
porated into, such a system; 
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(G) defined metrics of success and mile-
stones; 
(H) identified risks and mitigation strate-
gies to address such risks; and 
(I) a consideration of how other countries 
have implemented a biometric exit data system; 
and 
(2) not later than two years after the date of the 
enactment of this Act, establish a biometric exit data 
system at— 
(A) the 15 United States airports that sup-
port the highest volume of international air trav-
el, as determined by available Federal flight 
data; 
(B) the 15 United States seaports that sup-
port the highest volume of international sea trav-
el, as determined by available Federal travel 
data; and 
(C) the 15 United States land ports of entry 
that support the highest volume of pedestrian 
crossings, as determined by available Federal 
border crossing data. 
(b) IMPLEMENTATION.— 
(1) PILOT PROGRAM AT LAND PORTS OF ENTRY 
FOR
NON-PEDESTRIAN
OUTBOUND
TRAFFIC.—Not 
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later than one year after the date of the enactment of 
this Act, the Secretary of Homeland Security, in col-
laboration with industry stakeholders, shall establish 
a six-month pilot program to test the biometric exit 
data system referred to in subsection (a)(2) on non- 
pedestrian outbound traffic at not fewer than three 
land ports of entry with significant cross-border traf-
fic, including at not fewer than two land ports of 
entry on the southern land border and at least one 
land port of entry on the northern land border. Such 
pilot program may include a consideration of more 
than one biometric mode, and shall be implemented to 
determine the following: 
(A) How a nationwide implementation of 
such biometric exit data system at land ports of 
entry shall be carried out. 
(B) The infrastructure required to carry out 
subparagraph (A). 
(C) The effects of such pilot program on le-
gitimate travel and trade. 
(D) The effects of such pilot program on 
wait times, including processing times, for such 
non-pedestrian traffic. 
(E) Its effectiveness in combating terrorism. 
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(F) Its effectiveness in identifying visa hold-
ers who violate the terms of their visas. 
(2) AT LAND PORTS OF ENTRY FOR NON-PEDES-
TRIAN OUTBOUND TRAFFIC.— 
(A) IN GENERAL.—Not later than five years 
after the date of the enactment of this Act, the 
Secretary of Homeland Security shall expand the 
biometric exit data system referred to in sub-
section (a)(2) to all land ports of entry, and such 
system shall apply only in the case of non-pedes-
trian outbound traffic. 
(B) EXTENSION.—The Secretary of Home-
land Security may extend for a single two year 
period the date specified in subparagraph (A) if 
the Secretary certifies to the Committee on 
Homeland Security and the Committee on the 
Judiciary of the House of Representatives and 
the Committee on Homeland Security and Gov-
ernmental Affairs and the Committee on the Ju-
diciary of the Senate that the 15 land ports of 
entry that support the highest volume of pas-
senger vehicles, as determined by available Fed-
eral data, do not have the physical infrastructure 
or characteristics to install the systems necessary 
to implement a biometric exit data system. 
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(3) AT AIR AND SEA PORTS OF ENTRY.—Not 
later than five years after the date of the enactment 
of this Act, the Secretary of Homeland Security shall 
expand the biometric exit data system referred to in 
subsection (a)(2) to all air and sea ports of entry. 
(4) AT
LAND
PORTS
OF
ENTRY
FOR
PEDES-
TRIANS.—Not later than five years after the date of 
the enactment of this Act, the Secretary of Homeland 
Security shall expand the biometric exit data system 
referred to in subsection (a)(2) to all land ports of 
entry, and such system shall apply only in the case 
of pedestrians. 
(c) EFFECTS ON AIR, SEA, AND LAND TRANSPOR-
TATION.—The Secretary of Homeland Security, in con-
sultation with appropriate private sector stakeholders, shall 
ensure that the collection of biometric data under this sec-
tion causes the least possible disruption to the movement 
of people or cargo in air, sea, or land transportation, while 
fulfilling the goals of improving counterterrorism efforts 
and identifying visa holders who violate the terms of their 
visas. 
(d) TERMINATION OF PROCEEDING.—Notwithstanding 
any other provision of law, the Secretary of Homeland Se-
curity shall, on the date of the enactment of this Act, termi-
nate the proceeding entitled ‘‘Collection of Alien Biometric 
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Data Upon Exit From the United States at Air and Sea 
Ports of Departure’’, issued on April 24, 2008 (73 C.F.R. 
22065; DHS Docket No. 2008–0039). 
(e) DATA-MATCHING.—The biometric exit data system 
established under this section shall— 
(1) require that the biometric data that is ob-
tained for a person upon entry to the United States 
is matched against the biometric data of such person 
when such person exits the United States; 
(2) leverage the infrastructure and databases of 
the current entry system established pursuant to sec-
tion 7208 of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (8 U.S.C. 1365b) for the pur-
pose described in paragraph (1); and 
(3) be interoperable with, and allow matching 
against, other Federal databases that store biometrics 
of known or suspected terrorists, and visa holders who 
have violated the terms of their visas. 
(f) SCOPE.— 
(1) IN GENERAL.—The biometric exit data sys-
tem established under this section shall include a re-
quirement for the collection of biometric exit data for 
all categories of individuals who are required to pro-
vide biometric entry data. 
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(2) EXCEPTION.—This section shall not apply in 
the case of a citizen of the United States. 
(g) COLLECTION OF DATA.—The Secretary of Home-
land Security may not require any non-Federal person to 
collect biometric data pursuant to the biometric exit data 
system established under this section, except through a con-
tractual agreement. 
(h) MULTI-MODAL COLLECTION.—In carrying out sub-
sections (a)(1) and (b), the Secretary of Homeland Security 
shall make every effort to collect biometric data using addi-
tional modes of biometric technology. 
(i) PENALTIES FOR FAILURE TO MEET DEADLINES.— 
(1) BIOMETRIC EXIT DATA SYSTEM.—If the Sec-
retary fails to meet any of the following requirements 
by the applicable deadline, no political appointee of 
the Department of Homeland Security may perform 
any function described in paragraph (2) until the 
Secretary has complied with the requirement: 
(A) The submission of the implementation 
plan under subsection (a)(1). 
(B) The establishment of a biometric exit 
data system under subsection (a)(2). 
(C) The establishment a six-month pilot 
program to test such biometric exit data system 
under subsection (b)(1)(A). 
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(D) The expansion of such biometric exit 
data system under subsection (b)(2)(A). 
(E) Any extension of the deadline for such 
expansion authorized by the Secretary under 
subsection (b)(2)(B)(ii). 
(2) FUNCTIONS DESCRIBED.—The functions de-
scribed in this subparagraph are each of the fol-
lowing: 
(A) Travel using government aircraft. 
(B) Receipt of any non-essential training. 
(C) Receipt of bonus pay. 
(D) Receipt of any salary increase. 
(j) CONGRESSIONAL REVIEW.—Not later than 90 days 
after the date of the enactment of this Act, the Secretary 
of Homeland Security shall submit to the Committee on 
Homeland Security and the Committee on the Judiciary 
of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs and the 
Committee on the Judiciary of the Senate reports and rec-
ommendations of the Department of Homeland Security 
Science and Technology Directorate’s Air Entry and Exit 
Re-Engineering Program and the reports and recommenda-
tions of the U.S. Customs and Border Protection entry and 
exit mobility program demonstrations. 
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SEC. 15. NORTHERN BORDER THREAT ANALYSIS. 
(a) IN GENERAL.—Not later than six months after the 
date of the enactment of this Act, the Secretary of Homeland 
Security shall submit to the appropriate congressional com-
mittees a northern border threat analysis. Such analysis, 
at a minimum, shall include the following: 
(1) An analysis of current and potential ter-
rorism threats posed by individuals seeking to enter 
the United States through the northern border. 
(2) An analysis of improvements needed at ports 
of entry along the northern border to prevent terror-
ists and instruments of terror from entering the 
United States. 
(3) An analysis of gaps in law, policy, inter-
national agreements, or tribal agreements that hinder 
the border security and counter-terrorism efforts along 
the northern border. 
(4) An analysis of unlawful cross border activity 
between ports of entry, including the maritime bor-
ders of the Great Lakes. 
(b) CLASSIFIED THREAT ANALYSIS.—The threat anal-
ysis required under subsection (a) may be submitted in clas-
sified form, if the Secretary of Homeland Security deter-
mines that such is appropriate. 
(c) REQUIRED NORTHERN BORDER CAPABILITY DE-
PLOYMENT.—Not later than 18 months after the date of the 
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