237 
(h) AUTHORITY OF OTHER FEDERAL AGENCIES NOT AFFECTED.—Noth-
ing in this section may be construed as affecting in any manner the author-
ity, which existed on February 23, 2016, of any other Federal agency or 
component of the Department. 
§ 10903. Limitation on reorganization of functions and units 
The authority provided by section 1502 of the Homeland Security Act of 
2002 (Public Law 107–296, 116 Stat. 2308) may be used to reorganize 
functions or organizational units in U.S. Immigration and Customs Enforce-
ment or U. S. Citizenship and Immigration Services, but may not be used 
to recombine U.S. Immigration and Customs Enforcement and U.S. Citizen-
ship and Immigration Services into a single agency or otherwise to combine, 
join, or consolidate functions or organizational units of U.S. Immigration 
and Customs Enforcement and U.S. Citizenship and Immigration Services 
with each other. 
§ 10904. Employee discipline 
The Secretary may impose disciplinary action on an employee of U.S. Im-
migration and Customs Enforcement and U.S. Customs and Border Protec-
tion who willfully deceives Congress or agency leadership on any matter. 
Subchapter II—Customs and Border 
Protection 
§ 10911. Definition of customs revenue function 
In this subchapter, the term ‘‘customs revenue function’’ means the fol-
lowing: 
(1) Assessing and collecting customs duties (including antidumping 
and countervailing duties and duties imposed under safeguard provi-
sions), excise taxes, fees, and penalties due on imported merchandise, 
including classifying and valuing merchandise for purposes of assess-
ment. 
(2) Processing and denial of entry of persons, baggage, cargo, and 
mail, with respect to the assessment and collection of import duties. 
(3) Detecting and apprehending persons engaged in fraudulent prac-
tices designed to circumvent the customs laws of the United States. 
(4) Enforcing section 337 of the Tariff Act of 1930 (19 U.S.C. 
1337) and provisions relating to import quotas and the marking of im-
ported merchandise, and providing Customs Recordations for copy-
rights, patents, and trademarks. 
(5) Collecting accurate import data for compilation of international 
trade statistics. 
(6) Enforcing reciprocal trade agreements. 
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(7) Functions performed by the following personnel, and associated 
support staff, of U. S. Customs and Border Protection on January 23, 
2003: 
(A) Import Specialists. 
(B) Entry Specialists. 
(C) Drawback Specialists. 
(D) National Import Specialists. 
(E) Fines and Penalties Specialists. 
(F) Attorneys of the Office of Regulations and Rulings. 
(G) Customs Auditors. 
(H) International Trade Specialists. 
(I) Financial Systems Specialists. 
(8) Functions performed by the following offices, with respect to any 
function described in any of paragraphs (1) through (7), and associated 
support staff, of the United States Customs Service on January 23, 
2003, and of U.S. Customs and Border Protection on February 23, 
2016: 
(A) Office of Information and Technology. 
(B) Office of Laboratory Services. 
(C) Office of the Chief Counsel. 
(D) Office of Congressional Affairs. 
(E) Office of International Affairs. 
(F) Office of Training and Development. 
§ 10912. Retention of customs revenue functions by Sec-
retary of the Treasury 
(a) RETENTION OF CUSTOMS REVENUE FUNCTIONS BY SECRETARY OF 
THE TREASURY.— 
(1) 
RETENTION
OF
AUTHORITY.—Notwithstanding 
section 
10901(b)(1) of this title, authority relating to customs revenue func-
tions that was vested in the Secretary of the Treasury by law before 
January 24, 2003, under those provisions of law set forth in paragraph 
(2) shall not be transferred to the Secretary by reason of the Homeland 
Security Act of 2002 (Public Law 107–296, 116 Stat. 2135) and, on 
and after January 24, 2004, the Secretary of the Treasury may dele-
gate that authority to the Secretary at the discretion of the Secretary 
of the Treasury. The Secretary of the Treasury shall consult with the 
Secretary regarding the exercise of authority not delegated to the Sec-
retary. 
(2) STATUTES.—The provisions of law referred to in paragraph (1) 
are the following: 
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(A) Section 249 of the Revised Statutes of the United States 
(19 U.S.C. 3). 
(B) Section 2 of the Act of March 4, 1923 (19 U.S.C. 6). 
(C) Section 13031 of the Consolidated Omnibus Budget Rec-
onciliation Act of 1985 (19 U.S.C. 58c). 
(D) Section 251 of the Revised Statutes of the United States 
(19 U.S.C. 66). 
(E) Section 1 of the Act of June 26, 1930 (19 U.S.C. 68). 
(F) The Act of June 18, 1934 (known as the ‘‘Foreign Trade 
Zones Act’’) (19 U.S.C. 81a et seq.). 
(G) Section 1 of the Act of March 2, 1911 (19 U.S.C. 198). 
(H) The Tariff Act of 1930 (19 U.S.C. 1202 et seq.). 
(I) The Trade Act of 1974 (19 U.S.C. 2101 et seq.). 
(J) The Trade Agreements Act of 1979 (19 U.S.C. 2501 et 
seq.). 
(K) The Caribbean Basin Economic Recovery Act (19 U.S.C. 
2701 et seq.). 
(L) The Andean Trade Preference Act (19 U.S.C. 3201 et seq.). 
(M) The North American Free Trade Agreement Implementa-
tion Act (19 U.S.C. 3311 et seq.). 
(N) The Uruguay Round Agreements Act (19 U.S.C. 3501 et 
seq.). 
(O) The African Growth and Opportunity Act (19 U.S.C. 3701 
et seq.). 
(P) Any other provision of law vesting customs revenue func-
tions in the Secretary of the Treasury. 
(b) MAINTENANCE OF CUSTOMS REVENUE FUNCTIONS.— 
(1) MAINTENANCE OF FUNCTIONS.—Notwithstanding any other pro-
vision of this subtitle, the Secretary may not consolidate, discontinue, 
or diminish those functions described in paragraph (2) performed by 
U.S. Customs and Border Protection on or after January 24, 2003, re-
duce the staffing level, or reduce the resources attributable to the func-
tions, and the Secretary shall ensure that an appropriate management 
structure is implemented to carry out the functions. 
(2) FUNCTIONS.—The functions referred to in paragraph (1) are 
those functions performed by the following personnel, and associated 
support staff, of U. S. Customs and Border Protection on January 23, 
2003: 
(A) Import Specialists. 
(B) Entry Specialists. 
(C) Drawback Specialists. 
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(D) National Import Specialists. 
(E) Fines and Penalties Specialists. 
(F) Attorneys of the Office of Regulations and Rulings. 
(G) Customs Auditors. 
(H) International Trade Specialists. 
(I) Financial Systems Specialists. 
(c) NEW PERSONNEL.—The Secretary of the Treasury may appoint up 
to 20 new personnel to work with personnel of the Department in per-
forming customs revenue functions. 
§ 10913. Preservation of customs funds 
Notwithstanding any other provision of this subtitle, no funds collected 
under section 13031(a) (1) through (8) of the Consolidated Omnibus Budg-
et Reconciliation Act of 1985 (19 U.S.C. 58c(a)(1) through (8)) may be 
transferred for use by another agency or office in the Department. 
§ 10914. Separate budget request for U.S. Customs and Bor-
der Protection 
(a) IN GENERAL.—The President shall include in each budget trans-
mitted to Congress under section 1105 of title 31 a separate budget request 
for U.S. Customs and Border Protection. 
(b) FIVE-YEAR PLAN FOR LAND BORDER PORT OF ENTRY PROJECTS.— 
The annual budget submission of U. S. Customs and Border Protection for 
‘‘Construction and Facilities Management’’ shall, in consultation with the 
General Services Administration, include a detailed 5-year plan for all Fed-
eral land border port-of-entry projects, with a yearly update of total pro-
jected future funding needs delineated by Federal land border port of entry. 
§ 10915. Allocation of resources by the Secretary 
(a) DEFINITION OF CUSTOMS REVENUE SERVICES.—In this section, the 
term ‘‘customs revenue services’’ means those customs revenue functions de-
scribed in section 10911(1) through (6) and (8) of this title. 
(b) IN GENERAL.—The Secretary shall ensure that adequate staffing is 
provided to ensure that levels of customs revenue services provided on Janu-
ary 23, 2003, shall continue to be provided. 
(c) NOTIFICATION OF CONGRESS.—The Secretary shall notify the Com-
mittee on Ways and Means of the House of Representatives and the Com-
mittee on Finance of the Senate at least 90 days prior to taking an action 
that would— 
(1) result in a significant reduction in customs revenue services, in-
cluding hours of operation, provided at an office within the Department 
or a port of entry; 
(2) eliminate or relocate an office of the Department that provides 
customs revenue services; or 
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(3) eliminate a port of entry. 
§ 10916. Methamphetamine 
and 
methamphetamine 
pre-
cursor chemicals 
(a) DEFINITION OF METHAMPHETAMINE PRECURSOR CHEMICALS.—In 
this section, the term ‘‘methamphetamine precursor chemicals’’ means the 
chemicals ephedrine, pseudoephedrine, or phenylpropanolamine, including 
each of the salts, optical isomers, and salts of optical isomers of the chemi-
cals. 
(b) COMPLIANCE WITH PERFORMANCE PLAN REQUIREMENTS.—As part 
of the annual performance plan required in the budget submission of U.S. 
Customs and Border Protection under section 1115 of title 31, the Commis-
sioner shall establish performance indicators relating to the seizure of meth-
amphetamine and methamphetamine precursor chemicals in order to evalu-
ate the performance goals of U.S. Customs and Border Protection with re-
spect to the interdiction of illegal drugs entering the United States. 
(c) STUDY AND REPORT RELATING TO METHAMPHETAMINE AND METH-
AMPHETAMINE PRECURSOR CHEMICALS.— 
(1) ANALYSIS.—The Commissioner shall, on an ongoing basis, ana-
lyze the movement of methamphetamine and methamphetamine pre-
cursor chemicals into the United States. In conducting the analysis, the 
Commissioner shall— 
(A) consider the entry of methamphetamine and methamphet-
amine precursor chemicals through ports of entry, between ports 
of entry, through international mails, and through international 
courier services; 
(B) examine the export procedures of each foreign country 
where the shipments of methamphetamine and methamphetamine 
precursor chemicals originate and determine if changes in the 
country’s customs overtime provisions would alleviate the export of 
methamphetamine and methamphetamine precursor chemicals; 
and 
(C) identify emerging trends in smuggling techniques and strat-
egies. 
(2) REPORT.—Not later than September 30 of each odd-numbered 
year, the Commissioner, in consultation with the Attorney General, 
United States Immigration and Customs Enforcement, the United 
States Drug Enforcement Administration, and the United States De-
partment of State, shall submit a report to the Committee on Finance 
of the Senate, the Committee on Foreign Relations of the Senate, the 
Committee on the Judiciary of the Senate, the Committee on Ways and 
Means of the House of Representatives, the Committee on Foreign Af-
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fairs of the House of Representatives, and the Committee on the Judi-
ciary of the House of Representatives, that includes— 
(A) a comprehensive summary of the analysis described in para-
graph (1); and 
(B) a description of how U.S. Customs and Border Protection 
utilized the analysis described in paragraph (1) to target ship-
ments presenting a high risk for smuggling or circumvention of 
the Combat Methamphetamine Epidemic Act of 2005 (Public Law 
109–177, title VII, 120 Stat. 256). 
(3) AVAILABILITY OF ANALYSIS.—The Commissioner shall ensure 
that the analysis described in paragraph (1) is made available in a 
timely manner to the Secretary of State to facilitate the Secretary in 
fulfilling the Secretary’s reporting requirements in section 722 of the 
Combat Methamphetamine Epidemic Act of 2005 (Public Law 109– 
177, title VII, 120 Stat. 268). 
§ 10917. Polygraph and background examinations for law 
enforcement personnel of U.S. Customs and Bor-
der Protection 
(a) IN GENERAL.—The Secretary shall ensure that— 
(1) all applicants for law enforcement positions with U.S. Customs 
and Border Protection (except as provided in subsection (b)) receive 
polygraph examinations before being hired for a position; and 
(2) U.S. Customs and Border Protection initiates all periodic back-
ground reinvestigations for all law enforcement personnel of U.S. Cus-
toms and Border Protection who should receive periodic background re-
investigations pursuant to relevant policies of U.S. Customs and Bor-
der Protection in effect on January 3, 2011. 
(b) WAIVER.—The Commissioner of U.S. Customs and Border Protection 
may waive the polygraph examination requirement under subsection (a)(1) 
for any applicant who— 
(1) is considered suitable for employment; 
(2) holds a current, active Top Secret/Sensitive Compartmented In-
formation Clearance; 
(3) has a current Single Scope Background Investigation; 
(4) was not granted any waivers to obtain his or her clearance; and 
(5) is a veteran (as defined in section 2108 of title 5). 
§ 10918. Fees authorized for Advanced Training Center 
U.S. Customs and Border Protection’s Advanced Training Center may 
charge fees for a service and/or thing of value it provides to Federal Govern-
ment or non-government entities or individuals, so long as the fees charged 
do not exceed the full costs associated with the service or thing of value pro-
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vided. Notwithstanding 31 U.S.C. 3302(b), fees collected by the Advanced 
Training Center— 
(1) shall be deposited in a separate account entitled ‘‘Advanced 
Training Center Revolving Fund; 
(2) are available, without further appropriations, for necessary ex-
penses of the Advanced Training Center program; and 
(3) remain available until expended. 
§ 10919. Border security metrics 
(a) DEFINITIONS.—In this section: 
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘‘appro-
priate congressional committees’’ means— 
(A) the Committee on Homeland Security and Governmental 
Affairs of the Senate; and 
(B) the Committee on Homeland Security of the House of Rep-
resentatives. 
(2) CONSEQUENCE DELIVERY SYSTEM.—The term ‘‘Consequence De-
livery System’’ means the series of consequences applied by the U.S. 
Border Patrol in collaboration with other Federal agencies to individ-
uals unlawfully entering the United States, to prevent unlawful border 
crossing recidivism. 
(3) GOT AWAY.—The term ‘‘got away’’ means an unlawful border 
crosser who— 
(A) is directly or indirectly observed making an unlawful entry 
into the United States; 
(B) is not apprehended; and 
(C) is not a turn back. 
(4) KNOWN MARITIME MIGRANT FLOW.—The term ‘‘known maritime 
migrant flow’’ means the sum of the number of undocumented mi-
grants— 
(A) interdicted in the waters over which the United States has 
jurisdiction; 
(B) identified at sea either directly or indirectly, but not inter-
dicted; or 
(C) if not described in subparagraph (A) or (B), who were oth-
erwise reported, with a significant degree of certainty, as having 
entered, or attempted to enter, the United States through the 
maritime border. 
(5) MAJOR VIOLATOR.—The term ‘‘major violator’’ means a person 
or entity that has engaged in serious criminal activities at any land, 
air, or sea port of entry, including the following: 
(A) Possession of illicit drugs. 
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(B) Smuggling of prohibited products. 
(C) Human smuggling. 
(D) Possession of illegal weapons. 
(E) Use of fraudulent documents. 
(F) Any other offense that is serious enough to result in an ar-
rest. 
(6) SITUATIONAL AWARENESS.—The term ‘‘situational awareness’’ 
means knowledge and understanding of current unlawful cross-border 
activity, including the following: 
(A) Threats and trends concerning illicit trafficking and unlaw-
ful crossings. 
(B) The ability to forecast future shifts in those threats and 
trends. 
(C) The ability to evaluate those threats and trends at a level 
sufficient to create actionable plans. 
(D) The operational capability to conduct persistent and inte-
grated surveillance of the international borders of the United 
States. 
(7) TRANSIT ZONE.—The term ‘‘transit zone’’ means the sea cor-
ridors of the western Atlantic Ocean, the Gulf of Mexico, the Caribbean 
Sea, and the eastern Pacific Ocean through which undocumented mi-
grants and illicit drugs transit, either directly or indirectly, to the 
United States. 
(8) TURN BACK.—The term ‘‘turn back’’ means an unlawful border 
crosser who, after making an unlawful entry into the United States, 
responds to United States enforcement efforts by returning promptly 
to the country from which the crosser entered. 
(9) UNLAWFUL
BORDER
CROSSING
EFFECTIVENESS
RATE.—The 
term ‘‘unlawful border crossing effectiveness rate’’ means the percent-
age that results from dividing the number of apprehensions and turn 
backs by the sum of the number of apprehensions, estimated unde-
tected unlawful entries, turn backs, and got aways. 
(10) UNLAWFUL ENTRY.—The term ‘‘unlawful entry’’ means an un-
lawful border crosser who enters the United States and is not appre-
hended by a border security component of the Department. 
(b) METRICS
FOR
SECURING
THE
BORDER
BETWEEN
PORTS
OF 
ENTRY.— 
(1) IN GENERAL.—Not later than 180 days after December 23, 
2016, the Secretary shall develop metrics, informed by situational 
awareness, to measure the effectiveness of security between ports of 
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entry. The Secretary shall annually implement the metrics developed 
under this subsection, which shall include the following: 
(A) Estimates, using alternative methodologies where appro-
priate, including recidivism data, survey data, known-flow data, 
and technologically measured data, of the following: 
(i) The rate of apprehension of attempted unlawful border 
crossers. 
(ii) The number of detected unlawful entries. 
(iii) The number of estimated undetected unlawful entries. 
(iv) Turn backs. 
(v) Got aways. 
(B) A measurement of situational awareness achieved in each 
U.S. Border Patrol sector. 
(C) An unlawful border crossing effectiveness rate in each U.S. 
Border Patrol sector. 
(D) A probability of detection rate, which compares the esti-
mated total unlawful border crossing attempts not detected by 
U.S. Border Patrol to the unlawful border crossing effectiveness 
rate under subparagraph (C), as informed by subparagraph (A). 
(E) The number of apprehensions in each U.S. Border Patrol 
sector. 
(F) The number of apprehensions of unaccompanied alien chil-
dren, and the nationality of the children, in each U.S. Border Pa-
trol sector. 
(G) The number of apprehensions of family units, and the na-
tionality of the family units, in each U.S. Border Patrol sector. 
(H) An illicit drugs seizure rate for drugs seized by the U.S. 
Border Patrol between ports of entry, which compares the ratio 
of the amount and type of illicit drugs seized between ports of 
entry in any fiscal year to the average of the amount and type of 
illicit drugs seized between ports of entry in the immediately pre-
ceding 5 fiscal years. 
(I) Estimates of the impact of the Consequence Delivery System 
on the rate of recidivism of unlawful border crossers over multiple 
fiscal years. 
(J) An examination of each consequence under the Consequence 
Delivery System referred to in subparagraph (I), including the fol-
lowing: 
(i) Voluntary return. 
(ii) Warrant of arrest or notice to appear. 
(iii) Expedited removal. 
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(iv) Reinstatement of removal. 
(v) Alien transfer exit program. 
(vi) Criminal consequence program. 
(vii) Standard prosecution. 
(viii) Operation Against Smugglers Initiative on Safety and 
Security. 
(2) METRICS CONSULTATION.—To ensure that authoritative data 
sources are utilized in the development of the metrics described in 
paragraph (1), the Secretary shall— 
(A) consult with the heads of the appropriate components of the 
Department; and 
(B) where appropriate, consult with the heads of other agencies, 
including the Office of Refugee Resettlement of the Department 
of Health and Human Services and the Executive Office for Immi-
gration Review of the Department of Justice. 
(3) MANNER OF COLLECTION.—The data collected to inform the 
metrics developed in accordance with paragraph (1) shall be collected 
and reported in a consistent and standardized manner across all U.S. 
Border Patrol sectors, informed by situational awareness. 
(c) METRICS FOR SECURING THE BORDER AT PORTS OF ENTRY.— 
(1) IN GENERAL.— Not later than 180 days after December 23, 
2016, the Secretary shall develop metrics, informed by situational 
awareness, to measure the effectiveness of security at ports of entry. 
The Secretary shall annually implement the metrics developed under 
this subsection, which shall include the following: 
(A) Estimates, using alternative methodologies where appro-
priate, including recidivism data, survey data, and randomized sec-
ondary screening data, of the following: 
(i) Total inadmissible travelers who attempt to, or success-
fully, enter the United States at a port of entry. 
(ii) The rate of refusals and interdictions for travelers who 
attempt to, or successfully, enter the United States at a port 
of entry. 
(iii) The number of unlawful entries at a port of entry. 
(B) The amount and type of illicit drugs seized by the Office 
of Field Operations of U.S. Customs and Border Protection at 
ports of entry during the previous fiscal year. 
(C) An illicit drugs seizure rate for drugs seized by the Office 
of Field Operations, which compares the ratio of the amount and 
type of illicit drugs seized by the Office of Field Operations in any 
fiscal year to the average of the amount and type of illicit drugs 
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(2) METRICS CONSULTATION.—To ensure that authoritative data 
sources are utilized in the development of the metrics described in 
paragraph (1), the Secretary shall— 
(A) consult with the heads of the appropriate components of the 
Department; and 
(B) where appropriate, work with heads of other appropriate 
agencies, including the Office of Refugee Resettlement of the De-
partment of Health and Human Services and the Executive Office 
for Immigration Review of the Department of Justice. 
(3) MANNER OF COLLECTION.—The data collected to inform the 
metrics developed in accordance with paragraph (1) shall be collected 
and reported in a consistent and standardized manner across all United 
States ports of entry, informed by situational awareness. 
(d) METRICS FOR SECURING THE MARITIME BORDER.— 
(1) IN GENERAL.— Not later than 180 days after December 23, 
2016, the Secretary shall develop metrics, informed by situational 
awareness, to measure the effectiveness of security in the maritime en-
vironment. The Secretary shall annually implement the metrics devel-
oped under this subsection, which shall include the following: 
(A) Situational awareness achieved in the maritime environ-
ment. 
(B) A known maritime migrant flow rate. 
(C) An illicit drugs removal rate for drugs removed inside and 
outside of a transit zone, which compares the amount and type of 
illicit drugs removed, including drugs abandoned at sea, by the 
maritime security components of the Department of Homeland Se-
curity in any fiscal year to the average of the amount and type 
of illicit drugs removed by the maritime components for the imme-
diately preceding 5 fiscal years. 
(D) In consultation with the heads of the Office of National 
Drug Control Policy and the United States Southern Command, 
a cocaine removal effectiveness rate for cocaine removed inside a 
transit zone and outside a transit zone, which compares the 
amount of cocaine removed by the maritime security components 
of the Department of Homeland Security to the total documented 
cocaine flow rate, as contained in Federal drug databases. 
(E) A response rate, which compares the ability of the maritime 
security components of the Department of Homeland Security to 
respond to and resolve known maritime threats, whether inside or 
outside a transit zone, by placing assets on-scene, to the total 
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number of events with respect to which the Department has 
known threat information. 
(F) An intergovernmental response rate, which compares the 
ability of the maritime security components of the Department or 
other United States Government entities to respond to and resolve 
actionable maritime threats, whether inside or outside a transit 
zone, with the number of those threats detected. 
(2) METRICS CONSULTATION.—To ensure that authoritative data 
sources are utilized in the development of the metrics described in 
paragraph (1), the Secretary shall— 
(A) consult with the heads of the appropriate components of the 
Department; and 
(B) where appropriate, work with the heads of other agencies, 
including the Drug Enforcement Agency, the Department of De-
fense, and the Department of Justice. 
(3) METHODS OF COLLECTION.—The data used by the Secretary 
shall be collected and reported in a consistent and standardized manner 
by the maritime security components of the Department, informed by 
situational awareness. 
(e) AIR AND MARINE SECURITY METRICS IN THE LAND DOMAIN.— 
(1) IN GENERAL.—Not later than 180 days after December 23, 
2016, the Secretary shall develop metrics, informed by situational 
awareness, to measure the effectiveness of the aviation assets and oper-
ations of Air and Marine Operations of U.S. Customs and Border Pro-
tection. The Secretary shall annually implement the metrics developed 
under this subsection, which shall include the following: 
(A) A flight hour effectiveness rate, which compares Air and 
Marine Operations flight hours requirements to the number of 
flight hours flown by Air and Marine Operations. 
(B) A funded flight hour effectiveness rate, which compares the 
number of funded flight hours appropriated to Air and Marine Op-
erations to the number of actual flight hours flown by Air and Ma-
rine Operations. 
(C) A readiness rate, which compares the number of aviation 
missions flown by Air and Marine Operations to the number of 
aviation missions cancelled by Air and Marine Operations due to 
maintenance, operations, or other causes. 
(D) The number of missions cancelled by Air and Marine Oper-
ations due to weather compared to the total planned missions. 
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(E) The number of individuals detected by Air and Marine Op-
erations through the use of unmanned aerial systems and manned 
aircraft. 
(F) The number of apprehensions assisted by Air and Marine 
Operations through the use of unmanned aerial systems and 
manned aircraft. 
(G) The number and quantity of illicit drug seizures assisted by 
Air and Marine Operations through the use of unmanned aerial 
systems and manned aircraft. 
(H) The number of times that actionable intelligence related to 
border security was obtained through the use of unmanned aerial 
systems and manned aircraft. 
(2) METRICS CONSULTATION.—To ensure that authoritative data 
sources are utilized in the development of the metrics described in 
paragraph (1), the Secretary shall— 
(A) consult with the heads of the appropriate components of the 
Department; and 
(B) as appropriate, work with the heads of other departments 
and agencies, including the Department of Justice. 
(3) MANNER OF COLLECTION.—The data collected to inform the 
metrics developed in accordance with paragraph (1) shall be collected 
and reported in a consistent and standardized manner by Air and Ma-
rine Operations, informed by situational awareness. 
(f) DATA TRANSPARENCY.—The Secretary shall— 
(1) in accordance with applicable privacy laws, make data relating 
to apprehensions, inadmissible aliens, drug seizures, and other enforce-
ment actions available to the public, law enforcement communities, and 
academic research communities; and 
(2) provide the Office of Immigration Statistics of the Department 
with unfettered access to the data referred to in paragraph (1). 
(g) EVALUATIONS BY GOVERNMENT ACCOUNTABILITY OFFICE AND SEC-
RETARY.— 
(1) METRIC REPORT.— 
(A) MANDATORY DISCLOSURES.—The Secretary shall submit to 
the appropriate congressional committees and the Comptroller 
General an annual report containing the metrics required under 
this section and the data and methodology used to develop the 
metrics. 
(B) PERMISSIBLE DISCLOSURES.—The Secretary, for the pur-
pose of validation and verification, may submit the annual report 
described in subparagraph (A) to— 
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(i) the Center for Borders, Trade, and Immigration Re-
search of the Centers of Excellence network of the Depart-
ment; 
(ii) the head of a national laboratory in the Department 
laboratory network with prior expertise in border security; 
and 
(iii) a federally funded research and development center. 
(2) GOVERNMENT
ACCOUNTABILITY
OFFICE
REPORT.—Not later 
than 270 days after receiving the first report under paragraph (1)(A) 
and biennially thereafter for the following 10 years with respect to 
every other report, the Comptroller General shall submit to the appro-
priate congressional committees a report that— 
(A) analyzes the suitability and statistical validity of the data 
and methodology contained in each report; and 
(B) includes recommendations on— 
(i) the feasibility of other suitable metrics that may be used 
to measure the effectiveness of border security; and 
(ii) improvements that need to be made to the metrics 
being used to measure the effectiveness of border security. 
(3) STATE OF THE BORDER REPORT.—Not later than 60 days after 
the end of each fiscal year through fiscal year 2026, the Secretary shall 
submit to the appropriate congressional committees a State of the Bor-
der report that— 
(A) provides trends for each metric under this section for the 
last 10 fiscal years, to the greatest extent possible; 
(B) provides selected analysis into related aspects of illegal flow 
rates, including undocumented migrant flows and stock estimation 
techniques; 
(C) provides selected analysis into related aspects of legal flow 
rates; and 
(D) includes any other information that the Secretary deter-
mines appropriate. 
(4) METRICS UPDATE.— 
(A) IN
GENERAL.—After submitting the 10th report to the 
Comptroller General under paragraph (1), the Secretary may re-
evaluate and update any of the metrics developed in accordance 
with this section to ensure that the metrics are suitable to meas-
ure the effectiveness of border security. 
(B) CONGRESSIONAL NOTIFICATION.—Not later than 30 days 
before updating the metrics pursuant to subparagraph (A), the 
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