(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Reports on current border security status. 
Sec. 3. Operational control of the border. 
Sec. 4. Establishment of Border Security Verification Commission. 
Sec. 5. Required consequence. 
Sec. 6. 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 activi-
ties. 
Sec. 17. Reimbursement of States for deployment of National Guard to the 
southern border. 
Sec. 18. Definitions. 
Sec. 19. Authorization of appropriations. 
SEC. 2. REPORTS ON CURRENT BORDER SECURITY STATUS. 
(a) IN GENERAL.— 
(1) REPORTS.—The Secretary of Homeland Se-
curity shall submit to the appropriate congressional 
committees, the Border Security Verification Com-
mission (BSVC), and the Government Accountability 
Office reports that assess and describe the state of 
situational awareness and operational control along 
the northern and southern borders of the United 
States. Such reports shall include an identification 
of the high traffic areas and the unlawful border 
crossing effectiveness rate for each sector along the 
northern and southern borders of the United States 
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that are within the responsibility of the Border Pa-
trol. 
(2) DEADLINES.—The reports required under 
paragraph (1) shall be submitted as follows: 
(A) The first such report shall be sub-
mitted by not later than 30 days after the date 
of the enactment of this Act. 
(B) During the two-year period beginning 
on the date of the submission of such first re-
port, such reports shall be submitted every 180 
days. 
(C) During the period beginning on the 
date that is 180 days after the date of the sub-
mission of last report under subparagraph (B), 
such reports shall be submitted every 360 days. 
(b) GAO REPORT.—Not later than 90 days after re-
ceiving the initial report required under subsection (a), the 
Comptroller General of the United States shall report to 
the appropriate congressional committees and the BSVC 
regarding the verification of the data and methodology 
used to determine high traffic areas and the unlawful bor-
der crossing effectiveness rate. 
SEC. 3. OPERATIONAL CONTROL OF THE BORDER. 
(a) SECURING
THE BORDER.—The Secretary of 
Homeland Security shall gain and maintain situational 
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awareness, and operational control of high traffic areas, 
by the date that is not later than two years after the date 
of the enactment of this Act, and operational control and 
situational awareness along the southern land border of 
the United States by the date that is not later than five 
years after such date of enactment. 
(b) REQUIRED
CAPABILITY
DEPLOYMENT.—The 
Secretary of Homeland Security, acting through the ap-
propriate component of the Department of Homeland Se-
curity, shall, at a minimum, deploy to each sector or re-
gion, as the case may be, of the southern border, in a 
prioritized, risk-based manner to achieve situational 
awareness and operational control of the border the fol-
lowing additional capabilities: 
(1) SAN DIEGO SECTOR.—For the San Diego 
sector, the following: 
(A) Subterranean surveillance and detec-
tion technologies. 
(B) To increase coastal maritime domain 
awareness, the following: 
(i) Deployable, lighter than air surface 
surveillance equipment. 
(ii) Unmanned aerial vehicles with 
maritime surveillance capability. 
(iii) Maritime patrol aircraft. 
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(iv) Coastal radar surveillance sys-
tems. 
(v) Maritime signals intelligence capa-
bilities. 
(C) Ultralight aircraft detection capabili-
ties. 
(D) Advanced unattended surveillance sen-
sors. 
(2) EL CENTRO SECTOR.—For the El Centro 
sector, the following: 
(A) Tower-based surveillance technology. 
(B) Deployable, lighter than air ground 
surveillance equipment. 
(C) Man-portable unmanned aerial vehi-
cles. 
(D) Ultralight aircraft detection capabili-
ties. 
(E) Advanced unattended surveillance sen-
sors. 
(3) YUMA SECTOR.—For the Yuma sector, the 
following: 
(A) Tower-based surveillance technology. 
(B) Mobile vehicle-mounted and man-port-
able surveillance systems. 
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(C) Deployable, lighter-than-air ground 
surveillance equipment. 
(D) Ultralight aircraft detection capabili-
ties. 
(E) Advanced unattended surveillance sen-
sors. 
(4) TUCSON SECTOR.—For the Tucson sector, 
the following: 
(A) Increased flight hours for aerial detec-
tion, interdiction, and monitoring operations ca-
pability. 
(B) Man-portable unmanned aerial vehi-
cles. 
(C) Tower-based surveillance technology. 
(D) Ultralight aircraft detection capabili-
ties. 
(E) Advanced unattended surveillance sen-
sors. 
(F) Deployable, lighter than air ground 
surveillance equipment. 
(5) EL PASO SECTOR.—For the El Paso sector, 
the following: 
(A) Tower-based surveillance technology. 
(B) Ultralight aircraft detection capabili-
ties. 
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(C) Advanced unattended surveillance sen-
sors. 
(D) Mobile vehicle-mounted and man-port-
able surveillance systems. 
(E) Deployable, lighter than air ground 
surveillance equipment. 
(6) BIG BEND SECTOR.—For the Big Bend sec-
tor, the following: 
(A) Tower-based surveillance technology. 
(B) Deployable, lighter than air ground 
surveillance equipment. 
(C) Improved agent communications capa-
bilities. 
(D) Ultralight aircraft detection capabili-
ties. 
(E) Advanced unattended surveillance sen-
sors. 
(7) DEL RIO SECTOR.—For the Del Rio sector, 
the following: 
(A) Increased monitoring for cross-river 
dams, culverts, and footpaths. 
(B) Improved communications capabilities. 
(C) Improved maritime capabilities in the 
Amistad Recreation Area. 
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(D) Advanced unattended surveillance sen-
sors. 
(8) LAREDO SECTOR.—For the Laredo sector, 
the following: 
(A) Maritime detection resources for Fal-
con Lake region. 
(B) Increased flight hours for aerial detec-
tion, interdiction, and monitoring operations ca-
pability. 
(C) Increased monitoring for cross-river 
dams, culverts, and footpaths. 
(D) Ultralight aircraft detection capability. 
(E) Advanced unattended surveillance sen-
sors. 
(9) RIO GRANDE VALLEY SECTOR.—For the Rio 
Grande Valley sector, the following: 
(A) Deployable, lighter than air ground 
surveillance equipment. 
(B) Increased flight hours for aerial detec-
tion, interdiction and monitoring operations ca-
pability. 
(C) Ultralight aircraft detection capability. 
(D) Advanced unattended surveillance sen-
sors. 
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(E) Increased monitoring for cross-river 
dams, culverts, footpaths. 
(10) EASTERN
PACIFIC
MARITIME
REGION.— 
For the Eastern Pacific Maritime region, the fol-
lowing: 
(A) Increased cutter and boat hours and 
operation platforms to conduct interdiction op-
erations. 
(B) Increased maritime signals intelligence 
capabilities. 
(C) To increase maritime domain aware-
ness, the following: 
(i) Deployable, lighter than air surface 
surveillance equipment. 
(ii) Unmanned aerial vehicles with 
maritime surveillance capability. 
(iii) Increased maritime aviation pa-
trol hours. 
(iv) Coastal radar surveillance sys-
tems. 
(D) Increased operational hours for mari-
time security components dedicated to joint 
counter-smuggling and interdiction efforts with 
other Federal agencies, including the Joint 
Interagency Task Forces, and the United 
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States Coast Guard Deployable Law Enforce-
ment Teams. 
(11) CARIBBEAN
AND
GULF
MARITIME
RE-
GION.—For the Caribbean and Gulf Maritime re-
gion, the following: 
(A) Increased cutter and boat hours and 
operation platforms to conduct interdiction op-
erations. 
(B) Increased maritime signals intelligence 
capabilities. 
(C) Increased maritime domain awareness 
and surveillance capabilities, including the fol-
lowing: 
(i) Deployable, lighter than air surface 
surveillance equipment. 
(ii) Unmanned aerial vehicles with 
maritime surveillance capability. 
(iii) Increased maritime aviation pa-
trol hours. 
(iv) Coastal radar surveillance sys-
tems. 
(D) Increased operational hours for mari-
time security components dedicated to joint 
counter-smuggling and interdiction efforts with 
other Federal agencies, including the Joint 
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Interagency Task Forces, and the United 
States Coast Guard Tactical Law Enforcement 
Teams. 
(c) FENCING AND INFRASTRUCTURE.— 
(1) NEW FENCING.—Not later than 18 months 
after the date of the enactment of this Act, the Sec-
retary of Homeland Security shall construct, at a 
minimum, each of the following: 
(A) Seven miles of double layer fencing in 
the Border Patrol’s San Diego sector in addi-
tion to such fencing in existence as of the date 
of the enactment of this Act. 
(B) Ten miles of double layer pedestrian 
fencing in the Border Patrol’s Tucson sector in 
addition to such fencing in existence as of the 
date of the enactment of this Act. 
(C) Ten miles of double layer pedestrian 
fencing in the Border Patrol’s Rio Grande Val-
ley sector in addition to such fencing in exist-
ence as of the date of the enactment of this 
Act. 
(2) FENCE REPAIR AND REPLACEMENT.—Not 
later than 18 months after the date of the enact-
ment of this Act, the Secretary of Homeland Secu-
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rity shall replace, at a minimum, each of the fol-
lowing: 
(A) Thirty-one miles of landing mat fenc-
ing with bollard style fencing in the Border Pa-
trol’s San Diego sector. 
(B) Five miles of landing mat fencing with 
bollard style fencing in the Border Patrol’s El 
Centro sector. 
(C) Three miles of landing mat fencing 
with bollard style fencing in the Border Patrol’s 
Yuma sector. 
(D) Twenty-five miles of landing mat fenc-
ing with bollard style fencing in the Border Pa-
trol’s Tucson sector. 
(E) Two miles of landing mat fencing with 
bollard style fencing in the Border Patrol’s El 
Paso sector. 
(3) ROAD CONSTRUCTION.—Not later than 18 
months after the date of the enactment of this Act, 
the Secretary of Homeland Security shall complete, 
at a minimum, each of the following road construc-
tion projects to allow greater access for the Border 
Patrol: 
(A) Seven miles of road construction in the 
Border Patrol’s San Diego sector. 
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(B) Ten miles of road construction in the 
Border Patrol’s El Centro sector. 
(C) Sixteen miles of road construction in 
the Border Patrol’s Yuma sector. 
(D) Fifty-four miles of road construction 
in the Border Patrol’s Tucson sector. 
(E) One hundred ninety-two miles of road 
construction in the Border Patrol’s Big Bend 
sector. 
(F) Two miles of road construction in the 
Border Patrol’s El Paso sector. 
(G) Forty-two miles of road construction 
in the Border Patrol’s Del Rio sector. 
(H) Sixty-five miles of road construction in 
the Border Patrol’s Laredo sector. 
(I) Fifteen miles of road construction in 
the Border Patrol’s Rio Grande Valley sector. 
(4) ROAD MAINTENANCE.—Not later than 18 
months after the date of the enactment of this Act, 
the Secretary of Homeland Security shall complete, 
at a minimum, each of the following: 
(A) Thirty-seven miles of road mainte-
nance in the Border Patrol’s San Diego sector. 
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(B) One thousand two hundred miles of 
road maintenance in the Border Patrol’s Del 
Rio sector. 
(C) Twenty-six miles of road maintenance 
in the Border Patrol’s Laredo sector. 
(D) Ninety-four miles of road maintenance 
in the Border Patrol’s Rio Grande Valley sec-
tor. 
(5) NEW VEHICLE FENCE.—Not later than one 
year after the date of the enactment of this Act, the 
Secretary of Homeland Security shall complete six 
miles of vehicle fencing in the Border Patrol’s Big 
Bend sector in addition to such fencing in existence 
of as of the date of the enactment of this Act. 
(6) VEHICLE FENCE REPLACEMENT.—Not later 
than one year after the date of the enactment of this 
Act, the Secretary of Homeland Security shall re-
place five miles of vehicle fencing with new vehicle 
fencing in the Border Patrol’s Tucson sector in addi-
tion to such fencing in existence as of the date of 
the enactment of this Act. 
(7) BOAT
RAMPS.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary of Homeland Security shall complete, at a 
minimum, the construction of each of the following: 
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(A) Eight boat ramps in the Border Pa-
trol’s Del Rio sector in addition to such ramps 
in existence as of the date of the enactment of 
this Act. 
(B) One boat ramp in the Border Patrol’s 
Laredo sector in addition to such ramps in ex-
istence as of the date of the enactment of this 
Act. 
(C) Twenty-one boat ramps in the Border 
Patrol’s Rio Grande Valley sector in addition to 
such ramps in existence as of the date of the 
enactment of this Act. 
(8) ACCESS GATES.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary of Homeland Security shall construct 34 ac-
cess gates in the Border Patrol’s Rio Grande Valley 
sector in addition to such gates in existence as of 
the date of the enactment of this Act. 
(9) FORWARD
OPERATING
BASES.—Not later 
than one year after the date of enactment of this 
Act, the Secretary of Homeland Security shall com-
plete, at a minimum, construction of each of the fol-
lowing: 
(A) One forward operating base in the 
Border Patrol’s El Paso sector in addition to 
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such bases in existence as of the date of the en-
actment of this Act. 
(B) Two forward operating bases in the 
Border Patrol’s Tucson sector in addition to 
such bases in existence as of the date of the en-
actment of this Act. 
(C) Three forward operating bases in the 
Border Patrol’s Big Bend sector in addition to 
such bases in existence as of the date of the en-
actment of this Act. 
(D) Two forward operating bases in the 
Border Patrol’s Del Rio sector in addition to 
such bases in existence as of the date of the en-
actment of this Act. 
(E) Two forward operating bases in the 
Border Patrol’s Laredo sector in addition to 
such bases in existence as of the date of the en-
actment of this Act. 
(F) Two forward operating bases in the 
Border Patrol’s Rio Grande Valley sector in ad-
dition to such bases in existence as of the date 
of the enactment of this Act. 
(10) ROADS.—The roads referred to in para-
graphs (3) and (4) shall include border roads, patrol 
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roads, access roads, and Federal, State, local, and 
privately owned roads. 
(11) MINIMUM FORWARD OPERATING BASE RE-
QUIREMENTS.—The forward operating bases re-
ferred to in paragraph (9) shall be equipped with 
each of the following: 
(A) Perimeter security. 
(B) Temporary detention space. 
(C) An interview room. 
(D) Water. 
(E) Power. 
(F) Adequate communications, including 
local area network connectivity. 
(G) Helicopter landing zone. 
(d) CARRIZO CANE ERADICATION.— 
(1) FINDINGS.—Congress makes the following 
findings: 
(A) Carrizo cane is a non-native, invasive 
plant growing along the Rio Grande River in 
Texas, with heights of up to 27 feet tall. 
(B) According to U.S. Customs and Bor-
der Protection, ‘‘the [Carrizo cane] plant causes 
serious officer safety issues and operational 
concerns because it hampers enforcement along 
the [Rio Grande] river. The plant also provides 
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concealment to criminals, drug smugglers, ille-
gal aliens, and potential terrorists who could 
use it as an advantage to enter the Unites 
States illegally. The obvious officer safety haz-
ards created by this situation are of grave con-
cern to the Border Patrol and need to be rem-
edied’’. 
(2) ERADICATION.—The Chief of the Border 
Patrol shall coordinate with the heads of each rel-
evant Federal and State agency to eradicate, to the 
greatest extent practicable, the Carrizo cane plant 
along the Rio Grande River. 
(e) CONSULTATION.—The Secretary of Homeland Se-
curity shall consult with the governors of each southern 
border State, including southern border maritime States, 
representatives of the Border Patrol and U.S. Customs 
and Border Protection, and relevant Federal, State, local, 
and tribal agencies that have jurisdiction on the southern 
border, or in the maritime environment, to develop the 
operational plan required under subsection (f) and the 
metrics required under subsections (h), (i), (j), and (k). 
(f) OPERATIONAL PLAN.— 
(1) IN
GENERAL.—Not later than 120 days 
after the date of the enactment of this Act, the Sec-
retary of Homeland Security shall submit to the ap-
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propriate congressional committees, the BSVC, and 
the Comptroller General of the United States a com-
prehensive operational plan for each of the compo-
nents of the Department of Homeland Security re-
sponsible for border or maritime security to gain and 
maintain situational awareness, operational control 
of high traffic areas, and operational control along 
the southern land border of the United States by the 
dates, respectively, referred to in subsection (a). 
(2) CONTENTS OF PLAN.—The plan required 
under paragraph (1) shall include the following: 
(A) An assessment of principal border se-
curity threats, including threats relating to the 
smuggling and trafficking of humans, weapons, 
and illicit drugs. 
(B) A description of the required capability 
deployment under subsection (b). 
(C) A plan to analyze and disseminate bor-
der security and border threat information 
among the border security components of the 
Department of Homeland Security, and be-
tween the Department and other appropriate 
Federal departments and agencies with mis-
sions associated with the border. 
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(D) A plan to achieve situational aware-
ness using the capabilities deployed under sub-
section (b). 
(E) A plan to ensure that any new border 
security assets will be operationally integrated 
with assets in use by the Department of Home-
land Security as of the date of the enactment 
of this Act. 
(F) A plan to eradicate the Carrizo cane 
plant, as required under subsection (d). 
(G) 
Lessons 
learned 
from 
Operation 
Jumpstart and Operation Phalanx. 
(H) A description of border security infor-
mation received from consultation with border 
community stakeholders, including representa-
tives from agricultural and ranching organiza-
tions and business and civic organizations along 
the northern or southern border. 
(I) A description of the staffing require-
ments for all border security functions of the 
border security components of the Department 
of Homeland Security. 
(J) A prioritized list of research and devel-
opment objectives to enhance the security of the 
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international land and maritime borders of the 
United States. 
(K) An assessment of the relationship be-
tween border security operations and crossing 
times. 
(L) Metrics required under subsections (h), 
(i), (j), and (k). 
(M) An integrated master schedule and 
cost estimate, including lifecycle costs, for the 
activities contained in such operational plan. 
(N) A documented justification and ration-
ale for technology choices. 
(O) Deployment locations. 
(P) A timetable for procurement and de-
ployment. 
(Q) Estimates of operation and mainte-
nance costs. 
(R) An identification of any impediments 
to the deployment of such technologies. 
(3) CLASSIFIED ASSESSMENT.—The assessment 
required to be included in the report under para-
graph (2)(A) may be submitted in classified form, if 
the Secretary of Homeland Security determines that 
such is appropriate. 
(4) IMPLEMENTATION.— 
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(A) 
IN
GENERAL.—The 
Secretary 
of 
Homeland Security shall commence the imple-
mentation of the operational plan under para-
graph (1) not later than 30 days after the sub-
mission to the appropriate congressional com-
mittees of the report by the Comptroller Gen-
eral of the United States under subparagraph 
(C). 
(B) COMPTROLLER
GENERAL
REVIEW.— 
Not later than 90 days after receiving the oper-
ational plan under paragraph (1), the Comp-
troller General of the United States shall sub-
mit to the appropriate congressional committees 
and the BSVC a report on the operational plan 
required under paragraph (1) and such congres-
sional justification. 
(g) PERIODIC UPDATES.—Not later than 180 days 
after the submission of each Quadrennial Homeland Secu-
rity Review required under section 707 of the Homeland 
Security Act of 2002 (6 U.S.C. 347) beginning with the 
first such Review that is due after the operational plan 
is submitted under subsection (f), the Secretary of Home-
land Security shall submit to the appropriate congres-
sional committees, the BSVC, and the Comptroller Gen-
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eral of the United States an updated operational plan 
under paragraph (1) of subsection (f). 
(h) METRICS FOR SECURING THE BORDER BETWEEN 
PORTS OF ENTRY.— 
(1) IN
GENERAL.—Not later than 120 days 
after the date of the enactment of this Act and an 
annually thereafter, the Chief of the Border Patrol 
shall develop metrics, informed by situational aware-
ness, to measure the effectiveness of security be-
tween ports of entry, which shall include, at a min-
imum, the following: 
(A) An unlawful border crossing effective-
ness rate, informed by situational awareness. 
(B) A probability of detection that meas-
ures the estimated total unlawful border cross-
ing attempts not detected by the Border Patrol 
against the unlawful border crossing effective-
ness rate referred to in subparagraph (A). 
(C) A weight-to-frequency rate which 
measures the average weight of marijuana 
seized per seizure by the Border Patrol in any 
fiscal year compared to such a weight-to-fre-
quency rate for the immediately preceding five 
fiscal years. 
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(D) A situational awareness achievement 
metric that measures the amount of situational 
awareness achieved in each Border Patrol sec-
tor. 
(E) An illicit drugs seizure rate which 
measures the amount and type of illicit drugs 
seized by the Border Patrol in any fiscal year 
compared to an average of the amount and type 
of illicit drugs seized by the Border Patrol for 
the immediately preceding five fiscal years. 
(F) In consultation the Office of National 
Drug Control Policy and the United States 
Southern Command, a cocaine seizure effective-
ness rate measured as a percentage that results 
from dividing the amount of cocaine seized by 
the Border Patrol by the total documented co-
caine flow rate between ports of entry along the 
southern land border. 
(G) Estimates, using alternative meth-
odologies, including recidivism data, survey 
data, known-flow data, and technologically 
measured data, of total attempted unlawful bor-
der crossings, the rate of apprehension of at-
tempted unlawful border crossers, and the in-
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flow into the United States of unlawful border 
crossers who evade apprehension. 
(H) Estimates of the impact of the Border 
Patrol’s Consequence Delivery System on the 
rate of recidivism of unlawful border crossers. 
(2) METRICS
CONSULTATION.—In developing 
the metrics required under paragraph (1), the Chief 
of the Border Patrol shall consult with staff mem-
bers of the Office of Policy at the Department of 
Homeland Security and staff members of the Office 
of the Chief Financial Officer of the Department of 
Homeland Security. Such staff members may not be 
political appointees. 
(3) METRICS NOT REVIEWABLE.—The metrics 
required under paragraph (1) may not be reviewed 
or otherwise amended by the President, any staff 
employed by the Executive Office of the President, 
the Secretary of Homeland Security, the Deputy 
Secretary of Homeland Security, the Commissioner 
of U.S. Customs and Border Protection, or the Dep-
uty Commissioner of U.S. Customs and Border Pro-
tection before the submission of such metrics to the 
appropriate congressional committees, the BSVC, 
and Comptroller General of the United States, as re-
quired under subsection (m). The prohibition de-
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scribed in this paragraph does not apply to the Of-
fice of National Drug Control Policy. 
(i) METRICS FOR SECURING THE BORDER AT PORTS 
OF ENTRY.— 
(1) IN
GENERAL.—Not later than 120 days 
after the date of the enactment of this Act and an-
nually thereafter, the Assistant Commissioner for 
the Office of Field Operations in U.S. Customs and 
Border Protection shall develop metrics, informed by 
situational awareness, to measure the effectiveness 
of security at ports of entry, which shall include, at 
a minimum, the following: 
(A) An inadmissible border crossing rate 
which measures the number of known inadmis-
sible border crossers who are denied entry, ex-
cluding those border crossers who voluntarily 
withdraw their applications for admission, di-
vided by the total estimated number of inadmis-
sible border crossers who attempt entry. 
(B) An illicit drugs seizure rate which 
measures the amount and type of illicit drugs 
seized by the Office of Field Operations of U.S. 
Customs and Border Protection in any fiscal 
year compared to an average of the amount and 
type of illicit drugs seized by U.S. Customs and 
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Border Protection for the immediately pre-
ceding five fiscal years. 
(C) In consultation with the Office of Na-
tional Drug Control Policy and the United 
States Southern Command, a cocaine seizure 
effectiveness rate measured as a percentage 
that results from dividing the amount of co-
caine seized by the Office of Field Operations 
of U.S. Customs and Border Protection by the 
total documented cocaine flow rate at ports of 
entry along the southern land border. 
(D) Estimates, using alternative meth-
odologies, including survey data and random-
ized secondary screening data, of total at-
tempted inadmissible border crossers, the rate 
of apprehension of attempted inadmissible bor-
der crossers, and the inflow into the United 
States of inadmissible border crossers who 
evade apprehension. 
(E) The number of infractions related to 
personnel and cargo committed by major viola-
tors who are apprehended by the Office of Field 
Operations of U.S. Customs and Border Protec-
tion at ports of entry, and the estimated num-
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ber of such infractions committed by major vio-
lators who are not apprehended. 
(F) A measurement of how border security 
operations affect crossing times. 
(2) METRICS
CONSULTATION.—In developing 
the metrics required under paragraph (1), the As-
sistant Commissioner for the Office of Field Oper-
ations shall consult with staff members of the Office 
of Policy at the Department of Homeland Security 
and staff members of the Office of the Chief Finan-
cial Officer of the Department of Homeland Secu-
rity. Such staff members may not be political ap-
pointees. 
(3) METRICS NOT REVIEWABLE.—The metrics 
required under paragraph (1) may not be reviewed 
or otherwise amended by the President, any staff 
employed by the Executive Office of the President, 
the Secretary of Homeland Security, the Deputy 
Secretary of Homeland Security, the Commissioner 
of U.S. Customs and Border Protection, or the Dep-
uty Commissioner of U.S. Customs and Border Pro-
tection before the submission of such metrics to the 
appropriate congressional committees, the BSVC, 
and the Comptroller General of the United States, 
as required under subsection (m). The prohibition 
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described in this paragraph does not apply to the 
Office of National Drug Control Policy. 
(j) METRICS FOR SECURING THE MARITIME BOR-
DER.— 
(1) IN
GENERAL.—Not later than 120 days 
after the date of the enactment of this Act and an-
nually thereafter, the Commandant of the United 
States Coast Guard and the Assistant Commissioner 
for the Office of Air and Marine for U.S. Customs 
and Border Protection shall jointly implement 
metrics, informed by situational awareness, to meas-
ure the effectiveness of security in the maritime en-
vironment, which shall include, at a minimum, the 
following: 
(A) An estimate of the total number of un-
documented migrants the Department of Home-
land Security’s maritime security components 
fail to interdict. 
(B) An undocumented migrant interdiction 
rate which measures the flow of undocumented 
migrants interdicted against the total estimated 
number of undocumented migrants the Depart-
ment of Homeland Security’s maritime security 
components fail to interdict. 
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(C) An illicit drugs removal rate which 
measures the amount and type of illicit drugs 
removed by the Department of Homeland Secu-
rity’s maritime security components inside a 
transit zone in any fiscal year compared to an 
average of the amount and type of illicit drugs 
removed by the Department of Homeland Secu-
rity’s maritime security components inside a 
transit zone for the immediately preceding five 
fiscal years. 
(D) An illicit drugs removal rate which 
measures the amount and type of illicit drugs 
removed by the Department of Homeland Secu-
rity’s maritime security components outside a 
transit zone in any fiscal year compared to an 
average of the amount and type of illicit drugs 
removed by the Department of Homeland Secu-
rity’s maritime security components outside a 
transit zone for the immediately preceding five 
fiscal years. 
(E) A cocaine removal effectiveness rate 
inside a transit zone. 
(F) A cocaine removal effectiveness rate 
outside a transit zone. 
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(G) A response rate which measures the 
ability of the maritime security components of 
the Department of Homeland Security to re-
spond to and resolve known maritime threats, 
both inside and outside a transit zone, by plac-
ing assets on-scene, compared to the total num-
ber of events with respect to which the Depart-
ment has known threat information. 
(2) METRICS
CONSULTATION.—In developing 
the metrics required under paragraph (1), the Com-
mandant of the Coast Guard and the Assistant 
Commissioner for Air and Marine shall consult with 
staff members of the Office of Policy at the Depart-
ment of Homeland Security and staff members of 
the Office of the Chief Financial Officer of the De-
partment of Homeland Security. Such staff members 
may not be political appointees. 
(3) METRICS NOT REVIEWABLE.—The metrics 
required under paragraph (1) may not be reviewed 
or otherwise amended by the President, any staff 
employed by the Executive Office of the President, 
the Secretary of Homeland Security, the Deputy 
Secretary of Homeland Security, the Commissioner 
of U.S. Customs and Border Protection, or the Dep-
uty Commissioner of U.S. Customs and Border Pro-
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tection before the submission of such metrics to the 
appropriate congressional committees, the BSVC, 
and the Comptroller General of the United States, 
as required under subsection (m). The prohibition 
described in this paragraph does not apply to the 
Office of National Drug Control Policy. 
(k) AIR AND MARINE SECURITY METRICS IN THE 
LAND DOMAIN.— 
(1) IN
GENERAL.—Not later than 120 days 
after the date of the enactment of this Act and an-
nually thereafter, the Assistant Commissioner for 
the Office of Air and Marine for U.S. Customs and 
Border Protection shall implement metrics, informed 
by situational awareness, to measure the effective-
ness of security in the aviation environment, which 
shall include, at a minimum, the following: 
(A) A requirement effectiveness rate which 
measures U.S. Customs and Border Protec-
tion’s Office of Air and Marine flight hours re-
quirements against the number of flight hours 
actually flown by such Office. 
(B) A funded flight hours effectiveness 
rate which measures the number of funded 
flight hours appropriated to U.S. Customs and 
Border Protection’s Office of Air and Marine 
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against the number of actual flight hours flown 
by such Office. 
(C) A readiness rate which measures the 
number of aviation missions flown by U.S. Cus-
toms and Border Protection’s Office of Air and 
Marine against the number of aviation missions 
cancelled by such Office due to weather, main-
tenance, operations, or other causes. 
(D) The number of subjects detected by 
U.S. Customs and Border Protection’s Office of 
Air and Marine through the use of unmanned 
aerial systems. 
(E) The number of apprehensions assisted 
by U.S. Customs and Border Protection’s Of-
fice of Air and Marine through the use of un-
manned aerial systems. 
(F) The number and quantity of illicit 
drug seizures assisted by U.S. Customs and 
Border Protection’s Office of Air and Marine 
through the use of unmanned aerial systems. 
(2) METRICS
CONSULTATION.—In developing 
the metrics required under paragraph (1), the As-
sistant Commissioner for Air and Marine shall con-
sult with staff members of the Office of Policy at the 
Department of Homeland Security and staff mem-
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bers of the Office of the Chief Financial Officer of 
the Department of Homeland Security. Such staff 
members may not be political appointees. 
(3) METRICS NOT REVIEWABLE.—The metrics 
required under paragraph (1) may not be reviewed 
or otherwise amended by the President, any staff 
employed by the Executive Office of the President, 
the Secretary of Homeland Security, the Deputy 
Secretary of Homeland Security, the Commissioner 
of U.S. Customs and Border Protection, or the Dep-
uty Commissioner of U.S. Customs and Border Pro-
tection before the submission to the appropriate con-
gressional committees, the BSVC, and the Comp-
troller General of the United States, as required 
under subsection (m). The prohibition described in 
this paragraph does not apply to the Office of Na-
tional Drug Control Policy. 
(l) 
PENALTIES
FOR
FAILURE
TO
SUBMIT 
METRICS.— 
(1) IN GENERAL.—If any of the officials re-
ferred to in subsection (h), (i), (j), or (k) fail to 
meet any of the deadlines required under any of 
such subsections, no political appointee of the De-
partment of Homeland Security may perform any 
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function described in paragraph (2) until all such of-
ficials have meet all of such deadlines. 
(2) FUNCTIONS DESCRIBED.—The functions de-
scribed in this paragraph are the following: 
(A) Travel using Government aircraft. 
(B) Receipt of any non-essential training. 
(C) Receipt of bonus pay, excluding over-
time pay. 
(D) Receipt of any salary increase. 
(m) EVALUATION BY THE GOVERNMENT ACCOUNT-
ABILITY OFFICE.— 
(1) IN GENERAL.—The metrics required under 
subsections (h), (i), (j), and (k) shall be made avail-
able to the appropriate congressional committees, 
the BSVC, and the Comptroller General of the 
United States, together with the data and method-
ology used to develop such metrics. 
(2) REPORT.—Not later than 270 days after re-
ceiving the data and methodology referred to in 
paragraph (1), the Comptroller General of the 
United States shall submit to the appropriate con-
gressional committees and the BSVC a report on the 
suitability and statistical validity of such data and 
methodology, and shall make recommendations to 
the Secretary of Homeland Security for other suit-
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able metrics that may be used to measure the effec-
tiveness of border security. Such report shall inform 
the BSVC in reviewing the notifications required 
under subsection (n)(2). 
(n) BSVC CERTIFICATION OF METRICS AND OPER-
ATIONAL CONTROL.— 
(1) SECRETARY OF HOMELAND SECURITY NOTI-
FICATIONS.— 
(A) TWO
YEARS.—If the Secretary of 
Homeland Security determines that situational 
awareness and operational control of high traf-
fic areas have been achieved by the date that is 
not later than two years after the date of the 
enactment of this Act, the Secretary shall, 
under penalty of perjury, submit to the appro-
priate congressional committees and the BSVC 
a notification that so attests. 
(B) FIVE
YEARS.—If the Secretary of 
Homeland Security determines that operational 
control along the southern land border of the 
United States has been achieved by the date 
that is not later than five years after the date 
of the enactment of this Act, the Secretary 
shall, under penalty of perjury, submit to the 
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appropriate congressional committees and the 
BSVC a notification that so attests. 
(C) ANNUAL UPDATES.—Every year begin-
ning with the year after the Secretary of Home-
land Security submits the notification under 
subparagraph (B), if the Secretary determines 
that operational control along the southern land 
border of the United States is being main-
tained, the Secretary shall submit to the appro-
priate congressional committees and the BSVC 
a notification that so attests. 
(2) BSVC CERTIFICATION.— 
(A) OPERATIONAL
CONTROL
REVIEWS.— 
The BSVC shall review the notifications of the 
Secretary of Homeland Security under subpara-
graphs (A), (B), and (C) of paragraph (1) to 
assess such notifications relating to the achieve-
ment of situational awareness, operational con-
trol, or both, as the case may be, in accordance 
with such subparagraphs. 
(B) REVIEW OF METRICS.—Beginning with 
the second annual submission of each of the 
metrics required under subsection (m) and pur-
suant to subsections (h), (i), (j), and (k) and 
annually thereafter until the termination of the 
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BSVC under section 4(q), the BSVC shall re-
view such metrics to assess the statistical valid-
ity and methodology of the data used to imple-
ment such metrics. 
(C) REPORTS.— 
(i) 
OPERATIONAL
CONTROL.—Not 
later than 120 days after conducting a re-
view described in subparagraph (A), the 
BSVC shall submit to the appropriate con-
gressional committees a report on the re-
sults of each such review and a certifi-
cation of the accuracy of the notification 
reviewed, in accordance with subparagraph 
(D). 
(ii) 
OPERATIONAL
CONTROL
NOT 
ACHIEVED.—If the BSVC determines that 
any notification required under subpara-
graph (A), (B), or (C) of paragraph (1) is 
not accurate, the BSVC shall include in 
the report under clause (i) an explanation 
of why situational awareness, operational 
control, or both, as the case may be, was 
not achieved. Such explanation shall in-
clude, at a minimum— 
(I) impediments incurred; 
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(II) potential remedies; and 
(III) recommendations to achieve 
situational 
awareness, 
operational 
control, 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 commit-
tees a report on the results of each such 
review and a determination of the accuracy 
of the metrics implemented under sub-
sections (h), (i), (j), and (k). 
(D) 
OPERATIONAL
CONTROL
CERTIFI-
CATION.— 
(i) IN
GENERAL.—For purposes of 
subparagraph (C)(i), the BSVC shall cer-
tify the accuracy of a notification of the 
Secretary 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 
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each southern border State, representatives 
of the National Border Patrol Council, and 
relevant State and local government agen-
cies that have jurisdiction on the southern 
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 certifi-
cation is accurate. 
(o) FAILURE
TO
ACHIEVE
OPERATIONAL
CON-
TROL.— 
(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 border by such re-
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spective 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 func-
tions 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, excluding 
overtime pay. 
(iv) Receipt of any salary increase. 
(2) NATIONAL
SECURITY
EXCEPTION.—The 
Secretary of Homeland Security may waive the trav-
el prohibition in paragraph (1)(B)(i) if the Secretary 
determines and notifies the appropriate congres-
sional 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 bor-
der of the United States. 
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(3) FURTHER ACTION REQUIRED.—If the Sec-
retary of Homeland Security determines that situa-
tion 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 
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 situ-
ational 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-
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mal staffing levels at all land, air, and sea ports of 
entry, and an explanation of U.S. Customs and Bor-
der Protection methodology for aligning staffing lev-
els 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. 
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SEC. 
4. 
ESTABLISHMENT 
OF 
BORDER 
SECURITY 
VERIFICATION COMMISSION. 
(a) IN GENERAL.—There is established a Border Se-
curity 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; 
(2) the head of a border security university- 
based center within the Department of Homeland 
Security Centers of Excellence network, appointed 
by the President, in coordination with the Speaker 
and minority leader of the House of Representatives 
and the majority and minority leaders of the Senate; 
and 
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(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 
making recommendations for the individuals to be 
appointed 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; 
(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. 
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(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 
deciding vote. 
(e) QUALIFICATIONS.—The individuals referred to in 
subsection (c)(3) shall have a minimum of five years pro-
fessional experience in law enforcement and border secu-
rity. 
(f) CHAIR.—The BSVC shall be chaired by the indi-
vidual referred to in subsection (c)(1). 
(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 
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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 clear-
ance, as determined by the BSVC in consultation with the 
Secretary 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 membership in or employment by the BSVC. 
(k) MEETINGS.—The BSVC shall meet on the call 
of the chairperson. The BSVC shall meet and begin oper-
ations not later than 180 days after the date of the enact-
ment of this Act. 
(l) PUBLIC HEARINGS.— 
(1) IN GENERAL.—The BSVC shall hold not 
fewer than two public hearings each calendar year. 
(2) WITNESS
TESTIMONY.—In holding the 
hearings required under paragraph (1), the BSVC 
shall request the public testimony of Federal, State, 
and local officials, and any private citizen or organi-
zation the BSVC determines is relevant to carrying 
out its mission. 
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(m) QUORUM.—Four members of the BSVC shall 
constitute 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. 
(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 congressional office, may be detailed to 
the BSVC without reimbursement, and such detail 
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shall be without interruption or loss of civil service 
status, salary, benefits, or privileges. 
(3) OFFICE
SPACE
AND
ASSISTANCE.—Upon 
the request of the BSVC, the Secretary of Homeland 
Security shall provide reasonable and appropriate of-
fice space, supplies, and administrative assistance. 
(q) TERMINATION.—The BSVC shall terminate after 
determining the accuracy of the seventh annual metrics 
submission 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 Bor-
der Patrol’s Consequence Delivery System. 
SEC. 6. TACTICAL FLEXIBILITY. 
The Chief of the Border Patrol may alter the capa-
bility deployment referred to in subsection (b) of section 
3 if the Chief determines, after consultation with the ap-
propriate congressional committees, that the principal bor-
der security threats referred to in subsection (f)(2)(A) of 
such section require such alteration. 
SEC. 7. 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 
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Defense to the southern land border of the United States 
to assist the Secretary of Homeland Security in achieving 
situational awareness and operational control in accord-
ance 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. 8. U.S. CUSTOMS AND BORDER PROTECTION OFFICER 
AND AGENT AUTHORIZATION. 
(a) BORDER PATROL.—The Border Patrol shall 
maintain an active duty presence of not fewer than 21,370 
full time equivalent agents. 
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(b) OFFICE OF FIELD OPERATIONS.—The Office of 
Field Operations of U.S. Customs and Border Protection 
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. 9. OFFICE OF AIR AND MARINE FLIGHT HOURS. 
(a) INCREASED FLIGHT HOURS.—The Secretary of 
Homeland Security shall ensure not fewer than 130,000 
annual 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. 
SEC. 10. AIR AND MARINE PRIORITIZATION. 
The Assistant Commissioner for the Office of Air and 
Marine of U.S. Customs and Border Protection shall as-
sign the greatest prioritization to support requests from 
the Chief of the Border Patrol to carry out the require-
ments of section 3(a). 
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SEC. 11. 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 pursuant to subsection (a) if the Chief determines that 
such transfer is critical to the risk-based approach of the 
Border Patrol 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. 
SEC. 12. PROHIBITION ON ACTIONS THAT IMPEDE BORDER 
SECURITY ON CERTAIN FEDERAL LAND. 
(a) PROHIBITION ON SECRETARIES OF THE INTE-
RIOR AND AGRICULTURE.—The Secretary of the Interior 
or the Secretary of Agriculture shall not impede, prohibit, 
or restrict activities of U.S. Customs and Border Protec-
tion on Federal land located within 100 miles of the 
United States border with Mexico that is under the juris-
diction 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, in-
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struments of terrorism, narcotics, and other contraband 
through such international border. These authorities of 
U.S. Customs and Border Protection on such Federal land 
apply whether or not a state of emergency exists. 
(b) AUTHORIZED ACTIVITIES OF U.S. CUSTOMS AND 
BORDER PROTECTION.—U.S. Customs and Border Pro-
tection shall have immediate access to Federal land within 
100 miles of the United States border with Mexico that 
is under the jurisdiction of the Secretary of the Interior 
or the Secretary of Agriculture for purposes of conducting 
the following activities on such land to prevent all unlawful 
entries into the United States, including entries by terror-
ists, other unlawful aliens, instruments of terrorism, nar-
cotics, and other contraband through such international 
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 infra-
structure. 
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(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 Ille-
gal Immigration Reform and Immigrant Responsi-
bility Act of 1996 (8 U.S.C. 1103 note; Public Law 
104–208) of the laws described in paragraph (2) 
with respect to certain sections of the international 
border between the United States and Mexico shall 
be considered to apply to all Federal land under the 
jurisdiction of the Secretary of the Interior or the 
Secretary of Agriculture within 100 miles of such 
international border for the activities of U.S. Cus-
toms 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 
Environmental 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 Preser-
vation Act (16 U.S.C. 470 et seq.), Public Law 86– 
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523 (16 U.S.C. 469 et seq.), the Act of June 8, 
1906 (commonly 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 Wildlife Act of 1956 
(16 U.S.C. 742a et seq.), the Fish and Wildlife Co-
ordination 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 ‘‘Administra-
tive Procedure Act’’), the National Park Service Or-
ganic Act (16 U.S.C. 1 et seq.), the General Au-
thorities Act of 1970 (Public Law 91–383) (16 
U.S.C. 1a–1 et seq.), sections 401(7), 403, and 404 
of the National Parks and Recreation Act of 1978 
(Public Law 95–625, 92 Stat. 3467), and the Ari-
zona Desert Wilderness 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 
grazing, hunting, mining, or public-use recreational 
and backcountry airstrips on land under the jurisdic-
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tion of the Secretary of the Interior or the Secretary 
of Agriculture; or 
(2) any additional authority to restrict legal ac-
cess to such land. 
(e) EFFECT ON STATE AND PRIVATE LAND.—This 
section 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 
supersedes, replaces, negates, or diminishes treaties or 
other agreements between the United States and Indian 
tribes. 
SEC. 13. 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 appropriate 
congressional committees 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 Re-
form and Terrorism Prevention Act of 2004 (8 
U.S.C. 1365b), including— 
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(A) an integrated master schedule and cost 
estimate, including requirements and design, 
development, 
operational, 
and 
maintenance 
costs, of such a system that takes into account 
prior reports on such matters issued by the 
Government Accountability Office and the De-
partment of Homeland Security; 
(B) cost-effective staffing and personnel 
requirements of such a system that leverages 
existing resources of the Department of Home-
land Security that takes into account prior re-
ports on such matters issued by the Govern-
ment Accountability 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; 
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(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 en-
actment of this Act may be impacted by, or in-
corporated into, such a system; 
(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 
support the highest volume of international air 
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travel, as determined by available Federal flight 
data; 
(B) the 15 United States seaports that 
support the highest volume of international sea 
travel, as determined by available Federal travel 
data; and 
(C) the 15 United States land ports of 
entry that support the highest volume of pedes-
trian crossings, as determined by available Fed-
eral border crossing data. 
(b) IMPLEMENTATION.— 
(1) PILOT PROGRAM AT LAND PORTS OF ENTRY 
FOR
NON-PEDESTRIAN
OUTBOUND
TRAFFIC.—Not 
later than one year after the date of the enactment 
of this Act, the Secretary of Homeland Security, in 
collaboration with industry stakeholders, shall estab-
lish 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-bor-
der traffic, including at not fewer than two land 
ports of entry on the southern border and at least 
one land port of entry on the northern border. Such 
pilot program may include a consideration of more 
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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 
legitimate 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 ter-
rorism. 
(2) AT LAND PORTS OF ENTRY FOR NON-PE-
DESTRIAN 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 subsection (a)(2) to all land ports of 
entry, and such system shall apply only in the 
case of non-pedestrian outbound traffic. 
(B) EXTENSION.—The Secretary of Home-
land Security may extend by two years the ini-
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tial date specified in subparagraph (A), and 
may renew such extension for a single addi-
tional two-year period, if the Secretary certifies 
to the appropriate congressional committees 
that the 15 land ports of entry that support the 
highest volume of passenger vehicles, as deter-
mined by available Federal data, do not have 
the physical infrastructure or characteristics to 
install the systems necessary to implement a bi-
ometric exit data system. 
(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 Home-
land 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-
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sultation with appropriate private sector stakeholders, 
shall ensure that the collection of biometric data under 
this section causes the least possible disruption to the 
movement of people or cargo in air, sea, or land transpor-
tation. 
(d) 
TERMINATION
OF
PROCEEDING.—Notwith-
standing any other provision of law, the Secretary of 
Homeland Security shall, on the date of the enactment 
of this Act, terminate the proceeding entitled ‘‘Collection 
of Alien Biometric 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 sys-
tem 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 
section 7208 of the Intelligence Reform and Ter-
rorism Prevention Act of 2004 (8 U.S.C. 1365b) for 
the purpose described in paragraph (1); and 
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