Border Protection at each United States seaport 
during the previous fiscal year against the total 
number of cargo containers entering the United 
States at each seaport during the previous fiscal 
year. 
(2) METRICS CONSULTATION.—In developing the 
metrics required under paragraph (1), the Assistant 
Commissioner for the Office of Field Operations shall 
consult with staff members of the Office of Policy at 
the Department of Homeland Security and staff mem-
bers of the Office of the Chief Financial Officer of the 
Department of Homeland Security. Such staff mem-
bers may not be political appointees. 
(3) METRICS NOT REVIEWABLE.—The metrics re-
quired under paragraph (1) may not be reviewed or 
otherwise amended by the President, any staff em-
ployed by the Executive Office of the President, the 
Secretary of Homeland Security, the Deputy Sec-
retary of Homeland Security, the Commissioner of 
U.S. Customs and Border Protection, or the Deputy 
Commissioner of U.S. Customs and Border Protection 
before the submission of such metrics to the appro-
priate congressional committees, the BSVC, and the 
Comptroller General of the United States, as required 
under subsection (m). The prohibition described in 
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this paragraph does not apply to the Office of Na-
tional 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 annually 
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 Bor-
der Protection shall jointly implement metrics, in-
formed by situational awareness, to measure the effec-
tiveness of security in the maritime environment, 
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. 
(C) An illicit drugs removal rate which 
measures the amount and type of illicit drugs re-
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moved 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 re-
moved 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 in-
side a transit zone. 
(F) A cocaine removal effectiveness rate out-
side a transit zone. 
(G) A response rate which measures the 
ability of the maritime security components of 
the Department of Homeland Security to re-
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spond to and resolve known maritime threats, 
both inside and outside a transit zone, by plac-
ing assets on-scene, compared to the total number 
of events with respect to which the Department 
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 Com-
missioner for Air and Marine 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 Financial Officer of the Department of 
Homeland Security. Such staff members may not be 
political appointees. 
(3) METRICS NOT REVIEWABLE.—The metrics re-
quired under paragraph (1) may not be reviewed or 
otherwise amended by the President, any staff em-
ployed by the Executive Office of the President, the 
Secretary of Homeland Security, the Deputy Sec-
retary of Homeland Security, the Commissioner of 
U.S. Customs and Border Protection, or the Deputy 
Commissioner of U.S. Customs and Border Protection 
before the submission of such metrics to the appro-
priate congressional committees, the BSVC, and the 
Comptroller General of the United States, as required 
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under subsection (m). The prohibition described in 
this paragraph does not apply to the Office of Na-
tional 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 annually 
thereafter, the Assistant Commissioner for the Office 
of Air and Marine for U.S. Customs and Border Pro-
tection shall implement metrics, informed by situa-
tional awareness, to measure the effectiveness of secu-
rity in the aviation environment, which shall include, 
at a minimum, the following: 
(A) A requirement effectiveness rate which 
measures U.S. Customs and Border Protection’s 
Office of Air and Marine flight hours require-
ments against the number of flight hours actu-
ally 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 against the 
number of actual flight hours flown by such Of-
fice. 
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(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, mainte-
nance, 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 Office 
of Air and Marine through the use of unmanned 
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. 
(G) A detailed description of how, where, 
and for how long data and images collected 
through the use of unmanned aerial systems by 
U.S. Customs and Border Protection is collected 
and stored. 
(2) METRICS CONSULTATION.—In developing the 
metrics required under paragraph (1), the Assistant 
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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 Depart-
ment of Homeland Security. Such staff members may 
not be political appointees. 
(3) METRICS NOT REVIEWABLE.—The metrics re-
quired under paragraph (1) may not be reviewed or 
otherwise amended by the President, any staff em-
ployed by the Executive Office of the President, the 
Secretary of Homeland Security, the Deputy Sec-
retary of Homeland Security, the Commissioner of 
U.S. Customs and Border Protection, or the Deputy 
Commissioner of U.S. Customs and Border Protection 
before the submission 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 Pol-
icy. 
(l) PENALTIES FOR FAILURE TO SUBMIT METRICS.— 
(1) IN GENERAL.—If any of the officials referred 
to in subsection (h), (i), (j), or (k) fail to meet any 
of the deadlines required under any of such sub-
sections, no political appointee of the Department of 
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Homeland Security may perform any function de-
scribed in paragraph (2) until all such officials have 
met 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 methodology used 
to develop such metrics. 
(2) REPORT.—Not later than 270 days after re-
ceiving the data and methodology referred to in para-
graph (1), the Comptroller General of the United 
States shall submit to the appropriate congressional 
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 
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Homeland Security for other suitable metrics that 
may be used to measure the effectiveness of border se-
curity. Such report shall inform the BSVC in review-
ing the notifications required under subsection (n)(2). 
(n) BSVC CERTIFICATION OF METRICS AND OPER-
ATIONAL CONTROL.— 
(1) SECRETARY OF HOMELAND SECURITY NOTIFI-
CATIONS.— 
(A) TWO YEARS.—If the Secretary of Home-
land Security determines that situational aware-
ness and operational control of high traffic 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 appropriate 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 appropriate 
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congressional committees and the BSVC a notifi-
cation 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 maintained, 
the Secretary shall submit to the appropriate 
congressional committees and the BSVC a notifi-
cation that so attests. 
(2) BSVC CERTIFICATION.— 
(A) OPERATIONAL CONTROL REVIEWS.—The 
BSVC shall review the notifications of the Sec-
retary of Homeland Security under subpara-
graphs (A), (B), and (C) of paragraph (1) to as-
sess 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 an-
nually thereafter until the termination of the 
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BSVC under section 4(q), the BSVC shall review 
such metrics to assess the statistical validity and 
methodology of the data used to implement such 
metrics. 
(C) REPORTS.— 
(i) OPERATIONAL CONTROL.—Not later 
than 120 days after conducting a review de-
scribed in subparagraph (A), the BSVC 
shall submit to the appropriate congres-
sional committees a report on the results of 
each such review and a certification of the 
accuracy of the notification reviewed, in ac-
cordance 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 con-
trol, or both, as the case may be, was not 
achieved. Such explanation shall include, at 
a minimum— 
(I) impediments incurred; 
(II) potential remedies; and 
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