IB 
Union Calendar No. 6 
114TH CONGRESS 
1ST SESSION 
H. R. 399 
[Report No. 114–10, Part I] 
To require the Secretary of Homeland Security to gain and maintain oper-
ational control of the international borders of the United States, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 16, 2015 
Mr. MCCAUL (for himself, Mrs. MILLER of Michigan, Mr. SESSIONS, Mr. POE 
of Texas, Mr. WILLIAMS, Mr. FLORES, Mr. OLSON, Mr. BISHOP of Utah, 
Ms. MCSALLY, Mr. HURD of Texas, Mr. CULBERSON, Mr. FARENTHOLD, 
Mr. RATCLIFFE, Mr. CARTER of Texas, and Mr. BUCSHON) introduced 
the following bill; which was referred to the Committee on Homeland Se-
curity, and in addition to the Committees on Armed Services, Natural 
Resources, and Agriculture, for a period to be subsequently determined 
by the Speaker, in each case for consideration of such provisions as fall 
within the jurisdiction of the committee concerned 
JANUARY 27, 2015 
Additional sponsors: Mr. CLAWSON of Florida, Mr. PALAZZO, Mr. KING of 
New York, Mr. NEUGEBAUER, Mr. PERRY, Mr. COFFMAN, Mr. HARDY, 
Mr. KATKO, Mr. CARTER of Georgia, Mr. JOLLY, Ms. GRANGER, Mr. 
LONG, Mr. GOODLATTE, Mr. BRADY of Texas, and Mr. BARTON 
JANUARY 27, 2015 
Reported from the Committee on Homeland Security with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on January 16, 2015] 
JANUARY 27, 2015 
The Committees on Armed Services, Natural Resources, and Agriculture dis-
charged; committed to the Committee of the Whole House on the State 
of the Union and ordered to be printed 
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A BILL 
To require the Secretary of Homeland Security to gain and 
maintain operational control of the international borders 
of the United States, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘Se-
cure Our Borders First Act of 2015’’. 
(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. Patrol by the Border Patrol of physical land border. 
Sec. 7. Tactical flexibility. 
Sec. 8. Deployment of certain aviation assets to the southern land border. 
Sec. 9. U.S. Customs and Border Protection officer and agent authorization. 
Sec. 10. Office of Air and Marine flight hours. 
Sec. 11. Air and Marine prioritization. 
Sec. 12. Border Patrol flexibility. 
Sec. 13. Prohibition on actions that impede border security on certain Federal 
land. 
Sec. 14. Biometric exit data system. 
Sec. 15. Northern border threat analysis. 
Sec. 16. Operation Stonegarden program. 
Sec. 17. Sale or donation of excess personal property for border security activities. 
Sec. 18. Reimbursement of States for deployment of National Guard to the south-
ern land border. 
Sec. 19. Operation of the Border Patrol. 
Sec. 20. Definitions. 
Sec. 21. 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 Commis-
sion (BSVC), and the Government Accountability Of-
fice reports that assess and describe the state of situa-
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tional awareness and operational control along the 
northern and southern land borders of the United 
States. Such reports shall include an identification of 
the high traffic areas and the unlawful border cross-
ing effectiveness rate for each sector along the north-
ern and southern land borders of the United States 
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 submitted 
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 report, 
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 submission 
of last report under subparagraph (B), such re-
ports 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 re-
garding the verification of the data and methodology used 
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to determine high traffic areas and the unlawful border 
crossing effectiveness rate. 
SEC. 3. OPERATIONAL CONTROL OF THE BORDER. 
(a) SECURING THE BORDER.—The Secretary of Home-
land Security shall gain and maintain situational aware-
ness, 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 situa-
tional 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.—Not later 
than one year after the date of the enactment of this Act, 
the Secretary of Homeland Security, acting through the ap-
propriate component of the Department of Homeland Secu-
rity, shall, at a minimum, deploy to each sector or region, 
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 following additional 
capabilities: 
(1) SAN DIEGO SECTOR.—For the San Diego sec-
tor, the following: 
(A) Subterranean surveillance and detection 
technologies. 
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(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. 
(iv) Coastal radar surveillance sys-
tems. 
(v) Maritime signals intelligence capa-
bilities. 
(C) Ultralight aircraft detection capabili-
ties. 
(D) Advanced unattended surveillance sen-
sors. 
(E) A rapid reaction capability supported 
by aviation assets. 
(2) EL CENTRO SECTOR.—For the El Centro sec-
tor, the following: 
(A) Tower-based surveillance technology. 
(B) Deployable, lighter than air ground sur-
veillance equipment. 
(C) Man-portable unmanned aerial vehicles. 
(D) Ultralight aircraft detection capabili-
ties. 
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(E) Advanced unattended surveillance sen-
sors. 
(F) A rapid reaction capability supported 
by aviation assets. 
(3) YUMA SECTOR.—For the Yuma sector, the 
following: 
(A) Tower-based surveillance technology. 
(B) Mobile vehicle-mounted and man-port-
able surveillance systems. 
(C) Deployable, lighter-than-air ground sur-
veillance equipment. 
(D) Ultralight aircraft detection capabili-
ties. 
(E) Advanced unattended surveillance sen-
sors. 
(F) A rapid reaction capability supported 
by aviation assets. 
(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 vehicles. 
(C) Tower-based surveillance technology. 
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(D) Ultralight aircraft detection capabili-
ties. 
(E) Advanced unattended surveillance sen-
sors. 
(F) Deployable, lighter than air ground sur-
veillance equipment. 
(G) A rapid reaction capability supported 
by aviation assets. 
(5) EL PASO SECTOR.—For the El Paso sector, 
the following: 
(A) Tower-based surveillance technology. 
(B) Ultralight aircraft detection capabili-
ties. 
(C) Advanced unattended surveillance sen-
sors. 
(D) Mobile vehicle-mounted and man-port-
able surveillance systems. 
(E) Deployable, lighter than air ground 
surveillance equipment. 
(F) A rapid reaction capability supported 
by aviation assets. 
(6) BIG BEND SECTOR.—For the Big Bend sec-
tor, the following: 
(A) Tower-based surveillance technology. 
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(B) Deployable, lighter than air ground sur-
veillance equipment. 
(C) Improved agent communications capa-
bilities. 
(D) Ultralight aircraft detection capabili-
ties. 
(E) Advanced unattended surveillance sen-
sors. 
(F) A rapid reaction capability supported 
by aviation assets. 
(7) DEL RIO SECTOR.—For the Del Rio sector, 
the following: 
(A) Increased monitoring for cross-river 
dams, culverts, and footpaths. 
(B) Improved agent communications capa-
bilities. 
(C) Improved maritime capabilities in the 
Amistad Recreation Area. 
(D) Advanced unattended surveillance sen-
sors. 
(E) A rapid reaction capability supported 
by aviation assets. 
(8) LAREDO SECTOR.—For the Laredo sector, the 
following: 
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(E) Increased monitoring for cross-river 
dams, culverts, footpaths. 
(F) A rapid reaction capability supported 
by aviation assets. 
(10) EASTERN PACIFIC MARITIME REGION.—For 
the Eastern Pacific Maritime region, the following: 
(A) Increased cutter and boat hours and op-
eration platforms to conduct interdiction oper-
ations. 
(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 Inter-
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agency Task Forces, and the United States Coast 
Guard Deployable Specialized Forces. 
(11) CARIBBEAN AND GULF MARITIME REGION.— 
For the Caribbean and Gulf Maritime region, the fol-
lowing: 
(A) Increased cutter and boat hours and op-
eration platforms to conduct interdiction oper-
ations. 
(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 Inter-
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agency Task Forces, and the United States Coast 
Guard Deployable Specialized Forces. 
(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 addition 
to such fencing in existence as of the date of the 
enactment of this Act. 
(B) Twenty-one miles of double layer pedes-
trian fencing in the Border Patrol’s Tucson sec-
tor 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 Valley 
sector in addition to such fencing in existence as 
of the date of the enactment of this Act. 
(D) Ten miles of double layer pedestrian 
fencing in the Border Patrol’s Del Rio sector in 
addition to such fencing in existence 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 enactment 
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of this Act, the Secretary of Homeland Security shall 
replace, at a minimum, each of the following: 
(A) Thirty-one miles of landing mat fencing 
with bollard style fencing in the Border Patrol’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 construction 
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 maintenance 
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 sector. 
(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 
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 replace 
five miles of vehicle fencing with new vehicle fencing 
in the Border Patrol’s Tucson sector in addition to 
such fencing in existence as of the date of the enact-
ment of this Act. 
(7) BOAT RAMPS.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary 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 Patrol’s 
Del Rio sector in addition to such ramps in ex-
istence 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 exist-
ence 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 en-
actment 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 access 
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 complete, at 
a minimum, construction of each of the following: 
(A) One forward operating base in the Bor-
der Patrol’s El Paso sector in addition to such 
bases in existence as of the date of the enactment 
of this Act. 
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(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 enactment 
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 
roads, access roads, and Federal, State, local, and 
privately owned roads. 
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(11) MINIMUM FORWARD OPERATING BASE RE-
QUIREMENTS.—The forward operating bases referred 
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 
wide 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 Border 
Protection, ‘‘the [Carrizo cane] plant causes seri-
ous officer safety issues and operational concerns 
because it hampers enforcement along the [Rio 
Grande] river. The plant also provides conceal-
ment to criminals, drug smugglers, illegal aliens, 
and potential terrorists who could use it as an 
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advantage to enter the United States illegally. 
The obvious officer safety hazards created by this 
situation are of grave concern to the Border Pa-
trol and need to be remedied’’. 
(2) ERADICATION.—The Chief of the Border Pa-
trol shall coordinate with the heads of each relevant 
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 land 
border State and each southern border maritime State, rep-
resentatives 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 land 
border, or in the maritime environment, to develop the oper-
ational 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 Secretary of 
Homeland Security shall submit to the appropriate 
congressional committees, the BSVC, and the Comp-
troller General of the United States a comprehensive 
operational plan for each of the components of the De-
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partment of Homeland Security responsible for border 
or maritime security to gain and maintain situa-
tional awareness, operational control of high traffic 
areas, and operational control along the southern 
land border of the United States by the dates, respec-
tively, 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 secu-
rity 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 De-
partment of Homeland Security, and between the 
Department and other appropriate Federal de-
partments and agencies with missions associated 
with the border. 
(D) A plan to achieve situational awareness 
using the capabilities deployed under subsection 
(b). 
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(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 land borders. 
(I) A description of the staffing require-
ments for all border security functions of the bor-
der security components of the Department of 
Homeland Security. 
(J) A prioritized list of research and devel-
opment objectives to enhance the security of the 
international land and maritime borders of the 
United States. 
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(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 activi-
ties 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 paragraph 
(2)(A) may be submitted in classified form, if the Sec-
retary of Homeland Security determines that such is 
appropriate. 
(4) IMPLEMENTATION.— 
(A) IN GENERAL.—The Secretary of Home-
land Security shall commence the implementa-
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tion of the operational plan under paragraph (1) 
not later than 30 days after the submission to 
the appropriate congressional committees of the 
report by the Comptroller General of the United 
States under subparagraph (C). 
(B) COMPTROLLER GENERAL REVIEW.—Not 
later than 90 days after receiving the operational 
plan under paragraph (1), the Comptroller Gen-
eral of the United States shall submit to the ap-
propriate congressional committees and the 
BSVC a report on the operational plan required 
under paragraph (1) and such congressional jus-
tification. 
(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 sub-
mitted under subsection (f), the Secretary of Homeland Se-
curity shall submit to the appropriate congressional com-
mittees, the BSVC, and the Comptroller General of the 
United States an updated operational plan under para-
graph (1) of subsection (f). 
(h) METRICS FOR SECURING THE BORDER BETWEEN 
PORTS OF ENTRY.— 
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(1) IN GENERAL.—Not later than 120 days after 
the date of the enactment of this Act and annually 
thereafter, the Chief of the Border Patrol shall develop 
metrics, informed by situational awareness, to meas-
ure the effectiveness of security between ports of entry, 
which shall include, at a minimum, the following: 
(A) An unlawful border crossing effective-
ness rate, informed by situational awareness. 
(B) A probability of detection that measures 
the estimated total unlawful border crossing at-
tempts not detected by the Border Patrol against 
the unlawful border crossing effectiveness rate re-
ferred to in subparagraph (A). 
(C) A weight-to-frequency rate which meas-
ures the average weight of marijuana seized per 
seizure by the Border Patrol in any fiscal year 
compared to such a weight-to-frequency rate for 
the immediately preceding five fiscal years. 
(D) A situational awareness achievement 
metric that measures the amount of situational 
awareness achieved in each Border Patrol sector. 
(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 
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of illicit drugs seized by the Border Patrol for 
the immediately preceding five fiscal years. 
(F) In consultation with the Office of Na-
tional Drug Control Policy and the United 
States Southern Command, a cocaine seizure ef-
fectiveness rate measured as a percentage that re-
sults 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 methodolo-
gies, including recidivism data, survey data, 
known-flow data, and technologically measured 
data, of total attempted unlawful border cross-
ings, the rate of apprehension of attempted un-
lawful border crossers, and the inflow 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 members of the 
Office of Policy at the Department of Homeland Secu-
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rity and staff members of the Office of the Chief Fi-
nancial Officer of the Department of Homeland Secu-
rity. Such staff members may not be political ap-
pointees. 
(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 
Comptroller 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. 
(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 annually 
thereafter, the Assistant Commissioner for the Office 
of Field Operations in U.S. Customs and Border Pro-
tection shall develop metrics, informed by situational 
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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 
Border Protection for the immediately preceding 
five fiscal years. 
(C) In consultation with the Office of Na-
tional Drug Control Policy and the United 
States Southern Command, a cocaine seizure ef-
fectiveness rate measured as a percentage that re-
sults from dividing the amount of cocaine seized 
by the Office of Field Operations of U.S. Cus-
toms and Border Protection by the total docu-
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mented cocaine flow rate at ports of entry along 
the southern land border. 
(D) Estimates, using alternative methodolo-
gies, including survey data and randomized sec-
ondary screening data, of total attempted inad-
missible border crossers, the rate of apprehension 
of attempted inadmissible border 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 number 
of such infractions committed by major violators 
who are not apprehended. 
(F) A measurement of how border security 
operations affect crossing times. 
(G) The amount and type of illicit drugs 
seized by the Office of Field Operations of U.S. 
Customs and Border Protection at United States 
seaports during the previous fiscal year. 
(H) A cargo scanning rate that measures 
the number of cargo containers scanned by the 
Office of Field Operations of U.S. Customs and 
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