[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 399 Reported in House (RH)]
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
operational 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
Security, 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
discharged; committed to the Committee of the Whole House on the State
of the Union and ordered to be printed
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives 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 ``Secure 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 southern 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 Security shall
submit to the appropriate congressional committees, the Border
Security Verification Commission (BSVC), and the Government
Accountability Office reports that assess and describe the
state of situational 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 crossing effectiveness
rate for each sector along the northern and southern land
borders of the United States that are within the responsibility
of the Border Patrol.
(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 reports shall be
submitted every 360 days.
(b) GAO Report.--Not later than 90 days after receiving 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 border crossing
effectiveness rate.
SEC. 3. OPERATIONAL CONTROL OF THE BORDER.
(a) Securing the Border.--The Secretary of Homeland Security shall
gain and maintain situational 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.--Not later than one year after
the date of the enactment of this Act, the Secretary of Homeland
Security, acting through the appropriate component of the Department of
Homeland Security, 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 sector, the
following:
(A) Subterranean surveillance and detection
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.
(iv) Coastal radar surveillance systems.
(v) Maritime signals intelligence
capabilities.
(C) Ultralight aircraft detection capabilities.
(D) Advanced unattended surveillance sensors.
(E) A rapid reaction capability supported by
aviation assets.
(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 vehicles.
(D) Ultralight aircraft detection capabilities.
(E) Advanced unattended surveillance sensors.
(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-portable
surveillance systems.
(C) Deployable, lighter-than-air ground
surveillance equipment.
(D) Ultralight aircraft detection capabilities.
(E) Advanced unattended surveillance sensors.
(F) A rapid reaction capability supported by
aviation assets.
(4) Tucson sector.--For the Tucson sector, the following:
(A) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(B) Man-portable unmanned aerial vehicles.
(C) Tower-based surveillance technology.
(D) Ultralight aircraft detection capabilities.
(E) Advanced unattended surveillance sensors.
(F) Deployable, lighter than air ground
surveillance 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 capabilities.
(C) Advanced unattended surveillance sensors.
(D) Mobile vehicle-mounted and man-portable
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 sector, the
following:
(A) Tower-based surveillance technology.
(B) Deployable, lighter than air ground
surveillance equipment.
(C) Improved agent communications capabilities.
(D) Ultralight aircraft detection capabilities.
(E) Advanced unattended surveillance sensors.
(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 capabilities.
(C) Improved maritime capabilities in the Amistad
Recreation Area.
(D) Advanced unattended surveillance sensors.
(E) A rapid reaction capability supported by
aviation assets.
(8) Laredo sector.--For the Laredo sector, the following:
(A) Maritime detection resources for Falcon Lake
region.
(B) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(C) Increased monitoring for cross-river dams,
culverts, and footpaths.
(D) Ultralight aircraft detection capabilities.
(E) Advanced unattended surveillance sensors.
(F) A rapid reaction capability supported by
aviation assets.
(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 detection,
interdiction and monitoring operations capability.
(C) Ultralight aircraft detection capabilities.
(D) Advanced unattended surveillance sensors.
(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 operation
platforms to conduct interdiction operations.
(B) Increased maritime signals intelligence
capabilities.
(C) To increase maritime domain awareness, the
following:
(i) Deployable, lighter than air surface
surveillance equipment.
(ii) Unmanned aerial vehicles with maritime
surveillance capability.
(iii) Increased maritime aviation patrol
hours.
(iv) Coastal radar surveillance systems.
(D) Increased operational hours for maritime
security components dedicated to joint counter-
smuggling and interdiction efforts with other Federal
agencies, including the Joint Interagency 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 following:
(A) Increased cutter and boat hours and operation
platforms to conduct interdiction operations.
(B) Increased maritime signals intelligence
capabilities.
(C) Increased maritime domain awareness and
surveillance capabilities, including the following:
(i) Deployable, lighter than air surface
surveillance equipment.
(ii) Unmanned aerial vehicles with maritime
surveillance capability.
(iii) Increased maritime aviation patrol
hours.
(iv) Coastal radar surveillance systems.
(D) Increased operational hours for maritime
security components dedicated to joint counter-
smuggling and interdiction efforts with other Federal
agencies, including the Joint Interagency 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 Secretary 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 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 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 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 fencing with
bollard style fencing in the Border Patrol'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.
(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.
(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
enactment 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:
(A) Eight boat ramps in the Border Patrol'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 existence 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 Secretary 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 Border
Patrol's El Paso sector in addition to such bases in
existence as of the date of the enactment 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 enactment 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 enactment 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 enactment 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 addition to such
bases in existence as of the date of the enactment of
this Act.
(10) Roads.--The roads referred to in paragraphs (3) and
(4) shall include border roads, patrol roads, access roads, and
Federal, State, local, and privately owned roads.
(11) Minimum forward operating base requirements.--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 serious
officer safety issues and operational concerns because
it hampers enforcement along the [Rio Grande] river.
The plant also provides concealment to criminals, drug
smugglers, illegal aliens, and potential terrorists who
could use it as an advantage to enter the United States
illegally. The obvious officer safety hazards created
by this situation are of grave concern to the Border
Patrol and need to be remedied''.
(2) Eradication.--The Chief of the Border Patrol 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 Security shall consult
with the governors of each southern land border State and each southern
border maritime State, 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 land 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 Secretary of Homeland Security
shall submit to the appropriate congressional committees, the
BSVC, and the Comptroller General of the United States a
comprehensive operational plan for each of the components of
the Department of Homeland Security responsible 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 security
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 border
security and border threat information among the border
security components of the Department of Homeland
Security, and between the Department and other
appropriate Federal departments and agencies with
missions associated with the border.
(D) A plan to achieve situational awareness using
the capabilities deployed under subsection (b).
(E) A plan to ensure that any new border security
assets will be operationally integrated with assets in
use by the Department of Homeland 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 information
received from consultation with border community
stakeholders, including representatives from
agricultural and ranching organizations and business
and civic organizations along the northern or southern
land borders.
(I) A description of the staffing requirements for
all border security functions of the border security
components of the Department of Homeland Security.
(J) A prioritized list of research and development
objectives to enhance the security of the international
land and maritime borders of the United States.
(K) An assessment of the relationship between
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 rationale for
technology choices.
(O) Deployment locations.
(P) A timetable for procurement and deployment.
(Q) Estimates of operation and maintenance 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 Secretary of Homeland Security
determines that such is appropriate.
(4) Implementation.--
(A) In general.--The Secretary of Homeland Security
shall commence the implementation 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 General of the United
States shall submit to the appropriate congressional
committees and the BSVC a report on the operational
plan required under paragraph (1) and such
congressional justification.
(g) Periodic Updates.--Not later than 180 days after the submission
of each Quadrennial Homeland Security 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 Homeland Security shall submit
to the appropriate congressional committees, the BSVC, and the
Comptroller General 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 annually thereafter, the Chief of
the Border Patrol shall develop metrics, informed by
situational awareness, to measure the effectiveness of security
between ports of entry, which shall include, at a minimum, the
following:
(A) An unlawful border crossing effectiveness rate,
informed by situational awareness.
(B) A probability of detection that measures the
estimated total unlawful border crossing attempts not
detected by the Border Patrol against the unlawful
border crossing effectiveness 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-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 of illicit drugs seized by the
Border Patrol for the immediately preceding five fiscal
years.
(F) In consultation with the Office of National
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 cocaine seized by the Border Patrol by the total
documented cocaine flow rate between ports of entry
along the southern land border.
(G) Estimates, using alternative methodologies,
including recidivism data, survey data, known-flow
data, and technologically measured data, of total
attempted unlawful border crossings, the rate of
apprehension of attempted unlawful 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 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 Deputy Commissioner of
U.S. Customs and Border Protection before the submission of
such metrics to the appropriate 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 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 annually 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 inadmissible border
crossers who are denied entry, excluding those border
crossers who voluntarily withdraw their applications
for admission, divided by the total estimated number of
inadmissible 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 National
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 cocaine 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 methodologies,
including survey data and randomized secondary
screening data, of total attempted inadmissible 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 violators who are
apprehended by the Office of Field Operations of U.S.
Customs and Border Protection 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 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 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 Deputy Commissioner of
U.S. Customs and Border Protection 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.
(j) Metrics for Securing the Maritime Border.--
(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 Border Protection shall jointly implement metrics, informed
by situational awareness, to measure the effectiveness of
security in the maritime environment, which shall include, at a
minimum, the following:
(A) An estimate of the total number of undocumented
migrants the Department of Homeland 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 Department 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 removed by the
Department of Homeland Security'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
Security'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 Security'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
Security'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.
(G) A response rate which measures the ability of
the maritime security components of the Department of
Homeland Security to respond to and resolve known
maritime threats, both inside and outside a transit
zone, by placing 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 Commandant of the Coast Guard
and the Assistant Commissioner 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 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 Deputy Commissioner of
U.S. Customs and Border Protection 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 annually 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 effectiveness
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 Protection's Office of Air and
Marine flight hours requirements 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 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. Customs and Border
Protection's Office of Air and Marine against the
number of aviation missions cancelled by such Office
due to weather, maintenance, 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 Commissioner 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 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 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 Policy.
(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 subsections, no political
appointee of the Department of Homeland Security may perform
any function described in paragraph (2) until all such
officials have met all of such deadlines.
(2) Functions described.--The functions described in this
paragraph are the following:
(A) Travel using Government aircraft.
(B) Receipt of any non-essential training.
(C) Receipt of bonus pay, excluding overtime pay.
(D) Receipt of any salary increase.
(m) Evaluation by the Government Accountability Office.--
(1) In general.--The metrics required under subsections
(h), (i), (j), and (k) shall be made available 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 receiving the
data and methodology referred to in paragraph (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
Homeland Security for other suitable metrics that may be used
to measure the effectiveness of border security. Such report
shall inform the BSVC in reviewing the notifications required
under subsection (n)(2).
(n) BSVC Certification of Metrics and Operational Control.--
(1) Secretary of homeland security notifications.--
(A) Two years.--If the Secretary of Homeland
Security determines that situational awareness 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 congressional committees and the BSVC a
notification that so attests.
(C) Annual updates.--Every year beginning with the
year after the Secretary of Homeland 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
notification that so attests.
(2) BSVC certification.--
(A) Operational control reviews.--The BSVC shall
review the notifications of the Secretary of Homeland
Security under subparagraphs (A), (B), and (C) of
paragraph (1) to assess such notifications relating to
the achievement of situational awareness, operational
control, 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 pursuant to subsections (h), (i),
(j), and (k) and annually thereafter until the
termination of the 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 described in
subparagraph (A), the BSVC shall submit to the
appropriate congressional committees a report
on the results of each such review and a
certification 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 subparagraph (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
include, at a minimum--
(I) impediments incurred;
(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 committees a report
on the results of each such review and a
determination of the accuracy of the metrics
implemented under subsections (h), (i), (j),
and (k).
(D) Operational control certification.--
(i) In general.--For purposes of
subparagraph (C)(i), the BSVC shall certify 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 conducting a
vote referred to in clause (i), the BSVC shall
consult with the governors of each southern
land border State, representatives of the
National Border Patrol Council, representatives
of the ranching industry in each southern land
border State, and relevant State and local
government agencies that have jurisdiction on
the southern land border.
(E) Metrics determination.--For purposes of
subparagraph (C)(iii), the BSVC shall concur in the
accuracy of the metrics required under subsections (h),
(i), (j), and (k) if four members of the BSVC vote that
such certification is accurate.
(o) Failure to Achieve Operational Control.--
(1) Penalties.--
(A) In general.--If the Secretary of Homeland
Security determines that situational awareness,
operational control, or both, as the case may be, has
not been achieved by the dates referred to in
subsection (n)(1) (and thus fails to submit a
notification to the BSVC), or if the BSVC determines
pursuant to subsection (n)(2) that the Secretary has
failed to achieve situational awareness and operational
control of high traffic areas or has failed to achieve
operational control along the southern land border by
such respective dates, no political appointee of the
Department of Homeland Security may perform any
function described in subparagraph (B) until the BSVC
certifies that the Secretary has achieved such
situational awareness, operational control, or both, as
the case may be.
(B) Functions described.--The functions described
in this subparagraph are each of the following:
(i) Travel using Government aircraft.
(ii) Receipt of any non-essential training,
including conferences.
(iii) Receipt of bonus pay.
(iv) Receipt of any salary increase.
(2) National security exception.--The Secretary of Homeland
Security may waive the travel prohibition in paragraph
(1)(B)(i) if the Secretary determines and notifies the
appropriate congressional committees that--
(A) such a waiver is in the national security
interests of the United States; or
(B) such travel is being carried out to achieve
operational control of the southern land border of the
United States.
(3) Further action required.--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 situational awareness and operational control of high
traffic areas or fails to achieve operational control along the
southern land border by such respective dates, the Secretary of
Homeland Security shall, within 180 days, submit to the
appropriate congressional committees and the BSVC and implement
a revised plan to achieve situational 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 appropriate congressional
committees a report that includes each of the following:
(1) A resource allocation model for current and future year
staffing requirements that includes optimal staffing levels at
all land, air, and sea ports of entry, and an explanation of
U.S. Customs and Border Protection methodology for aligning
staffing levels and workload to threats and vulnerabilities and
their effects on cross border trade and passenger travel across
all mission areas.
(2) Detailed information on the level of manpower available
at all land, air, and sea ports of entry and between ports of
entry, including the number of canine and agricultural
specialists assigned to each such port of entry.
(3) Detailed information describing the difference between
the staffing the model suggests and the actual staffing at each
port of entry and between the ports of entry.
(4) Monthly per passenger wait times, including data on per
passenger processing wait times at all land, air, and sea ports
of entry.
(5) A description of the infrastructure, security
resources, and other measures that are necessary to achieve
substantial reductions in the average wait times of vehicles at
land border ports of entry.
(q) Adherence to Certain Standards.--The Under Secretary for
Management of the Department of Homeland Security, in coordination with
the Assistant Commissioner of the Office of Administration of U.S.
Customs and Border Protection, shall ensure component program managers
who are responsible for carrying out subsections (b) and (c) adhere to
internal control standards identified by the Comptroller General of the
United States. The Assistant Commissioner shall provide information, as
needed, to assist the Under Secretary for Management in monitoring
proper program management of border security programs carried out
pursuant to such subsections.
SEC. 4. ESTABLISHMENT OF BORDER SECURITY VERIFICATION COMMISSION.
(a) In General.--There is established a Border Security
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 network with prior expertise in
border security, 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;
(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
(3) three individuals, appointed by the President, based on
the recommendations of the special congressional commission on
border security established pursuant to subsection (d).
(d) Special Congressional Commission on Border 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 Governmental Affairs
of the Senate.
(2) Voting procedures.--
(A) In general.--The commission may make a
recommendation to the President concerning 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 professional experience in
law enforcement and border security.
(f) Chair.--The BSVC shall be chaired by the individual 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 from the Federal Government by
reason of their service on the BSVC.
(i) Prohibition on Certain Membership.--Members of the BSVC may not
be current Federal employees or current Members of Congress.
(j) Security Clearances.--A member or employee of the BSVC shall
receive an appropriate security clearance, as determined by the BSVC in
consultation with the 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 operations not later than 180 days after
the date of the enactment of this Act.
(l) Public Hearings.--
(1) In general.--The BSVC shall hold not fewer than two
public hearings each calendar year.
(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 organization the BSVC determines is relevant
to carrying out its mission.
(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 performance 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 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 office space, supplies, and
administrative assistance.
(q) Termination.--The BSVC shall terminate after determining the
accuracy of the tenth annual metrics submission required under
subsection (n)(2) of section 3.
SEC. 5. REQUIRED CONSEQUENCE.
The Chief of the Border Patrol shall impose a consequence for each
alien apprehended pursuant to the Border Patrol's Consequence Delivery
System.
SEC. 6. PATROL BY THE BORDER PATROL OF PHYSICAL LAND BORDER.
(a) In General.--The Chief of the Border Patrol shall direct agents
of the Border Patrol to patrol as close to the physical land border as
possible, consistent with the accessibility to such areas.
(b) Forward Operating Base Personnel.--The Chief of the Border
Patrol shall deploy the maximum practicable number of Border Patrol
agents to forward operating bases along the southern land border of the
United States to meet the requirements of this section.
SEC. 7. TACTICAL FLEXIBILITY.
(a) Southern Land Border.--The Chief of the Border Patrol may alter
the capability deployment referred to in subsection (b) of section 3 if
the Chief determines, after consultation with the appropriate
congressional committees, that the principal border security threats
referred to in subsection (f)(2)(A) of such section require such
alteration.
(b) Northern Land Border.--The Chief of the Border Patrol may alter
the capability deployment referred to in subsection (c) of section 15
if the Chief determines, after consultation with the appropriate
congressional committees, that the threat analysis referred to in
subsection (a) of such section requires such alteration.
SEC. 8. DEPLOYMENT OF CERTAIN AVIATION ASSETS TO THE SOUTHERN LAND
BORDER.
(a) In General.--The Secretary of Defense, in collaboration with
the Secretary of Homeland Security, may allocate additional aviation
assets of the Department of 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 accordance with
section 3(a).
(b) Additional Requirements.--
(1) Plan.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall
submit to the appropriate congressional committees and the BSVC
a plan for the Department of Homeland Security to acquire and
deploy aviation capabilities of the Department along the
southern land border of the United States.
(2) DHS deployment.--Not later than 180 days after the
submission of the plan under paragraph (1), the Secretary of
Homeland Security shall begin acquiring and deploying to the
southern land border of the United States aviation capabilities
of the Department of Homeland Security acquired in accordance
with such plan.
SEC. 9. U.S. CUSTOMS AND BORDER PROTECTION OFFICER AND AGENT
AUTHORIZATION.
(a) Border Patrol.--The Border Patrol shall maintain an active duty
presence of not fewer than 21,370 full time equivalent agents.
(b) Office of Field Operations.--The Office of Field Operations of
U.S. Customs and Border Protection shall maintain not fewer than 23,775
full time equivalent officers.
(c) Office of Air and Marine.--The Office of Air and Marine of U.S.
Customs and Border Protection shall maintain not fewer than 1,675 full
time equivalent agents.
SEC. 10. OFFICE OF AIR AND MARINE FLIGHT HOURS.
(a) Increased Flight Hours.--The Secretary of Homeland Security
shall ensure not fewer than 130,000 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.
(c) Unmanned Aerial Systems Report.--The Office of Air and Marine
of U.S. Customs and Border Protection shall annually submit to the
appropriate congressional committees a report regarding the requirement
referred to in subsection (b). Such report shall describe the number of
hours the Office of Air and Marine operated unmanned aerial systems--
(1) in a transit zone;
(2) on a land border;
(3) on a maritime border; and
(4) to assist other Federal, State, local, and tribal law
enforcement agencies.
SEC. 11. AIR AND MARINE PRIORITIZATION.
The Assistant Commissioner for the Office of Air and Marine of U.S.
Customs and Border Protection shall assign the greatest prioritization
to support requests from the Chief of the Border Patrol to carry out
the requirements of section 3(a).
SEC. 12. BORDER PATROL FLEXIBILITY.
(a) Transfer.--The Chief of the Border Patrol may transfer Border
Patrol agents, on a voluntary basis, to high traffic areas, as
determined by the Chief.
(b) Incentive Bonus.--At the discretion of the Chief of the Border
Patrol, a Border Patrol agent may be eligible for an incentive bonus
for any transfer carried out 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. 13. PROHIBITION ON ACTIONS THAT IMPEDE BORDER SECURITY ON CERTAIN
FEDERAL LAND.
(a) Prohibition on Secretaries of the Interior and Agriculture.--
The Secretary of the Interior or the Secretary of Agriculture shall not
impede, prohibit, or restrict activities of U.S. Customs and Border
Protection on Federal land located within 100 miles of the United
States border with Mexico and the United States border with Canada that
is under the jurisdiction of the Secretary of the Interior or the
Secretary of Agriculture, to execute search and rescue operations, and
to prevent all unlawful entries into the United States, including
entries by terrorists, other unlawful aliens, instruments of terrorism,
narcotics, and other contraband through such international borders.
These authorities of U.S. Customs and Border Protection on such Federal
land apply whether or not a state of emergency exists.
(b) Authorized Activities of U.S. Customs and Border Protection.--
U.S. Customs and Border Protection shall have immediate access to
Federal land within 100 miles of the United States borders with Mexico
and Canada that are under the jurisdiction of the Secretary of the
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 terrorists, other unlawful
aliens, instruments of terrorism, narcotics, 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 rescue.
(4) Installation, maintenance, and operation of
communications and surveillance equipment and sensors.
(5) Deployment of temporary tactical infrastructure.
(c) Clarification Relating to Waiver Authority.--
(1) In general.--Notwithstanding any other provision of law
(including any termination date relating to the waiver referred
to in this subsection), the waiver by the Secretary of Homeland
Security on April 1, 2008, under section 102(c)(1) of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1103 note; Public Law 104-208) of the laws
described in paragraph (2) with respect to certain sections of
the international borders between the United States and Mexico
and the United States and Canada shall be considered to apply
to all Federal land under the jurisdiction of the Secretary of
the Interior or the Secretary of Agriculture within 100 miles
of such international borders for the activities of U.S.
Customs and Border Protection described in subsection (b).
(2) Description of laws waived.--The laws referred to in
paragraph (1) are limited to the Wilderness 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 Preservation Act
(16 U.S.C. 470 et seq.), Public Law 86-523 (16 U.S.C. 469 et
seq.), the Act of June 8, 1906 (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
Coordination Act (16 U.S.C. 661 et seq.), subchapter II of
chapter 5, and chapter 7, of title 5, United States Code
(commonly known as the ``Administrative Procedure Act''), the
National Park Service Organic Act (16 U.S.C. 1 et seq.), the
General Authorities 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 Arizona 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 jurisdiction of the Secretary of
the Interior or the Secretary of Agriculture; or
(2) any additional authority to restrict legal access 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. 14. BIOMETRIC EXIT DATA SYSTEM.
(a) Establishment.--The Secretary of Homeland Security shall--
(1) not later than 180 days after the date of the enactment
of this Act, submit to the Committee on Homeland Security and
the Committee on the Judiciary of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs
and the Committee on the Judiciary of the Senate an
implementation plan to establish a biometric exit data system
to complete the integrated biometric entry and exit data system
required under section 7208 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (8 U.S.C. 1365b), including--
(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 Department of Homeland Security;
(B) cost-effective staffing and personnel
requirements of such a system that leverages existing
resources of the Department of Homeland Security that
takes into account prior reports on such matters issued
by the Government 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 Government Accountability
Office and the Department of Homeland Security;
(E) information received after consultation with
private sector stakeholders, including--
(i) the trucking industry;
(ii) the airport industry;
(iii) the airline industry;
(iv) the seaport industry;
(v) the travel industry; and
(vi) the biometric technology industry;
(F) a consideration of how trusted traveler
programs in existence as of the date of the enactment
of this Act may be impacted by, or incorporated into,
such a system;
(G) defined metrics of success and milestones;
(H) identified risks and mitigation strategies 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 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 pedestrian crossings, as
determined by available Federal border crossing data.
(b) Implementation.--
(1) Pilot program at land ports of entry for non-pedestrian
outbound traffic.--Not later than one year after the date of
the enactment of this Act, the Secretary of Homeland Security,
in collaboration with industry stakeholders, shall establish a
six-month pilot program to test the biometric exit data system
referred to in subsection (a)(2) on non-pedestrian outbound
traffic at not fewer than three land ports of entry with
significant cross-border traffic, including at not fewer than
two land ports of entry on the southern land border and at
least one land port of entry on the northern land border. Such
pilot program may include a consideration of more than one
biometric mode, and shall be implemented to determine the
following:
(A) How a nationwide implementation of such
biometric exit data system at land ports of entry shall
be carried out.
(B) The infrastructure required to carry out
subparagraph (A).
(C) The effects of such pilot program on 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 terrorism.
(F) Its effectiveness in identifying visa holders
who violate the terms of their visas.
(2) At land ports of entry for non-pedestrian 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 Homeland Security
may extend for a single two year period the date
specified in subparagraph (A) if the Secretary
certifies to the Committee on Homeland Security and the
Committee on the Judiciary of the House of
Representatives and the Committee on Homeland Security
and Governmental Affairs and the Committee on the
Judiciary of the Senate that the 15 land ports of entry
that support the highest volume of passenger vehicles,
as determined by available Federal data, do not have
the physical infrastructure or characteristics to
install the systems necessary to implement a biometric
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 pedestrians.--Not later than
five years after the date of the enactment of this Act, the
Secretary of Homeland Security shall expand the biometric exit
data system referred to in subsection (a)(2) to all land ports
of entry, and such system shall apply only in the case of
pedestrians.
(c) Effects on Air, Sea, and Land Transportation.--The Secretary of
Homeland Security, in consultation 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 transportation, while fulfilling
the goals of improving counterterrorism efforts and identifying visa
holders who violate the terms of their visas.
(d) Termination of Proceeding.--Notwithstanding any other provision
of law, the Secretary of Homeland 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 system established
under this section shall--
(1) require that the biometric data that is obtained 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 Terrorism Prevention Act of 2004 (8
U.S.C. 1365b) for the purpose described in paragraph (1); and
(3) be interoperable with, and allow matching against,
other Federal databases that store biometrics of known or
suspected terrorists, and visa holders who have violated the
terms of their visas.
(f) Scope.--
(1) In general.--The biometric exit data system established
under this section shall include a requirement for the
collection of biometric exit data for all categories of
individuals who are required to provide biometric entry data.
(2) Exception.--This section shall not apply in the case of
a citizen of the United States.
(g) Collection of Data.--The Secretary of Homeland Security may not
require any non-Federal person to collect biometric data pursuant to
the biometric exit data system established under this section, except
through a contractual agreement.
(h) Multi-modal Collection.--In carrying out subsections (a)(1) and
(b), the Secretary of Homeland Security shall make every effort to
collect biometric data using additional modes of biometric technology.
(i) Penalties for Failure to Meet Deadlines.--
(1) Biometric exit data system.--If the Secretary fails to
meet any of the following requirements by the applicable
deadline, no political appointee of the Department of Homeland
Security may perform any function described in paragraph (2)
until the Secretary has complied with the requirement:
(A) The submission of the implementation plan under
subsection (a)(1).
(B) The establishment of a biometric exit data
system under subsection (a)(2).
(C) The establishment a six-month pilot program to
test such biometric exit data system under subsection
(b)(1)(A).
(D) The expansion of such biometric exit data
system under subsection (b)(2)(A).
(E) Any extension of the deadline for such
expansion authorized by the Secretary under subsection
(b)(2)(B)(ii).
(2) Functions described.--The functions described in this
subparagraph are each of the following:
(A) Travel using government aircraft.
(B) Receipt of any non-essential training.
(C) Receipt of bonus pay.
(D) Receipt of any salary increase.
(j) Congressional Review.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Homeland Security shall
submit to the Committee on Homeland Security and the Committee on the
Judiciary of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs and the Committee on the Judiciary of
the Senate reports and recommendations of the Department of Homeland
Security Science and Technology Directorate's Air Entry and Exit Re-
Engineering Program and the reports and recommendations of the U.S.
Customs and Border Protection entry and exit mobility program
demonstrations.
SEC. 15. NORTHERN BORDER THREAT ANALYSIS.
(a) In General.--Not later than six months after the date of the
enactment of this Act, the Secretary of Homeland Security shall submit
to the appropriate congressional committees a northern border threat
analysis. Such analysis, at a minimum, shall include the following:
(1) An analysis of current and potential terrorism threats
posed by individuals seeking to enter the United States through
the northern border.
(2) An analysis of improvements needed at ports of entry
along the northern border to prevent terrorists and instruments
of terror from entering the United States.
(3) An analysis of gaps in law, policy, international
agreements, or tribal agreements that hinder the border
security and counter-terrorism efforts along the northern
border.
(4) An analysis of unlawful cross border activity between
ports of entry, including the maritime borders of the Great
Lakes.
(b) Classified Threat Analysis.--The threat analysis required under
subsection (a) may be submitted in classified form, if the Secretary of
Homeland Security determines that such is appropriate.
(c) Required Northern Border Capability Deployment.--Not later than
18 months after the date of the enactment of this Act, the Secretary of
Homeland Security, acting through the appropriate component of the
Department of Homeland Security, shall, at a minimum, deploy to each
sector of the northern border, in a prioritized, risk-based manner, the
following additional capabilities:
(1) Blaine sector.--For the Blaine sector, the following:
(A) Coastal radar surveillance systems.
(B) Mobile vehicle-mounted and man-portable
surveillance systems.
(C) Advanced unattended surveillance sensors.
(D) Improved agent communications capabilities.
(E) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(F) Man-portable unmanned aerial vehicles.
(G) Ultralight aircraft detection capabilities.
(H) Modernized port of entry surveillance
capabilities.
(I) Increased maritime interdiction capabilities.
(2) Spokane sector.--For the Spokane sector, the following:
(A) Mobile vehicle-mounted and man-portable
surveillance systems.
(B) Advanced unattended surveillance sensors.
(C) Improved agent communications capabilities.
(D) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(E) Man-portable unmanned aerial vehicles.
(F) Completion of six miles of the Bog Creek road.
(G) Ultralight aircraft detection capabilities.
(H) Modernized port of entry surveillance
capabilities.
(3) Havre sector.--For the Havre sector, the following:
(A) Mobile vehicle-mounted and man-portable
surveillance systems.
(B) Advanced unattended surveillance sensors.
(C) Improved agent communications capabilities.
(D) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(E) Man-portable unmanned aerial vehicles.
(F) Ultralight aircraft detection capabilities.
(G) Modernized port of entry surveillance
capabilities.
(4) Grand forks sector.--For the Grand Forks sector, the
following:
(A) Mobile vehicle-mounted and man-portable
surveillance systems.
(B) Advanced unattended surveillance sensors.
(C) Improved agent communications capabilities.
(D) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(E) Man-portable unmanned aerial vehicles.
(F) Ultralight aircraft detection capabilities.
(G) Modernized port of entry surveillance
capabilities.
(5) Detroit sector.--For the Detroit sector, the following:
(A) Coastal radar surveillance systems.
(B) Mobile vehicle-mounted and man-portable
surveillance systems.
(C) Advanced unattended surveillance sensors.
(D) Improved agent communications capabilities.
(E) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(F) Man-portable unmanned aerial vehicles.
(G) Ultralight aircraft detection capabilities.
(H) Modernized port of entry surveillance
capabilities.
(I) Increased maritime interdiction capabilities.
(6) Buffalo sector.--For the Buffalo sector, the following:
(A) Coastal radar surveillance systems.
(B) Mobile vehicle-mounted and man-portable
surveillance systems.
(C) Advanced unattended surveillance sensors.
(D) Improved agent communications capabilities.
(E) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(F) Man-portable unmanned aerial vehicles.
(G) Ultralight aircraft detection capabilities.
(H) Modernized port of entry surveillance
capabilities.
(I) Increased maritime interdiction capabilities.
(7) Swanton sector.--For the Swanton sector, the following:
(A) Mobile vehicle-mounted and man-portable
surveillance systems.
(B) Advanced unattended surveillance sensors.
(C) Improved agent communications capabilities.
(D) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(E) Man-portable unmanned aerial vehicles.
(F) Ultralight aircraft detection capabilities.
(G) Modernized port of entry surveillance
capabilities.
(8) Houlton sector.--For the Houlton sector, the following:
(A) Mobile vehicle-mounted and man-portable
surveillance systems.
(B) Advanced unattended surveillance sensors.
(C) Improved agent communications capabilities.
(D) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(E) Man-portable unmanned aerial vehicles.
(F) Ultralight aircraft detection capabilities.
(G) Modernized port of entry surveillance
capabilities.
(d) Adherence to Certain Standards.--The Under Secretary for
Management of the Department of Homeland Security, in coordination with
the Assistant Commissioner of the Office of Administration of U.S.
Customs and Border Protection, shall ensure component program managers
who are responsible for carrying out this section adhere to internal
control standards identified by the Comptroller General of the United
States. The Assistant Commissioner shall provide information, as
needed, to assist the Under Secretary for Management in monitoring
proper program management of border security programs carried out
pursuant to this section.
SEC. 16. OPERATION STONEGARDEN PROGRAM.
(a) In General.--Title XX of the Homeland Security Act of 2002 (6
U.S.C. 601 et seq.) is amended by adding the following new subtitle:
``Subtitle C--Other Grant Programs
``SEC. 2031. OPERATION STONEGARDEN.
``(a) Establishment.--There is established in the Department a
program to be known as `Operation Stonegarden'. Under such program, the
Secretary, acting through the Administrator, shall make grants to
eligible law enforcement agencies to enhance border security in
accordance with this section.
``(b) Eligible Recipients.--To be eligible to receive a grant under
this section, a law enforcement agency shall--
``(1) be located in--
``(A) a State bordering either Canada or Mexico; or
``(B) a State or territory with a maritime border;
and
``(2) be involved in an active ongoing U.S. Customs and
Border Protection operation coordinated through a sector
office.
``(c) Permitted Uses.--The recipient of a grant under this section
may use the grant for any of the following activities:
``(1) Equipment, including maintenance and sustainment
costs.
``(2) Personnel, including overtime and backfill, in
support of enhanced border law enforcement activities.
``(3) Any activity permitted under the Department of
Homeland Security's Fiscal Year 2014 Funding Opportunity
Announcement for Operation Stonegarden.
``(4) Any other appropriate activity, as determined by the
Administrator.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated $110,000,000 for each of fiscal years 2015 through 2019
for grants under this section.
``(e) Report.--The Administrator shall annually submit to the
Committee on Homeland Security and Governmental Affairs of the Senate
and the Committee on Homeland Security of the House of Representatives
a report containing information on the expenditure of grants made under
this section by each grant recipient.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by inserting after the items relating to subtitle B
of title XX the following new items:
``Subtitle C--Other Grant Programs
``Sec. 2031. Operation Stonegarden.''.
SEC. 17. SALE OR DONATION OF EXCESS PERSONAL PROPERTY FOR BORDER
SECURITY ACTIVITIES.
Section 2576a of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)(A), by striking ``counter-drug
and counter-terrorism activities'' and inserting
``counterdrug, counterterrorism, and border security
activities''; and
(B) in paragraph (2), by striking ``the Attorney
General and the Director of National Drug Control
Policy'' and inserting ``the Attorney General, the
Director of National Drug Control Policy, and the
Secretary of Homeland Security, as appropriate.''; and
(2) in subsection (d), by striking ``counter-drug or
counter-terrorism activities'' and inserting ``counterdrug,
counterterrorism, or border security activities''.
SEC. 18. REIMBURSEMENT OF STATES FOR DEPLOYMENT OF NATIONAL GUARD TO
THE SOUTHERN LAND BORDER.
Of the amounts authorized to be appropriate pursuant to section 21,
not more than $35,000,000 may be used for any fiscal year to reimburse
States for the cost of the deployment of any units or personnel of the
National Guard to perform operations and missions under State Active
Duty status in support of a southern land border mission.
SEC. 19. OPERATION OF THE BORDER PATROL.
The Border Patrol shall operate using intelligence-based operations
to combat terrorist and transnational criminal threats along the
international borders of the United States. In carrying out this
section, the Border Patrol shall coordinate with international,
Federal, State, local, and tribal law enforcement partners.
SEC. 20. DEFINITIONS.
In this Act:
(1) Advanced unattended surveillance sensors.--The term
``advanced unattended surveillance sensors'' means sensors that
utilize an onboard computer to analyze detections in an effort
to discern between vehicles, humans, and animals, and
ultimately filter false positives prior to transmission.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate.
(3) Cocaine removal effectiveness rate.--The term ``cocaine
removal effectiveness rate'' means the percentage that results
from dividing the amount of cocaine removed by the Department
of Homeland Security's maritime security components inside or
outside a transit zone, as the case may be, by the total
documented cocaine flow rate as contained in Federal drug
databases.
(4) Consequence delivery system.--The term ``Consequence
Delivery System'' means the series of consequences applied to
persons unlawfully entering the United States by the Border
Patrol to prevent unlawful border crossing recidivism.
(5) Got away.--The term ``got away'' means an unlawful
border crosser who, after making an unlawful entry into the
United States, is not turned back or apprehended.
(6) High traffic areas.--The term ``high traffic areas''
means sectors along the northern and southern land borders of
the United States that are within the responsibility of the
Border Patrol that have significant unlawful cross-border
activity, informed through situational awareness.
(7) Unlawful border crossing effectiveness rate.--The term
``unlawful border crossing effectiveness rate'' means the
percentage that results from dividing the number of
apprehensions and turn backs by the number of apprehensions,
turn backs, and got aways. The data used by the Secretary of
Homeland Security to determine such rate shall be collected and
reported in a consistent and standardized manner across all
Border Patrol sectors, informed by situational awareness.
(8) Major violator.--The term ``major violator'' means a
person or entity that has engaged in serious criminal
activities at any land, air, or sea port of entry, including
possession of illicit drugs, smuggling of prohibited products,
human smuggling, weapons possession, use of fraudulent United
States documents, or other offenses serious enough to result in
arrest.
(9) Operational control.--The term ``operational control''
has the meaning given such term in section 2(b) of the Secure
Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367).
(10) Situational awareness.--The term ``situational
awareness'' means knowledge and an understanding of current
unlawful cross-border activity, including cross-border threats
and trends concerning illicit trafficking and unlawful
crossings along the international borders of the United States,
the ability to forecast future shifts in such threats and
trends, and the operational capability to conduct continuous
and integrated surveillance of the international borders of the
United States.
(11) Transit zone.--The term ``transit zone'' means the sea
corridors of the western Atlantic Ocean, the Gulf of Mexico,
the Caribbean Sea, and the eastern Pacific Ocean through which
undocumented migrants and illicit drugs transit, either
directly or indirectly, to the United States.
(12) Turn back.--The term ``turn back'' means an unlawful
border crosser who, after making an unlawful entry into the
United States, returns to the country from which such crosser
entered.
SEC. 21. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for each of fiscal years
2016 through 2025 $1,000,000,000 to carry out this Act and the
amendments made by this Act.
Union Calendar No. 6
114th CONGRESS
1st Session
H. R. 399
[Report No. 114-10, Part I]
_______________________________________________________________________
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.
_______________________________________________________________________
January 27, 2015
Reported from the Committee on Homeland Security with an amendment
January 27, 2015
The Committees on Armed Services, Natural Resources, and Agriculture
discharged; committed to the Committee of the Whole House on the State
of the Union and ordered to be printed