,,ii #aadth ,,congress #ast ,session ,s4 #bjh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #ba1 #bjae,mr4 ,johnson 7for himself1 ,mr4 ,cornyn1 ,mr4 ,flake1 and ,mr4 ,mc,cain7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to require the ,secretary of ,homeland ,security to gain and maintain operational control of the international borders of the ,united ,states1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,secure the ,border ,first ,act of #bjae4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,reports on current border security status4 ,sec4 #c4 ,operational control of the border4 ,sec4 #d4 ,establishment of ,border ,security ,verification ,commission4 ,sec4 #e4 ,required consequence4 ,sec4 #f4 ,tactical flexibility4 ,sec4 #g4 ,deployment of certain aviation assets to the southern land border4 ,sec4 #h4 ,u4,s4 ,customs and ,border ,protection officer and agent authorization4 ,sec4 #i4 ,office of ,air and ,marine flight hours4 ,sec4 #aj4 ,air and ,marine prioritization4 ,sec4 #aa4 ,border ,patrol flexibility4 ,sec4 #ab4 ,prohibition on actions that impede border security on certain ,federal land4 ,sec4 #ac4 ,biometric exit data system4 ,sec4 #ad4 ,northern border threat analysis4 ,sec4 #ae4 ,operation ,stonegarden program4 ,sec4 #af4 ,sale or donation of excess personal property for border security activities4 ,sec4 #ag4 ,reimbursement of ,states for deployment of ,national ,guard to the southern border4 ,sec4 #ah4 ,u4,s4 ,customs and ,border ,protection personnel4 ,sec4 #ai4 ,cross-border trade enhancement4 ,sec4 #bj4 ,implementation of ,government ,accountability ,office findings4 ,sec4 #ba4 ,authority to enter into agreements for the provision of certain services at land border ports of entry4 ,sec4 #bb4 ,definitions4 ,sec4 #bc4 ,authorization of appropriations4 #b4 ,reports on current border security status 7a7 ,in general 7#a7 ,reports ,the ,secretary of ,homeland ,security shall submit to the appropriate congressional committees1 the ,border ,security ,verification ,commission 7,,bsvc71 and the ,government ,accountability ,office reports that assess and describe the state of situational awareness and operational control along the northern and southern borders of the ,united ,states4 ,such reports shall include an identification of the high traffic areas and the unlawful border crossing effectiveness rate for each sector along the northern and southern borders of the ,united ,states that are within the responsibility of the ,border ,patrol4 7#b7 ,deadlines ,the reports required under paragraph 7#a7 shall be submitted as follows3 7,a7 ,the first such report shall be submitted by not later than #cj days after the date of the enactment of this ,act4 7,b7 ,during the two-year period beginning on the date of the submission of such first report1 such reports shall be submitted every #ahj days4 7,c7 ,during the period beginning on the date that is #ahj days after the date of the submission of last report under subparagraph 7,b71 such reports shall be submitted every #cfj days4 7b7 ,,gao report ,not later than #ij days after receiving the initial report required under subsection 7a71 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 rate4 #c4 ,operational control of the border 7a7 ,securing the border ,the ,secretary of ,homeland ,security shall gain and maintain situational awareness1 and operational control of high traffic areas1 by the date that is not later than two years after the date of the enactment of this ,act1 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 enactment4 7b7 ,required capability deployment ,not later than one year after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security1 acting through the appropriate component of the ,department of ,homeland ,security1 shall1 at a minimum1 deploy to each sector or region1 as the case may be1 of the southern border1 in a prioritized1 risk-based manner to achieve situational awareness and operational control of the border the following additional capabilities3 7#a7 ,san ,diego sector ,for the ,san ,diego sector1 the following3 7,a7 ,subterranean surveillance and detection technologies4 7,b7 ,to increase coastal maritime domain awareness1 the following3 7i7 ,deployable1 lighter than air surface surveillance equipment4 7ii7 ,unmanned aerial vehicles with maritime surveillance capability4 7iii7 ,maritime patrol aircraft4 7iv7 ,coastal radar surveillance systems4 7v7 ,maritime signals intelligence capabilities4 7,c7 ,ultralight aircraft detection capabilities4 7,d7 ,advanced unattended surveillance sensors4 7#b7 ,el ,centro sector ,for the ,el ,centro sector1 the following3 7,a7 ,tower-based surveillance technology4 7,b7 ,deployable1 lighter than air ground surveillance equipment4 7,c7 ,man-portable unmanned aerial vehicles4 7,d7 ,ultralight aircraft detection capabilities4 7,e7 ,advanced unattended surveillance sensors4 7#c7 ,yuma sector ,for the ,yuma sector1 the following3 7,a7 ,tower-based surveillance technology4 7,b7 ,mobile vehicle-mounted and man-portable surveillance systems4 7,c7 ,deployable1 lighter-than-air ground surveillance equipment4 7,d7 ,ultralight aircraft detection capabilities4 7,e7 ,advanced unattended surveillance sensors4 7#d7 ,tucson sector ,for the ,tucson sector1 the following3 7,a7 ,increased flight hours for aerial detection1 interdiction1 and monitoring operations capability4 7,b7 ,man-portable unmanned aerial vehicles4 7,c7 ,tower-based surveillance technology4 7,d7 ,ultralight aircraft detection capabilities4 7,e7 ,advanced unattended surveillance sensors4 7,f7 ,deployable1 lighter than air ground surveillance equipment4 7#e7 ,el ,paso sector ,for the ,el ,paso sector1 the following3 7,a7 ,tower-based surveillance technology4 7,b7 ,ultralight aircraft detection capabilities4 7,c7 ,advanced unattended surveillance sensors4 7,d7 ,mobile vehicle-mounted and man-portable surveillance systems4 7,e7 ,deployable1 lighter than air ground surveillance equipment4 7#f7 ,big ,bend sector ,for the ,big ,bend sector1 the following3 7,a7 ,tower-based surveillance technology4 7,b7 ,deployable1 lighter than air ground surveillance equipment4 7,c7 ,improved agent communications capabilities4 7,d7 ,ultralight aircraft detection capabilities4 7,e7 ,advanced unattended surveillance sensors4 7#g7 ,del ,rio sector ,for the ,del ,rio sector1 the following3 7,a7 ,increased monitoring for cross-river dams1 culverts1 and footpaths4 7,b7 ,improved agent communications capabilities4 7,c7 ,improved maritime capabilities in the ,amistad ,recreation ,area4 7,d7 ,advanced unattended surveillance sensors4 7#h7 ,laredo sector ,for the ,laredo sector1 the following3 7,a7 ,maritime detection resources for ,falcon ,lake region4 7,b7 ,increased flight hours for aerial detection1 interdiction1 and monitoring operations capability4 7,c7 ,increased monitoring for cross-river dams1 culverts1 and footpaths4 7,d7 ,ultralight aircraft detection capability4 7,e7 ,advanced unattended surveillance sensors4 7#i7 ,rio ,grande ,valley sector ,for the ,rio ,grande ,valley sector1 the following3 7,a7 ,deployable1 lighter than air ground surveillance equipment4 7,b7 ,increased flight hours for aerial detection1 interdiction and monitoring operations capability4 7,c7 ,ultralight aircraft detection capability4 7,d7 ,advanced unattended surveillance sensors4 7,e7 ,increased monitoring for cross-river dams1 culverts1 footpaths4 7#aj7 ,eastern ,pacific ,maritime region ,for the ,eastern ,pacific ,maritime region1 the following3 7,a7 ,increased cutter and boat hours and operation platforms to conduct interdiction operations4 7,b7 ,increased maritime signals intelligence capabilities4 7,c7 ,to increase maritime domain awareness1 the following3 7i7 ,deployable1 lighter than air surface surveillance equipment4 7ii7 ,unmanned aerial vehicles with maritime surveillance capability4 7iii7 ,increased maritime aviation patrol hours4 7iv7 ,coastal radar surveillance systems4 7,d7 ,increased operational hours for maritime security components dedicated to joint counter-smuggling and interdiction efforts with other ,federal agencies1 including the ,joint ,interagency ,task ,forces1 and the ,united ,states ,coast ,guard ,deployable ,specialized ,forces4 7#aa7 ,caribbean and ,gulf ,maritime region ,for the ,caribbean and ,gulf ,maritime region1 the following3 7,a7 ,increased cutter and boat hours and operation platforms to conduct interdiction operations4 7,b7 ,increased maritime signals intelligence capabilities4 7,c7 ,increased maritime domain awareness and surveillance capabilities1 including the following3 7i7 ,deployable1 lighter than air surface surveillance equipment4 7ii7 ,unmanned aerial vehicles with maritime surveillance capability4 7iii7 ,increased maritime aviation patrol hours4 7iv7 ,coastal radar surveillance systems4 7,d7 ,increased operational hours for maritime security components dedicated to joint counter-smuggling and interdiction efforts with other ,federal agencies1 including the ,joint ,interagency ,task ,forces1 and the ,united ,states ,coast ,guard ,deployable ,specialized ,forces4 7c7 ,fencing and infrastructure 7#a7 ,new fencing ,not later than #ah months after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall construct1 at a minimum1 each of the following3 7,a7 ,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 ,act4 7,b7 ,ten miles of double layer pedestrian fencing in the ,border ,patrol's ,tucson sector in addition to such fencing in existence as of the date of the enactment of this ,act4 7,c7 ,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 ,act4 7#b7 ,fence repair and replacement ,not later than #ah months after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall replace1 at a minimum1 each of the following3 7,a7 ,thirty-one miles of landing mat fencing with bollard style fencing in the ,border ,patrol's ,san ,diego sector4 7,b7 ,five miles of landing mat fencing with bollard style fencing in the ,border ,patrol's ,el ,centro sector4 7,c7 ,three miles of landing mat fencing with bollard style fencing in the ,border ,patrol's ,yuma sector4 7,d7 ,twenty-five miles of landing mat fencing with bollard style fencing in the ,border ,patrol's ,tucson sector4 7,e7 ,two miles of landing mat fencing with bollard style fencing in the ,border ,patrol's ,el ,paso sector4 7#c7 ,road construction ,not later than #ah months after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall complete1 at a minimum1 each of the following road construction projects to allow greater access for the ,border ,patrol3 7,a7 ,seven miles of road construction in the ,border ,patrol's ,san ,diego sector4 7,b7 ,ten miles of road construction in the ,border ,patrol's ,el ,centro sector4 7,c7 ,sixteen miles of road construction in the ,border ,patrol's ,yuma sector4 7,d7 ,fifty-four miles of road construction in the ,border ,patrol's ,tucson sector4 7,e7 ,one hundred ninety-two miles of road construction in the ,border ,patrol's ,big ,bend sector4 7,f7 ,two miles of road construction in the ,border ,patrol's ,el ,paso sector4 7,g7 ,forty-two miles of road construction in the ,border ,patrol's ,del ,rio sector4 7,h7 ,sixty-five miles of road construction in the ,border ,patrol's ,laredo sector4 7,i7 ,fifteen miles of road construction in the ,border ,patrol's ,rio ,grande ,valley sector4 7#d7 ,road maintenance ,not later than #ah months after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall complete1 at a minimum1 each of the following3 7,a7 ,thirty-seven miles of road maintenance in the ,border ,patrol's ,san ,diego sector4 7,b7 ,one thousand two hundred miles of road maintenance in the ,border ,patrol's ,del ,rio sector4 7,c7 ,twenty-six miles of road maintenance in the ,border ,patrol's ,laredo sector4 7,d7 ,ninety-four miles of road maintenance in the ,border ,patrol's ,rio ,grande ,valley sector4 7#e7 ,new vehicle fence ,not later than one year after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall complete six miles of vehicle fencing in the ,border ,patrol's ,big ,bend sector in addition to such fencing in existence of as of the date of the enactment of this ,act4 7#f7 ,vehicle fence replacement ,not later than one year after the date of the enactment of this ,act1 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 ,act4 7#g7 ,boat ramps ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall complete1 at a minimum1 the construction of each of the following3 7,a7 ,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 ,act4 7,b7 ,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 ,act4 7,c7 ,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 ,act4 7#h7 ,access gates ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall construct #cd 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 ,act4 7#i7 ,forward operating bases ,not later than one year after the date of enactment of this ,act1 the ,secretary of ,homeland ,security shall complete1 at a minimum1 construction of each of the following3 7,a7 ,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 ,act4 7,b7 ,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 ,act4 7,c7 ,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 ,act4 7,d7 ,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 ,act4 7,e7 ,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 ,act4 7,f7 ,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 ,act4 7#aj7 ,roads ,the roads referred to in paragraphs 7#c7 and 7#d7 shall include border roads1 patrol roads1 access roads1 and ,federal1 ,state1 local1 and privately owned roads4 7#aa7 ,minimum forward operating base requirements ,the forward operating bases referred to in paragraph 7#i7 shall be equipped with each of the following3 7,a7 ,perimeter security4 7,b7 ,temporary detention space4 7,c7 ,an interview room4 7,d7 ,water4 7,e7 ,power4 7,f7 ,adequate communications1 including local area network connectivity4 7,g7 ,helicopter landing zone4 7d7 ,carrizo cane eradication 7#a7 ,findings ,congress makes the following findings3 7,a7 ,carrizo cane is a non-native1 invasive plant growing along the ,rio ,grande ,river in ,texas1 with heights of up to #bg feet tall4 7,b7 ,according to ,u4,s4 ,customs and ,border ,protection1 the ,carrizo cane plant causes serious officer safety issues and operational concerns because it hampers enforcement along the ,rio ,grande river4 ,the plant also provides concealment to criminals1 drug smugglers1 illegal aliens1 and potential terrorists who could use it as an advantage to enter the ,unites ,states illegally4 ,the obvious officer safety hazards created by this situation are of grave concern to the ,border ,patrol and need to be remedied4 7#b7 ,eradication ,the ,chief of the ,border ,patrol shall coordinate with the heads of each relevant ,federal and ,state agency to eradicate1 to the greatest extent practicable1 the ,carrizo cane plant along the ,rio ,grande ,river4 7e7 ,consultation ,the ,secretary of ,homeland ,security shall consult with the governors of each southern border ,state1 including southern border maritime ,states1 representatives of the ,border ,patrol and ,u4,s4 ,customs and ,border ,protection1 and relevant ,federal1 ,state1 local1 and tribal agencies that have jurisdiction on the southern border1 or in the maritime environment1 to develop the operational plan required under subsection 7f7 and the metrics required under subsections 7h71 7i71 7j71 and 7k74 7f7 ,operational plan 7#a7 ,in general ,not later than #abj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall submit to the appropriate congressional committees1 the ,,bsvc1 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 awareness1 operational control of high traffic areas1 and operational control along the southern land border of the ,united ,states by the dates1 respectively1 referred to in subsection 7a74 7#b7 ,contents of plan ,the plan required under paragraph 7#a7 shall include the following3 7,a7 ,an assessment of principal border security threats1 including threats relating to the smuggling and trafficking of humans1 weapons1 and illicit drugs4 7,b7 ,a description of the required capability deployment under subsection 7b74 7,c7 ,a plan to analyze and disseminate border security and border threat information among the border security components of the ,department of ,homeland ,security1 and between the ,department and other appropriate ,federal departments and agencies with missions associated with the border4 7,d7 ,a plan to achieve situational awareness using the capabilities deployed under subsection 7b74 7,e7 ,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 ,act4 7,f7 ,a plan to eradicate the ,carrizo cane plant1 as required under subsection 7d74 7,g7 ,lessons learned from ,operation ,jumpstart and ,operation ,phalanx4 7,h7 ,a description of border security information received from consultation with border community stakeholders1 including representatives from agricultural and ranching organizations and business and civic organizations along the northern or southern border4 7,i7 ,a description of the staffing requirements for all border security functions of the border security components of the ,department of ,homeland ,security4 7,j7 ,a prioritized list of research and development objectives to enhance the security of the international land and maritime borders of the ,united ,states4 7,k7 ,an assessment of the relationship between border security operations and crossing times4 7,l7 ,metrics required under subsections 7h71 7i71 7j71 and 7k74 7,m7 ,an integrated master schedule and cost estimate1 including lifecycle costs1 for the activities contained in such operational plan4 7,n7 ,a documented justification and rationale for technology choices4 7,o7 ,deployment locations4 7,p7 ,a timetable for procurement and deployment4 7,q7 ,estimates of operation and maintenance costs4 7,r7 ,an identification of any impediments to the deployment of such technologies4 7#c7 ,classified assessment ,the assessment required to be included in the report under paragraph 7#b77;,a7 may be submitted in classified form1 if the ,secretary of ,homeland ,security determines that such is appropriate4 7#d7 ,implementation 7,a7 ,in general ,the ,secretary of ,homeland ,security shall commence the implementation of the operational plan under paragraph 7#a7 not later than #cj days after the submission to the appropriate congressional committees of the report by the ,comptroller ,general of the ,united ,states under subparagraph 7,c74 7,b7 ,comptroller ,general review ,not later than #ij days after receiving the operational plan under paragraph 7#a71 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 7#a7 and such congressional justification4 7g7 ,periodic updates ,not later than #ahj days after the submission of each ,quadrennial ,homeland ,security ,review required under section #gjg of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cdg7 beginning with the first such ,review that is due after the operational plan is submitted under subsection 7f71 the ,secretary of ,homeland ,security shall submit to the appropriate congressional committees1 the ,,bsvc1 and the ,comptroller ,general of the ,united ,states an updated operational plan under paragraph 7#a7 of subsection 7f74 7h7 ,metrics for securing the border between ports of entry 7#a7 ,in general ,not later than #abj days after the date of the enactment of this ,act and an annually thereafter1 the ,chief of the ,border ,patrol shall develop metrics1 informed by situational awareness1 to measure the effectiveness of security between ports of entry1 which shall include1 at a minimum1 the following3 7,a7 ,an unlawful border crossing effectiveness rate1 informed by situational awareness4 7,b7 ,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 7,a74 7,c7 ,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 years4 7,d7 ,a situational awareness achievement metric that measures the amount of situational awareness achieved in each ,border ,patrol sector4 7,e7 ,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 years4 7,f7 ,in consultation the ,office of ,national ,drug ,control ,policy and the ,united ,states ,southern ,command1 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 border4 7,g7 ,estimates1 using alternative methodologies1 including recidivism data1 survey data1 known-flow data1 and technologically measured data1 of total attempted unlawful border crossings1 the rate of apprehension of attempted unlawful border crossers1 and the inflow into the ,united ,states of unlawful border crossers who evade apprehension4 7,h7 ,estimates of the impact of the ,border ,patrol's ,consequence ,delivery ,system on the rate of recidivism of unlawful border crossers4 7#b7 ,metrics consultation ,in developing the metrics required under paragraph 7#a71 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 ,security4 ,such staff members may not be political appointees4 7#c7 ,metrics not reviewable ,the metrics required under paragraph 7#a7 may not be reviewed or otherwise amended by the ,president1 any staff employed by the ,executive ,office of the ,president1 the ,secretary of ,homeland ,security1 the ,deputy ,secretary of ,homeland ,security1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 or the ,deputy ,commissioner of ,u4,s4 ,customs and ,border ,protection before the submission of such metrics to the appropriate congressional committees1 the ,,bsvc1 and ,comptroller ,general of the ,united ,states1 as required under subsection 7m74 ,the prohibition described in this paragraph does not apply to the ,office of ,national ,drug ,control ,policy4 7i7 ,metrics for securing the border at ports of entry 7#a7 ,in general ,not later than #abj days after the date of the enactment of this ,act and annually thereafter1 the ,assistant ,commissioner for the ,office of ,field ,operations in ,u4,s4 ,customs and ,border ,protection shall develop metrics1 informed by situational awareness1 to measure the effectiveness of security at ports of entry1 which shall include1 at a minimum1 the following3 7,a7 ,an inadmissible border crossing rate which measures the number of known inadmissible border crossers who are denied entry1 excluding those border crossers who voluntarily withdraw their applications for admission1 divided by the total estimated number of inadmissible border crossers who attempt entry4 7,b7 ,an illicit drugs seizure rate which measures the amount and type of illicit drugs seized by the ,office of ,field ,operations of ,u4,s4 ,customs and ,border ,protection in any fiscal year compared to an average of the amount and type of illicit drugs seized by ,u4,s4 ,customs and ,border ,protection for the immediately preceding five fiscal years4 7,c7 ,in consultation with the ,office of ,national ,drug ,control ,policy and the ,united ,states ,southern ,command1 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 ,u4,s4 ,customs and ,border ,protection by the total documented cocaine flow rate at ports of entry along the southern land border4 7,d7 ,estimates1 using alternative methodologies1 including survey data and randomized secondary screening data1 of total attempted inadmissible border crossers1 the rate of apprehension of attempted inadmissible border crossers1 and the inflow into the ,united ,states of inadmissible border crossers who evade apprehension4 7,e7 ,the number of infractions related to personnel and cargo committed by major violators who are apprehended by the ,office of ,field ,operations of ,u4,s4 ,customs and ,border ,protection at ports of entry1 and the estimated number of such infractions committed by major violators who are not apprehended4 7,f7 ,a measurement of how border security operations affect crossing times4 7#b7 ,metrics consultation ,in developing the metrics required under paragraph 7#a71 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 ,security4 ,such staff members may not be political appointees4 7#c7 ,metrics not reviewable ,the metrics required under paragraph 7#a7 may not be reviewed or otherwise amended by the ,president1 any staff employed by the ,executive ,office of the ,president1 the ,secretary of ,homeland ,security1 the ,deputy ,secretary of ,homeland ,security1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 or the ,deputy ,commissioner of ,u4,s4 ,customs and ,border ,protection before the submission of such metrics to the appropriate congressional committees1 the ,,bsvc1 and the ,comptroller ,general of the ,united ,states1 as required under subsection 7m74 ,the prohibition described in this paragraph does not apply to the ,office of ,national ,drug ,control ,policy4 7j7 ,metrics for securing the maritime border 7#a7 ,in general ,not later than #abj days after the date of the enactment of this ,act and annually thereafter1 the ,commandant of the ,united ,states ,coast ,guard and the ,assistant ,commissioner for the ,office of ,air and ,marine for ,u4,s4 ,customs and ,border ,protection shall jointly implement metrics1 informed by situational awareness1 to measure the effectiveness of security in the maritime environment1 which shall include1 at a minimum1 the following3 7,a7 ,an estimate of the total number of undocumented migrants the ,department of ,homeland ,security's maritime security components fail to interdict4 7,b7 ,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 interdict4 7,c7 ,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 years4 7,d7 ,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 years4 7,e7 ,a cocaine removal effectiveness rate inside a transit zone4 7,f7 ,a cocaine removal effectiveness rate outside a transit zone4 7,g7 ,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 threats1 both inside and outside a transit zone1 by placing assets on-scene1 compared to the total number of events with respect to which the ,department has known threat information4 7#b7 ,metrics consultation ,in developing the metrics required under paragraph 7#a71 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 ,security4 ,such staff members may not be political appointees4 7#c7 ,metrics not reviewable ,the metrics required under paragraph 7#a7 may not be reviewed or otherwise amended by the ,president1 any staff employed by the ,executive ,office of the ,president1 the ,secretary of ,homeland ,security1 the ,deputy ,secretary of ,homeland ,security1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 or the ,deputy ,commissioner of ,u4,s4 ,customs and ,border ,protection before the submission of such metrics to the appropriate congressional committees1 the ,,bsvc1 and the ,comptroller ,general of the ,united ,states1 as required under subsection 7m74 ,the prohibition described in this paragraph does not apply to the ,office of ,national ,drug ,control ,policy4 7k7 ,air and marine security metrics in the land domain 7#a7 ,in general ,not later than #abj days after the date of the enactment of this ,act and annually thereafter1 the ,assistant ,commissioner for the ,office of ,air and ,marine for ,u4,s4 ,customs and ,border ,protection shall implement metrics1 informed by situational awareness1 to measure the effectiveness of security in the aviation environment1 which shall include1 at a minimum1 the following3 7,a7 ,a requirement effectiveness rate which measures ,u4,s4 ,customs and ,border ,protection's ,office of ,air and ,marine flight hours requirements against the number of flight hours actually flown by such ,office4 7,b7 ,a funded flight hours effectiveness rate which measures the number of funded flight hours appropriated to ,u4,s4 ,customs and ,border ,protection's ,office of ,air and ,marine against the number of actual flight hours flown by such ,office4 7,c7 ,a readiness rate which measures the number of aviation missions flown by ,u4,s4 ,customs and ,border ,protection's ,office of ,air and ,marine against the number of aviation missions cancelled by such ,office due to weather1 maintenance1 operations1 or other causes4 7,d7 ,the number of subjects detected by ,u4,s4 ,customs and ,border ,protection's ,office of ,air and ,marine through the use of unmanned aerial systems4 7,e7 ,the number of apprehensions assisted by ,u4,s4 ,customs and ,border ,protection's ,office of ,air and ,marine through the use of unmanned aerial systems4 7,f7 ,the number and quantity of illicit drug seizures assisted by ,u4,s4 ,customs and ,border ,protection's ,office of ,air and ,marine through the use of unmanned aerial systems4 7#b7 ,metrics consultation ,in developing the metrics required under paragraph 7#a71 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 ,security4 ,such staff members may not be political appointees4 7#c7 ,metrics not reviewable ,the metrics required under paragraph 7#a7 may not be reviewed or otherwise amended by the ,president1 any staff employed by the ,executive ,office of the ,president1 the ,secretary of ,homeland ,security1 the ,deputy ,secretary of ,homeland ,security1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 or the ,deputy ,commissioner of ,u4,s4 ,customs and ,border ,protection before the submission to the appropriate congressional committees1 the ,,bsvc1 and the ,comptroller ,general of the ,united ,states1 as required under subsection 7m74 ,the prohibition described in this paragraph does not apply to the ,office of ,national ,drug ,control ,policy4 7l7 ,penalties for ,failure ,to ,submit ,metrics 7#a7 ,in general ,if any of the officials referred to in subsection 7h71 7i71 7j71 or 7k7 fail to meet any of the deadlines required under any of such subsections1 no political appointee of the ,department of ,homeland ,security may perform any function described in paragraph 7#b7 until all such officials have meet all of such deadlines4 7#b7 ,functions described ,the functions described in this paragraph are the following3 7,a7 ,travel using ,government aircraft4 7,b7 ,receipt of any non-essential training4 7,c7 ,receipt of bonus pay1 excluding overtime pay4 7,d7 ,receipt of any salary increase4 7m7 ,evaluation by the ,government ,accountability ,office 7#a7 ,in general ,the metrics required under subsections 7h71 7i71 7j71 and 7k7 shall be made available to the appropriate congressional committees1 the ,,bsvc1 and the ,comptroller ,general of the ,united ,states1 together with the data and methodology used to develop such metrics4 7#b7 ,report ,not later than #bgj days after receiving the data and methodology referred to in paragraph 7#a71 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 methodology1 and shall make recommendations to the ,secretary of ,homeland ,security for other suitable metrics that may be used to measure the effectiveness of border security4 ,such report shall inform the ,,bsvc in reviewing the notifications required under subsection 7n77#b74 7n7 ,,bsvc certification of metrics and operational control 7#a7 ,secretary of ,homeland ,security notifications 7,a7 ,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 ,act1 the ,secretary shall1 under penalty of perjury1 submit to the appropriate congressional committees and the ,,bsvc a notification that so attests4 7,b7 ,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 ,act1 the ,secretary shall1 under penalty of perjury1 submit to the appropriate congressional committees and the ,,bsvc a notification that so attests4 7,c7 ,annual updates ,every year beginning with the year after the ,secretary of ,homeland ,security submits the notification under subparagraph 7,b71 if the ,secretary determines that operational control along the southern land border of the ,united ,states is being maintained1 the ,secretary shall submit to the appropriate congressional committees and the ,,bsvc a notification that so attests4 7#b7 ,,bsvc certification 7,a7 ,operational control reviews ,the ,,bsvc shall review the notifications of the ,secretary of ,homeland ,security under subparagraphs 7,a71 7,b71 and 7,c7 of paragraph 7#a7 to assess such notifications relating to the achievement of situational awareness1 operational control1 or both1 as the case may be1 in accordance with such subparagraphs4 7,b7 ,review of metrics ,beginning with the second annual submission of each of the metrics required under subsection 7m7 and pursuant to subsections 7h71 7i71 7j71 and 7k7 and annually thereafter until the termination of the ,,bsvc under section #d7q71 the ,,bsvc shall review such metrics to assess the statistical validity and methodology of the data used to implement such metrics4 7,c7 ,reports 7i7 ,operational control ,not later than #abj days after conducting a review described in subparagraph 7,a71 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 reviewed1 in accordance with subparagraph 7,d74 7ii7 ,operational control not achieved ,if the ,,bsvc determines that any notification required under subparagraph 7,a71 7,b71 or 7,c7 of paragraph 7#a7 is not accurate1 the ,,bsvc shall include in the report under clause 7i7 an explanation of why situational awareness1 operational control1 or both1 as the case may be1 was not achieved4 ,such explanation shall include1 at a minimum-- 7,i7 impediments incurred2 7,,ii7 potential remedies2 and 7,,iii7 recommendations to achieve situational awareness1 operational control1 or both1 as the case may be4 7iii7 ,metrics ,not later than #abj days after conducting a review described in subparagraph 7,b71 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 7h71 7i71 7j71 and 7k74 7,d7 ,operational control certification 7i7 ,in general ,for purposes of subparagraph 7,c77i71 the ,,bsvc shall certify the accuracy of a notification of the ,secretary if four members of the ,,bsvc vote that such certification is accurate4 7ii7 ,public voting ,a vote referred to under clause 7i7 shall be conducted in public4 7iii7 ,consultation ,before conducting a vote referred to in clause 7i71 the ,,bsvc shall consult with the governors of each southern border ,state1 representatives of the ,national ,border ,patrol ,council1 and relevant ,state and local government agencies that have jurisdiction on the southern border4 7,e7 ,metrics determination ,for purposes of subparagraph 7,c77iii71 the ,,bsvc shall concur in the accuracy of the metrics required under subsections 7h71 7i71 7j71 and 7k7 if four members of the ,,bsvc vote that such certification is accurate4 7o7 ,failure ,to ,achieve ,operational ,control 7#a7 ,penalties 7,a7 ,in general ,if the ,secretary of ,homeland ,security determines that situational awareness1 operational control1 or both1 as the case may be1 has not been achieved by the dates referred to in subsection 7n77#a7 7and thus fails to submit a notification to the ,,bsvc71 or if the ,,bsvc determines pursuant to subsection 7n77#b7 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 border by such respective dates1 no political appointee of the ,department of ,homeland ,security may perform any function described in subparagraph 7,b7 until the ,,bsvc certifies that the ,secretary has achieved such situational awareness1 operational control1 or both1 as the case may be4 7,b7 ,functions described ,the functions described in this subparagraph are each of the following3 7i7 ,travel using ,government aircraft4 7ii7 ,receipt of any non-essential training1 including conferences4 7iii7 ,receipt of bonus pay4 7iv7 ,receipt of any salary increase4 7#b7 ,national security exception ,the ,secretary of ,homeland ,security may waive the travel prohibition in paragraph 7#a77;,b77i7 if the ,secretary determines and notifies the appropriate congressional committees that-- 7,a7 such a waiver is in the national security interests of the ,united ,states2 or 7,b7 such travel is being carried out to achieve operational control of the southern border of the ,united ,states4 7#c7 ,further action required ,if the ,secretary of ,homeland ,security determines that situation awareness1 operational control1 or both1 as the case may be1 has not been achieved by the dates referred to in subsection 7n77#a7 7and thus fails to submit a notification to the ,,bsvc71 or if the ,,bsvc determines pursuant to subsection 7n77#b7 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 border by such respective dates1 the ,secretary of ,homeland ,security shall1 within #ahj days1 submit to the appropriate congressional committees and the ,,bsvc and implement a revised plan to achieve situational awareness1 operational control1 or both1 as the case may be1 that adopts the recommendations of the ,,bsvc referred to in subsection 7n77#b77;,c77ii77,,iii74 7p7 ,reports ,not later than #fj days after the date of the enactment of this ,act and annually thereafter1 the ,secretary of ,homeland ,security shall submit to the appropriate congressional committees a report that includes each of the following3 7#a7 ,a resource allocation model for current and future year staffing requirements that includes optimal staffing levels at all land1 air1 and sea ports of entry1 and an explanation of ,u4,s4 ,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 areas4 7#b7 ,detailed information on the level of manpower available at all land1 air1 and sea ports of entry and between ports of entry1 including the number of canine and agricultural specialists assigned to each such port of entry4 7#c7 ,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 entry4 7#d7 ,monthly per passenger wait times1 including data on per passenger processing wait times at all land1 air1 and sea ports of entry4 7#e7 ,a description of the infrastructure1 security resources1 and other measures that are necessary to achieve substantial reductions in the average wait times of vehicles at land border ports of entry4 #d4 ,establishment of ,border ,security ,verification ,commission 7a7 ,in general ,there is established a ,border ,security ,verification ,commission 7in this ,act referred to as the ,,bsvc74 7b7 ,purpose ,the ,,bsvc shall certify the accuracy of the notifications regarding situational awareness and operational control required from the ,secretary pursuant to section #c7n74 7c7 ,composition ,the ,,bsvc shall be composed of-- 7#a7 the head of a national laboratory within the ,department of ,homeland ,security laboratory network with prior expertise in border security1 appointed by the ,president1 in coordination with the ,speaker and minority leader of the ,house of ,representatives and the majority and minority leaders of the ,senate2 7#b7 the head of a border security university-based center within the ,department of ,homeland ,security ,centers of ,excellence network1 appointed by the ,president1 in coordination with the ,speaker and minority leader of the ,house of ,representatives and the majority and minority leaders of the ,senate2 and 7#c7 three individuals1 appointed by the ,president1 based on the recommendations of the special congressional commission on border security established pursuant to subsection 7d74 7d7 ,special congressional commission on border security 7#a7 ,establishment ,there is established a special congressional commission on border security 7in this subsection referred to as the commission74 ,the commission shall determine the criteria for making recommendations for the individuals to be appointed by the ,president under subsection 7c77#c71 and shall recommend not more than five individuals for such appointments4 ,the commission shall consist of-- 7,a7 the ,speaker and minority leader of the ,house of ,representatives2 7,b7 the majority and minority leaders of the ,senate2 7,c7 the chairman and ranking member of the ,committee on ,homeland ,security of the ,house of ,representatives2 and 7,d7 the chairman and ranking member of the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate4 7#b7 ,voting procedures 7,a7 ,in general ,the commission may make a recommendation to the ,president concerning an individual referred to in subsection 7c77#c7 only if such recommendation is approved by a majority vote of the full membership of the commission4 7,b7 ,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 7#a71 the ,speaker of the ,house of ,representatives shall cast the deciding vote4 7e7 ,qualifications ,the individuals referred to in subsection 7c77#c7 shall have a minimum of five years professional experience in law enforcement and border security4 7f7 ,chair ,the ,,bsvc shall be chaired by the individual referred to in subsection 7c77#a74 7g7 ,appointment ,the members of the ,,bsvc shall be appointed not later than #fj days after the date of the enactment of this ,act4 7h7 ,prohibition on compensation ,members of the ,,bsvc may not receive pay1 allowances1 or benefits from the ,federal ,government by reason of their service on the ,,bsvc4 7i7 ,prohibition on certain membership ,members of the ,,bsvc may not be current ,federal employees or current ,members of ,congress4 7j7 ,security clearances ,a member or employee of the ,,bsvc shall receive an appropriate security clearance1 as determined by the ,,bsvc in consultation with the ,secretary of ,homeland ,security1 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 ,,bsvc4 7k7 ,meetings ,the ,,bsvc shall meet on the call of the chairperson4 ,the ,,bsvc shall meet and begin operations not later than #ahj days after the date of the enactment of this ,act4 7l7 ,public hearings 7#a7 ,in general ,the ,,bsvc shall hold not fewer than two public hearings each calendar year4 7#b7 ,witness testimony ,in holding the hearings required under paragraph 7#a71 the ,,bsvc shall request the public testimony of ,federal1 ,state1 and local officials1 and any private citizen or organization the ,,bsvc determines is relevant to carrying out its mission4 7m7 ,quorum ,four members of the ,,bsvc shall constitute a quorum to conduct business1 but the ,,bsvc may establish a lesser quorum for conducting hearings scheduled by the ,,bsvc4 7n7 ,rules ,the ,,bsvc may establish by majority vote any other rules for the conduct of business1 if such rules are not inconsistent with this ,act4 7o7 ,vacancies ,any vacancy in the membership of the ,,bsvc shall be filled within #fj days and in the same manner as the original appointment4 7p7 ,personnel matters 7#a7 ,travel expenses ,the members of the ,,bsvc shall be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized for employees of agencies under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from their homes or regular places of business in the performance of service for the ,,bsvc4 7#b7 ,detail of ,federal employees ,with the affirmative vote of four of the members of the ,,bsvc1 any ,federal ,government employee1 with the approval of the head of the appropriate ,federal agency or congressional office1 may be detailed to the ,,bsvc without reimbursement1 and such detail shall be without interruption or loss of civil service status1 salary1 benefits1 or privileges4 7#c7 ,office space and assistance ,upon the request of the ,,bsvc1 the ,secretary of ,homeland ,security shall provide reasonable and appropriate office space1 supplies1 and administrative assistance4 7q7 ,termination ,the ,,bsvc shall terminate after determining the accuracy of the tenth annual metrics submission required under subsection 7n77#b7 of section #c4 #e4 ,required consequence ,the ,chief of the ,border ,patrol shall impose a consequence for each alien apprehended pursuant to the ,border ,patrol's ,consequence ,delivery ,system4 #f4 ,tactical flexibility ,the ,chief of the ,border ,patrol may alter the capability deployment referred to in subsection 7b7 of section #c if the ,chief determines1 after consultation with the appropriate congressional committees1 that the principal border security threats referred to in subsection 7f77#b77;,a7 of such section require such alteration4 #g4 ,deployment of certain aviation assets to the southern land border 7a7 ,in general ,the ,secretary of ,defense1 in collaboration with the ,secretary of ,homeland ,security1 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 #c7;a74 7b7 ,additional requirements 7#a7 ,plan ,not later than #ahj days after the date of the enactment of this ,act1 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 ,states4 7#b7 ,,dhs deployment ,not later than #ahj days after the submission of the plan under paragraph 7#a71 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 plan4 #h4 ,u4,s4 ,customs and ,border ,protection officer and agent authorization 7a7 ,border ,patrol ,the ,border ,patrol shall maintain an active duty presence of not fewer than #ba1cgj full time equivalent agents4 7b7 ,office of ,field ,operations ,the ,office of ,field ,operations of ,u4,s4 ,customs and ,border ,protection shall maintain not fewer than #bc1gge full time equivalent officers4 7c7 ,office of ,air and ,marine ,the ,office of ,air and ,marine of ,u4,s4 ,customs and ,border ,protection shall maintain not fewer than #a1fge full time equivalent agents4 #i4 ,office of ,air and ,marine flight hours 7a7 ,increased flight hours ,the ,secretary of ,homeland ,security shall ensure a minimum of not fewer than #acj1jjj annual flight hours of the ,office of ,air and ,marine of ,u4,s4 ,customs and ,border ,protection4 7b7 ,unmanned aerial systems ,the ,office of ,air and ,marine of ,u4,s4 ,customs and ,border ,protection shall operate unmanned aerial systems not less than #af hours per day1 seven days per week4 #aj4 ,air and ,marine prioritization ,the ,assistant ,commissioner for the ,office of ,air and ,marine of ,u4,s4 ,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 #c7;a74 #aa4 ,border ,patrol flexibility 7a7 ,transfer ,the ,chief of the ,border ,patrol may transfer ,border ,patrol agents1 on a voluntary basis1 to high traffic areas1 as determined by the ,chief4 7b7 ,incentive bonus ,at the discretion of the ,chief of the ,border ,patrol1 a ,border ,patrol agent may be eligible for an incentive bonus for any transfer carried out pursuant to subsection 7a7 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 ,states4 7c7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #cj1jjj1jjj for each fiscal year4 #ab4 ,prohibition on actions that impede border security on certain ,federal land 7a7 ,prohibition on ,secretaries of the ,interior and ,agriculture ,the ,secretary of the ,interior or the ,secretary of ,agriculture shall not impede1 prohibit1 or restrict activities of ,u4,s4 ,customs and ,border ,protection on ,federal land located within #ajj miles of the ,united ,states border with ,mexico that is under the jurisdiction of the ,secretary of the ,interior or the ,secretary of ,agriculture1 to execute search and rescue operations1 and to prevent all unlawful entries into the ,united ,states1 including entries by terrorists1 other unlawful aliens1 instruments of terrorism1 narcotics1 and other contraband through such international border4 ,these authorities of ,u4,s4 ,customs and ,border ,protection on such ,federal land apply whether or not a state of emergency exists4 7b7 ,authorized activities of ,u4,s4 ,customs and ,border ,protection ,u4,s4 ,customs and ,border ,protection shall have immediate access to ,federal land within #ajj miles of the ,united ,states border with ,mexico or the ,united ,states border with ,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 ,states1 including entries by terrorists1 other unlawful aliens1 instruments of terrorism1 narcotics1 and other contraband through either such international border3 7#a7 ,construction and maintenance of roads4 7#b7 ,construction and maintenance of barriers4 7#c7 ,use of vehicles to patrol1 apprehend1 or rescue4 7#d7 ,installation1 maintenance1 and operation of communications and surveillance equipment and sensors4 7#e7 ,deployment of temporary tactical infrastructure4 7c7 ,clarification relating to waiver authority 7#a7 ,in general ,notwithstanding any other provision of law 7including any termination date relating to the waiver referred to in this subsection71 the waiver by the ,secretary of ,homeland ,security on ,april #a1 #bjjh1 under section #ajb7;c77#a7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #aajc note2 ,public ,law #ajd-bjh7 of the laws described in paragraph 7#b7 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 #ajj miles of either such international border for the activities of ,u4,s4 ,customs and ,border ,protection described in subsection 7b74 7#b7 ,description of laws waived ,the laws referred to in paragraph 7#a7 are limited to the ,wilderness ,act 7#af ,u4,s4,c4 #aaca et seq471 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq471 the ,national ,historic ,preservation ,act 7#af ,u4,s4,c4 #dgj et seq471 ,public ,law #hf-ebc 7#af ,u4,s4,c4 #dfi et seq471 the ,act of ,june #h1 #aijf 7commonly known as the ,antiquities ,act of #aijf2 #af ,u4,s4,c4 #dca et seq471 the ,wild and ,scenic ,rivers ,act 7#af ,u4,s4,c4 #abga et seq471 the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq471 the ,national ,wildlife ,refuge ,system ,administration ,act of #aiff 7#af ,u4,s4,c4 #ffh;dd et seq471 the ,fish and ,wildlife ,act of #aief 7#af ,u4,s4,c4 #gdb;a et seq471 the ,fish and ,wildlife ,coordination ,act 7#af ,u4,s4,c4 #ffa et seq471 subchapter ,,ii of chapter #e1 and chapter #g1 of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act71 the ,national ,park ,service ,organic ,act 7#af ,u4,s4,c4 #a et seq471 the ,general ,authorities ,act of #aigj 7,public ,law #ia-chc7 7#af ,u4,s4,c4 #a;a-#a et seq471 sections #dja7g71 #djc1 and #djd of the ,national ,parks and ,recreation ,act of #aigh 7,public ,law #ie-fbe1 #ib ,stat4 #cdfg71 and the ,arizona ,desert ,wilderness ,act of #aiij 7#af ,u4,s4,c4 #aacb note2 ,public ,law #aja-fbh74 7d7 ,protection of legal uses ,this section may not be construed to provide-- 7#a7 authority to restrict legal uses1 such as grazing1 hunting1 mining1 or public-use recreational and backcountry airstrips on land under the jurisdiction of the ,secretary of the ,interior or the ,secretary of ,agriculture2 or 7#b7 any additional authority to restrict legal access to such land4 7e7 ,effect on state and private land ,this section shall-- 7#a7 have no force or effect on ,state or private lands2 and 7#b7 not provide authority on or access to ,state or private lands4 7f7 ,tribal sovereignty ,nothing in this section supersedes1 replaces1 negates1 or diminishes treaties or other agreements between the ,united ,states and ,indian tribes4 #ac4 ,biometric exit data system 7a7 ,establishment ,the ,secretary of ,homeland ,security shall-- 7#a7 not later than #ahj days after the date of the enactment of this ,act1 submit to the appropriate congressional committees1 the ,committee on the ,judiciary of the ,senate1 and the ,committee on the ,judiciary of the ,house of ,representatives an implementation plan to establish a biometric exit data system to complete the integrated biometric entry and exit data system required under section #gbjh of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#h ,u4,s4,c4 #acfe;b7 that is informed by prior reports on such system prepared by the ,secretary or the ,comptroller ,general1 including-- 7,a7 an integrated master schedule and cost estimate1 including requirements and design1 development1 operational1 and maintenance costs1 of such a system2 7,b7 cost-effective staffing and personnel requirements of such a system that leverages existing resources of the ,department of ,homeland ,security2 7,c7 a consideration of training programs necessary to establish such a system2 7,d7 a consideration of how such a system will affect wait times2 7,e7 information received after consultation with private sector stakeholders1 including-- 7i7 the trucking industry2 7ii7 the airport industry2 7iii7 the airline industry2 7iv7 the seaport industry2 7v7 the travel industry2 and 7vi7 the biometric technology industry2 7,f7 a consideration of how trusted traveler programs in existence as of the date of the enactment of this ,act may be impacted by1 or incorporated into1 such a system2 7,g7 defined metrics of success and milestones2 7,h7 identified risks and mitigation strategies to address such risks2 and 7,i7 a consideration of how other countries have implemented a biometric exit data system2 and 7#b7 not later than two years after the date of the enactment of this ,act1 establish a biometric exit data system at-- 7,a7 the #ae ,united ,states airports that support the highest volume of international air travel1 as determined by available ,federal flight data2 7,b7 the #ae ,united ,states seaports that support the highest volume of international sea travel1 as determined by available ,federal travel data2 and 7,c7 the #ae ,united ,states land ports of entry that support the highest volume of pedestrian crossings1 as determined by available ,federal border crossing data4 7b7 ,implementation 7#a7 ,pilot program at land ports of entry for non-pedestrian outbound traffic 7,a7 ,in general ,not later than one year after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security1 in collaboration with industry stakeholders1 shall establish a six-month pilot program to test the biometric exit data system referred to in subsection 7a77#b7 on non-pedestrian outbound traffic at not fewer than three land ports of entry with significant cross-border traffic1 including at not fewer than two land ports of entry on the southern border and at least one land port of entry on the northern border4 ,such pilot program may include a consideration of more than one biometric mode1 and shall be implemented to determine the following3 7i7 ,how a nationwide implementation of such biometric exit data system at land ports of entry shall be carried out4 7ii7 ,the infrastructure required to carry out clause 7i74 7iii7 ,the effects of such pilot program on legitimate travel and trade4 7iv7 ,the effects of such pilot program on wait times1 including processing times1 for such non-pedestrian traffic4 7v7 ,its effectiveness in combating terrorism4 7vi7 ,its effectiveness in identifying visa holders who violate the terms of their visas4 7,b7 ,,gao review ,not later than #cj days after the conclusion of the pilot program under subparagraph 7,a71 the ,secretary of ,homeland ,security1 acting through the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 shall submit the results of the determinations made pursuant to such subparagraph to the ,comptroller ,general of the ,united ,states for review4 ,not later than #ij days after the ,comptroller ,general receives such results1 the ,comptroller ,general shall submit to the ,secretary of ,homeland ,security and the appropriate congressional committees a review of such results4 7#b7 ,at land ports of entry for non-pedestrian outbound traffic 7,a7 ,in general ,not later than five years after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall expand the biometric exit data system referred to in subsection 7a77#b7 to all land ports of entry1 and such system shall apply only in the case of non-pedestrian outbound traffic4 7,b7 ,extension ,the ,secretary of ,homeland ,security may extend for a single two-year period the date specified in subparagraph 7,a71 if the ,secretary certifies to the appropriate congressional committees that the #ae land ports of entry that support the highest volume of passenger vehicles1 as determined by available ,federal data1 do not have the physical infrastructure or characteristics to install the systems necessary to implement a biometric exit data system4 7#c7 ,at air and sea ports of entry ,not later than five years after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall expand the biometric exit data system referred to in subsection 7a77#b7 to all air and sea ports of entry4 7#d7 ,at land ports of entry for pedestrians ,not later than five years after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall expand the biometric exit data system referred to in subsection 7a77#b7 to all land ports of entry1 and such system shall apply only in the case of pedestrians4 7c7 ,effects on air1 sea1 and land transportation ,the ,secretary of ,homeland ,security1 in consultation with appropriate private sector stakeholders1 shall ensure that the collection of biometric data under this section causes the least possible disruption to the movement of people or cargo in air1 sea1 or land transportation1 while fulfilling the goals of improving counterterrorism efforts and identifying visa holders who violate the terms of their visas4 7d7 ,termination of proceeding ,notwithstanding any other provision of law1 the ,secretary of ,homeland ,security shall1 on the date of the enactment of this ,act1 terminate the proceeding entitled ,collection of ,alien ,biometric ,data ,upon ,exit ,from the ,united ,states at ,air and ,sea ,ports of ,departure1 issued on ,april #bd1 #bjjh 7#gc ,c4,f4,r4 #bbjfe2 ,,dhs ,docket ,no4 #bjjh-jjci74 7e7 ,data-,matching ,the biometric exit data system established under this section shall-- 7#a7 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 ,states2 7#b7 leverage the infrastructure and databases of the current entry system established pursuant to section #gbjh of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#h ,u4,s4,c4 #acfe;b7 for the purpose described in paragraph 7#a72 and 7#c7 be interoperable with1 and allow matching against1 other ,federal databases that store biometrics of known or suspected terrorists1 and visa holders who have violated the terms of their visas4 7f7 ,scope 7#a7 ,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 data4 7#b7 ,exception ,this section shall not apply in the case of a citizen of the ,united ,states4 7g7 ,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 section1 except through a contractual agreement4 7h7 ,multi-,modal ,collection ,in carrying out subsections 7a77#a7 and 7b71 the ,secretary of ,homeland ,security shall make every effort to collect biometric data using additional modes of biometric technology4 7i7 ,penalties for ,failure ,to ,meet ,deadlines 7#a7 ,biometric exit data system ,if the ,secretary fails to meet any of the following requirements by the applicable deadline1 no political appointee of the ,department of ,homeland ,security may perform any function described in paragraph 7#b7 until the ,secretary has complied with the requirement3 7,a7 ,the submission of the implementation plan under subsection 7a77#a74 7,b7 ,the establishment of a biometric exit data system under subsection 7a77#b74 7,c7 ,the establishment a six-month pilot program to test such biometric exit data system under subsection 7b77#a77;,a74 7,d7 ,the expansion of such biometric exit data system under subsection 7b77#b77;,a74 7,e7 ,any extension of the deadline for such expansion authorized by the ,secretary under subsection 7b77#b77;,b77ii74 7#b7 ,functions described ,the functions described in this subparagraph are each of the following3 7,a7 ,travel using government aircraft4 7,b7 ,receipt of any non-essential training4 7,c7 ,receipt of bonus pay1 excluding overtime pay4 7,d7 ,receipt of any salary increase4 #ad4 ,northern border threat analysis 7a7 ,in general ,not later than six months after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall submit to the appropriate congressional committees a northern border threat analysis4 ,such analysis1 at a minimum1 shall include the following3 7#a7 ,an analysis of current and potential terrorism threats posed by individuals seeking to enter the ,united ,states through the northern border4 7#b7 ,an analysis of improvements needed at ports of entry along the northern border to prevent terrorists and instruments of terror from entering the ,united ,states4 7#c7 ,an analysis of gaps in law1 policy1 international agreements1 or tribal agreements that hinder the border security and counter-terrorism efforts along the northern border4 7#d7 ,an analysis of unlawful cross border activity between ports of entry1 including the maritime borders of the ,great ,lakes4 7b7 ,classified threat analysis ,the threat analysis required under subsection 7a7 may be submitted in classified form1 if the ,secretary of ,homeland ,security determines that such is appropriate4 #ae4 ,operation ,stonegarden program 7a7 ,in general ,title ,,xx of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fja et seq47 is amended by adding the following new subtitle3 ,c ,other ,grant ,programs #bjca4 ,operation ,stonegarden 7a7 ,establishment ,there is established in the ,department a program to be known as ,operation ,stonegarden4 ,under such program1 the ,secretary1 acting through the ,administrator1 shall make grants to eligible law enforcement agencies to enhance border security in accordance with this section4 7b7 ,eligible recipients ,to be eligible to receive a grant under this section1 a law enforcement agency shall-- 7#a7 be located in-- 7,a7 a ,state bordering either ,canada or ,mexico2 or 7,b7 a ,state or territory with a maritime border2 and 7#b7 be involved in an active ongoing ,u4,s4 ,customs and ,border ,protection operation coordinated through a sector office4 7c7 ,permitted uses ,the recipient of a grant under this section may use the grant for any of the following activities3 7#a7 ,equipment1 including maintenance and sustainment costs4 7#b7 ,personnel1 including overtime and backfill1 in support of enhanced border law enforcement activities4 7#c7 ,any activity permitted under the ,department of ,homeland ,security's ,fiscal ,year #bjad ,funding ,opportunity ,announcement for ,operation ,stonegarden4 7#d7 ,any other appropriate activity1 as determined by the ,administrator4 7d7 ,authorization of appropriations ,there is authorized to be appropriated #aaj1jjj1jjj for each of fiscal years #bjae through #bjai for grants under this section4 7e7 ,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 recipient4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of such ,act is amended by inserting after the items relating to subtitle ,b of title ,,xx the following new items3 ,subtitle ,c--,other ,grant ,programs,sec4 #bjca4 ,operation ,stonegarden4 4 #af4 ,sale or donation of excess personal property for border security activities ,section #begf;a of title #aj1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a77;,a71 by striking counter-drug and counter-terrorism activities and inserting counterdrug1 counterterrorism1 and border security activities2 and 7,b7 in paragraph 7#b71 by striking the ,attorney ,general and the ,director of ,national ,drug ,control ,policy4 and inserting the ,attorney ,general1 the ,director of ,national ,drug ,control ,policy1 and the ,secretary of ,homeland ,security1 as appropriate42 and 7#b7 in subsection 7d71 by striking counter-drug or counter-terrorism activities and inserting counterdrug1 counterterrorism1 or border security activities4 #ag4 ,reimbursement of ,states for deployment of ,national ,guard to the southern border 7a7 ,reimbursement authorized ,the ,secretary of ,defense shall 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 border mission4 7b7 ,limitation ,the total amount of reimbursements under subsection 7a7 for any fiscal year may not exceed #ce1jjj1jjj4 #ah4 ,u4,s4 ,customs and ,border ,protection personnel 7a7 ,staff enhancements 7#a7 ,authorization ,in addition to positions authorized before the date of the enactment of this ,act and any existing officer vacancies within ,u4,s4 ,customs and ,border ,protection on such date1 the ,secretary1 subject to the availability of appropriations for such purpose1 shall hire1 train1 and assign to duty1 by not later than ,september #cj1 #bjai-- 7,a7 #e1jjj full-time ,u4,s4 ,customs and ,border ,protection officers to serve on all inspection lanes 7primary1 secondary1 incoming1 and outgoing7 and enforcement teams at ,united ,states land ports of entry on the international border between the ,united ,states and ,canada and the international border between the ,united ,states and ,mexico2 and 7,b7 #cej full-time support staff for all ,united ,states ports of entry4 7#b7 ,waiver of fte limitation ,the ,secretary may waive any limitation on the number of full-time equivalent personnel assigned to the ,department of ,homeland ,security in order to carry out paragraph 7#a74 7b7 ,reports to ,congress 7#a7 ,outbound inspections ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary shall submit to the relevant committees of ,congress a report that includes a plan for ensuring the placement of sufficient ,u4,s4 ,customs and ,border ,protection officers on outbound inspections1 and adequate outbound infrastructure1 at all land ports of entry along the international border between the ,united ,states and ,mexico4 7#b7 ,sufficient agricultural specialists and personnel ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary1 in consultation with the ,secretary of ,agriculture and the ,secretary of ,health and ,human ,services1 shall submit to the relevant committees of ,congress a report that contains a plan for each of the ,department of ,homeland ,security1 the ,department of ,agriculture1 and the ,department of ,health and ,human ,services for ensuring the placement of sufficient ,u4,s4 ,customs and ,border ,protection agriculture specialists1 ,animal and ,plant ,health ,inspection ,service entomologist identifier specialists1 ,food and ,drug ,administration consumer safety officers1 and other relevant and related personnel at all land ports of entry along the international border between the ,united ,states and ,mexico4 7#c7 ,annual implementation report ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary of ,homeland ,security shall submit to the relevant ,committees of ,congress a report that-- 7,a7 details the implementation plan for the staff enhancements required under subsection 7a77#a77;,a72 7,b7 includes the number of additional personnel assigned to duty at land ports of entry1 classified by location2 7,c7 describes the methodology used to determine the distribution of additional personnel to address northbound and southbound cross-border inspections2 and 7,d7 includes-- 7i7 the most recent strategic plan required under section #bj7;a77#a72 7ii7 the most recent model required under section #bj7;b71 including the underlying assumptions1 factors1 and concerns that guide the decision making and allocation process2 and 7iii7 the most recent outcome-based performance measures adopted under section #bj7;c77#a74 7c7 ,secure communication ,the ,secretary shall ensure that each ,u4,s4 ,customs and ,border ,protection officer is equipped with a secure #b-way communication and satellite-enabled device1 supported by system interoperability1 that allows ,u4,s4 ,customs and ,border ,protection officers to communicate-- 7#a7 between ports of entry and inspection stations2 and 7#b7 with other ,federal1 ,state1 tribal1 and local law enforcement entities4 7d7 ,border area security initiative grant program ,the ,secretary shall establish a program for awarding grants for the purchase of-- 7#a7 identification and detection equipment2 and 7#b7 mobile1 hand-held1 #b-way communication devices for ,state and local law enforcement officers serving on the international border between the ,united ,states and ,mexico4 7e7 ,port of entry infrastructure improvements 7#a7 ,in general ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection may aid in the enforcement of ,federal customs1 immigration1 and agriculture laws by-- 7,a7 designing1 constructing1 and modifying-- 7i7 ,united ,states ports of entry2 7ii7 living quarters for officers1 agents1 and personnel2 7iii7 technology and equipment1 including technology and equipment deployed in support of standardized and automated collection of vehicular travel time2 and 7iv7 other structures and facilities1 including those owned by municipalities1 local governments1 or private entities located at land ports of entry2 7,b7 acquiring1 by purchase1 donation1 exchange1 or otherwise1 land or any interest in land determined to be necessary to carry out the ,commissioner's duties2 7,c7 implementing a biometric exit data system2 and 7,d7 constructing additional ports of entry along the international border between the ,united ,states and ,mexico and the international border between the ,united ,states and ,canada4 7#b7 ,prioritization ,in carrying out this subsection1 the ,commissioner1 in coordination with the ,administrator of ,general ,services1 shall give priority consideration to projects that will substantially-- 7,a7 reduce commercial and passenger vehicle and pedestrian crossing wait times at one or more ports of entry on the same border2 7,b7 increase trade1 travel efficiency1 and the projected total annual volume at one or more ports of entry on the same border2 7,c7 enhance safety and security at border facilities at one or more ports of entry on the same border2 7,d7 reduce the flow of cross-border threats2 and 7,e7 substantially reduce passenger vehicle and pedestrian crossing wait times by upgrading or expanding existing ports of entry1 rather than constructing new ports of entry4 7f7 ,consultation 7#a7 ,locations for new ports of entry ,the ,secretary of ,homeland ,security shall consult with the ,secretary of the ,interior1 the ,secretary of ,agriculture1 the ,secretary of ,state1 the ,international ,boundary and ,water ,commission1 the ,international ,joint ,commission1 and appropriate representatives of ,states1 ,indian tribes1 local governments1 and property owners1 as appropriate-- 7,a7 to determine locations for new ports of entry2 and 7,b7 to minimize adverse impacts from such ports on the environment1 historic and cultural resources1 commerce1 and the quality of life of the communities and residents located near such ports4 7#b7 ,savings provision ,nothing in this subsection may be construed-- 7,a7 to create any right or liability of the parties described in paragraph 7#a72 7,b7 to affect the legality or validity of any determination by the ,secretary of ,homeland ,security under this ,act2 or 7,c7 to affect any consultation requirement under any other law4 7g7 ,authority ,to acquire leaseholds ,notwithstanding any other provision of law1 if the ,secretary of ,homeland ,security determines that the acquisition of a leasehold interest in real property and the construction or modification of any facility on the leased property is necessary to facilitate the implementation of this ,act1 the ,secretary may-- 7#a7 acquire such leasehold interest2 and 7#b7 construct or modify such facility4 7h7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section1 for each of the fiscal years #bjae through #bjbj1 #a1jjj1jjj1jjj1 of which #e1jjj1jjj shall be used for grants authorized under subsection 7d74 7i7 ,offset1 rescission of unobligated ,federal funds 7#a7 ,in general ,there is hereby rescinded1 from appropriated discretionary funds that remain available for obligation on the date of the enactment of this ,act 7other than the unobligated funds referred to in paragraph 7#d771 amounts determined by the ,director of the ,office of ,management and ,budget that are equal1 in the aggregate1 to the amount authorized to be appropriated under subsection 7h74 7#b7 ,implementation ,the ,director of the ,office of ,management and ,budget shall determine and identify-- 7,a7 the appropriation accounts from which the rescission under paragraph 7#a7 shall apply2 and 7,b7 the amount of the rescission that shall be applied to each such account4 7#c7 ,report ,not later than #fj days after the date of the enactment of this ,act1 the ,director of the ,office of ,management and ,budget shall submit to ,congress and to the ,secretary of the ,treasury a report that describes the accounts and amounts determined and identified under paragraph 7#b7 for rescission under paragraph 7#a74 7#d7 ,exceptions ,this subsection shall not apply to unobligated funds of-- 7,a7 the ,department of ,defense2 7,b7 the ,department of ,veterans ,affairs2 or 7,c7 the ,department of ,homeland ,security4 #ai4 ,cross-border trade enhancement 7a7 ,agreements authorized ,consistent with section #eei of the ,department of ,homeland ,security ,appropriations ,act1 #bjad 7division ,f of ,public ,law #aac-gf2 #f ,u4,s4,c4 #baa note71 during the #aj-year period beginning on the date of the enactment of this ,act1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection and the ,administrator of ,general ,services1 for purposes of facilitating the construction1 alteration1 operation1 or maintenance of a new or existing facility or other infrastructure at a port of entry under the jurisdiction1 custody1 and control of the ,commissioner or the ,administrator1 may-- 7#a7 enter into cost-sharing or reimbursement agreements2 or 7#b7 accept donations of-- 7,a7 real or personal property1 including monetary donations2 or 7,b7 nonpersonal services4 7b7 ,allowable uses of agreements ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection and the ,administrator of ,general ,services1 with respect to any agreement authorized under subsection 7a71 may-- 7#a7 use such agreement for activities related to an existing or new port of entry1 including expenses related to-- 7,a7 land acquisition1 design1 construction1 repair1 or alteration2 7,b7 furniture1 fixtures1 or equipment2 7,c7 the deployment of technology or equipment2 or 7,d7 operations and maintenance2 or 7#b7 transfer such property or services between the ,commissioner and the ,administrator for activities described in paragraph 7#a7 related to a new or existing port of entry under the jurisdiction1 custody1 and control of the relevant agency1 subject to chapter #cc of title #dj1 ,united ,states ,code4 7c7 ,evaluation procedures 7#a7 ,in general 7,a7 ,requirement for procedures ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 in consultation with the ,administrator of ,general ,services and consistent with section #eei of the ,department of ,homeland ,security ,appropriations ,act1 #bjad 7division ,f of ,public ,law #aac-gf2 #f ,u4,s4,c4 #baa note71 shall issue procedures for evaluating a proposal submitted by a person for an agreement authorized under subsection 7a74 7,b7 ,availability ,the procedures required by subparagraph 7,a7 shall be made available to the public via the website of the ,department of ,homeland ,security4 7#b7 ,specification ,an agreement authorized under subsection 7a7 may specify-- 7,a7 the land port of entry facility or facilities in support of which the agreement is entered into2 and 7,b7 the timeframe in which the contributed property or nonpersonal services shall be used4 7#c7 ,supplemental funding ,any property1 including monetary donations1 or nonpersonal services donated pursuant to subsection 7a7 may be used in addition to any other funds1 including appropriated funds1 property1 or services made available for the same purpose4 7#d7 ,return of donation 7,a7 ,requirement for return ,if the ,commission of ,u4,s4 ,customs and ,border ,protection or the ,administrator of ,general ,services does not use property or nonpersonal services donated pursuant to subsection 7a7 for the specific facility designated by the donor or within the timeframe designated by the donor1 such donated property or services shall be returned to donor4 7,b7 ,prohibition on interest ,no interest may be owed on any donation returned to a donor under subparagraph 7,a74 7#e7 ,determination and notification 7,a7 ,in general ,not later than #ij days after receiving a proposal pursuant to subsection 7a7 with respect to the construction or maintenance of a facility or other infrastructure at a land border port of entry1 the ,administrator of ,general ,services shall-- 7i7 make a determination with respect to whether or not to approve the proposal2 and 7ii7 notify the person that submitted the proposal of-- 7,i7 the determination2 and 7,,ii7 if the ,administrator did not approve the proposal1 the reasons for such disapproval4 7,b7 ,considerations ,in determining whether or not to approve a proposal under this subsection1 the ,administrator shall consider-- 7i7 the impact of the proposal on reducing wait times at that port of entry and other ports of entry on the same border2 7ii7 the potential of the proposal to increase trade and travel efficiency through added capacity2 and 7iii7 the potential of the proposal to enhance the security of the port of entry4 7d7 ,annual report and notice to ,congress ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 in collaboration with the ,administrator of ,general ,services1 shall-- 7#a7 submit to the relevant committees of ,congress an annual report on agreements entered into under subsection 7a72 and 7#b7 not less than #c days prior to entering into an agreement under subsection 7a7 with a person1 notify the members of ,congress that represent the ,state or district where the person is located4 #bj4 ,implementation of ,government ,accountability ,office findings 7a7 ,border wait time data collection 7#a7 ,strategic plan ,the ,secretary of ,homeland ,security1 in consultation with the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 the ,administrator of the ,federal ,highway ,administration1 ,state ,departments of ,transportation1 and other public and private stakeholders1 shall develop a strategic plan for standardized collection of vehicle wait times at land ports of entry4 7#b7 ,elements ,the strategic plan required under paragraph 7#a7 shall include-- 7,a7 a description of how ,u4,s4 ,customs and ,border ,protection will ensure standardized manual wait time collection practices at ports of entry2 7,b7 current wait time collection practices at ports of entry and make available a description of that practice for each port through existing online platforms for public reporting2 7,c7 a timeline for incorporating standardized data into existing online platforms for public reporting2 7,d7 the identification of a standardized measurement and validation wait time data tool for use at all land ports of entry2 and 7,e7 an assessment of the feasibility and cost for supplementing and replacing manual data collection with automation1 which should utilize existing automation efforts and resources4 7#c7 ,updates for collection methods ,the ,secretary of ,homeland ,security shall update the strategic plan required by paragraph 7#a7 to reflect new practices1 timelines1 tools1 and assessments1 as appropriate4 7b7 ,staff allocation ,the ,secretary of ,homeland ,security1 in consultation with the ,commissioner of ,u4,s4 ,customs and ,border ,protection and ,state1 municipal1 and private sector stakeholders at each port of entry1 shall develop a standardized model for the allocation of ,u4,s4 ,customs and ,border ,protection officers and support staff at land ports of entry1 including allocations specific to field offices and the port level that utilizes-- 7#a7 current and future operational priorities and threats2 7#b7 historical staffing levels and patterns2 and 7#c7 anticipated traffic flows4 7c7 ,outcome-,based performance measures 7#a7 ,in general ,the ,secretary of ,homeland ,security1 in consultation with the ,commissioner of ,u4,s4 ,customs and ,border ,protection and relevant public and private sector stakeholders1 shall identify and adopt not less than #b new outcome-based performance measures that support the trade facilitation goals of ,u4,s4 ,customs and ,border ,protection4 7#b7 ,effect of trusted traveler and shipper programs ,outcome-based performance measures identified under this subsection should include-- 7,a7 the extent to which trusted traveler and shipper program participants experience decreased annual percentage wait time compared to nonparticipants2 and 7,b7 the extent to which trusted traveler and shipper program participants experience an annual reduction in percentage of referrals to secondary inspection facilities compared to nonparticipants4 7#c7 ,agency efficiencies ,performance measures should not be adopted which solely address ,u4,s4 ,customs and ,border ,protection resource efficiency and do not adequately gauge impact of programs or initiatives on trade facilitation goals1 or measure benefits to stakeholders4 7#d7 ,report ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall submit to the relevant committees of ,congress a report that identifies-- 7,a7 the new performance measures developed under this subsection2 and 7,b7 the process for the incorporation of such measures into existing performance measures4 #ba4 ,authority to enter into agreements for the provision of certain services at land border ports of entry 7a7 ,authority ,to enter into agreements 7#a7 ,in general ,notwithstanding section #dea of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #adea7 and consistent with section #efj of the ,department of ,homeland ,security ,appropriations ,act1 #bjac 7division ,d of ,public ,law #aac-f2 #abg ,stat4 #cgh7 and section #eei of the ,department of ,homeland ,security ,appropriations ,act1 #bjad 7division ,f of ,public ,law #aac-gf2 #f ,u4,s4,c4 #baa note71 the ,commissioner of ,u4,s4 ,customs and ,border ,protection may1 during the #aj-year period beginning on the date of the enactment of this ,act and upon the request of any person1 enter into a partnership with that person under which-- 7,a7 ,u4,s4 ,customs and ,border ,protection will provide services described in paragraph 7#b7 at a land border port of entry2 and 7,b7 that person will pay a fee imposed under subsection 7b7 to reimburse ,u4,s4 ,customs and ,border ,protection for the costs incurred in providing such services4 7#b7 ,services described ,services described in this paragraph are any services related to customs1 agricultural processing1 border security1 or immigration inspection-related matters provided by an employee or contractor of ,u4,s4 ,customs and ,border ,protection at land border ports of entry4 7#c7 ,limitation ,nothing in this paragraph may be construed to reduce the responsibilities or duties of ,u4,s4 ,customs and ,border ,protection to provide services at land border ports of entry that have been authorized or mandated by law and are funded in any appropriation ,act or from any accounts in the ,treasury of the ,united ,states derived by the collection of fees4 7#d7 ,implementation ,the ,commissioner shall not modify existing requirements or reimbursable fee agreements in effect on the date of enactment of this ,act1 unless the relevant person requests a modification to include services described in this section4 7b7 ,fee 7#a7 ,in general ,the amount of the fee to be charged pursuant to an agreement authorized under this section shall be paid by a person requesting the provision of ,u4,s4 ,customs and ,border ,protection services1 and shall include the salaries and expenses of individuals employed by the ,u4,s4 ,customs and ,border ,protection to provide such services and other costs incurred by ,u4,s4 ,customs and ,border ,protection relating to such services1 such as temporary placement or permanent relation of such individuals4 7#b7 ,oversight of fees ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection of ,u4,s4 ,customs and ,border ,protection shall develop a process to oversee the activities reimbursed by the fees charged pursuant to an agreement authorized under paragraph 7#a7 that includes the following3 7,a7 ,a determination and report on the full costs of providing services1 including direct and indirect costs1 including a process for increasing such fees as necessary4 7,b7 ,establishment of a monthly remittance schedule to reimburse appropriations4 7,c7 ,identification of overtime costs to be reimbursed by such fees4 7#c7 ,deposit of funds ,funds collected pursuant to any agreement entered into under paragraph 7#a7 shall be deposited as offsetting collections and remain available until expended1 without fiscal year limitation1 and shall directly reimburse each appropriation for the amount paid out of that appropriation for any expenses incurred by ,u4,s4 ,customs and ,border ,protection in providing ,u4,s4 ,customs and ,border ,protection services and any other costs incurred by ,u4,s4 ,customs and ,border ,protection relating to such services4 7#d7 ,termination ,the ,commissioner shall terminate the provision of services pursuant to an agreement entered into under paragraph 7#a7 with a private sector or government entity that1 after receiving notice from the ,commissioner that a fee imposed under paragraph 7#d7 is due1 fails to pay such fee in a timely manner4 ,in the event of such termination1 all costs incurred by ,u4,s4 ,customs and ,border ,protection1 which have not been reimbursed1 will become immediately due and payable4 ,interest on unpaid fees will accrue based on current ,treasury borrowing rates4 ,additionally1 any private sector or government entity that1 after notice and demand for payment of any fee charged under paragraph 7#d71 fails to pay such fee in a timely manner shall be liable for a penalty or liquidated damage equal to two times the amount of such fee4 ,any amount collected pursuant to any agreement entered into under paragraph 7#a7 shall be deposited into the account specified under paragraph 7#e7 and shall be available as described therein4 7#e7 ,notification ,the ,commissioner shall notify the relevant congressional committees not less than #c days prior to entering into an agreement under this section1 and shall further notify individual members of ,congress not less than #c days prior to entering to an agreement under this section for the provision of services at a facility in their ,state or district4 #bb4 ,definitions ,in this ,act3 7#a7 ,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 vehicles1 humans1 and animals1 and ultimately filter false positives prior to transmission4 7#b7 ,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 ,senate4 7#c7 ,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 zone1 as the case may be1 by the total documented cocaine flow rate as contained in ,federal drug databases4 7#d7 ,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 recidivism4 7#e7 ,got away ,the term got away means an unlawful border crosser who1 after making an unlawful entry into the ,united ,states1 is not turned back or apprehended4 7#f7 ,high traffic areas ,the term high traffic areas means sectors along the northern and southern borders of the ,united ,states that are within the responsibility of the ,border ,patrol that have significant unlawful cross-border activity1 informed through situational awareness4 7#g7 ,major violator ,the term major violator means a person or entity that has engaged in serious criminal activities at any land1 air1 or sea port of entry1 including possession of illicit drugs1 smuggling of prohibited products1 human smuggling1 weapons possession1 use of fraudulent ,united ,states documents1 or other offenses serious enough to result in arrest4 7#h7 ,operational control ,the term operational control has the meaning given such term in section #b7;b7 of the ,secure ,fence ,act of #bjjf 7#h ,u4,s4,c4 #agja note2 ,public ,law #aji-cfg74 7#i7 ,person ,the term person means-- 7,a7 an individual2 or 7,b7 a corporation1 partnership1 trust1 association1 or any other public or private entity1 including a ,state or local government4 7#aj7 ,relevant committees of ,congress ,the term relevant committees of ,congress means the following3 7,a7 ,the ,committee on ,environment and ,public ,works1 the ,committee on ,finance1 the ,committee on ,homeland ,security and ,governmental ,affairs1 and the ,committee on the ,judiciary of the ,senate4 7,b7 ,the ,committee on ,homeland ,security1 the ,committee on the ,judiciary1 the ,committee on ,transportation and ,infrastructure1 and the ,committee on ,ways and ,means of the ,house of ,representatives4 7#aa7 ,situational awareness ,the term situational awareness means knowledge and an understanding of current unlawful cross-border activity1 including cross-border threats and trends concerning illicit trafficking and unlawful crossings along the international borders of the ,united ,states1 the ability to forecast future shifts in such threats and trends1 and the operational capability to conduct continuous and integrated surveillance of the international borders of the ,united ,states4 7#ab7 ,transit zone ,the term transit zone means the sea corridors of the western ,atlantic ,ocean1 the ,gulf of ,mexico1 the ,caribbean ,sea1 and the eastern ,pacific ,ocean through which undocumented migrants and illicit drugs transit1 either directly or indirectly1 to the ,united ,states4 7#ac7 ,turn back ,the term turn back means an unlawful border crosser who1 after making an unlawful entry into the ,united ,states1 returns to the country from which such crosser entered4 7#ad7 ,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 apprehensions1 turn backs1 and got aways4 ,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 sectors1 informed by situational awareness4 #bc4 ,authorization of appropriations ,there is authorized to be appropriated for each of fiscal years #bjaf through #bjbe #a1jjj1jjj1jjj to carry out this ,act and the amendments made by this ,act4