Sec. 3. Operational control of the border

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The Secretary of Homeland Security shall gain and maintain situational awareness, and operational control of high traffic areas, by the date that is not later than two years after the date of the enactment of this Act, and operational control and situational awareness along the southern land border of the United States by the date that is not later than five years after such date of enactment. Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security, acting through the appropriate component of the Department of Homeland Security, shall, at a minimum, deploy to each sector or region, as the case may be, of the southern border, in a prioritized, risk-based manner to achieve situational awareness and operational control of the border the following additional capabilities:

For the San Diego sector, the following: Subterranean surveillance and detection technologies. To increase coastal maritime domain awareness, the following: Deployable, lighter than air surface surveillance equipment. Unmanned aerial vehicles with maritime surveillance capability. Maritime patrol aircraft. Coastal radar surveillance systems. Maritime signals intelligence capabilities. Ultralight aircraft detection capabilities. Advanced unattended surveillance sensors. A rapid reaction capability supported by aviation assets.

For the El Centro sector, the following: Tower-based surveillance technology. Deployable, lighter than air ground surveillance equipment. Man-portable unmanned aerial vehicles. Ultralight aircraft detection capabilities. Advanced unattended surveillance sensors. A rapid reaction capability supported by aviation assets. For the Yuma sector, the following: Tower-based surveillance technology. Mobile vehicle-mounted and man-portable surveillance systems. Deployable, lighter-than-air ground surveillance equipment.

Ultralight aircraft detection capabilities. Advanced unattended surveillance sensors. A rapid reaction capability supported by aviation assets. For the Tucson sector, the following: Increased flight hours for aerial detection, interdiction, and monitoring operations capability. Man-portable unmanned aerial vehicles. Tower-based surveillance technology. Ultralight aircraft detection capabilities. Advanced unattended surveillance sensors. Deployable, lighter than air ground surveillance equipment.

A rapid reaction capability supported by aviation assets. For the El Paso sector, the following: Tower-based surveillance technology. Ultralight aircraft detection capabilities. Advanced unattended surveillance sensors. Mobile vehicle-mounted and man-portable surveillance systems. Deployable, lighter than air ground surveillance equipment. A rapid reaction capability supported by aviation assets. For the Big Bend sector, the following: Tower-based surveillance technology. Deployable, lighter than air ground surveillance equipment.

Improved agent communications capabilities. Ultralight aircraft detection capabilities. Advanced unattended surveillance sensors. A rapid reaction capability supported by aviation assets. For the Del Rio sector, the following: Increased monitoring for cross-river dams, culverts, and footpaths. Improved agent communications capabilities. Improved maritime capabilities in the Amistad Recreation Area. Advanced unattended surveillance sensors. A rapid reaction capability supported by aviation assets.

For the Laredo sector, the following: Maritime detection resources for Falcon Lake region. Increased flight hours for aerial detection, interdiction, and monitoring operations capability. Increased monitoring for cross-river dams, culverts, and footpaths. Ultralight aircraft detection capabilities. Advanced unattended surveillance sensors. A rapid reaction capability supported by aviation assets. For the Rio Grande Valley sector, the following: Deployable, lighter than air ground surveillance equipment.

Increased flight hours for aerial detection, interdiction and monitoring operations capability. Ultralight aircraft detection capabilities. Advanced unattended surveillance sensors. Increased monitoring for cross-river dams, culverts, footpaths. A rapid reaction capability supported by aviation assets. For the Eastern Pacific Maritime region, the following: Increased cutter and boat hours and operation platforms to conduct interdiction operations. Increased maritime signals intelligence capabilities.

To increase maritime domain awareness, the following: Deployable, lighter than air surface surveillance equipment. Unmanned aerial vehicles with maritime surveillance capability. Increased maritime aviation patrol hours. Coastal radar surveillance systems. Increased operational hours for maritime security components dedicated to joint counter-smuggling and interdiction efforts with other Federal agencies, including the Joint Interagency Task Forces, and the United States Coast Guard Deployable Specialized Forces.

For the Caribbean and Gulf Maritime region, the following: Increased cutter and boat hours and operation platforms to conduct interdiction operations. Increased maritime signals intelligence capabilities. Increased maritime domain awareness and surveillance capabilities, including the following: Deployable, lighter than air surface surveillance equipment. Unmanned aerial vehicles with maritime surveillance capability. Increased maritime aviation patrol hours. Coastal radar surveillance systems.

Increased operational hours for maritime security components dedicated to joint counter-smuggling and interdiction efforts with other Federal agencies, including the Joint Interagency Task Forces, and the United States Coast Guard Deployable Specialized Forces. Not later than 18 months after the date of the enactment of this Act, the Secretary of Homeland Security shall construct, at a minimum, each of the following: Seven miles of double layer fencing in the Border Patrol’s San Diego sector in addition to such fencing in existence as of the date of the enactment of this Act.

Twenty-one miles of double layer pedestrian fencing in the Border Patrol’s Tucson sector in addition to such fencing in existence as of the date of the enactment of this Act. Ten miles of double layer pedestrian fencing in the Border Patrol’s Rio Grande Valley sector in addition to such fencing in existence as of the date of the enactment of this Act. Ten miles of double layer pedestrian fencing in the Border Patrol’s Del Rio sector in addition to such fencing in existence as of the date of the enactment of this Act.

Not later than 18 months after the date of the enactment of this Act, the Secretary of Homeland Security shall replace, at a minimum, each of the following: Thirty-one miles of landing mat fencing with bollard style fencing in the Border Patrol’s San Diego sector. Five miles of landing mat fencing with bollard style fencing in the Border Patrol’s El Centro sector. Three miles of landing mat fencing with bollard style fencing in the Border Patrol’s Yuma sector. Twenty-five miles of landing mat fencing with bollard style fencing in the Border Patrol’s Tucson sector.

Two miles of landing mat fencing with bollard style fencing in the Border Patrol’s El Paso sector. Not later than 18 months after the date of the enactment of this Act, the Secretary of Homeland Security shall complete, at a minimum, each of the following road construction projects to allow greater access for the Border Patrol: Seven miles of road construction in the Border Patrol’s San Diego sector. Ten miles of road construction in the Border Patrol’s El Centro sector. Sixteen miles of road construction in the Border Patrol’s Yuma sector.

Fifty-four miles of road construction in the Border Patrol’s Tucson sector. One hundred ninety-two miles of road construction in the Border Patrol’s Big Bend sector. Two miles of road construction in the Border Patrol’s El Paso sector. Forty-two miles of road construction in the Border Patrol’s Del Rio sector. Sixty-five miles of road construction in the Border Patrol’s Laredo sector. Fifteen miles of road construction in the Border Patrol’s Rio Grande Valley sector. Not later than 18 months after the date of the enactment of this Act, the Secretary of Homeland Security shall complete, at a minimum, each of the following:

Thirty-seven miles of road maintenance in the Border Patrol’s San Diego sector. One thousand two hundred miles of road maintenance in the Border Patrol’s Del Rio sector. Twenty-six miles of road maintenance in the Border Patrol’s Laredo sector. Ninety-four miles of road maintenance in the Border Patrol’s Rio Grande Valley sector. Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security shall complete six miles of vehicle fencing in the Border Patrol’s Big Bend sector in addition to such fencing in existence as of the date of the enactment of this Act.

Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security shall replace five miles of vehicle fencing with new vehicle fencing in the Border Patrol’s Tucson sector in addition to such fencing in existence as of the date of the enactment of this Act. Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall complete, at a minimum, the construction of each of the following: Eight boat ramps in the Border Patrol’s Del Rio sector in addition to such ramps in existence as of the date of the enactment of this Act.

One boat ramp in the Border Patrol’s Laredo sector in addition to such ramps in existence as of the date of the enactment of this Act. Twenty-one boat ramps in the Border Patrol’s Rio Grande Valley sector in addition to such ramps in existence as of the date of the enactment of this Act. Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall construct 34 access gates in the Border Patrol’s Rio Grande Valley sector in addition to such gates in existence as of the date of the enactment of this Act.

Not later than one year after the date of enactment of this Act, the Secretary of Homeland Security shall complete, at a minimum, construction of each of the following: One forward operating base in the Border Patrol’s El Paso sector in addition to such bases in existence as of the date of the enactment of this Act. Two forward operating bases in the Border Patrol’s Tucson sector in addition to such bases in existence as of the date of the enactment of this Act. Three forward operating bases in the Border Patrol’s Big Bend sector in addition to such bases in existence as of the date of the enactment of this Act.

Two forward operating bases in the Border Patrol’s Del Rio sector in addition to such bases in existence as of the date of the enactment of this Act. Two forward operating bases in the Border Patrol’s Laredo sector in addition to such bases in existence as of the date of the enactment of this Act. Two forward operating bases in the Border Patrol’s Rio Grande Valley sector in addition to such bases in existence as of the date of the enactment of this Act. The roads referred to in paragraphs

(3)and

(4)shall include border roads, patrol roads, access roads, and Federal, State, local, and privately owned roads. The forward operating bases referred to in paragraph

(9)shall be equipped with each of the following: Perimeter security. Temporary detention space. An interview room. Water. Power. Adequate communications, including wide area network connectivity. Helicopter landing zone. Congress makes the following findings: Carrizo cane is a non-native, invasive plant growing along the Rio Grande River in Texas, with heights of up to 27 feet tall. According to U.S. Customs and Border Protection, the [Carrizo cane] plant causes serious officer safety issues and operational concerns because it hampers enforcement along the [Rio Grande] river. The plant also provides concealment to criminals, drug smugglers, illegal aliens, and potential terrorists who could use it as an advantage to enter the United States illegally. The obvious officer safety hazards created by this situation are of grave concern to the Border Patrol and need to be remedied . The Chief of the Border Patrol shall coordinate with the heads of each relevant Federal and State agency to eradicate, to the greatest extent practicable, the Carrizo cane plant along the Rio Grande River. The Secretary of Homeland Security shall consult with the governors of each southern land border State and each southern border maritime State, representatives of the Border Patrol and U.S. Customs and Border Protection, and relevant Federal, State, local, and tribal agencies that have jurisdiction on the southern land border, or in the maritime environment, to develop the operational plan required under subsection

(f)and the metrics required under subsections (h), (i), (j), and (k). Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the appropriate congressional committees, the BSVC, and the Comptroller General of the United States a comprehensive operational plan for each of the components of the Department of Homeland Security responsible for border or maritime security to gain and maintain situational awareness, operational control of high traffic areas, and operational control along the southern land border of the United States by the dates, respectively, referred to in subsection (a). The plan required under paragraph

(1)shall include the following: An assessment of principal border security threats, including threats relating to the smuggling and trafficking of humans, weapons, and illicit drugs. A description of the required capability deployment under subsection (b). A plan to analyze and disseminate border security and border threat information among the border security components of the Department of Homeland Security, and between the Department and other appropriate Federal departments and agencies with missions associated with the border. A plan to achieve situational awareness using the capabilities deployed under subsection (b). A plan to ensure that any new border security assets will be operationally integrated with assets in use by the Department of Homeland Security as of the date of the enactment of this Act. A plan to eradicate the Carrizo cane plant, as required under subsection (d). Lessons learned from Operation Jumpstart and Operation Phalanx. A description of border security information received from consultation with border community stakeholders, including representatives from agricultural and ranching organizations and business and civic organizations along the northern or southern land borders. A description of the staffing requirements for all border security functions of the border security components of the Department of Homeland Security. A prioritized list of research and development objectives to enhance the security of the international land and maritime borders of the United States. An assessment of the relationship between border security operations and crossing times. Metrics required under subsections (h), (i), (j), and (k). An integrated master schedule and cost estimate, including lifecycle costs, for the activities contained in such operational plan. A documented justification and rationale for technology choices. Deployment locations. A timetable for procurement and deployment. Estimates of operation and maintenance costs. An identification of any impediments to the deployment of such technologies. The assessment required to be included in the report under paragraph (2)(A) may be submitted in classified form, if the Secretary of Homeland Security determines that such is appropriate. The Secretary of Homeland Security shall commence the implementation of the operational plan under paragraph

(1)not later than 30 days after the submission to the appropriate congressional committees of the report by the Comptroller General of the United States under subparagraph (C). Not later than 90 days after receiving the operational plan under paragraph (1), the Comptroller General of the United States shall submit to the appropriate congressional committees and the BSVC a report on the operational plan required under paragraph

(1)and such congressional justification. Not later than 180 days after the submission of each Quadrennial Homeland Security Review required under section 707 of the Homeland Security Act of 2002 ( 6 U.S.C. 347 ) beginning with the first such Review that is due after the operational plan is submitted under subsection (f), the Secretary of Homeland Security shall submit to the appropriate congressional committees, the BSVC, and the Comptroller General of the United States an updated operational plan under paragraph

(1)of subsection (f). Not later than 120 days after the date of the enactment of this Act and annually thereafter, the Chief of the Border Patrol shall develop metrics, informed by situational awareness, to measure the effectiveness of security between ports of entry, which shall include, at a minimum, the following: An unlawful border crossing effectiveness rate, informed by situational awareness. A probability of detection that measures the estimated total unlawful border crossing attempts not detected by the Border Patrol against the unlawful border crossing effectiveness rate referred to in subparagraph (A). A weight-to-frequency rate which measures the average weight of marijuana seized per seizure by the Border Patrol in any fiscal year compared to such a weight-to-frequency rate for the immediately preceding five fiscal years. A situational awareness achievement metric that measures the amount of situational awareness achieved in each Border Patrol sector. An illicit drugs seizure rate which measures the amount and type of illicit drugs seized by the Border Patrol in any fiscal year compared to an average of the amount and type of illicit drugs seized by the Border Patrol for the immediately preceding five fiscal years. In consultation with the Office of National Drug Control Policy and the United States Southern Command, a cocaine seizure effectiveness rate measured as a percentage that results from dividing the amount of cocaine seized by the Border Patrol by the total documented cocaine flow rate between ports of entry along the southern land border. Estimates, using alternative methodologies, including recidivism data, survey data, known-flow data, and technologically measured data, of total attempted unlawful border crossings, the rate of apprehension of attempted unlawful border crossers, and the inflow into the United States of unlawful border crossers who evade apprehension. Estimates of the impact of the Border Patrol’s Consequence Delivery System on the rate of recidivism of unlawful border crossers. In developing the metrics required under paragraph (1), the Chief of the Border Patrol shall consult with staff members of the Office of Policy at the Department of Homeland Security and staff members of the Office of the Chief Financial Officer of the Department of Homeland Security. Such staff members may not be political appointees. The metrics required under paragraph

(1)may not be reviewed or otherwise amended by the President, any staff employed by the Executive Office of the President, the Secretary of Homeland Security, the Deputy Secretary of Homeland Security, the Commissioner of U.S. Customs and Border Protection, or the Deputy Commissioner of U.S. Customs and Border Protection before the submission of such metrics to the appropriate congressional committees, the BSVC, and Comptroller General of the United States, as required under subsection (m). The prohibition described in this paragraph does not apply to the Office of National Drug Control Policy. Not later than 120 days after the date of the enactment of this Act and annually thereafter, the Assistant Commissioner for the Office of Field Operations in U.S. Customs and Border Protection shall develop metrics, informed by situational awareness, to measure the effectiveness of security at ports of entry, which shall include, at a minimum, the following: An inadmissible border crossing rate which measures the number of known inadmissible border crossers who are denied entry, excluding those border crossers who voluntarily withdraw their applications for admission, divided by the total estimated number of inadmissible border crossers who attempt entry. An illicit drugs seizure rate which measures the amount and type of illicit drugs seized by the Office of Field Operations of U.S. Customs and Border Protection in any fiscal year compared to an average of the amount and type of illicit drugs seized by U.S. Customs and Border Protection for the immediately preceding five fiscal years. In consultation with the Office of National Drug Control Policy and the United States Southern Command, a cocaine seizure effectiveness rate measured as a percentage that results from dividing the amount of cocaine seized by the Office of Field Operations of U.S. Customs and Border Protection by the total documented cocaine flow rate at ports of entry along the southern land border. Estimates, using alternative methodologies, including survey data and randomized secondary screening data, of total attempted inadmissible border crossers, the rate of apprehension of attempted inadmissible border crossers, and the inflow into the United States of inadmissible border crossers who evade apprehension. The number of infractions related to personnel and cargo committed by major violators who are apprehended by the Office of Field Operations of U.S. Customs and Border Protection at ports of entry, and the estimated number of such infractions committed by major violators who are not apprehended. A measurement of how border security operations affect crossing times. The amount and type of illicit drugs seized by the Office of Field Operations of U.S. Customs and Border Protection at United States seaports during the previous fiscal year. A cargo scanning rate that measures the number of cargo containers scanned by the Office of Field Operations of U.S. Customs and Border Protection at each United States seaport during the previous fiscal year against the total number of cargo containers entering the United States at each seaport during the previous fiscal year. In developing the metrics required under paragraph (1), the Assistant Commissioner for the Office of Field Operations shall consult with staff members of the Office of Policy at the Department of Homeland Security and staff members of the Office of the Chief Financial Officer of the Department of Homeland Security. Such staff members may not be political appointees. The metrics required under paragraph

(1)may not be reviewed or otherwise amended by the President, any staff employed by the Executive Office of the President, the Secretary of Homeland Security, the Deputy Secretary of Homeland Security, the Commissioner of U.S. Customs and Border Protection, or the Deputy Commissioner of U.S. Customs and Border Protection before the submission of such metrics to the appropriate congressional committees, the BSVC, and the Comptroller General of the United States, as required under subsection (m). The prohibition described in this paragraph does not apply to the Office of National Drug Control Policy. Not later than 120 days after the date of the enactment of this Act and annually thereafter, the Commandant of the United States Coast Guard and the Assistant Commissioner for the Office of Air and Marine for U.S. Customs and Border Protection shall jointly implement metrics, informed by situational awareness, to measure the effectiveness of security in the maritime environment, which shall include, at a minimum, the following: An estimate of the total number of undocumented migrants the Department of Homeland Security’s maritime security components fail to interdict. An undocumented migrant interdiction rate which measures the flow of undocumented migrants interdicted against the total estimated number of undocumented migrants the Department of Homeland Security’s maritime security components fail to interdict. An illicit drugs removal rate which measures the amount and type of illicit drugs removed by the Department of Homeland Security’s maritime security components inside a transit zone in any fiscal year compared to an average of the amount and type of illicit drugs removed by the Department of Homeland Security’s maritime security components inside a transit zone for the immediately preceding five fiscal years. An illicit drugs removal rate which measures the amount and type of illicit drugs removed by the Department of Homeland Security’s maritime security components outside a transit zone in any fiscal year compared to an average of the amount and type of illicit drugs removed by the Department of Homeland Security’s maritime security components outside a transit zone for the immediately preceding five fiscal years. A cocaine removal effectiveness rate inside a transit zone. A cocaine removal effectiveness rate outside a transit zone. A response rate which measures the ability of the maritime security components of the Department of Homeland Security to respond to and resolve known maritime threats, both inside and outside a transit zone, by placing assets on-scene, compared to the total number of events with respect to which the Department has known threat information. In developing the metrics required under paragraph (1), the Commandant of the Coast Guard and the Assistant Commissioner for Air and Marine shall consult with staff members of the Office of Policy at the Department of Homeland Security and staff members of the Office of the Chief Financial Officer of the Department of Homeland Security. Such staff members may not be political appointees. The metrics required under paragraph

(1)may not be reviewed or otherwise amended by the President, any staff employed by the Executive Office of the President, the Secretary of Homeland Security, the Deputy Secretary of Homeland Security, the Commissioner of U.S. Customs and Border Protection, or the Deputy Commissioner of U.S. Customs and Border Protection before the submission of such metrics to the appropriate congressional committees, the BSVC, and the Comptroller General of the United States, as required under subsection (m). The prohibition described in this paragraph does not apply to the Office of National Drug Control Policy. Not later than 120 days after the date of the enactment of this Act and annually thereafter, the Assistant Commissioner for the Office of Air and Marine for U.S. Customs and Border Protection shall implement metrics, informed by situational awareness, to measure the effectiveness of security in the aviation environment, which shall include, at a minimum, the following: A requirement effectiveness rate which measures U.S. Customs and Border Protection’s Office of Air and Marine flight hours requirements against the number of flight hours actually flown by such Office. A funded flight hours effectiveness rate which measures the number of funded flight hours appropriated to U.S. Customs and Border Protection’s Office of Air and Marine against the number of actual flight hours flown by such Office. A readiness rate which measures the number of aviation missions flown by U.S. Customs and Border Protection’s Office of Air and Marine against the number of aviation missions cancelled by such Office due to weather, maintenance, operations, or other causes. The number of subjects detected by U.S. Customs and Border Protection’s Office of Air and Marine through the use of unmanned aerial systems. The number of apprehensions assisted by U.S. Customs and Border Protection’s Office of Air and Marine through the use of unmanned aerial systems. The number and quantity of illicit drug seizures assisted by U.S. Customs and Border Protection’s Office of Air and Marine through the use of unmanned aerial systems. A detailed description of how, where, and for how long data and images collected through the use of unmanned aerial systems by U.S. Customs and Border Protection is collected and stored. In developing the metrics required under paragraph (1), the Assistant Commissioner for Air and Marine shall consult with staff members of the Office of Policy at the Department of Homeland Security and staff members of the Office of the Chief Financial Officer of the Department of Homeland Security. Such staff members may not be political appointees. The metrics required under paragraph

(k)fail to meet any of the deadlines required under any of such subsections, no political appointee of the Department of Homeland Security may perform any function described in paragraph

(2)until all such officials have met all of such deadlines. The functions described in this paragraph are the following: Travel using Government aircraft. Receipt of any non-essential training. Receipt of bonus pay, excluding overtime pay. Receipt of any salary increase. The metrics required under subsections (h), (i), (j), and

(k)shall be made available to the appropriate congressional committees, the BSVC, and the Comptroller General of the United States, together with the data and methodology used to develop such metrics. Not later than 270 days after receiving the data and methodology referred to in paragraph (1), the Comptroller General of the United States shall submit to the appropriate congressional committees and the BSVC a report on the suitability and statistical validity of such data and methodology, and shall make recommendations to the Secretary of Homeland Security for other suitable metrics that may be used to measure the effectiveness of border security. Such report shall inform the BSVC in reviewing the notifications required under subsection (n)(2). If the Secretary of Homeland Security determines that situational awareness and operational control of high traffic areas have been achieved by the date that is not later than two years after the date of the enactment of this Act, the Secretary shall, under penalty of perjury, submit to the appropriate congressional committees and the BSVC a notification that so attests. If the Secretary of Homeland Security determines that operational control along the southern land border of the United States has been achieved by the date that is not later than five years after the date of the enactment of this Act, the Secretary shall, under penalty of perjury, submit to the appropriate congressional committees and the BSVC a notification that so attests. Every year beginning with the year after the Secretary of Homeland Security submits the notification under subparagraph (B), if the Secretary determines that operational control along the southern land border of the United States is being maintained, the Secretary shall submit to the appropriate congressional committees and the BSVC a notification that so attests. The BSVC shall review the notifications of the Secretary of Homeland Security under subparagraphs (A), (B), and

(C)of paragraph

(1)to assess such notifications relating to the achievement of situational awareness, operational control, or both, as the case may be, in accordance with such subparagraphs. Beginning with the second annual submission of each of the metrics required under subsection

(m)and pursuant to subsections (h), (i), (j), and

(k)and annually thereafter until the termination of the BSVC under section 4(q), the BSVC shall review such metrics to assess the statistical validity and methodology of the data used to implement such metrics. Not later than 120 days after conducting a review described in subparagraph (A), the BSVC shall submit to the appropriate congressional committees a report on the results of each such review and a certification of the accuracy of the notification reviewed, in accordance with subparagraph (D). If the BSVC determines that any notification required under subparagraph (A), (B), or

(C)of paragraph

(1)is not accurate, the BSVC shall include in the report under clause

(i)an explanation of why situational awareness, operational control, or both, as the case may be, was not achieved. Such explanation shall include, at a minimum— impediments incurred; potential remedies; and recommendations to achieve situational awareness, operational control, or both, as the case may be. Not later than 120 days after conducting a review described in subparagraph (B), the BSVC shall submit to the appropriate congressional committees a report on the results of each such review and a determination of the accuracy of the metrics implemented under subsections (h), (i), (j), and (k). For purposes of subparagraph (C)(i), the BSVC shall certify the accuracy of a notification of the Secretary if four members of the BSVC vote that such certification is accurate. A vote referred to under clause

(i)shall be conducted in public. Before conducting a vote referred to in clause (i), the BSVC shall consult with the governors of each southern land border State, representatives of the National Border Patrol Council, representatives of the ranching industry in each southern land border State, and relevant State and local government agencies that have jurisdiction on the southern land border. For purposes of subparagraph (C)(iii), the BSVC shall concur in the accuracy of the metrics required under subsections (h), (i), (j), and

(k)if four members of the BSVC vote that such certification is accurate. If the Secretary of Homeland Security determines that situational awareness, operational control, or both, as the case may be, has not been achieved by the dates referred to in subsection (n)(1) (and thus fails to submit a notification to the BSVC), or if the BSVC determines pursuant to subsection (n)(2) that the Secretary has failed to achieve situational awareness and operational control of high traffic areas or has failed to achieve operational control along the southern land border by such respective dates, no political appointee of the Department of Homeland Security may perform any function described in subparagraph

(B)until the BSVC certifies that the Secretary has achieved such situational awareness, operational control, or both, as the case may be. The functions described in this subparagraph are each of the following: Travel using Government aircraft. Receipt of any non-essential training, including conferences. Receipt of bonus pay. Receipt of any salary increase. The Secretary of Homeland Security may waive the travel prohibition in paragraph (1)(B)(i) if the Secretary determines and notifies the appropriate congressional committees that— such a waiver is in the national security interests of the United States; or such travel is being carried out to achieve operational control of the southern land border of the United States. If the Secretary of Homeland Security determines that situational awareness, operational control, or both, as the case may be, has not been achieved by the dates referred to in subsection (n)(1) (and thus fails to submit a notification to the BSVC), or if the BSVC determines pursuant to subsection (n)(2) that the Secretary has failed to achieve situational awareness and operational control of high traffic areas or fails to achieve operational control along the southern land border by such respective dates, the Secretary of Homeland Security shall, within 180 days, submit to the appropriate congressional committees and the BSVC and implement a revised plan to achieve situational awareness, operational control, or both, as the case may be, that adopts the recommendations of the BSVC referred to in subsection (n)(2)(C)(ii)(III). Not later than 60 days after the date of the enactment of this Act and annually thereafter, the Secretary of Homeland Security shall submit to the appropriate congressional committees a report that includes each of the following: A resource allocation model for current and future year staffing requirements that includes optimal staffing levels at all land, air, and sea ports of entry, and an explanation of U.S. Customs and Border Protection methodology for aligning staffing levels and workload to threats and vulnerabilities and their effects on cross border trade and passenger travel across all mission areas. Detailed information on the level of manpower available at all land, air, and sea ports of entry and between ports of entry, including the number of canine and agricultural specialists assigned to each such port of entry. Detailed information describing the difference between the staffing the model suggests and the actual staffing at each port of entry and between the ports of entry. Monthly per passenger wait times, including data on per passenger processing wait times at all land, air, and sea ports of entry. A description of the infrastructure, security resources, and other measures that are necessary to achieve substantial reductions in the average wait times of vehicles at land border ports of entry. The Under Secretary for Management of the Department of Homeland Security, in coordination with the Assistant Commissioner of the Office of Administration of U.S. Customs and Border Protection, shall ensure component program managers who are responsible for carrying out subsections

(b)and

(c)adhere to internal control standards identified by the Comptroller General of the United States. The Assistant Commissioner shall provide information, as needed, to assist the Under Secretary for Management in monitoring proper program management of border security programs carried out pursuant to such subsections.

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U.S. Code

Quadrennial homeland security review
§ 347

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Sec. 3

Operational control of the border

U.S.C.§ 347

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