[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3548 Reported in House (RH)]
<DOC>
Union Calendar No. 471
115th CONGRESS
2d Session
H. R. 3548
[Report No. 115-505, Part I]
To make certain improvements to the security of the international
borders of the United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 28, 2017
Mr. McCaul (for himself, Mr. Thornberry, Mr. Sessions, Mr. Bishop of
Utah, Mr. Shuster, Mr. Smith of Texas, Mr. Brady of Texas, Mr. Conaway,
Mr. Hensarling, Mr. Carter of Texas, Ms. Granger, Mr. Calvert, Mr. King
of New York, Ms. McSally, Mr. Katko, Mr. Donovan, Mr. Ratcliffe, Mr.
Higgins of Louisiana, Mr. Estes of Kansas, Mr. Poe of Texas, Mr. Olson,
Mr. Burgess, Mr. Marchant, Mr. Farenthold, Mr. Sam Johnson of Texas,
Mr. Arrington, Mr. Culberson, Mr. Weber of Texas, Mr. Williams, Mr.
Babin, Mr. Barton, Mr. Flores, Mr. Meadows, Mr. Hunter, Mr. Cook, Mr.
Bridenstine, Mr. Palazzo, Mr. Bergman, Mr. Kelly of Mississippi, Mr.
Collins of New York, Mr. Poliquin, Mr. Franks of Arizona, Mr.
Goodlatte, Mr. Cramer, and Mr. Loudermilk) introduced the following
bill; which was referred to the Committee on Homeland Security, and in
addition to the Committees on Armed Services, Foreign Affairs, Natural
Resources, Agriculture, Transportation and Infrastructure, Ways and
Means, and Oversight and Government Reform, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
January 10, 2018
Reported from the Committee on Homeland Security with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
January 10, 2018
The Committees on Foreign Affairs, Natural Resources, Agriculture,
Transportation and Infrastructure, Ways and Means, and Oversight and
Government Reform discharged
January 10, 2018
Referral to the Committee on Armed Services extended for a period
ending not later than March 23, 2018
March 23, 2018
Additional sponsors: Mr. Pittenger, Mr. DesJarlais, Mr. Lance, Mr.
Chabot, Mr. Jody B. Hice of Georgia, Mr. Fleischmann, Mr. Gallagher,
Mr. Byrne, Mr. Wittman, Mr. Renacci, Mr. Zeldin, Mr. Grothman, Mr.
LaMalfa, Mr. Harper, Mr. Garrett, Mr. Abraham, Mr. McClintock, Mr.
Bishop of Michigan, Mr. Russell, Mr. Rutherford, Mrs. Brooks of
Indiana, Mr. Bacon, Mr. Kinzinger, Mrs. Noem, Mr. Rothfus, Mr. Norman,
Mr. Rokita, Mr. Barr, Mr. Hudson, Mr. Bucshon, Mr. Banks of Indiana,
Mr. Gaetz, and Mr. Francis Rooney of Florida
March 23, 2018
The Committee on Armed Services discharged; committed to the Committee
of the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on July
28, 2017]
_______________________________________________________________________
A BILL
To make certain improvements to the security of the international
borders of the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Border Security
for America Act of 2017''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
TITLE I--BORDER SECURITY
Sec. 101. Definitions.
Subtitle A--Infrastructure and Equipment
Sec. 111. Strengthening the requirements for barriers along the
southern border.
Sec. 112. Air and Marine Operations flight hours.
Sec. 113. Capability deployment to specific sectors and transit zone.
Sec. 114. U.S. Border Patrol physical infrastructure improvements.
Sec. 115. U.S. Border Patrol activities.
Sec. 116. Border security technology program management.
Sec. 117. National Guard support to secure the southern border and
reimbursement of States for deployment of
the National Guard at the southern border.
Sec. 118. Operation Phalanx.
Sec. 119. Merida Initiative.
Sec. 120. Prohibitions on actions that impede border security on
certain Federal land.
Sec. 121. Landowner and rancher security enhancement.
Sec. 122. Eradication of carrizo cane and salt cedar.
Sec. 123. Southern border threat analysis.
Sec. 124. Amendments to U.S. Customs and Border Protection.
Sec. 125. Agent and officer technology use.
Sec. 126. Integrated Border Enforcement Teams.
Sec. 127. Tunnel Task Forces.
Subtitle B--Personnel
Sec. 131. Additional U.S. Customs and Border Protection agents and
officers.
Sec. 132. U.S. Customs and Border Protection retention incentives.
Sec. 133. Anti-Border Corruption Reauthorization Act.
Sec. 134. Training for officers and agents of U.S. Customs and Border
Protection.
Subtitle C--Grants
Sec. 141. Operation Stonegarden.
Subtitle D--Authorization of Appropriations
Sec. 151. Authorization of appropriations.
TITLE II--EMERGENCY PORT OF ENTRY PERSONNEL AND INFRASTRUCTURE FUNDING
Sec. 201. Ports of entry infrastructure.
Sec. 202. Secure communications.
Sec. 203. Border security deployment program.
Sec. 204. Pilot and upgrade of license plate readers at ports of entry.
Sec. 205. Non-intrusive inspection operational demonstration.
Sec. 206. Biometric exit data system.
Sec. 207. Sense of Congress on cooperation between agencies.
Sec. 208. Authorization of appropriations.
Sec. 209. Definition.
TITLE I--BORDER SECURITY
SEC. 101. DEFINITIONS.
In this title:
(1) Advanced unattended surveillance sensors.--The term
``advanced unattended surveillance sensors'' means sensors that
utilize an onboard computer to analyze detections in an effort
to discern between vehicles, humans, and animals, and
ultimately filter false positives prior to transmission.
(2) Appropriate congressional committee.--The term
``appropriate congressional committee'' has the meaning given
the term in section 2(2) of the Homeland Security Act of 2002
(6 U.S.C. 101(2)).
(3) Commissioner.--The term ``Commissioner'' means the
Commissioner of U.S. Customs and Border Protection.
(4) High traffic areas.--The term ``high traffic areas''
has the meaning given such term in section 102(e)(1) of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996, as amended by section 111 of this Act.
(5) Operational control.--The term ``operational control''
has the meaning given such term in section 2(b) of the Secure
Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(6) Situational awareness.--The term ``situational
awareness'' has the meaning given such term in section
1092(a)(7) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 6 U.S.C. 223(a)(7)).
(7) Transit zone.--The term ``transit zone'' has the
meaning given such term in section 1092(a)(8) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
328; 6 U.S.C. 223(a)(7)).
Subtitle A--Infrastructure and Equipment
SEC. 111. STRENGTHENING THE REQUIREMENTS FOR BARRIERS ALONG THE
SOUTHERN BORDER.
Section 102 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Division C of Public Law 104-208; 8 U.S.C.
1103 note) is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--The Secretary of Homeland Security shall take
such actions as may be necessary (including the removal of obstacles to
detection of illegal entrants) to construct, install, deploy, operate,
and maintain tactical infrastructure and technology in the vicinity of
the United States border to achieve situational awareness and
operational control of the border and deter, impede, and detect illegal
activity in high traffic areas.'';
(2) in subsection (b)--
(A) in the subsection heading, by striking
``Fencing'' and inserting ``Physical Barriers'';
(B) in paragraph (1)--
(i) in subparagraph (A), by inserting
``situational awareness and'' before
``operational control''; and
(ii) by amending subparagraph (B) to read
as follows:
``(B) Tactical infrastructure.--
``(i) In general.--Not later than January
20, 2021, the Secretary of Homeland Security,
in carrying out subsection (a), shall deploy
along the United States border the most
practical and effective tactical infrastructure
available for achieving situational awareness
and operational control of the border.
``(ii) Exception for certain tactical
infrastructure.--The deployment of tactical
infrastructure under this subparagraph shall
not apply in areas along the border where
natural terrain features, natural barriers, or
the remoteness of such area would make
deployment ineffective, as determined by the
Secretary, for the purposes of gaining
situational awareness or operational control of
such areas.''; and
(iii) in subparagraph (C)--
(I) by amending clause (i) to read
as follows:
``(i) In general.--In carrying out this
section, the Secretary of Homeland Security
shall, before deploying tactical infrastructure
in a specific area or region, consult with the
Secretary of the Interior, the Secretary of
Agriculture, the Governors for each State on
the southern land border and northern land
border, other States, local governments, Indian
tribes, representatives of the U.S. Border
Patrol and U.S. Customs and Border Protection,
relevant Federal, State, local, and tribal
agencies that have jurisdiction on the southern
land border or in the maritime environment
along the southern border, and private property
owners in the United States to minimize the
impact on the environment, culture, commerce,
quality of life for the communities and
residents located near the sites at which
physical barriers, tactical infrastructure, and
technology are to be constructed.'';
(II) by redesignating clause (ii)
as clause (iii); and
(III) by inserting after clause
(i), as amended, the following new
clause:
``(ii) Notification.--Not later than 60
days after the consultation required under
clause (i), the Secretary of Homeland Security
shall notify the Committee on Homeland Security
of the House of Representatives and the
Committee on Homeland Security and Governmental
Affairs of the Senate of the type of tactical
infrastructure and technology the Secretary has
determined is most practical and effective to
achieve operational control and situational
awareness in a specific area and the other
alternatives the Secretary considered before
making such a determination.'';
(C) in paragraph (2)--
(i) by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security'';
and
(ii) by striking ``construction of fences''
and inserting ``the construction of physical
barriers''; and
(D) by amending paragraph (3) to read as follows:
``(3) Agent safety.--In carrying out this section, the
Secretary of Homeland Security, when constructing tactical
infrastructure, shall incorporate such safety features into the
design of such tactical infrastructure that the Secretary
determines, in the Secretary's sole discretion, are necessary
to maximize the safety and effectiveness of officers or agents
of the Department of Homeland Security or of any other Federal
agency.'';
(3) in subsection (c), by amending paragraph (1) to read as
follows:
``(1) In general.--Notwithstanding any other provision of
law, the Secretary of Homeland Security is authorized to waive
all legal requirements the Secretary, in the Secretary's sole
discretion, determines necessary to ensure the expeditious
construction, installation, operation, and maintenance of the
tactical infrastructure and technology under this section. Any
such decision by the Secretary shall be effective upon
publication in the Federal Register.''; and
(4) by adding after subsection (d) the following new
subsections:
``(e) Construction, Installation, and Maintenance of Technology.--
Not later than January 20, 2021, the Secretary of Homeland Security, in
carrying out subsection (a), shall deploy along the United States
border the most practical and effective technology available for
achieving situational awareness and operational control of the border.
``(f) Definitions.--In this section:
``(1) High traffic areas.--The term `high traffic areas'
means areas in the vicinity of the United States border that--
``(A) are within the responsibility of U.S. Customs
and Border Protection; and
``(B) have significant unlawful cross-border
activity.
``(2) Operational control.--The term `operational control'
has the meaning given such term in section 2(b) of the Secure
Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367).
``(3) Situational awareness defined.--The term `situational
awareness' has the meaning given such term in section
1092(a)(7) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328).
``(4) Tactical infrastructure.--The term `tactical
infrastructure' means--
``(A) boat ramps, access gates, checkpoints,
lighting, and roads; and
``(B) physical barriers (including fencing, border
wall system, and levee walls).
``(5) Technology defined.--The term `technology' includes
border surveillance and detection technology, including the
following:
``(A) Tower-based surveillance technology.
``(B) Deployable, lighter-than-air ground
surveillance equipment.
``(C) Vehicle and Dismount Exploitation Radars
(VADER).
``(D) 3-dimensional, seismic acoustic detection and
ranging border tunneling detection technology.
``(E) Advanced unattended surveillance sensors.
``(F) Mobile vehicle-mounted and man-portable
surveillance capabilities.
``(G) Unmanned aerial vehicles.''.
SEC. 112. AIR AND MARINE OPERATIONS FLIGHT HOURS.
(a) Increased Flight Hours.--The Secretary shall ensure that not
fewer than 95,000 annual flight hours are carried out by Air and Marine
Operations of U.S. Customs and Border Protection.
(b) Unmanned Aerial System.--The Secretary shall ensure that Air
and Marine Operations operate unmanned aerial systems on the southern
border of the United States for not less than 24 hours per day for five
days per week.
(c) Contract Air Support Authorization.--The Commissioner shall
contract for the unfulfilled identified air support mission critical
hours, as identified by the Chief of the U.S. Border Patrol.
(d) Primary Mission.--The Commissioner shall ensure that--
(1) the primary missions for Air and Marine Operations are
to directly support U.S. Border Patrol activities along the
southern border of the United States and Joint Interagency Task
Force South operations in the transit zone; and
(2) the Executive Assistant Commissioner of Air and Marine
Operations assigns the greatest priority to support missions
established by the Commissioner to carry out the requirements
under this Act.
(e) High-demand Flight Hour Requirements.--In accordance with
subsection (d), the Commissioner shall ensure that U.S. Border Patrol
Sector Chiefs--
(1) identify critical flight hour requirements; and
(2) direct Air and Marine Operations to support requests
from Sector Chiefs as their primary mission.
(f) Small Unmanned Aerial Vehicles.--
(1) In general.--The Chief of the U.S. Border Patrol shall
be the operational lead for U.S. Customs and Border
Protection's use of small unmanned aerial vehicles for the
purpose of meeting the U.S. Border Patrol's unmet flight hour
operational requirements and to achieve situational awareness
and operational control.
(2) Coordination.--In carrying out paragraph (1), the Chief
of the U.S. Border Patrol shall coordinate with the Executive
Assistant Commissioner for Air and Marine Operations of U.S.
Customs and Border Protection to ensure the safety of other
aircraft flying in the vicinity of small unmanned aerial
vehicles operated by the U.S. Border Patrol.
(3) Definition.--In this subsection, the term ``small
unmanned aerial vehicle'' means any unmanned aerial vehicle
operated by U.S. Customs and Border Protection weighing less
than 55 pounds.
(4) Conforming amendment.--Paragraph (3) of section 411(e)
of the Homeland Security Act of 2002 (6 U.S.C. 211(e)) is
amended--
(A) in subparagraph (B), by striking ``and'' after
the semicolon at the end;
(B) by redesignating subparagraph (C) as
subparagraph (D); and
(C) by inserting after subparagraph (B) the
following new subparagraph:
``(C) carry out the small unmanned aerial vehicle
requirements pursuant to subsection (f) of section 112
of the Border Security for America Act of 2017; and''.
SEC. 113. CAPABILITY DEPLOYMENT TO SPECIFIC SECTORS AND TRANSIT ZONE.
(a) In General.--Not later than January 20, 2021, the Secretary, in
implementing section 102 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (as amended by section 111 of this
Act), and acting through the appropriate component of the Department of
Homeland Security, shall deploy to each sector or region of the
southern border and the northern border, in a prioritized manner to
achieve situational awareness and operational control of such borders,
the following additional capabilities:
(1) San diego sector.--For the San Diego sector, the
following:
(A) Tower-based surveillance technology.
(B) Subterranean surveillance and detection
technologies.
(C) To increase coastal maritime domain awareness,
the following:
(i) Deployable, lighter-than-air surface
surveillance equipment.
(ii) Unmanned aerial vehicles with maritime
surveillance capability.
(iii) Maritime patrol aircraft.
(iv) Coastal radar surveillance systems.
(v) Maritime signals intelligence
capabilities.
(D) Ultralight aircraft detection capabilities.
(E) Advanced unattended surveillance sensors.
(F) A rapid reaction capability supported by
aviation assets.
(G) Mobile vehicle-mounted and man-portable
surveillance capabilities.
(H) Man-portable unmanned aerial vehicles.
(I) Improved agent communications capabilities.
(2) El centro sector.--For the El Centro sector, the
following:
(A) Tower-based surveillance technology.
(B) Deployable, lighter-than-air ground
surveillance equipment.
(C) Man-portable unmanned aerial vehicles.
(D) Ultralight aircraft detection capabilities.
(E) Advanced unattended surveillance sensors.
(F) A rapid reaction capability supported by
aviation assets.
(G) Man-portable unmanned aerial vehicles.
(H) Improved agent communications capabilities.
(3) Yuma sector.--For the Yuma sector, the following:
(A) Tower-based surveillance technology.
(B) Deployable, lighter-than-air ground
surveillance equipment.
(C) Ultralight aircraft detection capabilities.
(D) Advanced unattended surveillance sensors.
(E) A rapid reaction capability supported by
aviation assets.
(F) Mobile vehicle-mounted and man-portable
surveillance systems.
(G) Man-portable unmanned aerial vehicles.
(H) Improved agent communications capabilities.
(4) Tucson sector.--For the Tucson sector, the following:
(A) Tower-based surveillance technology.
(B) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(C) Deployable, lighter-than-air ground
surveillance equipment.
(D) Ultralight aircraft detection capabilities.
(E) Advanced unattended surveillance sensors.
(F) A rapid reaction capability supported by
aviation assets.
(G) Man-portable unmanned aerial vehicles.
(H) Improved agent communications capabilities.
(5) El paso sector.--For the El Paso sector, the following:
(A) Tower-based surveillance technology.
(B) Deployable, lighter-than-air ground
surveillance equipment.
(C) Ultralight aircraft detection capabilities.
(D) Advanced unattended surveillance sensors.
(E) Mobile vehicle-mounted and man-portable
surveillance systems.
(F) A rapid reaction capability supported by
aviation assets.
(G) Mobile vehicle-mounted and man-portable
surveillance capabilities.
(H) Man-portable unmanned aerial vehicles.
(I) Improved agent communications capabilities.
(6) Big bend sector.--For the Big Bend sector, the
following:
(A) Tower-based surveillance technology.
(B) Deployable, lighter-than-air ground
surveillance equipment.
(C) Improved agent communications capabilities.
(D) Ultralight aircraft detection capabilities.
(E) Advanced unattended surveillance sensors.
(F) A rapid reaction capability supported by
aviation assets.
(G) Mobile vehicle-mounted and man-portable
surveillance capabilities.
(H) Man-portable unmanned aerial vehicles.
(I) Improved agent communications capabilities.
(7) Del rio sector.--For the Del Rio sector, the following:
(A) Tower-based surveillance technology.
(B) Increased monitoring for cross-river dams,
culverts, and footpaths.
(C) Improved agent communications capabilities.
(D) Improved maritime capabilities in the Amistad
National Recreation Area.
(E) Advanced unattended surveillance sensors.
(F) A rapid reaction capability supported by
aviation assets.
(G) Mobile vehicle-mounted and man-portable
surveillance capabilities.
(H) Man-portable unmanned aerial vehicles.
(I) Improved agent communications capabilities.
(8) Laredo sector.--For the Laredo sector, the following:
(A) Tower-based surveillance technology.
(B) Maritime detection resources for the Falcon
Lake region.
(C) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(D) Increased monitoring for cross-river dams,
culverts, and footpaths.
(E) Ultralight aircraft detection capability.
(F) Advanced unattended surveillance sensors.
(G) A rapid reaction capability supported by
aviation assets.
(H) Man-portable unmanned aerial vehicles.
(I) Improved agent communications capabilities.
(9) Rio grande valley sector.--For the Rio Grande Valley
sector, the following:
(A) Tower-based surveillance technology.
(B) Deployable, lighter-than-air ground
surveillance equipment.
(C) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(D) Ultralight aircraft detection capability.
(E) Advanced unattended surveillance sensors.
(F) Increased monitoring for cross-river dams,
culverts, footpaths.
(G) A rapid reaction capability supported by
aviation assets.
(H) Increased maritime interdiction capabilities.
(I) Mobile vehicle-mounted and man-portable
surveillance capabilities.
(J) Man-portable unmanned aerial vehicles.
(K) Improved agent communications capabilities.
(10) Blaine sector.--For the Blaine sector, the following:
(A) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(B) Coastal radar surveillance systems.
(C) Increased maritime interdiction capabilities.
(D) Mobile vehicle-mounted and man-portable
surveillance capabilities.
(E) Advanced unattended surveillance sensors.
(F) Ultralight aircraft detection capabilities.
(G) Man-portable unmanned aerial vehicles.
(H) Improved agent communications capabilities.
(11) Spokane sector.--For the Spokane sector, the
following:
(A) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(B) Increased maritime interdiction capabilities.
(C) Mobile vehicle-mounted and man-portable
surveillance capabilities.
(D) Advanced unattended surveillance sensors.
(E) Ultralight aircraft detection capabilities.
(F) Completion of six miles of the Bog Creek road.
(G) Man-portable unmanned aerial vehicles.
(H) Improved agent communications systems.
(12) Havre sector.--For the Havre sector, the following:
(A) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(B) Mobile vehicle-mounted and man-portable
surveillance capabilities.
(C) Advanced unattended surveillance sensors.
(D) Ultralight aircraft detection capabilities.
(E) Man-portable unmanned aerial vehicles.
(F) Improved agent communications systems.
(13) Grand forks sector.--For the Grand Forks sector, the
following:
(A) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(B) Mobile vehicle-mounted and man-portable
surveillance capabilities.
(C) Advanced unattended surveillance sensors.
(D) Ultralight aircraft detection capabilities.
(E) Man-portable unmanned aerial vehicles.
(F) Improved agent communications systems.
(14) Detroit sector.--For the Detroit sector, the
following:
(A) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(B) Coastal radar surveillance systems.
(C) Increased maritime interdiction capabilities.
(D) Mobile vehicle-mounted and man-portable
surveillance capabilities.
(E) Advanced unattended surveillance sensors.
(F) Ultralight aircraft detection capabilities.
(G) Man-portable unmanned aerial vehicles.
(H) Improved agent communications systems.
(15) Buffalo sector.--For the Buffalo sector, the
following:
(A) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(B) Coastal radar surveillance systems.
(C) Increased maritime interdiction capabilities.
(D) Mobile vehicle-mounted and man-portable
surveillance capabilities.
(E) Advanced unattended surveillance sensors.
(F) Ultralight aircraft detection capabilities.
(G) Man-portable unmanned aerial vehicles.
(H) Improved agent communications systems.
(16) Swanton sector.--For the Swanton sector, the
following:
(A) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(B) Mobile vehicle-mounted and man-portable
surveillance capabilities.
(C) Advanced unattended surveillance sensors.
(D) Ultralight aircraft detection capabilities.
(E) Man-portable unmanned aerial vehicles.
(F) Improved agent communications systems.
(17) Houlton sector.--For the Houlton sector, the
following:
(A) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(B) Mobile vehicle-mounted and man-portable
surveillance capabilities.
(C) Advanced unattended surveillance sensors.
(D) Ultralight aircraft detection capabilities.
(E) Man-portable unmanned aerial vehicles.
(F) Improved agent communications systems.
(18) Transit zone.--For the transit zone, the following:
(A) Not later than two years after the date of the
enactment of this Act, an increase in the number of
overall cutter, boat, and aircraft hours spent
conducting interdiction operations over the average
number of such hours during the preceding three fiscal
years.
(B) Increased maritime signals intelligence
capabilities.
(C) To increase maritime domain awareness, the
following:
(i) Unmanned aerial vehicles with maritime
surveillance capability.
(ii) Increased maritime aviation patrol
hours.
(D) Increased operational hours for maritime
security components dedicated to joint counter-
smuggling and interdiction efforts with other Federal
agencies, including the Deployable Specialized Forces
of the Coast Guard.
(E) Coastal radar surveillance systems with long
range day and night cameras capable of providing full
maritime domain awareness of the United States
territorial waters surrounding Puerto Rico, Mona
Island, Desecheo Island, Vieques Island, Culebra
Island, Saint Thomas, Saint John, and Saint Croix.
(b) Tactical Flexibility.--
(1) Southern and northern land borders.--
(A) In general.--Beginning on January 20, 2020, or
after the Secretary has deployed at least 25 percent of
the capabilities required in each sector specified in
subsection (a), whichever comes later, the Secretary
may deviate from such capability deployments if the
Secretary determines that such deviation is required to
achieve situational awareness or operational control.
(B) Notification.--If the Secretary exercises the
authority described in subparagraph (A), the Secretary
shall, not later than 90 days after such exercise,
notify the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives
regarding the deviation under such subparagraph that is
the subject of such exercise. If the Secretary makes
any changes to such deviation, the Secretary shall, not
later than 90 days after any such change, notify such
committees regarding such change.
(2) Transit zone.--
(A) Notification.--The Secretary shall notify the
Committee on Homeland Security and Governmental Affairs
of the Senate, the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Homeland
Security of the House of Representatives, and the
Committee on Transportation and Infrastructure of the
House of Representatives regarding the capability
deployments for the transit zone specified in paragraph
(18) of subsection (a), including information relating
to--
(i) the number and types of assets and
personnel deployed; and
(ii) the impact such deployments have on
the capability of the Coast Guard to conduct
its mission in the transit zone referred to in
paragraph (18) of subsection (a).
(B) Alteration.--The Secretary may alter the
capability deployments referred to in this section if
the Secretary--
(i) determines, after consultation with the
committees referred to in subparagraph (A),
that such alteration is necessary; and
(ii) not later than 30 days after making a
determination under clause (i), notifies the
committees referred to in such subparagraph
regarding such alteration, including
information relating to--
(I) the number and types of assets
and personnel deployed pursuant to such
alteration; and
(II) the impact such alteration has
on the capability of the Coast Guard to
conduct its mission in the transit zone
referred to in paragraph (18) of
subsection (a).
(c) Exigent Circumstances.--
(1) In general.--Notwithstanding subsection (b), the
Secretary may deploy the capabilities referred to in subsection
(a) in a manner that is inconsistent with the requirements
specified in such subsection if, after the Secretary has
deployed at least 25 percent of such capabilities, the
Secretary determines that exigent circumstances demand such an
inconsistent deployment or that such an inconsistent deployment
is vital to the national security interests of the United
States.
(2) Notification.--The Secretary shall notify the Committee
on Homeland Security of the House of Representative and the
Committee on Homeland Security and Governmental Affairs of the
Senate not later than 30 days after making a determination
under paragraph (1). Such notification shall include a detailed
justification regarding such determination.
SEC. 114. U.S. BORDER PATROL PHYSICAL INFRASTRUCTURE IMPROVEMENTS.
The Secretary shall upgrade existing physical infrastructure of the
Department of Homeland Security, and construct and acquire additional
physical infrastructure, including--
(1) U.S. Border Patrol stations;
(2) U.S. Border Patrol checkpoints;
(3) mobile command centers; and
(4) other necessary facilities, structures, and properties.
SEC. 115. U.S. BORDER PATROL ACTIVITIES.
The Chief of the U.S. Border Patrol shall prioritize the deployment
of U.S. Border Patrol agents to as close to the physical land border as
possible, consistent with border security enforcement priorities and
accessibility to such areas.
SEC. 116. BORDER SECURITY TECHNOLOGY PROGRAM MANAGEMENT.
(a) In General.--Subtitle C of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the
following new section:
``SEC. 434. BORDER SECURITY TECHNOLOGY PROGRAM MANAGEMENT.
``(a) Major Acquisition Program Defined.--In this section, the term
`major acquisition program' means an acquisition program of the
Department that is estimated by the Secretary to require an eventual
total expenditure of at least $300,000,000 (based on fiscal year 2017
constant dollars) over its life cycle cost.
``(b) Planning Documentation.--For each border security technology
acquisition program of the Department that is determined to be a major
acquisition program, the Secretary shall--
``(1) ensure that each such program has a written
acquisition program baseline approved by the relevant
acquisition decision authority;
``(2) document that each such program is meeting cost,
schedule, and performance thresholds as specified in such
baseline, in compliance with relevant departmental acquisition
policies and the Federal Acquisition Regulation; and
``(3) have a plan for meeting program implementation
objectives by managing contractor performance.
``(c) Adherence to Standards.--The Secretary, acting through the
Under Secretary for Management and the Commissioner of U.S. Customs and
Border Protection, shall ensure border security technology acquisition
program managers who are responsible for carrying out this section
adhere to relevant internal control standards identified by the
Comptroller General of the United States. The Commissioner shall
provide information, as needed, to assist the Under Secretary in
monitoring management of border security technology acquisition
programs under this section.
``(d) Plan.--The Secretary, acting through the Under Secretary for
Management, in coordination with the Under Secretary for Science and
Technology and the Commissioner of U.S. Customs and Border Protection,
shall submit to the appropriate congressional committees a plan for
testing, evaluating, and using independent verification and validation
resources for border security technology. Under the plan, new border
security technologies shall be evaluated through a series of
assessments, processes, and audits to ensure--
``(1) compliance with relevant departmental acquisition
policies and the Federal Acquisition Regulation; and
``(2) the effective use of taxpayer dollars.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 433 the following new item:
``Sec. 434. Border security technology program management.''.
(c) Prohibition on Additional Authorization of Appropriations.--No
additional funds are authorized to be appropriated to carry out section
434 of the Homeland Security Act of 2002, as added by subsection (a).
Such section shall be carried out using amounts otherwise authorized
for such purposes.
SEC. 117. NATIONAL GUARD SUPPORT TO SECURE THE SOUTHERN BORDER AND
REIMBURSEMENT OF STATES FOR DEPLOYMENT OF THE NATIONAL
GUARD AT THE SOUTHERN BORDER.
(a) In General.--With the approval of the Secretary and the
Secretary of Defense, the Governor of a State may order any units or
personnel of the National Guard of such State to perform operations and
missions under section 502(f) of title 32, United States Code, along
the southern border for the purposes of assisting U.S. Customs and
Border Protection to achieve situational awareness and operational
control of the border.
(b) Assignment of Operations and Missions.--
(1) In general.--National Guard units and personnel
deployed under subsection (a) may be assigned such operations
and missions specified in subsection (c) as may be necessary to
secure the southern border.
(2) Nature of duty.--The duty of National Guard personnel
performing operations and missions described in paragraph (1)
shall be full-time duty under title 32, United States Code.
(c) Range of Operations and Missions.--The operations and missions
assigned under subsection (b) shall include the temporary authority
to--
(1) construct reinforced fencing or other barriers;
(2) operate ground-based surveillance systems;
(3) operate unmanned and manned aircraft;
(4) provide radio communications interoperability between
U.S. Customs and Border Protection and State, local, and tribal
law enforcement agencies;
(5) construct checkpoints along the Southern border to
bridge the gap to long-term permanent checkpoints; and
(6) provide intelligence support.
(d) Materiel and Logistical Support.--The Secretary of Defense
shall deploy such materiel, equipment, and logistical support as may be
necessary to ensure success of the operations and missions conducted by
the National Guard under this section.
(e) Exclusion From National Guard Personnel Strength Limitations.--
National Guard personnel deployed under subsection (a) shall not be
included in--
(1) the calculation to determine compliance with limits on
end strength for National Guard personnel; or
(2) limits on the number of National Guard personnel that
may be placed on active duty for operational support under
section 115 of title 10, United States Code.
(f) Reimbursement Required.--
(1) In general.--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 in
full-time State Active Duty in support of a southern border
mission. The Secretary of Defense may not seek reimbursement
from the Secretary for any reimbursements paid to States for
the costs of such deployments.
(2) Limitation.--The total amount of reimbursements under
this section may not exceed $35,000,000 for any fiscal year.
SEC. 118. OPERATION PHALANX.
(a) In General.--The Secretary of Defense, with the concurrence of
the Secretary, shall provide assistance to U.S. Customs and Border
Protection for purposes of increasing ongoing efforts to secure the
southern border.
(b) Types of Assistance Authorized.--The assistance provided under
subsection (a) may include--
(1) deployment of manned aircraft, unmanned aerial
surveillance systems, and ground-based surveillance systems to
support continuous surveillance of the southern border; and
(2) intelligence analysis support.
(c) Materiel and Logistical Support.--The Secretary of Defense may
deploy such materiel, equipment, and logistics support as may be
necessary to ensure the effectiveness of the assistance provided under
subsection (a).
(d) Authorization of Appropriations.--There are authorized to be
appropriated for the Department of Defense $75,000,000 to provide
assistance under this section. The Secretary of Defense may not seek
reimbursement from the Secretary for any assistance provided under this
section.
(e) Reports.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act and annually thereafter, the
Secretary of Defense shall submit a report to the appropriate
congressional defense committees (as defined in section
101(a)(16) of title 10, United States Code) regarding any
assistance provided under subsection (a) during the period
specified in paragraph (3).
(2) Elements.--Each report under paragraph (1) shall
include, for the period specified in paragraph (3), a
description of--
(A) the assistance provided;
(B) the sources and amounts of funds used to
provide such assistance; and
(C) the amounts obligated to provide such
assistance.
(3) Period specified.--The period specified in this
paragraph is--
(A) in the case of the first report required under
paragraph (1), the 90-day period beginning on the date
of the enactment of this Act; and
(B) in the case of any subsequent report submitted
under paragraph (1), the calendar year for which the
report is submitted.
SEC. 119. MERIDA INITIATIVE.
(a) Sense of Congress.--It is the sense of Congress that assistance
to Mexico, including assistance from the Department of State and the
Department of Defense and any aid related to the Merida Initiative
should--
(1) focus on providing enhanced border security at Mexico's
northern and southern borders, judicial reform, and support for
Mexico's anti-drug efforts; and
(2) return to its original focus and prioritize security,
training, and acquisition of equipment for Mexican security
forces involved in anti-drug efforts as well as be used to
train prosecutors in ongoing justice reform efforts.
(b) Assistance for Mexico.--The Secretary of State, in coordination
with the Secretary and the Secretary of Defense, shall provide level
and consistent assistance to Mexico to--
(1) combat drug production and trafficking and related
violence, transnational organized criminal organizations, and
corruption;
(2) build a secure, modern border security system capable
of preventing illegal migration;
(3) support border security and cooperation with United
States military, intelligence, and law enforcement agencies on
border incursions;
(4) support judicial reform, institution building, and rule
of law activities to build judicial capacity, address
corruption and impunity, and support human rights; and
(5) provide for training and equipment for Mexican security
forces involved in efforts to eradicate and interdict drugs.
(c) Allocation of Funds; Report.--
(1) In general.--Notwithstanding any other provision of
law, 50 percent of any assistance appropriated in any
appropriations Act to implement this section shall be withheld
until after the Secretary of State submits a written report to
the congressional committees specified in paragraph (3)
certifying that the Government of Mexico is--
(A) significantly reducing illegal migration, drug
trafficking, and cross-border criminal activities on
Mexico's northern and southern borders;
(B) taking significant action to address
corruption, impunity, and human rights abuses; and
(C) improving the transparency and accountability
of Mexican Federal police forces and working with
Mexican State and municipal authorities to improve the
transparency and accountability of Mexican State and
municipal police forces.
(2) Matters to include.--The report required under
paragraph (1) shall include a description of--
(A) actions taken by the Government of Mexico to
address the matters described in such paragraph;
(B) any relevant assessments by civil society and
non-government organizations in Mexico relating to such
matters; and
(C) any instances in which the Secretary determines
that the actions taken by the Government of Mexico are
inadequate to address such matters.
(3) Congressional committees specified.--The congressional
committees specified in this paragraph are--
(A) the Committee on Appropriations of the Senate;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(C) the Committee on the Judiciary of the Senate;
(D) the Committee on Foreign Relations of the
Senate;
(E) the Committee on Appropriations of the House of
Representatives;
(F) the Committee on Homeland Security of the House
of Representatives;
(G) the Committee on the Judiciary of the House of
Representatives; and
(H) the Committee on Foreign Affairs of the House
of Representatives.
(d) Notifications.--Any assistance made available by the Secretary
of State under this section shall be subject to--
(1) the notification procedures set forth in section 634A
of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-1); and
(2) the notification requirements of--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on the Judiciary of the Senate;
(C) the Committee on Foreign Relations of the
Senate;
(D) the Committee on Homeland Security of the House
of Representatives;
(E) the Committee on the Judiciary of the House of
Representatives; and
(F) the Committee on Foreign Affairs in the House
of Representatives.
(e) Spending Plan.--
(1) In general.--Not later than 45 days after the date of
the enactment of this Act, the Secretary of State shall submit
to the congressional committees specified in paragraph (2) a
detailed spending plan for assistance to Mexico under this
section, which shall include a strategy, developed after
consulting with relevant authorities of the Government of
Mexico, for--
(A) combating drug trafficking and related violence
and organized crime; and
(B) anti-corruption and rule of law activities,
which shall include concrete goals, actions to be
taken, budget proposals, and a description of
anticipated results.
(2) Congressional committees specified.--The congressional
committees specified in this paragraph are--
(A) the Committee on Appropriations of the Senate;
(B) the Committee on Foreign Relations of the
Senate;
(C) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(D) the Committee on the Judiciary of the Senate;
(E) the Committee on Appropriations of the House of
Representatives;
(F) the Committee on Foreign Affairs of the House
of Representatives;
(G) the Committee on Homeland Security of the House
of Representatives; and
(H) the Committee on the Judiciary of the House of
Representatives.
SEC. 120. PROHIBITIONS ON ACTIONS THAT IMPEDE BORDER SECURITY ON
CERTAIN FEDERAL LAND.
(a) Prohibition on Interference With U.S. Customs and Border
Protection.--
(1) In general.--The Secretary concerned shall not impede,
prohibit, or restrict activities of U.S. Customs and Border
Protection on covered Federal land to execute search and rescue
operations or to prevent all unlawful entries into the United
States, including entries by terrorists, other unlawful aliens,
instruments of terrorism, narcotics, and other contraband
through the southern border or the northern border.
(2) Applicability.--The authority of U.S. Customs and
Border Protection to conduct activities described in paragraph
(1) on covered Federal land applies without regard to whether a
state of emergency exists.
(b) Authorized Activities of U.S. Customs and Border Protection.--
(1) In general.--U.S. Customs and Border Protection shall
have immediate access to covered Federal land to conduct the
activities described in paragraph (2) on such land to prevent
all unlawful entries into the United States, including entries
by terrorists, other unlawful aliens, instruments of terrorism,
narcotics, and other contraband through the southern border or
the northern border.
(2) Activities described.--The activities described in this
paragraph are--
(A) The use of motorized vehicles, foot patrols,
and horseback to patrol the border area, apprehend
illegal entrants, and rescue individuals; and
(B) the construction, installation, operation and
maintenance of tactical infrastructure and border
technology described in section 102 of the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996 (as amended by section 111 of this Act).
(c) Clarification Relating to Waiver Authority.--
(1) In general.--The activities of U.S. Customs and Border
Protection described in subsection (b)(2) may be carried out
without regard to the provisions of law specified in paragraph
(2).
(2) Provisions of law specified.--The provisions of law
specified in this section are all Federal, State, or other
laws, regulations, and legal requirements of, deriving from, or
related to the subject of, the following laws:
(A) The National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
(B) The Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.).
(C) The Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.) (commonly referred to as the
``Clean Water Act'').
(D) Division A of subtitle III of title 54, United
States Code (54 U.S.C. 300301 et seq.) (formerly known
as the ``National Historic Preservation Act'').
(E) The Migratory Bird Treaty Act (16 U.S.C. 703 et
seq.).
(F) The Clean Air Act (42 U.S.C. 7401 et seq.).
(G) The Archaeological Resources Protection Act of
1979 (16 U.S.C. 470aa et seq.).
(H) The Safe Drinking Water Act (42 U.S.C. 300f et
seq.).
(I) The Noise Control Act of 1972 (42 U.S.C. 4901
et seq.).
(J) The Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.).
(K) The Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.).
(L) Chapter 3125 of title 54, United States Code
(formerly known as the ``Archaeological and Historic
Preservation Act'').
(M) The Antiquities Act (16 U.S.C. 431 et seq.).
(N) Chapter 3203 of title 54, United States Code
(formerly known as the ``Historic Sites, Buildings, and
Antiquities Act'').
(O) The Wild and Scenic Rivers Act (16 U.S.C. 1271
et seq.).
(P) The Farmland Protection Policy Act (7 U.S.C.
4201 et seq.).
(Q) The Coastal Zone Management Act of 1972 (16
U.S.C. 1451 et seq.).
(R) The Wilderness Act (16 U.S.C. 1131 et seq.).
(S) The Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.).
(T) The National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd et seq.).
(U) The Fish and Wildlife Act of 1956 (16 U.S.C.
742a et seq.).
(V) The Fish and Wildlife Coordination Act (16
U.S.C. 661 et seq.).
(W) Subchapter II of chapter 5, and chapter 7, of
title 5, United States Code (commonly known as the
``Administrative Procedure Act'').
(X) The Otay Mountain Wilderness Act of 1999
(Public Law 106-145).
(Y) Sections 102(29) and 103 of the California
Desert Protection Act of 1994 (Public Law 103-433).
(Z) Division A of subtitle I of title 54, United
States Code (formerly known as the ``National Park
Service Organic Act''.
(AA) The National Park Service General Authorities
Act (Public Law 91-383, 16 U.S.C. 1a-1 et seq.).
(BB) Sections 401(7), 403, and 404 of the National
Parks and Recreation Act of 1978 (Public Law 95-625).
(CC) Sections 301(a) through (f) of the Arizona
Desert Wilderness Act (Public Law 101-628).
(DD) The Rivers and Harbors Act of 1899 (33 U.S.C.
403).
(EE) The Eagle Protection Act (16 U.S.C. 668 et
seq.).
(FF) The Native American Graves Protection and
Repatriation Act (25 U.S.C. 3001 et seq.).
(GG) The American Indian Religious Freedom Act (42
U.S.C. 1996).
(HH) The Religious Freedom Restoration Act (42
U.S.C. 2000bb).
(II) The National Forest Management Act of 1976 (16
U.S.C. 1600 et seq.).
(JJ) The Multiple Use and Sustained Yield Act of
1960 (16 U.S.C. 528 et seq.).
(3) Applicability of waiver to successor laws.--If a
provision of law specified in paragraph (2) was repealed and
incorporated into title 54, United States Code, after April 1,
2008, and before the date of the enactment of this Act, the
waiver described in paragraph (1) shall apply to the provision
of such title that corresponds to the provision of law
specified in paragraph (2) to the same extent the waiver
applied to that provision of law.
(4) Savings clause.--The waiver authority under this
subsection may not be construed as affecting, negating, or
diminishing in any manner the applicability of section 552 of
title 5, United States Code (commonly referred to as the
``Freedom of Information Act''), in any relevant matter.
(d) Protection of Legal Uses.--This section may not be construed to
provide--
(1) authority to restrict legal uses, such as grazing,
hunting, mining, or recreation or the use of backcountry
airstrips, on land under the jurisdiction of the Secretary of
the Interior or the Secretary of Agriculture; or
(2) any additional authority to restrict legal access to
such land.
(e) Effect on State and Private Land.--This section shall--
(1) have no force or effect on State lands or private
lands; and
(2) not provide authority on or access to State lands or
private lands.
(f) Tribal Sovereignty.--Nothing in this section may be construed
to supersede, replace, negate, or diminish treaties or other agreements
between the United States and Indian tribes.
(g) Memoranda of Understanding.--The requirements of this section
shall not apply to the extent that such requirements are incompatible
with any memorandum of understanding or similar agreement entered into
between the Commissioner of U.S. Customs and Border Protection and a
National Park Unit before, on, or after the date of the enactment of
this Act.
(h) Definitions.--In this section:
(1) Covered federal land.--The term ``covered Federal
land'' includes all land under the control of the Secretary
concerned that is located within 100 miles of the southern
border or the northern border.
(2) Secretary concerned.--The term ``Secretary concerned''
means--
(A) with respect to land under the jurisdiction of
the Department of Agriculture, the Secretary of
Agriculture; and
(B) with respect to land under the jurisdiction of
the Department of the Interior, the Secretary of the
Interior.
SEC. 121. LANDOWNER AND RANCHER SECURITY ENHANCEMENT.
(a) Establishment of National Border Security Advisory Committee.--
The Secretary shall establish a National Border Security Advisory
Committee, which--
(1) may advise, consult with, report to, and make
recommendations to the Secretary on matters relating to border
security matters, including--
(A) verifying security claims and the border
security metrics established by the Department of
Homeland Security under section 1092 of the National
Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328; 6 U.S.C. 223); and
(B) discussing ways to improve the security of high
traffic areas along the northern border and the
southern border; and
(2) may provide, through the Secretary, recommendations to
Congress.
(b) Consideration of Views.--The Secretary shall consider the
information, advice, and recommendations of the National Border
Security Advisory Committee in formulating policy regarding matters
affecting border security.
(c) Membership.--The National Border Security Advisory Committee
shall consist of at least one member from each State who--
(1) has at least five years practical experience in border
security operations; or
(2) lives and works in the United States within 80 miles
from the southern border or the northern border.
(d) Nonapplicability of Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the
National Border Security Advisory Committee.
SEC. 122. ERADICATION OF CARRIZO CANE AND SALT CEDAR.
Not later than January 20, 2021, the Secretary, after coordinating
with the heads of the relevant Federal, State, and local agencies,
shall begin eradicating the carrizo cane plant and any salt cedar along
the Rio Grande River.
SEC. 123. SOUTHERN BORDER THREAT ANALYSIS.
(a) Threat Analysis.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs
of the Senate a Southern border threat analysis.
(2) Contents.--The analysis submitted under paragraph (1)
shall include an assessment of--
(A) current and potential terrorism and criminal
threats posed by individuals and organized groups
seeking--
(i) to unlawfully enter the United States
through the Southern border; or
(ii) to exploit security vulnerabilities
along the Southern border;
(B) improvements needed at and between ports of
entry along the Southern border to prevent terrorists
and instruments of terror from entering the United
States;
(C) gaps in law, policy, and coordination between
State, local, or tribal law enforcement, international
agreements, or tribal agreements that hinder effective
and efficient border security, counterterrorism, and
anti-human smuggling and trafficking efforts;
(D) the current percentage of situational awareness
achieved by the Department along the Southern border;
(E) the current percentage of operational control
achieved by the Department on the Southern border; and
(F) traveler crossing times and any potential
security vulnerability associated with prolonged wait
times.
(3) Analysis requirements.--In compiling the Southern
border threat analysis required under this subsection, the
Secretary shall consider and examine--
(A) the technology needs and challenges, including
such needs and challenges identified as a result of
previous investments that have not fully realized the
security and operational benefits that were sought;
(B) the personnel needs and challenges, including
such needs and challenges associated with recruitment
and hiring;
(C) the infrastructure needs and challenges;
(D) the roles and authorities of State, local, and
tribal law enforcement in general border security
activities;
(E) the status of coordination among Federal,
State, local, tribal, and Mexican law enforcement
entities relating to border security;
(F) the terrain, population density, and climate
along the Southern border; and
(G) the international agreements between the United
States and Mexico related to border security.
(4) Classified form.--To the extent possible, the Secretary
shall submit the Southern border threat analysis required under
this subsection in unclassified form, but may submit a portion
of the threat analysis in classified form if the Secretary
determines such action is appropriate.
(b) U.S. Border Patrol Strategic Plan.--
(1) In general.--Not later than 180 days after the
submission of the threat analysis required under subsection (a)
or June 30, 2018, and every five years thereafter, the
Secretary, acting through the Chief of the U.S. Border Patrol,
shall issue a Border Patrol Strategic Plan.
(2) Contents.--The Border Patrol Strategic Plan required
under this subsection shall include a consideration of--
(A) the Southern border threat analysis required
under subsection (a), with an emphasis on efforts to
mitigate threats identified in such threat analysis;
(B) efforts to analyze and disseminate border
security and border threat information between border
security components of the Department and other
appropriate Federal departments and agencies with
missions associated with the Southern border;
(C) efforts to increase situational awareness,
including--
(i) surveillance capabilities, including
capabilities developed or utilized by the
Department of Defense, and any appropriate
technology determined to be excess by the
Department of Defense; and
(ii) the use of manned aircraft and
unmanned aerial systems, including camera and
sensor technology deployed on such assets;
(D) efforts to detect and prevent terrorists and
instruments of terrorism from entering the United
States;
(E) efforts to detect, interdict, and disrupt
aliens and illicit drugs at the earliest possible
point;
(F) efforts to focus intelligence collection to
disrupt transnational criminal organizations outside of
the international and maritime borders of the United
States;
(G) efforts to ensure that any new border security
technology can be operationally integrated with
existing technologies in use by the Department;
(H) any technology required to maintain, support,
and enhance security and facilitate trade at ports of
entry, including nonintrusive detection equipment,
radiation detection equipment, biometric technology,
surveillance systems, and other sensors and technology
that the Secretary determines to be necessary;
(I) operational coordination unity of effort
initiatives of the border security components of the
Department, including any relevant task forces of the
Department;
(J) lessons learned from Operation Jumpstart and
Operation Phalanx;
(K) cooperative agreements and information sharing
with State, local, tribal, territorial, and other
Federal law enforcement agencies that have jurisdiction
on the Northern border or the Southern border;
(L) border security information received from
consultation with State, local, tribal, territorial,
and Federal law enforcement agencies that have
jurisdiction on the Northern border or the Southern
border, or in the maritime environment, and from border
community stakeholders (including through public
meetings with such stakeholders), including
representatives from border agricultural and ranching
organizations and representatives from business and
civic organizations along the Northern border or the
Southern border;
(M) staffing requirements for all departmental
border security functions;
(N) a prioritized list of departmental research and
development objectives to enhance the security of the
Southern border;
(O) an assessment of training programs, including
training programs for--
(i) identifying and detecting fraudulent
documents;
(ii) understanding the scope of enforcement
authorities and the use of force policies; and
(iii) screening, identifying, and
addressing vulnerable populations, such as
children and victims of human trafficking; and
(P) an assessment of how border security operations
affect border crossing times.
SEC. 124. AMENDMENTS TO U.S. CUSTOMS AND BORDER PROTECTION.
(a) Duties.--Subsection (c) of section 411 of the Homeland Security
Act of 2002 (6 U.S.C. 211) is amended--
(1) in paragraph (17), by striking ``and'' after the
semicolon at the end;
(2) by redesignating paragraph (18) as paragraph (20); and
(3) by inserting after paragraph (17) the following new
paragraphs:
``(18) administer the U.S. Customs and Border Protection
public private partnerships under subtitle G;
``(19) administer preclearance operations under the
Preclearance Authorization Act of 2015 (19 U.S.C. 4431 et seq.;
enacted as subtitle B of title VIII of the Trade Facilitation
and Trade Enforcement Act of 2015; 19 U.S.C. 4301 et seq.);
and''.
(b) Office of Field Operations Staffing.--Subparagraph (A) of
section 411(g)(5) of the Homeland Security Act of 2002 (6 U.S.C.
211(g)(5)) is amended by inserting before the period at the end the
following: ``compared to the number indicated by the current fiscal
year work flow staffing model''.
(c) Implementation Plan.--Subparagraph (B) of section 814(e)(1) of
the Preclearance Authorization Act of 2015 (19 U.S.C. 4433(e)(1);
enacted as subtitle B of title VIII of the Trade Facilitation and Trade
Enforcement Act of 2015; 19 U.S.C. 4301 et seq.) is amended to read as
follows:
``(B) a port of entry vacancy rate which compares
the number of officers identified in subparagraph (A)
with the number of officers at the port at which such
officer is currently assigned.''.
SEC. 125. AGENT AND OFFICER TECHNOLOGY USE.
In carrying out section 102 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (as amended by section 111 of this
Act) and section 113 of this Act, the Secretary shall, to the greatest
extent practicable, ensure that technology deployed to gain situational
awareness and operational control of the border be provided to front-
line officers and agents of the Department of Homeland Security.
SEC. 126. INTEGRATED BORDER ENFORCEMENT TEAMS.
(a) In General.--Subtitle C of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 231 et seq.), as amended by section 116 of this
Act, is further amended by adding at the end the following new section:
``SEC. 435. INTEGRATED BORDER ENFORCEMENT TEAMS.
``(a) Establishment.--The Secretary shall establish within the
Department a program to be known as the Integrated Border Enforcement
Team program (referred to in this section as `IBET').
``(b) Purpose.--The Secretary shall administer the IBET program in
a manner that results in a cooperative approach between the United
States and Canada to--
``(1) strengthen security between designated ports of
entry;
``(2) detect, prevent, investigate, and respond to
terrorism and violations of law related to border security;
``(3) facilitate collaboration among components and offices
within the Department and international partners;
``(4) execute coordinated activities in furtherance of
border security and homeland security; and
``(5) enhance information-sharing, including the
dissemination of homeland security information among such
components and offices.
``(c) Composition and Location of Ibets.--
``(1) Composition.--IBETs shall be led by the United States
Border Patrol and may be comprised of personnel from the
following:
``(A) Other subcomponents of U.S. Customs and
Border Protection.
``(B) U.S. Immigration and Customs Enforcement, led
by Homeland Security Investigations.
``(C) The Coast Guard, for the purpose of securing
the maritime borders of the United States.
``(D) Other Department personnel, as appropriate.
``(E) Other Federal departments and agencies, as
appropriate.
``(F) Appropriate State law enforcement agencies.
``(G) Foreign law enforcement partners.
``(H) Local law enforcement agencies from affected
border cities and communities.
``(I) Appropriate tribal law enforcement agencies.
``(2) Location.--The Secretary is authorized to establish
IBETs in regions in which such teams can contribute to IBET
missions, as appropriate. When establishing an IBET, the
Secretary shall consider the following:
``(A) Whether the region in which the IBET would be
established is significantly impacted by cross-border
threats.
``(B) The availability of Federal, State, local,
tribal, and foreign law enforcement resources to
participate in an IBET.
``(C) Whether, in accordance with paragraph (3),
other joint cross-border initiatives already take place
within the region in which the IBET would be
established, including other Department cross-border
programs such as the Integrated Cross-Border Maritime
Law Enforcement Operation Program established under
section 711 of the Coast Guard and Maritime
Transportation Act of 2012 (46 U.S.C. 70101 note) or
the Border Enforcement Security Task Force established
under section 432.
``(3) Duplication of efforts.--In determining whether to
establish a new IBET or to expand an existing IBET in a given
region, the Secretary shall ensure that the IBET under
consideration does not duplicate the efforts of other existing
interagency task forces or centers within such region,
including the Integrated Cross-Border Maritime Law Enforcement
Operation Program established under section 711 of the Coast
Guard and Maritime Transportation Act of 2012 (46 U.S.C. 70101
note) or the Border Enforcement Security Task Force established
under section 432.
``(d) Operation.--
``(1) In general.--After determining the regions in which
to establish IBETs, the Secretary may--
``(A) direct the assignment of Federal personnel to
such IBETs; and
``(B) take other actions to assist Federal, State,
local, and tribal entities to participate in such
IBETs, including providing financial assistance, as
appropriate, for operational, administrative, and
technological costs associated with such participation.
``(2) Limitation.--Coast Guard personnel assigned under
paragraph (1) may be assigned only for the purposes of securing
the maritime borders of the United States, in accordance with
subsection (c)(1)(C).
``(e) Coordination.--The Secretary shall coordinate the IBET
program with other similar border security and antiterrorism programs
within the Department in accordance with the strategic objectives of
the Cross-Border Law Enforcement Advisory Committee.
``(f) Memoranda of Understanding.--The Secretary may enter into
memoranda of understanding with appropriate representatives of the
entities specified in subsection (c)(1) necessary to carry out the IBET
program.
``(g) Report.--Not later than 180 days after the date on which an
IBET is established and biannually thereafter for the following six
years, the Secretary shall submit to the appropriate congressional
committees, including the Committee on Homeland Security of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate, and in the case of Coast Guard
personnel used to secure the maritime borders of the United States,
additionally to the Committee on Transportation and Infrastructure of
the House of Representatives, a report that--
``(1) describes the effectiveness of IBETs in fulfilling
the purposes specified in subsection (b);
``(2) assess the impact of certain challenges on the
sustainment of cross-border IBET operations, including
challenges faced by international partners;
``(3) addresses ways to support joint training for IBET
stakeholder agencies and radio interoperability to allow for
secure cross-border radio communications; and
``(4) assesses how IBETs, Border Enforcement Security Task
Forces, and the Integrated Cross-Border Maritime Law
Enforcement Operation Program can better align operations,
including interdiction and investigation activities.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by adding after the item
relating to section 434 the following new item:
``Sec. 435. Integrated Border Enforcement Teams.''.
SEC. 127. TUNNEL TASK FORCES.
The Secretary is authorized to establish Tunnel Task Forces for the
purposes of detecting and remediating tunnels that breach the
international borders of the United States.
Subtitle B--Personnel
SEC. 131. ADDITIONAL U.S. CUSTOMS AND BORDER PROTECTION AGENTS AND
OFFICERS.
(a) Border Patrol Agents.--Not later than September 30, 2021, the
Commissioner of U.S. Customs and Border Protection shall hire, train,
and assign sufficient agents to maintain an active duty presence of not
fewer than 26,370 full-time equivalent agents.
(b) CBP Officers.--In addition to positions authorized before the
date of the enactment of this Act and any existing officer vacancies
within U.S. Customs and Border Protection as of such date, the
Commissioner shall hire, train, and assign to duty, not later than
September 30, 2021--
(1) sufficient U.S. Customs and Border Protection officers
to maintain an active duty presence of not fewer than 27,725
full-time equivalent officers; and
(2) 350 full-time support staff distributed among all
United States ports of entry.
(c) Air and Marine Operations.--Not later than September 30, 2021,
the Commissioner of U.S. Customs and Border Protection shall hire,
train, and assign sufficient agents for Air and Marine Operations of
U.S. Customs and Border Protection to maintain not fewer than 1,675
full-time equivalent agents and not fewer than 264 Marine and Air
Interdiction Agents for southern border air and maritime operations.
(d) U.S. Customs and Border Protection K-9 Units and Handlers.--
(1) K-9 units.--Not later than September 30, 2021, the
Commissioner shall deploy not fewer than 300 new K-9 units,
with supporting officers of U.S. Customs and Border Protection
and other required staff, at land ports of entry and
checkpoints, on the southern border and the northern border.
(2) Use of canines.--The Commissioner shall prioritize the
use of canines at the primary inspection lanes at land ports of
entry and checkpoints.
(e) U.S. Customs and Border Protection Horseback Units.--
(1) Increase.--Not later than September 30, 2021, the
Commissioner shall increase the number of horseback units, with
supporting officers of U.S. Customs and Border Protection and
other required staff, by not fewer than 100 officers and 50
horses for security patrol along the Southern border.
(2) Funding limitation.--Of the amounts authorized to be
appropriated for U.S. Customs and Border Protection under this
Act, not more than one percent may be used for the purchase of
additional horses, the construction of new stables, maintenance
and improvements of existing stables, and for feed, medicine,
and other resources needed to maintain the health and well-
being of the horses that serve in the horseback units.
(f) U.S. Customs and Border Protection Search Trauma and Rescue
Teams.--Not later than September 30, 2021, the Commissioner shall
increase by not fewer than 50 the number of officers engaged in search
and rescue activities along the southern border.
(g) U.S. Customs and Border Protection Tunnel Detection and
Technology Program.--Not later than September 30, 2021, the
Commissioner shall increase by not fewer than 50 the number of officers
assisting task forces and activities related to deployment and
operation of border tunnel detection technology and apprehensions of
individuals using such tunnels for crossing into the United States,
drug trafficking, or human smuggling.
(h) Agricultural Specialists.--Not later than September 30, 2021,
the Secretary shall hire, train, and assign to duty, in addition to the
officers and agents authorized under subsections (a) through (g), 631
U.S. Customs and Border Protection agricultural specialists to ports of
entry along the southern border and the northern border.
(i) Office of Professional Responsibility.--Not later than
September 30, 2021, the Commissioner shall hire, train, and assign
sufficient Office of Professional Responsibility special agents to
maintain an active duty presence of not fewer than 550 full-time
equivalent special agents.
(j) GAO Report.--If the staffing levels required under this section
are not achieved by September 30, 2021, the Comptroller General of the
United States shall conduct a review of the reasons why such levels
were not achieved.
SEC. 132. U.S. CUSTOMS AND BORDER PROTECTION RETENTION INCENTIVES.
(a) Definitions.--In this section:
(1) Covered area.--The term ``covered area'' means a
geographic area that the Secretary determines is in a remote
location or is an area for which it is difficult to find full-
time permanent covered CBP employees, as compared to other
ports of entry or Border Patrol sectors.
(2) Covered cbp employee.--The term ``covered CBP
employee'' means an employee of U.S. Customs and Border
Protection performing activities that are critical to border
security or customs enforcement, as determined by the
Commissioner.
(3) Rate of basic pay.--The term ``rate of basic pay''--
(A) means the rate of pay fixed by law or
administrative action for the position to which an
employee is appointed before deductions and including
any special rate under subpart C of part 530 of title
5, Code of Federal Regulations, or similar payment
under other legal authority, and any locality-based
comparability payment under subpart F of part 531 of
title 5, Code of Federal Regulations, or similar
payment under other legal authority, but excluding
additional pay of any other kind; and
(B) does not include additional pay, such as night
shift differentials under section 5343(f) of title 5,
United States Code, or environmental differentials
under section 5343(c)(4) of such title.
(4) Special rate of pay.--The term ``special rate of pay''
means a higher than normal rate of pay that exceeds the
otherwise applicable rate of basic pay for a similar covered
CBP employee at a land port of entry.
(b) Hiring Incentives.--
(1) In general.--To the extent necessary for U.S. Customs
and Border Protection to hire, train, and deploy qualified
officers and employees, and to the extent necessary to meet the
requirements set forth in section 131, the Commissioner, with
the approval of the Secretary, may pay a hiring bonus of
$10,000 to a covered CBP employee, after the covered CBP
completes initial basic training and executes a written
agreement required under paragraph (2).
(2) Written agreement.--The payment of a hiring bonus to a
covered CBP employee under paragraph (1) is contingent upon the
covered CBP employee entering into a written agreement with
U.S. Customs and Border Protection to complete more than two
years of employment with U.S. Customs and Border Protection
beginning on the date on which the agreement is signed. Such
agreement shall include--
(A) the amount of the hiring bonus;
(B) the conditions under which the agreement may be
terminated before the required period of service is
completed and the effect of such termination;
(C) the length of the required service period; and
(D) any other terms and conditions under which the
hiring bonus is payable, subject to the requirements
under this section.
(3) Form of payment.--A signing bonus paid to a covered CBP
employee under paragraph (1) shall be paid in a single payment
after the covered CBP employee completes initial basic training
and enters on duty and executed the agreement under paragraph
(2).
(4) Exclusion of signing bonus from rate of pay.--A signing
bonus paid to a covered CBP employee under paragraph (1) shall
not be considered part of the rate of basic pay of the covered
CBP employee for any purpose.
(5) Effective date and sunset.--This subsection shall take
effect on the date of the enactment of this Act and shall
remain in effect until the earlier of--
(A) September 30, 2019; or
(B) the date on which U.S. Customs and Border
Protection has 26,370 full-time equivalent agents.
(c) Retention Incentives.--
(1) In general.--To the extent necessary for U.S. Customs
and Border Protection to retain qualified employees, and to the
extent necessary to meet the requirements set forth in section
131, the Commissioner, with the approval of the Secretary, may
pay a retention incentive to a covered CBP employee who has
been employed with U.S. Customs and Border Protection for a
period of longer than two consecutive years, and the
Commissioner determines that, in the absence of the retention
incentive, the covered CBP employee would likely--
(A) leave the Federal service; or
(B) transfer to, or be hired into, a different
position within the Department (other than another
position in CBP).
(2) Written agreement.--The payment of a retention
incentive to a covered CBP employee under paragraph (1) is
contingent upon the covered CBP employee entering into a
written agreement with U.S. Customs and Border Protection to
complete more than two years of employment with U.S. Customs
and Border Protection beginning on the date on which the CBP
employee enters on duty and the agreement is signed. Such
agreement shall include--
(A) the amount of the retention incentive;
(B) the conditions under which the agreement may be
terminated before the required period of service is
completed and the effect of such termination;
(C) the length of the required service period; and
(D) any other terms and conditions under which the
retention incentive is payable, subject to the
requirements under this section.
(3) Criteria.--When determining the amount of a retention
incentive paid to a covered CBP employee under paragraph (1),
the Commissioner shall consider--
(A) the length of the Federal service and
experience of the covered CBP employee;
(B) the salaries for law enforcement officers in
other Federal agencies; and
(C) the costs of replacing the covered CBP
employee, including the costs of training a new
employee.
(4) Amount of retention incentive.--A retention incentive
paid to a covered CBP employee under paragraph (1)--
(A) shall be approved by the Secretary and the
Commissioner;
(B) shall be stated as a percentage of the
employee's rate of basic pay for the service period
associated with the incentive; and
(C) may not exceed $25,000 for each year of the
written agreement.
(5) Form of payment.--A retention incentive paid to a
covered CBP employee under paragraph (1) shall be paid as a
single payment at the end of the fiscal year in which the
covered CBP employee entered into an agreement under paragraph
(2), or in equal installments during the life of the service
agreement, as determined by the Commissioner.
(6) Exclusion of retention incentive from rate of pay.--A
retention incentive paid to a covered CBP employee under
paragraph (1) shall not be considered part of the rate of basic
pay of the covered CBP employee for any purpose.
(d) Pilot Program on Special Rates of Pay in Covered Areas.--
(1) In general.--The Commissioner may establish a pilot
program to assess the feasibility and advisability of using
special rates of pay for covered CBP employees in covered
areas, as designated on the date of the enactment of this Act,
to help meet the requirements set forth in section 131.
(2) Maximum amount.--The rate of basic pay of a covered CBP
employee paid a special rate of pay under the pilot program may
not exceed 125 percent of the otherwise applicable rate of
basic pay of the covered CBP employee.
(3) Termination.--
(A) In general.--Except as provided in subparagraph
(B), the pilot program shall terminate on the date that
is two years after the date of the enactment of this
Act.
(B) Extension.--If the Secretary determines that
the pilot program is performing satisfactorily and
there are metrics that prove its success in meeting the
requirements set forth in section 131, the Secretary
may extend the pilot program until the date that is
four years after the date of the enactment of this Act.
(4) Report to congress.--Shortly after the pilot program
terminates under paragraph (3), the Commissioner shall submit a
report to the Committee on Homeland Security and Governmental
Affairs of the Senate, the Committee on the Judiciary of the
Senate, the Committee on Homeland Security of the House of
Representatives, and the Committee on the Judiciary of the
House of Representatives that details--
(A) the total amount paid to covered CBP employees
under the pilot program; and
(B) the covered areas in which the pilot program
was implemented.
(e) Salaries.--
(1) In general.--Section 101(b) of the Enhanced Border
Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1711(b))
is amended to read as follows:
``(b) Authorization of Appropriations for CBP Employees.--There are
authorized to be appropriated to U.S. Customs and Border Protection
such sums as may be necessary to increase, effective January 1, 2018,
the annual rate of basic pay for U.S. Customs and Border Protection
employees who have completed at least one year of service--
``(1) to the annual rate of basic pay payable for positions
at GS-12, step 1 of the General Schedule under subchapter III
of chapter 53 of title 5, United States Code, for officers and
agents who are receiving the annual rate of basic pay payable
for a position at GS-5, GS-6, GS-7, GS-8, or GS-9 of the
General Schedule;
``(2) to the annual rate of basic pay payable for positions
at GS-12, step 10 of the General Schedule under such subchapter
for supervisory CBP officers and supervisory agents who are
receiving the annual rate of pay payable for a position at GS-
10 of the General Schedule;
``(3) to the annual rate of basic pay payable for positions
at GS-14, step 1 of the General Schedule under such subchapter
for supervisory CBP officers and supervisory agents who are
receiving the annual rate of pay payable for a position at GS-
11 of the General Schedule;
``(4) to the annual rate of basic pay payable for positions
at GS-12, step 10 of the General Schedule under such subchapter
for supervisory CBP officers and supervisory Border Patrol
agents who are receiving the annual rate of pay payable for a
position at GS-12 or GS-13 of the General Schedule; and
``(5) to the annual rate of basic pay payable for positions
at GS-8, GS-9, or GS-10 of the General Schedule for assistants
who are receiving an annual rate of pay payable for positions
at GS-5, GS-6, or GS-7 of the General Schedule,
respectively.''.
(2) Hardship duty pay.--In addition to compensation to
which Border Patrol agents are otherwise entitled, Border
Patrol agents who are assigned to rural areas shall be entitled
to receive hardship duty pay, in lieu of a retention incentive
under subsection (b), in an amount determined by the
Commissioner, which may not exceed the rate of special pay to
which members of a uniformed service are entitled under section
310 of title 37, United States Code.
(3) Overtime limitation.--Section 5(c)(1) of the Act of
February 13, 1911 (19 U.S.C. 267(c)(1)) is amended by striking
``$25,000'' and inserting ``$45,000''.
SEC. 133. ANTI-BORDER CORRUPTION REAUTHORIZATION ACT.
(a) Short Title.--This section may be cited as the ``Anti-Border
Corruption Reauthorization Act of 2017''.
(b) Hiring Flexibility.--Section 3 of the Anti-Border Corruption
Act of 2010 (6 U.S.C. 221) is amended by striking subsection (b) and
inserting the following new subsections:
``(b) Waiver Authority.--The Commissioner of U.S. Customs and
Border Protection may waive the application of subsection (a)(1)--
``(1) to a current, full-time law enforcement officer
employed by a State or local law enforcement agency who--
``(A) has continuously served as a law enforcement
officer for not fewer than three years;
``(B) is authorized by law to engage in or
supervise the prevention, detection, investigation, or
prosecution of, or the incarceration of any person for,
any violation of law, and has statutory powers for
arrest or apprehension;
``(C) is not currently under investigation, has not
been found to have engaged in criminal activity or
serious misconduct, has not resigned from a law
enforcement officer position under investigation or in
lieu of termination, and has not been dismissed from a
law enforcement officer position; and
``(D) has, within the past ten years, successfully
completed a polygraph examination as a condition of
employment with such officer's current law enforcement
agency;
``(2) to a current, full-time Federal law enforcement
officer who--
``(A) has continuously served as a law enforcement
officer for not fewer than three years;
``(B) is authorized to make arrests, conduct
investigations, conduct searches, make seizures, carry
firearms, and serve orders, warrants, and other
processes;
``(C) is not currently under investigation, has not
been found to have engaged in criminal activity or
serious misconduct, has not resigned from a law
enforcement officer position under investigation or in
lieu of termination, and has not been dismissed from a
law enforcement officer position; and
``(D) holds a current Tier 4 background
investigation or current Tier 5 background
investigation; and
``(3) to a member of the Armed Forces (or a reserve
component thereof) or a veteran, if such individual--
``(A) has served in the Armed Forces for not fewer
than three years;
``(B) holds, or has held within the past five
years, a Secret, Top Secret, or Top Secret/Sensitive
Compartmented Information clearance;
``(C) holds, or has undergone within the past five
years, a current Tier 4 background investigation or
current Tier 5 background investigation;
``(D) received, or is eligible to receive, an
honorable discharge from service in the Armed Forces
and has not engaged in criminal activity or committed a
serious military or civil offense under the Uniform
Code of Military Justice; and
``(E) was not granted any waivers to obtain the
clearance referred to subparagraph (B).
``(c) Termination of Waiver Authority.--The authority to issue a
waiver under subsection (b) shall terminate on the date that is four
years after the date of the enactment of the Border Security for
America Act of 2017.''.
(c) Supplemental Commissioner Authority and Definitions.--
(1) Supplemental commissioner authority.--Section 4 of the
Anti-Border Corruption Act of 2010 is amended to read as
follows:
``SEC. 4. SUPPLEMENTAL COMMISSIONER AUTHORITY.
``(a) Non-exemption.--An individual who receives a waiver under
section 3(b) is not exempt from other hiring requirements relating to
suitability for employment and eligibility to hold a national security
designated position, as determined by the Commissioner of U.S. Customs
and Border Protection.
``(b) Background Investigations.--Any individual who receives a
waiver under section 3(b) who holds a current Tier 4 background
investigation shall be subject to a Tier 5 background investigation.
``(c) Administration of Polygraph Examination.--The Commissioner of
U.S. Customs and Border Protection is authorized to administer a
polygraph examination to an applicant or employee who is eligible for
or receives a waiver under section 3(b) if information is discovered
before the completion of a background investigation that results in a
determination that a polygraph examination is necessary to make a final
determination regarding suitability for employment or continued
employment, as the case may be.''.
(2) Report.--The Anti-Border Corruption Act of 2010, as
amended by paragraph (1), is further amended by adding at the
end the following new section:
``SEC. 5. REPORTING.
``(a) Annual Report.--Not later than one year after the date of the
enactment of this section and annually thereafter while the waiver
authority under section 3(b) is in effect, the Commissioner of U.S.
Customs and Border Protection shall submit to Congress a report that
includes, with respect to each such reporting period--
``(1) the number of waivers requested, granted, and denied
under section 3(b);
``(2) the reasons for any denials of such waiver;
``(3) the percentage of applicants who were hired after
receiving a waiver;
``(4) the number of instances that a polygraph was
administered to an applicant who initially received a waiver
and the results of such polygraph;
``(5) an assessment of the current impact of the polygraph
waiver program on filling law enforcement positions at U.S.
Customs and Border Protection; and
``(6) additional authorities needed by U.S. Customs and
Border Protection to better utilize the polygraph waiver
program for its intended goals.
``(b) Additional Information.--The first report submitted under
subsection (a) shall include--
``(1) an analysis of other methods of employment
suitability tests that detect deception and could be used in
conjunction with traditional background investigations to
evaluate potential employees for suitability; and
``(2) a recommendation regarding whether a test referred to
in paragraph (1) should be adopted by U.S. Customs and Border
Protection when the polygraph examination requirement is waived
pursuant to section 3(b).''.
(3) Definitions.--The Anti-Border Corruption Act of 2010,
as amended by paragraphs (1) and (2), is further amended by
adding at the end the following new section:
``SEC. 6. DEFINITIONS.
``In this Act:
``(1) Federal law enforcement officer.--The term `Federal
law enforcement officer' means a `law enforcement officer'
defined in section 8331(20) or 8401(17) of title 5, United
States Code.
``(2) Serious military or civil offense.--The term `serious
military or civil offense' means an offense for which--
``(A) a member of the Armed Forces may be
discharged or separated from service in the Armed
Forces; and
``(B) a punitive discharge is, or would be,
authorized for the same or a closely related offense
under the Manual for Court-Martial, as pursuant to Army
Regulation 635-200 chapter 14-12.
``(3) Tier 4; tier 5.--The terms `Tier 4' and `Tier 5' with
respect to background investigations have the meaning given
such terms under the 2012 Federal Investigative Standards.
``(4) Veteran.--The term `veteran' has the meaning given
such term in section 101(2) of title 38, United States Code.''.
(d) Polygraph Examiners.--Not later than September 30, 2021, the
Secretary shall increase to not fewer than 150 the number of trained
full-time equivalent polygraph examiners for administering polygraphs
under the Anti-Border Corruption Act of 2010, as amended by this
subtitle.
SEC. 134. TRAINING FOR OFFICERS AND AGENTS OF U.S. CUSTOMS AND BORDER
PROTECTION.
(a) In General.--Subsection (l) of section 411 of the Homeland
Security Act of 2002 (6 U.S.C. 211) is amended to read as follows:
``(l) Training and Continuing Education.--
``(1) Mandatory training and continuing education.--The
Commissioner shall ensure that every agent and officer of U.S.
Customs and Border Protection receives a minimum of 21 weeks of
training that are directly related to the mission of the U.S.
Border Patrol, Air and Marine, and the Office of Field
Operations before the initial assignment of such agents and
officers.
``(2) FLETC.--The Commissioner shall work in consultation
with the Director of the Federal Law Enforcement Training
Centers to establish guidelines and curriculum for the training
of agents and officers of U.S. Customs and Border Protection
under subsection (a).
``(3) Continuing education.--The Commissioner shall
annually require all agents and officers of U.S. Customs and
Border Protection who are required to undergo training under
subsection (a) to participate in not fewer than eight hours of
continuing education annually to maintain and update
understanding of Federal legal rulings, court decisions, and
Department policies, procedures, and guidelines related to
relevant subject matters.
``(4) Leadership training.--Not later than one year after
the date of the enactment of this subsection, the Commissioner
shall develop and require training courses geared towards the
development of leadership skills for mid- and senior-level
career employees not later than one year after such employees
assume duties in supervisory roles.''.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Commissioner shall submit to the Committee
on Homeland Security and the Committee on Ways and Means of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on Finance of the Senate a
report identifying the guidelines and curriculum established to carry
out subsection (l) of section 411 of the Homeland Security Act of 2002,
as amended by subsection (a) of this section.
(c) Assessment.--Not later than four years after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate a report that assesses the training and
education, including continuing education, required under subsection
(l) of section 411 of the Homeland Security Act of 2002, as amended by
subsection (a) of this section.
Subtitle C--Grants
SEC. 141. OPERATION STONEGARDEN.
(a) In General.--Subtitle A of title XX of the Homeland Security
Act of 2002 (6 U.S.C. 601 et seq.) is amended by adding at the end the
following new section:
``SEC. 2009. OPERATION STONEGARDEN.
``(a) Establishment.--There is established in the Department a
program to be known as `Operation Stonegarden', under which the
Secretary, acting through the Administrator, shall make grants to
eligible law enforcement agencies, through the State administrative
agency, to enhance border security in accordance with this section.
``(b) Eligible Recipients.--To be eligible to receive a grant under
this section, a law enforcement agency--
``(1) shall be located in--
``(A) a State bordering Canada or Mexico; or
``(B) a State or territory with a maritime border;
and
``(2) shall be involved in an active, ongoing, U.S. Customs
and Border Protection operation coordinated through a U.S.
Border Patrol sector office.
``(c) Permitted Uses.--The recipient of a grant under this section
may use such grant for--
``(1) equipment, including maintenance and sustainment
costs;
``(2) personnel, including overtime and backfill, in
support of enhanced border law enforcement activities;
``(3) any activity permitted for Operation Stonegarden
under the Department of Homeland Security's Fiscal Year 2017
Homeland Security Grant Program Notice of Funding Opportunity;
and
``(4) any other appropriate activity, as determined by the
Administrator, in consultation with the Commissioner of U.S.
Customs and Border Protection.
``(d) Period of Performance.--The Secretary shall award grants
under this section to grant recipients for a period of not less than 36
months.
``(e) Report.--For each of the fiscal years 2018 through 2022, the
Administrator shall 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 that contains
information on the expenditure of grants made under this section by
each grant recipient.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated $110,000,000 for each of the fiscal years 2018 through
2022 for grants under this section.''.
(b) Conforming Amendment.--Subsection (a) of section 2002 of the
Homeland Security Act of 2002 (6 U.S.C. 603) is amended to read as
follows:
``(a) Grants Authorized.--The Secretary, through the Administrator,
may award grants under sections 2003, 2004, and 2009 to State, local,
and tribal governments, as appropriate.''.
(c) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 2008 the following:
``Sec. 2009. Operation Stonegarden.''.
Subtitle D--Authorization of Appropriations
SEC. 151. AUTHORIZATION OF APPROPRIATIONS.
In addition to amounts otherwise authorized to be appropriated,
there are authorized to be appropriated for each of the fiscal years
2018 through 2021, $2,500,000,000 to implement this title and the
amendments made by this title, of which--
(1) $10,000,000 shall be used by the Department of Homeland
Security to implement Vehicle and Dismount Exploitation Radars
(VADER) in border security operations;
(2) $200,000,000 shall be used by the Department of State
to implement section 119; and
(3) $200,000,000 shall be used by the United States Coast
Guard to implement paragraph (18) of section 113(a).
TITLE II--EMERGENCY PORT OF ENTRY PERSONNEL AND INFRASTRUCTURE FUNDING
SEC. 201. PORTS OF ENTRY INFRASTRUCTURE.
(a) Additional Ports of Entry.--
(1) Authority.--The Secretary may construct new ports of
entry along the northern border and southern border and
determine the location of any such new ports of entry.
(2) Consultation.--
(A) Requirement to consult.--The Secretary shall
consult with the Secretary of State, the Secretary of
the Interior, the Secretary of Agriculture, the
Secretary of Transportation, the Administrator of
General Services, and appropriate representatives of
State and local governments, and Indian tribes, and
property owners in the United States prior to selecting
a location for any new port constructed pursuant to
paragraph (1).
(B) Considerations.--The purpose of the
consultations required by subparagraph (A) shall be to
minimize any negative impacts of such a new port on the
environment, culture, commerce, and quality of life of
the communities and residents located near such new
port.
(b) Expansion and Modernization of High-volume Southern Border
Ports of Entry.--Not later than September 30, 2021, the Secretary shall
expand or modernize the primary and secondary inspection lanes for
vehicle, cargo, and pedestrian inbound and outbound inspection lanes at
ports of entry on the southern border, as determined by the Secretary,
for the purposes of reducing wait times and enhancing security, as
determined by the Secretary.
(c) Port of Entry Prioritization.--Prior to constructing any new
ports of entry pursuant to subsection (a), the Secretary shall complete
the expansion and modernization of ports of entry pursuant to
subsection (b) to the extent practicable.
(d) Notifications.--
(1) Relating to new ports of entry.--Not later than 15 days
after determining the location of any new port of entry for
construction pursuant to subsection (a), the Secretary shall
notify the Members of Congress who represent the State or
congressional district in which such new port of entry will be
located, as well as the Committee on Homeland Security and
Governmental Affairs, the Committee on Finance, and the
Committee on the Judiciary of the Senate, and the Committee on
Homeland Security, the Committee on Ways and Means, and the
Committee on the Judiciary of the House of Representatives.
Such notification shall include information relating to the
location of such new port of entry, a description of the need
for such new port of entry and associated anticipated benefits,
a description of the consultations undertaken by the Secretary
pursuant to paragraph (2) of such subsection, any actions that
will be taken to minimize negative impacts of such new port of
entry, and the anticipated time-line for construction and
completion of such new port of entry.
(2) Relating to high volume.--Not later than 180 days after
enactment of this Act, the Secretary shall notify the Committee
on Homeland Security and Governmental Affairs, the Committee on
Finance, and the Committee on the Judiciary of the Senate, and
the Committee on Homeland Security, the Committee on Ways and
Means, and the Committee on the Judiciary of the House of
Representatives of the top ten high-volume ports of entry on
the southern border pursuant to subsection (b) and the
Secretary's plan for expanding or modernizing the primary and
secondary inspection lanes at each such port of entry.
SEC. 202. SECURE COMMUNICATIONS.
(a) In General.--The Secretary shall ensure that each U.S. Customs
and Border Protection and U.S. Immigration and Customs Enforcement
officer or agent, if appropriate, is equipped with a secure two-way
communication device, supported by system interoperability, that allows
each such officer to communicate--
(1) between ports of entry and inspection stations; and
(2) with other Federal, State, tribal, and local law
enforcement entities.
(b) Land Border Agents and Officers.--The Secretary shall ensure
that each U.S. Customs and Border Protection agent or officer assigned
or required to patrol on foot, by horseback, or with a canine unit, in
remote mission critical locations, and at border checkpoints, has a
multi- or dual-band encrypted portable radio.
SEC. 203. BORDER SECURITY DEPLOYMENT PROGRAM.
(a) Expansion.--Not later than September 30, 2021, the Secretary
shall fully implement the Border Security Deployment Program of the
U.S. Customs and Border Protection and expand the integrated
surveillance and intrusion detection system at land ports of entry
along the southern border and the northern border.
(b) Authorization of Appropriations.--In addition to amounts
otherwise authorized to be appropriated for such purpose, there is
authorized to be appropriated $33,000,000 for fiscal year 2018 to carry
out subsection (a).
SEC. 204. PILOT AND UPGRADE OF LICENSE PLATE READERS AT PORTS OF ENTRY.
(a) Upgrade.--Not later than one year after the date of the
enactment of this Act, the Commissioner of U.S. Customs and Border
Protection shall upgrade all existing license plate readers on the
northern and southern borders on incoming and outgoing vehicle lanes.
(b) Pilot Program.--Not later than 90 days after the date of the
enactment of this Act, the Commissioner of U.S. Customs and Border
Protection shall conduct a one-month pilot program on the southern
border using license plate readers for one to two cargo lanes at the
top three high-volume land ports of entry or checkpoints to determine
their effectiveness in reducing cross-border wait times for commercial
traffic and tractor-trailers.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall report to the Committee on
Homeland Security and Governmental Affairs, the Committee on the
Judiciary, and the Committee on Finance of the Senate, and the
Committee on Homeland Security, and Committee on the Judiciary, and the
Committee on Ways and Means of the House of Representatives the results
of the pilot program under subsection (b) and make recommendations for
implementing use of such technology on the southern border.
(d) Authorization of Appropriations.--In addition to amounts
otherwise authorized to be appropriated for such purpose, there is
authorized to be appropriated $125,000,000 for fiscal year 2018 to
carry out subsection (a).
SEC. 205. NON-INTRUSIVE INSPECTION OPERATIONAL DEMONSTRATION.
(a) In General.--Not later than six months after the date of the
enactment of this Act, the Commissioner shall establish a six-month
operational demonstration to deploy a high-throughput non-intrusive
passenger vehicle inspection system at not fewer than three land ports
of entry along the United States-Mexico border with significant cross-
border traffic. Such demonstration shall be located within the pre-
primary traffic flow and should be scalable to span up to 26 contiguous
in-bound traffic lanes without re-configuration of existing lanes.
(b) Report.--Not later than 90 days after the conclusion of the
operational demonstration under subsection (a), the Commissioner shall
submit to the Committee on Homeland Security and the Committee on Ways
and Means of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs and the Committee on Finance of the
Senate a report that describes the following:
(1) The effects of such demonstration on legitimate travel
and trade.
(2) The effects of such demonstration on wait times,
including processing times, for non-pedestrian traffic.
(3) The effectiveness of such demonstration in combating
terrorism and smuggling.
SEC. 206. BIOMETRIC EXIT DATA SYSTEM.
(a) In General.--Subtitle B of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 211 et seq.) is amended by inserting after
section 417 the following new section:
``SEC. 418. BIOMETRIC ENTRY-EXIT.
``(a) Establishment.--The Secretary shall--
``(1) not later than 180 days after the date of the
enactment of this section, submit to the Committee on Homeland
Security and Governmental Affairs and the Committee on the
Judiciary of the Senate and the Committee on Homeland Security
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 7208 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (8
U.S.C. 1365b), including--
``(A) an integrated master schedule and cost
estimate, including requirements and design,
development, operational, and maintenance costs of such
a system, that takes into account prior reports on such
matters issued by the Government Accountability Office
and the Department;
``(B) cost-effective staffing and personnel
requirements of such a system that leverages existing
resources of the Department that takes into account
prior reports on such matters issued by the Government
Accountability Office and the Department;
``(C) a consideration of training programs
necessary to establish such a system that takes into
account prior reports on such matters issued by the
Government Accountability Office and the Department;
``(D) a consideration of how such a system will
affect arrival and departure wait times that takes into
account prior reports on such matter issued by the
Government Accountability Office and the Department;
``(E) information received after consultation with
private sector stakeholders, including the--
``(i) trucking industry;
``(ii) airport industry;
``(iii) airline industry;
``(iv) seaport industry;
``(v) travel industry; and
``(vi) biometric technology industry;
``(F) a consideration of how trusted traveler
programs in existence as of the date of the enactment
of this Act may be impacted by, or incorporated into,
such a system;
``(G) defined metrics of success and milestones;
``(H) identified risks and mitigation strategies to
address such risks; and
``(I) a consideration of how other countries have
implemented a biometric exit data system; and
``(2) not later than two years after the date of the
enactment of this section, establish a biometric exit data
system at the--
``(A) 15 United States airports that support the
highest volume of international air travel, as
determined by available Federal flight data;
``(B) 10 United States seaports that support the
highest volume of international sea travel, as
determined by available Federal travel data; and
``(C) 15 United States land ports of entry that
support the highest volume of vehicle, pedestrian, and
cargo crossings, as determined by available Federal
border crossing data.
``(b) Implementation.--
``(1) Pilot program at land ports of entry for non-
pedestrian outbound traffic.--Not later than six months after
the date of the enactment of this section, the Secretary, in
collaboration with industry stakeholders, shall establish a
six-month pilot program to test the biometric exit data system
referred to in subsection (a)(2) on non-pedestrian outbound
traffic at not fewer than three land ports of entry with
significant cross-border traffic, including at not fewer than
two land ports of entry on the southern land border and at
least one land port of entry on the northern land border. Such
pilot program may include a consideration of more than one
biometric mode, and shall be implemented to determine the
following:
``(A) How a nationwide implementation of such
biometric exit data system at land ports of entry shall
be carried out.
``(B) The infrastructure required to carry out
subparagraph (A).
``(C) The effects of such pilot program on
legitimate travel and trade.
``(D) The effects of such pilot program on wait
times, including processing times, for such non-
pedestrian traffic.
``(E) The effects of such pilot program on
combating terrorism.
``(F) The effects of such pilot program on
identifying visa holders who violate the terms of their
visas.
``(2) At land ports of entry for non-pedestrian outbound
traffic.--
``(A) In general.--Not later than five years after
the date of the enactment of this section, the
Secretary shall expand the biometric exit data system
referred to in subsection (a)(2) to all land ports of
entry, and such system shall apply only in the case of
non-pedestrian outbound traffic.
``(B) Extension.--The Secretary may extend for a
single two-year period the date specified in
subparagraph (A) if the Secretary certifies to the
Committee on Homeland Security and Governmental Affairs
and the Committee on the Judiciary of the Senate and
the Committee on Homeland Security and the Committee on
the Judiciary of the House of Representatives that the
15 land ports of entry that support the highest volume
of passenger vehicles, as determined by available
Federal data, do not have the physical infrastructure
or characteristics to install the systems necessary to
implement a biometric exit data system.
``(3) At air and sea ports of entry.--Not later than five
years after the date of the enactment of this section, the
Secretary shall expand the biometric exit data system referred
to in subsection (a)(2) to all air and sea ports of entry.
``(4) At land ports of entry for pedestrians.--Not later
than five years after the date of the enactment of this
section, the Secretary shall expand the biometric exit data
system referred to in subsection (a)(2) to all land ports of
entry, and such system shall apply only in the case of
pedestrians.
``(c) Effects on Air, Sea, and Land Transportation.--The Secretary,
in consultation with appropriate private sector stakeholders, shall
ensure that the collection of biometric data under this section causes
the least possible disruption to the movement of people or cargo in
air, sea, or land transportation, while fulfilling the goals of
improving counterterrorism efforts and identifying visa holders who
violate the terms of their visas.
``(d) Termination of Proceeding.--Notwithstanding any other
provision of law, the Secretary shall, on the date of the enactment of
this section, terminate the proceeding entitled `Collection of Alien
Biometric Data Upon Exit From the United States at Air and Sea Ports of
Departure; United States Visitor and Immigrant Status Indicator
Technology Program (``US-VISIT'')', issued on April 24, 2008 (73 Fed.
Reg. 22065).
``(e) Data-matching.--The biometric exit data system established
under this section shall--
``(1) match biometric information for an individual who is
departing the United States against biometric data previously
provided to the United States Government by such individual for
the purposes of international travel;
``(2) leverage the infrastructure and databases of the
current biometric entry and exit system established pursuant to
section 7208 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (8 U.S.C. 1365b) for the purpose
described in paragraph (1); and
``(3) be interoperable with, and allow matching against,
other Federal databases that--
``(A) store biometrics of known or suspected
terrorists; and
``(B) identify visa holders who violate the terms
of their visas.
``(f) Scope.--
``(1) In general.--The biometric exit data system
established under this section shall include a requirement for
the collection of biometric exit data at the time of departure
for all categories of individuals who are required by the
Secretary to provide biometric entry data.
``(2) Exception for certain other individuals.--This
section shall not apply in the case of an individual who exits
and then enters the United States on a passenger vessel (as
such term is defined in section 2101 of title 46, United States
Code) the itinerary of which originates and terminates in the
United States.
``(3) Exception for land ports of entry.--This section
shall not apply in the case of a United States or Canadian
citizen who exits the United States through a land port of
entry.
``(g) Collection of Data.--The Secretary may not require any non-
Federal person to collect biometric data, or contribute to the costs of
collecting or administering the biometric exit data system established
under this section, except through a mutual agreement.
``(h) Multi-modal Collection.--In carrying out subsections (a)(1)
and (b), the Secretary shall make every effort to collect biometric
data using multiple modes of biometrics.
``(i) Facilities.--All facilities at which the biometric exit data
system established under this section is implemented shall provide and
maintain space for Federal use that is adequate to support biometric
data collection and other inspection-related activity. For non-
federally owned facilities, such space shall be provided and maintained
at no cost to the Government.
``(j) Northern Land Border.--In the case of the northern land
border, the requirements under subsections (a)(2)(C), (b)(2)(A), and
(b)(4) may be achieved through the sharing of biometric data provided
to U.S. Customs and Border Protection by the Canadian Border Services
Agency pursuant to the 2011 Beyond the Border agreement.
``(k) Fair and Open Competition.--The Secretary shall procure goods
and services to implement this section via fair and open competition in
accordance with the Federal Acquisition Regulations.
``(l) Other Biometric Initiatives.--The Secretary may pursue
biometric initiatives at air, land, and sea ports of entry for the
purposes of border security and trade facilitation distinct from the
biometric exit data system described in this section.
``(m) Congressional Review.--Not later than 90 days after the date
of the enactment of this section, the Secretary shall submit to the
Committee on Homeland Security and Governmental Affairs of the Senate,
the Committee on the Judiciary of the Senate, the Committee on Homeland
Security of the House of Representatives, and Committee on the
Judiciary of the House of Representatives reports and recommendations
regarding the Science and Technology Directorate's Air Entry and Exit
Re-Engineering Program of the Department and the U.S. Customs and
Border Protection entry and exit mobility program demonstrations.
``(n) Savings Clause.--Nothing in this section shall prohibit the
collection of user fees permitted by section 13031 of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c).''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 417 the following new item:
``Sec. 418. Biometric entry-exit.''.
SEC. 207. SENSE OF CONGRESS ON COOPERATION BETWEEN AGENCIES.
(a) Finding.--Congress finds that personnel constraints exist at
land ports of entry with regard to sanitary and phytosanitary
inspections for exported goods.
(b) Sense of Congress.--It is the sense of Congress that, in the
best interest of cross-border trade and the agricultural community--
(1) any lack of certified personnel for inspection purposes
at ports of entry should be addressed by seeking cooperation
between agencies and departments of the United States, whether
in the form of a memorandum of understanding or through a
certification process, whereby additional existing agents are
authorized for additional hours to facilitate the crossing and
trade of perishable goods in a manner consistent with rules of
the Department of Agriculture; and
(2) cross designation should be available for personnel who
will assist more than one agency or department at land ports of
entry to facilitate increased trade and commerce.
SEC. 208. AUTHORIZATION OF APPROPRIATIONS.
In addition to any amounts otherwise authorized to be appropriated
for such purpose, there is authorized to be appropriated $1,250,000,000
for each of fiscal years 2018 through 2021 to carry out this title, of
which--
(1) $2,000,000 shall be used by the Secretary for hiring
additional Uniform Management Center support personnel,
purchasing uniforms for CBP officers and agents, acquiring
additional motor vehicles to support vehicle mounted
surveillance systems, hiring additional motor vehicle program
support personnel, and for contract support for customer
service, vendor management, and operations management; and
(2) $250,000,000 per year shall be used to implement the
biometric exit data system described in section 418 of the
Homeland Security Act of 2002, as added by section 206 of this
Act.
SEC. 209. DEFINITION.
In this title, the term ``Secretary'' means the Secretary of
Homeland Security.
Union Calendar No. 471
115th CONGRESS
2d Session
H. R. 3548
[Report No. 115-505, Part I]
_______________________________________________________________________
A BILL
To make certain improvements to the security of the international
borders of the United States, and for other purposes.
_______________________________________________________________________
March 23, 2018
The Committee on Armed Services discharged; committed to the Committee
of the Whole House on the State of the Union and ordered to be printed