[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