American Border Act
This bill modifies various provisions related to border security, including by:
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6415 Introduced in House (IH)]
<DOC>
115th CONGRESS
2d Session
H. R. 6415
To provide for border security, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 18, 2018
Mr. Ferguson introduced the following bill; which was referred to the
Committee on Homeland Security, and in addition to the Committees on
the Judiciary, Transportation and Infrastructure, Oversight and
Government Reform, Foreign Affairs, Agriculture, Armed Services,
Natural Resources, the Budget, and Ways and Means, 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
_______________________________________________________________________
A BILL
To provide for border security, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``American Border
Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--BORDER SECURITY
Sec. 1101. Definitions.
Subtitle A--Infrastructure and Equipment
Sec. 1111. Strengthening the requirements for barriers along the
southern border.
Sec. 1112. Air and Marine Operations flight hours.
Sec. 1113. Capability deployment to specific sectors and transit zone.
Sec. 1114. U.S. Border Patrol activities.
Sec. 1115. Border security technology program management.
Sec. 1116. National Guard support to secure the southern border.
Sec. 1117. Prohibitions on actions that impede border security on
certain Federal land.
Sec. 1118. Landowner and rancher security enhancement.
Sec. 1119. Eradication of carrizo cane and salt cedar.
Sec. 1120. Southern border threat analysis.
Sec. 1121. Amendments to U.S. Customs and Border Protection.
Sec. 1122. Agent and officer technology use.
Sec. 1123. Integrated Border Enforcement Teams.
Sec. 1124. Tunnel Task Forces.
Sec. 1125. Pilot program on use of electromagnetic spectrum in support
of border security operations.
Sec. 1126. Foreign migration assistance.
Sec. 1127. Biometric Identification Transnational Migration Alert
Program.
Subtitle B--Personnel
Sec. 1131. Additional U.S. Customs and Border Protection agents and
officers.
Sec. 1132. U.S. Customs and Border Protection retention incentives.
Sec. 1133. Anti-Border Corruption Reauthorization Act.
Sec. 1134. Training for officers and agents of U.S. Customs and Border
Protection.
Subtitle C--Grants
Sec. 1141. Operation Stonegarden.
TITLE II--EMERGENCY PORT OF ENTRY PERSONNEL AND INFRASTRUCTURE FUNDING
Sec. 2101. Ports of entry infrastructure.
Sec. 2102. Secure communications.
Sec. 2103. Border security deployment program.
Sec. 2104. Pilot and upgrade of license plate readers at ports of
entry.
Sec. 2105. Non-intrusive inspection operational demonstration.
Sec. 2106. Biometric exit data system.
Sec. 2107. Sense of Congress on cooperation between agencies.
Sec. 2108. Authorization of appropriations.
Sec. 2109. Definition.
TITLE III--TRANSNATIONAL CRIMINAL ORGANIZATION ILLICIT SPOTTER
PREVENTION AND ELIMINATION
Sec. 3101. Short title.
Sec. 3102. Illicit spotting.
Sec. 3103. Unlawfully hindering immigration, border, and customs
controls.
TITLE IV--BORDER SECURITY FUNDING
Sec. 4101. Border Security Funding.
Sec. 4102. Exclusion from PAYGO scorecards.
TITLE I--BORDER SECURITY
SEC. 1101. 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) Commissioner.--The term ``Commissioner'' means the
Commissioner of U.S. Customs and Border Protection.
(3) 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 1111 of this division.
(4) 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) Small unmanned aerial vehicle.--The term ``small
unmanned aerial vehicle'' has the meaning given the term
``small unmanned aircraft'' in section 331 of the FAA
Modernization and Reform Act of 2012 (Public Law 112-95; 49
U.S.C. 40101 note).
(8) 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)).
(9) Unmanned aerial system.--The term ``unmanned aerial
system'' has the meaning given the term ``unmanned aircraft
system'' in section 331 of the FAA Modernization and Reform Act
of 2012 (Public Law 112-95; 49 U.S.C. 40101 note).
(10) Unmanned aerial vehicle.--The term ``unmanned aerial
vehicle'' has the meaning given the term ``unmanned aircraft''
in section 331 of the FAA Modernization and Reform Act of 2012
(Public Law 112-95; 49 U.S.C. 40101 note).
Subtitle A--Infrastructure and Equipment
SEC. 1111. 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 design, test, construct, install,
deploy, integrate, and operate physical barriers, 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 Road Improvements'' and inserting
``Physical Barriers'';
(B) in paragraph (1)--
(i) in subparagraph (A)--
(I) by striking ``subsection (a)''
and inserting ``this section'';
(II) by striking ``roads, lighting,
cameras, and sensors'' and inserting
``tactical infrastructure, and
technology''; and
(III) by striking ``gain''
inserting ``achieve situational
awareness and''; and
(ii) by amending subparagraph (B) to read
as follows:
``(B) Physical barriers and tactical
infrastructure.--
``(i) In general.--Not later than September
30, 2023, the Secretary of Homeland Security,
in carrying out this section, shall deploy
along the United States border the most
practical and effective physical barriers and
tactical infrastructure available for achieving
situational awareness and operational control
of the border.
``(ii) Consideration for certain physical
barriers and tactical infrastructure.--The
deployment of physical barriers and tactical
infrastructure under this subparagraph shall
not apply in any area or region along the
border where natural terrain features, natural
barriers, or the remoteness of such area or
region would make any such deployment
ineffective, as determined by the Secretary,
for the purposes of achieving situational
awareness or operational control of such area
or region.'';
(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 consult with the Secretary of the
Interior, the Secretary of Agriculture,
appropriate representatives of Federal, State,
local, and tribal governments, and appropriate
private property owners in the United States to
minimize the impact on the environment,
culture, commerce, and quality of life for the
communities and residents located near the
sites at which such physical barriers are to be
constructed.'';
(II) by redesignating clause (ii)
as clause (iii);
(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 physical
barriers, tactical infrastructure, or
technology the Secretary has determined is most
practical and effective to achieve situational
awareness and operational control in a specific
area or region and the other alternatives the
Secretary considered before making such a
determination.''; and
(IV) in clause (iii), as so
redesignated--
(aa) in subclause (I), by
striking ``or'' after the
semicolon at the end;
(bb) by amending subclause
(II) to read as follows:
``(II) delay the transfer of the
possession of property to the United
States or affect the validity of any
property acquisition by purchase or
eminent domain, or to otherwise affect
the eminent domain laws of the United
States or of any State; or''; and
(cc) by adding at the end
the following new subclause:
``(III) create any right or
liability for any party.''; and
(iv) by striking subparagraph (D);
(C) in paragraph (2)--
(i) by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security'';
(ii) by striking ``this subsection'' and
inserting ``this section''; and
(iii) by striking ``construction of
fences'' and inserting ``the construction of
physical barriers'';
(D) by amending paragraph (3) to read as follows:
``(3) Agent safety.--In carrying out this section, the
Secretary of Homeland Security, when designing, constructing,
and deploying physical barriers, tactical infrastructure, or
technology, shall incorporate such safety features into such
design, construction, or deployment of such physical barriers,
tactical infrastructure, or technology, as the case may be,
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 deployed in
the vicinity of such physical barriers, tactical
infrastructure, or technology.''; and
(E) in paragraph (4), by striking ``this
subsection'' and inserting ``this section'';
(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 shall have the
authority to waive all legal requirements the Secretary, in the
Secretary's sole discretion, determines necessary to ensure the
expeditious design, testing, construction, installation,
deployment, integration, and operation of the physical
barriers, tactical infrastructure, and technology under this
section. Such waiver authority shall also apply with respect to
any maintenance carried out on such physical barriers, tactical
infrastructure, or technology. 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) Technology.--Not later than September 30, 2023, the Secretary
of Homeland Security, in carrying out this section, 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) Limitation on Requirements.--Nothing in this section may be
construed as requiring the Secretary of Homeland Security to install
tactical infrastructure, technology, and physical barriers in a
particular location along an international border of the United States,
if the Secretary determines that the use or placement of such resources
is not the most appropriate means to achieve and maintain situational
awareness and operational control over the international border at such
location.
``(g) 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, as determined by the Secretary of Homeland
Security.
``(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) Physical barriers.--The term `physical barriers'
includes reinforced fencing, border wall system, and levee
walls.
``(4) 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 (6 U.S.C. 223(a)(7); Public Law 114-328).
``(5) Tactical infrastructure.--The term `tactical
infrastructure' includes boat ramps, access gates, checkpoints,
lighting, and roads.
``(6) Technology.--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.
``(H) Other border detection, communication, and
surveillance technology.
``(7) Unmanned aerial vehicles.--The term `unmanned aerial
vehicle' has the meaning given the term `unmanned aircraft' in
section 331 of the FAA Modernization and Reform Act of 2012
(Public Law 112-95; 49 U.S.C. 40101 note).''.
SEC. 1112. 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, after coordination with
the Administrator of the Federal Aviation Administration, 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 executive agent 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--
(A) coordinate flight operations with the
Administrator of the Federal Aviation Administration to
ensure the safe and efficient operation of the National
Airspace System; and
(B) coordinate with the Executive Assistant
Commissioner for Air and Marine Operations of U.S.
Customs and Border Protection to ensure the safety of
other U.S. Customs and Border Protection aircraft
flying in the vicinity of small unmanned aerial
vehicles operated by the U.S. Border Patrol.
(3) 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 1112
of the Border Security for America Act of 2018; and''.
(g) Saving Clause.--Nothing in this section shall confer, transfer,
or delegate to the Secretary, the Commissioner, the Executive Assistant
Commissioner for Air and Marine Operations of U.S. Customs and Border
Protection, or the Chief of the U.S. Border Patrol any authority of the
Secretary of Transportation or the Administrator of the Federal
Aviation Administration relating to the use of airspace or aviation
safety.
SEC. 1113. CAPABILITY DEPLOYMENT TO SPECIFIC SECTORS AND TRANSIT ZONE.
(a) In General.--Not later than September 30, 2023, the Secretary,
in implementing section 102 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (as amended by section 1111 of
this division), 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) U.S. Customs and Border Protection
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 September 30, 2022,
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.
(d) Integration.--In carrying out subsection (a), the Secretary
shall, to the greatest extent practicable, integrate, within each
sector or region of the southern border and northern border, as the
case may be, the deployed capabilities specified in such subsection as
necessary to achieve situational awareness and operational control of
such borders.
SEC. 1114. 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. 1115. 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. 435. 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 2018
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. 435. Border security technology program management.''.
(c) Prohibition on Additional Authorization of Appropriations.--No
additional funds are authorized to be appropriated to carry out section
435 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. 1116. NATIONAL GUARD SUPPORT TO SECURE THE SOUTHERN BORDER.
(a) National Guard Support.--
(1) Authority to request.--The Secretary may, pursuant to
chapter 15 of title 10, United States Code, request that the
Secretary of Defense support the Secretary's efforts to secure
the southern border of the United States. The Secretary of
Defense may authorize the provision of such support under
section 502(f) of title 32, United States Code.
(2) Approval and order.--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, for the purpose of securing the
southern border of the United States.
(b) Types of Support Authorized.--The support provided in
accordance with subsection (a) may include--
(1) construction of reinforced fencing or other physical
barriers;
(2) operation of ground-based surveillance systems;
(3) deployment of manned aircraft, unmanned aerial
surveillance systems, and ground-based surveillance systems to
support continuous surveillance of the southern border; and
(4) 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) Readiness.--To ensure that the use of units and personnel of
the National Guard of a State authorized pursuant to this section does
not degrade the training and readiness of such units and personnel, the
Secretary of Defense shall consider the following requirements when
authorizing or approving support under subsection (a):
(1) The performance of such support may not affect
adversely the quality of such training or readiness or
otherwise interfere with the ability of a unit or personnel of
the National Guard of a State to perform the military functions
of such member or unit.
(2) The performance of such support may not degrade the
military skills of the units or personnel of the National Guard
of a State performing such support.
(e) Report on Readiness.--Upon the request of the Secretary, the
Secretary of Defense shall provide to the Secretary a report on the
readiness of units and personnel of the National Guard that the
Secretary of Defense determines are capable of providing such support.
(f) Reimbursement Notification.--Prior to providing any support
under subsection (a), the Secretary of Defense shall notify the
Secretary whether the requested support will be reimbursed under
section 277 of title 10, United States Code.
(g) Reimbursement to States.--The Secretary of Defense may
reimburse a State for costs incurred in the deployment of any units or
personnel of the National Guard pursuant to subsection (a).
(h) Relationship to Other Laws.--Nothing in this section may be
construed as affecting the authorities under chapter 9 of title 32,
United States Code.
(i) Reports.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act and biannually thereafter through
December 31, 2021, the Secretary of Defense shall submit to the
appropriate congressional defense committees (as defined in
section 101(a)(16) of title 10, United States Code) a report
regarding any support provided pursuant to subsection (a) for
the six-month period preceding each such report.
(2) Elements.--Each report under paragraph (1) shall
include a description of--
(A) the support provided; and
(B) the sources and amounts of funds obligated and
expended to provide such support.
SEC. 1117. 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 may not impede,
prohibit, or restrict activities of U.S. Customs and Border
Protection on covered Federal land to carry out the activities
described in subsection (b).
(2) Applicability.--The authority of U.S. Customs and
Border Protection to conduct activities described in subsection
(b) 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, 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) carrying out 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), as amended by section 1111 of this division;
(B) the execution of search and rescue operations;
(C) the use of motorized vehicles, foot patrols,
and horseback to patrol the border area, apprehend
illegal entrants, and rescue individuals; and
(D) the remediation of tunnels used to facilitate
unlawful immigration or other illicit activities.
(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 National Forest Management Act of 1976 (16
U.S.C. 1600 et seq.).
(II) 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 and a National Park Unit before 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. 1118. 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. 1119. ERADICATION OF CARRIZO CANE AND SALT CEDAR.
(a) In General.--Not later than September 30, 2023, 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 that impedes border security
operations.
(b) Extent.--The waiver authority under subsection (c) of section
102 of the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (8 U.S.C. 1103 note), as amended by section 1111 of this
division, shall extend to activities carried out pursuant to this
section.
SEC. 1120. 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, 2019, 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. 1121. 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 (18), by striking ``and'' after the
semicolon at the end;
(2) by redesignating paragraph (19) as paragraph (21); and
(3) by inserting after paragraph (18) the following new
paragraphs:
``(19) administer the U.S. Customs and Border Protection
public private partnerships under subtitle G;
``(20) 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.''.
(d) Definition.--Subsection (r) of section 411 of the Homeland
Security Act of 2002 (6 U.S.C. 211) is amended--
(1) by striking ``this section, the terms'' and inserting
the following: ``this section:
``(1) the terms'';
(2) in paragraph (1), as added by subparagraph (A), by
striking the period at the end and inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(2) the term `unmanned aerial systems' has the meaning
given the term `unmanned aircraft system' in section 331 of the
FAA Modernization and Reform Act of 2012 (Public Law 112-95; 49
U.S.C. 40101 note).''.
SEC. 1122. 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 1111 of
this division) and section 1113 of this division, 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. 1123. 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 1115 of this
division, is further amended by adding at the end the following new
section:
``SEC. 436. 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. Such memoranda with entities specified in subparagraph (G) of
such subsection shall be entered into with the concurrence of the
Secretary of State.
``(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 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 435 the following new item:
``Sec. 436. Integrated Border Enforcement Teams.''.
SEC. 1124. TUNNEL TASK FORCES.
The Secretary is authorized to establish Tunnel Task Forces for the
purposes of detecting and remediating tunnels that breach the
international border of the United States.
SEC. 1125. PILOT PROGRAM ON USE OF ELECTROMAGNETIC SPECTRUM IN SUPPORT
OF BORDER SECURITY OPERATIONS.
(a) In General.--The Commissioner, in consultation with the
Assistant Secretary of Commerce for Communications and Information,
shall conduct a pilot program to test and evaluate the use of
electromagnetic spectrum by U.S. Customs and Border Protection in
support of border security operations through--
(1) ongoing management and monitoring of spectrum to
identify threats such as unauthorized spectrum use, and the
jamming and hacking of United States communications assets, by
persons engaged in criminal enterprises;
(2) automated spectrum management to enable greater
efficiency and speed for U.S. Customs and Border Protection in
addressing emerging challenges in overall spectrum use on the
United States border; and
(3) coordinated use of spectrum resources to better
facilitate interoperability and interagency cooperation and
interdiction efforts at or near the United States border.
(b) Report to Congress.--Not later than 180 days after the
conclusion of the pilot program conducted under subsection (a), the
Commissioner shall submit to the Committee on Homeland Security and the
Committee on Energy and Commerce of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs and the
Committee on Commerce, Science, and Transportation of the Senate a
report on the findings and data derived from such program.
SEC. 1126. FOREIGN MIGRATION ASSISTANCE.
(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 sections 1115 and
1123 of this division, is further amended by adding at the end the
following new section:
``SEC. 437. FOREIGN MIGRATION ASSISTANCE.
``(a) In General.--The Secretary, with the concurrence of the
Secretary of State, may provide to a foreign government financial
assistance for foreign country operations to address migration flows
that may affect the United States.
``(b) Determination.--Assistance provided under subsection (a) may
be provided only if such assistance would enhance the recipient
government's capacity to address irregular migration flows that may
affect the United States, including through related detention or
removal operations by the recipient government, including procedures to
screen and provide protection for certain individuals.
``(c) Reimbursement of Expenses.--The Secretary may, if
appropriate, seek reimbursement from the receiving foreign government
for the provision of financial assistance under this section.
``(d) Receipts Credited as Offsetting Collections.--Notwithstanding
section 3302 of title 31, United States Code, any reimbursement
collected pursuant to subsection (c) shall--
``(1) be credited as offsetting collections to the account
that finances the financial assistance under this section for
which such reimbursement is received; and
``(2) remain available until expended for the purpose of
carrying out this section.
``(e) Effective Period.--The authority provided under this section
shall remain in effect until September 30, 2023.
``(f) Development and Program Execution.--The Secretary and the
Secretary of State shall jointly develop and implement any financial
assistance under this section.
``(g) Rule of Construction.--Nothing in this section may be
construed as affecting, augmenting, or diminishing the authority of the
Secretary of State.
``(h) Authorization of Appropriations.--In addition to amounts
otherwise authorized to be appropriated for such purpose, there is
authorized to be appropriated $50,000,000 for fiscal years 2019 through
2023 to carry out this section.''.
(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 436 the following new item:
``Sec. 437. Foreign migration assistance.''.
SEC. 1127. BIOMETRIC IDENTIFICATION TRANSNATIONAL MIGRATION ALERT
PROGRAM.
(a) In General.--Subtitle D of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 251 et seq.) is amended by adding at the end the
following new section:
``SEC. 447. BIOMETRIC IDENTIFICATION TRANSNATIONAL MIGRATION ALERT
PROGRAM.
``(a) Establishment.--There is established in the Department a
program to be known as the Biometric Identification Transnational
Migration Alert Program (referred to in this section as `BITMAP') to
address and reduce national security, border security, and public
safety threats before such threats reach the international border of
the United States.
``(b) Duties.--In carrying out BITMAP operations, the Secretary,
acting through the Director of U.S. Immigration and Customs
Enforcement, shall--
``(1) provide, when necessary, capabilities, training, and
equipment, to the government of a foreign country to collect
biometric and biographic identification data from individuals
to identify, prevent, detect, and interdict high risk
individuals identified as national security, border security,
or public safety threats who may attempt to enter the United
States utilizing illicit pathways;
``(2) provide capabilities to the government of a foreign
country to compare foreign data against appropriate United
States national security, border security, public safety,
immigration, and counter-terrorism data, including--
``(A) the Federal Bureau of Investigation's
Terrorist Screening Database, or successor database;
``(B) the Federal Bureau of Investigation's Next
Generation Identification database, or successor
database;
``(C) the Department of Defense Automated Biometric
Identification System (commonly known as `ABIS'), or
successor database;
``(D) the Department's Automated Biometric
Identification System (commonly known as `IDENT'), or
successor database; and
``(E) any other database, notice, or means that the
Secretary, in consultation with the heads of other
Federal departments and agencies responsible for such
databases, notices, or means, designates; and
``(3) ensure biometric and biographic identification data
collected pursuant to BITMAP are incorporated into appropriate
United States Government databases, in compliance with the
policies and procedures established by the Privacy Officer
appointed under section 222.
``(c) Collaboration.--The Secretary shall ensure that BITMAP
operations include participation from relevant components of the
Department, and, as appropriate, request participation from other
Federal agencies.
``(d) Coordination.--The Secretary shall coordinate with the
Secretary of State, appropriate representatives of foreign governments,
and the heads of other Federal agencies, as appropriate, to carry out
paragraph (1) of subsection (b).
``(e) Agreements.--Before carrying out BITMAP operations in a
foreign country that, as of the date of the enactment of this section,
was not a partner country described in this section, the Secretary,
with the concurrence of the Secretary of State, shall enter into an
agreement or arrangement with the government of such country that
outlines such operations in such country, including related
departmental operations. Such country shall be a partner country
described in this section pursuant to and for purposes of such
agreement or arrangement.
``(f) Notification to Congress.--Not later than 60 days before an
agreement with the government of a foreign country to carry out BITMAP
operations in such foreign country enters into force, the Secretary
shall provide the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate with a copy of the agreement to establish such
operations, which shall include--
``(1) the identification of the foreign country with which
the Secretary intends to enter into such an agreement;
``(2) the location at which such operations will be
conducted; and
``(3) the terms and conditions for Department personnel
operating at such location.''.
(b) Report.--Not later than 180 days after the date on which the
Biometric Identification Transnational Migration Alert Program (BITMAP)
is established under section 447 of the Homeland Security Act of 2002
(as added by subsection (a) of this section) and annually thereafter
for the following five years, the Secretary of Homeland Security 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 details the effectiveness of BITMAP
operations in enhancing national security, border security, and public
safety.
(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 446 the following new item:
``Sec. 447. Biometric Identification Transnational Migration Alert
Program.''.
Subtitle B--Personnel
SEC. 1131. ADDITIONAL U.S. CUSTOMS AND BORDER PROTECTION AGENTS AND
OFFICERS.
(a) Border Patrol Agents.--Not later than September 30, 2023, the
Commissioner 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, 2023--
(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, 2023,
the Commissioner 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, 2023, 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, 2023, 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) Horseback unit support.--The Commissioner shall
construct new stables, maintain and improve existing stables,
and provide other resources needed to maintain the health and
well-being of the horses that serve in the horseback units of
U.S. Customs and Border Protection.
(f) U.S. Customs and Border Protection Search Trauma and Rescue
Teams.--Not later than September 30, 2023, 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, 2023, 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, 2023,
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, 2023, 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) U.S. Customs and Border Protection Office of Intelligence.--Not
later than September 30, 2023, the Commissioner shall hire, train, and
assign sufficient Office of Intelligence personnel to maintain not
fewer than 700 full-time equivalent employees.
(k) GAO Report.--If the staffing levels required under this section
are not achieved by September 30, 2023, the Comptroller General of the
United States shall conduct a review of the reasons why such levels
were not achieved.
SEC. 1132. U.S. CUSTOMS AND BORDER PROTECTION RETENTION INCENTIVES.
(a) In General.--Chapter 97 of title 5, United States Code, is
amended by adding at the end the following:
``Sec. 9702. U.S. Customs and Border Protection temporary employment
authorities
``(a) Definitions.--In this section--
``(1) the term `CBP employee' means an employee of U.S.
Customs and Border Protection described under any of
subsections (a) through (h) of section 1131 of the Border
Security for America Act of 2018;
``(2) the term `Commissioner' means the Commissioner of
U.S. Customs and Border Protection;
``(3) the term `Director' means the Director of the Office
of Personnel Management;
``(4) the term `Secretary' means the Secretary of Homeland
Security; and
``(5) the term `appropriate congressional committees' means
the Committee on Oversight and Government Reform, 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.
``(b) Direct Hire Authority; Recruitment and Relocation Bonuses;
Retention Bonuses.--
``(1) Statement of purpose and limitation.--The purpose of
this subsection is to allow U.S. Customs and Border Protection
to expeditiously meet the hiring goals and staffing levels
required by section 1131 of the Border Security for America Act
of 2018. The Secretary shall not use this authority beyond
meeting the requirements of such section.
``(2) Direct hire authority.--The Secretary may appoint,
without regard to any provision of sections 3309 through 3319,
candidates to positions in the competitive service as CBP
employees if the Secretary has given public notice for the
positions.
``(3) Recruitment and relocation bonuses.--The Secretary
may pay a recruitment or relocation bonus of up to 50 percent
of the annual rate of basic pay to an individual CBP employee
at the beginning of the service period multiplied by the number
of years (including a fractional part of a year) in the
required service period to an individual (other than an
individual described in subsection (a)(2) of section 5753) if--
``(A) the Secretary determines that conditions
consistent with the conditions described in paragraphs
(1) and (2) of subsection (b) of such section 5753 are
satisfied with respect to the individual (without
regard to the regulations referenced in subsection
(b)(2)(B(ii)(I) of such section or to any other
provision of that section); and
``(B) the individual enters into a written service
agreement with the Secretary--
``(i) under which the individual is
required to complete a period of employment as
a CBP employee of not less than 2 years; and
``(ii) that includes--
``(I) the commencement and
termination dates of the required
service period (or provisions for the
determination thereof);
``(II) the amount of the bonus; and
``(III) other terms and conditions
under which the bonus is payable,
subject to the requirements of this
subsection, including--
``(aa) the conditions under
which the agreement may be
terminated before the agreed-
upon service period has been
completed; and
``(bb) the effect of a
termination described in item
(aa).
``(4) Retention bonuses.--The Secretary may pay a retention
bonus of up to 50 percent of basic pay to an individual CBP
employee (other than an individual described in subsection
(a)(2) of section 5754) if--
``(A) the Secretary determines that--
``(i) a condition consistent with the
condition described in subsection (b)(1) of
such section 5754 is satisfied with respect to
the CBP employee (without regard to any other
provision of that section); and
``(ii) in the absence of a retention bonus,
the CBP employee would be likely to leave--
``(I) the Federal service; or
``(II) for a different position in
the Federal service, including a
position in another agency or component
of the Department of Homeland Security;
and
``(B) the individual enters into a written service
agreement with the Secretary--
``(i) under which the individual is
required to complete a period of employment as
a CBP employee of not less than 2 years; and
``(ii) that includes--
``(I) the commencement and
termination dates of the required
service period (or provisions for the
determination thereof);
``(II) the amount of the bonus; and
``(III) other terms and conditions
under which the bonus is payable,
subject to the requirements of this
subsection, including--
``(aa) the conditions under
which the agreement may be
terminated before the agreed-
upon service period has been
completed; and
``(bb) the effect of a
termination described in item
(aa).
``(5) Rules for bonuses.--
``(A) Maximum bonus.--A bonus paid to an employee
under--
``(i) paragraph (3) may not exceed 100
percent of the annual rate of basic pay of the
employee as of the commencement date of the
applicable service period; and
``(ii) paragraph (4) may not exceed 50
percent of the annual rate of basic pay of the
employee.
``(B) Relationship to basic pay.--A bonus paid to
an employee under paragraph (3) or (4) shall not be
considered part of the basic pay of the employee for
any purpose, including for retirement or in computing a
lump-sum payment to the covered employee for
accumulated and accrued annual leave under section 5551
or section 5552.
``(C) Period of service for recruitment,
relocation, and retention bonuses.--
``(i) A bonus paid to an employee under
paragraph (4) may not be based on any period of
such service which is the basis for a
recruitment or relocation bonus under paragraph
(3).
``(ii) A bonus paid to an employee under
paragraph (3) or (4) may not be based on any
period of service which is the basis for a
recruitment or relocation bonus under section
5753 or a retention bonus under section 5754.
``(c) Special Rates of Pay.--In addition to the circumstances
described in subsection (b) of section 5305, the Director may establish
special rates of pay in accordance with that section to assist the
Secretary in meeting the requirements of section 1131 of the Border
Security for America Act of 2018. The Director shall prioritize the
consideration of requests from the Secretary for such special rates of
pay and issue a decision as soon as practicable. The Secretary shall
provide such information to the Director as the Director deems
necessary to evaluate special rates of pay under this subsection.
``(d) OPM Oversight.--
``(1) Not later than September 30 of each year, the
Secretary shall provide a report to the Director on U.S. Custom
and Border Protection's use of authorities provided under
subsections (b) and (c). In each report, the Secretary shall
provide such information as the Director determines is
appropriate to ensure appropriate use of authorities under such
subsections. Each report shall also include an assessment of--
``(A) the impact of the use of authorities under
subsections (b) and (c) on implementation of section
1131 of the Border Security for America Act of 2018;
``(B) solving hiring and retention challenges at
the agency, including at specific locations;
``(C) whether hiring and retention challenges still
exist at the agency or specific locations; and
``(D) whether the Secretary needs to continue to
use authorities provided under this section at the
agency or at specific locations.
``(2) Consideration.--In compiling a report under paragraph
(1), the Secretary shall consider--
``(A) whether any CBP employee accepted an
employment incentive under subsection (b) and (c) and
then transferred to a new location or left U.S. Customs
and Border Protection; and
``(B) the length of time that each employee
identified under subparagraph (A) stayed at the
original location before transferring to a new location
or leaving U.S. Customs and Border Protection.
``(3) Distribution.--In addition to the Director, the
Secretary shall submit each report required under this
subsection to the appropriate congressional committees.
``(e) OPM Action.--If the Director determines the Secretary has
inappropriately used authorities under subsection (b) or a special rate
of pay provided under subsection (c), the Director shall notify the
Secretary and the appropriate congressional committees in writing. Upon
receipt of the notification, the Secretary may not make any new
appointments or issue any new bonuses under subsection (b), nor provide
CBP employees with further special rates of pay, until the Director has
provided the Secretary and the appropriate congressional committees a
written notice stating the Director is satisfied safeguards are in
place to prevent further inappropriate use.
``(f) Improving CBP Hiring and Retention.--
``(1) Education of cbp hiring officials.--Not later than
180 days after the date of the enactment of this section, and
in conjunction with the Chief Human Capital Officer of the
Department of Homeland Security, the Secretary shall develop
and implement a strategy to improve the education regarding
hiring and human resources flexibilities (including hiring and
human resources flexibilities for locations in rural or remote
areas) for all employees, serving in agency headquarters or
field offices, who are involved in the recruitment, hiring,
assessment, or selection of candidates for locations in a rural
or remote area, as well as the retention of current employees.
``(2) Elements.--Elements of the strategy under paragraph
(1) shall include the following:
``(A) Developing or updating training and
educational materials on hiring and human resources
flexibilities for employees who are involved in the
recruitment, hiring, assessment, or selection of
candidates, as well as the retention of current
employees.
``(B) Regular training sessions for personnel who
are critical to filling open positions in rural or
remote areas.
``(C) The development of pilot programs or other
programs, as appropriate, consistent with authorities
provided to the Secretary to address identified hiring
challenges, including in rural or remote areas.
``(D) Developing and enhancing strategic recruiting
efforts through the relationships with institutions of
higher education, as defined in section 102 of the
Higher Education Act of 1965 (20 U.S.C. 1002), veterans
transition and employment centers, and job placement
program in regions that could assist in filling
positions in rural or remote areas.
``(E) Examination of existing agency programs on
how to most effectively aid spouses and families of
individuals who are candidates or new hires in a rural
or remote area.
``(F) Feedback from individuals who are candidates
or new hires at locations in a rural or remote area,
including feedback on the quality of life in rural or
remote areas for new hires and their families.
``(G) Feedback from CBP employees, other than new
hires, who are stationed at locations in a rural or
remote area, including feedback on the quality of life
in rural or remote areas for those CBP employees and
their families.
``(H) Evaluation of Department of Homeland Security
internship programs and the usefulness of those
programs in improving hiring by the Secretary in rural
or remote areas.
``(3) Evaluation.--
``(A) In general.--Each year, the Secretary shall--
``(i) evaluate the extent to which the
strategy developed and implemented under
paragraph (1) has improved the hiring and
retention ability of the Secretary; and
``(ii) make any appropriate updates to the
strategy under paragraph (1).
``(B) Information.--The evaluation conducted under
subparagraph (A) shall include--
``(i) any reduction in the time taken by
the Secretary to fill mission-critical
positions, including in rural or remote areas;
``(ii) a general assessment of the impact
of the strategy implemented under paragraph (1)
on hiring challenges, including in rural or
remote areas; and
``(iii) other information the Secretary
determines relevant.
``(g) Inspector General Review.--Not later than two years after the
date of the enactment of this section, the Inspector General of the
Department of Homeland Security shall review the use of hiring and pay
flexibilities under subsections (b) and (c) to determine whether the
use of such flexibilities is helping the Secretary meet hiring and
retention needs, including in rural and remote areas.
``(h) Report on Polygraph Requests.--The Secretary shall report to
the appropriate congressional committees on the number of requests the
Secretary receives from any other Federal agency for the file of an
applicant for a position in U.S. Customs and Border Protection that
includes the results of a polygraph examination.
``(i) Exercise of Authority.--
``(1) Sole discretion.--The exercise of authority under
subsection (b) shall be subject to the sole and exclusive
discretion of the Secretary (or the Commissioner, as applicable
under paragraph (2) of this subsection), notwithstanding
chapter 71 and any collective bargaining agreement.
``(2) Delegation.--The Secretary may delegate any authority
under this section to the Commissioner.
``(j) Rule of Construction.--Nothing in this section shall be
construed to exempt the Secretary or the Director from applicability of
the merit system principles under section 2301.
``(k) Sunset.--The authorities under subsections (b) and (c) shall
terminate on September 30, 2023. Any bonus to be paid pursuant to
subsection (b) that is approved before such date may continue until
such bonus has been paid, subject to the conditions specified in this
section.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 97 of title 5, United States Code, is amended by adding at the
end the following:
``9702. U.S. Customs and Border Protection temporary employment
authorities.''.
SEC. 1133. ANTI-BORDER CORRUPTION REAUTHORIZATION ACT.
(a) Short Title.--This section may be cited as the ``Anti-Border
Corruption Reauthorization Act of 2018''.
(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 2018.''.
(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, 2022, 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. 1134. 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.--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 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 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. 1141. 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 2018
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 fiscal years 2019 through 2023, 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 fiscal years 2019 through 2023
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.''.
TITLE II--EMERGENCY PORT OF ENTRY PERSONNEL AND INFRASTRUCTURE FUNDING
SEC. 2101. PORTS OF ENTRY INFRASTRUCTURE.
(a) Additional Ports of Entry.--
(1) Authority.--The Administrator of General Services may,
subject to section 3307 of title 40, United States Code,
construct new ports of entry along the northern border and
southern border at locations determined by the Secretary.
(2) Consultation.--
(A) Requirement to consult.--The Secretary and the
Administrator of General Services shall consult with
the Secretary of State, the Secretary of the Interior,
the Secretary of Agriculture, the Secretary of
Transportation, and appropriate representatives of
State and local governments, and Indian tribes, and
property owners in the United States prior to
determining a location for any new port of entry
constructed pursuant to paragraph (1).
(B) Considerations.--The purpose of the
consultations required by subparagraph (A) shall be to
minimize any negative impacts of constructing a new
port of entry 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-Priority Southern Border
Ports of Entry.--Not later than September 30, 2023, the Administrator
of General Services, subject to section 3307 of title 40, United States
Code, and in coordination with the Secretary, shall expand or modernize
high-priority ports of entry on the southern border, as determined by
the Secretary, for the purposes of reducing wait times and enhancing
security.
(c) Port of Entry Prioritization.--Prior to constructing any new
ports of entry pursuant to subsection (a), the Administrator of General
Services 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 and the
Administrator of General Services shall jointly 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, the Committee on Commerce,
Science, and Transportation, and the Committee on the Judiciary
of the Senate, and the Committee on Homeland Security, the
Committee on Ways and Means, the Committee on Transportation
and Infrastructure, 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 and the Administrator
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 expansion and modernization of ports of
entry.--Not later than 180 days after enactment of this Act,
the Secretary and the Administrator of General Services shall
jointly notify the Committee on Homeland Security and
Governmental Affairs, the Committee on Finance, the Committee
on Commerce, Science, and Transportation, and the Committee on
the Judiciary of the Senate, and the Committee on Homeland
Security, the Committee on Ways and Means, the Committee on
Transportation and Infrastructure, and the Committee on the
Judiciary of the House of Representatives of the ports of entry
on the southern border that are the subject of expansion or
modernization pursuant to subsection (b) and the Secretary's
and Administrator's plan for expanding or modernizing each such
port of entry.
(e) Savings Provision.--Nothing in this section may be construed
to--
(1) create or negate any right of action for a State, local
government, or other person or entity affected by this section;
(2) delay the transfer of the possession of property to the
United States or affect the validity of any property
acquisitions by purchase or eminent domain, or to otherwise
affect the eminent domain laws of the United States or of any
State; or
(3) create any right or liability for any party.
(f) Rule of Construction.--Nothing in this section may be construed
as providing the Secretary new authority related to the construction,
acquisition, or renovation of real property.
SEC. 2102. 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 radio or
other 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) U.S. Border Patrol Agents.--The Secretary shall ensure that
each U.S. Border Patrol 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.
(c) LTE Capability.--In carrying out subsection (b), the Secretary
shall acquire radios or other devices with the option to be LTE-capable
for deployment in areas where LTE enhances operations and is cost
effective.
SEC. 2103. BORDER SECURITY DEPLOYMENT PROGRAM.
(a) Expansion.--Not later than September 30, 2023, 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 years 2019 through
2023 to carry out subsection (a).
SEC. 2104. PILOT AND UPGRADE OF LICENSE PLATE READERS AT PORTS OF
ENTRY.
(a) Upgrade.--Not later than two years after the date of the
enactment of this Act, the Commissioner shall upgrade all existing
license plate readers in need of upgrade, as determined by the
Commissioner, 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 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 years 2019
through 2020 to carry out subsection (a).
SEC. 2105. NONINTRUSIVE 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 nonintrusive
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. 2106. 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 415 the following new section:
``SEC. 416. 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 section 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;
``(I) a consideration of how other countries have
implemented a biometric exit data system; and
``(J) a list of statutory, regulatory, or
administrative authorities, if any, needed to integrate
such a system into the operations of the Transportation
Security Administration; 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.--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.--
``(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.
``(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. Such extension
shall apply only in the case of non-pedestrian outbound
traffic at such land ports of entry.
``(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.
``(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,
regardless of nationality, citizenship, or immigration status,
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. For all facilities at land ports of
entry, such space requirements shall be coordinated with the
Administrator of General Services.
``(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 the Department by the Canadian Border Services Agency pursuant to
the 2011 Beyond the Border agreement.
``(k) Full and Open Competition.--The Secretary shall procure goods
and services to implement this section via full and open competition in
accordance with the Federal Acquisition Regulations.
``(l) Other Biometric Initiatives.--Nothing in this section may be
construed as limiting the authority of the Secretary to collect
biometric information in circumstances other than as specified 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 415 the following new item:
``Sec. 416. Biometric entry-exit.''.
SEC. 2107. 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 and expedite the
flow of legitimate trade and commerce 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 of the United
States at land ports of entry to facilitate and expedite the
flow of increased legitimate trade and commerce.
SEC. 2108. AUTHORIZATION OF APPROPRIATIONS.
In addition to any amounts otherwise authorized to be appropriated
for such purpose, there is authorized to be appropriated $4,250,000,000
for each of fiscal years 2019 through 2023 to carry out this title, of
which $250,000,000 in each such fiscal year is authorized to be made
available to implement the biometric exit data system described in
section 416 of the Homeland Security Act of 2002, as added by section
2106 of this division.
SEC. 2109. DEFINITION.
In this title, the term ``Secretary'' means the Secretary of
Homeland Security.
TITLE III--TRANSNATIONAL CRIMINAL ORGANIZATION ILLICIT SPOTTER
PREVENTION AND ELIMINATION
SEC. 3101. SHORT TITLE.
This title may be cited as the ``Transnational Criminal
Organization Illicit Spotter Prevention and Elimination Act''.
SEC. 3102. ILLICIT SPOTTING.
Section 1510 of title 18, United States Code, is amended by adding
at the end the following:
``(f) Any person who knowingly transmits, by any means, to another
person the location, movement, or activities of any officer or agent of
a Federal, State, local, or tribal law enforcement agency with the
intent to further a criminal offense under the immigration laws (as
such term is defined in section 101 of the Immigration and Nationality
Act), the Controlled Substances Act, or the Controlled Substances
Import and Export Act, or that relates to agriculture or monetary
instruments shall be fined under this title or imprisoned not more than
10 years, or both.''.
SEC. 3103. UNLAWFULLY HINDERING IMMIGRATION, BORDER, AND CUSTOMS
CONTROLS.
(a) Bringing in and Harboring of Certain Aliens.--Section 274(a) of
the Immigration and Nationality Act (8 U.S.C. 1324(a)) is amended--
(1) in paragraph (2), by striking ``brings to or attempts
to'' and inserting the following: ``brings to or attempts or
conspires to''; and
(2) by adding at the end the following:
``(5) In the case of a person who has brought aliens into
the United States in violation of this subsection, the sentence
otherwise provided for may be increased by up to 10 years if
that person, at the time of the offense, used or carried a
firearm or who, in furtherance of any such crime, possessed a
firearm.''.
(b) Aiding or Assisting Certain Aliens To Enter the United
States.--Section 277 of the Immigration and Nationality Act (8 U.S.C.
1327) is amended--
(1) by inserting after ``knowingly aids or assists'' the
following: ``or attempts to aid or assist''; and
(2) by adding at the end the following: ``In the case of a
person convicted of an offense under this section, the sentence
otherwise provided for may be increased by up to 10 years if
that person, at the time of the offense, used or carried a
firearm or who, in furtherance of any such crime, possessed a
firearm.''.
(c) Destruction of United States Border Controls.--Section 1361 of
title 18, United States Code, is amended--
(1) by striking ``If the damage'' and inserting the
following:
``(1) Except as otherwise provided in this section, if the
damage''; and
(2) by adding at the end the following:
``(2) If the injury or depredation was made or attempted
against any fence, barrier, sensor, camera, or other physical
or electronic device deployed by the Federal Government to
control the border or a port of entry or otherwise was intended
to construct, excavate, or make any structure intended to
defeat, circumvent, or evade any such fence, barrier, sensor
camera, or other physical or electronic device deployed by the
Federal Government to control the border or a port of entry, by
a fine under this title or imprisonment for not more than 15
years, or both.
``(3) If the injury or depredation was described under
paragraph (2) and, in the commission of the offense, the
offender used or carried a firearm or, in furtherance of any
such offense, possessed a firearm, by a fine under this title
or imprisonment for not more than 20 years, or both.''.
TITLE IV--BORDER SECURITY FUNDING
SEC. 4101. BORDER SECURITY FUNDING.
(a) Funding.--In addition to amounts otherwise made available by
this Act or any other provision of law, there is hereby appropriated to
the ``U.S. Customs and Border Protection--Procurement, Construction,
and Improvements'' account, out of any amounts in the Treasury not
otherwise appropriated, $23,400,000,000, to be available as described
in subsections (b) and (c), of which--
(1) $16,625,000,000 shall be for a border wall system along
the southern border of the United States, including physical
barriers and associated detection technology, roads, and
lighting; and
(2) $6,775,000,000 shall be for infrastructure, assets,
operations, and technology to enhance border security along the
southern border of the United States, including--
(A) border security technology, including
surveillance technology, at and between ports of entry;
(B) new roads and improvements to existing roads;
(C) U.S. Border Patrol facilities and ports of
entry;
(D) aircraft, aircraft-based sensors and associated
technology, vessels, spare parts, and equipment to
maintain such assets;
(E) a biometric entry and exit system; and
(F) family residential centers.
(b) Availability of Border Wall System Funds.--
(1) In general.--Of the amount appropriated in subsection
(a)(1)--
(A) $2,241,000,000 shall become available October
1, 2018;
(B) $1,808,000,000 shall become available October
1, 2019;
(C) $1,715,000,000 shall become available October
1, 2020;
(D) $2,140,000,000 shall become available October
1, 2021;
(E) $1,735,000,000 shall become available October
1, 2022;
(F) $1,746,000,000 shall become available October
1, 2023;
(G) $1,776,000,000 shall become available October
1, 2024;
(H) $1,746,000,000 shall become available October
1, 2025; and
(I) $1,718,000,000 shall become available October
1, 2026.
(2) Period of availability.--An amount made available under
subparagraph (A), (B), (C), (D), (E), (F), (G), (H), or (I) of
paragraph (1) shall remain available for five years after the
date specified in that subparagraph.
(c) Availability of Border Security Investment Funds.--
(1) In general.--Of the amount appropriated in subsection
(a)(2)--
(A) $500,000,000 shall become available October 1,
2018;
(B) $1,850,000,000 shall become available October
1, 2019;
(C) $1,950,000,000 shall become available October
1, 2020;
(D) $1,925,000,000 shall become available October
1, 2021; and
(E) $550,000,000 shall become available October 1,
2022.
(2) Period of availability.--An amount made available under
subparagraph (A), (B), (C), (D), or (E) of paragraph (1) shall
remain available for five years after the date specified in
that subparagraph.
(3) Transfer authority.--
(A) In general.--Notwithstanding any limitation on
transfer authority in any other provision of law and
subject to the notification requirement in subparagraph
(B), the Secretary of Homeland Security may transfer
any amounts made available under paragraph (1) to the
``U.S. Customs and Border Protection--Operations and
Support'' account only to the extent necessary to carry
out the purposes described in subsection (a)(2).
(B) Notification required.--The Secretary shall
notify the Committees on Appropriations of the Senate
and the House of Representatives not later than 30 days
before each such transfer.
(d) Multi-Year Spending Plan.--The Secretary of Homeland Security
shall include in the budget justification materials submitted in
support of the President's annual budget request for fiscal year 2020
(as submitted under section 1105(a) of title 31, United States Code) a
multi-year spending plan for the amounts made available under
subsection (a).
(e) Expenditure Plan.--Each amount that becomes available in
accordance with subsection (b) or (c) may not be obligated until the
date that is 30 days after the date on which the Committees on
Appropriations of the Senate and the House of Representatives receive a
detailed plan, prepared by the Commissioner of U.S. Customs and Border
Protection, for the expenditure of such amount.
(f) Quarterly Briefing Requirement.--Beginning not later than 180
days after the date of the enactment of this Act, and quarterly
thereafter, the Commissioner of U.S. Customs and Border Protection
shall brief the Committees on Appropriations of the Senate and the
House of Representatives regarding activities under and progress made
in carrying out this section.
(g) Rules of Construction.--Nothing in this section may be
construed to limit the availability of funds made available by any
other provision of law for carrying out the requirements of this Act or
the amendments made by this Act. Any reference in this section to an
appropriation account shall be construed to include any successor
accounts.
(h) Discretionary Amounts.--Notwithstanding any other provision of
law, the amounts appropriated under subsection (a) are discretionary
appropriations (as that term is defined in section 250(c)(7) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
900(c)(7))).
SEC. 4102. EXCLUSION FROM PAYGO SCORECARDS.
The budgetary effects of this Act shall not be entered on either
PAYGO scorecard maintained pursuant to section 4(d) of the Statutory
Pay-As-You-Go Act of 2010.
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Referred to the Committee on Homeland Security, and in addition to the Committees on the Judiciary, Transportation and Infrastructure, Oversight and Government Reform, Foreign Affairs, Agriculture, Armed Services, Natural Resources, the Budget, and Ways and Means, 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.
Referred to the Committee on Homeland Security, and in addition to the Committees on the Judiciary, Transportation and Infrastructure, Oversight and Government Reform, Foreign Affairs, Agriculture, Armed Services, Natural Resources, the Budget, and Ways and Means, 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.
Referred to the Committee on Homeland Security, and in addition to the Committees on the Judiciary, Transportation and Infrastructure, Oversight and Government Reform, Foreign Affairs, Agriculture, Armed Services, Natural Resources, the Budget, and Ways and Means, 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.
Referred to the Committee on Homeland Security, and in addition to the Committees on the Judiciary, Transportation and Infrastructure, Oversight and Government Reform, Foreign Affairs, Agriculture, Armed Services, Natural Resources, the Budget, and Ways and Means, 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.
Referred to the Committee on Homeland Security, and in addition to the Committees on the Judiciary, Transportation and Infrastructure, Oversight and Government Reform, Foreign Affairs, Agriculture, Armed Services, Natural Resources, the Budget, and Ways and Means, 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.
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Referred to the Committee on Homeland Security, and in addition to the Committees on the Judiciary, Transportation and Infrastructure, Oversight and Government Reform, Foreign Affairs, Agriculture, Armed Services, Natural Resources, the Budget, and Ways and Means, 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.
Referred to the Committee on Homeland Security, and in addition to the Committees on the Judiciary, Transportation and Infrastructure, Oversight and Government Reform, Foreign Affairs, Agriculture, Armed Services, Natural Resources, the Budget, and Ways and Means, 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.
Referred to the Committee on Homeland Security, and in addition to the Committees on the Judiciary, Transportation and Infrastructure, Oversight and Government Reform, Foreign Affairs, Agriculture, Armed Services, Natural Resources, the Budget, and Ways and Means, 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.
Referred to the Committee on Homeland Security, and in addition to the Committees on the Judiciary, Transportation and Infrastructure, Oversight and Government Reform, Foreign Affairs, Agriculture, Armed Services, Natural Resources, the Budget, and Ways and Means, 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.
Referred to the Committee on Homeland Security, and in addition to the Committees on the Judiciary, Transportation and Infrastructure, Oversight and Government Reform, Foreign Affairs, Agriculture, Armed Services, Natural Resources, the Budget, and Ways and Means, 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.
Referred to the Subcommittee on Military Personnel.
Referred to the Subcommittee on Aviation.
Referred to the Subcommittee on Coast Guard and Maritime Transportation.
Referred to the Subcommittee on Economic Development, Public Buildings and Emergency Management.
Referred to the Subcommittee on Highways and Transit.
Referred to the Subcommittee on Water Resources and Environment.
Referred to the Subcommittee on Federal Lands.
Referred to the Subcommittee on Trade.
Referred to the Subcommittee on Border and Maritime Security.
Referred to the Subcommittee on Immigration and Border Security.