G:\M\15\MCCAUL\MCCAUL_055.XML AMENDMENT IN THE TO OFFERED BY NATURE OF A SUBSTITUTE H.R. 3548 MR. MCCAUL OF TEXAS Strike all after the enacting clause and insert the following: 1 SECTION 1. SHORT TITLE. (a) SHORT TITLE.—This Act may be cited as the 2 3 ‘‘Border Security for America Act of 2017’’. (b) TABLE 4 OF CONTENTS.—The table of contents for 5 this Act is as follows: Sec. 1. Short title. TITLE I—BORDER SECURITY Sec. 101. Definitions. Subtitle A—Infrastructure and Equipment Sec. 111. Strengthening the requirements for barriers along the southern border. Sec. 112. Air and Marine Operations flight hours. Sec. 113. Capability deployment to specific sectors and transit zone. Sec. 114. U.S. Border Patrol physical infrastructure improvements. Sec. 115. U.S. Border Patrol activities. Sec. 116. Border security technology program management. Sec. 117. National Guard support to secure the southern border and reimbursement of States for deployment of the National Guard at the southern border. Sec. 118. Operation Phalanx. Sec. 119. Merida Initiative. Sec. 120. Prohibitions on actions that impede border security on certain Federal land. Sec. 121. Landowner and rancher security enhancement. Sec. 122. Eradication of carrizo cane and salt cedar. Sec. 123. Southern border threat analysis. Sec. 124. Amendments to U.S. Customs and Border Protection. Subtitle B—Personnel g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 2 Sec. 131. Additional U.S. Customs and Border Protection agents and officers. Sec. 132. U.S. Customs and Border Protection retention incentives. Sec. 133. Anti-Border Corruption Reauthorization Act. Subtitle C—Grants Sec. 141. Operation Stonegarden. Subtitle D—Authorization of Appropriations Sec. 151. Authorization of appropriations. TITLE II—EMERGENCY PORT OF ENTRY PERSONNEL AND INFRASTRUCTURE FUNDING Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 201. 202. 203. 204. 205. 206. 207. 208. TITLE I—BORDER SECURITY 1 2 SEC. 101. DEFINITIONS. 3 In this title: (1) ADVANCED 4 UNATTENDED SURVEILLANCE 5 SENSORS.—The 6 lance sensors’’ means sensors that utilize an onboard 7 computer to analyze detections in an effort to dis- 8 cern between vehicles, humans, and animals, and ul- 9 timately filter false positives prior to transmission. (2) 10 term ‘‘advanced unattended surveil- APPROPRIATE CONGRESSIONAL COM- 11 MITTEE.—The 12 mittee’’ has the meaning given the term in section 13 2(2) of the Homeland Security Act of 2002 (6 14 U.S.C. 101(2)). g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 Ports of entry infrastructure. Secure communications. Border security deployment program. Pilot and upgrade of license plate readers at ports of entry. Biometric exit data system. Sense of Congress on cooperation between agencies. Authorization of appropriations. Definition. 12:19 Sep 27, 2017 Jkt 000000 term ‘‘appropriate congressional com- (670659 18) PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 3 (3) 1 term ‘‘Commis- 2 sioner’’ means the Commissioner of U.S. Customs 3 and Border Protection. (4) HIGH 4 TRAFFIC AREAS.—The term ‘‘high 5 traffic areas’’ has the meaning given such term in 6 section 102(e)(1) of the Illegal Immigration Reform 7 and Immigrant Responsibility Act of 1996, as 8 amended by section 111 of this Act. (5) OPERATIONAL 9 CONTROL.—The term ‘‘oper- 10 ational control’’ has the meaning given such term in 11 section 2(b) of the Secure Fence Act of 2006 (8 12 U.S.C. 1701 note; Public Law 109–367). (5) SECRETARY.—The term ‘‘Secretary’’ means 13 14 the Secretary of Homeland Security. (6) SITUATIONAL 15 AWARENESS.—The term ‘‘sit- 16 uational awareness’’ has the meaning given such 17 term in section 1092(a)(7) of the National Defense 18 Authorization Act for Fiscal Year 2017 (Public Law 19 114–328; 6 U.S.C. 223(a)(7)). (7) TRANSIT 20 ZONE.—The term ‘‘transit zone’’ 21 has the meaning given such term in section 22 1092(a)(8) of the National Defense Authorization 23 Act for Fiscal Year 2017 (Public Law 114–328; 6 24 U.S.C. 223(a)(7)). g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 COMMISSIONER.—The 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 4 2 Subtitle A—Infrastructure and Equipment 3 SEC. 111. STRENGTHENING THE REQUIREMENTS FOR BAR- 1 4 5 RIERS ALONG THE SOUTHERN BORDER. Section 102 of the Illegal Immigration Reform and 6 Immigrant Responsibility Act of 1996 (Division C of Pub7 lic Law 104–208; 8 U.S.C. 1103 note) is amended— (1) by amending subsection (a) to read as fol- 8 9 10 lows: ‘‘(a) IN GENERAL.—The Secretary of Homeland Se- 11 curity shall take such actions as may be necessary (includ12 ing the removal of obstacles to detection of illegal en13 trants) to construct, install, deploy, operate, and maintain 14 tactical infrastructure and technology in the vicinity of the 15 United States border to deter, impede, and detect illegal 16 activity in high traffic areas.’’; (2) in subsection (b)— 17 18 (A) in the subsection heading, by striking 19 ‘‘FENCING’’ and inserting ‘‘PHYSICAL BAR- 20 RIERS’’; (B) in paragraph (1)— 21 22 (i) in subparagraph (A), by inserting 23 ‘‘situational awareness and’’ before ‘‘oper- 24 ational control’’; and g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 5 (ii) by amending subparagraph (B) to 1 2 read as follows: 3 ‘‘(B) TACTICAL ‘‘(i) IN 4 GENERAL.—Not later than 5 January 20, 2021, the Secretary of Home- 6 land Security, in carrying out subsection 7 (a), shall deploy along the United States 8 border the most practical and effective tac- 9 tical infrastructure available for achieving 10 situational awareness and operational con- 11 trol of the border. ‘‘(ii) TACTICAL 12 INFRASTRUCTURE DE- 13 FINED.—In 14 ‘tactical infrastructure’ includes— this subparagraph, the term 15 ‘‘(I) boat ramps, access gates, 16 forward operating bases, checkpoints, 17 lighting, and roads; and 18 ‘‘(II) physical barriers (including 19 fencing, border wall system, and levee 20 walls).’’; and 21 (iii) in subparagraph (C)— (I) by amending clause (i) to 22 23 read as follows: 24 ‘‘(i) IN g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) 12:19 Sep 27, 2017 GENERAL.—In carrying out this section, the Secretary of Homeland 25 VerDate 0ct 09 2002 INFRASTRUCTURE.— Jkt 000000 (670659 18) PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 6 1 Security shall, before deploying tactical in- 2 frastructure in a specific area or region, 3 consult with the Secretary of the Interior, 4 the Secretary of Agriculture, the Governors 5 for each State on the southern land border 6 and northern land border, other States, 7 local governments, Indian tribes, represent- 8 atives of the U.S. Border Patrol and U.S. 9 Customs and Border Protection, relevant 10 Federal, State, local, and tribal agencies 11 that have jurisdiction on the southern land 12 border or in the maritime environment 13 along the southern border, and private 14 property owners in the United States to 15 minimize the impact on the environment, 16 culture, commerce, quality of life for the 17 communities and residents located near the 18 sites at which physical barriers, tactical in- 19 frastructure, and technology are to be con- 20 structed.’’; (II) by redesignating clause (ii) 21 as clause (iii); and 22 23 (III) by inserting after clause (i), 24 as amended, the following new clause: g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 7 1 ‘‘(ii) NOTIFICATION.—Not later than 2 60 days after the consultation required 3 under clause (i), the Secretary of Home- 4 land Security shall notify the Committee 5 on Homeland Security of the House of 6 Representatives and the Committee on 7 Homeland Security and Governmental Af- 8 fairs of the Senate of the type of tactical 9 infrastructure and technology the Sec- 10 retary has determined is most practical 11 and effective to achieve operational control 12 and situational awareness in a specific area 13 and the other alternatives the Secretary 14 considered before making such a deter- 15 mination’’; 16 (C) in paragraph (2)— 17 (i) by striking ‘‘Attorney General’’ 18 and inserting ‘‘Secretary of Homeland Se- 19 curity’’; and 20 (ii) striking ‘‘construction of 21 fences’’ and inserting ‘‘the construction of 22 physical barriers’’; and 23 (D) by amending paragraph (3) to read as follows: 24 g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 by 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 8 ‘‘(3) AGENT 1 carrying out this sec- 2 tion, the Secretary of Homeland Security, when con- 3 structing tactical infrastructure, shall incorporate 4 such safety features into the design of such tactical 5 infrastructure that the Secretary determines, in the 6 Secretary’s sole discretion, are necessary to maxi- 7 mize the safety and effectiveness of officers or 8 agents of the Department of Homeland Security or 9 of any other Federal agency.’’; (3) in subsection (c), by amending paragraph 10 (1) to read as follows: 11 ‘‘(1) IN 12 GENERAL.—Notwithstanding any other 13 provision of law, the Secretary of Homeland Security 14 is authorized to waive all legal requirements the Sec- 15 retary, in the Secretary’s sole discretion, determines 16 necessary to ensure the expeditious construction, in- 17 stallation, operation, and maintenance of the tactical 18 infrastructure and technology under this section. 19 Any such decision by the Secretary shall be effective 20 upon publication in the Federal Register.’’; and (4) by adding after subsection (c) the following 21 22 new subsections: 23 ‘‘(d) CONSTRUCTION, INSTALLATION, 24 NANCE OF g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 SAFETY.—In 12:19 Sep 27, 2017 Jkt 000000 AND MAINTE- TECHNOLOGY.— (670659 18) PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 9 ‘‘(1) IN 1 later than January 20, 2 2021, the Secretary of Homeland Security, in car- 3 rying out subsection (a), shall deploy along the 4 United States border the most practical and effective 5 technology available for achieving situational aware- 6 ness and operational control of the border. ‘‘(2) TECHNOLOGY 7 DEFINED.—In this sub- 8 section, the term ‘technology’ includes border sur- 9 veillance and detection technology, including the fol- 10 lowing: 11 ‘‘(A) Tower-based surveillance technology. 12 ‘‘(B) Deployable, lighter-than-air ground surveillance equipment. 13 ‘‘(C) Vehicle and Dismount Exploitation 14 Radars (VADER). 15 16 ‘‘(D) 3-dimensional, seismic acoustic detec- 17 tion and ranging border tunneling detection 18 technology. ‘‘(E) Advanced unattended surveillance 19 sensors. 20 ‘‘(F) Mobile vehicle-mounted and man- 21 portable surveillance capabilities. 22 ‘‘(G) Unmanned aerial vehicles. 23 24 ‘‘(e) DEFINITIONS.—In this section: g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 GENERAL.—Not 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 10 ‘‘(1) HIGH 1 TRAFFIC AREAS.—The term ‘high 2 traffic areas’ means areas in the vicinity of the 3 United States border that— ‘‘(A) are within the responsibility of U.S. 4 Customs and Border Protection; and 5 ‘‘(B) have significant unlawful cross-border 6 7 activity. 8 ‘‘(2) OPERATIONAL CONTROL.—The term ‘oper- 9 ational control’ has the meaning given such term in 10 section 2(b) of the Secure Fence Act of 2006 (8 11 U.S.C. 1701 note; Public Law 109–367). ‘‘(3) SITUATIONAL 12 AWARENESS DEFINED.—The 13 term ‘situational awareness’ has the meaning given 14 such term in section 1092(a)(7) of the National De- 15 fense Authorization Act for Fiscal Year 2017 (Pub- 16 lic Law 114–328).’’. 17 SEC. 112. AIR AND MARINE OPERATIONS FLIGHT HOURS. 18 (a) INCREASED FLIGHT HOURS.—The Secretary 19 shall ensure that not fewer than 95,000 annual flight 20 hours are carried out by Air and Marine Operations of 21 U.S. Customs and Border Protection. 22 (b) UNMANNED AERIAL SYSTEM.—The Secretary 23 shall ensure that Air and Marine Operations operate un24 manned aerial systems on the southern border of the g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 11 1 United States for not less than 24 hours per day for five 2 days per week. 3 (c) CONTRACT AIR SUPPORT AUTHORIZATION.—The 4 Commissioner shall contract for the unfulfilled identified 5 air support mission critical hours, as identified by the 6 Chief of the U.S. Border Patrol. 7 (d) PRIMARY MISSION.—The Commissioner shall en- 8 sure that— 9 (1) the primary missions for Air and Marine 10 Operations are to directly support U.S. Border Pa- 11 trol activities along the southern border of the 12 United States and Joint Interagency Task Force 13 South operations in the transit zone; and 14 (2) the Executive Assistant Commissioner of 15 Air and Marine Operations assigns the greatest pri- 16 ority to support missions established by the Commis- 17 sioner to carry out the requirements under this Act. 18 (e) HIGH-DEMAND FLIGHT HOUR REQUIREMENTS.— 19 In accordance with subsection (d), the Commissioner shall 20 ensure that U.S. Border Patrol Sector Chiefs— (1) identify critical flight hour requirements; 21 22 and 23 (2) direct Air and Marine Operations to sup- 24 port requests from Sector Chiefs as their primary 25 mission. g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 12 1 (f) SMALL UNMANNED AERIAL VEHICLES.— (1) IN 2 Chief of the U.S. Bor- 3 der Patrol shall be the operational lead for U.S. 4 Customs and Border Protection’s use of small un- 5 manned aerial vehicles for the purpose of meeting 6 the U.S. Border Patrol’s unmet flight hour oper- 7 ational requirements and to achieve situational 8 awareness and operational control. 9 (2) COORDINATION.—In carrying out para- 10 graph (1), the Chief of the U.S. Border Patrol shall 11 coordinate with the Executive Assistant Commis- 12 sioner for Air and Marine Operations of U.S. Cus- 13 toms and Border Protection to ensure the safety of 14 other aircraft flying in the vicinity of small un- 15 manned aerial vehicles operated by the U.S. Border 16 Patrol. 17 (3) DEFINITION.—In this subsection, the term 18 ‘‘small unmanned aerial vehicle’’ means any un- 19 manned aerial vehicle operated by U.S. Customs and 20 Border Protection weighing less than 55 pounds. (4) CONFORMING 21 AMENDMENT.—Paragraph (3) 22 of section 411(e) of the Homeland Security Act of 23 2002 (6 U.S.C. 211(e)) is amended— (A) in subparagraph (B), by striking 24 ‘‘and’’ after the semicolon at the end; 25 g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 GENERAL.—The 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 13 (B) by redesignating subparagraph (C) as 1 subparagraph (D); and 2 (C) by inserting after subparagraph (B) 3 the following new subparagraph: 4 5 ‘‘(C) carry out the small unmanned aerial 6 vehicle requirements pursuant to subsection (f) 7 of section 112 of the Border Security for Amer- 8 ica Act of 2017; and’’. 9 SEC. 113. CAPABILITY DEPLOYMENT TO SPECIFIC SECTORS 10 11 AND TRANSIT ZONE. (a) IN GENERAL.—Not later than January 20, 2021, 12 the Secretary, in implementing section 102 of the Illegal 13 Immigration Reform and Immigrant Responsibility Act of 14 1996 (as amended by section 111 of this Act), and acting 15 through the appropriate component of the Department of 16 Homeland Security, shall deploy to each sector or region 17 of the southern border and the northern border, in a 18 prioritized manner to achieve situational awareness and 19 operational control of such borders, the following addi20 tional capabilities: (1) SAN 21 22 the San Diego sector, the following: 23 (A) Tower-based surveillance technology. 24 (B) Subterranean surveillance and detection technologies. 25 g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 DIEGO SECTOR.—For 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 14 (C) To increase coastal maritime domain 1 awareness, the following: 2 (i) Deployable, lighter-than-air surface 3 surveillance equipment. 4 (ii) Unmanned aerial vehicles with 5 maritime surveillance capability. 6 7 (iii) Maritime patrol aircraft. 8 (iv) Coastal radar surveillance systems. 9 (v) Maritime signals intelligence capa- 10 11 bilities. 12 (D) Ultralight aircraft detection capabilities. 13 (E) Advanced unattended surveillance sen- 14 sors. 15 (F) A rapid reaction capability supported 16 by aviation assets. 17 (G) Mobile vehicle-mounted and man-port- 18 able surveillance capabilities. 19 (H) Man-portable unmanned aerial vehi- 20 cles. 21 (I) Improved agent communications capa- 22 23 bilities. 24 (2) EL 25 12:19 Sep 27, 2017 the El Centro sector, the following: g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 CENTRO SECTOR.—For Jkt 000000 (670659 18) PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 15 1 (A) Tower-based surveillance technology. 2 (B) Deployable, lighter-than-air ground surveillance equipment. 3 (C) Man-portable unmanned aerial vehi- 4 cles. 5 (D) Ultralight aircraft detection capabili- 6 ties. 7 (E) Advanced unattended surveillance sen- 8 sors. 9 (F) A rapid reaction capability supported 10 by aviation assets. 11 (G) Man-portable unmanned aerial vehi- 12 cles. 13 (H) Improved agent communications capa- 14 15 bilities. 16 (3) YUMA 17 the Yuma sector, the following: 18 (A) Tower-based surveillance technology. 19 (B) Deployable, lighter-than-air ground surveillance equipment. 20 (C) Ultralight aircraft detection capabili- 21 ties. 22 (D) Advanced unattended surveillance sen- 23 sors. 24 g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 SECTOR.—For 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 16 (E) A rapid reaction capability supported 1 by aviation assets. 2 (F) Mobile vehicle-mounted and man-port- 3 able surveillance systems. 4 (G) Man-portable unmanned aerial vehi- 5 cles. 6 (H) Improved agent communications capa- 7 8 bilities. 9 (4) TUCSON 10 the Tucson sector, the following: 11 (A) Tower-based surveillance technology. 12 (B) Increased flight hours for aerial detec- 13 tion, interdiction, and monitoring operations ca- 14 pability. (C) Deployable, lighter-than-air ground 15 surveillance equipment. 16 (D) Ultralight aircraft detection capabili- 17 ties. 18 (E) Advanced unattended surveillance sen- 19 sors. 20 (F) A rapid reaction capability supported 21 by aviation assets. 22 (G) Man-portable unmanned aerial vehi- 23 cles. 24 g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 SECTOR.—For 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 17 (H) Improved agent communications capa- 1 2 bilities. 3 (5) EL 4 the El Paso sector, the following: 5 (A) Tower-based surveillance technology. 6 (B) Deployable, lighter-than-air ground surveillance equipment. 7 (C) Ultralight aircraft detection capabili- 8 ties. 9 (D) Advanced unattended surveillance sen- 10 sors. 11 (E) Mobile vehicle-mounted and man-port- 12 able surveillance systems. 13 (F) A rapid reaction capability supported 14 by aviation assets. 15 (G) Mobile vehicle-mounted and man-port- 16 able surveillance capabilities. 17 (H) Man-portable unmanned aerial vehi- 18 cles. 19 (I) Improved agent communications capa- 20 21 bilities. 22 (6) BIG 23 tor, the following: g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) 12:19 Sep 27, 2017 BEND SECTOR.—For the Big Bend sec- (A) Tower-based surveillance technology. 24 VerDate 0ct 09 2002 PASO SECTOR.—For Jkt 000000 (670659 18) PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 18 (B) Deployable, lighter-than-air ground 1 surveillance equipment. 2 (C) Improved agent communications capa- 3 bilities. 4 (D) Ultralight aircraft detection capabili- 5 ties. 6 (E) Advanced unattended surveillance sen- 7 sors. 8 (F) A rapid reaction capability supported 9 by aviation assets. 10 (G) Mobile vehicle-mounted and man-port- 11 able surveillance capabilities. 12 (H) Man-portable unmanned aerial vehi- 13 cles. 14 (I) Improved agent communications capa- 15 16 bilities. 17 (7) DEL 18 the following: the Del Rio sector, 19 (A) Tower-based surveillance technology. 20 (B) Increased monitoring for cross-river dams, culverts, and footpaths. 21 (C) Improved agent communications capa- 22 bilities. 23 (D) Improved maritime capabilities in the 24 Amistad National Recreation Area. 25 g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 RIO SECTOR.—For 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 19 (E) Advanced unattended surveillance sen- 1 sors. 2 (F) A rapid reaction capability supported 3 by aviation assets. 4 (G) Mobile vehicle-mounted and man-port- 5 able surveillance capabilities. 6 (H) Man-portable unmanned aerial vehi- 7 cles. 8 (I) Improved agent communications capa- 9 10 bilities. 11 (8) LAREDO 12 the Laredo sector, the following: 13 (A) Tower-based surveillance technology. 14 (B) Maritime detection resources for the Falcon Lake region. 15 16 (C) Increased flight hours for aerial detec- 17 tion, interdiction, and monitoring operations ca- 18 pability. (D) Increased monitoring for cross-river 19 dams, culverts, and footpaths. 20 21 (E) Ultralight aircraft detection capability. 22 (F) Advanced unattended surveillance sensors. 23 (G) A rapid reaction capability supported 24 by aviation assets. 25 g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 SECTOR.—For 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 20 (H) Man-portable unmanned aerial vehi- 1 cles. 2 (I) Improved agent communications capa- 3 4 bilities. 5 (9) RIO 6 the Rio Grande Valley sector, the following: 7 (A) Tower-based surveillance technology. 8 (B) Deployable, lighter-than-air ground surveillance equipment. 9 10 (C) Increased flight hours for aerial detec- 11 tion, interdiction, and monitoring operations ca- 12 pability. 13 (D) Ultralight aircraft detection capability. 14 (E) Advanced unattended surveillance sensors. 15 (F) Increased monitoring for cross-river 16 dams, culverts, footpaths. 17 (G) A rapid reaction capability supported 18 by aviation assets. 19 (H) Increased maritime interdiction capa- 20 bilities. 21 (I) Mobile vehicle-mounted and man-port- 22 able surveillance capabilities. 23 (J) Man-portable unmanned aerial vehi- 24 cles. 25 g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 GRANDE VALLEY SECTOR.—For 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 21 (K) Improved agent communications capa- 1 2 bilities. 3 (10) BLAINE 4 the Blaine sector, the following: 5 (A) Increased flight hours for aerial detec- 6 tion, interdiction, and monitoring operations ca- 7 pability. 8 (B) Coastal radar surveillance systems. 9 (C) Increased maritime interdiction capabilities. 10 (D) Mobile vehicle-mounted and man-port- 11 able surveillance capabilities. 12 (E) Advanced unattended surveillance sen- 13 sors. 14 (F) Ultralight aircraft detection capabili- 15 ties. 16 (G) Man-portable unmanned aerial vehi- 17 cles. 18 (H) Improved agent communications capa- 19 20 bilities. 21 (11) SPOKANE 22 SECTOR.—For the Spokane sec- tor, the following: 23 (A) Increased flight hours for aerial detec- 24 tion, interdiction, and monitoring operations ca- 25 pability. g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 SECTOR.—For 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 22 (B) Increased maritime interdiction capa- 1 bilities. 2 (C) Mobile vehicle-mounted and man-port- 3 able surveillance capabilities. 4 (D) Advanced unattended surveillance sen- 5 sors. 6 (E) Ultralight aircraft detection capabili- 7 ties. 8 (F) Completion of six miles of the Bog 9 Creek road. 10 (G) Man-portable unmanned aerial vehi- 11 cles. 12 (H) Improved agent communications sys- 13 14 tems. 15 (12) HAVRE 16 the Havre sector, the following: 17 (A) Increased flight hours for aerial detec- 18 tion, interdiction, and monitoring operations ca- 19 pability. (B) Mobile vehicle-mounted and man-port- 20 able surveillance capabilities. 21 (C) Advanced unattended surveillance sen- 22 sors. 23 (D) Ultralight aircraft detection capabili- 24 ties. 25 g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 SECTOR.—For 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 23 (E) Man-portable unmanned aerial vehi- 1 cles. 2 (F) Improved agent communications sys- 3 4 tems. 5 (13) GRAND 6 the Grand Forks sector, the following: 7 (A) Increased flight hours for aerial detec- 8 tion, interdiction, and monitoring operations ca- 9 pability. (B) Mobile vehicle-mounted and man-port- 10 able surveillance capabilities. 11 (C) Advanced unattended surveillance sen- 12 sors. 13 (D) Ultralight aircraft detection capabili- 14 ties. 15 (E) Man-portable unmanned aerial vehi- 16 cles. 17 (F) Improved agent communications sys- 18 19 tems. 20 (14) DETROIT 21 SECTOR.—For the Detroit sec- tor, the following: 22 (A) Increased flight hours for aerial detec- 23 tion, interdiction, and monitoring operations ca- 24 pability. (B) Coastal radar surveillance systems. 25 g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 FORKS SECTOR.—For 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 24 (C) Increased maritime interdiction capa- 1 bilities. 2 (D) Mobile vehicle-mounted and man-port- 3 able surveillance capabilities. 4 (E) Advanced unattended surveillance sen- 5 sors. 6 (F) Ultralight aircraft detection capabili- 7 ties. 8 (G) Man-portable unmanned aerial vehi- 9 cles. 10 (H) Improved agent communications sys- 11 12 tems. 13 (15) BUFFALO 14 the Buffalo sec- tor, the following: 15 (A) Increased flight hours for aerial detec- 16 tion, interdiction, and monitoring operations ca- 17 pability. 18 (B) Coastal radar surveillance systems. 19 (C) Increased maritime interdiction capabilities. 20 (D) Mobile vehicle-mounted and man-port- 21 able surveillance capabilities. 22 (E) Advanced unattended surveillance sen- 23 sors. 24 g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 SECTOR.—For 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 25 (F) Ultralight aircraft detection capabili- 1 ties. 2 (G) Man-portable unmanned aerial vehi- 3 cles. 4 (H) Improved agent communications sys- 5 6 tems. 7 (16) SWANTON 8 the Swanton sec- tor, the following: 9 (A) Increased flight hours for aerial detec- 10 tion, interdiction, and monitoring operations ca- 11 pability. (B) Mobile vehicle-mounted and man-port- 12 able surveillance capabilities. 13 (C) Advanced unattended surveillance sen- 14 sors. 15 (D) Ultralight aircraft detection capabili- 16 ties. 17 (E) Man-portable unmanned aerial vehi- 18 cles. 19 (F) Improved agent communications sys- 20 21 tems. 22 (17) HOULTON 23 12:19 Sep 27, 2017 SECTOR.—For the Houlton sec- tor, the following: g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 SECTOR.—For Jkt 000000 (670659 18) PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 26 1 (A) Increased flight hours for aerial detec- 2 tion, interdiction, and monitoring operations ca- 3 pability. (B) Mobile vehicle-mounted and man-port- 4 able surveillance capabilities. 5 (C) Advanced unattended surveillance sen- 6 sors. 7 (D) Ultralight aircraft detection capabili- 8 ties. 9 (E) Man-portable unmanned aerial vehi- 10 cles. 11 (F) Improved agent communications sys- 12 13 tems. 14 (18) TRANSIT 15 the transit zone, the following: 16 (A) Not later than two years after the date 17 of the enactment of this Act, an increase in the 18 number of overall cutter, boat, and aircraft 19 hours spent conducting interdiction operations 20 over the average number of such hours during 21 the preceding three fiscal years. (B) Increased maritime signals intelligence 22 capabilities. 23 (C) To increase maritime domain aware- 24 ness, the following: 25 g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 ZONE.—For 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 27 (i) Unmanned aerial vehicles with 1 maritime surveillance capability. 2 (ii) Increased maritime aviation patrol 3 4 hours. 5 (D) Increased operational hours for mari- 6 time security components dedicated to joint 7 counter-smuggling and interdiction efforts with 8 other 9 Deployable Specialized Forces of the Coast agencies, including the Guard. 10 11 (E) Coastal radar surveillance systems 12 with long range day and night cameras capable 13 of providing full maritime domain awareness of 14 the United States territorial waters surrounding 15 Puerto Rico, Mona Island, Desecheo Island, 16 Vieques Island, Culebra Island, Saint Thomas, 17 Saint John, and Saint Croix. 18 (b) TACTICAL FLEXIBILITY.— (1) SOUTHERN 19 20 AND NORTHERN LAND BOR- DERS.— (A) IN 21 GENERAL.—Beginning on January 22 20, 2020, or after the Secretary has deployed at 23 least 25 percent of the capabilities required in 24 each sector specified in subsection (a), which- 25 ever comes later, the Secretary may deviate g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 Federal 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 28 1 from such capability deployments if the Sec- 2 retary determines that such deviation is re- 3 quired to achieve situational awareness or oper- 4 ational control. 5 (B) NOTIFICATION.—If the Secretary exer- 6 cises the authority described in subparagraph 7 (A), the Secretary shall, not later than 90 days 8 after such exercise, notify the Committee on 9 Homeland Security and Governmental Affairs 10 of the Senate and the Committee on Homeland 11 Security of the House of Representatives re- 12 garding the deviation under such subparagraph 13 that is the subject of such exercise. If the Sec- 14 retary makes any changes to such deviation, the 15 Secretary shall, not later than 90 days after 16 any such change, notify such committees re- 17 garding such change. 18 (2) TRANSIT 19 (A) NOTIFICATION.—The Secretary shall 20 notify the Committee on Homeland Security 21 and Governmental Affairs of the Senate, the 22 Committee on Commerce, Science, and Trans- 23 portation of the Senate, the Committee on 24 Homeland Security of the House of Representa- 25 tives, and the Committee on Transportation g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 ZONE.— 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 29 1 and Infrastructure of the House of Representa- 2 tives regarding the capability deployments for 3 the transit zone specified in paragraph (18) of 4 subsection (a), including information relating 5 to— (i) the number and types of assets 6 and personnel deployed; and 7 8 (ii) the impact such deployments have 9 on the capability of the Coast Guard to 10 conduct its mission in the transit zone re- 11 ferred to in paragraph (18) of subsection 12 (a). 13 (B) ALTERATION.—The Secretary may 14 alter the capability deployments referred to in 15 this section if the Secretary— 16 (i) determines, after consultation with 17 the committees referred to in subpara- 18 graph (A), that such alteration is nec- 19 essary; and 20 (ii) not later than 30 days after mak- 21 ing a determination under clause (i), noti- 22 fies the committees referred to in such 23 subparagraph regarding such alteration, 24 including information relating to— g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 30 1 (I) the number and types of as- 2 sets and personnel deployed pursuant 3 to such alteration; and 4 (II) the impact such alteration 5 has on the capability of the Coast 6 Guard to conduct its mission in the 7 transit zone referred to in paragraph 8 (18) of subsection (a). 9 (c) EXIGENT CIRCUMSTANCES.— (1) IN 10 subsection 11 (b), the Secretary may deploy the capabilities re- 12 ferred to in subsection (a) in a manner that is incon- 13 sistent with the requirements specified in such sub- 14 section if, after the Secretary has deployed at least 15 25 percent of such capabilities, the Secretary deter- 16 mines that exigent circumstances demand such an 17 inconsistent deployment or that such an inconsistent 18 deployment is vital to the national security interests 19 of the United States. 20 (2) NOTIFICATION.—The Secretary shall notify 21 the Committee on Homeland Security of the House 22 of Representative and the Committee on Homeland 23 Security and Governmental Affairs of the Senate not 24 later than 30 days after making a determination g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 GENERAL.—Notwithstanding 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 31 1 under paragraph (1). Such notification shall include 2 a detailed justification regarding such determination. 3 SEC. 114. U.S. BORDER PATROL PHYSICAL INFRASTRUC- 4 TURE IMPROVEMENTS. The Secretary shall upgrade existing physical infra- 5 6 structure of the Department of Homeland Security, and 7 construct and acquire additional physical infrastructure, 8 including— (1) U.S. Border Patrol stations; 9 10 (2) U.S. Border Patrol checkpoints; 11 (3) mobile command centers; and 12 (4) other necessary facilities, structures, and properties. 13 14 SEC. 115. U.S. BORDER PATROL ACTIVITIES. The Chief of the U.S. Border Patrol shall prioritize 15 16 the deployment of U.S. Border Patrol agents to as close 17 to the physical land border as possible, consistent with 18 border security enforcement priorities and accessibility to 19 such areas. 20 SEC. 116. BORDER SECURITY TECHNOLOGY PROGRAM 21 22 MANAGEMENT. (a) IN GENERAL.—Subtitle C of title IV of the 23 Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) 24 is amended by adding at the end the following new section: g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 32 1 ‘‘SEC. 434. BORDER SECURITY TECHNOLOGY PROGRAM 2 3 MANAGEMENT. ‘‘(a) MAJOR ACQUISITION PROGRAM DEFINED.—In 4 this section, the term ‘major acquisition program’ means 5 an acquisition program of the Department that is esti6 mated by the Secretary to require an eventual total ex7 penditure of at least $300,000,000 (based on fiscal year 8 2017 constant dollars) over its life cycle cost. 9 ‘‘(b) PLANNING DOCUMENTATION.—For each border 10 security technology acquisition program of the Depart11 ment that is determined to be a major acquisition pro12 gram, the Secretary shall— 13 ‘‘(1) ensure that each such program has a writ- 14 ten acquisition program baseline approved by the 15 relevant acquisition decision authority; 16 ‘‘(2) document that each such program is meet- 17 ing cost, schedule, and performance thresholds as 18 specified in such baseline, in compliance with rel- 19 evant departmental acquisition policies and the Fed- 20 eral Acquisition Regulation; and 21 ‘‘(3) have a plan for meeting program imple- 22 mentation objectives by managing contractor per- 23 formance. 24 ‘‘(c) ADHERENCE TO STANDARDS.—The Secretary, 25 acting through the Under Secretary for Management and 26 the Commissioner of U.S. Customs and Border Protection, g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 33 1 shall ensure border security technology acquisition pro2 gram managers who are responsible for carrying out this 3 section adhere to relevant internal control standards iden4 tified by the Comptroller General of the United States. 5 The Commissioner shall provide information, as needed, 6 to assist the Under Secretary in monitoring management 7 of border security technology acquisition programs under 8 this section. 9 ‘‘(d) PLAN.—The Secretary, acting through the 10 Under Secretary for Management, in coordination with 11 the Under Secretary for Science and Technology and the 12 Commissioner of U.S. Customs and Border Protection, 13 shall submit to the appropriate congressional committees 14 a plan for testing, evaluating, and using independent 15 verification and validation resources for border security 16 technology. Under the plan, new border security tech17 nologies shall be evaluated through a series of assess18 ments, processes, and audits to ensure— 19 ‘‘(1) compliance with relevant departmental ac- 20 quisition policies and the Federal Acquisition Regu- 21 lation; and 22 ‘‘(2) the effective use of taxpayer dollars.’’. 23 (b) CLERICAL AMENDMENT.—The table of contents 24 in section 1(b) of the Homeland Security Act of 2002 is g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 34 1 amended by inserting after the item relating to section 2 433 the following new item: ‘‘Sec. 434. Border security technology program management.’’. (c) PROHIBITION 3 4 OF ON ADDITIONAL AUTHORIZATION APPROPRIATIONS.—No additional funds are author- 5 ized to be appropriated to carry out section 434 of the 6 Homeland Security Act of 2002, as added by subsection 7 (a). Such section shall be carried out using amounts other8 wise authorized for such purposes. 9 SEC. 117. NATIONAL GUARD SUPPORT TO SECURE THE 10 SOUTHERN BORDER AND REIMBURSEMENT 11 OF STATES FOR DEPLOYMENT OF THE NA- 12 TIONAL GUARD AT THE SOUTHERN BORDER. 13 (a) IN GENERAL.—With the approval of the Sec- 14 retary and the Secretary of Defense, the Governor of a 15 State may order any units or personnel of the National 16 Guard of such State to perform operations and missions 17 under section 502(f) of title 32, United States Code, along 18 the southern border for the purposes of assisting U.S. 19 Customs and Border Protection to achieve situational 20 awareness and operational control of the border. 21 (b) ASSIGNMENT 22 (1) IN OPERATIONS GENERAL.—National AND MISSIONS.— Guard units and 23 personnel deployed under subsection (a) may be as- 24 signed such operations and missions specified in sub- g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 OF 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 35 1 section (c) as may be necessary to secure the south- 2 ern border. (2) NATURE 3 OF DUTY.—The duty of National 4 Guard personnel performing operations and missions 5 described in paragraph (1) shall be full-time duty 6 under title 32, United States Code. 7 (c) RANGE OF OPERATIONS AND MISSIONS.—The op- 8 erations and missions assigned under subsection (b) shall 9 include the temporary authority to— (1) construct reinforced fencing or other bar- 10 11 riers; 12 (2) operate ground-based surveillance systems; 13 (3) operate unmanned and manned aircraft; 14 (4) provide radio communications interoper- 15 ability between U.S. Customs and Border Protection 16 and State, local, and tribal law enforcement agen- 17 cies; 18 (5) construct checkpoints along the Southern 19 border to bridge the gap to long-term permanent 20 checkpoints; and (6) provide intelligence support. 21 22 (d) MATERIEL AND LOGISTICAL SUPPORT.—The 23 Secretary of Defense shall deploy such materiel, equip24 ment, and logistical support as may be necessary to ensure g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 36 1 success of the operations and missions conducted by the 2 National Guard under this section. (e) EXCLUSION FROM NATIONAL GUARD PER- 3 4 SONNEL STRENGTH LIMITATIONS.—National Guard per- 5 sonnel deployed under subsection (a) shall not be included 6 in— 7 (1) the calculation to determine compliance 8 with limits on end strength for National Guard per- 9 sonnel; or 10 (2) limits on the number of National Guard 11 personnel that may be placed on active duty for 12 operational support under section 115 of title 10, 13 United States Code. 14 (f) REIMBURSEMENT REQUIRED.— (1) IN 15 Secretary of Defense 16 shall reimburse States for the cost of the deployment 17 of any units or personnel of the National Guard to 18 perform operations and missions in full-time State 19 Active Duty in support of a southern border mission. 20 The Secretary of Defense may not seek reimburse- 21 ment from the Secretary for any reimbursements 22 paid to States for the costs of such deployments. 23 (2) LIMITATION.—The total amount of reim- 24 bursements under this section may not exceed 25 $35,000,000 for any fiscal year. g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 GENERAL.—The 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 37 1 SEC. 118. OPERATION PHALANX. (a) IN GENERAL.—The Secretary of Defense, with 2 3 the concurrence of the Secretary, shall provide assistance 4 to U.S. Customs and Border Protection for purposes of 5 increasing ongoing efforts to secure the southern border. (b) TYPES 6 OF ASSISTANCE AUTHORIZED.—The as- 7 sistance provided under subsection (a) may include— 8 (1) deployment of manned aircraft, unmanned 9 aerial surveillance systems, and ground-based sur- 10 veillance systems to support continuous surveillance 11 of the southern border; and (2) intelligence analysis support. 12 (c) MATERIEL AND LOGISTICAL SUPPORT.—The Sec- 13 14 retary of Defense may deploy such materiel, equipment, 15 and logistics support as may be necessary to ensure the 16 effectiveness of the assistance provided under subsection 17 (a). 18 (d) AUTHORIZATION OF APPROPRIATIONS.—There 19 are authorized to be appropriated for the Department of 20 Defense $75,000,000 to provide assistance under this sec21 tion. The Secretary of Defense may not seek reimburse22 ment from the Secretary for any assistance provided under 23 this section. 24 (e) REPORTS.— 25 (1) IN 26 12:19 Sep 27, 2017 later than 90 days after the date of the enactment of this Act and annually g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 GENERAL.—Not Jkt 000000 (670659 18) PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 38 1 thereafter, the Secretary of Defense shall submit a 2 report to the appropriate congressional defense com- 3 mittees (as defined in section 101(a)(16) of title 10, 4 United States Code) regarding any assistance pro- 5 vided under subsection (a) during the period speci- 6 fied in paragraph (3). 7 (2) ELEMENTS.—Each report under paragraph 8 (1) shall include, for the period specified in para- 9 graph (3), a description of— 10 (A) the assistance provided; 11 (B) the sources and amounts of funds used to provide such assistance; and 12 (C) the amounts obligated to provide such 13 14 assistance. 15 (3) PERIOD 16 in this paragraph is— period specified 17 (A) in the case of the first report required 18 under paragraph (1), the 90-day period begin- 19 ning on the date of the enactment of this Act; 20 and 21 (B) in the case of any subsequent report 22 submitted under paragraph (1), the calendar 23 year for which the report is submitted. g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 SPECIFIED.—The 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 39 1 SEC. 119. MERIDA INITIATIVE. 2 (a) SENSE OF CONGRESS.—It is the sense of Con- 3 gress that assistance to Mexico, including assistance from 4 the Department of State and the Department of Defense 5 and any aid related to the Merida Initiative should— 6 (1) focus on providing enhanced border security 7 at Mexico’s northern and southern borders, judicial 8 reform, and support for Mexico’s anti-drug efforts; 9 and 10 (2) return to its original focus and prioritize se- 11 curity, training, and acquisition of equipment for 12 Mexican security forces involved in anti-drug efforts 13 as well as be used to train prosecutors in ongoing 14 justice reform efforts. 15 (b) ASSISTANCE FOR MEXICO.—The Secretary of 16 State, in coordination with the Secretary and the Sec17 retary of Defense, shall provide level and consistent assist18 ance to Mexico to— 19 (1) combat drug production and trafficking and 20 related violence, transnational organized criminal or- 21 ganizations, and corruption; (2) build a secure, modern border security sys- 22 23 tem capable of preventing illegal migration; 24 (3) support border security and cooperation 25 with United States military, intelligence, and law en- 26 forcement agencies on border incursions; g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 40 1 (4) support judicial reform, institution building, 2 and rule of law activities to build judicial capacity, 3 address corruption and impunity, and support 4 human rights; and 5 (5) provide for training and equipment for 6 Mexican security forces involved in efforts to eradi- 7 cate and interdict drugs. 8 (c) ALLOCATION OF FUNDS; REPORT.— (1) IN 9 any other 10 provision of law, 50 percent of any assistance appro- 11 priated in any appropriations Act to implement this 12 section shall be withheld until after the Secretary of 13 State submits a written report to the congressional 14 committees specified in paragraph (3) certifying that 15 the Government of Mexico is— 16 (A) significantly reducing illegal migration, 17 drug trafficking, and cross-border criminal ac- 18 tivities on Mexico’s northern and southern bor- 19 ders; 20 (B) taking significant action to address 21 corruption, impunity, and human rights abuses; 22 and 23 (C) improving the transparency and ac- 24 countability of Mexican Federal police forces 25 and working with Mexican State and municipal g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 GENERAL.—Notwithstanding 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 41 1 authorities to improve the transparency and ac- 2 countability of Mexican State and municipal po- 3 lice forces. 4 (2) MATTERS report re- 5 quired under paragraph (1) shall include a descrip- 6 tion of— 7 (A) actions taken by the Government of 8 Mexico to address the matters described in such 9 paragraph; 10 (B) any relevant assessments by civil soci- 11 ety and non-government organizations in Mex- 12 ico relating to such matters; and 13 (C) any instances in which the Secretary 14 determines that the actions taken by the Gov- 15 ernment of Mexico are inadequate to address 16 such matters. 17 (3) 18 FIED.—The 19 this paragraph are— COMMITTEES SPECI- congressional committees specified in the Senate; 21 (B) the Committee on Homeland Security 22 and Governmental Affairs of the Senate; 23 (C) the Committee on the Judiciary of the 24 Senate; 25 g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) 12:19 Sep 27, 2017 CONGRESSIONAL (A) the Committee on Appropriations of 20 VerDate 0ct 09 2002 TO INCLUDE.—The Jkt 000000 (670659 18) PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 42 (D) the Committee on Foreign Relations of 1 the Senate; 2 (E) the Committee on Appropriations of 3 the House of Representatives; 4 (F) the Committee on Homeland Security 5 of the House of Representatives; 6 (G) the Committee on the Judiciary of the 7 House of Representatives; and 8 (H) the Committee on Foreign Affairs of 9 the House of Representatives. 10 11 (d) NOTIFICATIONS.—Any assistance made available 12 by the Secretary of State under this section shall be sub13 ject to— 14 (1) the notification procedures set forth in sec- 15 tion 634A of the Foreign Assistance Act of 1961 (22 16 U.S.C. 2394–1); and (2) the notification requirements of— 17 (A) the Committee on Homeland Security 18 and Governmental Affairs of the Senate; 19 (B) the Committee on the Judiciary of the 20 Senate; 21 (C) the Committee on Foreign Relations of 22 the Senate; 23 (D) the Committee on Homeland Security 24 of the House of Representatives; 25 g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 43 (E) the Committee on the Judiciary of the 1 House of Representatives; and 2 (F) the Committee on Foreign Affairs in 3 the House of Representatives. 4 5 (e) SPENDING PLAN.— (1) IN 6 later than 45 days after 7 the date of the enactment of this Act, the Secretary 8 of State shall submit to the congressional commit- 9 tees specified in paragraph (2) a detailed spending 10 plan for assistance to Mexico under this section, 11 which shall include a strategy, developed after con- 12 sulting with relevant authorities of the Government 13 of Mexico, for— (A) combating drug trafficking and related 14 violence and organized crime; and 15 16 (B) anti-corruption and rule of law activi- 17 ties, which shall include concrete goals, actions 18 to be taken, budget proposals, and a description 19 of anticipated results. 20 (2) 21 FIED.—The 22 this paragraph are— COMMITTEES SPECI- congressional committees specified in the Senate; 24 g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) 12:19 Sep 27, 2017 CONGRESSIONAL (A) the Committee on Appropriations of 23 VerDate 0ct 09 2002 GENERAL.—Not Jkt 000000 (670659 18) PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 44 (B) the Committee on Foreign Relations of 1 the Senate; 2 (C) the Committee on Homeland Security 3 and Governmental Affairs of the Senate; 4 (D) the Committee on the Judiciary of the 5 Senate; 6 (E) the Committee on Appropriations of 7 the House of Representatives; 8 (F) the Committee on Foreign Affairs of 9 the House of Representatives; 10 (G) the Committee on Homeland Security 11 of the House of Representatives; and 12 (H) the Committee on the Judiciary of the 13 House of Representatives. 14 15 SEC. 120. PROHIBITIONS ON ACTIONS THAT IMPEDE BOR- 16 DER SECURITY ON CERTAIN FEDERAL LAND. 17 (a) PROHIBITION ON INTERFERENCE WITH U.S. 18 CUSTOMS AND BORDER PROTECTION.— (1) IN 19 Secretary concerned 20 shall not impede, prohibit, or restrict activities of 21 U.S. Customs and Border Protection on covered 22 Federal land to execute search and rescue operations 23 or to prevent all unlawful entries into the United 24 States, including entries by terrorists, other unlawful 25 aliens, instruments of terrorism, narcotics, and other g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 GENERAL.—The 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 45 1 contraband through the southern border or the 2 northern border. 3 (2) APPLICABILITY.—The authority of U.S. 4 Customs and Border Protection to conduct activities 5 described in paragraph (1) on covered Federal land 6 applies without regard to whether a state of emer- 7 gency exists. 8 (b) AUTHORIZED ACTIVITIES OF U.S. CUSTOMS AND 9 BORDER PROTECTION.— (1) IN 10 Customs and Border 11 Protection shall have immediate access to covered 12 Federal land to conduct the activities described in 13 paragraph (2) on such land to prevent all unlawful 14 entries into the United States, including entries by 15 terrorists, other unlawful aliens, instruments of ter- 16 rorism, narcotics, and other contraband through the 17 southern border or the northern border. (2) ACTIVITIES 18 19 DESCRIBED.—The activities de- scribed in this paragraph are— 20 (A) The use of motorized vehicles, foot pa- 21 trols, and horseback to patrol the border area, 22 apprehend illegal entrants, and rescue individ- 23 uals; and 24 (B) the construction, installation, oper- 25 ation and maintenance of tactical infrastructure g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 GENERAL.—U.S. 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 46 1 and border technology described in section 102 2 of the Illegal Immigration Reform and Immi- 3 grant Responsibility Act of 1996 (as amended 4 by section 111 of this Act). (c) CLARIFICATION RELATING 5 6 WAIVER AUTHOR- ITY.— (1) IN 7 GENERAL.—The activities of U.S. Cus- 8 toms and Border Protection described in subsection 9 (b)(2) may be carried out without regard to the pro- 10 visions of law specified in paragraph (2). (2) PROVISIONS 11 OF LAW SPECIFIED.—The pro- 12 visions of law specified in this section are all Fed- 13 eral, State, or other laws, regulations, and legal re- 14 quirements of, deriving from, or related to the sub- 15 ject of, the following laws: (A) The National Environmental Policy 16 Act of 1969 (42 U.S.C. 4321 et seq.). 17 (B) The Endangered Species Act of 1973 18 (16 U.S.C. 1531 et seq.). 19 20 (C) The Federal Water Pollution Control 21 Act (33 U.S.C. 1251 et seq.) (commonly re- 22 ferred to as the ‘‘Clean Water Act’’). 23 (D) Division A of subtitle III of title 54, 24 United States Code (54 U.S.C. 300301 et seq.) g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 TO 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 47 1 (formerly known as the ‘‘National Historic 2 Preservation Act’’). (E) The Migratory Bird Treaty Act (16 3 U.S.C. 703 et seq.). 4 (F) The Clean Air Act (42 U.S.C. 7401 et 5 seq.). 6 (G) The Archaeological Resources Protec- 7 tion Act of 1979 (16 U.S.C. 470aa et seq.). 8 (H) The Safe Drinking Water Act (42 9 U.S.C. 300f et seq.). 10 (I) The Noise Control Act of 1972 (42 11 U.S.C. 4901 et seq.). 12 (J) The Solid Waste Disposal Act (42 13 U.S.C. 6901 et seq.). 14 15 (K) The Comprehensive Environmental 16 Response, Compensation, and Liability Act of 17 1980 (42 U.S.C. 9601 et seq.). 18 (L) Chapter 3125 of title 54, United 19 States Code (formerly known as the ‘‘Archae- 20 ological and Historic Preservation Act’’). (M) The Antiquities Act (16 U.S.C. 431 et 21 seq.). 22 23 (N) Chapter 3203 of title 54, United 24 States Code (formerly known as the ‘‘Historic 25 Sites, Buildings, and Antiquities Act’’). g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 48 (O) The Wild and Scenic Rivers Act (16 1 U.S.C. 1271 et seq.). 2 (P) The Farmland Protection Policy Act 3 (7 U.S.C. 4201 et seq.). 4 (Q) The Coastal Zone Management Act of 5 1972 (16 U.S.C. 1451 et seq.). 6 (R) The Wilderness Act (16 U.S.C. 1131 7 et seq.). 8 (S) The Federal Land Policy and Manage- 9 ment Act of 1976 (43 U.S.C. 1701 et seq.). 10 11 (T) The National Wildlife Refuge System 12 Administration Act of 1966 (16 U.S.C. 668dd 13 et seq.). (U) The Fish and Wildlife Act of 1956 (16 14 U.S.C. 742a et seq.). 15 (V) The Fish and Wildlife Coordination 16 Act (16 U.S.C. 661 et seq.). 17 18 (W) Subchapter II of chapter 5, and chap- 19 ter 7, of title 5, United States Code (commonly 20 known as the ‘‘Administrative Procedure Act’’). 21 (X) The Otay Mountain Wilderness Act of 1999 (Public Law 106–145). 22 23 (Y) Sections 102(29) and 103 of the Cali- 24 fornia Desert Protection Act of 1994 (Public 25 Law 103–433). g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 49 1 (Z) Division A of subtitle I of title 54, 2 United States Code (formerly known as the 3 ‘‘National Park Service Organic Act’’. 4 (AA) The National Park Service General 5 Authorities Act (Public Law 91–383, 16 U.S.C. 6 1a–1 et seq.). 7 (BB) Sections 401(7), 403, and 404 of the 8 National Parks and Recreation Act of 1978 9 (Public Law 95–625). 10 (CC) Sections 301(a) through (f) of the 11 Arizona Desert Wilderness Act (Public Law 12 101–628). (DD) The Rivers and Harbors Act of 1899 13 (33 U.S.C. 403). 14 (EE) The Eagle Protection Act (16 U.S.C. 15 668 et seq.). 16 17 (FF) The Native American Graves Protec- 18 tion and Repatriation Act (25 U.S.C. 3001 et 19 seq.). (GG) The American Indian Religious Free- 20 dom Act (42 U.S.C. 1996). 21 (HH) The Religious Freedom Restoration 22 Act (42 U.S.C. 2000bb). 23 (II) The National Forest Management Act 24 of 1976 (16 U.S.C. 1600 et seq.). 25 g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 50 (JJ) The Multiple Use and Sustained 1 2 Yield Act of 1960 (16 U.S.C. 528 et seq.). 3 (3) APPLICABILITY OF WAIVER TO SUCCESSOR 4 LAWS.—If a provision of law specified in paragraph 5 (2) was repealed and incorporated into title 54, 6 United States Code, after April 1, 2008, and before 7 the date of the enactment of this Act, the waiver de- 8 scribed in paragraph (1) shall apply to the provision 9 of such title that corresponds to the provision of law 10 specified in paragraph (2) to the same extent the 11 waiver applied to that provision of law. 12 (d) PROTECTION OF LEGAL USES.—This section may 13 not be construed to provide— 14 (1) authority to restrict legal uses, such as 15 grazing, hunting, mining, or recreation or the use of 16 backcountry airstrips, on land under the jurisdiction 17 of the Secretary of the Interior or the Secretary of 18 Agriculture; or (2) any additional authority to restrict legal ac- 19 20 cess to such land. 21 (e) EFFECT ON STATE AND PRIVATE LAND.—This 22 section shall— (1) have no force or effect on State lands or 23 24 private lands; and g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 51 (2) not provide authority on or access to State 1 2 lands or private lands. 3 (f) TRIBAL SOVEREIGNTY.—Nothing in this section 4 may be construed to supersede, replace, negate, or dimin5 ish treaties or other agreements between the United States 6 and Indian tribes. (g) DEFINITIONS.—In this section: 7 (1) COVERED 8 term ‘‘cov- 9 ered Federal land’’ includes all land under the con- 10 trol of the Secretary concerned that is located within 11 100 miles of the southern border or the northern 12 border. (2) SECRETARY 13 CONCERNED.—The term ‘‘Sec- retary concerned’’ means— 14 15 (A) with respect to land under the jurisdic- 16 tion of the Department of Agriculture, the Sec- 17 retary of Agriculture; and 18 (B) with respect to land under the jurisdic- 19 tion of the Department of the Interior, the Sec- 20 retary of the Interior. 21 SEC. 121. LANDOWNER AND RANCHER SECURITY ENHANCE- 22 MENT. (a) ESTABLISHMENT 23 24 RITY g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 FEDERAL LAND.—The 12:19 Sep 27, 2017 OF NATIONAL BORDER SECU- ADVISORY COMMITTEE.—The Secretary shall estab- Jkt 000000 (670659 18) PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 52 1 lish a National Border Security Advisory Committee, 2 which— 3 (1) may advise, consult with, report to, and 4 make recommendations to the Secretary on matters 5 relating to border security matters, including— 6 (A) verifying security claims and the bor- 7 der security metrics established by the Depart- 8 ment of Homeland Security under section 1092 9 of the National Defense Authorization Act for 10 Fiscal Year 2017 (Public Law 114–328; 6 11 U.S.C. 223); and 12 (B) discussing ways to improve the secu- 13 rity of high traffic areas along the northern 14 border and the southern border; and 15 (2) may provide, through the Secretary, rec- 16 ommendations to Congress. 17 (b) CONSIDERATION OF VIEWS.—The Secretary shall 18 consider the information, advice, and recommendations of 19 the National Border Security Advisory Committee in for20 mulating policy regarding matters affecting border secu21 rity. 22 (c) MEMBERSHIP.—The National Border Security 23 Advisory Committee shall consist of at least one member 24 from each State who— g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 53 (1) has at least five years practical experience 1 in border security operations; or 2 3 (2) lives and works in the United States within 4 80 miles from the southern border or the northern 5 border. 6 (d) NONAPPLICABILITY OF FEDERAL ADVISORY 7 COMMITTEE ACT.—The Federal Advisory Committee Act 8 (5 U.S.C. App.) shall not apply to the National Border 9 Security Advisory Committee. 10 SEC. 122. ERADICATION OF CARRIZO CANE AND SALT 11 CEDAR. Not later than January 20, 2021, the Secretary, after 12 13 coordinating with the heads of the relevant Federal, State, 14 and local agencies, shall begin eradicating the carrizo cane 15 plant and any salt cedar along the Rio Grande River. 16 SEC. 123. SOUTHERN BORDER THREAT ANALYSIS. 17 (a) THREAT ANALYSIS.— 18 (1) REQUIREMENT.—Not later than 180 days 19 after the date of the enactment of this Act, the Sec- 20 retary shall submit to the Committee on Homeland 21 Security of the House of Representatives and the 22 Committee on Homeland Security and Governmental 23 Affairs of the Senate a Southern border threat anal- 24 ysis. g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 54 (2) CONTENTS.—The analysis submitted under 1 2 paragraph (1) shall include an assessment of— 3 (A) current and potential terrorism and 4 criminal threats posed by individuals and orga- 5 nized groups seeking— (i) to unlawfully enter the United 6 States through the Southern border; or 7 (ii) to exploit security vulnerabilities 8 along the Southern border; 9 10 (B) improvements needed at and between 11 ports of entry along the Southern border to pre- 12 vent terrorists and instruments of terror from 13 entering the United States; 14 (C) gaps in law, policy, and coordination 15 between State, local, or tribal law enforcement, 16 international agreements, or tribal agreements 17 that hinder effective and efficient border secu- 18 rity, counterterrorism, and anti-human smug- 19 gling and trafficking efforts; 20 (D) the current percentage of situational 21 awareness achieved by the Department along 22 the Southern border; 23 (E) the current percentage of operational 24 control achieved by the Department on the 25 Southern border; and g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 55 1 (F) traveler crossing times and any poten- 2 tial security vulnerability associated with pro- 3 longed wait times. 4 (3) ANALYSIS compiling 5 the Southern border threat analysis required under 6 this subsection, the Secretary shall consider and ex- 7 amine— 8 (A) the technology needs and challenges, 9 including such needs and challenges identified 10 as a result of previous investments that have 11 not fully realized the security and operational 12 benefits that were sought; 13 (B) the personnel needs and challenges, in- 14 cluding such needs and challenges associated 15 with recruitment and hiring; (C) the infrastructure needs and chal- 16 lenges; 17 18 (D) the roles and authorities of State, 19 local, and tribal law enforcement in general bor- 20 der security activities; 21 (E) the status of coordination among Fed- 22 eral, State, local, tribal, and Mexican law en- 23 forcement entities relating to border security; (F) the terrain, population density, and cli- 24 mate along the Southern border; and 25 g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 REQUIREMENTS.—In 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 56 1 (G) the international agreements between 2 the United States and Mexico related to border 3 security. 4 (4) CLASSIFIED the extent possible, 5 the Secretary shall submit the Southern border 6 threat analysis required under this subsection in un- 7 classified form, but may submit a portion of the 8 threat analysis in classified form if the Secretary de- 9 termines such action is appropriate. 10 (b) U.S. BORDER PATROL STRATEGIC PLAN.— (1) IN 11 GENERAL.—Not later than 180 days 12 after the submission of the threat analysis required 13 under subsection (a) or June 30, 2018, and every 14 five years thereafter, the Secretary, acting through 15 the Chief of the U.S. Border Patrol, shall issue a 16 Border Patrol Strategic Plan. 17 (2) CONTENTS.—The Border Patrol Strategic 18 Plan required under this subsection shall include a 19 consideration of— 20 (A) the Southern border threat analysis re- 21 quired under subsection (a), with an emphasis 22 on efforts to mitigate threats identified in such 23 threat analysis; 24 (B) efforts to analyze and disseminate bor- 25 der security and border threat information be- g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 FORM.—To 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 57 1 tween border security components of the De- 2 partment and other appropriate Federal depart- 3 ments and agencies with missions associated 4 with the Southern border; (C) efforts to increase situational aware- 5 ness, including— 6 7 (i) surveillance capabilities, including 8 capabilities developed or utilized by the 9 Department of Defense, and any appro- 10 priate technology determined to be excess 11 by the Department of Defense; and 12 (ii) the use of manned aircraft and 13 unmanned aerial systems, including cam- 14 era and sensor technology deployed on 15 such assets; 16 (D) efforts to detect and prevent terrorists 17 and instruments of terrorism from entering the 18 United States; 19 (E) efforts to detect, interdict, and disrupt 20 aliens and illicit drugs at the earliest possible 21 point; 22 (F) efforts to focus intelligence collection 23 to disrupt transnational criminal organizations 24 outside of the international and maritime bor- 25 ders of the United States; g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 58 1 (G) efforts to ensure that any new border 2 security technology can be operationally inte- 3 grated with existing technologies in use by the 4 Department; 5 (H) any technology required to maintain, 6 support, and enhance security and facilitate 7 trade at ports of entry, including nonintrusive 8 detection equipment, radiation detection equip- 9 ment, biometric technology, surveillance sys- 10 tems, and other sensors and technology that the 11 Secretary determines to be necessary; 12 (I) operational coordination unity of effort 13 initiatives of the border security components of 14 the Department, including any relevant task 15 forces of the Department; (J) 16 learned from Operation Jumpstart and Operation Phalanx; 17 18 (K) cooperative agreements and informa- 19 tion sharing with State, local, tribal, territorial, 20 and other Federal law enforcement agencies 21 that have jurisdiction on the Northern border 22 or the Southern border; 23 (L) border security information received 24 from consultation with State, local, tribal, terri- 25 torial, and Federal law enforcement agencies g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 lessons 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 59 1 that have jurisdiction on the Northern border 2 or the Southern border, or in the maritime en- 3 vironment, and from border community stake- 4 holders (including through public meetings with 5 such stakeholders), including representatives 6 from border agricultural and ranching organiza- 7 tions and representatives from business and 8 civic organizations along the Northern border 9 or the Southern border; (M) staffing requirements for all depart- 10 mental border security functions; 11 12 (N) a prioritized list of departmental re- 13 search and development objectives to enhance 14 the security of the Southern border; (O) an assessment of training programs, 15 including training programs for— 16 (i) identifying and detecting fraudu- 17 lent documents; 18 19 (ii) understanding the scope of en- 20 forcement authorities and the use of force 21 policies; and 22 (iii) screening, identifying, and ad- 23 dressing vulnerable populations, such as 24 children and victims of human trafficking; 25 and g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 60 (P) an assessment of how border security 1 2 operations affect border crossing times. 3 SEC. 124. AMENDMENTS TO U.S. CUSTOMS AND BORDER 4 PROTECTION. (a) DUTIES.—Subsection (c) of section 411 of the 5 6 Homeland Security Act of 2002 (6 U.S.C. 211) is amend7 ed— (1) in paragraph (17), by striking ‘‘and’’ after 8 9 the semicolon at the end; (2) by redesignating paragraph (18) as para- 10 11 graph (20); and (3) by inserting after paragraph (17) the fol- 12 13 lowing new paragraphs: 14 ‘‘(18) administer the U.S. Customs and Border 15 Protection public private partnerships under subtitle 16 G; 17 ‘‘(19) administer preclearance operations under 18 the Preclearance Authorization Act of 2015 (19 19 U.S.C. 4431 et seq.; enacted as subtitle B of title 20 VIII of the Trade Facilitation and Trade Enforce- 21 ment Act of 2015; 19 U.S.C. 4301 et seq.); and’’. 22 (b) OFFICE OF FIELD OPERATIONS STAFFING.— 23 Subparagraph (A) of section 411(g)(5) of the Homeland 24 Security Act of 2002 (6 U.S.C. 211(g)(5)) is amended by 25 inserting before the period at the end the following: ‘‘com- g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 61 1 pared to the number indicated by the current fiscal year 2 work flow staffing model’’. (c) IMPLEMENTATION PLAN.—Subparagraph (B) of 3 4 section 814(e)(1) of the Preclearance Authorization Act 5 of 2015 (19 U.S.C. 4433(e)(1); enacted as subtitle B of 6 title VIII of the Trade Facilitation and Trade Enforce7 ment Act of 2015; 19 U.S.C. 4301 et seq.) is amended 8 to read as follows: 9 ‘‘(B) a port of entry vacancy rate which 10 compares the number of officers identified in 11 subparagraph (A) with the number of officers 12 at the port at which such officer is currently as- 13 signed.’’. 14 Subtitle B—Personnel 15 SEC. 131. ADDITIONAL U.S. CUSTOMS AND BORDER PRO- 16 17 TECTION AGENTS AND OFFICERS. (a) BORDER PATROL AGENTS.—Not later than Sep- 18 tember 30, 2021, the Commissioner of U.S. Customs and 19 Border Protection shall hire, train, and assign sufficient 20 agents to maintain an active duty presence of not fewer 21 than 26,370 full-time equivalent agents. 22 (b) CBP OFFICERS.—In addition to positions author- 23 ized before the date of the enactment of this Act and any 24 existing officer vacancies within U.S. Customs and Border 25 Protection as of such date, the Commissioner shall hire, g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 62 1 train, and assign to duty, not later than September 30, 2 2021— 3 (1) sufficient U.S. Customs and Border Protec- 4 tion officers to maintain an active duty presence of 5 not fewer than 27,725 full-time equivalent officers; 6 and (2) 350 full-time support staff distributed 7 8 among all United States ports of entry. 9 (c) AIR AND MARINE OPERATIONS.—Not later than 10 September 30, 2021, the Commissioner of U.S. Customs 11 and Border Protection shall hire, train, and assign suffi12 cient agents for Air and Marine Operations of U.S. Cus13 toms and Border Protection to maintain not fewer than 14 1,675 full-time equivalent agents and not fewer than 264 15 Marine and Air Interdiction Agents for southern border 16 air and maritime operations. 17 (d) U.S. CUSTOMS AND BORDER PROTECTION K–9 18 UNITS AND HANDLERS.— (1) K–9 19 later than September 30, 20 2021, the Commissioner shall deploy not fewer than 21 300 new K–9 units, with supporting officers of U.S. 22 Customs and Border Protection and other required 23 staff, at land ports of entry and checkpoints, on the 24 southern border and the northern border. g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 UNITS.—Not 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 63 (2) USE 1 OF CANINES.—The Commissioner shall 2 prioritize the use of canines at the primary inspec- 3 tion lanes at land ports of entry and checkpoints. 4 (e) U.S. CUSTOMS AND BORDER PROTECTION 5 HORSEBACK UNITS.— 6 (1) INCREASE.—Not later than September 30, 7 2021, the Commissioner shall increase the number 8 of horseback units, with supporting officers of U.S. 9 Customs and Border Protection and other required 10 staff, by not fewer than 100 officers and 50 horses 11 for security patrol along the Southern border. (2) FUNDING 12 LIMITATION.—Of the amounts 13 authorized to be appropriated for U.S. Customs and 14 Border Protection under this Act, not more than one 15 percent may be used for the purchase of additional 16 horses, the construction of new stables, maintenance 17 and improvements of existing stables, and for feed, 18 medicine, and other resources needed to maintain 19 the health and well-being of the horses that serve in 20 the horseback units. 21 (f) U.S. CUSTOMS 22 SEARCH TRAUMA AND AND BORDER PROTECTION RESCUE TEAMS.—Not later than 23 September 30, 2021, the Commissioner shall increase by 24 not fewer than 50 the number of officers engaged in 25 search and rescue activities along the southern border. g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 64 (g) U.S. CUSTOMS 1 2 DETECTION NEL AND AND BORDER PROTECTION TUN- TECHNOLOGY PROGRAM.—Not 3 later than September 30, 2021, the Commissioner shall 4 increase by not fewer than 50 the number of officers as5 sisting task forces and activities related to deployment and 6 operation of border tunnel detection technology and appre7 hensions of individuals using such tunnels for crossing 8 into the United States, drug trafficking, or human smug9 gling. (h) AGRICULTURAL SPECIALISTS.—Not later than 10 11 September 30, 2021, the Secretary shall hire, train, and 12 assign to duty, in addition to the officers and agents au13 thorized under subsections (a) through (g), 631 U.S. Cus14 toms and Border Protection agricultural specialists to 15 ports of entry along the southern border and the northern 16 border. (i) GAO REPORT.—If the staffing levels required 17 18 under this section are not achieved by September 30, 19 2021, the Comptroller General of the United States shall 20 conduct a review of the reasons why such levels were not 21 achieved. 22 SEC. 132. U.S. CUSTOMS AND BORDER PROTECTION RETEN- 23 TION INCENTIVES. 24 (a) DEFINITIONS.—In this section: g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 65 (1) COVERED 1 term ‘‘covered area’’ 2 means a geographic area that the Secretary deter- 3 mines is in a remote location or is an area for which 4 it is difficult to find full-time permanent covered 5 CBP employees, as compared to other ports of entry 6 or Border Patrol sectors. (2) COVERED 7 CBP EMPLOYEE.—The term ‘‘cov- 8 ered CBP employee’’ means an employee of U.S. 9 Customs and Border Protection performing activities 10 that are critical to border security or customs en- 11 forcement, as determined by the Commissioner. (3) RATE 12 13 OF BASIC PAY.—The term ‘‘rate of basic pay’’— 14 (A) means the rate of pay fixed by law or 15 administrative action for the position to which 16 an employee is appointed before deductions and 17 including any special rate under subpart C of 18 part 530 of title 5, Code of Federal Regula- 19 tions, or similar payment under other legal au- 20 thority, and any locality-based comparability 21 payment under subpart F of part 531 of title 22 5, Code of Federal Regulations, or similar pay- 23 ment under other legal authority, but excluding 24 additional pay of any other kind; and g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 AREA.—The 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 66 (B) does not include additional pay, such 1 2 as 3 5343(f) of title 5, United States Code, or envi- 4 ronmental 5 5343(c)(4) of such title. 6 (4) SPECIAL shift differentials differentials under under RATE OF PAY.—The section section term ‘‘special 7 rate of pay’’ means a higher than normal rate of pay 8 that exceeds the otherwise applicable rate of basic 9 pay for a similar covered CBP employee at a land 10 port of entry. 11 (b) HIRING INCENTIVES.— (1) IN 12 GENERAL.—To the extent necessary for 13 U.S. Customs and Border Protection to hire, train, 14 and deploy qualified officers and employees, and to 15 the extent necessary to meet the requirements set 16 forth in section 131, the Commissioner, with the ap- 17 proval of the Secretary, may pay a hiring bonus of 18 $10,000 to a covered CBP employee, after the cov- 19 ered CBP completes initial basic training and exe- 20 cutes a written agreement required under paragraph 21 (2). (2) WRITTEN 22 AGREEMENT.—The payment of a 23 hiring bonus to a covered CBP employee under 24 paragraph (1) is contingent upon the covered CBP 25 employee entering into a written agreement with g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 night 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 67 1 U.S. Customs and Border Protection to complete 2 more than two years of employment with U.S. Cus- 3 toms and Border Protection beginning on the date 4 on which the agreement is signed. Such agreement 5 shall include— 6 (A) the amount of the hiring bonus; 7 (B) the conditions under which the agree- 8 ment may be terminated before the required pe- 9 riod of service is completed and the effect of such termination; 10 (C) the length of the required service pe- 11 riod; and 12 13 (D) any other terms and conditions under 14 which the hiring bonus is payable, subject to 15 the requirements under this section. 16 (3) FORM signing bonus paid 17 to a covered CBP employee under paragraph (1) 18 shall be paid in a single payment after the covered 19 CBP employee completes initial basic training and 20 enters on duty and executed the agreement under 21 paragraph (2). (4) EXCLUSION 22 OF SIGNING BONUS FROM RATE 23 OF PAY.—A 24 employee under paragraph (1) shall not be consid- g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 OF PAYMENT.—A 12:19 Sep 27, 2017 Jkt 000000 signing bonus paid to a covered CBP (670659 18) PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 68 1 ered part of the rate of basic pay of the covered 2 CBP employee for any purpose. (5) EFFECTIVE 3 sub- 4 section shall take effect on the date of the enactment 5 of this Act and shall remain in effect until the ear- 6 lier of— 7 (A) September 30, 2019; or 8 (B) the date on which U.S. Customs and 9 Border Protection has 26,370 full-time equivalent agents. 10 11 (c) RETENTION INCENTIVES.— (1) IN 12 GENERAL.—To the extent necessary for 13 U.S. Customs and Border Protection to retain quali- 14 fied employees, and to the extent necessary to meet 15 the requirements set forth in section 131, the Com- 16 missioner, with the approval of the Secretary, may 17 pay a retention incentive to a covered CBP employee 18 who has been employed with U.S. Customs and Bor- 19 der Protection for a period of longer than two con- 20 secutive years, and the Commissioner determines 21 that, in the absence of the retention incentive, the 22 covered CBP employee would likely— (A) leave the Federal service; or 23 g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 DATE AND SUNSET.—This 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 69 1 (B) transfer to, or be hired into, a dif- 2 ferent position within the Department (other 3 than another position in CBP). 4 (2) WRITTEN payment of a 5 retention incentive to a covered CBP employee under 6 paragraph (1) is contingent upon the covered CBP 7 employee entering into a written agreement with 8 U.S. Customs and Border Protection to complete 9 more than two years of employment with U.S. Cus- 10 toms and Border Protection beginning on the date 11 on which the CBP employee enters on duty and the 12 agreement is signed. Such agreement shall include— 13 (A) the amount of the retention incentive; 14 (B) the conditions under which the agree- 15 ment may be terminated before the required pe- 16 riod of service is completed and the effect of 17 such termination; (C) the length of the required service pe- 18 riod; and 19 20 (D) any other terms and conditions under 21 which the retention incentive is payable, subject 22 to the requirements under this section. 23 (3) CRITERIA.—When determining the amount 24 of a retention incentive paid to a covered CBP em- g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 AGREEMENT.—The 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 70 1 ployee under paragraph (1), the Commissioner shall 2 consider— (A) the length of the Federal service and 3 experience of the covered CBP employee; 4 (B) the salaries for law enforcement offi- 5 cers in other Federal agencies; and 6 7 (C) the costs of replacing the covered CBP 8 employee, including the costs of training a new 9 employee. (4) AMOUNT 10 re- 11 tention incentive paid to a covered CBP employee 12 under paragraph (1)— (A) shall be approved by the Secretary and 13 the Commissioner; 14 15 (B) shall be stated as a percentage of the 16 employee’s rate of basic pay for the service pe- 17 riod associated with the incentive; and (C) may not exceed $25,000 for each year 18 19 of the written agreement. 20 (5) FORM OF PAYMENT.—A retention incentive 21 paid to a covered CBP employee under paragraph 22 (1) shall be paid as a single payment at the end of 23 the fiscal year in which the covered CBP employee 24 entered into an agreement under paragraph (2), or g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 OF RETENTION INCENTIVE.—A 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 71 1 in equal installments during the life of the service 2 agreement, as determined by the Commissioner. (6) EXCLUSION 3 OF RETENTION INCENTIVE 4 FROM RATE OF PAY.—A 5 a covered CBP employee under paragraph (1) shall 6 not be considered part of the rate of basic pay of the 7 covered CBP employee for any purpose. 8 (d) PILOT PROGRAM ON retention incentive paid to SPECIAL RATES OF PAY IN 9 COVERED AREAS.— (1) IN 10 Commissioner may es- 11 tablish a pilot program to assess the feasibility and 12 advisability of using special rates of pay for covered 13 CBP employees in covered areas, as designated on 14 the date of the enactment of this Act, to help meet 15 the requirements set forth in section 131. (2) MAXIMUM 16 AMOUNT.—The rate of basic pay 17 of a covered CBP employee paid a special rate of 18 pay under the pilot program may not exceed 125 19 percent of the otherwise applicable rate of basic pay 20 of the covered CBP employee. 21 (3) TERMINATION.— (A) IN 22 GENERAL.—Except as provided in 23 subparagraph (B), the pilot program shall ter- 24 minate on the date that is two years after the 25 date of the enactment of this Act. g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 GENERAL.—The 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 72 1 (B) EXTENSION.—If the Secretary deter- 2 mines that the pilot program is performing sat- 3 isfactorily and there are metrics that prove its 4 success in meeting the requirements set forth in 5 section 131, the Secretary may extend the pilot 6 program until the date that is four years after 7 the date of the enactment of this Act. 8 (4) REPORT after the 9 pilot program terminates under paragraph (3), the 10 Commissioner shall submit a report to the Com- 11 mittee on Homeland Security and Governmental Af- 12 fairs of the Senate, the Committee on the Judiciary 13 of the Senate, the Committee on Homeland Security 14 of the House of Representatives, and the Committee 15 on the Judiciary of the House of Representatives 16 that details— (A) the total amount paid to covered CBP 17 employees under the pilot program; and 18 (B) the covered areas in which the pilot 19 program was implemented. 20 21 (e) SALARIES.— 22 (1) IN GENERAL.—Section 101(b) of the En- 23 hanced Border Security and Visa Entry Reform Act 24 of 2002 (8 U.S.C. 1711(b)) is amended to read as 25 follows: g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 TO CONGRESS.—Shortly 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 73 1 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS FOR CBP 2 EMPLOYEES.—There are authorized to be appropriated to 3 U.S. Customs and Border Protection such sums as may 4 be necessary to increase, effective January 1, 2018, the 5 annual rate of basic pay for U.S. Customs and Border 6 Protection employees who have completed at least one year 7 of service— 8 ‘‘(1) to the annual rate of basic pay payable for 9 positions at GS–12, step 1 of the General Schedule 10 under subchapter III of chapter 53 of title 5, United 11 States Code, for officers and agents who are receiv- 12 ing the annual rate of basic pay payable for a posi- 13 tion at GS–5, GS–6, GS–7, GS–8, or GS–9 of the 14 General Schedule; 15 ‘‘(2) to the annual rate of basic pay payable for 16 positions at GS–12, step 10 of the General Schedule 17 under such subchapter for supervisory CBP officers 18 and supervisory agents who are receiving the annual 19 rate of pay payable for a position at GS–10 of the 20 General Schedule; 21 ‘‘(3) to the annual rate of basic pay payable for 22 positions at GS–14, step 1 of the General Schedule 23 under such subchapter for supervisory CBP officers 24 and supervisory agents who are receiving the annual g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 74 1 rate of pay payable for a position at GS–11 of the 2 General Schedule; 3 ‘‘(4) to the annual rate of basic pay payable for 4 positions at GS–12, step 10 of the General Schedule 5 under such subchapter for supervisory CBP officers 6 and supervisory Border Patrol agents who are re- 7 ceiving the annual rate of pay payable for a position 8 at GS–12 or GS–13 of the General Schedule; and 9 ‘‘(5) to the annual rate of basic pay payable for 10 positions at GS–8, GS–9, or GS–10 of the General 11 Schedule for assistants who are receiving an annual 12 rate of pay payable for positions at GS–5, GS–6, or 13 GS–7 of the General Schedule, respectively.’’. (2) HARDSHIP 14 addition to com- 15 pensation to which Border Patrol agents are other- 16 wise entitled, Border Patrol agents who are assigned 17 to rural areas shall be entitled to receive hardship 18 duty pay, in lieu of a retention incentive under sub- 19 section (b), in an amount determined by the Com- 20 missioner, which may not exceed the rate of special 21 pay to which members of a uniformed service are en- 22 titled under section 310 of title 37, United States 23 Code. (3) OVERTIME 24 25 12:19 Sep 27, 2017 LIMITATION.—Section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 267(c)(1)) g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 DUTY PAY.—In Jkt 000000 (670659 18) PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 75 1 is amended by striking ‘‘$25,000’’ and inserting 2 ‘‘$45,000’’. 3 SEC. 133. ANTI-BORDER CORRUPTION REAUTHORIZATION 4 5 ACT. (a) SHORT TITLE.—This section may be cited as the 6 ‘‘Anti-Border Corruption Reauthorization Act of 2017’’. 7 (b) HIRING FLEXIBILITY.—Section 3 of the Anti- 8 Border Corruption Act of 2010 (6 U.S.C. 221) is amended 9 by striking subsection (b) and inserting the following new 10 subsections: 11 ‘‘(b) WAIVER AUTHORITY.—The Commissioner of 12 U.S. Customs and Border Protection may waive the appli13 cation of subsection (a)(1)— 14 ‘‘(1) to a current, full-time law enforcement of- 15 ficer employed by a State or local law enforcement 16 agency who— 17 ‘‘(A) has continuously served as a law en- 18 forcement officer for not fewer than three 19 years; 20 ‘‘(B) is authorized by law to engage in or 21 supervise the prevention, detection, investiga- 22 tion, or prosecution of, or the incarceration of 23 any person for, any violation of law, and has 24 statutory powers for arrest or apprehension; g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 76 1 ‘‘(C) is not currently under investigation, 2 has not been found to have engaged in criminal 3 activity or serious misconduct, has not resigned 4 from a law enforcement officer position under 5 investigation or in lieu of termination, and has 6 not been dismissed from a law enforcement offi- 7 cer position; and 8 ‘‘(D) has, within the past ten years, suc- 9 cessfully completed a polygraph examination as 10 a condition of employment with such officer’s 11 current law enforcement agency; 12 ‘‘(2) to a current, full-time Federal law enforce- 13 ment officer who— 14 ‘‘(A) has continuously served as a law en- 15 forcement officer for not fewer than three 16 years; 17 ‘‘(B) is authorized to make arrests, con- 18 duct investigations, conduct searches, make sei- 19 zures, carry firearms, and serve orders, war- 20 rants, and other processes; 21 ‘‘(C) is not currently under investigation, 22 has not been found to have engaged in criminal 23 activity or serious misconduct, has not resigned 24 from a law enforcement officer position under 25 investigation or in lieu of termination, and has g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 77 1 not been dismissed from a law enforcement offi- 2 cer position; and 3 ‘‘(D) holds a current Tier 4 background 4 investigation or current Tier 5 background in- 5 vestigation; and 6 ‘‘(3) to a member of the Armed Forces (or a re- 7 serve component thereof) or a veteran, if such indi- 8 vidual— ‘‘(A) has served in the Armed Forces for 9 not fewer than three years; 10 11 ‘‘(B) holds, or has held within the past five 12 years, a Secret, Top Secret, or Top Secret/Sen- 13 sitive Compartmented Information clearance; 14 ‘‘(C) holds, or has undergone within the 15 past five years, a current Tier 4 background in- 16 vestigation or current Tier 5 background inves- 17 tigation; 18 ‘‘(D) received, or is eligible to receive, an 19 honorable discharge from service in the Armed 20 Forces and has not engaged in criminal activity 21 or committed a serious military or civil offense 22 under the Uniform Code of Military Justice; 23 and g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 78 1 ‘‘(E) was not granted any waivers to ob- 2 tain the clearance referred to subparagraph 3 (B). ‘‘(c) TERMINATION 4 OF WAIVER AUTHORITY.—The 5 authority to issue a waiver under subsection (b) shall ter6 minate on the date that is four years after the date of 7 the enactment of the Border Security for America Act of 8 2017.’’. (c) SUPPLEMENTAL COMMISSIONER AUTHORITY 9 AND 10 DEFINITIONS.— (1) SUPPLEMENTAL 11 COMMISSIONER AUTHOR- 12 ITY.—Section 13 of 2010 is amended to read as follows: 14 4 of the Anti-Border Corruption Act ‘‘SEC. 4. SUPPLEMENTAL COMMISSIONER AUTHORITY. 15 ‘‘(a) NON-EXEMPTION.—An individual who receives a 16 waiver under section 3(b) is not exempt from other hiring 17 requirements relating to suitability for employment and 18 eligibility to hold a national security designated position, 19 as determined by the Commissioner of U.S. Customs and 20 Border Protection. 21 ‘‘(b) BACKGROUND INVESTIGATIONS.—Any indi- 22 vidual who receives a waiver under section 3(b) who holds 23 a current Tier 4 background investigation shall be subject 24 to a Tier 5 background investigation. g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 79 ‘‘(c) ADMINISTRATION 1 2 TION.—The OF POLYGRAPH EXAMINA- Commissioner of U.S. Customs and Border 3 Protection is authorized to administer a polygraph exam4 ination to an applicant or employee who is eligible for or 5 receives a waiver under section 3(b) if information is dis6 covered before the completion of a background investiga7 tion that results in a determination that a polygraph ex8 amination is necessary to make a final determination re9 garding suitability for employment or continued employ10 ment, as the case may be.’’. 11 (2) REPORT.—The Anti-Border Corruption Act 12 of 2010, as amended by paragraph (1), is further 13 amended by adding at the end the following new sec- 14 tion: 15 ‘‘SEC. 5. REPORTING. 16 ‘‘(a) ANNUAL REPORT.—Not later than one year 17 after the date of the enactment of this section and annu18 ally thereafter while the waiver authority under section 19 3(b) is in effect, the Commissioner of U.S. Customs and 20 Border Protection shall submit to Congress a report that 21 includes, with respect to each such reporting period— ‘‘(1) the number of waivers requested, granted, 22 23 and denied under section 3(b); ‘‘(2) the reasons for any denials of such waiver; 24 g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 80 ‘‘(3) the percentage of applicants who were 1 2 hired after receiving a waiver; 3 ‘‘(4) the number of instances that a polygraph 4 was administered to an applicant who initially re- 5 ceived a waiver and the results of such polygraph; 6 ‘‘(5) an assessment of the current impact of the 7 polygraph waiver program on filling law enforcement 8 positions at U.S. Customs and Border Protection; 9 and 10 ‘‘(6) additional authorities needed by U.S. Cus- 11 toms and Border Protection to better utilize the 12 polygraph waiver program for its intended goals. 13 ‘‘(b) ADDITIONAL INFORMATION.—The first report 14 submitted under subsection (a) shall include— 15 ‘‘(1) an analysis of other methods of employ- 16 ment suitability tests that detect deception and could 17 be used in conjunction with traditional background 18 investigations to evaluate potential employees for 19 suitability; and 20 ‘‘(2) a recommendation regarding whether a 21 test referred to in paragraph (1) should be adopted 22 by U.S. Customs and Border Protection when the 23 polygraph examination requirement is waived pursu- 24 ant to section 3(b).’’. g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 81 1 (3) DEFINITIONS.—The Anti-Border Corrup- 2 tion Act of 2010, as amended by paragraphs (1) and 3 (2), is further amended by adding at the end the fol- 4 lowing new section: 5 ‘‘SEC. 6. DEFINITIONS. 6 ‘‘In this Act: ‘‘(1) FEDERAL 7 8 The term ‘Federal law enforcement officer’ means a 9 ‘law enforcement officer’ defined in section 8331(20) 10 or 8401(17) of title 5, United States Code. ‘‘(2) SERIOUS 11 MILITARY OR CIVIL OFFENSE.— 12 The term ‘serious military or civil offense’ means an 13 offense for which— 14 ‘‘(A) a member of the Armed Forces may 15 be discharged or separated from service in the 16 Armed Forces; and 17 ‘‘(B) a punitive discharge is, or would be, 18 authorized for the same or a closely related of- 19 fense under the Manual for Court-Martial, as 20 pursuant to Army Regulation 635-200 chapter 21 14–12. 22 ‘‘(3) TIER 4; TIER 5.—The terms ‘Tier 4’ and 23 ‘Tier 5’ with respect to background investigations 24 have the meaning given such terms under the 2012 25 Federal Investigative Standards. g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 LAW ENFORCEMENT OFFICER.— 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 82 1 ‘‘(4) VETERAN.—The term ‘veteran’ has the 2 meaning given such term in section 101(2) of title 3 38, United States Code.’’. 4 (d) POLYGRAPH EXAMINERS.—Not later than Sep- 5 tember 30, 2021, the Secretary shall increase to not fewer 6 than 150 the number of trained full-time equivalent poly7 graph examiners for administering polygraphs under the 8 Anti-Border Corruption Act of 2010, as amended by this 9 subtitle. Subtitle C—Grants 10 11 SEC. 141. OPERATION STONEGARDEN. (a) IN GENERAL.—Subtitle A of title XX of the 12 13 Homeland Security Act of 2002 (6 U.S.C. 601 et seq.) 14 is amended by adding at the end the following new section: 15 ‘‘SEC. 2009. OPERATION STONEGARDEN. ‘‘(a) ESTABLISHMENT.—There is established in the 16 17 Department a program to be known as ‘Operation 18 Stonegarden’, under which the Secretary, acting through 19 the Administrator, shall make grants to eligible law en20 forcement agencies, through the State administrative 21 agency, to enhance border security in accordance with this 22 section. ‘‘(b) ELIGIBLE RECIPIENTS.—To be eligible to re- 23 24 ceive a grant under this section, a law enforcement agen25 cy— g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 83 ‘‘(1) shall be located in— 1 ‘‘(A) a State bordering Canada or Mexico; 2 or 3 ‘‘(B) a State or territory with a maritime 4 5 border; and 6 ‘‘(2) shall be involved in an active, ongoing, 7 U.S. Customs and Border Protection operation co- 8 ordinated through a U.S. Border Patrol sector of- 9 fice. 10 ‘‘(c) PERMITTED USES.—The recipient of a grant 11 under this section may use such grant for— ‘‘(1) equipment, including maintenance and 12 13 sustainment costs; 14 ‘‘(2) personnel, including overtime and backfill, 15 in support of enhanced border law enforcement ac- 16 tivities; 17 ‘‘(3) any activity permitted for Operation 18 Stonegarden under the Department of Homeland 19 Security’s Fiscal Year 2017 Homeland Security 20 Grant Program Notice of Funding Opportunity; and 21 ‘‘(4) any other appropriate activity, as deter- 22 mined by the Administrator, in consultation with the 23 Commissioner of U.S. Customs and Border Protec- 24 tion. g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 84 ‘‘(d) PERIOD 1 OF PERFORMANCE.—The Secretary 2 shall award grants under this section to grant recipients 3 for a period of not less than 36 months. ‘‘(e) REPORT.—For each of the fiscal years 2018 4 5 through 2022, the Administrator shall submit to the Com6 mittee on Homeland Security and Governmental Affairs 7 of the Senate and the Committee on Homeland Security 8 of the House of Representatives a report that contains in9 formation on the expenditure of grants made under this 10 section by each grant recipient. ‘‘(f) AUTHORIZATION 11 OF APPROPRIATIONS.—There 12 is authorized to be appropriated $110,000,000 for each 13 of the fiscal years 2018 through 2022 for grants under 14 this section.’’. (b) CONFORMING AMENDMENT.—Subsection (a) of 15 16 section 2002 of the Homeland Security Act of 2002 (6 17 U.S.C. 603) is amended to read as follows: ‘‘(a) GRANTS AUTHORIZED.—The Secretary, through 18 19 the Administrator, may award grants under sections 2003, 20 2004, and 2009 to State, local, and tribal governments, 21 as appropriate.’’. (c) CLERICAL AMENDMENT.—The table of contents 22 23 in section 1(b) of the Homeland Security Act of 2002 is 24 amended by inserting after the item relating to section 25 2008 the following: ‘‘Sec. 2009. Operation Stonegarden.’’. g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00084 Fmt 6652 Sfmt 6211 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 85 Subtitle D—Authorization of Appropriations 1 2 3 SEC. 151. AUTHORIZATION OF APPROPRIATIONS. In addition to amounts otherwise authorized to be ap- 4 5 propriated, there are authorized to be appropriated for 6 each of the fiscal years 2018 through 2021, 7 $2,500,000,000 to implement this title and the amend8 ments made by this title, of which— 9 (1) $10,000,000 shall be used by the Depart- 10 ment of Homeland Security to implement Vehicle 11 and Dismount Exploitation Radars (VADER) in 12 border security operations; (2) $200,000,000 shall be used by the Depart- 13 ment of State to implement section 119; and 14 15 (3) $200,000,000 shall be used by the United 16 States Coast Guard to implement paragraph (18) of 17 section 113(a). 20 TITLE II—EMERGENCY PORT OF ENTRY PERSONNEL AND INFRASTRUCTURE FUNDING 21 SEC. 201. PORTS OF ENTRY INFRASTRUCTURE. 18 19 22 (a) ADDITIONAL PORTS OF ENTRY.— 23 (1) AUTHORITY.—The Secretary may construct 24 new ports of entry along the northern border and g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 86 1 southern border and determine the location of any 2 such new ports of entry. (2) CONSULTATION.— 3 (A) REQUIREMENT 4 TO CONSULT.—The 5 Secretary shall consult with the Secretary of 6 State, the Secretary of the Interior, the Sec- 7 retary of Agriculture, the Secretary of Trans- 8 portation, the Administrator of General Serv- 9 ices, and appropriate representatives of State 10 and local governments, and Indian tribes, and 11 property owners in the United States prior to 12 selecting a location for any new port con- 13 structed pursuant to paragraph (1). 14 (B) CONSIDERATIONS.—The purpose of 15 the consultations required by subparagraph (A) 16 shall be to minimize any negative impacts of 17 such a new port on the environment, culture, 18 commerce, and quality of life of the commu- 19 nities and residents located near such new port. (b) EXPANSION 20 21 UME AND MODERNIZATION SOUTHERN BORDER PORTS OF OF HIGH-VOL- ENTRY.—Not later 22 than September 30, 2021, the Secretary shall expand or 23 modernize the primary and secondary inspection lanes for 24 vehicle, cargo, and pedestrian inbound and outbound in25 spection lanes at ports of entry on the southern border, g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 87 1 as determined by the Secretary, for the purposes of reduc2 ing wait times and enhancing security, as determined by 3 the Secretary. 4 (c) PORT OF ENTRY PRIORITIZATION.—Prior to con- 5 structing any new ports of entry pursuant to subsection 6 (a), the Secretary shall complete the expansion and mod7 ernization of ports of entry pursuant to subsection (b) to 8 the extent practicable. 9 (d) NOTIFICATIONS.— (1) RELATING 10 11 later than 15 days after determining the location of 12 any new port of entry for construction pursuant to 13 subsection (a), the Secretary shall notify the Mem- 14 bers of Congress who represent the State or congres- 15 sional district in which such new port of entry will 16 be located, as well as the Committee on Homeland 17 Security and Governmental Affairs, the Committee 18 on Finance, and the Committee on the Judiciary of 19 the Senate, and the Committee on Homeland Secu- 20 rity, the Committee on Ways and Means, and the 21 Committee on the Judiciary of the House of Rep- 22 resentatives. Such notification shall include informa- 23 tion relating to the location of such new port of 24 entry, a description of the need for such new port 25 of entry and associated anticipated benefits, a de- g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 TO NEW PORTS OF ENTRY.—Not 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 88 1 scription of the consultations undertaken by the Sec- 2 retary pursuant to paragraph (2) of such subsection, 3 any actions that will be taken to minimize negative 4 impacts of such new port of entry, and the antici- 5 pated time-line for construction and completion of 6 such new port of entry. 7 (2) RELATING TO HIGH VOLUME.—Not later 8 than 180 days after enactment of this Act, the Sec- 9 retary shall notify the Committee on Homeland Se- 10 curity and Governmental Affairs, the Committee on 11 Finance, and the Committee on the Judiciary of the 12 Senate, and the Committee on Homeland Security, 13 the Committee on Ways and Means, and the Com- 14 mittee on the Judiciary of the House of Representa- 15 tives of the top ten high-volume ports of entry on 16 the southern border pursuant to subsection (b) and 17 the Secretary’s plan for expanding or modernizing 18 the primary and secondary inspection lanes at each 19 such port of entry. 20 SEC. 202. SECURE COMMUNICATIONS. 21 (a) IN GENERAL.—The Secretary shall ensure that 22 each U.S. Customs and Border Protection and U.S. Immi23 gration and Customs Enforcement officer or agent, if ap24 propriate, is equipped with a secure two-way communica- g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 89 1 tion device, supported by system interoperability, that al2 lows each such officer to communicate— (1) between ports of entry and inspection sta- 3 tions; and 4 (2) with other Federal, State, tribal, and local 5 6 law enforcement entities. 7 (b) LAND BORDER AGENTS AND OFFICERS.—The 8 Secretary shall ensure that each U.S. Customs and Border 9 Protection agent or officer assigned or required to patrol 10 on foot, by horseback, or with a canine unit, in remote 11 mission critical locations, and at border checkpoints, has 12 a multi- or dual-band encrypted portable radio. 13 SEC. 203. BORDER SECURITY DEPLOYMENT PROGRAM. (a) EXPANSION.—Not later than September 30, 14 15 2021, the Secretary shall fully implement the Border Se16 curity Deployment Program of the U.S. Customs and Bor17 der Protection and expand the integrated surveillance and 18 intrusion detection system at land ports of entry along the 19 southern border and the northern border. (b) AUTHORIZATION 20 OF APPROPRIATIONS.—In addi- 21 tion to amounts otherwise authorized to be appropriated 22 for such purpose, there is authorized to be appropriated 23 $33,000,000 for fiscal year 2018 to carry out subsection 24 (a). g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 90 1 SEC. 204. PILOT AND UPGRADE OF LICENSE PLATE READ- 2 3 ERS AT PORTS OF ENTRY. (a) UPGRADE.—Not later than one year after the 4 date of the enactment of this Act, the Commissioner of 5 U.S. Customs and Border Protection shall upgrade all ex6 isting license plate readers on the northern and southern 7 borders on incoming and outgoing vehicle lanes. 8 (b) PILOT PROGRAM.—Not later than 90 days after 9 the date of the enactment of this Act, the Commissioner 10 of U.S. Customs and Border Protection shall conduct a 11 one-month pilot program on the southern border using li12 cense plate readers for one to two cargo lanes at the top 13 three high-volume land ports of entry or checkpoints to 14 determine their effectiveness in reducing cross-border wait 15 times for commercial traffic and tractor-trailers. 16 (c) REPORT.—Not later than 180 days after the date 17 of the enactment of this Act, the Secretary shall report 18 to the Committee on Homeland Security and Govern19 mental Affairs, the Committee on the Judiciary, and the 20 Committee on Finance of the Senate, and the Committee 21 on Homeland Security, and Committee on the Judiciary, 22 and the Committee on Ways and Means of the House of 23 Representatives the results of the pilot program under 24 subsection (b) and make recommendations for imple25 menting use of such technology on the southern border. g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 91 (d) AUTHORIZATION 1 OF APPROPRIATIONS.—In addi- 2 tion to amounts otherwise authorized to be appropriated 3 for such purpose, there is authorized to be appropriated 4 $125,000,000 for fiscal year 2018 to carry out subsection 5 (a). 6 SEC. 205. BIOMETRIC EXIT DATA SYSTEM. (a) IN GENERAL.—Subtitle B of title IV of the 7 8 Homeland Security Act of 2002 (6 U.S.C. 211 et seq.) 9 is amended by inserting after section 417 the following 10 new section: 11 ‘‘SEC. 418. BIOMETRIC ENTRY-EXIT. 12 ‘‘(a) ESTABLISHMENT.—The Secretary shall— 13 ‘‘(1) not later than 180 days after the date of 14 the enactment of this section, submit to the Com- 15 mittee on Homeland Security and Governmental Af- 16 fairs and the Committee on the Judiciary of the 17 Senate and the Committee on Homeland Security 18 and the Committee on the Judiciary of the House of 19 Representatives an implementation plan to establish 20 a biometric exit data system to complete the inte- 21 grated biometric entry and exit data system required 22 under section 7208 of the Intelligence Reform and 23 Terrorism Prevention Act of 2004 (8 U.S.C. 1365b), 24 including— g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 92 1 ‘‘(A) an integrated master schedule and 2 cost estimate, including requirements and de- 3 sign, development, operational, and mainte- 4 nance costs of such a system, that takes into 5 account prior reports on such matters issued by 6 the Government Accountability Office and the 7 Department; 8 ‘‘(B) cost-effective staffing and personnel 9 requirements of such a system that leverages 10 existing resources of the Department that takes 11 into account prior reports on such matters 12 issued by the Government Accountability Office 13 and the Department; 14 ‘‘(C) a consideration of training programs 15 necessary to establish such a system that takes 16 into account prior reports on such matters 17 issued by the Government Accountability Office 18 and the Department; 19 ‘‘(D) a consideration of how such a system 20 will affect arrival and departure wait times that 21 takes into account prior reports on such matter 22 issued by the Government Accountability Office 23 and the Department; g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 93 1 ‘‘(E) information received after consulta- 2 tion with private sector stakeholders, including 3 the— 4 ‘‘(i) trucking industry; 5 ‘‘(ii) airport industry; 6 ‘‘(iii) airline industry; 7 ‘‘(iv) seaport industry; 8 ‘‘(v) travel industry; and 9 ‘‘(vi) biometric technology industry; 10 ‘‘(F) a consideration of how trusted trav- 11 eler programs in existence as of the date of the 12 enactment of this Act may be impacted by, or 13 incorporated into, such a system; ‘‘(G) defined metrics of success and mile- 14 stones; 15 ‘‘(H) identified risks and mitigation strate- 16 gies to address such risks; and 17 18 ‘‘(I) a consideration of how other countries 19 have implemented a biometric exit data system; 20 and 21 ‘‘(2) not later than two years after the date of 22 the enactment of this section, establish a biometric 23 exit data system at the— 24 ‘‘(A) 15 United States airports that sup- 25 port the highest volume of international air g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 94 1 travel, as determined by available Federal flight 2 data; 3 ‘‘(B) 10 United States seaports that sup- 4 port the highest volume of international sea 5 travel, as determined by available Federal travel 6 data; and 7 ‘‘(C) 15 United States land ports of entry 8 that support the highest volume of vehicle, pe- 9 destrian, and cargo crossings, as determined by available Federal border crossing data. 10 11 ‘‘(b) IMPLEMENTATION.— ‘‘(1) PILOT 12 AT NON-PEDESTRIAN LAND PORTS OF TRAF- 13 ENTRY 14 FIC.—Not 15 the enactment of this section, the Secretary, in col- 16 laboration with industry stakeholders, shall establish 17 a six-month pilot program to test the biometric exit 18 data system referred to in subsection (a)(2) on non- 19 pedestrian outbound traffic at not fewer than three 20 land ports of entry with significant cross-border traf- 21 fic, including at not fewer than two land ports of 22 entry on the southern land border and at least one 23 land port of entry on the northern land border. Such 24 pilot program may include a consideration of more g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 PROGRAM 12:19 Sep 27, 2017 Jkt 000000 FOR OUTBOUND later than six months after the date of (670659 18) PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 95 1 than one biometric mode, and shall be implemented 2 to determine the following: 3 ‘‘(A) How a nationwide implementation of 4 such biometric exit data system at land ports of 5 entry shall be carried out. ‘‘(B) The infrastructure required to carry 6 out subparagraph (A). 7 ‘‘(C) The effects of such pilot program on 8 legitimate travel and trade. 9 10 ‘‘(D) The effects of such pilot program on 11 wait times, including processing times, for such 12 non-pedestrian traffic. ‘‘(E) The effects of such pilot program on 13 combating terrorism. 14 15 ‘‘(F) The effects of such pilot program on 16 identifying visa holders who violate the terms of 17 their visas. 18 ‘‘(2) AT 19 DESTRIAN OUTBOUND TRAFFIC.— ‘‘(A) IN 20 GENERAL.—Not later than five 21 years after the date of the enactment of this 22 section, the Secretary shall expand the biomet- 23 ric exit data system referred to in subsection 24 (a)(2) to all land ports of entry, and such sys- g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 LAND PORTS OF ENTRY FOR NON-PE- 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00095 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 96 1 tem shall apply only in the case of non-pedes- 2 trian outbound traffic. 3 ‘‘(B) EXTENSION.—The Secretary may ex- 4 tend for a single two-year period the date speci- 5 fied in subparagraph (A) if the Secretary cer- 6 tifies to the Committee on Homeland Security 7 and Governmental Affairs and the Committee 8 on the Judiciary of the Senate and the Com- 9 mittee on Homeland Security and the Com- 10 mittee on the Judiciary of the House of Rep- 11 resentatives that the 15 land ports of entry that 12 support the highest volume of passenger vehi- 13 cles, as determined by available Federal data, 14 do not have the physical infrastructure or char- 15 acteristics to install the systems necessary to 16 implement a biometric exit data system. 17 ‘‘(3) AT 18 later than five years after the date of the enactment 19 of this section, the Secretary shall expand the bio- 20 metric exit data system referred to in subsection 21 (a)(2) to all air and sea ports of entry. ‘‘(4) AT 22 LAND PORTS OF ENTRY FOR PEDES- 23 TRIANS.—Not 24 the enactment of this section, the Secretary shall ex- 25 pand the biometric exit data system referred to in g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 AIR AND SEA PORTS OF ENTRY.—Not 12:19 Sep 27, 2017 Jkt 000000 later than five years after the date of (670659 18) PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 97 1 subsection (a)(2) to all land ports of entry, and such 2 system shall apply only in the case of pedestrians. 3 ‘‘(c) EFFECTS 4 TATION.—The ON AIR, SEA, AND LAND TRANSPOR- Secretary, in consultation with appropriate 5 private sector stakeholders, shall ensure that the collection 6 of biometric data under this section causes the least pos7 sible disruption to the movement of people or cargo in air, 8 sea, or land transportation, while fulfilling the goals of im9 proving counterterrorism efforts and identifying visa hold10 ers who violate the terms of their visas. 11 ‘‘(d) TERMINATION OF PROCEEDING.—Notwith- 12 standing any other provision of law, the Secretary shall, 13 on the date of the enactment of this section, terminate 14 the proceeding entitled ‘Collection of Alien Biometric Data 15 Upon Exit From the United States at Air and Sea Ports 16 of Departure; United States Visitor and Immigrant Status 17 Indicator Technology Program (‘‘US-VISIT’’)’, issued on 18 April 24, 2008 (73 Fed. Reg. 22065). 19 ‘‘(e) DATA-MATCHING.—The biometric exit data sys- 20 tem established under this section shall— 21 ‘‘(1) match biometric information for an indi- 22 vidual who is departing the United States against bi- 23 ometric data previously provided to the United 24 States Government by such individual for the pur- 25 poses of international travel; g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 98 1 ‘‘(2) leverage the infrastructure and databases 2 of the current biometric entry and exit system estab- 3 lished pursuant to section 7208 of the Intelligence 4 Reform and Terrorism Prevention Act of 2004 (8 5 U.S.C. 1365b) for the purpose described in para- 6 graph (1); and ‘‘(3) be interoperable with, and allow matching 7 8 against, other Federal databases that— ‘‘(A) store biometrics of known or sus- 9 pected terrorists; and 10 ‘‘(B) identify visa holders who violate the 11 terms of their visas. 12 13 ‘‘(f) SCOPE.— ‘‘(1) IN 14 biometric exit data 15 system established under this section shall include a 16 requirement for the collection of biometric exit data 17 at the time of departure for all categories of individ- 18 uals who are required by the Secretary to provide bi- 19 ometric entry data. ‘‘(2) EXCEPTION 20 FOR CERTAIN OTHER INDIVID- 21 UALS.—This 22 individual who exits and then enters the United 23 States on a passenger vessel (as such term is defined 24 in section 2101 of title 46, United States Code) the g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 GENERAL.—The 12:19 Sep 27, 2017 Jkt 000000 section shall not apply in the case of an (670659 18) PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 99 1 itinerary of which originates and terminates in the 2 United States. 3 ‘‘(3) 4 ENTRY.—This 5 a United States or Canadian citizen who exits the 6 United States through a land port of entry. 7 ‘‘(g) COLLECTION OF DATA.—The Secretary may not EXCEPTION FOR LAND PORTS OF section shall not apply in the case of 8 require any non-Federal person to collect biometric data, 9 or contribute to the costs of collecting or administering 10 the biometric exit data system established under this sec11 tion, except through a mutual agreement. 12 ‘‘(h) MULTI-MODAL COLLECTION.—In carrying out 13 subsections (a)(1) and (b), the Secretary shall make every 14 effort to collect biometric data using multiple modes of 15 biometrics. 16 ‘‘(i) FACILITIES.—All facilities at which the biometric 17 exit data system established under this section is imple18 mented shall provide and maintain space for Federal use 19 that is adequate to support biometric data collection and 20 other inspection-related activity. For non-federally owned 21 facilities, such space shall be provided and maintained at 22 no cost to the Government. 23 ‘‘(j) NORTHERN LAND BORDER.—In the case of the 24 northern land border, the requirements under subsections 25 (a)(2)(C), (b)(2)(A), and (b)(4) may be achieved through g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 100 1 the sharing of biometric data provided to U.S. Customs 2 and Border Protection by the Canadian Border Services 3 Agency pursuant to the 2011 Beyond the Border agree4 ment. 5 ‘‘(k) FAIR AND OPEN COMPETITION.—The Secretary 6 shall procure goods and services to implement this section 7 via fair and open competition in accordance with the Fed8 eral Acquisition Regulations. 9 ‘‘(l) OTHER BIOMETRIC INITIATIVES.—The Sec- 10 retary may pursue biometric initiatives at air, land, and 11 sea ports of entry for the purposes of border security and 12 trade facilitation distinct from the biometric exit data sys13 tem described in this section. 14 ‘‘(m) CONGRESSIONAL REVIEW.—Not later than 90 15 days after the date of the enactment of this section, the 16 Secretary shall submit to the Committee on Homeland Se17 curity and Governmental Affairs of the Senate, the Com18 mittee on the Judiciary of the Senate, the Committee on 19 Homeland Security of the House of Representatives, and 20 Committee on the Judiciary of the House of Representa21 tives reports and recommendations regarding the Science 22 and Technology Directorate’s Air Entry and Exit Re-En23 gineering Program of the Department and the U.S. Cus24 toms and Border Protection entry and exit mobility pro25 gram demonstrations. g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 101 ‘‘(n) SAVINGS CLAUSE.—Nothing in this section shall 1 2 prohibit the collection of user fees permitted by section 3 13031 of the Consolidated Omnibus Budget Reconciliation 4 Act of 1985 (19 U.S.C. 58c).’’. 5 SEC. 206. SENSE OF CONGRESS ON COOPERATION BE- 6 7 TWEEN AGENCIES. (a) FINDING.—Congress finds that personnel con- 8 straints exist at land ports of entry with regard to sanitary 9 and phytosanitary inspections for exported goods. 10 (b) SENSE OF CONGRESS.—It is the sense of Con- 11 gress that, in the best interest of cross-border trade and 12 the agricultural community— 13 (1) any lack of certified personnel for inspection 14 purposes at ports of entry should be addressed by 15 seeking cooperation between agencies and depart- 16 ments of the United States, whether in the form of 17 a memorandum of understanding or through a cer- 18 tification process, whereby additional existing agents 19 are authorized for additional hours to facilitate the 20 crossing and trade of perishable goods in a manner 21 consistent with rules of the Department of Agri- 22 culture; and 23 (2) cross designation should be available for 24 personnel who will assist more than one agency or g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X G:\M\15\MCCAUL\MCCAUL_055.XML 102 1 department at land ports of entry to facilitate in- 2 creased trade and commerce. 3 SEC. 207. AUTHORIZATION OF APPROPRIATIONS. In addition to any amounts otherwise authorized to 4 5 be appropriated for such purpose, there is authorized to 6 be appropriated $1,250,000,000 for each of fiscal years 7 2018 through 2021 to carry out this title, of which— 8 (1) $2,000,000 shall be used by the Secretary 9 for hiring additional Uniform Management Center 10 support personnel, purchasing uniforms for CBP of- 11 ficers and agents, acquiring additional motor vehi- 12 cles to support vehicle mounted surveillance systems, 13 hiring additional motor vehicle program support per- 14 sonnel, and for contract support for customer serv- 15 ice, vendor management, and operations manage- 16 ment; and 17 (2) $250,000,000 per year shall be used to im- 18 plement the biometric exit data system described in 19 section 418 of the Homeland Security Act of 2002, 20 as added by section 205 of this Act. 21 SEC. 208. DEFINITION. 22 In this title, the term ‘‘Secretary’’ means the Sec- 23 retary of Homeland Security. ◊ g:\VHLC\092717\092717.085.xml September 27, 2017 (12:19 p.m.) VerDate 0ct 09 2002 12:19 Sep 27, 2017 Jkt 000000 (670659 18) PO 00000 Frm 00102 Fmt 6652 Sfmt 6301 C:\USERS\MAECKS~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MCCAUL~1.X