‘‘SEC. 434. BORDER SECURITY TECHNOLOGY PROGRAM 
MANAGEMENT. 
‘‘(a) MAJOR ACQUISITION PROGRAM DEFINED.—In 
this section, the term ‘major acquisition program’ means 
an acquisition program of the Department that is estimated 
by the Secretary to require an eventual total expenditure 
of at least $300,000,000 (based on fiscal year 2017 constant 
dollars) over its life cycle cost. 
‘‘(b) PLANNING DOCUMENTATION.—For each border se-
curity technology acquisition program of the Department 
that is determined to be a major acquisition program, the 
Secretary shall— 
‘‘(1) ensure that each such program has a writ-
ten acquisition program baseline approved by the rel-
evant acquisition decision authority; 
‘‘(2) document that each such program is meet-
ing cost, schedule, and performance thresholds as spec-
ified in such baseline, in compliance with relevant de-
partmental acquisition policies and the Federal Ac-
quisition Regulation; and 
‘‘(3) have a plan for meeting program implemen-
tation objectives by managing contractor performance. 
‘‘(c) ADHERENCE
TO STANDARDS.—The Secretary, 
acting through the Under Secretary for Management and 
the Commissioner of U.S. Customs and Border Protection, 
shall ensure border security technology acquisition program 
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managers who are responsible for carrying out this section 
adhere to relevant internal control standards identified by 
the Comptroller General of the United States. The Commis-
sioner shall provide information, as needed, to assist the 
Under Secretary in monitoring management of border secu-
rity technology acquisition programs under this section. 
‘‘(d) PLAN.—The Secretary, acting through the Under 
Secretary for Management, in coordination with the Under 
Secretary for Science and Technology and the Commis-
sioner of U.S. Customs and Border Protection, shall submit 
to the appropriate congressional committees a plan for test-
ing, evaluating, and using independent verification and 
validation resources for border security technology. Under 
the plan, new border security technologies shall be evaluated 
through a series of assessments, processes, and audits to en-
sure— 
‘‘(1) compliance with relevant departmental ac-
quisition policies and the Federal Acquisition Regula-
tion; and 
‘‘(2) the effective use of taxpayer dollars.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of the Homeland Security Act of 2002 is 
amended by inserting after the item relating to section 433 
the following new item: 
‘‘Sec. 434. Border security technology program management.’’. 
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(c) PROHIBITION ON ADDITIONAL AUTHORIZATION OF 
APPROPRIATIONS.—No additional funds are authorized to 
be appropriated to carry out section 434 of the Homeland 
Security Act of 2002, as added by subsection (a). Such sec-
tion shall be carried out using amounts otherwise author-
ized for such purposes. 
SEC. 117. NATIONAL GUARD SUPPORT TO SECURE THE 
SOUTHERN BORDER AND REIMBURSEMENT 
OF STATES FOR DEPLOYMENT OF THE NA-
TIONAL GUARD AT THE SOUTHERN BORDER. 
(a) IN GENERAL.—With the approval of the Secretary 
and the Secretary of Defense, the Governor of a State may 
order any units or personnel of the National Guard of such 
State to perform operations and missions under section 
502(f) of title 32, United States Code, along the southern 
border for the purposes of assisting U.S. Customs and Bor-
der Protection to achieve situational awareness and oper-
ational control of the border. 
(b) ASSIGNMENT OF OPERATIONS AND MISSIONS.— 
(1) IN
GENERAL.—National Guard units and 
personnel deployed under subsection (a) may be as-
signed such operations and missions specified in sub-
section (c) as may be necessary to secure the southern 
border. 
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(2) NATURE OF DUTY.—The duty of National 
Guard personnel performing operations and missions 
described in paragraph (1) shall be full-time duty 
under title 32, United States Code. 
(c) RANGE OF OPERATIONS AND MISSIONS.—The oper-
ations and missions assigned under subsection (b) shall in-
clude the temporary authority to— 
(1) construct reinforced fencing or other barriers; 
(2) operate ground-based surveillance systems; 
(3) operate unmanned and manned aircraft; 
(4) provide radio communications interoper-
ability between U.S. Customs and Border Protection 
and State, local, and tribal law enforcement agencies; 
(5) construct checkpoints along the Southern bor-
der to bridge the gap to long-term permanent check-
points; and 
(6) provide intelligence support. 
(d) MATERIEL AND LOGISTICAL SUPPORT.—The Sec-
retary of Defense shall deploy such materiel, equipment, 
and logistical support as may be necessary to ensure success 
of the operations and missions conducted by the National 
Guard under this section. 
(e) EXCLUSION FROM NATIONAL GUARD PERSONNEL 
STRENGTH LIMITATIONS.—National Guard personnel de-
ployed under subsection (a) shall not be included in— 
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(1) the calculation to determine compliance with 
limits on end strength for National Guard personnel; 
or 
(2) limits on the number of National Guard per-
sonnel that may be placed on active duty for oper-
ational support under section 115 of title 10, United 
States Code. 
(f) REIMBURSEMENT REQUIRED.— 
(1) IN GENERAL.—The Secretary of Defense shall 
reimburse States for the cost of the deployment of any 
units or personnel of the National Guard to perform 
operations and missions in full-time State Active 
Duty in support of a southern border mission. The 
Secretary of Defense may not seek reimbursement 
from the Secretary for any reimbursements paid to 
States for the costs of such deployments. 
(2) LIMITATION.—The total amount of reim-
bursements under this section may not exceed 
$35,000,000 for any fiscal year. 
SEC. 118. OPERATION PHALANX. 
(a) IN GENERAL.—The Secretary of Defense, with the 
concurrence of the Secretary, shall provide assistance to 
U.S. Customs and Border Protection for purposes of in-
creasing ongoing efforts to secure the southern border. 
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(b) TYPES OF ASSISTANCE AUTHORIZED.—The assist-
ance provided under subsection (a) may include— 
(1) deployment of manned aircraft, unmanned 
aerial surveillance systems, and ground-based surveil-
lance systems to support continuous surveillance of 
the southern border; and 
(2) intelligence analysis support. 
(c) MATERIEL AND LOGISTICAL SUPPORT.—The Sec-
retary of Defense may deploy such materiel, equipment, and 
logistics support as may be necessary to ensure the effective-
ness of the assistance provided under subsection (a). 
(d) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated for the Department of Defense 
$75,000,000 to provide assistance under this section. The 
Secretary of Defense may not seek reimbursement from the 
Secretary for any assistance provided under this section. 
(e) REPORTS.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act and annually 
thereafter, the Secretary of Defense shall submit a re-
port to the appropriate congressional defense commit-
tees (as defined in section 101(a)(16) of title 10, 
United States Code) regarding any assistance pro-
vided under subsection (a) during the period specified 
in paragraph (3). 
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(2) ELEMENTS.—Each report under paragraph 
(1) shall include, for the period specified in para-
graph (3), a description of— 
(A) the assistance provided; 
(B) the sources and amounts of funds used 
to provide such assistance; and 
(C) the amounts obligated to provide such 
assistance. 
(3) PERIOD SPECIFIED.—The period specified in 
this paragraph is— 
(A) in the case of the first report required 
under paragraph (1), the 90-day period begin-
ning on the date of the enactment of this Act; 
and 
(B) in the case of any subsequent report 
submitted under paragraph (1), the calendar 
year for which the report is submitted. 
SEC. 119. MERIDA INITIATIVE. 
(a) SENSE OF CONGRESS.—It is the sense of Congress 
that assistance to Mexico, including assistance from the De-
partment of State and the Department of Defense and any 
aid related to the Merida Initiative should— 
(1) focus on providing enhanced border security 
at Mexico’s northern and southern borders, judicial 
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reform, and support for Mexico’s anti-drug efforts; 
and 
(2) return to its original focus and prioritize se-
curity, training, and acquisition of equipment for 
Mexican security forces involved in anti-drug efforts 
as well as be used to train prosecutors in ongoing jus-
tice reform efforts. 
(b) ASSISTANCE
FOR MEXICO.—The Secretary of 
State, in coordination with the Secretary and the Secretary 
of Defense, shall provide level and consistent assistance to 
Mexico to— 
(1) combat drug production and trafficking and 
related violence, transnational organized criminal or-
ganizations, and corruption; 
(2) build a secure, modern border security system 
capable of preventing illegal migration; 
(3) support border security and cooperation with 
United States military, intelligence, and law enforce-
ment agencies on border incursions; 
(4) support judicial reform, institution building, 
and rule of law activities to build judicial capacity, 
address corruption and impunity, and support 
human rights; and 
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(5) provide for training and equipment for Mexi-
can security forces involved in efforts to eradicate and 
interdict drugs. 
(c) ALLOCATION OF FUNDS; REPORT.— 
(1) IN
GENERAL.—Notwithstanding any other 
provision of law, 50 percent of any assistance appro-
priated in any appropriations Act to implement this 
section shall be withheld until after the Secretary of 
State submits a written report to the congressional 
committees specified in paragraph (3) certifying that 
the Government of Mexico is— 
(A) significantly reducing illegal migration, 
drug trafficking, and cross-border criminal ac-
tivities on Mexico’s northern and southern bor-
ders; 
(B) taking significant action to address cor-
ruption, impunity, and human rights abuses; 
and 
(C) improving the transparency and ac-
countability of Mexican Federal police forces and 
working with Mexican State and municipal au-
thorities to improve the transparency and ac-
countability of Mexican State and municipal po-
lice forces. 
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(2) MATTERS TO INCLUDE.—The report required 
under paragraph (1) shall include a description of— 
(A) actions taken by the Government of 
Mexico to address the matters described in such 
paragraph; 
(B) any relevant assessments by civil soci-
ety and non-government organizations in Mexico 
relating to such matters; and 
(C) any instances in which the Secretary 
determines that the actions taken by the Govern-
ment of Mexico are inadequate to address such 
matters. 
(3) CONGRESSIONAL COMMITTEES SPECIFIED.— 
The congressional committees specified in this para-
graph are— 
(A) the Committee on Appropriations of the 
Senate; 
(B) the Committee on Homeland Security 
and Governmental Affairs of the Senate; 
(C) the Committee on the Judiciary of the 
Senate; 
(D) the Committee on Foreign Relations of 
the Senate; 
(E) the Committee on Appropriations of the 
House of Representatives; 
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(F) the Committee on Homeland Security of 
the House of Representatives; 
(G) the Committee on the Judiciary of the 
House of Representatives; and 
(H) the Committee on Foreign Affairs of the 
House of Representatives. 
(d) NOTIFICATIONS.—Any assistance made available 
by the Secretary of State under this section shall be subject 
to— 
(1) the notification procedures set forth in sec-
tion 634A of the Foreign Assistance Act of 1961 (22 
U.S.C. 2394–1); and 
(2) the notification requirements of— 
(A) the Committee on Homeland Security 
and Governmental Affairs of the Senate; 
(B) the Committee on the Judiciary of the 
Senate; 
(C) the Committee on Foreign Relations of 
the Senate; 
(D) the Committee on Homeland Security 
of the House of Representatives; 
(E) the Committee on the Judiciary of the 
House of Representatives; and 
(F) the Committee on Foreign Affairs in the 
House of Representatives. 
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(e) SPENDING PLAN.— 
(1) IN GENERAL.—Not later than 45 days after 
the date of the enactment of this Act, the Secretary of 
State shall submit to the congressional committees 
specified in paragraph (2) a detailed spending plan 
for assistance to Mexico under this section, which 
shall include a strategy, developed after consulting 
with relevant authorities of the Government of Mex-
ico, for— 
(A) combating drug trafficking and related 
violence and organized crime; and 
(B) anti-corruption and rule of law activi-
ties, which shall include concrete goals, actions to 
be taken, budget proposals, and a description of 
anticipated results. 
(2) CONGRESSIONAL COMMITTEES SPECIFIED.— 
The congressional committees specified in this para-
graph are— 
(A) the Committee on Appropriations of the 
Senate; 
(B) the Committee on Foreign Relations of 
the Senate; 
(C) the Committee on Homeland Security 
and Governmental Affairs of the Senate; 
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(D) the Committee on the Judiciary of the 
Senate; 
(E) the Committee on Appropriations of the 
House of Representatives; 
(F) the Committee on Foreign Affairs of the 
House of Representatives; 
(G) the Committee on Homeland Security 
of the House of Representatives; and 
(H) the Committee on the Judiciary of the 
House of Representatives. 
SEC. 120. PROHIBITIONS ON ACTIONS THAT IMPEDE BOR-
DER SECURITY ON CERTAIN FEDERAL LAND. 
(a) PROHIBITION ON INTERFERENCE WITH U.S. CUS-
TOMS AND BORDER PROTECTION.— 
(1) IN GENERAL.—The Secretary concerned shall 
not impede, prohibit, or restrict activities of U.S. 
Customs and Border Protection on covered Federal 
land to execute search and rescue operations or to 
prevent all unlawful entries into the United States, 
including entries by terrorists, other unlawful aliens, 
instruments of terrorism, narcotics, and other contra-
band through the southern border or the northern bor-
der. 
(2) APPLICABILITY.—The authority of U.S. Cus-
toms and Border Protection to conduct activities de-
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scribed in paragraph (1) on covered Federal land ap-
plies without regard to whether a state of emergency 
exists. 
(b) AUTHORIZED ACTIVITIES OF U.S. CUSTOMS AND 
BORDER PROTECTION.— 
(1) IN
GENERAL.—U.S. Customs and Border 
Protection shall have immediate access to covered 
Federal land to conduct the activities described in 
paragraph (2) on such land to prevent all unlawful 
entries into the United States, including entries by 
terrorists, other unlawful aliens, instruments of ter-
rorism, narcotics, and other contraband through the 
southern border or the northern border. 
(2) ACTIVITIES DESCRIBED.—The activities de-
scribed in this paragraph are— 
(A) The use of motorized vehicles, foot pa-
trols, and horseback to patrol the border area, 
apprehend illegal entrants, and rescue individ-
uals; and 
(B) the construction, installation, operation 
and maintenance of tactical infrastructure and 
border technology described in section 102 of the 
Illegal Immigration Reform and Immigrant Re-
sponsibility Act of 1996 (as amended by section 
111 of this Act). 
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(c) CLARIFICATION RELATING TO WAIVER AUTHOR-
ITY.— 
(1) IN GENERAL.—The activities of U.S. Customs 
and Border Protection described in subsection (b)(2) 
may be carried out without regard to the provisions 
of law specified in paragraph (2). 
(2) PROVISIONS OF LAW SPECIFIED.—The provi-
sions of law specified in this section are all Federal, 
State, or other laws, regulations, and legal require-
ments of, deriving from, or related to the subject of, 
the following laws: 
(A) The National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.). 
(B) The Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.). 
(C) The Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.) (commonly referred 
to as the ‘‘Clean Water Act’’). 
(D) Division A of subtitle III of title 54, 
United States Code (54 U.S.C. 300301 et seq.) 
(formerly known as the ‘‘National Historic Pres-
ervation Act’’). 
(E) The Migratory Bird Treaty Act (16 
U.S.C. 703 et seq.). 
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(AA) The National Park Service General 
Authorities Act (Public Law 91–383, 16 U.S.C. 
1a–1 et seq.). 
(BB) Sections 401(7), 403, and 404 of the 
National Parks and Recreation Act of 1978 
(Public Law 95–625). 
(CC) Sections 301(a) through (f) of the Ari-
zona Desert Wilderness Act (Public Law 101– 
628). 
(DD) The Rivers and Harbors Act of 1899 
(33 U.S.C. 403). 
(EE) The Eagle Protection Act (16 U.S.C. 
668 et seq.). 
(FF) The Native American Graves Protec-
tion and Repatriation Act (25 U.S.C. 3001 et 
seq.). 
(GG) The American Indian Religious Free-
dom Act (42 U.S.C. 1996). 
(HH) The Religious Freedom Restoration 
Act (42 U.S.C. 2000bb). 
(II) The National Forest Management Act 
of 1976 (16 U.S.C. 1600 et seq.). 
(JJ) The Multiple Use and Sustained Yield 
Act of 1960 (16 U.S.C. 528 et seq.). 
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(3) APPLICABILITY OF WAIVER TO SUCCESSOR 
LAWS.—If a provision of law specified in paragraph 
(2) was repealed and incorporated into title 54, 
United States Code, after April 1, 2008, and before 
the date of the enactment of this Act, the waiver de-
scribed in paragraph (1) shall apply to the provision 
of such title that corresponds to the provision of law 
specified in paragraph (2) to the same extent the 
waiver applied to that provision of law. 
(4) SAVINGS
CLAUSE.—The waiver authority 
under this subsection may not be construed as affect-
ing, negating, or diminishing in any manner the ap-
plicability of section 552 of title 5, United States 
Code (commonly referred to as the ‘‘Freedom of Infor-
mation Act’’), in any relevant matter. 
(d) PROTECTION OF LEGAL USES.—This section may 
not be construed to provide— 
(1) authority to restrict legal uses, such as graz-
ing, hunting, mining, or recreation or the use of 
backcountry airstrips, on land under the jurisdiction 
of the Secretary of the Interior or the Secretary of Ag-
riculture; or 
(2) any additional authority to restrict legal ac-
cess to such land. 
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(e) EFFECT ON STATE AND PRIVATE LAND.—This sec-
tion shall— 
(1) have no force or effect on State lands or pri-
vate lands; and 
(2) not provide authority on or access to State 
lands or private lands. 
(f) TRIBAL SOVEREIGNTY.—Nothing in this section 
may be construed to supersede, replace, negate, or diminish 
treaties or other agreements between the United States and 
Indian tribes. 
(g) MEMORANDA OF UNDERSTANDING.—The require-
ments of this section shall not apply to the extent that such 
requirements are incompatible with any memorandum of 
understanding or similar agreement entered into between 
the Commissioner of U.S. Customs and Border Protection 
and a National Park Unit before, on, or after the date of 
the enactment of this Act. 
(h) DEFINITIONS.—In this section: 
(1) COVERED FEDERAL LAND.—The term ‘‘cov-
ered Federal land’’ includes all land under the control 
of the Secretary concerned that is located within 100 
miles of the southern border or the northern border. 
(2) SECRETARY
CONCERNED.—The term ‘‘Sec-
retary concerned’’ means— 
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(A) with respect to land under the jurisdic-
tion of the Department of Agriculture, the Sec-
retary of Agriculture; and 
(B) with respect to land under the jurisdic-
tion of the Department of the Interior, the Sec-
retary of the Interior. 
SEC. 121. LANDOWNER AND RANCHER SECURITY ENHANCE-
MENT. 
(a) ESTABLISHMENT OF NATIONAL BORDER SECURITY 
ADVISORY COMMITTEE.—The Secretary shall establish a 
National Border Security Advisory Committee, which— 
(1) may advise, consult with, report to, and 
make recommendations to the Secretary on matters 
relating to border security matters, including— 
(A) verifying security claims and the border 
security metrics established by the Department of 
Homeland Security under section 1092 of the 
National Defense Authorization Act for Fiscal 
Year 2017 (Public Law 114–328; 6 U.S.C. 223); 
and 
(B) discussing ways to improve the security 
of high traffic areas along the northern border 
and the southern border; and 
(2) may provide, through the Secretary, rec-
ommendations to Congress. 
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(b) CONSIDERATION OF VIEWS.—The Secretary shall 
consider the information, advice, and recommendations of 
the National Border Security Advisory Committee in for-
mulating policy regarding matters affecting border security. 
(c) MEMBERSHIP.—The National Border Security Ad-
visory Committee shall consist of at least one member from 
each State who— 
(1) has at least five years practical experience in 
border security operations; or 
(2) lives and works in the United States within 
80 miles from the southern border or the northern bor-
der. 
(d) NONAPPLICABILITY OF FEDERAL ADVISORY COM-
MITTEE ACT.—The Federal Advisory Committee Act (5 
U.S.C. App.) shall not apply to the National Border Secu-
rity Advisory Committee. 
SEC. 122. ERADICATION OF CARRIZO CANE AND SALT 
CEDAR. 
Not later than January 20, 2021, the Secretary, after 
coordinating with the heads of the relevant Federal, State, 
and local agencies, shall begin eradicating the carrizo cane 
plant and any salt cedar along the Rio Grande River. 
SEC. 123. SOUTHERN BORDER THREAT ANALYSIS. 
(a) THREAT ANALYSIS.— 
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(1) REQUIREMENT.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary shall submit to the Committee on Homeland 
Security of the House of Representatives and the 
Committee on Homeland Security and Governmental 
Affairs of the Senate a Southern border threat anal-
ysis. 
(2) CONTENTS.—The analysis submitted under 
paragraph (1) shall include an assessment of— 
(A) current and potential terrorism and 
criminal threats posed by individuals and orga-
nized groups seeking— 
(i) to unlawfully enter the United 
States through the Southern border; or 
(ii) to exploit security vulnerabilities 
along the Southern border; 
(B) improvements needed at and between 
ports of entry along the Southern border to pre-
vent terrorists and instruments of terror from 
entering the United States; 
(C) gaps in law, policy, and coordination 
between State, local, or tribal law enforcement, 
international agreements, or tribal agreements 
that hinder effective and efficient border security, 
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counterterrorism, and anti-human smuggling 
and trafficking efforts; 
(D) the current percentage of situational 
awareness achieved by the Department along the 
Southern border; 
(E) the current percentage of operational 
control achieved by the Department on the 
Southern border; and 
(F) traveler crossing times and any poten-
tial security vulnerability associated with pro-
longed wait times. 
(3) ANALYSIS
REQUIREMENTS.—In compiling 
the Southern border threat analysis required under 
this subsection, the Secretary shall consider and ex-
amine— 
(A) the technology needs and challenges, in-
cluding such needs and challenges identified as a 
result of previous investments that have not fully 
realized the security and operational benefits 
that were sought; 
(B) the personnel needs and challenges, in-
cluding such needs and challenges associated 
with recruitment and hiring; 
(C) the infrastructure needs and challenges; 
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(D) the roles and authorities of State, local, 
and tribal law enforcement in general border se-
curity activities; 
(E) the status of coordination among Fed-
eral, State, local, tribal, and Mexican law en-
forcement entities relating to border security; 
(F) the terrain, population density, and cli-
mate along the Southern border; and 
(G) the international agreements between 
the United States and Mexico related to border 
security. 
(4) CLASSIFIED FORM.—To the extent possible, 
the Secretary shall submit the Southern border threat 
analysis required under this subsection in unclassified 
form, but may submit a portion of the threat analysis 
in classified form if the Secretary determines such ac-
tion is appropriate. 
(b) U.S. BORDER PATROL STRATEGIC PLAN.— 
(1) IN GENERAL.—Not later than 180 days after 
the submission of the threat analysis required under 
subsection (a) or June 30, 2018, and every five years 
thereafter, the Secretary, acting through the Chief of 
the U.S. Border Patrol, shall issue a Border Patrol 
Strategic Plan. 
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(2) CONTENTS.—The Border Patrol Strategic 
Plan required under this subsection shall include a 
consideration of— 
(A) the Southern border threat analysis re-
quired under subsection (a), with an emphasis 
on efforts to mitigate threats identified in such 
threat analysis; 
(B) efforts to analyze and disseminate bor-
der security and border threat information be-
tween border security components of the Depart-
ment and other appropriate Federal departments 
and agencies with missions associated with the 
Southern border; 
(C) efforts to increase situational awareness, 
including— 
(i) surveillance capabilities, including 
capabilities developed or utilized by the De-
partment of Defense, and any appropriate 
technology determined to be excess by the 
Department of Defense; and 
(ii) the use of manned aircraft and un-
manned aerial systems, including camera 
and sensor technology deployed on such as-
sets; 
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(D) efforts to detect and prevent terrorists 
and instruments of terrorism from entering the 
United States; 
(E) efforts to detect, interdict, and disrupt 
aliens and illicit drugs at the earliest possible 
point; 
(F) efforts to focus intelligence collection to 
disrupt transnational criminal organizations 
outside of the international and maritime bor-
ders of the United States; 
(G) efforts to ensure that any new border se-
curity technology can be operationally integrated 
with existing technologies in use by the Depart-
ment; 
(H) any technology required to maintain, 
support, and enhance security and facilitate 
trade at ports of entry, including nonintrusive 
detection equipment, radiation detection equip-
ment, biometric technology, surveillance systems, 
and other sensors and technology that the Sec-
retary determines to be necessary; 
(I) operational coordination unity of effort 
initiatives of the border security components of 
the Department, including any relevant task 
forces of the Department; 
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(J) 
lessons 
learned 
from 
Operation 
Jumpstart and Operation Phalanx; 
(K) cooperative agreements and information 
sharing with State, local, tribal, territorial, and 
other Federal law enforcement agencies that have 
jurisdiction on the Northern border or the South-
ern border; 
(L) border security information received 
from consultation with State, local, tribal, terri-
torial, and Federal law enforcement agencies 
that have jurisdiction on the Northern border or 
the Southern border, or in the maritime environ-
ment, and from border community stakeholders 
(including through public meetings with such 
stakeholders), including representatives from bor-
der agricultural and ranching organizations and 
representatives from business and civic organiza-
tions along the Northern border or the Southern 
border; 
(M) staffing requirements for all depart-
mental border security functions; 
(N) a prioritized list of departmental re-
search and development objectives to enhance the 
security of the Southern border; 
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(O) an assessment of training programs, in-
cluding training programs for— 
(i) identifying and detecting fraudu-
lent documents; 
(ii) understanding the scope of enforce-
ment authorities and the use of force poli-
cies; and 
(iii) screening, identifying, and ad-
dressing vulnerable populations, such as 
children and victims of human trafficking; 
and 
(P) an assessment of how border security 
operations affect border crossing times. 
SEC. 124. AMENDMENTS TO U.S. CUSTOMS AND BORDER 
PROTECTION. 
(a) DUTIES.—Subsection (c) of section 411 of the 
Homeland Security Act of 2002 (6 U.S.C. 211) is amend-
ed— 
(1) in paragraph (17), by striking ‘‘and’’ after 
the semicolon at the end; 
(2) by redesignating paragraph (18) as para-
graph (20); and 
(3) by inserting after paragraph (17) the fol-
lowing new paragraphs: 
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‘‘(18) administer the U.S. Customs and Border 
Protection public private partnerships under subtitle 
G; 
‘‘(19) administer preclearance operations under 
the Preclearance Authorization Act of 2015 (19 
U.S.C. 4431 et seq.; enacted as subtitle B of title VIII 
of the Trade Facilitation and Trade Enforcement Act 
of 2015; 19 U.S.C. 4301 et seq.); and’’. 
(b) OFFICE OF FIELD OPERATIONS STAFFING.—Sub-
paragraph (A) of section 411(g)(5) of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 211(g)(5)) is amended by insert-
ing before the period at the end the following: ‘‘compared 
to the number indicated by the current fiscal year work flow 
staffing model’’. 
(c) IMPLEMENTATION PLAN.—Subparagraph (B) of 
section 814(e)(1) of the Preclearance Authorization Act of 
2015 (19 U.S.C. 4433(e)(1); enacted as subtitle B of title 
VIII of the Trade Facilitation and Trade Enforcement Act 
of 2015; 19 U.S.C. 4301 et seq.) is amended to read as fol-
lows: 
‘‘(B) a port of entry vacancy rate which 
compares the number of officers identified in 
subparagraph (A) with the number of officers at 
the port at which such officer is currently as-
signed.’’. 
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SEC. 125. AGENT AND OFFICER TECHNOLOGY USE. 
In carrying out section 102 of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (as 
amended by section 111 of this Act) and section 113 of this 
Act, the Secretary shall, to the greatest extent practicable, 
ensure that technology deployed to gain situational aware-
ness and operational control of the border be provided to 
front-line officers and agents of the Department of Home-
land Security. 
SEC. 126. INTEGRATED BORDER ENFORCEMENT TEAMS. 
(a) IN GENERAL.—Subtitle C of title IV of the Home-
land Security Act of 2002 (6 U.S.C. 231 et seq.), as amend-
ed by section 116 of this Act, is further amended by adding 
at the end the following new section: 
‘‘SEC. 435. INTEGRATED BORDER ENFORCEMENT TEAMS. 
‘‘(a) ESTABLISHMENT.—The Secretary shall establish 
within the Department a program to be known as the Inte-
grated Border Enforcement Team program (referred to in 
this section as ‘IBET’). 
‘‘(b) PURPOSE.—The Secretary shall administer the 
IBET program in a manner that results in a cooperative 
approach between the United States and Canada to— 
‘‘(1) strengthen security between designated ports 
of entry; 
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‘‘(2) detect, prevent, investigate, and respond to 
terrorism and violations of law related to border secu-
rity; 
‘‘(3) facilitate collaboration among components 
and offices within the Department and international 
partners; 
‘‘(4) execute coordinated activities in furtherance 
of border security and homeland security; and 
‘‘(5) enhance information-sharing, including the 
dissemination of homeland security information 
among such components and offices. 
‘‘(c) COMPOSITION AND LOCATION OF IBETS.— 
‘‘(1) COMPOSITION.—IBETs shall be led by the 
United States Border Patrol and may be comprised 
of personnel from the following: 
‘‘(A) Other subcomponents of U.S. Customs 
and Border Protection. 
‘‘(B) U.S. Immigration and Customs En-
forcement, led by Homeland Security Investiga-
tions. 
‘‘(C) The Coast Guard, for the purpose of 
securing the maritime borders of the United 
States. 
‘‘(D) Other Department personnel, as ap-
propriate. 
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‘‘(E) Other Federal departments and agen-
cies, as appropriate. 
‘‘(F) Appropriate State law enforcement 
agencies. 
‘‘(G) Foreign law enforcement partners. 
‘‘(H) Local law enforcement agencies from 
affected border cities and communities. 
‘‘(I) Appropriate tribal law enforcement 
agencies. 
‘‘(2) LOCATION.—The Secretary is authorized to 
establish IBETs in regions in which such teams can 
contribute to IBET missions, as appropriate. When 
establishing an IBET, the Secretary shall consider the 
following: 
‘‘(A) Whether the region in which the IBET 
would be established is significantly impacted by 
cross-border threats. 
‘‘(B) The availability of Federal, State, 
local, tribal, and foreign law enforcement re-
sources to participate in an IBET. 
‘‘(C) Whether, in accordance with para-
graph (3), other joint cross-border initiatives al-
ready take place within the region in which the 
IBET would be established, including other De-
partment cross-border programs such as the Inte-
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grated Cross-Border Maritime Law Enforcement 
Operation Program established under section 711 
of the Coast Guard and Maritime Transpor-
tation Act of 2012 (46 U.S.C. 70101 note) or the 
Border Enforcement Security Task Force estab-
lished under section 432. 
‘‘(3) DUPLICATION
OF
EFFORTS.—In deter-
mining whether to establish a new IBET or to expand 
an existing IBET in a given region, the Secretary 
shall ensure that the IBET under consideration does 
not duplicate the efforts of other existing interagency 
task forces or centers within such region, including 
the Integrated Cross-Border Maritime Law Enforce-
ment Operation Program established under section 
711 of the Coast Guard and Maritime Transportation 
Act of 2012 (46 U.S.C. 70101 note) or the Border En-
forcement Security Task Force established under sec-
tion 432. 
‘‘(d) OPERATION.— 
‘‘(1) IN
GENERAL.—After determining the re-
gions in which to establish IBETs, the Secretary 
may— 
‘‘(A) direct the assignment of Federal per-
sonnel to such IBETs; and 
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‘‘(B) take other actions to assist Federal, 
State, local, and tribal entities to participate in 
such IBETs, including providing financial as-
sistance, as appropriate, for operational, admin-
istrative, and technological costs associated with 
such participation. 
‘‘(2) LIMITATION.—Coast Guard personnel as-
signed under paragraph (1) may be assigned only for 
the purposes of securing the maritime borders of the 
United 
States, 
in 
accordance 
with 
subsection 
(c)(1)(C). 
‘‘(e) COORDINATION.—The Secretary shall coordinate 
the IBET program with other similar border security and 
antiterrorism programs within the Department in accord-
ance with the strategic objectives of the Cross-Border Law 
Enforcement Advisory Committee. 
‘‘(f) MEMORANDA
OF UNDERSTANDING.—The Sec-
retary may enter into memoranda of understanding with 
appropriate representatives of the entities specified in sub-
section (c)(1) necessary to carry out the IBET program. 
‘‘(g) REPORT.—Not later than 180 days after the date 
on which an IBET is established and biannually thereafter 
for the following six years, the Secretary shall submit to 
the appropriate congressional committees, including the 
Committee on Homeland Security of the House of Rep-
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resentatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate, and in the case of Coast 
Guard personnel used to secure the maritime borders of the 
United States, additionally to the Committee on Transpor-
tation and Infrastructure of the House of Representatives, 
a report that— 
‘‘(1) describes the effectiveness of IBETs in ful-
filling the purposes specified in subsection (b); 
‘‘(2) assess the impact of certain challenges on 
the sustainment of cross-border IBET operations, in-
cluding challenges faced by international partners; 
‘‘(3) addresses ways to support joint training for 
IBET stakeholder agencies and radio interoperability 
to allow for secure cross-border radio communica-
tions; and 
‘‘(4) assesses how IBETs, Border Enforcement 
Security Task Forces, and the Integrated Cross-Bor-
der Maritime Law Enforcement Operation Program 
can better align operations, including interdiction 
and investigation activities.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of the Homeland Security Act of 2002 is 
amended by adding after the item relating to section 434 
the following new item: 
‘‘Sec. 435. Integrated Border Enforcement Teams.’’. 
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SEC. 127. TUNNEL TASK FORCES. 
The Secretary is authorized to establish Tunnel Task 
Forces for the purposes of detecting and remediating tunnels 
that breach the international borders of the United States. 
Subtitle B—Personnel 
SEC. 131. ADDITIONAL U.S. CUSTOMS AND BORDER PROTEC-
TION AGENTS AND OFFICERS. 
(a) BORDER PATROL AGENTS.—Not later than Sep-
tember 30, 2021, the Commissioner of U.S. Customs and 
Border Protection shall hire, train, and assign sufficient 
agents to maintain an active duty presence of not fewer 
than 26,370 full-time equivalent agents. 
(b) CBP OFFICERS.—In addition to positions author-
ized before the date of the enactment of this Act and any 
existing officer vacancies within U.S. Customs and Border 
Protection as of such date, the Commissioner shall hire, 
train, and assign to duty, not later than September 30, 
2021— 
(1) sufficient U.S. Customs and Border Protec-
tion officers to maintain an active duty presence of 
not fewer than 27,725 full-time equivalent officers; 
and 
(2) 350 full-time support staff distributed among 
all United States ports of entry. 
(c) AIR AND MARINE OPERATIONS.—Not later than 
September 30, 2021, the Commissioner of U.S. Customs and 
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Border Protection shall hire, train, and assign sufficient 
agents for Air and Marine Operations of U.S. Customs and 
Border Protection to maintain not fewer than 1,675 full- 
time equivalent agents and not fewer than 264 Marine and 
Air Interdiction Agents for southern border air and mari-
time operations. 
(d) U.S. CUSTOMS AND BORDER PROTECTION K–9 
UNITS AND HANDLERS.— 
(1) K–9 UNITS.—Not later than September 30, 
2021, the Commissioner shall deploy not fewer than 
300 new K–9 units, with supporting officers of U.S. 
Customs and Border Protection and other required 
staff, at land ports of entry and checkpoints, on the 
southern border and the northern border. 
(2) USE OF CANINES.—The Commissioner shall 
prioritize the use of canines at the primary inspection 
lanes at land ports of entry and checkpoints. 
(e) U.S. CUSTOMS AND BORDER PROTECTION HORSE-
BACK UNITS.— 
(1) INCREASE.—Not later than September 30, 
2021, the Commissioner shall increase the number of 
horseback units, with supporting officers of U.S. Cus-
toms and Border Protection and other required staff, 
by not fewer than 100 officers and 50 horses for secu-
rity patrol along the Southern border. 
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(2) FUNDING LIMITATION.—Of the amounts au-
thorized to be appropriated for U.S. Customs and 
Border Protection under this Act, not more than one 
percent may be used for the purchase of additional 
horses, the construction of new stables, maintenance 
and improvements of existing stables, and for feed, 
medicine, and other resources needed to maintain the 
health and well-being of the horses that serve in the 
horseback units. 
(f) U.S. CUSTOMS AND BORDER PROTECTION SEARCH 
TRAUMA AND RESCUE TEAMS.—Not later than September 
30, 2021, the Commissioner shall increase by not fewer than 
50 the number of officers engaged in search and rescue ac-
tivities along the southern border. 
(g) U.S. CUSTOMS AND BORDER PROTECTION TUNNEL 
DETECTION AND TECHNOLOGY PROGRAM.—Not later than 
September 30, 2021, the Commissioner shall increase by not 
fewer than 50 the number of officers assisting task forces 
and activities related to deployment and operation of border 
tunnel detection technology and apprehensions of individ-
uals using such tunnels for crossing into the United States, 
drug trafficking, or human smuggling. 
(h) AGRICULTURAL SPECIALISTS.—Not later than 
September 30, 2021, the Secretary shall hire, train, and as-
sign to duty, in addition to the officers and agents author-
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ized under subsections (a) through (g), 631 U.S. Customs 
and Border Protection agricultural specialists to ports of 
entry along the southern border and the northern border. 
(i) OFFICE OF PROFESSIONAL RESPONSIBILITY.—Not 
later than September 30, 2021, the Commissioner shall hire, 
train, and assign sufficient Office of Professional Responsi-
bility special agents to maintain an active duty presence 
of not fewer than 550 full-time equivalent special agents. 
(j) GAO REPORT.—If the staffing levels required under 
this section are not achieved by September 30, 2021, the 
Comptroller General of the United States shall conduct a 
review of the reasons why such levels were not achieved. 
SEC. 132. U.S. CUSTOMS AND BORDER PROTECTION RETEN-
TION INCENTIVES. 
(a) DEFINITIONS.—In this section: 
(1) COVERED AREA.—The term ‘‘covered area’’ 
means a geographic area that the Secretary deter-
mines is in a remote location or is an area for which 
it is difficult to find full-time permanent covered 
CBP employees, as compared to other ports of entry 
or Border Patrol sectors. 
(2) COVERED CBP EMPLOYEE.—The term ‘‘cov-
ered CBP employee’’ means an employee of U.S. Cus-
toms and Border Protection performing activities that 
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are critical to border security or customs enforcement, 
as determined by the Commissioner. 
(3) RATE
OF
BASIC
PAY.—The term ‘‘rate of 
basic pay’’— 
(A) means the rate of pay fixed by law or 
administrative action for the position to which 
an employee is appointed before deductions and 
including any special rate under subpart C of 
part 530 of title 5, Code of Federal Regulations, 
or similar payment under other legal authority, 
and any locality-based comparability payment 
under subpart F of part 531 of title 5, Code of 
Federal Regulations, or similar payment under 
other legal authority, but excluding additional 
pay of any other kind; and 
(B) does not include additional pay, such 
as night shift differentials under section 5343(f) 
of title 5, United States Code, or environmental 
differentials under section 5343(c)(4) of such 
title. 
(4) SPECIAL RATE OF PAY.—The term ‘‘special 
rate of pay’’ means a higher than normal rate of pay 
that exceeds the otherwise applicable rate of basic pay 
for a similar covered CBP employee at a land port 
of entry. 
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(b) HIRING INCENTIVES.— 
(1) IN GENERAL.—To the extent necessary for 
U.S. Customs and Border Protection to hire, train, 
and deploy qualified officers and employees, and to 
the extent necessary to meet the requirements set forth 
in section 131, the Commissioner, with the approval 
of the Secretary, may pay a hiring bonus of $10,000 
to a covered CBP employee, after the covered CBP 
completes initial basic training and executes a writ-
ten agreement required under paragraph (2). 
(2) WRITTEN AGREEMENT.—The payment of a 
hiring bonus to a covered CBP employee under para-
graph (1) is contingent upon the covered CBP em-
ployee entering into a written agreement with U.S. 
Customs and Border Protection to complete more 
than two years of employment with U.S. Customs and 
Border Protection beginning on the date on which the 
agreement is signed. Such agreement shall include— 
(A) the amount of the hiring bonus; 
(B) the conditions under which the agree-
ment may be terminated before the required pe-
riod of service is completed and the effect of such 
termination; 
(C) the length of the required service period; 
and 
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(D) any other terms and conditions under 
which the hiring bonus is payable, subject to the 
requirements under this section. 
(3) FORM OF PAYMENT.—A signing bonus paid 
to a covered CBP employee under paragraph (1) shall 
be paid in a single payment after the covered CBP 
employee completes initial basic training and enters 
on duty and executed the agreement under paragraph 
(2). 
(4) EXCLUSION OF SIGNING BONUS FROM RATE 
OF PAY.—A signing bonus paid to a covered CBP em-
ployee under paragraph (1) shall not be considered 
part of the rate of basic pay of the covered CBP em-
ployee for any purpose. 
(5) EFFECTIVE DATE AND SUNSET.—This sub-
section shall take effect on the date of the enactment 
of this Act and shall remain in effect until the earlier 
of— 
(A) September 30, 2019; or 
(B) the date on which U.S. Customs and 
Border Protection has 26,370 full-time equiva-
lent agents. 
(c) RETENTION INCENTIVES.— 
(1) IN GENERAL.—To the extent necessary for 
U.S. Customs and Border Protection to retain quali-
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fied employees, and to the extent necessary to meet the 
requirements set forth in section 131, the Commis-
sioner, with the approval of the Secretary, may pay 
a retention incentive to a covered CBP employee who 
has been employed with U.S. Customs and Border 
Protection for a period of longer than two consecutive 
years, and the Commissioner determines that, in the 
absence of the retention incentive, the covered CBP 
employee would likely— 
(A) leave the Federal service; or 
(B) transfer to, or be hired into, a different 
position within the Department (other than an-
other position in CBP). 
(2) WRITTEN AGREEMENT.—The payment of a 
retention incentive to a covered CBP employee under 
paragraph (1) is contingent upon the covered CBP 
employee entering into a written agreement with U.S. 
Customs and Border Protection to complete more 
than two years of employment with U.S. Customs and 
Border Protection beginning on the date on which the 
CBP employee enters on duty and the agreement is 
signed. Such agreement shall include— 
(A) the amount of the retention incentive; 
(B) the conditions under which the agree-
ment may be terminated before the required pe-
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riod of service is completed and the effect of such 
termination; 
(C) the length of the required service period; 
and 
(D) any other terms and conditions under 
which the retention incentive is payable, subject 
to the requirements under this section. 
(3) CRITERIA.—When determining the amount of 
a retention incentive paid to a covered CBP employee 
under paragraph (1), the Commissioner shall con-
sider— 
(A) the length of the Federal service and ex-
perience of the covered CBP employee; 
(B) the salaries for law enforcement officers 
in other Federal agencies; and 
(C) the costs of replacing the covered CBP 
employee, including the costs of training a new 
employee. 
(4) AMOUNT OF RETENTION INCENTIVE.—A re-
tention incentive paid to a covered CBP employee 
under paragraph (1)— 
(A) shall be approved by the Secretary and 
the Commissioner; 
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(B) shall be stated as a percentage of the 
employee’s rate of basic pay for the service pe-
riod associated with the incentive; and 
(C) may not exceed $25,000 for each year of 
the written agreement. 
(5) FORM OF PAYMENT.—A retention incentive 
paid to a covered CBP employee under paragraph (1) 
shall be paid as a single payment at the end of the 
fiscal year in which the covered CBP employee en-
tered into an agreement under paragraph (2), or in 
equal installments during the life of the service agree-
ment, as determined by the Commissioner. 
(6) EXCLUSION OF RETENTION INCENTIVE FROM 
RATE OF PAY.—A retention incentive paid to a cov-
ered CBP employee under paragraph (1) shall not be 
considered part of the rate of basic pay of the covered 
CBP employee for any purpose. 
(d) PILOT PROGRAM ON SPECIAL RATES OF PAY IN 
COVERED AREAS.— 
(1) IN GENERAL.—The Commissioner may estab-
lish a pilot program to assess the feasibility and ad-
visability of using special rates of pay for covered 
CBP employees in covered areas, as designated on the 
date of the enactment of this Act, to help meet the re-
quirements set forth in section 131. 
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(2) MAXIMUM AMOUNT.—The rate of basic pay of 
a covered CBP employee paid a special rate of pay 
under the pilot program may not exceed 125 percent 
of the otherwise applicable rate of basic pay of the 
covered CBP employee. 
(3) TERMINATION.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the pilot program shall termi-
nate on the date that is two years after the date 
of the enactment of this Act. 
(B) EXTENSION.—If the Secretary deter-
mines that the pilot program is performing sat-
isfactorily and there are metrics that prove its 
success in meeting the requirements set forth in 
section 131, the Secretary may extend the pilot 
program until the date that is four years after 
the date of the enactment of this Act. 
(4) REPORT TO CONGRESS.—Shortly after the 
pilot program terminates under paragraph (3), the 
Commissioner shall submit a report to the Committee 
on Homeland Security and Governmental Affairs of 
the Senate, the Committee on the Judiciary of the 
Senate, the Committee on Homeland Security of the 
House of Representatives, and the Committee on the 
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Judiciary of the House of Representatives that de-
tails— 
(A) the total amount paid to covered CBP 
employees under the pilot program; and 
(B) the covered areas in which the pilot 
program was implemented. 
(e) SALARIES.— 
(1) IN
GENERAL.—Section 101(b) of the En-
hanced Border Security and Visa Entry Reform Act 
of 2002 (8 U.S.C. 1711(b)) is amended to read as fol-
lows: 
‘‘(b) AUTHORIZATION OF APPROPRIATIONS FOR CBP 
EMPLOYEES.—There are authorized to be appropriated to 
U.S. Customs and Border Protection such sums as may be 
necessary to increase, effective January 1, 2018, the annual 
rate of basic pay for U.S. Customs and Border Protection 
employees who have completed at least one year of service— 
‘‘(1) to the annual rate of basic pay payable for 
positions at GS–12, step 1 of the General Schedule 
under subchapter III of chapter 53 of title 5, United 
States Code, for officers and agents who are receiving 
the annual rate of basic pay payable for a position 
at GS–5, GS–6, GS–7, GS–8, or GS–9 of the General 
Schedule; 
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‘‘(2) to the annual rate of basic pay payable for 
positions at GS–12, step 10 of the General Schedule 
under such subchapter for supervisory CBP officers 
and supervisory agents who are receiving the annual 
rate of pay payable for a position at GS–10 of the 
General Schedule; 
‘‘(3) to the annual rate of basic pay payable for 
positions at GS–14, step 1 of the General Schedule 
under such subchapter for supervisory CBP officers 
and supervisory agents who are receiving the annual 
rate of pay payable for a position at GS–11 of the 
General Schedule; 
‘‘(4) to the annual rate of basic pay payable for 
positions at GS–12, step 10 of the General Schedule 
under such subchapter for supervisory CBP officers 
and supervisory Border Patrol agents who are receiv-
ing the annual rate of pay payable for a position at 
GS–12 or GS–13 of the General Schedule; and 
‘‘(5) to the annual rate of basic pay payable for 
positions at GS–8, GS–9, or GS–10 of the General 
Schedule for assistants who are receiving an annual 
rate of pay payable for positions at GS–5, GS–6, or 
GS–7 of the General Schedule, respectively.’’. 
(2) HARDSHIP DUTY PAY.—In addition to com-
pensation to which Border Patrol agents are other-
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wise entitled, Border Patrol agents who are assigned 
to rural areas shall be entitled to receive hardship 
duty pay, in lieu of a retention incentive under sub-
section (b), in an amount determined by the Commis-
sioner, which may not exceed the rate of special pay 
to which members of a uniformed service are entitled 
under section 310 of title 37, United States Code. 
(3) OVERTIME LIMITATION.—Section 5(c)(1) of 
the Act of February 13, 1911 (19 U.S.C. 267(c)(1)) 
is amended by striking ‘‘$25,000’’ and inserting 
‘‘$45,000’’. 
SEC. 133. ANTI-BORDER CORRUPTION REAUTHORIZATION 
ACT. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Anti-Border Corruption Reauthorization Act of 2017’’. 
(b) HIRING FLEXIBILITY.—Section 3 of the Anti-Bor-
der Corruption Act of 2010 (6 U.S.C. 221) is amended by 
striking subsection (b) and inserting the following new sub-
sections: 
‘‘(b) WAIVER AUTHORITY.—The Commissioner of U.S. 
Customs and Border Protection may waive the application 
of subsection (a)(1)— 
‘‘(1) to a current, full-time law enforcement offi-
cer employed by a State or local law enforcement 
agency who— 
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‘‘(A) has continuously served as a law en-
forcement officer for not fewer than three years; 
‘‘(B) is authorized by law to engage in or 
supervise the prevention, detection, investigation, 
or prosecution of, or the incarceration of any 
person for, any violation of law, and has statu-
tory powers for arrest or apprehension; 
‘‘(C) is not currently under investigation, 
has not been found to have engaged in criminal 
activity or serious misconduct, has not resigned 
from a law enforcement officer position under 
investigation or in lieu of termination, and has 
not been dismissed from a law enforcement offi-
cer position; and 
‘‘(D) has, within the past ten years, success-
fully completed a polygraph examination as a 
condition of employment with such officer’s cur-
rent law enforcement agency; 
‘‘(2) to a current, full-time Federal law enforce-
ment officer who— 
‘‘(A) has continuously served as a law en-
forcement officer for not fewer than three years; 
‘‘(B) is authorized to make arrests, conduct 
investigations, conduct searches, make seizures, 
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carry firearms, and serve orders, warrants, and 
other processes; 
‘‘(C) is not currently under investigation, 
has not been found to have engaged in criminal 
activity or serious misconduct, has not resigned 
from a law enforcement officer position under 
investigation or in lieu of termination, and has 
not been dismissed from a law enforcement offi-
cer position; and 
‘‘(D) holds a current Tier 4 background in-
vestigation or current Tier 5 background inves-
tigation; and 
‘‘(3) to a member of the Armed Forces (or a re-
serve component thereof) or a veteran, if such indi-
vidual— 
‘‘(A) has served in the Armed Forces for not 
fewer than three years; 
‘‘(B) holds, or has held within the past five 
years, a Secret, Top Secret, or Top Secret/Sen-
sitive Compartmented Information clearance; 
‘‘(C) holds, or has undergone within the 
past five years, a current Tier 4 background in-
vestigation or current Tier 5 background inves-
tigation; 
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‘‘(D) received, or is eligible to receive, an 
honorable discharge from service in the Armed 
Forces and has not engaged in criminal activity 
or committed a serious military or civil offense 
under the Uniform Code of Military Justice; and 
‘‘(E) was not granted any waivers to obtain 
the clearance referred to subparagraph (B). 
‘‘(c) TERMINATION OF WAIVER AUTHORITY.—The au-
thority to issue a waiver under subsection (b) shall termi-
nate on the date that is four years after the date of the 
enactment of the Border Security for America Act of 2017.’’. 
(c) SUPPLEMENTAL COMMISSIONER AUTHORITY AND 
DEFINITIONS.— 
(1) SUPPLEMENTAL
COMMISSIONER
AUTHOR-
ITY.—Section 4 of the Anti-Border Corruption Act of 
2010 is amended to read as follows: 
‘‘SEC. 4. SUPPLEMENTAL COMMISSIONER AUTHORITY. 
‘‘(a) NON-EXEMPTION.—An individual who receives a 
waiver under section 3(b) is not exempt from other hiring 
requirements relating to suitability for employment and eli-
gibility to hold a national security designated position, as 
determined by the Commissioner of U.S. Customs and Bor-
der Protection. 
‘‘(b) BACKGROUND INVESTIGATIONS.—Any individual 
who receives a waiver under section 3(b) who holds a cur-
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rent Tier 4 background investigation shall be subject to a 
Tier 5 background investigation. 
‘‘(c) ADMINISTRATION
OF
POLYGRAPH
EXAMINA-
TION.—The Commissioner of U.S. Customs and Border 
Protection is authorized to administer a polygraph exam-
ination to an applicant or employee who is eligible for or 
receives a waiver under section 3(b) if information is dis-
covered before the completion of a background investigation 
that results in a determination that a polygraph examina-
tion is necessary to make a final determination regarding 
suitability for employment or continued employment, as the 
case may be.’’. 
(2) REPORT.—The Anti-Border Corruption Act 
of 2010, as amended by paragraph (1), is further 
amended by adding at the end the following new sec-
tion: 
‘‘SEC. 5. REPORTING. 
‘‘(a) ANNUAL REPORT.—Not later than one year after 
the date of the enactment of this section and annually there-
after while the waiver authority under section 3(b) is in 
effect, the Commissioner of U.S. Customs and Border Pro-
tection shall submit to Congress a report that includes, with 
respect to each such reporting period— 
‘‘(1) the number of waivers requested, granted, 
and denied under section 3(b); 
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‘‘(2) the reasons for any denials of such waiver; 
‘‘(3) the percentage of applicants who were hired 
after receiving a waiver; 
‘‘(4) the number of instances that a polygraph 
was administered to an applicant who initially re-
ceived a waiver and the results of such polygraph; 
‘‘(5) an assessment of the current impact of the 
polygraph waiver program on filling law enforcement 
positions at U.S. Customs and Border Protection; and 
‘‘(6) additional authorities needed by U.S. Cus-
toms and Border Protection to better utilize the poly-
graph waiver program for its intended goals. 
‘‘(b) ADDITIONAL INFORMATION.—The first report sub-
mitted under subsection (a) shall include— 
‘‘(1) an analysis of other methods of employment 
suitability tests that detect deception and could be 
used in conjunction with traditional background in-
vestigations to evaluate potential employees for suit-
ability; and 
‘‘(2) a recommendation regarding whether a test 
referred to in paragraph (1) should be adopted by 
U.S. Customs and Border Protection when the poly-
graph examination requirement is waived pursuant 
to section 3(b).’’. 
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(3) DEFINITIONS.—The Anti-Border Corruption 
Act of 2010, as amended by paragraphs (1) and (2), 
is further amended by adding at the end the following 
new section: 
‘‘SEC. 6. DEFINITIONS. 
‘‘In this Act: 
‘‘(1) FEDERAL LAW ENFORCEMENT OFFICER.— 
The term ‘Federal law enforcement officer’ means a 
‘law enforcement officer’ defined in section 8331(20) 
or 8401(17) of title 5, United States Code. 
‘‘(2) SERIOUS MILITARY OR CIVIL OFFENSE.— 
The term ‘serious military or civil offense’ means an 
offense for which— 
‘‘(A) a member of the Armed Forces may be 
discharged or separated from service in the 
Armed Forces; and 
‘‘(B) a punitive discharge is, or would be, 
authorized for the same or a closely related of-
fense under the Manual for Court-Martial, as 
pursuant to Army Regulation 635-200 chapter 
14–12. 
‘‘(3) TIER 4; TIER 5.—The terms ‘Tier 4’ and 
‘Tier 5’ with respect to background investigations 
have the meaning given such terms under the 2012 
Federal Investigative Standards. 
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‘‘(4) VETERAN.—The term ‘veteran’ has the 
meaning given such term in section 101(2) of title 38, 
United States Code.’’. 
(d) POLYGRAPH EXAMINERS.—Not later than Sep-
tember 30, 2021, the Secretary shall increase to not fewer 
than 150 the number of trained full-time equivalent poly-
graph examiners for administering polygraphs under the 
Anti-Border Corruption Act of 2010, as amended by this 
subtitle. 
SEC. 134. TRAINING FOR OFFICERS AND AGENTS OF U.S. 
CUSTOMS AND BORDER PROTECTION. 
(a) IN GENERAL.—Subsection (l) of section 411 of the 
Homeland Security Act of 2002 (6 U.S.C. 211) is amended 
to read as follows: 
‘‘(l) TRAINING AND CONTINUING EDUCATION.— 
‘‘(1) MANDATORY
TRAINING
AND
CONTINUING 
EDUCATION.—The Commissioner shall ensure that 
every agent and officer of U.S. Customs and Border 
Protection receives a minimum of 21 weeks of train-
ing that are directly related to the mission of the U.S. 
Border Patrol, Air and Marine, and the Office of 
Field Operations before the initial assignment of such 
agents and officers. 
‘‘(2) FLETC.—The Commissioner shall work in 
consultation with the Director of the Federal Law 
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Enforcement Training Centers to establish guidelines 
and curriculum for the training of agents and officers 
of U.S. Customs and Border Protection under sub-
section (a). 
‘‘(3) CONTINUING
EDUCATION.—The Commis-
sioner shall annually require all agents and officers 
of U.S. Customs and Border Protection who are re-
quired to undergo training under subsection (a) to 
participate in not fewer than eight hours of con-
tinuing education annually to maintain and update 
understanding of Federal legal rulings, court deci-
sions, and Department policies, procedures, and 
guidelines related to relevant subject matters. 
‘‘(4) LEADERSHIP TRAINING.—Not later than one 
year after the date of the enactment of this subsection, 
the Commissioner shall develop and require training 
courses geared towards the development of leadership 
skills for mid- and senior-level career employees not 
later than one year after such employees assume du-
ties in supervisory roles.’’. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Commissioner shall submit 
to the Committee on Homeland Security and the Committee 
on Ways and Means of the House of Representatives and 
the Committee on Homeland Security and Governmental 
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Affairs and the Committee on Finance of the Senate a re-
port identifying the guidelines and curriculum established 
to carry out subsection (l) of section 411 of the Homeland 
Security Act of 2002, as amended by subsection (a) of this 
section. 
(c) ASSESSMENT.—Not later than four years after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall submit to the Committee on 
Homeland Security of the House of Representatives and the 
Committee on Homeland Security and Governmental Af-
fairs of the Senate a report that assesses the training and 
education, including continuing education, required under 
subsection (l) of section 411 of the Homeland Security Act 
of 2002, as amended by subsection (a) of this section. 
Subtitle C—Grants 
SEC. 141. OPERATION STONEGARDEN. 
(a) IN GENERAL.—Subtitle A of title XX of the Home-
land Security Act of 2002 (6 U.S.C. 601 et seq.) is amended 
by adding at the end the following new section: 
‘‘SEC. 2009. OPERATION STONEGARDEN. 
‘‘(a) ESTABLISHMENT.—There is established in the De-
partment a program to be known as ‘Operation 
Stonegarden’, under which the Secretary, acting through the 
Administrator, shall make grants to eligible law enforce-
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ment agencies, through the State administrative agency, to 
enhance border security in accordance with this section. 
‘‘(b) ELIGIBLE RECIPIENTS.—To be eligible to receive 
a grant under this section, a law enforcement agency— 
‘‘(1) shall be located in— 
‘‘(A) a State bordering Canada or Mexico; 
or 
‘‘(B) a State or territory with a maritime 
border; and 
‘‘(2) shall be involved in an active, ongoing, U.S. 
Customs and Border Protection operation coordinated 
through a U.S. Border Patrol sector office. 
‘‘(c) PERMITTED USES.—The recipient of a grant 
under this section may use such grant for— 
‘‘(1) equipment, including maintenance and 
sustainment costs; 
‘‘(2) personnel, including overtime and backfill, 
in support of enhanced border law enforcement activi-
ties; 
‘‘(3) any activity permitted for Operation 
Stonegarden under the Department of Homeland Se-
curity’s Fiscal Year 2017 Homeland Security Grant 
Program Notice of Funding Opportunity; and 
‘‘(4) any other appropriate activity, as deter-
mined by the Administrator, in consultation with the 
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Commissioner of U.S. Customs and Border Protec-
tion. 
‘‘(d) PERIOD OF PERFORMANCE.—The Secretary shall 
award grants under this section to grant recipients for a 
period of not less than 36 months. 
‘‘(e) REPORT.—For each of the fiscal years 2018 
through 2022, the Administrator shall submit to the Com-
mittee on Homeland Security and Governmental Affairs of 
the Senate and the Committee on Homeland Security of the 
House of Representatives a report that contains informa-
tion on the expenditure of grants made under this section 
by each grant recipient. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $110,000,000 for each of the 
fiscal years 2018 through 2022 for grants under this sec-
tion.’’. 
(b) CONFORMING AMENDMENT.—Subsection (a) of sec-
tion 2002 of the Homeland Security Act of 2002 (6 U.S.C. 
603) is amended to read as follows: 
‘‘(a) GRANTS AUTHORIZED.—The Secretary, through 
the Administrator, may award grants under sections 2003, 
2004, and 2009 to State, local, and tribal governments, as 
appropriate.’’. 
(c) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of the Homeland Security Act of 2002 is 
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amended by inserting after the item relating to section 2008 
the following: 
‘‘Sec. 2009. Operation Stonegarden.’’. 
Subtitle D—Authorization of 
Appropriations 
SEC. 151. AUTHORIZATION OF APPROPRIATIONS. 
In addition to amounts otherwise authorized to be ap-
propriated, there are authorized to be appropriated for each 
of the fiscal years 2018 through 2021, $2,500,000,000 to im-
plement this title and the amendments made by this title, 
of which— 
(1) $10,000,000 shall be used by the Department 
of Homeland Security to implement Vehicle and Dis-
mount Exploitation Radars (VADER) in border secu-
rity operations; 
(2) $200,000,000 shall be used by the Depart-
ment of State to implement section 119; and 
(3) $200,000,000 shall be used by the United 
States Coast Guard to implement paragraph (18) of 
section 113(a). 
TITLE II—EMERGENCY PORT OF 
ENTRY PERSONNEL AND IN-
FRASTRUCTURE FUNDING 
SEC. 201. PORTS OF ENTRY INFRASTRUCTURE. 
(a) ADDITIONAL PORTS OF ENTRY.— 
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(1) AUTHORITY.—The Secretary may construct 
new ports of entry along the northern border and 
southern border and determine the location of any 
such new ports of entry. 
(2) CONSULTATION.— 
(A) REQUIREMENT TO CONSULT.—The Sec-
retary shall consult with the Secretary of State, 
the Secretary of the Interior, the Secretary of Ag-
riculture, the Secretary of Transportation, the 
Administrator of General Services, and appro-
priate representatives of State and local govern-
ments, and Indian tribes, and property owners 
in the United States prior to selecting a location 
for any new port constructed pursuant to para-
graph (1). 
(B) CONSIDERATIONS.—The purpose of the 
consultations required by subparagraph (A) shall 
be to minimize any negative impacts of such a 
new port on the environment, culture, commerce, 
and quality of life of the communities and resi-
dents located near such new port. 
(b) EXPANSION AND MODERNIZATION OF HIGH-VOL-
UME SOUTHERN BORDER PORTS OF ENTRY.—Not later 
than September 30, 2021, the Secretary shall expand or 
modernize the primary and secondary inspection lanes for 
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vehicle, cargo, and pedestrian inbound and outbound in-
spection lanes at ports of entry on the southern border, as 
determined by the Secretary, for the purposes of reducing 
wait times and enhancing security, as determined by the 
Secretary. 
(c) PORT OF ENTRY PRIORITIZATION.—Prior to con-
structing any new ports of entry pursuant to subsection (a), 
the Secretary shall complete the expansion and moderniza-
tion of ports of entry pursuant to subsection (b) to the extent 
practicable. 
(d) NOTIFICATIONS.— 
(1) RELATING TO NEW PORTS OF ENTRY.—Not 
later than 15 days after determining the location of 
any new port of entry for construction pursuant to 
subsection (a), the Secretary shall notify the Members 
of Congress who represent the State or congressional 
district in which such new port of entry will be lo-
cated, as well as the Committee on Homeland Secu-
rity and Governmental Affairs, the Committee on Fi-
nance, and the Committee on the Judiciary of the 
Senate, and the Committee on Homeland Security, 
the Committee on Ways and Means, and the Com-
mittee on the Judiciary of the House of Representa-
tives. Such notification shall include information re-
lating to the location of such new port of entry, a de-
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scription of the need for such new port of entry and 
associated anticipated benefits, a description of the 
consultations undertaken by the Secretary pursuant 
to paragraph (2) of such subsection, any actions that 
will be taken to minimize negative impacts of such 
new port of entry, and the anticipated time-line for 
construction and completion of such new port of 
entry. 
(2) RELATING
TO
HIGH
VOLUME.—Not later 
than 180 days after enactment of this Act, the Sec-
retary shall notify the Committee on Homeland Secu-
rity and Governmental Affairs, the Committee on Fi-
nance, and the Committee on the Judiciary of the 
Senate, and the Committee on Homeland Security, 
the Committee on Ways and Means, and the Com-
mittee on the Judiciary of the House of Representa-
tives of the top ten high-volume ports of entry on the 
southern border pursuant to subsection (b) and the 
Secretary’s plan for expanding or modernizing the 
primary and secondary inspection lanes at each such 
port of entry. 
SEC. 202. SECURE COMMUNICATIONS. 
(a) IN GENERAL.—The Secretary shall ensure that 
each U.S. Customs and Border Protection and U.S. Immi-
gration and Customs Enforcement officer or agent, if appro-
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priate, is equipped with a secure two-way communication 
device, supported by system interoperability, that allows 
each such officer to communicate— 
(1) between ports of entry and inspection sta-
tions; and 
(2) with other Federal, State, tribal, and local 
law enforcement entities. 
(b) LAND BORDER AGENTS AND OFFICERS.—The Sec-
retary shall ensure that each U.S. Customs and Border Pro-
tection agent or officer assigned or required to patrol on 
foot, by horseback, or with a canine unit, in remote mission 
critical locations, and at border checkpoints, has a multi- 
or dual-band encrypted portable radio. 
SEC. 203. BORDER SECURITY DEPLOYMENT PROGRAM. 
(a) EXPANSION.—Not later than September 30, 2021, 
the Secretary shall fully implement the Border Security De-
ployment Program of the U.S. Customs and Border Protec-
tion and expand the integrated surveillance and intrusion 
detection system at land ports of entry along the southern 
border and the northern border. 
(b) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to amounts otherwise authorized to be appropriated for 
such purpose, there is authorized to be appropriated 
$33,000,000 for fiscal year 2018 to carry out subsection (a). 
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SEC. 204. PILOT AND UPGRADE OF LICENSE PLATE READ-
ERS AT PORTS OF ENTRY. 
(a) UPGRADE.—Not later than one year after the date 
of the enactment of this Act, the Commissioner of U.S. Cus-
toms and Border Protection shall upgrade all existing li-
cense plate readers on the northern and southern borders 
on incoming and outgoing vehicle lanes. 
(b) PILOT PROGRAM.—Not later than 90 days after the 
date of the enactment of this Act, the Commissioner of U.S. 
Customs and Border Protection shall conduct a one-month 
pilot program on the southern border using license plate 
readers for one to two cargo lanes at the top three high- 
volume land ports of entry or checkpoints to determine their 
effectiveness in reducing cross-border wait times for com-
mercial traffic and tractor-trailers. 
(c) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary shall report to 
the Committee on Homeland Security and Governmental 
Affairs, the Committee on the Judiciary, and the Committee 
on Finance of the Senate, and the Committee on Homeland 
Security, and Committee on the Judiciary, and the Com-
mittee on Ways and Means of the House of Representatives 
the results of the pilot program under subsection (b) and 
make recommendations for implementing use of such tech-
nology on the southern border. 
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(d) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to amounts otherwise authorized to be appropriated for 
such purpose, there is authorized to be appropriated 
$125,000,000 for fiscal year 2018 to carry out subsection 
(a). 
SEC. 205. NON-INTRUSIVE INSPECTION OPERATIONAL DEM-
ONSTRATION. 
(a) IN GENERAL.—Not later than six months after the 
date of the enactment of this Act, the Commissioner shall 
establish a six-month operational demonstration to deploy 
a high-throughput non-intrusive passenger vehicle inspec-
tion system at not fewer than three land ports of entry 
along the United States-Mexico border with significant 
cross-border traffic. Such demonstration shall be located 
within the pre-primary traffic flow and should be scalable 
to span up to 26 contiguous in-bound traffic lanes without 
re-configuration of existing lanes. 
(b) REPORT.—Not later than 90 days after the conclu-
sion of the operational demonstration under subsection (a), 
the Commissioner shall submit to the Committee on Home-
land Security and the Committee on Ways and Means of 
the House of Representatives and the Committee on Home-
land Security and Governmental Affairs and the Committee 
on Finance of the Senate a report that describes the fol-
lowing: 
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(1) The effects of such demonstration on legiti-
mate travel and trade. 
(2) The effects of such demonstration on wait 
times, including processing times, for non-pedestrian 
traffic. 
(3) The effectiveness of such demonstration in 
combating terrorism and smuggling. 
SEC. 206. BIOMETRIC EXIT DATA SYSTEM. 
(a) IN GENERAL.—Subtitle B of title IV of the Home-
land Security Act of 2002 (6 U.S.C. 211 et seq.) is amended 
by inserting after section 417 the following new section: 
‘‘SEC. 418. BIOMETRIC ENTRY-EXIT. 
‘‘(a) ESTABLISHMENT.—The Secretary shall— 
‘‘(1) not later than 180 days after the date of the 
enactment of this section, submit to the Committee on 
Homeland Security and Governmental Affairs and 
the Committee on the Judiciary of the Senate and the 
Committee on Homeland Security and the Committee 
on the Judiciary of the House of Representatives an 
implementation plan to establish a biometric exit 
data system to complete the integrated biometric 
entry and exit data system required under section 
7208 of the Intelligence Reform and Terrorism Pre-
vention Act of 2004 (8 U.S.C. 1365b), including— 
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‘‘(A) an integrated master schedule and cost 
estimate, including requirements and design, de-
velopment, operational, and maintenance costs of 
such a system, that takes into account prior re-
ports on such matters issued by the Government 
Accountability Office and the Department; 
‘‘(B) cost-effective staffing and personnel re-
quirements of such a system that leverages exist-
ing resources of the Department that takes into 
account prior reports on such matters issued by 
the Government Accountability Office and the 
Department; 
‘‘(C) a consideration of training programs 
necessary to establish such a system that takes 
into account prior reports on such matters issued 
by the Government Accountability Office and the 
Department; 
‘‘(D) a consideration of how such a system 
will affect arrival and departure wait times that 
takes into account prior reports on such matter 
issued by the Government Accountability Office 
and the Department; 
‘‘(E) information received after consultation 
with private sector stakeholders, including the— 
‘‘(i) trucking industry; 
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‘‘(C) 15 United States land ports of entry 
that support the highest volume of vehicle, pedes-
trian, and cargo crossings, as determined by 
available Federal border crossing data. 
‘‘(b) IMPLEMENTATION.— 
‘‘(1) PILOT PROGRAM AT LAND PORTS OF ENTRY 
FOR
NON-PEDESTRIAN
OUTBOUND
TRAFFIC.—Not 
later than six months after the date of the enactment 
of this section, the Secretary, in collaboration with in-
dustry stakeholders, shall establish a six-month pilot 
program to test the biometric exit data system re-
ferred to in subsection (a)(2) on non-pedestrian out-
bound traffic at not fewer than three land ports of 
entry with significant cross-border traffic, including 
at not fewer than two land ports of entry on the 
southern land border and at least one land port of 
entry on the northern land border. Such pilot pro-
gram may include a consideration of more than one 
biometric mode, and shall be implemented to deter-
mine the following: 
‘‘(A) How a nationwide implementation of 
such biometric exit data system at land ports of 
entry shall be carried out. 
‘‘(B) The infrastructure required to carry 
out subparagraph (A). 
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‘‘(C) The effects of such pilot program on le-
gitimate travel and trade. 
‘‘(D) The effects of such pilot program on 
wait times, including processing times, for such 
non-pedestrian traffic. 
‘‘(E) The effects of such pilot program on 
combating terrorism. 
‘‘(F) The effects of such pilot program on 
identifying visa holders who violate the terms of 
their visas. 
‘‘(2) AT LAND PORTS OF ENTRY FOR NON-PEDES-
TRIAN OUTBOUND TRAFFIC.— 
‘‘(A) IN
GENERAL.—Not later than five 
years after the date of the enactment of this sec-
tion, the Secretary shall expand the biometric 
exit data system referred to in subsection (a)(2) 
to all land ports of entry, and such system shall 
apply only in the case of non-pedestrian out-
bound traffic. 
‘‘(B) EXTENSION.—The Secretary may ex-
tend for a single two-year period the date speci-
fied in subparagraph (A) if the Secretary cer-
tifies to the Committee on Homeland Security 
and Governmental Affairs and the Committee on 
the Judiciary of the Senate and the Committee 
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on Homeland Security and the Committee on the 
Judiciary of the House of Representatives that 
the 15 land ports of entry that support the high-
est volume of passenger vehicles, as determined 
by available Federal data, do not have the phys-
ical infrastructure or characteristics to install 
the systems necessary to implement a biometric 
exit data system. 
‘‘(3) AT AIR AND SEA PORTS OF ENTRY.—Not 
later than five years after the date of the enactment 
of this section, the Secretary shall expand the biomet-
ric exit data system referred to in subsection (a)(2) 
to all air and sea ports of entry. 
‘‘(4) AT
LAND
PORTS
OF
ENTRY
FOR
PEDES-
TRIANS.—Not later than five years after the date of 
the enactment of this section, the Secretary shall ex-
pand the biometric exit data system referred to in 
subsection (a)(2) to all land ports of entry, and such 
system shall apply only in the case of pedestrians. 
‘‘(c) EFFECTS ON AIR, SEA, AND LAND TRANSPOR-
TATION.—The Secretary, in consultation with appropriate 
private sector stakeholders, shall ensure that the collection 
of biometric data under this section causes the least possible 
disruption to the movement of people or cargo in air, sea, 
or land transportation, while fulfilling the goals of improv-
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ing counterterrorism efforts and identifying visa holders 
who violate the terms of their visas. 
‘‘(d) 
TERMINATION
OF
PROCEEDING.—Notwith-
standing any other provision of law, the Secretary shall, 
on the date of the enactment of this section, terminate the 
proceeding entitled ‘Collection of Alien Biometric Data 
Upon Exit From the United States at Air and Sea Ports 
of Departure; United States Visitor and Immigrant Status 
Indicator Technology Program (‘‘US-VISIT’’)’, issued on 
April 24, 2008 (73 Fed. Reg. 22065). 
‘‘(e) DATA-MATCHING.—The biometric exit data system 
established under this section shall— 
‘‘(1) match biometric information for an indi-
vidual who is departing the United States against bi-
ometric data previously provided to the United States 
Government by such individual for the purposes of 
international travel; 
‘‘(2) leverage the infrastructure and databases of 
the current biometric entry and exit system estab-
lished pursuant to section 7208 of the Intelligence Re-
form and Terrorism Prevention Act of 2004 (8 U.S.C. 
1365b) for the purpose described in paragraph (1); 
and 
‘‘(3) be interoperable with, and allow matching 
against, other Federal databases that— 
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‘‘(A) store biometrics of known or suspected 
terrorists; and 
‘‘(B) identify visa holders who violate the 
terms of their visas. 
‘‘(f) SCOPE.— 
‘‘(1) IN GENERAL.—The biometric exit data sys-
tem established under this section shall include a re-
quirement for the collection of biometric exit data at 
the time of departure for all categories of individuals 
who are required by the Secretary to provide biomet-
ric entry data. 
‘‘(2) EXCEPTION FOR CERTAIN OTHER INDIVID-
UALS.—This section shall not apply in the case of an 
individual who exits and then enters the United 
States on a passenger vessel (as such term is defined 
in section 2101 of title 46, United States Code) the 
itinerary of which originates and terminates in the 
United States. 
‘‘(3) EXCEPTION FOR LAND PORTS OF ENTRY.— 
This section shall not apply in the case of a United 
States or Canadian citizen who exits the United 
States through a land port of entry. 
‘‘(g) COLLECTION OF DATA.—The Secretary may not 
require any non-Federal person to collect biometric data, 
or contribute to the costs of collecting or administering the 
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biometric exit data system established under this section, 
except through a mutual agreement. 
‘‘(h) MULTI-MODAL COLLECTION.—In carrying out 
subsections (a)(1) and (b), the Secretary shall make every 
effort to collect biometric data using multiple modes of bio-
metrics. 
‘‘(i) FACILITIES.—All facilities at which the biometric 
exit data system established under this section is imple-
mented shall provide and maintain space for Federal use 
that is adequate to support biometric data collection and 
other inspection-related activity. For non-federally owned 
facilities, such space shall be provided and maintained at 
no cost to the Government. 
‘‘(j) NORTHERN LAND BORDER.—In the case of the 
northern land border, the requirements under subsections 
(a)(2)(C), (b)(2)(A), and (b)(4) may be achieved through 
the sharing of biometric data provided to U.S. Customs and 
Border Protection by the Canadian Border Services Agency 
pursuant to the 2011 Beyond the Border agreement. 
‘‘(k) FAIR AND OPEN COMPETITION.—The Secretary 
shall procure goods and services to implement this section 
via fair and open competition in accordance with the Fed-
eral Acquisition Regulations. 
‘‘(l) OTHER BIOMETRIC INITIATIVES.—The Secretary 
may pursue biometric initiatives at air, land, and sea ports 
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of entry for the purposes of border security and trade facili-
tation distinct from the biometric exit data system described 
in this section. 
‘‘(m) CONGRESSIONAL REVIEW.—Not later than 90 
days after the date of the enactment of this section, the Sec-
retary shall submit to the Committee on Homeland Security 
and Governmental Affairs of the Senate, the Committee on 
the Judiciary of the Senate, the Committee on Homeland 
Security of the House of Representatives, and Committee 
on the Judiciary of the House of Representatives reports 
and recommendations regarding the Science and Tech-
nology Directorate’s Air Entry and Exit Re-Engineering 
Program of the Department and the U.S. Customs and Bor-
der Protection entry and exit mobility program demonstra-
tions. 
‘‘(n) SAVINGS CLAUSE.—Nothing in this section shall 
prohibit the collection of user fees permitted by section 
13031 of the Consolidated Omnibus Budget Reconciliation 
Act of 1985 (19 U.S.C. 58c).’’. 
(b) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of the Homeland Security Act of 2002 is 
amended by inserting after the item relating to section 417 
the following new item: 
‘‘Sec. 418. Biometric entry-exit.’’. 
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SEC. 207. SENSE OF CONGRESS ON COOPERATION BE-
TWEEN AGENCIES. 
(a) FINDING.—Congress finds that personnel con-
straints exist at land ports of entry with regard to sanitary 
and phytosanitary inspections for exported goods. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that, in the best interest of cross-border trade and the agri-
cultural community— 
(1) any lack of certified personnel for inspection 
purposes at ports of entry should be addressed by 
seeking cooperation between agencies and departments 
of the United States, whether in the form of a memo-
randum of understanding or through a certification 
process, whereby additional existing agents are au-
thorized for additional hours to facilitate the crossing 
and trade of perishable goods in a manner consistent 
with rules of the Department of Agriculture; and 
(2) cross designation should be available for per-
sonnel who will assist more than one agency or de-
partment at land ports of entry to facilitate increased 
trade and commerce. 
SEC. 208. AUTHORIZATION OF APPROPRIATIONS. 
In addition to any amounts otherwise authorized to 
be appropriated for such purpose, there is authorized to be 
appropriated $1,250,000,000 for each of fiscal years 2018 
through 2021 to carry out this title, of which— 
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(1) $2,000,000 shall be used by the Secretary for 
hiring additional Uniform Management Center sup-
port personnel, purchasing uniforms for CBP officers 
and agents, acquiring additional motor vehicles to 
support vehicle mounted surveillance systems, hiring 
additional motor vehicle program support personnel, 
and for contract support for customer service, vendor 
management, and operations management; and 
(2) $250,000,000 per year shall be used to imple-
ment the biometric exit data system described in sec-
tion 418 of the Homeland Security Act of 2002, as 
added by section 206 of this Act. 
SEC. 209. DEFINITION. 
In this title, the term ‘‘Secretary’’ means the Secretary 
of Homeland Security. 
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Union Calendar No. 471 
115TH CONGRESS 
2D SESSION 
H. R. 3548 
[Report No. 115–505, Part I] 
A BILL 
To make certain improvements to the security of 
the international borders of the United States, 
and for other purposes. 
MARCH 23, 2018 
The Committee on Armed Services discharged; committed 
to the Committee of the Whole House on the State of 
the Union and ordered to be printed 
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