I 
115TH CONGRESS 
2D SESSION 
H. R. 6136 
To amend the immigration laws and provide for border security, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 19, 2018 
Mr. GOODLATTE (for himself, Mr. CURBELO of Florida, Mr. MCCAUL, and 
Mr. DENHAM) introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Committees on Home-
land Security, Agriculture, Natural Resources, Transportation and Infra-
structure, Ways and Means, Energy and Commerce, Armed Services, 
Foreign Affairs, the Budget, and Oversight and Government Reform, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To amend the immigration laws and provide for border 
security, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Border Security and Immigration Reform Act of 2018’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
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Sec. 1. Short title; table of contents. 
DIVISION A—BORDER ENFORCEMENT 
Sec. 1100. Short title. 
TITLE I—BORDER SECURITY 
Sec. 1101. Definitions. 
Subtitle A—Infrastructure and Equipment 
Sec. 1111. Strengthening the requirements for barriers along the southern bor-
der. 
Sec. 1112. Air and Marine Operations flight hours. 
Sec. 1113. Capability deployment to specific sectors and transit zone. 
Sec. 1114. U.S. Border Patrol activities. 
Sec. 1115. Border security technology program management. 
Sec. 1116. National Guard support to secure the southern border. 
Sec. 1117. Prohibitions on actions that impede border security on certain Fed-
eral land. 
Sec. 1118. Landowner and rancher security enhancement. 
Sec. 1119. Eradication of carrizo cane and salt cedar. 
Sec. 1120. Southern border threat analysis. 
Sec. 1121. Amendments to U.S. Customs and Border Protection. 
Sec. 1122. Agent and officer technology use. 
Sec. 1123. Integrated Border Enforcement Teams. 
Sec. 1124. Tunnel Task Forces. 
Sec. 1125. Pilot program on use of electromagnetic spectrum in support of bor-
der security operations. 
Sec. 1126. Foreign migration assistance. 
Sec. 1127. Biometric Identification Transnational Migration Alert Program. 
Subtitle B—Personnel 
Sec. 1131. Additional U.S. Customs and Border Protection agents and officers. 
Sec. 1132. U.S. Customs and Border Protection retention incentives. 
Sec. 1133. Anti-Border Corruption Reauthorization Act. 
Sec. 1134. Training for officers and agents of U.S. Customs and Border Pro-
tection. 
Subtitle C—Grants 
Sec. 1141. Operation Stonegarden. 
TITLE II—EMERGENCY PORT OF ENTRY PERSONNEL AND 
INFRASTRUCTURE FUNDING 
Sec. 2101. Ports of entry infrastructure. 
Sec. 2102. Secure communications. 
Sec. 2103. Border security deployment program. 
Sec. 2104. Pilot and upgrade of license plate readers at ports of entry. 
Sec. 2105. Non-intrusive inspection operational demonstration. 
Sec. 2106. Biometric exit data system. 
Sec. 2107. Sense of Congress on cooperation between agencies. 
Sec. 2108. Authorization of appropriations. 
Sec. 2109. Definition. 
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TITLE III—VISA SECURITY AND INTEGRITY 
Sec. 3101. Visa security. 
Sec. 3102. Electronic passport screening and biometric matching. 
Sec. 3103. Reporting of visa overstays. 
Sec. 3104. Student and exchange visitor information system verification. 
Sec. 3105. Social media review of visa applicants. 
Sec. 3106. Cancellation of additional visas. 
Sec. 3107. Visa information sharing. 
Sec. 3108. Restricting waiver of visa interviews. 
Sec. 3109. Authorizing the Department of State to not interview certain ineli-
gible visa applicants. 
Sec. 3110. Petition and application processing for visas and immigration bene-
fits. 
Sec. 3111. Fraud prevention. 
Sec. 3112. Visa ineligibility for spouses and children of drug traffickers. 
Sec. 3113. DNA testing. 
Sec. 3114. Access to NCIC criminal history database for diplomatic visas. 
Sec. 3115. Elimination of signed photograph requirement for visa applications. 
Sec. 3116. Additional fraud detection and prevention. 
TITLE IV—TRANSNATIONAL CRIMINAL ORGANIZATION ILLICIT 
SPOTTER PREVENTION AND ELIMINATION 
Sec. 4101. Short title. 
Sec. 4102. Illicit spotting. 
Sec. 4103. Unlawfully hindering immigration, border, and customs controls. 
TITLE V—BORDER SECURITY FUNDING 
Sec. 5101. Border Security Funding. 
Sec. 5102. Limitation on adjustment of status. 
Sec. 5103. Exclusion from PAYGO scorecards. 
DIVISION B—IMMIGRATION REFORM 
TITLE I—LAWFUL STATUS FOR CERTAIN CHILDHOOD ARRIVALS 
Sec. 1101. Definitions. 
Sec. 1102. Contingent nonimmigrant status eligibility and application. 
Sec. 1103. Terms and conditions of conditional nonimmigrant status. 
Sec. 1104. Adjustment of status. 
Sec. 1105. Administrative and judicial review. 
Sec. 1106. Penalties and signature requirements. 
Sec. 1107. Rulemaking. 
Sec. 1108. Statutory construction. 
Sec. 1109. Addition of definition. 
TITLE II—IMMIGRANT VISA ALLOCATIONS AND PRIORITIES 
Sec. 2101. Elimination of diversity visa program. 
Sec. 2102. Numerical limitation to any single foreign state. 
Sec. 2103. Family-sponsored immigration priorities. 
Sec. 2104. Allocation of immigrant visas for contingent nonimmigrants and 
children of certain nonimmigrants. 
Sec. 2105. Sunset of adjustment visas for conditional nonimmigrants and chil-
dren of certain nonimmigrants. 
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Sec. 2106. Implementation. 
Sec. 2107. Repeal of suspension of deportation and adjustment of status for 
certain aliens. 
TITLE III—UNACCOMPANIED ALIEN CHILDREN; INTERIOR 
IMMIGRATION ENFORCEMENT 
Sec. 3101. Repatriation of unaccompanied alien children. 
Sec. 3102. Clarification of standards for family detention. 
Sec. 3103. Detention of dangerous aliens. 
Sec. 3104. Definition of aggravated felony. 
Sec. 3105. Crime of violence. 
Sec. 3106. Grounds of inadmissibility and deportability for alien gang members. 
Sec. 3107. Special immigrant juvenile status for immigrants unable to reunite 
with either parent. 
Sec. 3108. Clarification of authority regarding determinations of convictions. 
Sec. 3109. Adding attempt and conspiracy to commit terrorism-related inadmis-
sibility grounds acts to the definition of engaging in terrorist 
activity. 
Sec. 3110. Clarifying the authority of ICE detainers. 
Sec. 3111. Department of Homeland Security access to crime information data-
bases. 
TITLE IV—ASYLUM REFORM 
Sec. 4101. Credible fear interviews. 
Sec. 4102. Jurisdiction of asylum applications. 
Sec. 4103. Recording expedited removal and credible fear interviews. 
Sec. 4104. Safe third country. 
Sec. 4105. Renunciation of asylum status pursuant to return to home country. 
Sec. 4106. Notice concerning frivolous asylum applications. 
Sec. 4107. Anti-fraud investigative work product. 
Sec. 4108. Penalties for asylum fraud. 
Sec. 4109. Statute of limitations for asylum fraud. 
Sec. 4110. Technical amendments. 
TITLE V—USCIS WAIVERS 
Sec. 5101. Exemption from Administrative Procedure Act. 
Sec. 5102. Exemption from Paperwork Reduction Act. 
Sec. 5103. Sunset. 
DIVISION A—BORDER 
ENFORCEMENT 
SEC. 1100. SHORT TITLE. 
This division may be cited as the ‘‘Border Security 
for America Act of 2018’’. 
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TITLE I—BORDER SECURITY 
SEC. 1101. DEFINITIONS. 
In this title: 
(1) ADVANCED
UNATTENDED
SURVEILLANCE 
SENSORS.—The term ‘‘advanced unattended surveil-
lance sensors’’ means sensors that utilize an onboard 
computer to analyze detections in an effort to dis-
cern between vehicles, humans, and animals, and ul-
timately filter false positives prior to transmission. 
(2) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means the Commissioner of U.S. Customs 
and Border Protection. 
(3) HIGH
TRAFFIC
AREAS.—The term ‘‘high 
traffic areas’’ has the meaning given such term in 
section 102(e)(1) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996, as 
amended by section 1111 of this division. 
(4) OPERATIONAL CONTROL.—The term ‘‘oper-
ational control’’ has the meaning given such term in 
section 2(b) of the Secure Fence Act of 2006 (8 
U.S.C. 1701 note; Public Law 109–367). 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
(6) SITUATIONAL AWARENESS.—The term ‘‘sit-
uational awareness’’ has the meaning given such 
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Subtitle A—Infrastructure and 
Equipment 
SEC. 1111. STRENGTHENING THE REQUIREMENTS FOR BAR-
RIERS ALONG THE SOUTHERN BORDER. 
Section 102 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (Division C of Pub-
lic Law 104–208; 8 U.S.C. 1103 note) is amended— 
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a) IN GENERAL.—The Secretary of Homeland Se-
curity shall take such actions as may be necessary (includ-
ing the removal of obstacles to detection of illegal en-
trants) to design, test, construct, install, deploy, integrate, 
and operate physical barriers, tactical infrastructure, and 
technology in the vicinity of the United States border to 
achieve situational awareness and operational control of 
the border and deter, impede, and detect illegal activity 
in high traffic areas.’’; 
(2) in subsection (b)— 
(A) in the subsection heading, by striking 
‘‘FENCING AND ROAD IMPROVEMENTS’’ and in-
serting ‘‘PHYSICAL BARRIERS’’; 
(B) in paragraph (1)— 
(i) in subparagraph (A)— 
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(I) by striking ‘‘subsection (a)’’ 
and inserting ‘‘this section’’; 
(II) by striking ‘‘roads, lighting, 
cameras, and sensors’’ and inserting 
‘‘tactical infrastructure, and tech-
nology’’; and 
(III) by striking ‘‘gain’’ inserting 
‘‘achieve situational awareness and’’; 
and 
(ii) by amending subparagraph (B) to 
read as follows: 
‘‘(B) PHYSICAL BARRIERS AND TACTICAL 
INFRASTRUCTURE.— 
‘‘(i) IN
GENERAL.—Not later than 
September 30, 2023, the Secretary of 
Homeland Security, in carrying out this 
section, shall deploy along the United 
States border the most practical and effec-
tive physical barriers and tactical infra-
structure available for achieving situational 
awareness and operational control of the 
border. 
‘‘(ii) CONSIDERATION
FOR
CERTAIN 
PHYSICAL BARRIERS AND TACTICAL INFRA-
STRUCTURE.—The deployment of physical 
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barriers and tactical infrastructure under 
this subparagraph shall not apply in any 
area or region along the border where nat-
ural terrain features, natural barriers, or 
the remoteness of such area or region 
would make any such deployment ineffec-
tive, as determined by the Secretary, for 
the purposes of achieving situational 
awareness or operational control of such 
area or region.’’; 
(iii) in subparagraph (C)— 
(I) by amending clause (i) to 
read as follows: 
‘‘(i) IN
GENERAL.—In carrying out 
this section, the Secretary of Homeland 
Security shall consult with the Secretary of 
the Interior, the Secretary of Agriculture, 
appropriate representatives of Federal, 
State, local, and tribal governments, and 
appropriate private property owners in the 
United States to minimize the impact on 
the environment, culture, commerce, and 
quality of life for the communities and 
residents located near the sites at which 
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such physical barriers are to be con-
structed.’’; 
(II) by redesignating clause (ii) 
as clause (iii); 
(III) by inserting after clause (i), 
as amended, the following new clause: 
‘‘(ii) NOTIFICATION.—Not later than 
60 days after the consultation required 
under clause (i), the Secretary of Home-
land Security shall notify the Committee 
on Homeland Security of the House of 
Representatives and the Committee on 
Homeland Security and Governmental Af-
fairs of the Senate of the type of physical 
barriers, tactical infrastructure, or tech-
nology the Secretary has determined is 
most practical and effective to achieve situ-
ational awareness and operational control 
in a specific area or region and the other 
alternatives the Secretary considered be-
fore making such a determination.’’; and 
(IV) in clause (iii), as so redesig-
nated— 
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(aa) in subclause (I), by 
striking ‘‘or’’ after the semicolon 
at the end; 
(bb) by amending subclause 
(II) to read as follows: 
‘‘(II) delay the transfer of the 
possession of property to the United 
States or affect the validity of any 
property acquisition by purchase or 
eminent domain, or to otherwise affect 
the eminent domain laws of the 
United States or of any State; or’’; 
and 
(cc) by adding at the end 
the following new subclause: 
‘‘(III) create any right or liability 
for any party.’’; and 
(iv) by striking subparagraph (D); 
(C) in paragraph (2)— 
(i) by striking ‘‘Attorney General’’ 
and inserting ‘‘Secretary of Homeland Se-
curity’’; 
(ii) by striking ‘‘this subsection’’ and 
inserting ‘‘this section’’; and 
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(iii) by striking ‘‘construction of 
fences’’ and inserting ‘‘the construction of 
physical barriers’’; 
(D) by amending paragraph (3) to read as 
follows: 
‘‘(3) AGENT SAFETY.—In carrying out this sec-
tion, the Secretary of Homeland Security, when de-
signing, constructing, and deploying physical bar-
riers, tactical infrastructure, or technology, shall in-
corporate such safety features into such design, con-
struction, or deployment of such physical barriers, 
tactical infrastructure, or technology, as the case 
may be, that the Secretary determines, in the Sec-
retary’s sole discretion, are necessary to maximize 
the safety and effectiveness of officers or agents of 
the Department of Homeland Security or of any 
other Federal agency deployed in the vicinity of such 
physical barriers, tactical infrastructure, or tech-
nology.’’; and 
(E) in paragraph (4), by striking ‘‘this 
subsection’’ and inserting ‘‘this section’’; 
(3) in subsection (c), by amending paragraph 
(1) to read as follows: 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Secretary of Homeland Security 
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shall have the authority to waive all legal require-
ments the Secretary, in the Secretary’s sole discre-
tion, determines necessary to ensure the expeditious 
design, testing, construction, installation, deploy-
ment, integration, and operation of the physical bar-
riers, tactical infrastructure, and technology under 
this section. Such waiver authority shall also apply 
with respect to any maintenance carried out on such 
physical barriers, tactical infrastructure, or tech-
nology. Any such decision by the Secretary shall be 
effective upon publication in the Federal Register.’’; 
and 
(4) by adding after subsection (d) the following 
new subsections: 
‘‘(e) TECHNOLOGY.—Not later than September 30, 
2023, the Secretary of Homeland Security, in carrying out 
this section, shall deploy along the United States border 
the most practical and effective technology available for 
achieving situational awareness and operational control of 
the border. 
‘‘(f) LIMITATION ON REQUIREMENTS.—Nothing in 
this section may be construed as requiring the Secretary 
of Homeland Security to install tactical infrastructure, 
technology, and physical barriers in a particular location 
along an international border of the United States, if the 
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Secretary determines that the use or placement of such 
resources is not the most appropriate means to achieve 
and maintain situational awareness and operational con-
trol over the international border at such location. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) HIGH TRAFFIC AREAS.—The term ‘high 
traffic areas’ means areas in the vicinity of the 
United States border that— 
‘‘(A) are within the responsibility of U.S. 
Customs and Border Protection; and 
‘‘(B) have significant unlawful cross-border 
activity, as determined by the Secretary of 
Homeland Security. 
‘‘(2) OPERATIONAL CONTROL.—The term ‘oper-
ational control’ has the meaning given such term in 
section 2(b) of the Secure Fence Act of 2006 (8 
U.S.C. 1701 note; Public Law 109–367). 
‘‘(3) PHYSICAL BARRIERS.—The term ‘physical 
barriers’ includes reinforced fencing, border wall sys-
tem, and levee walls. 
‘‘(4) SITUATIONAL AWARENESS.—The term ‘sit-
uational awareness’ has the meaning given such 
term in section 1092(a)(7) of the National Defense 
Authorization Act for Fiscal Year 2017 (6 U.S.C. 
223(a)(7); Public Law 114–328). 
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‘‘(5) TACTICAL
INFRASTRUCTURE.—The term 
‘tactical infrastructure’ includes boat ramps, access 
gates, checkpoints, lighting, and roads. 
‘‘(6) TECHNOLOGY.—The term ‘technology’ in-
cludes border surveillance and detection technology, 
including the following: 
‘‘(A) Tower-based surveillance technology. 
‘‘(B) Deployable, lighter-than-air ground 
surveillance equipment. 
‘‘(C) Vehicle and Dismount Exploitation 
Radars (VADER). 
‘‘(D) 3-dimensional, seismic acoustic detec-
tion and ranging border tunneling detection 
technology. 
‘‘(E) Advanced unattended surveillance 
sensors. 
‘‘(F) Mobile vehicle-mounted and man- 
portable surveillance capabilities. 
‘‘(G) Unmanned aerial vehicles. 
‘‘(H) Other border detection, communica-
tion, and surveillance technology. 
‘‘(7) UNMANNED AERIAL VEHICLES.—The term 
‘unmanned aerial vehicle’ has the meaning given the 
term ‘unmanned aircraft’ in section 331 of the FAA 
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Modernization and Reform Act of 2012 (Public Law 
112–95; 49 U.S.C. 40101 note).’’. 
SEC. 1112. AIR AND MARINE OPERATIONS FLIGHT HOURS. 
(a) INCREASED FLIGHT HOURS.—The Secretary 
shall ensure that not fewer than 95,000 annual flight 
hours are carried out by Air and Marine Operations of 
U.S. Customs and Border Protection. 
(b) UNMANNED AERIAL SYSTEM.—The Secretary, 
after coordination with the Administrator of the Federal 
Aviation Administration, shall ensure that Air and Marine 
Operations operate unmanned aerial systems on the south-
ern border of the United States for not less than 24 hours 
per day for five days per week. 
(c) CONTRACT AIR SUPPORT AUTHORIZATION.—The 
Commissioner shall contract for the unfulfilled identified 
air support mission critical hours, as identified by the 
Chief of the U.S. Border Patrol. 
(d) PRIMARY MISSION.—The Commissioner shall en-
sure that— 
(1) the primary missions for Air and Marine 
Operations are to directly support U.S. Border Pa-
trol activities along the southern border of the 
United States and Joint Interagency Task Force 
South operations in the transit zone; and 
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(2) the Executive Assistant Commissioner of 
Air and Marine Operations assigns the greatest pri-
ority to support missions established by the Commis-
sioner to carry out the requirements under this Act. 
(e) HIGH-DEMAND FLIGHT HOUR REQUIREMENTS.— 
In accordance with subsection (d), the Commissioner shall 
ensure that U.S. Border Patrol Sector Chiefs— 
(1) identify critical flight hour requirements; 
and 
(2) direct Air and Marine Operations to sup-
port requests from Sector Chiefs as their primary 
mission. 
(f) SMALL UNMANNED AERIAL VEHICLES.— 
(1) IN GENERAL.—The Chief of the U.S. Bor-
der Patrol shall be the executive agent for U.S. Cus-
toms and Border Protection’s use of small un-
manned aerial vehicles for the purpose of meeting 
the U.S. Border Patrol’s unmet flight hour oper-
ational requirements and to achieve situational 
awareness and operational control. 
(2) COORDINATION.—In carrying out para-
graph (1), the Chief of the U.S. Border Patrol 
shall— 
(A) coordinate flight operations with the 
Administrator of the Federal Aviation Adminis-
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tration to ensure the safe and efficient oper-
ation of the National Airspace System; and 
(B) coordinate with the Executive Assist-
ant Commissioner for Air and Marine Oper-
ations of U.S. Customs and Border Protection 
to ensure the safety of other U.S. Customs and 
Border Protection aircraft flying in the vicinity 
of small unmanned aerial vehicles operated by 
the U.S. Border Patrol. 
(3) CONFORMING AMENDMENT.—Paragraph (3) 
of section 411(e) of the Homeland Security Act of 
2002 (6 U.S.C. 211(e)) is amended— 
(A) in subparagraph (B), by striking 
‘‘and’’ after the semicolon at the end; 
(B) by redesignating subparagraph (C) as 
subparagraph (D); and 
(C) by inserting after subparagraph (B) 
the following new subparagraph: 
‘‘(C) carry out the small unmanned aerial 
vehicle requirements pursuant to subsection (f) 
of section 1112 of the Border Security for 
America Act of 2018; and’’. 
(g) SAVING CLAUSE.—Nothing in this section shall 
confer, transfer, or delegate to the Secretary, the Commis-
sioner, the Executive Assistant Commissioner for Air and 
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Marine Operations of U.S. Customs and Border Protec-
tion, or the Chief of the U.S. Border Patrol any authority 
of the Secretary of Transportation or the Administrator 
of the Federal Aviation Administration relating to the use 
of airspace or aviation safety. 
SEC. 1113. CAPABILITY DEPLOYMENT TO SPECIFIC SEC-
TORS AND TRANSIT ZONE. 
(a) IN GENERAL.—Not later than September 30, 
2023, the Secretary, in implementing section 102 of the 
Illegal Immigration Reform and Immigrant Responsibility 
Act of 1996 (as amended by section 1111 of this division), 
and acting through the appropriate component of the De-
partment of Homeland Security, shall deploy to each sec-
tor or region of the southern border and the northern bor-
der, in a prioritized manner to achieve situational aware-
ness and operational control of such borders, the following 
additional capabilities: 
(1) SAN DIEGO SECTOR.—For the San Diego 
sector, the following: 
(A) Tower-based surveillance technology. 
(B) Subterranean surveillance and detec-
tion technologies. 
(C) To increase coastal maritime domain 
awareness, the following: 
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(i) Deployable, lighter-than-air surface 
surveillance equipment. 
(ii) Unmanned aerial vehicles with 
maritime surveillance capability. 
(iii) U.S. Customs and Border Protec-
tion maritime patrol aircraft. 
(iv) Coastal radar surveillance sys-
tems. 
(v) Maritime signals intelligence capa-
bilities. 
(D) Ultralight aircraft detection capabili-
ties. 
(E) Advanced unattended surveillance sen-
sors. 
(F) A rapid reaction capability supported 
by aviation assets. 
(G) Mobile vehicle-mounted and man-port-
able surveillance capabilities. 
(H) Man-portable unmanned aerial vehi-
cles. 
(I) Improved agent communications capa-
bilities. 
(2) EL CENTRO SECTOR.—For the El Centro 
sector, the following: 
(A) Tower-based surveillance technology. 
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(B) Deployable, lighter-than-air ground 
surveillance equipment. 
(C) Man-portable unmanned aerial vehi-
cles. 
(D) Ultralight aircraft detection capabili-
ties. 
(E) Advanced unattended surveillance sen-
sors. 
(F) A rapid reaction capability supported 
by aviation assets. 
(G) Man-portable unmanned aerial vehi-
cles. 
(H) Improved agent communications capa-
bilities. 
(3) YUMA SECTOR.—For the Yuma sector, the 
following: 
(A) Tower-based surveillance technology. 
(B) Deployable, lighter-than-air ground 
surveillance equipment. 
(C) Ultralight aircraft detection capabili-
ties. 
(D) Advanced unattended surveillance sen-
sors. 
(E) A rapid reaction capability supported 
by aviation assets. 
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(F) Mobile vehicle-mounted and man-port-
able surveillance systems. 
(G) Man-portable unmanned aerial vehi-
cles. 
(H) Improved agent communications capa-
bilities. 
(4) TUCSON SECTOR.—For the Tucson sector, 
the following: 
(A) Tower-based surveillance technology. 
(B) Increased flight hours for aerial detec-
tion, interdiction, and monitoring operations ca-
pability. 
(C) Deployable, lighter-than-air ground 
surveillance equipment. 
(D) Ultralight aircraft detection capabili-
ties. 
(E) Advanced unattended surveillance sen-
sors. 
(F) A rapid reaction capability supported 
by aviation assets. 
(G) Man-portable unmanned aerial vehi-
cles. 
(H) Improved agent communications capa-
bilities. 
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(5) EL PASO SECTOR.—For the El Paso sector, 
the following: 
(A) Tower-based surveillance technology. 
(B) Deployable, lighter-than-air ground 
surveillance equipment. 
(C) Ultralight aircraft detection capabili-
ties. 
(D) Advanced unattended surveillance sen-
sors. 
(E) Mobile vehicle-mounted and man-port-
able surveillance systems. 
(F) A rapid reaction capability supported 
by aviation assets. 
(G) Mobile vehicle-mounted and man-port-
able surveillance capabilities. 
(H) Man-portable unmanned aerial vehi-
cles. 
(I) Improved agent communications capa-
bilities. 
(6) BIG BEND SECTOR.—For the Big Bend sec-
tor, the following: 
(A) Tower-based surveillance technology. 
(B) Deployable, lighter-than-air ground 
surveillance equipment. 
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(C) Improved agent communications capa-
bilities. 
(D) Ultralight aircraft detection capabili-
ties. 
(E) Advanced unattended surveillance sen-
sors. 
(F) A rapid reaction capability supported 
by aviation assets. 
(G) Mobile vehicle-mounted and man-port-
able surveillance capabilities. 
(H) Man-portable unmanned aerial vehi-
cles. 
(I) Improved agent communications capa-
bilities. 
(7) DEL RIO SECTOR.—For the Del Rio sector, 
the following: 
(A) Tower-based surveillance technology. 
(B) Increased monitoring for cross-river 
dams, culverts, and footpaths. 
(C) Improved agent communications capa-
bilities. 
(D) Improved maritime capabilities in the 
Amistad National Recreation Area. 
(E) Advanced unattended surveillance sen-
sors. 
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(F) A rapid reaction capability supported 
by aviation assets. 
(G) Mobile vehicle-mounted and man-port-
able surveillance capabilities. 
(H) Man-portable unmanned aerial vehi-
cles. 
(I) Improved agent communications capa-
bilities. 
(8) LAREDO SECTOR.—For the Laredo sector, 
the following: 
(A) Tower-based surveillance technology. 
(B) Maritime detection resources for the 
Falcon Lake region. 
(C) Increased flight hours for aerial detec-
tion, interdiction, and monitoring operations ca-
pability. 
(D) Increased monitoring for cross-river 
dams, culverts, and footpaths. 
(E) Ultralight aircraft detection capability. 
(F) Advanced unattended surveillance sen-
sors. 
(G) A rapid reaction capability supported 
by aviation assets. 
(H) Man-portable unmanned aerial vehi-
cles. 
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(I) Improved agent communications capa-
bilities. 
(9) RIO GRANDE VALLEY SECTOR.—For the Rio 
Grande Valley sector, the following: 
(A) Tower-based surveillance technology. 
(B) Deployable, lighter-than-air ground 
surveillance equipment. 
(C) Increased flight hours for aerial detec-
tion, interdiction, and monitoring operations ca-
pability. 
(D) Ultralight aircraft detection capability. 
(E) Advanced unattended surveillance sen-
sors. 
(F) Increased monitoring for cross-river 
dams, culverts, footpaths. 
(G) A rapid reaction capability supported 
by aviation assets. 
(H) Increased maritime interdiction capa-
bilities. 
(I) Mobile vehicle-mounted and man-port-
able surveillance capabilities. 
(J) Man-portable unmanned aerial vehi-
cles. 
(K) Improved agent communications capa-
bilities. 
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(10) BLAINE SECTOR.—For the Blaine sector, 
the following: 
(A) Increased flight hours for aerial detec-
tion, interdiction, and monitoring operations ca-
pability. 
(B) Coastal radar surveillance systems. 
(C) Increased maritime interdiction capa-
bilities. 
(D) Mobile vehicle-mounted and man-port-
able surveillance capabilities. 
(E) Advanced unattended surveillance sen-
sors. 
(F) Ultralight aircraft detection capabili-
ties. 
(G) Man-portable unmanned aerial vehi-
cles. 
(H) Improved agent communications capa-
bilities. 
(11) SPOKANE SECTOR.—For the Spokane sec-
tor, the following: 
(A) Increased flight hours for aerial detec-
tion, interdiction, and monitoring operations ca-
pability. 
(B) Increased maritime interdiction capa-
bilities. 
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(C) Mobile vehicle-mounted and man-port-
able surveillance capabilities. 
(D) Advanced unattended surveillance sen-
sors. 
(E) Ultralight aircraft detection capabili-
ties. 
(F) Completion of six miles of the Bog 
Creek road. 
(G) Man-portable unmanned aerial vehi-
cles. 
(H) Improved agent communications sys-
tems. 
(12) HAVRE SECTOR.—For the Havre sector, 
the following: 
(A) Increased flight hours for aerial detec-
tion, interdiction, and monitoring operations ca-
pability. 
(B) Mobile vehicle-mounted and man-port-
able surveillance capabilities. 
(C) Advanced unattended surveillance sen-
sors. 
(D) Ultralight aircraft detection capabili-
ties. 
(E) Man-portable unmanned aerial vehi-
cles. 
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(F) Improved agent communications sys-
tems. 
(13) GRAND FORKS SECTOR.—For the Grand 
Forks sector, the following: 
(A) Increased flight hours for aerial detec-
tion, interdiction, and monitoring operations ca-
pability. 
(B) Mobile vehicle-mounted and man-port-
able surveillance capabilities. 
(C) Advanced unattended surveillance sen-
sors. 
(D) Ultralight aircraft detection capabili-
ties. 
(E) Man-portable unmanned aerial vehi-
cles. 
(F) Improved agent communications sys-
tems. 
(14) DETROIT SECTOR.—For the Detroit sec-
tor, the following: 
(A) Increased flight hours for aerial detec-
tion, interdiction, and monitoring operations ca-
pability. 
(B) Coastal radar surveillance systems. 
(C) Increased maritime interdiction capa-
bilities. 
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(D) Mobile vehicle-mounted and man-port-
able surveillance capabilities. 
(E) Advanced unattended surveillance sen-
sors. 
(F) Ultralight aircraft detection capabili-
ties. 
(G) Man-portable unmanned aerial vehi-
cles. 
(H) Improved agent communications sys-
tems. 
(15) BUFFALO SECTOR.—For the Buffalo sec-
tor, the following: 
(A) Increased flight hours for aerial detec-
tion, interdiction, and monitoring operations ca-
pability. 
(B) Coastal radar surveillance systems. 
(C) Increased maritime interdiction capa-
bilities. 
(D) Mobile vehicle-mounted and man-port-
able surveillance capabilities. 
(E) Advanced unattended surveillance sen-
sors. 
(F) Ultralight aircraft detection capabili-
ties. 
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(G) Man-portable unmanned aerial vehi-
cles. 
(H) Improved agent communications sys-
tems. 
(16) SWANTON SECTOR.—For the Swanton sec-
tor, the following: 
(A) Increased flight hours for aerial detec-
tion, interdiction, and monitoring operations ca-
pability. 
(B) Mobile vehicle-mounted and man-port-
able surveillance capabilities. 
(C) Advanced unattended surveillance sen-
sors. 
(D) Ultralight aircraft detection capabili-
ties. 
(E) Man-portable unmanned aerial vehi-
cles. 
(F) Improved agent communications sys-
tems. 
(17) HOULTON SECTOR.—For the Houlton sec-
tor, the following: 
(A) Increased flight hours for aerial detec-
tion, interdiction, and monitoring operations ca-
pability. 
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(B) Mobile vehicle-mounted and man-port-
able surveillance capabilities. 
(C) Advanced unattended surveillance sen-
sors. 
(D) Ultralight aircraft detection capabili-
ties. 
(E) Man-portable unmanned aerial vehi-
cles. 
(F) Improved agent communications sys-
tems. 
(18) TRANSIT ZONE.—For the transit zone, the 
following: 
(A) Not later than two years after the date 
of the enactment of this Act, an increase in the 
number of overall cutter, boat, and aircraft 
hours spent conducting interdiction operations 
over the average number of such hours during 
the preceding three fiscal years. 
(B) Increased maritime signals intelligence 
capabilities. 
(C) To increase maritime domain aware-
ness, the following: 
(i) Unmanned aerial vehicles with 
maritime surveillance capability. 
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(ii) Increased maritime aviation patrol 
hours. 
(D) Increased operational hours for mari-
time security components dedicated to joint 
counter-smuggling and interdiction efforts with 
other 
Federal 
agencies, 
including 
the 
Deployable Specialized Forces of the Coast 
Guard. 
(E) Coastal radar surveillance systems 
with long range day and night cameras capable 
of providing full maritime domain awareness of 
the United States territorial waters surrounding 
Puerto Rico, Mona Island, Desecheo Island, 
Vieques Island, Culebra Island, Saint Thomas, 
Saint John, and Saint Croix. 
(b) TACTICAL FLEXIBILITY.— 
(1) SOUTHERN
AND
NORTHERN
LAND
BOR-
DERS.— 
(A) IN
GENERAL.—Beginning on Sep-
tember 30, 2022, or after the Secretary has de-
ployed at least 25 percent of the capabilities re-
quired in each sector specified in subsection (a), 
whichever comes later, the Secretary may devi-
ate from such capability deployments if the Sec-
retary determines that such deviation is re-
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quired to achieve situational awareness or oper-
ational control. 
(B) NOTIFICATION.—If the Secretary exer-
cises the authority described in subparagraph 
(A), the Secretary shall, not later than 90 days 
after such exercise, notify the Committee on 
Homeland Security and Governmental Affairs 
of the Senate and the Committee on Homeland 
Security of the House of Representatives re-
garding the deviation under such subparagraph 
that is the subject of such exercise. If the Sec-
retary makes any changes to such deviation, the 
Secretary shall, not later than 90 days after 
any such change, notify such committees re-
garding such change. 
(2) TRANSIT ZONE.— 
(A) NOTIFICATION.—The Secretary shall 
notify the Committee on Homeland Security 
and Governmental Affairs of the Senate, the 
Committee on Commerce, Science, and Trans-
portation of the Senate, the Committee on 
Homeland Security of the House of Representa-
tives, and the Committee on Transportation 
and Infrastructure of the House of Representa-
tives regarding the capability deployments for 
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the transit zone specified in paragraph (18) of 
subsection (a), including information relating 
to— 
(i) the number and types of assets 
and personnel deployed; and 
(ii) the impact such deployments have 
on the capability of the Coast Guard to 
conduct its mission in the transit zone re-
ferred to in paragraph (18) of subsection 
(a). 
(B) ALTERATION.—The Secretary may 
alter the capability deployments referred to in 
this section if the Secretary— 
(i) determines, after consultation with 
the committees referred to in subpara-
graph (A), that such alteration is nec-
essary; and 
(ii) not later than 30 days after mak-
ing a determination under clause (i), noti-
fies the committees referred to in such 
subparagraph regarding such alteration, 
including information relating to— 
(I) the number and types of as-
sets and personnel deployed pursuant 
to such alteration; and 
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(II) the impact such alteration 
has on the capability of the Coast 
Guard to conduct its mission in the 
transit zone referred to in paragraph 
(18) of subsection (a). 
(c) EXIGENT CIRCUMSTANCES.— 
(1) IN GENERAL.—Notwithstanding subsection 
(b), the Secretary may deploy the capabilities re-
ferred to in subsection (a) in a manner that is incon-
sistent with the requirements specified in such sub-
section if, after the Secretary has deployed at least 
25 percent of such capabilities, the Secretary deter-
mines that exigent circumstances demand such an 
inconsistent deployment or that such an inconsistent 
deployment is vital to the national security interests 
of the United States. 
(2) NOTIFICATION.—The Secretary shall notify 
the Committee on Homeland Security of the House 
of Representative and the Committee on Homeland 
Security and Governmental Affairs of the Senate not 
later than 30 days after making a determination 
under paragraph (1). Such notification shall include 
a detailed justification regarding such determination. 
(d) INTEGRATION.—In carrying out subsection (a), 
the Secretary shall, to the greatest extent practicable, inte-
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grate, within each sector or region of the southern border 
and northern border, as the case may be, the deployed ca-
pabilities specified in such subsection as necessary to 
achieve situational awareness and operational control of 
such borders. 
SEC. 1114. U.S. BORDER PATROL ACTIVITIES. 
The Chief of the U.S. Border Patrol shall prioritize 
the deployment of U.S. Border Patrol agents to as close 
to the physical land border as possible, consistent with 
border security enforcement priorities and accessibility to 
such areas. 
SEC. 1115. BORDER SECURITY TECHNOLOGY PROGRAM 
MANAGEMENT. 
(a) IN GENERAL.—Subtitle C of title IV of the 
Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) 
is amended by adding at the end the following new section: 
‘‘SEC. 435. BORDER SECURITY TECHNOLOGY PROGRAM 
MANAGEMENT. 
‘‘(a) MAJOR ACQUISITION PROGRAM DEFINED.—In 
this section, the term ‘major acquisition program’ means 
an acquisition program of the Department that is esti-
mated by the Secretary to require an eventual total ex-
penditure of at least $300,000,000 (based on fiscal year 
2018 constant dollars) over its life cycle cost. 
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‘‘(b) PLANNING DOCUMENTATION.—For each border 
security technology acquisition program of the Depart-
ment that is determined to be a major acquisition pro-
gram, the Secretary shall— 
‘‘(1) ensure that each such program has a writ-
ten acquisition program baseline approved by the 
relevant acquisition decision authority; 
‘‘(2) document that each such program is meet-
ing cost, schedule, and performance thresholds as 
specified in such baseline, in compliance with rel-
evant departmental acquisition policies and the Fed-
eral Acquisition Regulation; and 
‘‘(3) have a plan for meeting program imple-
mentation objectives by managing contractor per-
formance. 
‘‘(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 pro-
gram managers who are responsible for carrying out this 
section adhere to relevant internal control standards iden-
tified by the Comptroller General of the United States. 
The Commissioner shall provide information, as needed, 
to assist the Under Secretary in monitoring management 
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of border security technology acquisition programs under 
this section. 
‘‘(d) PLAN.—The Secretary, acting through the 
Under Secretary for Management, in coordination with 
the Under Secretary for Science and Technology and the 
Commissioner of U.S. Customs and Border Protection, 
shall submit to the appropriate congressional committees 
a plan for testing, evaluating, and using independent 
verification and validation resources for border security 
technology. Under the plan, new border security tech-
nologies shall be evaluated through a series of assess-
ments, processes, and audits to ensure— 
‘‘(1) compliance with relevant departmental ac-
quisition policies and the Federal Acquisition Regu-
lation; and 
‘‘(2) the effective use of taxpayer dollars.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 is 
amended by inserting after the item relating to section 
433 the following new item: 
‘‘Sec. 435. Border security technology program management.’’. 
(c) PROHIBITION ON ADDITIONAL AUTHORIZATION 
OF APPROPRIATIONS.—No additional funds are author-
ized to be appropriated to carry out section 435 of the 
Homeland Security Act of 2002, as added by subsection 
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(a). Such section shall be carried out using amounts other-
wise authorized for such purposes. 
SEC. 1116. NATIONAL GUARD SUPPORT TO SECURE THE 
SOUTHERN BORDER. 
(a) NATIONAL GUARD SUPPORT.— 
(1) AUTHORITY TO REQUEST.—The Secretary 
may, pursuant to chapter 15 of title 10, United 
States Code, request that the Secretary of Defense 
support the Secretary’s efforts to secure the south-
ern border of the United States. The Secretary of 
Defense may authorize the provision of such support 
under section 502(f) of title 32, United States Code. 
(2) APPROVAL AND ORDER.—With the approval 
of the Secretary and the Secretary of Defense, the 
Governor of a State may order any units or per-
sonnel of the National Guard of such State to per-
form operations and missions under section 502(f) 
of title 32, United States Code, for the purpose of 
securing the southern border of the United States. 
(b) TYPES OF SUPPORT AUTHORIZED.—The support 
provided in accordance with subsection (a) may include— 
(1) construction of reinforced fencing or other 
physical barriers; 
(2) operation of ground-based surveillance sys-
tems; 
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