109 
cross-border wait times for commercial traffic and tractor- 
trailers. 
(c) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary shall report 
to the Committee on Homeland Security and Govern-
mental Affairs, the Committee on the Judiciary, and the 
Committee on Finance of the Senate, and the Committee 
on Homeland Security, and Committee on the Judiciary, 
and the Committee on Ways and Means of the House of 
Representatives the results of the pilot program under 
subsection (b) and make recommendations for imple-
menting use of such technology on the southern border. 
(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 years 2019 through 2020 to carry 
out subsection (a). 
SEC. 
2105. 
NONINTRUSIVE 
INSPECTION 
OPERATIONAL 
DEMONSTRATION. 
(a) IN GENERAL.—Not later than six months after 
the date of the enactment of this Act, the Commissioner 
shall establish a six-month operational demonstration to 
deploy a high-throughput nonintrusive passenger vehicle 
inspection system at not fewer than three land ports of 
entry along the United States-Mexico border with signifi-
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cant cross-border traffic. Such demonstration shall be lo-
cated 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 con-
clusion of the operational demonstration under subsection 
(a), the Commissioner shall submit to the Committee on 
Homeland Security and the Committee on Ways and 
Means of the House of Representatives and the Committee 
on Homeland Security and Governmental Affairs and the 
Committee on Finance of the Senate a report that de-
scribes the following: 
(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. 2106. BIOMETRIC EXIT DATA SYSTEM. 
(a) IN GENERAL.—Subtitle B of title IV of the 
Homeland Security Act of 2002 (6 U.S.C. 211 et seq.) 
is amended by inserting after section 415 the following 
new section: 
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‘‘SEC. 416. BIOMETRIC ENTRY-EXIT. 
‘‘(a) ESTABLISHMENT.—The Secretary shall— 
‘‘(1) not later than 180 days after the date of 
the enactment of this section, submit to the Com-
mittee on Homeland Security and Governmental Af-
fairs 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 inte-
grated biometric entry and exit data system required 
under section 7208 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (8 U.S.C. 1365b), 
including— 
‘‘(A) an integrated master schedule and 
cost estimate, including requirements and de-
sign, development, operational, and mainte-
nance costs of such a system, that takes into 
account prior reports on such matters issued by 
the Government Accountability Office and the 
Department; 
‘‘(B) cost-effective staffing and personnel 
requirements of such a system that leverages 
existing resources of the Department that takes 
into account prior reports on such matters 
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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 consulta-
tion with private sector stakeholders, including 
the— 
‘‘(i) trucking industry; 
‘‘(ii) airport industry; 
‘‘(iii) airline industry; 
‘‘(iv) seaport industry; 
‘‘(v) travel industry; and 
‘‘(vi) biometric technology industry; 
‘‘(F) a consideration of how trusted trav-
eler programs in existence as of the date of the 
enactment of this section may be impacted by, 
or incorporated into, such a system; 
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‘‘(G) defined metrics of success and mile-
stones; 
‘‘(H) identified risks and mitigation strate-
gies to address such risks; 
‘‘(I) a consideration of how other countries 
have implemented a biometric exit data system; 
and 
‘‘(J) a list of statutory, regulatory, or ad-
ministrative authorities, if any, needed to inte-
grate such a system into the operations of the 
Transportation Security Administration; and 
‘‘(2) not later than two years after the date of 
the enactment of this section, establish a biometric 
exit data system at the— 
‘‘(A) 15 United States airports that sup-
port the highest volume of international air 
travel, as determined by available Federal flight 
data; 
‘‘(B) 10 United States seaports that sup-
port the highest volume of international sea 
travel, as determined by available Federal travel 
data; and 
‘‘(C) 15 United States land ports of entry 
that support the highest volume of vehicle, pe-
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destrian, and cargo crossings, as determined by 
available Federal border crossing data. 
‘‘(b) IMPLEMENTATION.— 
‘‘(1) PILOT
PROGRAM
AT
LAND
PORTS
OF 
ENTRY.—Not later than six months after the date of 
the enactment of this section, the Secretary, in col-
laboration with industry stakeholders, shall establish 
a six-month pilot program to test the biometric exit 
data system referred to in subsection (a)(2) on non- 
pedestrian outbound traffic at not fewer than three 
land ports of entry with significant cross-border traf-
fic, including at not fewer than two land ports of 
entry on the southern land border and at least one 
land port of entry on the northern land border. Such 
pilot program may include a consideration of more 
than one biometric mode, and shall be implemented 
to determine the following: 
‘‘(A) How a nationwide implementation of 
such biometric exit data system at land ports of 
entry shall be carried out. 
‘‘(B) The infrastructure required to carry 
out subparagraph (A). 
‘‘(C) The effects of such pilot program on 
legitimate travel and trade. 
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‘‘(D) The effects of such pilot program on 
wait times, including processing times, for such 
non-pedestrian traffic. 
‘‘(E) The effects of such pilot program on 
combating terrorism. 
‘‘(F) The effects of such pilot program on 
identifying visa holders who violate the terms of 
their visas. 
‘‘(2) AT LAND PORTS OF ENTRY.— 
‘‘(A) IN
GENERAL.—Not later than five 
years after the date of the enactment of this 
section, the Secretary shall expand the biomet-
ric exit data system referred to in subsection 
(a)(2) to all land ports of entry. 
‘‘(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 Com-
mittee on Homeland Security and the Com-
mittee on the Judiciary of the House of Rep-
resentatives that the 15 land ports of entry that 
support the highest volume of passenger vehi-
cles, as determined by available Federal data, 
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do not have the physical infrastructure or char-
acteristics to install the systems necessary to 
implement a biometric exit data system. Such 
extension shall apply only in the case of non-pe-
destrian outbound traffic at such land ports of 
entry. 
‘‘(3) AT AIR AND SEA PORTS OF ENTRY.—Not 
later than five years after the date of the enactment 
of this section, the Secretary shall expand the bio-
metric exit data system referred to in subsection 
(a)(2) to all air and sea ports of entry. 
‘‘(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 pos-
sible disruption to the movement of people or cargo in air, 
sea, or land transportation, while fulfilling the goals of im-
proving counterterrorism efforts and identifying visa hold-
ers 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 
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Indicator Technology Program (‘‘US–VISIT’’)’, issued on 
April 24, 2008 (73 Fed. Reg. 22065). 
‘‘(e) DATA-MATCHING.—The biometric exit data sys-
tem established under this section shall— 
‘‘(1) match biometric information for an indi-
vidual, regardless of nationality, citizenship, or im-
migration status, who is departing the United States 
against biometric data previously provided to the 
United States Government by such individual for the 
purposes of international travel; 
‘‘(2) leverage the infrastructure and databases 
of the current biometric entry and exit system estab-
lished pursuant to section 7208 of the Intelligence 
Reform and Terrorism Prevention Act of 2004 (8 
U.S.C. 1365b) for the purpose described in para-
graph (1); and 
‘‘(3) be interoperable with, and allow matching 
against, other Federal databases that— 
‘‘(A) store biometrics of known or sus-
pected terrorists; and 
‘‘(B) identify visa holders who violate the 
terms of their visas. 
‘‘(f) SCOPE.— 
‘‘(1) IN
GENERAL.—The biometric exit data 
system established under this section shall include a 
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requirement for the collection of biometric exit data 
at the time of departure for all categories of individ-
uals who are required by the Secretary to provide bi-
ometric 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 biometric exit data system established under this sec-
tion, except through a mutual agreement. 
‘‘(h) MULTI-MODAL COLLECTION.—In carrying out 
subsections (a)(1) and (b), the Secretary shall make every 
effort to collect biometric data using multiple modes of 
biometrics. 
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‘‘(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. For all facilities at land ports 
of entry, such space requirements shall be coordinated 
with the Administrator of General Services. 
‘‘(j) NORTHERN LAND BORDER.—In the case of the 
northern land border, the requirements under subsections 
(a)(2)(C), (b)(2)(A), and (b)(4) may be achieved through 
the sharing of biometric data provided to the Department 
by the Canadian Border Services Agency pursuant to the 
2011 Beyond the Border agreement. 
‘‘(k) FULL
AND OPEN COMPETITION.—The Sec-
retary shall procure goods and services to implement this 
section via full and open competition in accordance with 
the Federal Acquisition Regulations. 
‘‘(l) OTHER BIOMETRIC INITIATIVES.—Nothing in 
this section may be construed as limiting the authority of 
the Secretary to collect biometric information in cir-
cumstances other than as specified in this section. 
‘‘(m) CONGRESSIONAL REVIEW.—Not later than 90 
days after the date of the enactment of this section, the 
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Secretary shall submit to the Committee on Homeland Se-
curity and Governmental Affairs of the Senate, the Com-
mittee 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 Representa-
tives reports and recommendations regarding the Science 
and Technology Directorate’s Air Entry and Exit Re-En-
gineering Program of the Department and the U.S. Cus-
toms and Border Protection entry and exit mobility pro-
gram demonstrations. 
‘‘(n) SAVINGS CLAUSE.—Nothing in this section shall 
prohibit the collection of user fees permitted by section 
13031 of the Consolidated Omnibus Budget Reconciliation 
Act of 1985 (19 U.S.C. 58c).’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 is 
amended by inserting after the item relating to section 
415 the following new item: 
‘‘Sec. 416. Biometric entry-exit.’’. 
SEC. 2107. SENSE OF CONGRESS ON COOPERATION 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. 
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(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that, in the best interest of cross-border trade and 
the agricultural community— 
(1) any lack of certified personnel for inspection 
purposes at ports of entry should be addressed by 
seeking cooperation between agencies and depart-
ments of the United States, whether in the form of 
a memorandum of understanding or through a cer-
tification process, whereby additional existing agents 
are authorized for additional hours to facilitate and 
expedite the flow of legitimate trade and commerce 
of perishable goods in a manner consistent with 
rules of the Department of Agriculture; and 
(2) cross designation should be available for 
personnel who will assist more than one agency or 
department of the United States at land ports of 
entry to facilitate and expedite the flow of increased 
legitimate trade and commerce. 
SEC. 2108. AUTHORIZATION OF APPROPRIATIONS. 
In addition to any amounts otherwise authorized to 
be appropriated for such purpose, there is authorized to 
be appropriated $4,250,000,000 for each of fiscal years 
2019 through 2023 to carry out this title, of which 
$250,000,000 in each such fiscal year is authorized to be 
made available to implement the biometric exit data sys-
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tem described in section 416 of the Homeland Security 
Act of 2002, as added by section 2106 of this division. 
SEC. 2109. DEFINITION. 
In this title, the term ‘‘Secretary’’ means the Sec-
retary of Homeland Security. 
TITLE 
III—TRANSNATIONAL 
CRIMINAL ORGANIZATION IL-
LICIT SPOTTER PREVENTION 
AND ELIMINATION 
SEC. 3101. SHORT TITLE. 
This title may be cited as the ‘‘Transnational Crimi-
nal Organization Illicit Spotter Prevention and Elimi-
nation Act’’. 
SEC. 3102. ILLICIT SPOTTING. 
Section 1510 of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘(f) Any person who knowingly transmits, by any 
means, to another person the location, movement, or ac-
tivities of any officer or agent of a Federal, State, local, 
or tribal law enforcement agency with the intent to further 
a criminal offense under the immigration laws (as such 
term is defined in section 101 of the Immigration and Na-
tionality Act), the Controlled Substances Act, or the Con-
trolled Substances Import and Export Act, or that relates 
to agriculture or monetary instruments shall be fined 
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under this title or imprisoned not more than 10 years, or 
both.’’. 
SEC. 3103. UNLAWFULLY HINDERING IMMIGRATION, BOR-
DER, AND CUSTOMS CONTROLS. 
(a) BRINGING
IN
AND HARBORING
OF CERTAIN 
ALIENS.—Section 274(a) of the Immigration and Nation-
ality Act (8 U.S.C. 1324(a)) is amended— 
(1) in paragraph (2), by striking ‘‘brings to or 
attempts to’’ and inserting the following: ‘‘brings to 
or attempts or conspires to’’; and 
(2) by adding at the end the following: 
‘‘(5) In the case of a person who has brought 
aliens into the United States in violation of this sub-
section, the sentence otherwise provided for may be 
increased by up to 10 years if that person, at the 
time of the offense, used or carried a firearm or 
who, in furtherance of any such crime, possessed a 
firearm.’’. 
(b) AIDING
OR ASSISTING CERTAIN ALIENS TO 
ENTER THE UNITED STATES.—Section 277 of the Immi-
gration and Nationality Act (8 U.S.C. 1327) is amend-
ed— 
(1) by inserting after ‘‘knowingly aids or as-
sists’’ the following: ‘‘or attempts to aid or assist’’; 
and 
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(2) by adding at the end the following: ‘‘In the 
case of a person convicted of an offense under this 
section, the sentence otherwise provided for may be 
increased by up to 10 years if that person, at the 
time of the offense, used or carried a firearm or 
who, in furtherance of any such crime, possessed a 
firearm.’’. 
(c) DESTRUCTION OF UNITED STATES BORDER CON-
TROLS.—Section 1361 of title 18, United States Code, is 
amended— 
(1) by striking ‘‘If the damage’’ and inserting 
the following: 
‘‘(1) Except as otherwise provided in this sec-
tion, if the damage’’; and 
(2) by adding at the end the following: 
‘‘(2) If the injury or depredation was made or 
attempted against any fence, barrier, sensor, cam-
era, or other physical or electronic device deployed 
by the Federal Government to control the border or 
a port of entry or otherwise was intended to con-
struct, excavate, or make any structure intended to 
defeat, circumvent, or evade any such fence, barrier, 
sensor camera, or other physical or electronic device 
deployed by the Federal Government to control the 
border or a port of entry, by a fine under this title 
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or imprisonment for not more than 15 years, or 
both. 
‘‘(3) If the injury or depredation was described 
under paragraph (2) and, in the commission of the 
offense, the offender used or carried a firearm or, in 
furtherance of any such offense, possessed a firearm, 
by a fine under this title or imprisonment for not 
more than 20 years, or both.’’. 
TITLE IV—BORDER SECURITY 
FUNDING 
SEC. 4101. BORDER SECURITY FUNDING. 
(a) FUNDING.—In addition to amounts otherwise 
made available by this Act or any other provision of law, 
there is hereby appropriated to the ‘‘U.S. Customs and 
Border Protection—Procurement, Construction, and Im-
provements’’ account, out of any amounts in the Treasury 
not otherwise appropriated, $23,400,000,000, to be avail-
able as described in subsections (b) and (c), of which— 
(1) $16,625,000,000 shall be for a border wall 
system along the southern border of the United 
States, including physical barriers and associated de-
tection technology, roads, and lighting; and 
(2) $6,775,000,000 shall be for infrastructure, 
assets, operations, and technology to enhance border 
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security along the southern border of the United 
States, including— 
(A) border security technology, including 
surveillance technology, at and between ports of 
entry; 
(B) new roads and improvements to exist-
ing roads; 
(C) U.S. Border Patrol facilities and ports 
of entry; 
(D) aircraft, aircraft-based sensors and as-
sociated technology, vessels, spare parts, and 
equipment to maintain such assets; 
(E) a biometric entry and exit system; and 
(F) family residential centers. 
(b) AVAILABILITY
OF
BORDER
WALL
SYSTEM 
FUNDS.— 
(1) IN GENERAL.—Of the amount appropriated 
in subsection (a)(1)— 
(A) $2,241,000,000 shall become available 
October 1, 2018; 
(B) $1,808,000,000 shall become available 
October 1, 2019; 
(C) $1,715,000,000 shall become available 
October 1, 2020; 
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(D) $2,140,000,000 shall become available 
October 1, 2021; 
(E) $1,735,000,000 shall become available 
October 1, 2022; 
(F) $1,746,000,000 shall become available 
October 1, 2023; 
(G) $1,776,000,000 shall become available 
October 1, 2024; 
(H) $1,746,000,000 shall become available 
October 1, 2025; and 
(I) $1,718,000,000 shall become available 
October 1, 2026. 
(2) PERIOD
OF
AVAILABILITY.—An amount 
made available under subparagraph (A), (B), (C), 
(D), (E), (F), (G), (H), or (I) of paragraph (1) shall 
remain available for five years after the date speci-
fied in that subparagraph. 
(c) AVAILABILITY OF BORDER SECURITY INVEST-
MENT FUNDS.— 
(1) IN GENERAL.—Of the amount appropriated 
in subsection (a)(2)— 
(A) $500,000,000 shall become available 
October 1, 2018; 
(B) $1,850,000,000 shall become available 
October 1, 2019; 
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(C) $1,950,000,000 shall become available 
October 1, 2020; 
(D) $1,925,000,000 shall become available 
October 1, 2021; and 
(E) $550,000,000 shall become available 
October 1, 2022. 
(2) PERIOD
OF
AVAILABILITY.—An amount 
made available under subparagraph (A), (B), (C), 
(D), or (E) of paragraph (1) shall remain available 
for five years after the date specified in that sub-
paragraph. 
(3) TRANSFER AUTHORITY.— 
(A) IN
GENERAL.—Notwithstanding any 
limitation on transfer authority in any other 
provision of law and subject to the notification 
requirement in subparagraph (B), the Secretary 
of Homeland Security may transfer any 
amounts made available under paragraph (1) to 
the ‘‘U.S. Customs and Border Protection—Op-
erations and Support’’ account only to the ex-
tent necessary to carry out the purposes de-
scribed in subsection (a)(2). 
(B) NOTIFICATION REQUIRED.—The Sec-
retary shall notify the Committees on Appro-
priations of the Senate and the House of Rep-
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resentatives not later than 30 days before each 
such transfer. 
(d) MULTI-YEAR SPENDING PLAN.—The Secretary 
of Homeland Security shall include in the budget justifica-
tion materials submitted in support of the President’s an-
nual budget request for fiscal year 2020 (as submitted 
under section 1105(a) of title 31, United States Code) a 
multi-year spending plan for the amounts made available 
under subsection (a). 
(e) EXPENDITURE PLAN.—Each amount that be-
comes available in accordance with subsection (b) or (c) 
may not be obligated until the date that is 30 days after 
the date on which the Committees on Appropriations of 
the Senate and the House of Representatives receive a de-
tailed plan, prepared by the Commissioner of U.S. Cus-
toms and Border Protection, for the expenditure of such 
amount. 
(f) QUARTERLY BRIEFING REQUIREMENT.—Begin-
ning not later than 180 days after the date of the enact-
ment of this Act, and quarterly thereafter, the Commis-
sioner of U.S. Customs and Border Protection shall brief 
the Committees on Appropriations of the Senate and the 
House of Representatives regarding activities under and 
progress made in carrying out this section. 
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130 
(g) RULES OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to limit the availability of funds 
made available by any other provision of law for carrying 
out the requirements of this Act or the amendments made 
by this Act. Any reference in this section to an appropria-
tion account shall be construed to include any successor 
accounts. 
(h) DISCRETIONARY
AMOUNTS.—Notwithstanding 
any other provision of law, the amounts appropriated 
under subsection (a) are discretionary appropriations (as 
that term is defined in section 250(c)(7) of the Balanced 
Budget and Emergency Deficit Control Act of 1985 (2 
U.S.C. 900(c)(7))). 
SEC. 4102. EXCLUSION FROM PAYGO SCORECARDS. 
The budgetary effects of this Act shall not be entered 
on either PAYGO scorecard maintained pursuant to sec-
tion 4(d) of the Statutory Pay-As-You-Go Act of 2010. 
Æ 
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