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
REQUIRE-
MENTS.—In accordance with subsection (d), the Commis-
sioner 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— 
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(A) coordinate flight operations with the 
Administrator of the Federal Aviation Adminis-
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’’. 
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(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 
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. 
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(C) To increase coastal maritime domain 
awareness, the following: 
(i) Deployable, lighter-than-air surface 
surveillance equipment. 
(ii) Unmanned aerial vehicles with 
maritime surveillance capability. 
(iii) U.S. Customs and Border 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. 
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(2) EL CENTRO SECTOR.—For the El Centro 
sector, the following: 
(A) Tower-based surveillance technology. 
(B) Deployable, lighter-than-air ground 
surveillance equipment. 
(C) Man-portable unmanned aerial 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. 
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(D) Advanced unattended surveillance sen-
sors. 
(E) A rapid reaction capability supported 
by aviation assets. 
(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. 
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(G) Man-portable unmanned aerial vehi-
cles. 
(H) Improved agent communications capa-
bilities. 
(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: 
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(A) Tower-based surveillance technology. 
(B) Deployable, lighter-than-air ground 
surveillance equipment. 
(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. 
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(D) Improved maritime capabilities in the 
Amistad National Recreation Area. 
(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. 
(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. 
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(G) A rapid reaction capability supported 
by aviation assets. 
(H) Man-portable unmanned aerial vehi-
cles. 
(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. 
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(J) Man-portable unmanned aerial vehi-
cles. 
(K) Improved agent communications capa-
bilities. 
(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: 
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(A) Increased flight hours for aerial detec-
tion, interdiction, and monitoring operations ca-
pability. 
(B) Increased maritime interdiction capa-
bilities. 
(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. 
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(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. 
(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: 
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(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 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. 
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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. 
(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. 
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(17) HOULTON SECTOR.—For the Houlton 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. 
(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. 
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(C) To increase maritime domain aware-
ness, the following: 
(i) Unmanned aerial vehicles with 
maritime surveillance capability. 
(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-
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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 
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 
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subparagraph regarding such alteration, 
including information relating to— 
(I) the number and types of as-
sets and personnel deployed pursuant 
to such alteration; and 
(II) the impact such alteration 
has on the capability of the Coast 
Guard to conduct its mission in the 
transit zone referred to in paragraph 
(18) of subsection (a). 
(c) EXIGENT CIRCUMSTANCES.— 
(1) IN GENERAL.—Notwithstanding subsection 
(b), the Secretary may deploy the capabilities 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 
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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-
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 
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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. 
‘‘(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-
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tified by the Comptroller General of the United States. 
The Commissioner shall provide information, as needed, 
to assist the Under Secretary in monitoring management 
of border security technology acquisition programs under 
this section. 
‘‘(d) PLAN.—The Secretary, acting through the 
Under Secretary for Management, in coordination with 
the Under Secretary for Science and Technology and the 
Commissioner of U.S. Customs and Border Protection, 
shall submit to the appropriate congressional committees 
a plan for testing, evaluating, and using independent 
verification and validation resources for border security 
technology. Under the plan, new border security 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-
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