velop and implement any financial assistance under this 
section. 
‘‘(g) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed as affecting, augmenting, or dimin-
ishing the authority of the Secretary of State. 
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—In ad-
dition to amounts otherwise authorized to be appropriated 
for such purpose, there is authorized to be appropriated 
$50,000,000 for fiscal years 2019 through 2023 to carry 
out this section.’’. 
(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 
436 the following new item: 
‘‘Sec. 437. Foreign migration assistance.’’. 
SEC. 1127. BIOMETRIC IDENTIFICATION TRANSNATIONAL 
MIGRATION ALERT PROGRAM. 
(a) IN GENERAL.—Subtitle D of title IV of the 
Homeland Security Act of 2002 (6 U.S.C. 251 et seq.) 
is amended by adding at the end the following new section: 
‘‘SEC. 447. BIOMETRIC IDENTIFICATION TRANSNATIONAL 
MIGRATION ALERT PROGRAM. 
‘‘(a) ESTABLISHMENT.—There is established in the 
Department a program to be known as the Biometric 
Identification Transnational Migration Alert Program (re-
ferred to in this section as ‘BITMAP’) to address and re-
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duce national security, border security, and public safety 
threats before such threats reach the international border 
of the United States. 
‘‘(b) DUTIES.—In carrying out BITMAP operations, 
the Secretary, acting through the Director of U.S. Immi-
gration and Customs Enforcement, shall— 
‘‘(1) provide, when necessary, capabilities, 
training, and equipment, to the government of a for-
eign country to collect biometric and biographic 
identification data from individuals to identify, pre-
vent, detect, and interdict high risk individuals iden-
tified as national security, border security, or public 
safety threats who may attempt to enter the United 
States utilizing illicit pathways; 
‘‘(2) provide capabilities to the government of a 
foreign country to compare foreign data against ap-
propriate United States national security, border se-
curity, public safety, immigration, and counter-ter-
rorism data, including— 
‘‘(A) the Federal Bureau of Investigation’s 
Terrorist Screening Database, or successor 
database; 
‘‘(B) the Federal Bureau of Investigation’s 
Next Generation Identification database, or suc-
cessor database; 
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‘‘(C) the Department of Defense Auto-
mated Biometric Identification System (com-
monly known as ‘ABIS’), or successor database; 
‘‘(D) the Department’s Automated Biomet-
ric Identification System (commonly known as 
‘IDENT’), or successor database; and 
‘‘(E) any other database, notice, or means 
that the Secretary, in consultation with the 
heads of other Federal departments and agen-
cies responsible for such databases, notices, or 
means, designates; and 
‘‘(3) ensure biometric and biographic identifica-
tion data collected pursuant to BITMAP are incor-
porated into appropriate United States Government 
databases, in compliance with the policies and proce-
dures established by the Privacy Officer appointed 
under section 222. 
‘‘(c) COLLABORATION.—The Secretary shall ensure 
that BITMAP operations include participation from rel-
evant components of the Department, and, as appropriate, 
request participation from other Federal agencies. 
‘‘(d) COORDINATION.—The Secretary shall coordi-
nate with the Secretary of State, appropriate representa-
tives of foreign governments, and the heads of other Fed-
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eral agencies, as appropriate, to carry out paragraph (1) 
of subsection (b). 
‘‘(e) AGREEMENTS.—Before carrying out BITMAP 
operations in a foreign country that, as of the date of the 
enactment of this section, was not a partner country de-
scribed in this section, the Secretary, with the concurrence 
of the Secretary of State, shall enter into an agreement 
or arrangement with the government of such country that 
outlines such operations in such country, including related 
departmental operations. Such country shall be a partner 
country described in this section pursuant to and for pur-
poses of such agreement or arrangement. 
‘‘(f) NOTIFICATION TO CONGRESS.—Not later than 
60 days before an agreement with the government of a 
foreign country to carry out BITMAP operations in such 
foreign country enters into force, the Secretary shall pro-
vide the Committee on Homeland Security of the House 
of Representatives and the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate with a copy 
of the agreement to establish such operations, which shall 
include— 
‘‘(1) the identification of the foreign country 
with which the Secretary intends to enter into such 
an agreement; 
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‘‘(2) the location at which such operations will 
be conducted; and 
‘‘(3) the terms and conditions for Department 
personnel operating at such location.’’. 
(b) REPORT.—Not later than 180 days after the date 
on which the Biometric Identification Transnational Mi-
gration Alert Program (BITMAP) is established under 
section 447 of the Homeland Security Act of 2002 (as 
added by subsection (a) of this section) and annually 
thereafter for the following five years, the Secretary of 
Homeland Security 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 report that details the effectiveness 
of BITMAP operations in enhancing national security, 
border security, and public safety. 
(c) 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 
446 the following new item: 
‘‘Sec. 447. Biometric Identification Transnational Migration Alert Program.’’. 
Subtitle B—Personnel 
SEC. 1131. ADDITIONAL U.S. CUSTOMS AND BORDER PRO-
TECTION AGENTS AND OFFICERS. 
(a) BORDER PATROL AGENTS.—Not later than Sep-
tember 30, 2023, the Commissioner shall hire, train, and 
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assign sufficient agents to maintain an active duty pres-
ence 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, 
2023— 
(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, 2023, the Commissioner shall hire, train, 
and assign sufficient agents for Air and Marine Oper-
ations 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 maritime operations. 
(d) U.S. CUSTOMS AND BORDER PROTECTION K–9 
UNITS AND HANDLERS.— 
(1) K–9 UNITS.—Not later than September 30, 
2023, the Commissioner shall deploy not fewer than 
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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 inspec-
tion lanes at land ports of entry and checkpoints. 
(e) U.S. CUSTOMS
AND
BORDER
PROTECTION 
HORSEBACK UNITS.— 
(1) INCREASE.—Not later than September 30, 
2023, the Commissioner shall increase the number 
of horseback units, with supporting officers of U.S. 
Customs and Border Protection and other required 
staff, by not fewer than 100 officers and 50 horses 
for security patrol along the Southern border. 
(2) HORSEBACK UNIT SUPPORT.—The Commis-
sioner shall construct new stables, maintain and im-
prove existing stables, and provide other resources 
needed to maintain the health and well-being of the 
horses that serve in the horseback units of U.S. Cus-
toms and Border Protection. 
(f) U.S. CUSTOMS
AND
BORDER
PROTECTION 
SEARCH TRAUMA AND RESCUE TEAMS.—Not later than 
September 30, 2023, the Commissioner shall increase by 
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not fewer than 50 the number of officers engaged in 
search and rescue activities along the southern border. 
(g) U.S. CUSTOMS AND BORDER PROTECTION TUN-
NEL DETECTION
AND TECHNOLOGY PROGRAM.—Not 
later than September 30, 2023, the Commissioner shall 
increase by not fewer than 50 the number of officers as-
sisting task forces and activities related to deployment and 
operation of border tunnel detection technology and appre-
hensions of individuals using such tunnels for crossing 
into the United States, drug trafficking, or human smug-
gling. 
(h) AGRICULTURAL SPECIALISTS.—Not later than 
September 30, 2023, the Secretary shall hire, train, and 
assign to duty, in addition to the officers and agents au-
thorized under subsections (a) through (g), 631 U.S. Cus-
toms 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, 2023, the Commissioner 
shall hire, train, and assign sufficient Office of Profes-
sional Responsibility special agents to maintain an active 
duty presence of not fewer than 550 full-time equivalent 
special agents. 
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(j) U.S. CUSTOMS AND BORDER PROTECTION OF-
FICE OF INTELLIGENCE.—Not later than September 30, 
2023, the Commissioner shall hire, train, and assign suffi-
cient Office of Intelligence personnel to maintain not fewer 
than 700 full-time equivalent employees. 
(k) GAO REPORT.—If the staffing levels required 
under this section are not achieved by September 30, 
2023, the Comptroller General of the United States shall 
conduct a review of the reasons why such levels were not 
achieved. 
SEC. 1132. U.S. CUSTOMS AND BORDER PROTECTION RE-
TENTION INCENTIVES. 
(a) IN GENERAL.—Chapter 97 of title 5, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 9702. U.S. Customs and Border Protection tem-
porary employment authorities 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘CBP employee’ means an em-
ployee of U.S. Customs and Border Protection de-
scribed under any of subsections (a) through (h) of 
section 1131 of the Border Security for America Act 
of 2018; 
‘‘(2) the term ‘Commissioner’ means the Com-
missioner of U.S. Customs and Border Protection; 
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‘‘(3) the term ‘Director’ means the Director of 
the Office of Personnel Management; 
‘‘(4) the term ‘Secretary’ means the Secretary 
of Homeland Security; and 
‘‘(5) the term ‘appropriate congressional com-
mittees’ means the Committee on Oversight and 
Government Reform, 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. 
‘‘(b) DIRECT HIRE AUTHORITY; RECRUITMENT AND 
RELOCATION BONUSES; RETENTION BONUSES.— 
‘‘(1) STATEMENT
OF
PURPOSE
AND
LIMITA-
TION.—The purpose of this subsection is to allow 
U.S. Customs and Border Protection to expedi-
tiously meet the hiring goals and staffing levels re-
quired by section 1131 of the Border Security for 
America Act of 2018. The Secretary shall not use 
this authority beyond meeting the requirements of 
such section. 
‘‘(2) DIRECT HIRE AUTHORITY.—The Secretary 
may appoint, without regard to any provision of sec-
tions 3309 through 3319, candidates to positions in 
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the competitive service as CBP employees if the Sec-
retary has given public notice for the positions. 
‘‘(3) RECRUITMENT
AND
RELOCATION
BO-
NUSES.—The Secretary may pay a recruitment or 
relocation bonus of up to 50 percent of the annual 
rate of basic pay to an individual CBP employee at 
the beginning of the service period multiplied by the 
number of years (including a fractional part of a 
year) in the required service period to an individual 
(other than an individual described in subsection 
(a)(2) of section 5753) if— 
‘‘(A) the Secretary determines that condi-
tions consistent with the conditions described in 
paragraphs (1) and (2) of subsection (b) of 
such section 5753 are satisfied with respect to 
the individual (without regard to the regula-
tions referenced in subsection (b)(2)(B(ii)(I) of 
such section or to any other provision of that 
section); and 
‘‘(B) the individual enters into a written 
service agreement with the Secretary— 
‘‘(i) under which the individual is re-
quired to complete a period of employment 
as a CBP employee of not less than 2 
years; and 
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‘‘(ii) that includes— 
‘‘(I) the commencement and ter-
mination dates of the required service 
period (or provisions for the deter-
mination thereof); 
‘‘(II) the amount of the bonus; 
and 
‘‘(III) other terms and conditions 
under which the bonus is payable, 
subject to the requirements of this 
subsection, including— 
‘‘(aa) the conditions under 
which the agreement may be ter-
minated before the agreed-upon 
service period has been com-
pleted; and 
‘‘(bb) the effect of a termi-
nation described in item (aa). 
‘‘(4) RETENTION
BONUSES.—The Secretary 
may pay a retention bonus of up to 50 percent of 
basic pay to an individual CBP employee (other than 
an individual described in subsection (a)(2) of sec-
tion 5754) if— 
‘‘(A) the Secretary determines that— 
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‘‘(i) a condition consistent with the 
condition described in subsection (b)(1) of 
such section 5754 is satisfied with respect 
to the CBP employee (without regard to 
any other provision of that section); and 
‘‘(ii) in the absence of a retention 
bonus, the CBP employee would be likely 
to leave— 
‘‘(I) the Federal service; or 
‘‘(II) for a different position in 
the Federal service, including a posi-
tion in another agency or component 
of the Department of Homeland Secu-
rity; and 
‘‘(B) the individual enters into a written 
service agreement with the Secretary— 
‘‘(i) under which the individual is re-
quired to complete a period of employment 
as a CBP employee of not less than 2 
years; and 
‘‘(ii) that includes— 
‘‘(I) the commencement and ter-
mination dates of the required service 
period (or provisions for the deter-
mination thereof); 
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‘‘(II) the amount of the bonus; 
and 
‘‘(III) other terms and conditions 
under which the bonus is payable, 
subject to the requirements of this 
subsection, including— 
‘‘(aa) the conditions under 
which the agreement may be ter-
minated before the agreed-upon 
service period has been com-
pleted; and 
‘‘(bb) the effect of a termi-
nation described in item (aa). 
‘‘(5) RULES FOR BONUSES.— 
‘‘(A) MAXIMUM BONUS.—A bonus paid to 
an employee under— 
‘‘(i) paragraph (3) may not exceed 
100 percent of the annual rate of basic pay 
of the employee as of the commencement 
date of the applicable service period; and 
‘‘(ii) paragraph (4) may not exceed 50 
percent of the annual rate of basic pay of 
the employee. 
‘‘(B) RELATIONSHIP
TO
BASIC
PAY.—A 
bonus paid to an employee under paragraph (3) 
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or (4) shall not be considered part of the basic 
pay of the employee for any purpose, including 
for retirement or in computing a lump-sum pay-
ment to the covered employee for accumulated 
and accrued annual leave under section 5551 or 
section 5552. 
‘‘(C) PERIOD OF SERVICE FOR RECRUIT-
MENT, 
RELOCATION, 
AND
RETENTION
BO-
NUSES.— 
‘‘(i) A bonus paid to an employee 
under paragraph (4) may not be based on 
any period of such service which is the 
basis for a recruitment or relocation bonus 
under paragraph (3). 
‘‘(ii) A bonus paid to an employee 
under paragraph (3) or (4) may not be 
based on any period of service which is the 
basis for a recruitment or relocation bonus 
under section 5753 or a retention bonus 
under section 5754. 
‘‘(c) SPECIAL RATES OF PAY.—In addition to the cir-
cumstances described in subsection (b) of section 5305, 
the Director may establish special rates of pay in accord-
ance with that section to assist the Secretary in meeting 
the requirements of section 1131 of the Border Security 
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for America Act of 2018. The Director shall prioritize the 
consideration of requests from the Secretary for such spe-
cial rates of pay and issue a decision as soon as prac-
ticable. The Secretary shall provide such information to 
the Director as the Director deems necessary to evaluate 
special rates of pay under this subsection. 
‘‘(d) OPM OVERSIGHT.— 
‘‘(1) Not later than September 30 of each year, 
the Secretary shall provide a report to the Director 
on U.S. Custom and Border Protection’s use of au-
thorities provided under subsections (b) and (c). In 
each report, the Secretary shall provide such infor-
mation as the Director determines is appropriate to 
ensure appropriate use of authorities under such 
subsections. Each report shall also include an assess-
ment of— 
‘‘(A) the impact of the use of authorities 
under subsections (b) and (c) on implementa-
tion of section 1131 of the Border Security for 
America Act of 2018; 
‘‘(B) solving hiring and retention chal-
lenges at the agency, including at specific loca-
tions; 
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‘‘(C) whether hiring and retention chal-
lenges still exist at the agency or specific loca-
tions; and 
‘‘(D) whether the Secretary needs to con-
tinue to use authorities provided under this sec-
tion at the agency or at specific locations. 
‘‘(2) CONSIDERATION.—In compiling a report 
under paragraph (1), the Secretary shall consider— 
‘‘(A) whether any CBP employee accepted 
an employment incentive under subsection (b) 
and (c) and then transferred to a new location 
or left U.S. Customs and Border Protection; 
and 
‘‘(B) the length of time that each employee 
identified under subparagraph (A) stayed at the 
original location before transferring to a new lo-
cation or leaving U.S. Customs and Border 
Protection. 
‘‘(3) DISTRIBUTION.—In addition to the Direc-
tor, the Secretary shall submit each report required 
under this subsection to the appropriate congres-
sional committees. 
‘‘(e) OPM ACTION.—If the Director determines the 
Secretary has inappropriately used authorities under sub-
section (b) or a special rate of pay provided under sub-
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section (c), the Director shall notify the Secretary and the 
appropriate congressional committees in writing. Upon re-
ceipt of the notification, the Secretary may not make any 
new appointments or issue any new bonuses under sub-
section (b), nor provide CBP employees with further spe-
cial rates of pay, until the Director has provided the Sec-
retary and the appropriate congressional committees a 
written notice stating the Director is satisfied safeguards 
are in place to prevent further inappropriate use. 
‘‘(f) IMPROVING CBP HIRING AND RETENTION.— 
‘‘(1) EDUCATION OF CBP HIRING OFFICIALS.— 
Not later than 180 days after the date of the enact-
ment of this section, and in conjunction with the 
Chief Human Capital Officer of the Department of 
Homeland Security, the Secretary shall develop and 
implement a strategy to improve the education re-
garding hiring and human resources flexibilities (in-
cluding hiring and human resources flexibilities for 
locations in rural or remote areas) for all employees, 
serving in agency headquarters or field offices, who 
are involved in the recruitment, hiring, assessment, 
or selection of candidates for locations in a rural or 
remote area, as well as the retention of current em-
ployees. 
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‘‘(2) ELEMENTS.—Elements of the strategy 
under paragraph (1) shall include the following: 
‘‘(A) Developing or updating training and 
educational materials on hiring and human re-
sources flexibilities for employees who are in-
volved in the recruitment, hiring, assessment, or 
selection of candidates, as well as the retention 
of current employees. 
‘‘(B) Regular training sessions for per-
sonnel who are critical to filling open positions 
in rural or remote areas. 
‘‘(C) The development of pilot programs or 
other programs, as appropriate, consistent with 
authorities provided to the Secretary to address 
identified hiring challenges, including in rural 
or remote areas. 
‘‘(D) Developing and enhancing strategic 
recruiting efforts through the relationships with 
institutions of higher education, as defined in 
section 102 of the Higher Education Act of 
1965 (20 U.S.C. 1002), veterans transition and 
employment centers, and job placement pro-
gram in regions that could assist in filling posi-
tions in rural or remote areas. 
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‘‘(E) Examination of existing agency pro-
grams on how to most effectively aid spouses 
and families of individuals who are candidates 
or new hires in a rural or remote area. 
‘‘(F) Feedback from individuals who are 
candidates or new hires at locations in a rural 
or remote area, including feedback on the qual-
ity of life in rural or remote areas for new hires 
and their families. 
‘‘(G) Feedback from CBP employees, other 
than new hires, who are stationed at locations 
in a rural or remote area, including feedback on 
the quality of life in rural or remote areas for 
those CBP employees and their families. 
‘‘(H) Evaluation of Department of Home-
land Security internship programs and the use-
fulness of those programs in improving hiring 
by the Secretary in rural or remote areas. 
‘‘(3) EVALUATION.— 
‘‘(A) IN GENERAL.—Each year, the Sec-
retary shall— 
‘‘(i) evaluate the extent to which the 
strategy developed and implemented under 
paragraph (1) has improved the hiring and 
retention ability of the Secretary; and 
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‘‘(ii) make any appropriate updates to 
the strategy under paragraph (1). 
‘‘(B) INFORMATION.—The evaluation con-
ducted under subparagraph (A) shall include— 
‘‘(i) any reduction in the time taken 
by the Secretary to fill mission-critical po-
sitions, including in rural or remote areas; 
‘‘(ii) a general assessment of the im-
pact of the strategy implemented under 
paragraph (1) on hiring challenges, includ-
ing in rural or remote areas; and 
‘‘(iii) other information the Secretary 
determines relevant. 
‘‘(g) INSPECTOR GENERAL REVIEW.—Not later than 
two years after the date of the enactment of this section, 
the Inspector General of the Department of Homeland Se-
curity shall review the use of hiring and pay flexibilities 
under subsections (b) and (c) to determine whether the 
use of such flexibilities is helping the Secretary meet hir-
ing and retention needs, including in rural and remote 
areas. 
‘‘(h) REPORT ON POLYGRAPH REQUESTS.—The Sec-
retary shall report to the appropriate congressional com-
mittees on the number of requests the Secretary receives 
from any other Federal agency for the file of an applicant 
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for a position in U.S. Customs and Border Protection that 
includes the results of a polygraph examination. 
‘‘(i) EXERCISE OF AUTHORITY.— 
‘‘(1) SOLE DISCRETION.—The exercise of au-
thority under subsection (b) shall be subject to the 
sole and exclusive discretion of the Secretary (or the 
Commissioner, as applicable under paragraph (2) of 
this subsection), notwithstanding chapter 71 and 
any collective bargaining agreement. 
‘‘(2) DELEGATION.—The Secretary may dele-
gate any authority under this section to the Com-
missioner. 
‘‘(j) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to exempt the Secretary or the Di-
rector from applicability of the merit system principles 
under section 2301. 
‘‘(k) SUNSET.—The authorities under subsections (b) 
and (c) shall terminate on September 30, 2023. Any bonus 
to be paid pursuant to subsection (b) that is approved be-
fore such date may continue until such bonus has been 
paid, subject to the conditions specified in this section.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections for chapter 97 of title 5, United 
States Code, is amended by adding at the end the fol-
lowing: 
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‘‘9702. U.S. Customs and Border Protection temporary employment authori-
ties.’’. 
SEC. 1133. ANTI-BORDER CORRUPTION REAUTHORIZATION 
ACT. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Anti-Border Corruption Reauthorization Act of 2018’’. 
(b) HIRING FLEXIBILITY.—Section 3 of the Anti- 
Border Corruption Act of 2010 (6 U.S.C. 221) is amended 
by striking subsection (b) and inserting the following new 
subsections: 
‘‘(b) WAIVER AUTHORITY.—The Commissioner of 
U.S. Customs and Border Protection may waive the appli-
cation of subsection (a)(1)— 
‘‘(1) to a current, full-time law enforcement of-
ficer employed by a State or local law enforcement 
agency who— 
‘‘(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, investiga-
tion, or prosecution of, or the incarceration of 
any person for, any violation of law, and has 
statutory powers for arrest or apprehension; 
‘‘(C) is not currently under investigation, 
has not been found to have engaged in criminal 
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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, suc-
cessfully completed a polygraph examination as 
a condition of employment with such officer’s 
current 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, con-
duct investigations, conduct searches, make sei-
zures, carry firearms, and serve orders, war-
rants, 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 
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‘‘(D) holds a current Tier 4 background 
investigation or current Tier 5 background in-
vestigation; 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; 
‘‘(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 ob-
tain the clearance referred to subparagraph 
(B). 
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‘‘(c) TERMINATION OF WAIVER AUTHORITY.—The 
authority to issue a waiver under subsection (b) shall ter-
minate on the date that is four years after the date of 
the enactment of the Border Security for America Act of 
2018.’’. 
(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 hir-
ing requirements relating to suitability for employment 
and eligibility to hold a national security designated posi-
tion, as determined by the Commissioner of U.S. Customs 
and Border Protection. 
‘‘(b) BACKGROUND
INVESTIGATIONS.—Any indi-
vidual who receives a waiver under section 3(b) who holds 
a current 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 
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receives a waiver under section 3(b) if information is dis-
covered before the completion of a background investiga-
tion that results in a determination that a polygraph ex-
amination is necessary to make a final determination re-
garding suitability for employment or continued employ-
ment, 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 annu-
ally thereafter while the waiver authority under section 
3(b) is in effect, the Commissioner of U.S. Customs and 
Border Protection 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); 
‘‘(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; 
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‘‘(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 
polygraph waiver program for its intended goals. 
‘‘(b) ADDITIONAL INFORMATION.—The first report 
submitted under subsection (a) shall include— 
‘‘(1) an analysis of other methods of employ-
ment suitability tests that detect deception and could 
be used in conjunction with traditional background 
investigations to evaluate potential employees for 
suitability; 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 
polygraph examination requirement is waived pursu-
ant to section 3(b).’’. 
(3) DEFINITIONS.—The Anti-Border Corrup-
tion Act of 2010, as amended by paragraphs (1) and 
(2), is further amended by adding at the end the fol-
lowing new section: 
‘‘SEC. 6. DEFINITIONS. 
‘‘In this Act: 
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‘‘(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. 
‘‘(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, 2022, the Secretary shall increase to not fewer 
than 150 the number of trained full-time equivalent poly-
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graph examiners for administering polygraphs under the 
Anti-Border Corruption Act of 2010, as amended by this 
subtitle. 
SEC. 1134. 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.—The Commis-
sioner shall ensure that every agent and officer of 
U.S. Customs and Border Protection receives a min-
imum of 21 weeks of training that are directly re-
lated to the mission of the U.S. Border Patrol, Air 
and Marine, and the Office of Field Operations be-
fore the initial assignment of such agents and offi-
cers. 
‘‘(2) FLETC.—The Commissioner shall work 
in consultation with the Director of the Federal Law 
Enforcement Training Centers to establish guide-
lines and curriculum for the training of agents and 
officers of U.S. Customs and Border Protection 
under subsection (a). 
‘‘(3) CONTINUING EDUCATION.—The Commis-
sioner shall annually require all agents and officers 
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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 sub-
section, the Commissioner shall develop and require 
training courses geared towards the development of 
leadership skills for mid- and senior-level career em-
ployees not later than one year after such employees 
assume duties in supervisory roles.’’. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Commissioner shall sub-
mit to the Committee on Homeland Security and the Com-
mittee on Ways and Means of the House of Representa-
tives and the Committee on Homeland Security and Gov-
ernmental Affairs and the Committee on Finance of the 
Senate a report identifying the guidelines and curriculum 
established to carry out subsection (l) of section 411 of 
the Homeland Security Act of 2002, as amended by sub-
section (a) of this section. 
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100 
(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 Com-
mittee on Homeland Security and the Committee on Ways 
and Means of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Affairs 
and the Committee on Finance 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 sub-
section (a) of this section. 
Subtitle C—Grants 
SEC. 1141. OPERATION STONEGARDEN. 
(a) IN GENERAL.—Subtitle A of title XX of the 
Homeland 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 
Department a program to be known as ‘Operation 
Stonegarden’, under which the Secretary, acting through 
the Administrator, shall make grants to eligible law en-
forcement agencies, through the State administrative 
agency, to enhance border security in accordance with this 
section. 
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101 
‘‘(b) ELIGIBLE RECIPIENTS.—To be eligible to re-
ceive a grant under this section, a law enforcement agen-
cy— 
‘‘(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 co-
ordinated through a U.S. Border Patrol sector of-
fice. 
‘‘(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 ac-
tivities; 
‘‘(3) any activity permitted for Operation 
Stonegarden under the Department of Homeland 
Security’s Fiscal Year 2018 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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102 
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 fiscal years 2019 through 
2023, the Administrator shall submit to the Committee 
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 fiscal years 2019 through 2023 for grants under this 
section.’’. 
(b) CONFORMING AMENDMENT.—Subsection (a) of 
section 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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103 
amended by inserting after the item relating to section 
2008 the following: 
‘‘Sec. 2009. Operation Stonegarden.’’. 
TITLE II—EMERGENCY PORT OF 
ENTRY PERSONNEL AND IN-
FRASTRUCTURE FUNDING 
SEC. 2101. PORTS OF ENTRY INFRASTRUCTURE. 
(a) ADDITIONAL PORTS OF ENTRY.— 
(1) AUTHORITY.—The Administrator of Gen-
eral Services may, subject to section 3307 of title 
40, United States Code, construct new ports of entry 
along the northern border and southern border at lo-
cations determined by the Secretary. 
(2) CONSULTATION.— 
(A) REQUIREMENT
TO
CONSULT.—The 
Secretary and the Administrator of General 
Services shall consult with the Secretary of 
State, the Secretary of the Interior, the Sec-
retary of Agriculture, the Secretary of Trans-
portation, and appropriate representatives of 
State and local governments, and Indian tribes, 
and property owners in the United States prior 
to determining a location for any new port of 
entry constructed pursuant to paragraph (1). 
(B) CONSIDERATIONS.—The purpose of 
the consultations required by subparagraph (A) 
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104 
shall be to minimize any negative impacts of 
constructing a new port of entry on the environ-
ment, culture, commerce, and quality of life of 
the communities and residents located near 
such new port. 
(b) EXPANSION AND MODERNIZATION OF HIGH-PRI-
ORITY SOUTHERN BORDER PORTS OF ENTRY.—Not later 
than September 30, 2023, the Administrator of General 
Services, subject to section 3307 of title 40, United States 
Code, and in coordination with the Secretary, shall expand 
or modernize high-priority ports of entry on the southern 
border, as determined by the Secretary, for the purposes 
of reducing wait times and enhancing security. 
(c) PORT OF ENTRY PRIORITIZATION.—Prior to con-
structing any new ports of entry pursuant to subsection 
(a), the Administrator of General Services shall complete 
the expansion and modernization of ports of entry pursu-
ant 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 and the Administrator 
of General Services shall jointly notify the Members 
of Congress who represent the State or congressional 
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105 
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 
Finance, the Committee on Commerce, Science, and 
Transportation, and the Committee on the Judiciary 
of the Senate, and the Committee on Homeland Se-
curity, the Committee on Ways and Means, the 
Committee on Transportation and Infrastructure, 
and the Committee on the Judiciary of the House of 
Representatives. Such notification shall include in-
formation relating to the location of such new port 
of entry, a description of the need for such new port 
of entry and associated anticipated benefits, a de-
scription of the consultations undertaken by the Sec-
retary and the Administrator 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 EXPANSION AND MODERNIZA-
TION OF PORTS OF ENTRY.—Not later than 180 
days after enactment of this Act, the Secretary and 
the Administrator of General Services shall jointly 
notify the Committee on Homeland Security and 
Governmental Affairs, the Committee on Finance, 
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106 
the Committee on Commerce, Science, and Trans-
portation, and the Committee on the Judiciary of 
the Senate, and the Committee on Homeland Secu-
rity, the Committee on Ways and Means, the Com-
mittee on Transportation and Infrastructure, and 
the Committee on the Judiciary of the House of 
Representatives of the ports of entry on the south-
ern border that are the subject of expansion or mod-
ernization pursuant to subsection (b) and the Sec-
retary’s and Administrator’s plan for expanding or 
modernizing each such port of entry. 
(e) SAVINGS PROVISION.—Nothing in this section 
may be construed to— 
(1) create or negate any right of action for a 
State, local government, or other person or entity af-
fected by this section; 
(2) delay the transfer of the possession of prop-
erty to the United States or affect the validity of 
any property acquisitions by purchase or eminent 
domain, or to otherwise affect the eminent domain 
laws of the United States or of any State; or 
(3) create any right or liability for any party. 
(f) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed as providing the Secretary new au-
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107 
thority related to the construction, acquisition, or renova-
tion of real property. 
SEC. 2102. 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 ap-
propriate, is equipped with a secure radio or other two- 
way communication device, supported by system interoper-
ability, 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) U.S. BORDER PATROL AGENTS.—The Secretary 
shall ensure that each U.S. Border Patrol 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. 
(c) LTE CAPABILITY.—In carrying out subsection 
(b), the Secretary shall acquire radios or other devices 
with the option to be LTE-capable for deployment in areas 
where LTE enhances operations and is cost effective. 
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108 
SEC. 2103. BORDER SECURITY DEPLOYMENT PROGRAM. 
(a) EXPANSION.—Not later than September 30, 
2023, the Secretary shall fully implement the Border Se-
curity Deployment Program of the U.S. Customs and Bor-
der Protection 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 years 2019 through 2023 to carry 
out subsection (a). 
SEC. 2104. PILOT AND UPGRADE OF LICENSE PLATE READ-
ERS AT PORTS OF ENTRY. 
(a) UPGRADE.—Not later than two years after the 
date of the enactment of this Act, the Commissioner shall 
upgrade all existing license plate readers in need of up-
grade, as determined by the Commissioner, on the north-
ern and southern borders on incoming and outgoing vehi-
cle lanes. 
(b) PILOT PROGRAM.—Not later than 90 days after 
the date of the enactment of this Act, the Commissioner 
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 
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