243 
(I) in the matter preceding clause 
(i), by striking ‘‘who is a national or 
habitual resident of a country that is 
contiguous with the United States’’; 
(II) in clause (i), by inserting 
‘‘and’’ at the end; 
(III) in clause (ii), by striking ‘‘; 
and’’ and inserting a period; and 
(IV) by striking clause (iii); 
(iii) in subparagraph (B)— 
(I) in the matter preceding clause 
(i), by striking ‘‘(8 U.S.C. 1101 et 
seq.) 
may—’’ 
and 
inserting 
‘‘(8 
U.S.C. 1101 et seq.)—’’; 
(II) in clause (i), by inserting be-
fore ‘‘permit such child to withdraw’’ 
the following: ‘‘may’’; and 
(III) in clause (ii), by inserting 
before ‘‘return such child’’ the fol-
lowing: ‘‘shall’’; and 
(iv) in subparagraph (C)— 
(I) by amending the heading to 
read as follows: ‘‘AGREEMENTS WITH 
FOREIGN COUNTRIES.—’’; and 
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(II) in the matter preceding 
clause (i), by striking ‘‘The Secretary 
of State shall negotiate agreements 
between the United States and coun-
tries contiguous to the United States’’ 
and inserting ‘‘The Secretary of State 
may negotiate agreements between the 
United States and any foreign country 
that the Secretary determines appro-
priate’’; 
(B) 
by 
redesignating 
paragraphs 
(3) 
through (5) as paragraphs (4) through (6), re-
spectively, and inserting after paragraph (2) the 
following: 
‘‘(3) SPECIAL RULES FOR INTERVIEWING UNAC-
COMPANIED ALIEN CHILDREN.—An unaccompanied 
alien child shall be interviewed by a dedicated U.S. 
Citizenship and Immigration Services immigration 
officer with specialized training in interviewing child 
trafficking victims. Such officer shall be in plain 
clothes and shall not carry a weapon. The interview 
shall occur in a private room.’’; and 
(C) in paragraph (6)(D) (as so redesig-
nated)— 
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(i) in the matter preceding clause (i), 
by striking ‘‘, except for an unaccompanied 
alien child from a contiguous country sub-
ject to exceptions under subsection (a)(2),’’ 
and inserting ‘‘who does not meet the cri-
teria listed in paragraph (2)(A)’’; and 
(ii) in clause (i), by inserting before 
the semicolon at the end the following: ‘‘, 
which shall include a hearing before an im-
migration judge not later than 14 days 
after being screened under paragraph (4)’’; 
(2) in subsection (b)— 
(A) in paragraph (2)— 
(i) in subparagraph (A), by inserting 
before the semicolon the following: ‘‘be-
lieved not to meet the criteria listed in sub-
section (a)(2)(A)’’; and 
(ii) in subparagraph (B), by inserting 
before the period the following: ‘‘and does 
not meet the criteria listed in subsection 
(a)(2)(A)’’; and 
(B) in paragraph (3), by striking ‘‘an un-
accompanied alien child in custody shall’’ and 
all that follows, and inserting the following: ‘‘an 
unaccompanied alien child in custody— 
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‘‘(A) in the case of a child who does not 
meet the criteria listed in subsection (a)(2)(A), 
shall transfer the custody of such child to the 
Secretary of Health and Human Services not 
later than 30 days after determining that such 
child is an unaccompanied alien child who does 
not meet such criteria; or 
‘‘(B) in the case of child who meets the 
criteria listed in subsection (a)(2)(A), may 
transfer the custody of such child to the Sec-
retary of Health and Human Services after de-
termining that such child is an unaccompanied 
alien child who meets such criteria.’’; and 
(3) in subsection (c)— 
(A) in paragraph (3), by inserting at the 
end the following: 
‘‘(D) INFORMATION
ABOUT
INDIVIDUALS 
WITH WHOM CHILDREN ARE PLACED.— 
‘‘(i) INFORMATION TO BE PROVIDED 
TO HOMELAND SECURITY.—Before placing 
a child with an individual, the Secretary of 
Health and Human Services shall provide 
to the Secretary of Homeland Security, re-
garding the individual with whom the child 
will be placed, the following information: 
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247 
‘‘(I) The name of the individual. 
‘‘(II) The social security number 
of the individual. 
‘‘(III) The date of birth of the in-
dividual. 
‘‘(IV) The location of the individ-
ual’s residence where the child will be 
placed. 
‘‘(V) The immigration status of 
the individual, if known. 
‘‘(VI) Contact information for 
the individual. 
‘‘(ii) SPECIAL RULE.—In the case of a 
child who was apprehended on or after 
June 15, 2012, and before the date of the 
enactment of this subparagraph, who the 
Secretary of Health and Human Services 
placed with an individual, the Secretary 
shall provide the information listed in 
clause (i) to the Secretary of Homeland 
Security not later than 90 days after such 
date of enactment. 
‘‘(iii) ACTIVITIES OF THE SECRETARY 
OF HOMELAND SECURITY.—Not later than 
30 days after receiving the information 
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248 
listed in clause (i), the Secretary of Home-
land Security shall— 
‘‘(I) in the case that the immi-
gration status of an individual with 
whom a child is placed is unknown, 
investigate the immigration status of 
that individual; and 
‘‘(II) upon determining that an 
individual with whom a child is placed 
is unlawfully present in the United 
States, initiate removal proceedings 
pursuant to chapter 4 of title II of the 
Immigration and Nationality Act (8 
U.S.C. 1221 et seq.).’’; and 
(B) in paragraph (5)— 
(i) by inserting after ‘‘to the greatest 
extent practicable’’ the following: ‘‘(at no 
expense to the Government)’’; and 
(ii) by striking ‘‘have counsel to rep-
resent them’’ and inserting ‘‘have access to 
counsel to represent them’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply to any unauthorized alien child ap-
prehended on or after June 15, 2012. 
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249 
SEC. 5502. SPECIAL IMMIGRANT JUVENILE STATUS FOR IM-
MIGRANTS UNABLE TO REUNITE WITH EI-
THER PARENT. 
Section 101(a)(27)(J)(i) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(27)(J)(i)) is amended by 
striking ‘‘1 or both of the immigrant’s parents’’ and in-
serting ‘‘either of the immigrant’s parents’’. 
SEC. 5503. JURISDICTION OF ASYLUM APPLICATIONS. 
Section 208(b)(3) of the Immigration and Nationality 
Act (8 U.S.C. 1158) is amended by striking subparagraph 
(C). 
SEC. 5504. QUARTERLY REPORT TO CONGRESS. 
Not later than January 5, 2019, and every 3 months 
thereafter— 
(1) the Attorney General shall submit a report 
on— 
(A) the total number of asylum cases filed 
by unaccompanied alien children and completed 
by an immigration judge during the 3-month 
period preceding the date of the report, and the 
percentage of those cases in which asylum was 
granted; and 
(B) the number of unaccompanied alien 
children who failed to appear for any pro-
ceeding before an immigration judge during the 
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3-month period preceding the date of the re-
port; and 
(2) the Secretary of Homeland Security shall 
submit a report on the total number of applications 
for asylum, filed by unaccompanied alien children, 
that were adjudicated during the 3-month period 
preceding the date of the report and the percentage 
of those applications that were granted. 
SEC. 5505. BIANNUAL REPORT TO CONGRESS. 
Not later than January 5, 2019, and every 6 months 
thereafter, the Attorney General shall submit a report to 
Congress on each crime for which an unaccompanied alien 
child is charged or convicted during the previous 6-month 
period following their release from the custody of the Sec-
retary of Homeland Security pursuant to section 235 of 
the William Wilberforce Trafficking Victims Protection 
Reauthorization Act of 2008 (8 U.S.C. 1232). 
SEC. 5506. CLARIFICATION OF STANDARDS FOR FAMILY DE-
TENTION. 
(a) IN GENERAL.—Section 235 of the William Wil-
berforce Trafficking Victims Protection Reauthorization 
Act of 2008 (8 U.S.C. 1232) is amended by adding at 
the end the following: 
‘‘(j) CONSTRUCTION.— 
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251 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, judicial determination, consent de-
cree, or settlement agreement, the detention of any 
alien child who is not an unaccompanied alien child 
shall be governed by sections 217, 235, 236, and 
241 of the Immigration and Nationality Act (8 
U.S.C. 1187, 1225, 1226, and 1231). There exists 
no presumption that an alien child who is not an un-
accompanied alien child should not be detained, and 
all such determinations shall be in the discretion of 
the Secretary of Homeland Security. 
‘‘(2) RELEASE OF MINORS OTHER THAN UNAC-
COMPANIED ALIENS.—In no circumstances shall an 
alien minor who is not an unaccompanied alien child 
be released by the Secretary of Homeland Security 
other than to a parent or legal guardian.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to all actions that occur 
before, on, or after the date of the enactment of this Act. 
DIVISION C—BORDER 
ENFORCEMENT 
SEC. 1100. SHORT TITLE. 
This division may be cited as the ‘‘Border Security 
for America Act of 2018’’. 
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TITLE I—BORDER SECURITY 
SEC. 1101. DEFINITIONS. 
In this title: 
(1) ADVANCED
UNATTENDED
SURVEILLANCE 
SENSORS.—The term ‘‘advanced unattended surveil-
lance sensors’’ means sensors that utilize an onboard 
computer to analyze detections in an effort to dis-
cern between vehicles, humans, and animals, and ul-
timately filter false positives prior to transmission. 
(2) 
APPROPRIATE
CONGRESSIONAL
COM-
MITTEE.—The term ‘‘appropriate congressional com-
mittee’’ has the meaning given the term in section 
2(2) of the Homeland Security Act of 2002 (6 
U.S.C. 101(2)). 
(3) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means the Commissioner of U.S. Customs 
and Border Protection. 
(4) HIGH
TRAFFIC
AREAS.—The term ‘‘high 
traffic areas’’ has the meaning given such term in 
section 102(e)(1) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996, as 
amended by section 1111 of this division. 
(5) OPERATIONAL CONTROL.—The term ‘‘oper-
ational control’’ has the meaning given such term in 
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section 2(b) of the Secure Fence Act of 2006 (8 
U.S.C. 1701 note; Public Law 109–367). 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
(7) 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 (Public Law 
114–328; 6 U.S.C. 223(a)(7)). 
(8) SMALL UNMANNED AERIAL VEHICLE.—The 
term ‘‘small unmanned aerial vehicle’’ has the mean-
ing given the term ‘‘small unmanned aircraft’’ in 
section 331 of the FAA Modernization and Reform 
Act of 2012 (Public Law 112–95; 49 U.S.C. 40101 
note). 
(9) TRANSIT ZONE.—The term ‘‘transit zone’’ 
has the meaning given such term in section 
1092(a)(8) of the National Defense Authorization 
Act for Fiscal Year 2017 (Public Law 114–328; 6 
U.S.C. 223(a)(7)). 
(10) UNMANNED AERIAL SYSTEM.—The term 
‘‘unmanned aerial system’’ has the meaning given 
the term ‘‘unmanned aircraft system’’ in section 331 
of the FAA Modernization and Reform Act of 2012 
(Public Law 112–95; 49 U.S.C. 40101 note). 
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(11) UNMANNED AERIAL VEHICLE.—The term 
‘‘unmanned aerial vehicle’’ has the meaning given 
the term ‘‘unmanned aircraft’’ in section 331 of the 
FAA Modernization and Reform Act of 2012 (Public 
Law 112–95; 49 U.S.C. 40101 note). 
Subtitle A—Infrastructure and 
Equipment 
SEC. 1111. STRENGTHENING THE REQUIREMENTS FOR BAR-
RIERS ALONG THE SOUTHERN BORDER. 
Section 102 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (Division C of Pub-
lic Law 104–208; 8 U.S.C. 1103 note) is amended— 
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a) IN GENERAL.—The Secretary of Homeland Se-
curity shall take such actions as may be necessary (includ-
ing the removal of obstacles to detection of illegal en-
trants) to design, test, construct, install, deploy, and oper-
ate physical barriers, tactical infrastructure, and tech-
nology in the vicinity of the United States border to 
achieve situational awareness and operational control of 
the border and deter, impede, and detect illegal activity 
in high traffic areas.’’; 
(2) in subsection (b)— 
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256 
awareness and operational control of the 
border. 
‘‘(ii) CONSIDERATION
FOR
CERTAIN 
PHYSICAL BARRIERS AND TACTICAL INFRA-
STRUCTURE.—The deployment of physical 
barriers and tactical infrastructure under 
this subparagraph shall not apply in any 
area or region along the border where nat-
ural terrain features, natural barriers, or 
the remoteness of such area or region 
would make any such deployment ineffec-
tive, as determined by the Secretary, for 
the purposes of achieving situational 
awareness or operational control of such 
area or region.’’; 
(iii) in subparagraph (C)— 
(I) by amending clause (i) to 
read as follows: 
‘‘(i) IN
GENERAL.—In carrying out 
this section, the Secretary of Homeland 
Security shall, before constructing physical 
barriers in a specific area or region, con-
sult with the Secretary of the Interior, the 
Secretary of Agriculture, appropriate rep-
resentatives of Federal, State, local, and 
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tribal governments, and appropriate pri-
vate property owners in the United States 
to minimize the impact on the environ-
ment, culture, commerce, and quality of 
life for the communities and residents lo-
cated near the sites at which such physical 
barriers are to be constructed.’’; 
(II) by redesignating clause (ii) 
as clause (iii); and 
(III) by inserting after clause (i), 
as amended, the following new clause: 
‘‘(ii) NOTIFICATION.—Not later than 
60 days after the consultation required 
under clause (i), the Secretary of Home-
land Security shall notify the Committee 
on Homeland Security of the House of 
Representatives and the Committee on 
Homeland Security and Governmental Af-
fairs of the Senate of the type of physical 
barriers, tactical infrastructure, or tech-
nology the Secretary has determined is 
most practical and effective to achieve situ-
ational awareness and operational control 
in a specific area or region and the other 
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258 
alternatives the Secretary considered be-
fore making such a determination.’’; and 
(iv) by striking subparagraph (D); 
(C) in paragraph (2)— 
(i) by striking ‘‘Attorney General’’ 
and inserting ‘‘Secretary of Homeland Se-
curity’’; 
(ii) by striking ‘‘this subsection’’ and 
inserting ‘‘this section’’; and 
(iii) by striking ‘‘construction of 
fences’’ and inserting ‘‘the construction of 
physical barriers’’; and 
(D) by amending paragraph (3) to read as 
follows: 
‘‘(3) AGENT SAFETY.—In carrying out this sec-
tion, the Secretary of Homeland Security, when de-
signing, constructing, and deploying physical bar-
riers, tactical infrastructure, or technology, shall in-
corporate such safety features into such design, con-
struction, or deployment of such physical barriers, 
tactical infrastructure, or technology, as the case 
may be, that the Secretary determines, in the Sec-
retary’s sole discretion, are necessary to maximize 
the safety and effectiveness of officers or agents of 
the Department of Homeland Security or of any 
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259 
other Federal agency deployed in the vicinity of such 
physical barriers, tactical infrastructure, or tech-
nology.’’; 
(3) in subsection (c), by amending paragraph 
(1) to read as follows: 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Secretary of Homeland Security 
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, operation, and maintenance of the physical 
barriers, tactical infrastructure, and technology 
under this section. Any such decision by the Sec-
retary shall be effective upon publication in the Fed-
eral Register.’’; and 
(4) by adding after subsection (d) the following 
new subsections: 
‘‘(e) TECHNOLOGY.—Not later than September 30, 
2022, 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. 
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‘‘(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 
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. 
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‘‘(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 (Public Law 
114–328). 
‘‘(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. 
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‘‘(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 
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, 
after coordination with the Administrator of the Federal 
Aviation Administration, shall ensure that not fewer than 
95,000 annual flight hours are carried out by Air and Ma-
rine Operations of U.S. Customs and Border Protection. 
(b) UNMANNED AERIAL SYSTEM.—The Secretary 
shall ensure that Air and Marine Operations operate un-
manned aerial systems on the southern 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— 
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263 
(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 
(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-
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264 
ational requirements and to achieve situational 
awareness and operational control. 
(2) COORDINATION.—In carrying out para-
graph (1), the Chief of the U.S. Border Patrol 
shall— 
(A) coordinate flight operations with the 
Administrator of the Federal Aviation Adminis-
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: 
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‘‘(C) carry out the small unmanned aerial 
vehicle requirements pursuant to subsection (f) 
of section 1112 of the Border Security for 
America Act of 2018; and’’. 
(g) SAVING CLAUSE.—Nothing in this section shall 
confer, transfer, or delegate to the Secretary, the Commis-
sioner, the Executive Assistant Commissioner for Air and 
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, 
2022, 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: 
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(1) SAN DIEGO SECTOR.—For the San Diego 
sector, the following: 
(A) Tower-based surveillance technology. 
(B) Subterranean surveillance and detec-
tion technologies. 
(C) To increase coastal maritime domain 
awareness, the following: 
(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. 
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(H) Man-portable unmanned aerial vehi-
cles. 
(I) Improved agent communications capa-
bilities. 
(2) EL CENTRO SECTOR.—For the El Centro 
sector, the following: 
(A) Tower-based surveillance technology. 
(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. 
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(B) Deployable, lighter-than-air ground 
surveillance equipment. 
(C) Ultralight aircraft detection capabili-
ties. 
(D) Advanced unattended surveillance sen-
sors. 
(E) A rapid reaction capability supported 
by aviation assets. 
(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. 
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(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. 
(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. 
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(I) Improved agent communications capa-
bilities. 
(6) BIG BEND SECTOR.—For the Big Bend sec-
tor, the following: 
(A) Tower-based surveillance technology. 
(B) Deployable, lighter-than-air ground 
surveillance equipment. 
(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. 
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(B) Increased monitoring for cross-river 
dams, culverts, and footpaths. 
(C) Improved agent communications capa-
bilities. 
(D) Improved maritime capabilities in the 
Amistad National Recreation Area. 
(E) Advanced unattended surveillance sen-
sors. 
(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. 
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(D) Increased monitoring for cross-river 
dams, culverts, and footpaths. 
(E) Ultralight aircraft detection capability. 
(F) Advanced unattended surveillance sen-
sors. 
(G) A rapid reaction capability supported 
by aviation assets. 
(H) Man-portable unmanned aerial vehi-
cles. 
(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. 
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(G) A rapid reaction capability supported 
by aviation assets. 
(H) Increased maritime interdiction capa-
bilities. 
(I) Mobile vehicle-mounted and man-port-
able surveillance capabilities. 
(J) Man-portable unmanned aerial vehi-
cles. 
(K) Improved agent communications capa-
bilities. 
(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. 
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(G) Man-portable unmanned aerial vehi-
cles. 
(H) Improved agent communications capa-
bilities. 
(11) SPOKANE SECTOR.—For the Spokane sec-
tor, the following: 
(A) Increased flight hours for aerial detec-
tion, interdiction, and monitoring operations ca-
pability. 
(B) Increased maritime interdiction capa-
bilities. 
(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: 
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(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. 
(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. 
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(E) Man-portable unmanned aerial vehi-
cles. 
(F) Improved agent communications sys-
tems. 
(14) DETROIT SECTOR.—For the Detroit sec-
tor, the following: 
(A) Increased flight hours for aerial detec-
tion, interdiction, and monitoring operations ca-
pability. 
(B) Coastal radar surveillance systems. 
(C) Increased maritime interdiction capa-
bilities. 
(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: 
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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. 
(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. 
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(D) Ultralight aircraft detection capabili-
ties. 
(E) Man-portable unmanned aerial vehi-
cles. 
(F) Improved agent communications sys-
tems. 
(17) HOULTON SECTOR.—For the Houlton sec-
tor, the following: 
(A) Increased flight hours for aerial detec-
tion, interdiction, and monitoring operations ca-
pability. 
(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 
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number of overall cutter, boat, and aircraft 
hours spent conducting interdiction operations 
over the average number of such hours during 
the preceding three fiscal years. 
(B) Increased maritime signals intelligence 
capabilities. 
(C) To increase maritime domain aware-
ness, the following: 
(i) Unmanned aerial vehicles with 
maritime surveillance capability. 
(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. 
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(b) TACTICAL FLEXIBILITY.— 
(1) SOUTHERN
AND
NORTHERN
LAND
BOR-
DERS.— 
(A) IN
GENERAL.—Beginning on Sep-
tember 30, 2021, or after the Secretary has de-
ployed at least 25 percent of the capabilities re-
quired in each sector specified in subsection (a), 
whichever comes later, the Secretary may devi-
ate from such capability deployments if the Sec-
retary determines that such deviation is re-
quired to achieve situational awareness or oper-
ational control. 
(B) NOTIFICATION.—If the Secretary exer-
cises the authority described in subparagraph 
(A), the Secretary shall, not later than 90 days 
after such exercise, notify the Committee on 
Homeland Security and Governmental Affairs 
of the Senate and the Committee on Homeland 
Security of the House of Representatives re-
garding the deviation under such subparagraph 
that is the subject of such exercise. If the Sec-
retary makes any changes to such deviation, the 
Secretary shall, not later than 90 days after 
any such change, notify such committees re-
garding such change. 
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(2) TRANSIT ZONE.— 
(A) NOTIFICATION.—The Secretary shall 
notify the Committee on Homeland Security 
and Governmental Affairs of the Senate, the 
Committee on Commerce, Science, and Trans-
portation of the Senate, the Committee on 
Homeland Security of the House of Representa-
tives, and the Committee on Transportation 
and Infrastructure of the House of Representa-
tives regarding the capability deployments for 
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-
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graph (A), that such alteration is nec-
essary; and 
(ii) not later than 30 days after mak-
ing a determination under clause (i), noti-
fies the committees referred to in such 
subparagraph regarding such alteration, 
including information relating to— 
(I) the number and types of as-
sets and personnel deployed pursuant 
to such alteration; and 
(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 
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deployment is vital to the national security interests 
of the United States. 
(2) NOTIFICATION.—The Secretary shall notify 
the Committee on Homeland Security of the House 
of Representative and the Committee on Homeland 
Security and Governmental Affairs of the Senate not 
later than 30 days after making a determination 
under paragraph (1). Such notification shall include 
a detailed justification regarding such determination. 
SEC. 1114. U.S. BORDER PATROL ACTIVITIES. 
The Chief of the U.S. Border Patrol shall prioritize 
the deployment of U.S. Border Patrol agents to as close 
to the physical land border as possible, consistent with 
border security enforcement priorities and accessibility to 
such areas. 
SEC. 1115. BORDER SECURITY TECHNOLOGY PROGRAM 
MANAGEMENT. 
(a) IN GENERAL.—Subtitle C of title IV of the 
Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) 
is amended by adding at the end the following new section: 
‘‘SEC. 435. BORDER SECURITY TECHNOLOGY PROGRAM 
MANAGEMENT. 
‘‘(a) MAJOR ACQUISITION PROGRAM DEFINED.—In 
this section, the term ‘major acquisition program’ means 
an acquisition program of the Department that is esti-
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mated by the Secretary to require an eventual total ex-
penditure of at least $300,000,000 (based on fiscal year 
2017 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-
tified by the Comptroller General of the United States. 
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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-
ized to be appropriated to carry out section 435 of the 
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Homeland Security Act of 2002, as added by subsection 
(a). Such section shall be carried out using amounts other-
wise authorized for such purposes. 
SEC. 1116. REIMBURSEMENT OF STATES FOR DEPLOYMENT 
OF THE NATIONAL GUARD AT THE SOUTH-
ERN BORDER. 
(a) IN GENERAL.—With the approval of the Sec-
retary and the Secretary of Defense, the Governor of a 
State may order any units or personnel of the National 
Guard of such State to perform operations and missions 
under section 502(f) of title 32, United States Code, along 
the southern border for the purposes of assisting U.S. 
Customs and Border Protection to achieve situational 
awareness and operational control of the border. 
(b) ASSIGNMENT OF OPERATIONS AND MISSIONS.— 
(1) IN GENERAL.—National Guard units and 
personnel deployed under subsection (a) may be as-
signed such operations and missions specified in sub-
section (c) as may be necessary to secure the south-
ern border. 
(2) NATURE OF DUTY.—The duty of National 
Guard personnel performing operations and missions 
described in paragraph (1) shall be full-time duty 
under title 32, United States Code. 
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(c) RANGE OF OPERATIONS AND MISSIONS.—The op-
erations and missions assigned under subsection (b) shall 
include the temporary authority to— 
(1) construct reinforced fencing or other phys-
ical barriers; 
(2) operate ground-based surveillance systems; 
(3) operate unmanned and manned aircraft; 
(4) provide radio communications interoper-
ability between U.S. Customs and Border Protection 
and State, local, and tribal law enforcement agen-
cies; 
(5) construct checkpoints along the Southern 
border to bridge the gap to long-term permanent 
checkpoints; and 
(6) provide intelligence support. 
(d) MATERIEL
AND LOGISTICAL SUPPORT.—The 
Secretary of Defense shall deploy such materiel, equip-
ment, and logistical support as may be necessary to ensure 
success of the operations and missions conducted by the 
National Guard under this section. 
(e) REIMBURSEMENT REQUIRED.— 
(1) IN
GENERAL.—The Secretary of Defense 
shall reimburse States for the cost of the deployment 
of any units or personnel of the National Guard to 
perform operations and missions in full-time State 
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Active Duty in support of a southern border mission. 
The Secretary of Defense may not seek reimburse-
ment from the Secretary for any reimbursements 
paid to States for the costs of such deployments. 
(2) LIMITATION.—The total amount of reim-
bursements under this section may not exceed 
$35,000,000 for any fiscal year. 
SEC. 1117. NATIONAL GUARD SUPPORT TO SECURE THE 
SOUTHERN BORDER. 
(a) IN GENERAL.—The Secretary of Defense, with 
the concurrence of the Secretary, shall provide assistance 
to U.S. Customs and Border Protection for purposes of 
increasing ongoing efforts to secure the southern border. 
(b) TYPES OF ASSISTANCE AUTHORIZED.—The as-
sistance provided under subsection (a) may include— 
(1) deployment of manned aircraft, unmanned 
aerial surveillance systems, and ground-based sur-
veillance systems to support continuous surveillance 
of the southern border; and 
(2) intelligence analysis support. 
(c) MATERIEL AND LOGISTICAL SUPPORT.—The Sec-
retary of Defense may deploy such materiel, equipment, 
and logistics support as may be necessary to ensure the 
effectiveness of the assistance provided under subsection 
(a). 
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(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated for the Department of 
Defense $75,000,000 to provide assistance under this sec-
tion. The Secretary of Defense may not seek reimburse-
ment from the Secretary for any assistance provided under 
this section. 
(e) REPORTS.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act and annually 
thereafter, the Secretary of Defense shall submit a 
report to the appropriate congressional defense com-
mittees (as defined in section 101(a)(16) of title 10, 
United States Code) regarding any assistance pro-
vided under subsection (a) during the period speci-
fied in paragraph (3). 
(2) ELEMENTS.—Each report under paragraph 
(1) shall include, for the period specified in para-
graph (3), a description of— 
(A) the assistance provided; 
(B) the sources and amounts of funds used 
to provide such assistance; and 
(C) the amounts obligated to provide such 
assistance. 
(3) PERIOD SPECIFIED.—The period specified 
in this paragraph is— 
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(A) in the case of the first report required 
under paragraph (1), the 90-day period begin-
ning on the date of the enactment of this Act; 
and 
(B) in the case of any subsequent report 
submitted under paragraph (1), the calendar 
year for which the report is submitted. 
SEC. 1118. PROHIBITIONS ON ACTIONS THAT IMPEDE BOR-
DER SECURITY ON CERTAIN FEDERAL LAND. 
(a) PROHIBITION
ON INTERFERENCE WITH U.S. 
CUSTOMS AND BORDER PROTECTION.— 
(1) IN
GENERAL.—The Secretary concerned 
may not impede, prohibit, or restrict activities of 
U.S. Customs and Border Protection on covered 
Federal land to carry out the activities described in 
subsection (b). 
(2) APPLICABILITY.—The authority of U.S. 
Customs and Border Protection to conduct activities 
described in subsection (b) on covered Federal land 
applies without regard to whether a state of emer-
gency exists. 
(b) AUTHORIZED ACTIVITIES OF U.S. CUSTOMS AND 
BORDER PROTECTION.— 
(1) IN GENERAL.—U.S. Customs and Border 
Protection shall have immediate access to covered 
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Federal land to conduct the activities described in 
paragraph (2) on such land to prevent all unlawful 
entries into the United States, including entries by 
terrorists, unlawful aliens, instruments of terrorism, 
narcotics, and other contraband through the south-
ern border or the northern border. 
(2) ACTIVITIES DESCRIBED.—The activities de-
scribed in this paragraph are— 
(A) the execution of search and rescue op-
erations; 
(B) the use of motorized vehicles, foot pa-
trols, and horseback to patrol the border area, 
apprehend illegal entrants, and rescue individ-
uals; and 
(C) the design, testing, construction, in-
stallation, deployment, and operation of phys-
ical barriers, tactical infrastructure, and tech-
nology pursuant to section 102 of the Illegal 
Immigration Reform and Immigrant Responsi-
bility Act of 1996 (as amended by section 1111 
of this division). 
(c) CLARIFICATION RELATING TO WAIVER AUTHOR-
ITY.— 
(1) IN GENERAL.—The activities of U.S. Cus-
toms and Border Protection described in subsection 
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(b)(2) may be carried out without regard to the pro-
visions of law specified in paragraph (2). 
(2) PROVISIONS OF LAW SPECIFIED.—The pro-
visions of law specified in this section are all Fed-
eral, State, or other laws, regulations, and legal re-
quirements of, deriving from, or related to the sub-
ject of, the following laws: 
(A) The National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.). 
(B) The Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.). 
(C) The Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.) (commonly re-
ferred to as the ‘‘Clean Water Act’’). 
(D) Division A of subtitle III of title 54, 
United States Code (54 U.S.C. 300301 et seq.) 
(formerly known as the ‘‘National Historic 
Preservation Act’’). 
(E) The Migratory Bird Treaty Act (16 
U.S.C. 703 et seq.). 
(F) The Clean Air Act (42 U.S.C. 7401 et 
seq.). 
(G) The Archaeological Resources Protec-
tion Act of 1979 (16 U.S.C. 470aa et seq.). 
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(H) The Safe Drinking Water Act (42 
U.S.C. 300f et seq.). 
(I) The Noise Control Act of 1972 (42 
U.S.C. 4901 et seq.). 
(J) The Solid Waste Disposal Act (42 
U.S.C. 6901 et seq.). 
(K) The Comprehensive Environmental 
Response, Compensation, and Liability Act of 
1980 (42 U.S.C. 9601 et seq.). 
(L) Chapter 3125 of title 54, United 
States Code (formerly known as the ‘‘Archae-
ological and Historic Preservation Act’’). 
(M) The Antiquities Act (16 U.S.C. 431 et 
seq.). 
(N) Chapter 3203 of title 54, United 
States Code (formerly known as the ‘‘Historic 
Sites, Buildings, and Antiquities Act’’). 
(O) The Wild and Scenic Rivers Act (16 
U.S.C. 1271 et seq.). 
(P) The Farmland Protection Policy Act 
(7 U.S.C. 4201 et seq.). 
(Q) The Coastal Zone Management Act of 
1972 (16 U.S.C. 1451 et seq.). 
(R) The Wilderness Act (16 U.S.C. 1131 
et seq.). 
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(S) The Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1701 et seq.). 
(T) The National Wildlife Refuge System 
Administration Act of 1966 (16 U.S.C. 668dd 
et seq.). 
(U) The Fish and Wildlife Act of 1956 (16 
U.S.C. 742a et seq.). 
(V) The Fish and Wildlife Coordination 
Act (16 U.S.C. 661 et seq.). 
(W) Subchapter II of chapter 5, and chap-
ter 7, of title 5, United States Code (commonly 
known as the ‘‘Administrative Procedure Act’’). 
(X) The Otay Mountain Wilderness Act of 
1999 (Public Law 106–145). 
(Y) Sections 102(29) and 103 of the Cali-
fornia Desert Protection Act of 1994 (Public 
Law 103–433). 
(Z) Division A of subtitle I of title 54, 
United States Code (formerly known as the 
‘‘National Park Service Organic Act’’. 
(AA) The National Park Service General 
Authorities Act (Public Law 91–383, 16 U.S.C. 
1a–1 et seq.). 
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(BB) Sections 401(7), 403, and 404 of the 
National Parks and Recreation Act of 1978 
(Public Law 95–625). 
(CC) Sections 301(a) through (f) of the 
Arizona Desert Wilderness Act (Public Law 
101–628). 
(DD) The Rivers and Harbors Act of 1899 
(33 U.S.C. 403). 
(EE) The Eagle Protection Act (16 U.S.C. 
668 et seq.). 
(FF) The Native American Graves Protec-
tion and Repatriation Act (25 U.S.C. 3001 et 
seq.). 
(GG) The American Indian Religious Free-
dom Act (42 U.S.C. 1996). 
(HH) The Religious Freedom Restoration 
Act (42 U.S.C. 2000bb). 
(II) The National Forest Management Act 
of 1976 (16 U.S.C. 1600 et seq.). 
(JJ) The Multiple Use and Sustained 
Yield Act of 1960 (16 U.S.C. 528 et seq.). 
(3) APPLICABILITY OF WAIVER TO SUCCESSOR 
LAWS.—If a provision of law specified in paragraph 
(2) was repealed and incorporated into title 54, 
United States Code, after April 1, 2008, and before 
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the date of the enactment of this Act, the waiver de-
scribed in paragraph (1) shall apply to the provision 
of such title that corresponds to the provision of law 
specified in paragraph (2) to the same extent the 
waiver applied to that provision of law. 
(4) SAVINGS
CLAUSE.—The waiver authority 
under this subsection may not be construed as af-
fecting, negating, or diminishing in any manner the 
applicability of section 552 of title 5, United States 
Code (commonly referred to as the ‘‘Freedom of In-
formation Act’’), in any relevant matter. 
(d) PROTECTION OF LEGAL USES.—This section may 
not be construed to provide— 
(1) authority to restrict legal uses, such as 
grazing, hunting, mining, or recreation or the use of 
backcountry airstrips, on land under the jurisdiction 
of the Secretary of the Interior or the Secretary of 
Agriculture; or 
(2) any additional authority to restrict legal ac-
cess to such land. 
(e) EFFECT ON STATE AND PRIVATE LAND.—This 
section shall— 
(1) have no force or effect on State lands or 
private lands; and 
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(2) not provide authority on or access to State 
lands or private lands. 
(f) TRIBAL SOVEREIGNTY.—Nothing in this section 
may be construed to supersede, replace, negate, or dimin-
ish treaties or other agreements between the United States 
and Indian tribes. 
(g) MEMORANDA
OF UNDERSTANDING.—The re-
quirements of this section shall not apply to the extent 
that such requirements are incompatible with any memo-
randum of understanding or similar agreement entered 
into between the Commissioner and a National Park Unit 
before the date of the enactment of this Act. 
(h) DEFINITIONS.—In this section: 
(1) COVERED FEDERAL LAND.—The term ‘‘cov-
ered Federal land’’ includes all land under the con-
trol of the Secretary concerned that is located within 
100 miles of the southern border or the northern 
border. 
(2) SECRETARY CONCERNED.—The term ‘‘Sec-
retary concerned’’ means— 
(A) with respect to land under the jurisdic-
tion of the Department of Agriculture, the Sec-
retary of Agriculture; and 
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(B) with respect to land under the jurisdic-
tion of the Department of the Interior, the Sec-
retary of the Interior. 
SEC. 1119. LANDOWNER AND RANCHER SECURITY EN-
HANCEMENT. 
(a) ESTABLISHMENT OF NATIONAL BORDER SECU-
RITY ADVISORY COMMITTEE.—The Secretary shall estab-
lish a National Border Security Advisory Committee, 
which— 
(1) may advise, consult with, report to, and 
make recommendations to the Secretary on matters 
relating to border security matters, including— 
(A) verifying security claims and the bor-
der security metrics established by the Depart-
ment of Homeland Security under section 1092 
of the National Defense Authorization Act for 
Fiscal Year 2017 (Public Law 114–328; 6 
U.S.C. 223); and 
(B) discussing ways to improve the secu-
rity of high traffic areas along the northern 
border and the southern border; and 
(2) may provide, through the Secretary, rec-
ommendations to Congress. 
(b) CONSIDERATION OF VIEWS.—The Secretary shall 
consider the information, advice, and recommendations of 
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the National Border Security Advisory Committee in for-
mulating policy regarding matters affecting border secu-
rity. 
(c) MEMBERSHIP.—The National Border Security 
Advisory Committee shall consist of at least one member 
from each State who— 
(1) has at least five years practical experience 
in border security operations; or 
(2) lives and works in the United States within 
80 miles from the southern border or the northern 
border. 
(d) NONAPPLICABILITY
OF
FEDERAL
ADVISORY 
COMMITTEE ACT.—The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the National Border 
Security Advisory Committee. 
SEC. 1120. ERADICATION OF CARRIZO CANE AND SALT 
CEDAR. 
(a) IN GENERAL.—Not later than September 30, 
2022, the Secretary, after coordinating with the heads of 
the relevant Federal, State, and local agencies, shall begin 
eradicating the carrizo cane plant and any salt cedar along 
the Rio Grande River that impedes border security oper-
ations. 
(b) EXTENT.—The waiver authority under subsection 
(c) of section 102 of the Illegal Immigration Reform and 
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Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 
note), as amended by section 1111 of this division, shall 
extend to activities carried out pursuant to this section. 
SEC. 1121. SOUTHERN BORDER THREAT ANALYSIS. 
(a) THREAT ANALYSIS.— 
(1) REQUIREMENT.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary shall submit to the Committee on Homeland 
Security of the House of Representatives and the 
Committee on Homeland Security and Governmental 
Affairs of the Senate a Southern border threat anal-
ysis. 
(2) CONTENTS.—The analysis submitted under 
paragraph (1) shall include an assessment of— 
(A) current and potential terrorism and 
criminal threats posed by individuals and orga-
nized groups seeking— 
(i) to unlawfully enter the United 
States through the Southern border; or 
(ii) to exploit security vulnerabilities 
along the Southern border; 
(B) improvements needed at and between 
ports of entry along the Southern border to pre-
vent terrorists and instruments of terror from 
entering the United States; 
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(C) gaps in law, policy, and coordination 
between State, local, or tribal law enforcement, 
international agreements, or tribal agreements 
that hinder effective and efficient border secu-
rity, counterterrorism, and anti-human smug-
gling and trafficking efforts; 
(D) the current percentage of situational 
awareness achieved by the Department along 
the Southern border; 
(E) the current percentage of operational 
control achieved by the Department on the 
Southern border; and 
(F) traveler crossing times and any poten-
tial security vulnerability associated with pro-
longed wait times. 
(3) ANALYSIS
REQUIREMENTS.—In compiling 
the Southern border threat analysis required under 
this subsection, the Secretary shall consider and ex-
amine— 
(A) the technology needs and challenges, 
including such needs and challenges identified 
as a result of previous investments that have 
not fully realized the security and operational 
benefits that were sought; 
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(B) the personnel needs and challenges, in-
cluding such needs and challenges associated 
with recruitment and hiring; 
(C) the infrastructure needs and chal-
lenges; 
(D) the roles and authorities of State, 
local, and tribal law enforcement in general bor-
der security activities; 
(E) the status of coordination among Fed-
eral, State, local, tribal, and Mexican law en-
forcement entities relating to border security; 
(F) the terrain, population density, and cli-
mate along the Southern border; and 
(G) the international agreements between 
the United States and Mexico related to border 
security. 
(4) CLASSIFIED FORM.—To the extent possible, 
the Secretary shall submit the Southern border 
threat analysis required under this subsection in un-
classified form, but may submit a portion of the 
threat analysis in classified form if the Secretary de-
termines such action is appropriate. 
(b) U.S. BORDER PATROL STRATEGIC PLAN.— 
(1) IN
GENERAL.—Not later than 180 days 
after the submission of the threat analysis required 
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under subsection (a) or June 30, 2018, and every 
five years thereafter, the Secretary, acting through 
the Chief of the U.S. Border Patrol, shall issue a 
Border Patrol Strategic Plan. 
(2) CONTENTS.—The Border Patrol Strategic 
Plan required under this subsection shall include a 
consideration of— 
(A) the Southern border threat analysis re-
quired under subsection (a), with an emphasis 
on efforts to mitigate threats identified in such 
threat analysis; 
(B) efforts to analyze and disseminate bor-
der security and border threat information be-
tween border security components of the De-
partment and other appropriate Federal depart-
ments and agencies with missions associated 
with the Southern border; 
(C) efforts to increase situational aware-
ness, including— 
(i) surveillance capabilities, including 
capabilities developed or utilized by the 
Department of Defense, and any appro-
priate technology determined to be excess 
by the Department of Defense; and 
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(ii) the use of manned aircraft and 
unmanned aerial systems, including cam-
era and sensor technology deployed on 
such assets; 
(D) efforts to detect and prevent terrorists 
and instruments of terrorism from entering the 
United States; 
(E) efforts to detect, interdict, and disrupt 
aliens and illicit drugs at the earliest possible 
point; 
(F) efforts to focus intelligence collection 
to disrupt transnational criminal organizations 
outside of the international and maritime bor-
ders of the United States; 
(G) efforts to ensure that any new border 
security technology can be operationally inte-
grated with existing technologies in use by the 
Department; 
(H) any technology required to maintain, 
support, and enhance security and facilitate 
trade at ports of entry, including nonintrusive 
detection equipment, radiation detection equip-
ment, biometric technology, surveillance sys-
tems, and other sensors and technology that the 
Secretary determines to be necessary; 
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(I) operational coordination unity of effort 
initiatives of the border security components of 
the Department, including any relevant task 
forces of the Department; 
(J) 
lessons 
learned 
from 
Operation 
Jumpstart and Operation Phalanx; 
(K) cooperative agreements and informa-
tion sharing with State, local, tribal, territorial, 
and other Federal law enforcement agencies 
that have jurisdiction on the Northern border 
or the Southern border; 
(L) border security information received 
from consultation with State, local, tribal, terri-
torial, and Federal law enforcement agencies 
that have jurisdiction on the Northern border 
or the Southern border, or in the maritime en-
vironment, and from border community stake-
holders (including through public meetings with 
such stakeholders), including representatives 
from border agricultural and ranching organiza-
tions and representatives from business and 
civic organizations along the Northern border 
or the Southern border; 
(M) staffing requirements for all depart-
mental border security functions; 
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(N) a prioritized list of departmental re-
search and development objectives to enhance 
the security of the Southern border; 
(O) an assessment of training programs, 
including training programs for— 
(i) identifying and detecting fraudu-
lent documents; 
(ii) understanding the scope of en-
forcement authorities and the use of force 
policies; and 
(iii) screening, identifying, and ad-
dressing vulnerable populations, such as 
children and victims of human trafficking; 
and 
(P) an assessment of how border security 
operations affect border crossing times. 
SEC. 1122. AMENDMENTS TO U.S. CUSTOMS AND BORDER 
PROTECTION. 
(a) DUTIES.—Subsection (c) of section 411 of the 
Homeland Security Act of 2002 (6 U.S.C. 211) is amend-
ed— 
(1) in paragraph (18), by striking ‘‘and’’ after 
the semicolon at the end; 
(2) by redesignating paragraph (19) as para-
graph (21); and 
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(3) by inserting after paragraph (18) the fol-
lowing new paragraphs: 
‘‘(19) administer the U.S. Customs and Border 
Protection public private partnerships under subtitle 
G; 
‘‘(20) administer preclearance operations under 
the Preclearance Authorization Act of 2015 (19 
U.S.C. 4431 et seq.; enacted as subtitle B of title 
VIII of the Trade Facilitation and Trade Enforce-
ment Act of 2015; 19 U.S.C. 4301 et seq.); and’’. 
(b) OFFICE
OF FIELD OPERATIONS STAFFING.— 
Subparagraph (A) of section 411(g)(5) of the Homeland 
Security Act of 2002 (6 U.S.C. 211(g)(5)) is amended by 
inserting before the period at the end the following: ‘‘com-
pared to the number indicated by the current fiscal year 
work flow staffing model’’. 
(c) IMPLEMENTATION PLAN.—Subparagraph (B) of 
section 814(e)(1) of the Preclearance Authorization Act 
of 2015 (19 U.S.C. 4433(e)(1); enacted as subtitle B of 
title VIII of the Trade Facilitation and Trade Enforce-
ment Act of 2015; 19 U.S.C. 4301 et seq.) is amended 
to read as follows: 
‘‘(B) a port of entry vacancy rate which 
compares the number of officers identified in 
subparagraph (A) with the number of officers 
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at the port at which such officer is currently as-
signed.’’. 
(d) DEFINITION.—Subsection (r) of section 411 of 
the Homeland Security Act of 2002 (6 U.S.C. 211) is 
amended— 
(1) by striking ‘‘this section, the terms’’ and in-
serting the following: ‘‘this section: 
‘‘(1) the terms’’; 
(2) in paragraph (1), as added by subparagraph 
(A), by striking the period at the end and inserting 
‘‘; and’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(2) the term ‘unmanned aerial systems’ has 
the meaning given the term ‘unmanned aircraft sys-
tem’ in section 331 of the FAA Modernization and 
Reform Act of 2012 (Public Law 112–95; 49 U.S.C. 
40101 note).’’. 
SEC. 1123. AGENT AND OFFICER TECHNOLOGY USE. 
In carrying out section 102 of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (as 
amended by section 1111 of this division) and section 
1113 of this division, the Secretary shall, to the greatest 
extent practicable, ensure that technology deployed to gain 
situational awareness and operational control of the bor-
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der be provided to front-line officers and agents of the De-
partment of Homeland Security. 
SEC. 1124. INTEGRATED BORDER ENFORCEMENT TEAMS. 
(a) IN GENERAL.—Subtitle C of title IV of the 
Homeland Security Act of 2002 (6 U.S.C. 231 et seq.), 
as amended by section 1115 of this division, is further 
amended by adding at the end the following new section: 
‘‘SEC. 436. INTEGRATED BORDER ENFORCEMENT TEAMS. 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish within the Department a program to be known as the 
Integrated Border Enforcement Team program (referred 
to in this section as ‘IBET’). 
‘‘(b) PURPOSE.—The Secretary shall administer the 
IBET program in a manner that results in a cooperative 
approach between the United States and Canada to— 
‘‘(1) strengthen security between designated 
ports of entry; 
‘‘(2) detect, prevent, investigate, and respond to 
terrorism and violations of law related to border se-
curity; 
‘‘(3) facilitate collaboration among components 
and offices within the Department and international 
partners; 
‘‘(4) execute coordinated activities in further-
ance of border security and homeland security; and 
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‘‘(5) enhance information-sharing, including the 
dissemination of homeland security information 
among such components and offices. 
‘‘(c) COMPOSITION AND LOCATION OF IBETS.— 
‘‘(1) COMPOSITION.—IBETs shall be led by the 
United States Border Patrol and may be comprised 
of personnel from the following: 
‘‘(A) Other subcomponents of U.S. Cus-
toms and Border Protection. 
‘‘(B) U.S. Immigration and Customs En-
forcement, led by Homeland Security Investiga-
tions. 
‘‘(C) The Coast Guard, for the purpose of 
securing the maritime borders of the United 
States. 
‘‘(D) Other Department personnel, as ap-
propriate. 
‘‘(E) Other Federal departments and agen-
cies, as appropriate. 
‘‘(F) Appropriate State law enforcement 
agencies. 
‘‘(G) Foreign law enforcement partners. 
‘‘(H) Local law enforcement agencies from 
affected border cities and communities. 
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311 
‘‘(I) Appropriate tribal law enforcement 
agencies. 
‘‘(2) LOCATION.—The Secretary is authorized 
to establish IBETs in regions in which such teams 
can contribute to IBET missions, as appropriate. 
When establishing an IBET, the Secretary shall con-
sider the following: 
‘‘(A) Whether the region in which the 
IBET would be established is significantly im-
pacted by cross-border threats. 
‘‘(B) The availability of Federal, State, 
local, tribal, and foreign law enforcement re-
sources to participate in an IBET. 
‘‘(C) Whether, in accordance with para-
graph (3), other joint cross-border initiatives al-
ready take place within the region in which the 
IBET would be established, including other De-
partment cross-border programs such as the In-
tegrated Cross-Border Maritime Law Enforce-
ment Operation Program established under sec-
tion 711 of the Coast Guard and Maritime 
Transportation Act of 2012 (46 U.S.C. 70101 
note) or the Border Enforcement Security Task 
Force established under section 432. 
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312 
‘‘(3) DUPLICATION
OF
EFFORTS.—In deter-
mining whether to establish a new IBET or to ex-
pand an existing IBET in a given region, the Sec-
retary shall ensure that the IBET under consider-
ation does not duplicate the efforts of other existing 
interagency task forces or centers within such re-
gion, including the Integrated Cross-Border Mari-
time Law Enforcement Operation Program estab-
lished under section 711 of the Coast Guard and 
Maritime Transportation Act of 2012 (46 U.S.C. 
70101 note) or the Border Enforcement Security 
Task Force established under section 432. 
‘‘(d) OPERATION.— 
‘‘(1) IN GENERAL.—After determining the re-
gions in which to establish IBETs, the Secretary 
may— 
‘‘(A) direct the assignment of Federal per-
sonnel to such IBETs; and 
‘‘(B) take other actions to assist Federal, 
State, local, and tribal entities to participate in 
such IBETs, including providing financial as-
sistance, as appropriate, for operational, admin-
istrative, and technological costs associated with 
such participation. 
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‘‘(2) LIMITATION.—Coast Guard personnel as-
signed under paragraph (1) may be assigned only 
for the purposes of securing the maritime borders of 
the United States, in accordance with subsection 
(c)(1)(C). 
‘‘(e) COORDINATION.—The Secretary shall coordinate 
the IBET program with other similar border security and 
antiterrorism programs within the Department in accord-
ance with the strategic objectives of the Cross-Border Law 
Enforcement Advisory Committee. 
‘‘(f) MEMORANDA OF UNDERSTANDING.—The Sec-
retary may enter into memoranda of understanding with 
appropriate representatives of the entities specified in sub-
section (c)(1) necessary to carry out the IBET program. 
‘‘(g) REPORT.—Not later than 180 days after the 
date on which an IBET is established and biannually 
thereafter for the following six years, the Secretary shall 
submit to the appropriate congressional committees, in-
cluding the Committee on Homeland Security of the 
House of Representatives and the Committee on Home-
land Security and Governmental Affairs of the Senate, 
and in the case of Coast Guard personnel used to secure 
the maritime borders of the United States, additionally to 
the Committee on Transportation and Infrastructure of 
the House of Representatives, a report that— 
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314 
‘‘(1) describes the effectiveness of IBETs in ful-
filling the purposes specified in subsection (b); 
‘‘(2) assess the impact of certain challenges on 
the sustainment of cross-border IBET operations, 
including challenges faced by international partners; 
‘‘(3) addresses ways to support joint training 
for IBET stakeholder agencies and radio interoper-
ability to allow for secure cross-border radio commu-
nications; and 
‘‘(4) assesses how IBETs, Border Enforcement 
Security Task Forces, and the Integrated Cross-Bor-
der Maritime Law Enforcement Operation Program 
can better align operations, including interdiction 
and investigation activities.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 is 
amended by adding after the item relating to section 435 
the following new item: 
‘‘Sec. 436. Integrated Border Enforcement Teams.’’. 
SEC. 1125. TUNNEL TASK FORCES. 
The Secretary is authorized to establish Tunnel Task 
Forces for the purposes of detecting and remediating tun-
nels that breach the international border of the United 
States. 
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315 
SEC. 
1126. 
PILOT 
PROGRAM 
ON 
USE 
OF 
ELECTRO-
MAGNETIC SPECTRUM IN SUPPORT OF BOR-
DER SECURITY OPERATIONS. 
(a) IN GENERAL.—The Commissioner of U.S. Cus-
toms and Border Protection, in consultation with the As-
sistant Secretary of Commerce for Communications and 
Information, shall conduct a pilot program to test and 
evaluate the use of electromagnetic spectrum by U.S. Cus-
toms and Border Protection in support of border security 
operations through— 
(1) ongoing management and monitoring of 
spectrum to identify threats such as unauthorized 
spectrum use, and the jamming and hacking of 
United States communications assets, by persons en-
gaged in criminal enterprises; 
(2) automated spectrum management to enable 
greater efficiency and speed for U.S. Customs and 
Border Protection in addressing emerging challenges 
in overall spectrum use on the United States border; 
and 
(3) coordinated use of spectrum resources to 
better facilitate interoperability and interagency co-
operation and interdiction efforts at or near the 
United States border. 
(b) REPORT TO CONGRESS.—Not later than 180 days 
after the conclusion of the pilot program conducted under 
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subsection (a), the Commissioner of U.S. Customs and 
Border Protection shall submit to the Committee on 
Homeland Security and the Committee on Energy and 
Commerce of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Affairs 
and the Committee on Commerce, Science, and Transpor-
tation of the Senate a report on the findings and data 
derived from such program. 
SEC. 1127. HOMELAND SECURITY FOREIGN ASSISTANCE. 
(a) IN GENERAL.—Subtitle C of title IV of the 
Homeland Security Act of 2002 (6 U.S.C. 231 et seq.), 
as amended by sections 1115 and 1124 of this division, 
is further amended by adding at the end the following new 
section: 
‘‘SEC. 437. SECURITY ASSISTANCE. 
‘‘(a) IN GENERAL.—The Secretary, with the concur-
rence of the Secretary of State, may provide to a foreign 
government, financial assistance and, with or without re-
imbursement, security assistance, including equipment, 
training, maintenance, supplies, and sustainment support. 
‘‘(b) DETERMINATION.—The Secretary may only pro-
vide financial assistance or security assistance pursuant 
to subsection (a) if the Secretary determines that such as-
sistance would enhance the recipient government’s capac-
ity to— 
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‘‘(1) mitigate the risk or threat of transnational 
organized crime and terrorism; 
‘‘(2) address irregular migration flows that may 
affect the United States, including any detention or 
removal operations of the recipient government; or 
‘‘(3) protect and expedite legitimate trade and 
travel. 
‘‘(c) LIMITATION
ON TRANSFER.—The Secretary 
may not— 
‘‘(1) transfer any equipment or supplies that 
are designated as a munitions item or controlled on 
the United States Munitions List, pursuant to sec-
tion 38 of the Foreign Military Sales Act (22 U.S.C. 
2778); or 
‘‘(2) transfer any vessel or aircraft pursuant to 
this section. 
‘‘(d) RELATED TRAINING.—In conjunction with a 
transfer of equipment pursuant to subsection (a), the Sec-
retary may provide such equipment-related training and 
assistance as the Secretary determines necessary. 
‘‘(e) MAINTENANCE
OF
TRANSFERRED
EQUIP-
MENT.—The Secretary may provide for the maintenance 
of transferred equipment through service contracts or 
other means, with or without reimbursement, as the Sec-
retary determines necessary. 
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‘‘(f) REIMBURSEMENT OF EXPENSES.— 
‘‘(1) IN GENERAL.—The Secretary may collect 
payment from the receiving entity for the provision 
of security assistance under this section, including 
equipment, 
training, 
maintenance, 
supplies, 
sustainment support, and related shipping costs. 
‘‘(2) TRANSFER.—Notwithstanding any other 
provision of law, to the extent the Secretary does not 
collect payment pursuant to paragraph (1), any 
amounts appropriated or otherwise made available to 
the Department of Homeland Security may be trans-
ferred to the account that finances the security as-
sistance provided pursuant to subsection (a). 
‘‘(g) RECEIPTS CREDITED AS OFFSETTING COLLEC-
TIONS.—Notwithstanding section 3302 of title 31, United 
States Code, any reimbursement collected pursuant to 
subsection (f) shall— 
‘‘(1) be credited as offsetting collections to the 
account that finances the security assistance under 
this section for which such reimbursement is re-
ceived; and 
‘‘(2) remain available until expended for the 
purpose of carrying out this section. 
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‘‘(h) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed as affecting, augmenting, or dimin-
ishing the authority of the Secretary of State.’’. 
(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. Security assistance.’’. 
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, 2022, the Commissioner shall hire, train, and 
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, 
2022— 
(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 
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(2) 350 full-time support staff distributed 
among all United States ports of entry. 
(c) AIR AND MARINE OPERATIONS.—Not later than 
September 30, 2022, 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, 
2022, the Commissioner shall deploy not fewer than 
300 new K–9 units, with supporting officers of U.S. 
Customs and Border Protection and other required 
staff, at land ports of entry and checkpoints, on the 
southern border and the northern border. 
(2) USE OF CANINES.—The Commissioner shall 
prioritize the use of canines at the primary 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, 
2022, the Commissioner shall increase the number 
of horseback units, with supporting officers of U.S. 
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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, 2022, the Commissioner shall increase by 
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, 2022, 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, 2022, the Secretary shall hire, train, and 
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