Title: American Border Act
Policy area: Immigration

Summary:
American Border Act
This bill modifies various provisions related to border security, including by:

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6415 Introduced in House (IH)]

<DOC>






115th CONGRESS
  2d Session
                                H. R. 6415

        To provide for border security, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 18, 2018

 Mr. Ferguson introduced the following bill; which was referred to the 
 Committee on Homeland Security, and in addition to the Committees on 
    the Judiciary, Transportation and Infrastructure, Oversight and 
   Government Reform, Foreign Affairs, Agriculture, Armed Services, 
 Natural Resources, the Budget, and Ways and Means, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
        To provide for border security, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``American Border 
Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                        TITLE I--BORDER SECURITY

Sec. 1101. Definitions.
                Subtitle A--Infrastructure and Equipment

Sec. 1111. Strengthening the requirements for barriers along the 
                            southern border.
Sec. 1112. Air and Marine Operations flight hours.
Sec. 1113. Capability deployment to specific sectors and transit zone.
Sec. 1114. U.S. Border Patrol activities.
Sec. 1115. Border security technology program management.
Sec. 1116. National Guard support to secure the southern border.
Sec. 1117. Prohibitions on actions that impede border security on 
                            certain Federal land.
Sec. 1118. Landowner and rancher security enhancement.
Sec. 1119. Eradication of carrizo cane and salt cedar.
Sec. 1120. Southern border threat analysis.
Sec. 1121. Amendments to U.S. Customs and Border Protection.
Sec. 1122. Agent and officer technology use.
Sec. 1123. Integrated Border Enforcement Teams.
Sec. 1124. Tunnel Task Forces.
Sec. 1125. Pilot program on use of electromagnetic spectrum in support 
                            of border security operations.
Sec. 1126. Foreign migration assistance.
Sec. 1127. Biometric Identification Transnational Migration Alert 
                            Program.
                         Subtitle B--Personnel

Sec. 1131. Additional U.S. Customs and Border Protection agents and 
                            officers.
Sec. 1132. U.S. Customs and Border Protection retention incentives.
Sec. 1133. Anti-Border Corruption Reauthorization Act.
Sec. 1134. Training for officers and agents of U.S. Customs and Border 
                            Protection.
                           Subtitle C--Grants

Sec. 1141. Operation Stonegarden.
 TITLE II--EMERGENCY PORT OF ENTRY PERSONNEL AND INFRASTRUCTURE FUNDING

Sec. 2101. Ports of entry infrastructure.
Sec. 2102. Secure communications.
Sec. 2103. Border security deployment program.
Sec. 2104. Pilot and upgrade of license plate readers at ports of 
                            entry.
Sec. 2105. Non-intrusive inspection operational demonstration.
Sec. 2106. Biometric exit data system.
Sec. 2107. Sense of Congress on cooperation between agencies.
Sec. 2108. Authorization of appropriations.
Sec. 2109. Definition.
    TITLE III--TRANSNATIONAL CRIMINAL ORGANIZATION ILLICIT SPOTTER 
                       PREVENTION AND ELIMINATION

Sec. 3101. Short title.
Sec. 3102. Illicit spotting.
Sec. 3103. Unlawfully hindering immigration, border, and customs 
                            controls.
                   TITLE IV--BORDER SECURITY FUNDING

Sec. 4101. Border Security Funding.
Sec. 4102. Exclusion from PAYGO scorecards.

                        TITLE I--BORDER SECURITY

SEC. 1101. DEFINITIONS.

    In this title:
            (1) Advanced unattended surveillance sensors.--The term 
        ``advanced unattended surveillance sensors'' means sensors that 
        utilize an onboard computer to analyze detections in an effort 
        to discern between vehicles, humans, and animals, and 
        ultimately filter false positives prior to transmission.
            (2) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of U.S. Customs and Border Protection.
            (3) High traffic areas.--The term ``high traffic areas'' 
        has the meaning given such term in section 102(e)(1) of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996, as amended by section 1111 of this division.
            (4) Operational control.--The term ``operational control'' 
        has the meaning given such term in section 2(b) of the Secure 
        Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (6) Situational awareness.--The term ``situational 
        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)).
            (7) Small unmanned aerial vehicle.--The term ``small 
        unmanned aerial vehicle'' has the meaning 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).
            (8) 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)).
            (9) 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).
            (10) 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 BARRIERS ALONG THE 
              SOUTHERN BORDER.

    Section 102 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (Division C of Public Law 104-208; 8 U.S.C. 
1103 note) is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) In General.--The Secretary of Homeland Security shall take 
such actions as may be necessary (including the removal of obstacles to 
detection of illegal entrants) to design, test, construct, install, 
deploy, integrate, and operate physical barriers, tactical 
infrastructure, and technology in the vicinity of the United States 
border to achieve situational awareness and operational control of the 
border and deter, impede, and detect illegal activity in high traffic 
areas.'';
            (2) in subsection (b)--
                    (A) in the subsection heading, by striking 
                ``Fencing and Road Improvements'' and inserting 
                ``Physical Barriers'';
                    (B) in paragraph (1)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``subsection (a)'' 
                                and inserting ``this section'';
                                    (II) by striking ``roads, lighting, 
                                cameras, and sensors'' and inserting 
                                ``tactical infrastructure, and 
                                technology''; and
                                    (III) by striking ``gain'' 
                                inserting ``achieve situational 
                                awareness and''; and
                            (ii) by amending subparagraph (B) to read 
                        as follows:
                    ``(B) Physical barriers and tactical 
                infrastructure.--
                            ``(i) In general.--Not later than September 
                        30, 2023, the Secretary of Homeland Security, 
                        in carrying out this section, shall deploy 
                        along the United States border the most 
                        practical and effective physical barriers and 
                        tactical infrastructure available for achieving 
                        situational awareness and operational control 
                        of the border.
                            ``(ii) Consideration for certain physical 
                        barriers and tactical infrastructure.--The 
                        deployment of physical barriers and tactical 
                        infrastructure under this subparagraph shall 
                        not apply in any area or region along the 
                        border where natural terrain features, natural 
                        barriers, or the remoteness of such area or 
                        region would make any such deployment 
                        ineffective, as determined by the Secretary, 
                        for the purposes of achieving situational 
                        awareness or operational control of such area 
                        or region.'';
                            (iii) in subparagraph (C)--
                                    (I) by amending clause (i) to read 
                                as follows:
                            ``(i) In general.--In carrying out this 
                        section, the Secretary of Homeland Security 
                        shall consult with the Secretary of the 
                        Interior, the Secretary of Agriculture, 
                        appropriate representatives of Federal, State, 
                        local, and tribal governments, and appropriate 
                        private property owners in the United States to 
                        minimize the impact on the environment, 
                        culture, commerce, and quality of life for the 
                        communities and residents located near the 
                        sites at which such physical barriers are to be 
                        constructed.'';
                                    (II) by redesignating clause (ii) 
                                as clause (iii);
                                    (III) by inserting after clause 
                                (i), as amended, the following new 
                                clause:
                            ``(ii) Notification.--Not later than 60 
                        days after the consultation required under 
                        clause (i), the Secretary of Homeland Security 
                        shall notify the Committee on Homeland Security 
                        of the House of Representatives and the 
                        Committee on Homeland Security and Governmental 
                        Affairs of the Senate of the type of physical 
                        barriers, tactical infrastructure, or 
                        technology the Secretary has determined is most 
                        practical and effective to achieve situational 
                        awareness and operational control in a specific 
                        area or region and the other alternatives the 
                        Secretary considered before making such a 
                        determination.''; and
                                    (IV) in clause (iii), as so 
                                redesignated--
                                            (aa) in subclause (I), by 
                                        striking ``or'' after the 
                                        semicolon at the end;
                                            (bb) by amending subclause 
                                        (II) to read as follows:
                                    ``(II) delay the transfer of the 
                                possession of property to the United 
                                States or affect the validity of any 
                                property acquisition by purchase or 
                                eminent domain, or to otherwise affect 
                                the eminent domain laws of the United 
                                States or of any State; or''; and
                                            (cc) by adding at the end 
                                        the following new subclause:
                                    ``(III) create any right or 
                                liability for any party.''; and
                            (iv) by striking subparagraph (D);
                    (C) in paragraph (2)--
                            (i) by striking ``Attorney General'' and 
                        inserting ``Secretary of Homeland Security'';
                            (ii) by striking ``this subsection'' and 
                        inserting ``this section''; and
                            (iii) by striking ``construction of 
                        fences'' and inserting ``the construction of 
                        physical barriers'';
                    (D) by amending paragraph (3) to read as follows:
            ``(3) Agent safety.--In carrying out this section, the 
        Secretary of Homeland Security, when designing, constructing, 
        and deploying physical barriers, tactical infrastructure, or 
        technology, shall incorporate such safety features into such 
        design, construction, or deployment of such physical barriers, 
        tactical infrastructure, or technology, as the case may be, 
        that the Secretary determines, in the Secretary's sole 
        discretion, are necessary to maximize the safety and 
        effectiveness of officers or agents of the Department of 
        Homeland Security or of any other Federal agency deployed in 
        the vicinity of such physical barriers, tactical 
        infrastructure, or technology.''; and
                    (E) in paragraph (4), by striking ``this 
                subsection'' and inserting ``this section'';
            (3) in subsection (c), by amending paragraph (1) to read as 
        follows:
            ``(1) In general.--Notwithstanding any other provision of 
        law, the Secretary of Homeland Security shall have the 
        authority to waive all legal requirements the Secretary, in the 
        Secretary's sole discretion, determines necessary to ensure the 
        expeditious design, testing, construction, installation, 
        deployment, integration, and operation of the physical 
        barriers, tactical infrastructure, and technology under this 
        section. Such waiver authority shall also apply with respect to 
        any maintenance carried out on such physical barriers, tactical 
        infrastructure, or technology. Any such decision by the 
        Secretary shall be effective upon publication in the Federal 
        Register.''; and
            (4) by adding after subsection (d) the following new 
        subsections:
    ``(e) Technology.--Not later than September 30, 2023, the Secretary 
of Homeland Security, in carrying out this section, shall deploy along 
the United States border the most practical and effective technology 
available for achieving situational awareness and operational control 
of the border.
    ``(f) Limitation on Requirements.--Nothing in this section may be 
construed as requiring the Secretary of Homeland Security to install 
tactical infrastructure, technology, and physical barriers in a 
particular location along an international border of the United States, 
if the Secretary determines that the use or placement of such resources 
is not the most appropriate means to achieve and maintain situational 
awareness and operational control 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 `operational 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 system, and levee 
        walls.
            ``(4) Situational awareness.--The term `situational 
        awareness' has the meaning given such term in section 
        1092(a)(7) of the National Defense Authorization Act for Fiscal 
        Year 2017 (6 U.S.C. 223(a)(7); Public Law 114-328).
            ``(5) Tactical infrastructure.--The term `tactical 
        infrastructure' includes boat ramps, access gates, checkpoints, 
        lighting, and roads.
            ``(6) Technology.--The term `technology' includes 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 detection and 
                ranging border tunneling detection technology.
                    ``(E) Advanced unattended surveillance sensors.
                    ``(F) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    ``(G) Unmanned aerial vehicles.
                    ``(H) Other border detection, communication, 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 shall ensure that not 
fewer than 95,000 annual flight hours are carried out by Air and Marine 
Operations of U.S. Customs and Border Protection.
    (b) Unmanned Aerial System.--The Secretary, after coordination with 
the Administrator of the Federal Aviation Administration, shall ensure 
that Air and Marine Operations operate unmanned aerial systems on the 
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 ensure that--
            (1) the primary missions for Air and Marine Operations are 
        to directly support U.S. Border Patrol 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 priority to support missions 
        established by the Commissioner to carry out the requirements 
        under this Act.
    (e) High-Demand Flight Hour Requirements.--In accordance with 
subsection (d), the Commissioner shall ensure that U.S. Border Patrol 
Sector Chiefs--
            (1) identify critical flight hour requirements; and
            (2) direct Air and Marine Operations to support requests 
        from Sector Chiefs as their primary mission.
    (f) Small Unmanned Aerial Vehicles.--
            (1) In general.--The Chief of the U.S. Border Patrol shall 
        be the executive agent for U.S. Customs and Border Protection's 
        use of small unmanned aerial vehicles for the purpose of 
        meeting the U.S. Border Patrol's unmet flight hour operational 
        requirements and to achieve situational awareness and 
        operational control.
            (2) Coordination.--In carrying out paragraph (1), the Chief 
        of the U.S. Border Patrol shall--
                    (A) coordinate flight operations with the 
                Administrator of the Federal Aviation Administration to 
                ensure the safe and efficient operation of the National 
                Airspace System; and
                    (B) coordinate with the Executive Assistant 
                Commissioner for Air and Marine Operations of U.S. 
                Customs and Border Protection to ensure the safety of 
                other U.S. Customs and Border Protection aircraft 
                flying in the vicinity of small unmanned aerial 
                vehicles operated by the U.S. Border Patrol.
            (3) Conforming amendment.--Paragraph (3) of section 411(e) 
        of the Homeland Security Act of 2002 (6 U.S.C. 211(e)) is 
        amended--
                    (A) in subparagraph (B), by striking ``and'' after 
                the semicolon at the end;
                    (B) by redesignating subparagraph (C) as 
                subparagraph (D); and
                    (C) by inserting after subparagraph (B) the 
                following new subparagraph:
                    ``(C) carry out the small unmanned aerial vehicle 
                requirements pursuant to subsection (f) of section 1112 
                of the Border Security for America Act of 2018; and''.
    (g) Saving Clause.--Nothing in this section shall confer, transfer, 
or delegate to the Secretary, the Commissioner, the Executive Assistant 
Commissioner for Air and Marine Operations of U.S. Customs and Border 
Protection, 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 SECTORS AND TRANSIT ZONE.

    (a) In General.--Not later than September 30, 2023, the Secretary, 
in implementing section 102 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (as amended by section 1111 of 
this division), and acting through the appropriate component of the 
Department of Homeland Security, shall deploy to each sector or region 
of the southern border and the northern border, in a prioritized manner 
to achieve situational awareness and operational control of such 
borders, the following additional capabilities:
            (1) San diego sector.--For the San Diego sector, the 
        following:
                    (A) Tower-based surveillance technology.
                    (B) Subterranean surveillance and detection 
                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 Protection 
                        maritime patrol aircraft.
                            (iv) Coastal radar surveillance systems.
                            (v) Maritime signals intelligence 
                        capabilities.
                    (D) Ultralight aircraft detection capabilities.
                    (E) Advanced unattended surveillance sensors.
                    (F) A rapid reaction capability supported by 
                aviation assets.
                    (G) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (H) Man-portable unmanned aerial vehicles.
                    (I) Improved agent communications capabilities.
            (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 vehicles.
                    (D) Ultralight aircraft detection capabilities.
                    (E) Advanced unattended surveillance sensors.
                    (F) A rapid reaction capability supported by 
                aviation assets.
                    (G) Man-portable unmanned aerial vehicles.
                    (H) Improved agent communications capabilities.
            (3) Yuma sector.--For the Yuma sector, the following:
                    (A) Tower-based surveillance technology.
                    (B) Deployable, lighter-than-air ground 
                surveillance equipment.
                    (C) Ultralight aircraft detection capabilities.
                    (D) Advanced unattended surveillance sensors.
                    (E) A rapid reaction capability supported by 
                aviation assets.
                    (F) Mobile vehicle-mounted and man-portable 
                surveillance systems.
                    (G) Man-portable unmanned aerial vehicles.
                    (H) Improved agent communications capabilities.
            (4) Tucson sector.--For the Tucson sector, the following:
                    (A) Tower-based surveillance technology.
                    (B) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (C) Deployable, lighter-than-air ground 
                surveillance equipment.
                    (D) Ultralight aircraft detection capabilities.
                    (E) Advanced unattended surveillance sensors.
                    (F) A rapid reaction capability supported by 
                aviation assets.
                    (G) Man-portable unmanned aerial vehicles.
                    (H) Improved agent communications capabilities.
            (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 capabilities.
                    (D) Advanced unattended surveillance sensors.
                    (E) Mobile vehicle-mounted and man-portable 
                surveillance systems.
                    (F) A rapid reaction capability supported by 
                aviation assets.
                    (G) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (H) Man-portable unmanned aerial vehicles.
                    (I) Improved agent communications capabilities.
            (6) Big bend sector.--For the Big Bend sector, the 
        following:
                    (A) Tower-based surveillance technology.
                    (B) Deployable, lighter-than-air ground 
                surveillance equipment.
                    (C) Improved agent communications capabilities.
                    (D) Ultralight aircraft detection capabilities.
                    (E) Advanced unattended surveillance sensors.
                    (F) A rapid reaction capability supported by 
                aviation assets.
                    (G) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (H) Man-portable unmanned aerial vehicles.
                    (I) Improved agent communications capabilities.
            (7) Del rio sector.--For the Del Rio sector, the following:
                    (A) Tower-based surveillance technology.
                    (B) Increased monitoring for cross-river dams, 
                culverts, and footpaths.
                    (C) Improved agent communications capabilities.
                    (D) Improved maritime capabilities in the Amistad 
                National Recreation Area.
                    (E) Advanced unattended surveillance sensors.
                    (F) A rapid reaction capability supported by 
                aviation assets.
                    (G) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (H) Man-portable unmanned aerial vehicles.
                    (I) Improved agent communications capabilities.
            (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 detection, 
                interdiction, and monitoring operations capability.
                    (D) Increased monitoring for cross-river dams, 
                culverts, and footpaths.
                    (E) Ultralight aircraft detection capability.
                    (F) Advanced unattended surveillance sensors.
                    (G) A rapid reaction capability supported by 
                aviation assets.
                    (H) Man-portable unmanned aerial vehicles.
                    (I) Improved agent communications capabilities.
            (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 detection, 
                interdiction, and monitoring operations capability.
                    (D) Ultralight aircraft detection capability.
                    (E) Advanced unattended surveillance sensors.
                    (F) Increased monitoring for cross-river dams, 
                culverts, footpaths.
                    (G) A rapid reaction capability supported by 
                aviation assets.
                    (H) Increased maritime interdiction capabilities.
                    (I) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (J) Man-portable unmanned aerial vehicles.
                    (K) Improved agent communications capabilities.
            (10) Blaine sector.--For the Blaine sector, the following:
                    (A) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (B) Coastal radar surveillance systems.
                    (C) Increased maritime interdiction capabilities.
                    (D) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (E) Advanced unattended surveillance sensors.
                    (F) Ultralight aircraft detection capabilities.
                    (G) Man-portable unmanned aerial vehicles.
                    (H) Improved agent communications capabilities.
            (11) Spokane sector.--For the Spokane sector, the 
        following:
                    (A) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (B) Increased maritime interdiction capabilities.
                    (C) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (D) Advanced unattended surveillance sensors.
                    (E) Ultralight aircraft detection capabilities.
                    (F) Completion of six miles of the Bog Creek road.
                    (G) Man-portable unmanned aerial vehicles.
                    (H) Improved agent communications systems.
            (12) Havre sector.--For the Havre sector, the following:
                    (A) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (B) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (C) Advanced unattended surveillance sensors.
                    (D) Ultralight aircraft detection capabilities.
                    (E) Man-portable unmanned aerial vehicles.
                    (F) Improved agent communications systems.
            (13) Grand forks sector.--For the Grand Forks sector, the 
        following:
                    (A) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (B) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (C) Advanced unattended surveillance sensors.
                    (D) Ultralight aircraft detection capabilities.
                    (E) Man-portable unmanned aerial vehicles.
                    (F) Improved agent communications systems.
            (14) Detroit sector.--For the Detroit sector, the 
        following:
                    (A) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (B) Coastal radar surveillance systems.
                    (C) Increased maritime interdiction capabilities.
                    (D) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (E) Advanced unattended surveillance sensors.
                    (F) Ultralight aircraft detection capabilities.
                    (G) Man-portable unmanned aerial vehicles.
                    (H) Improved agent communications systems.
            (15) Buffalo sector.--For the Buffalo sector, the 
        following:
                    (A) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (B) Coastal radar surveillance systems.
                    (C) Increased maritime interdiction capabilities.
                    (D) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (E) Advanced unattended surveillance sensors.
                    (F) Ultralight aircraft detection capabilities.
                    (G) Man-portable unmanned aerial vehicles.
                    (H) Improved agent communications systems.
            (16) Swanton sector.--For the Swanton sector, the 
        following:
                    (A) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (B) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (C) Advanced unattended surveillance sensors.
                    (D) Ultralight aircraft detection capabilities.
                    (E) Man-portable unmanned aerial vehicles.
                    (F) Improved agent communications systems.
            (17) Houlton sector.--For the Houlton sector, the 
        following:
                    (A) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (B) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (C) Advanced unattended surveillance sensors.
                    (D) Ultralight aircraft detection capabilities.
                    (E) Man-portable unmanned aerial vehicles.
                    (F) Improved agent communications systems.
            (18) Transit zone.--For the transit zone, the following:
                    (A) Not later than two years after the date of the 
                enactment of this Act, an increase in the number of 
                overall cutter, boat, and aircraft hours spent 
                conducting interdiction operations over the average 
                number of such hours during the preceding three fiscal 
                years.
                    (B) Increased maritime signals intelligence 
                capabilities.
                    (C) To increase maritime domain awareness, the 
                following:
                            (i) Unmanned aerial vehicles with maritime 
                        surveillance capability.
                            (ii) Increased maritime aviation patrol 
                        hours.
                    (D) Increased operational hours for maritime 
                security components dedicated to joint counter-
                smuggling and interdiction efforts with other Federal 
                agencies, including the Deployable Specialized Forces 
                of the Coast Guard.
                    (E) Coastal radar surveillance systems with long 
                range day and night cameras capable of providing full 
                maritime domain awareness of the United States 
                territorial waters surrounding Puerto Rico, Mona 
                Island, Desecheo Island, Vieques Island, Culebra 
                Island, Saint Thomas, Saint John, and Saint Croix.
    (b) Tactical Flexibility.--
            (1) Southern and northern land borders.--
                    (A) In general.--Beginning on September 30, 2022, 
                or after the Secretary has deployed at least 25 percent 
                of the capabilities required in each sector specified 
                in subsection (a), whichever comes later, the Secretary 
                may deviate from such capability deployments if the 
                Secretary determines that such deviation is required to 
                achieve situational awareness or operational control.
                    (B) Notification.--If the Secretary exercises 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 
                regarding the deviation under such subparagraph that is 
                the subject of such exercise. If the Secretary makes 
                any changes to such deviation, the Secretary shall, not 
                later than 90 days after any such change, notify such 
                committees regarding such change.
            (2) Transit zone.--
                    (A) Notification.--The Secretary shall notify the 
                Committee on Homeland Security and Governmental Affairs 
                of the Senate, the Committee on Commerce, Science, and 
                Transportation of the Senate, the Committee on Homeland 
                Security of the House of Representatives, and the 
                Committee on Transportation and Infrastructure of the 
                House of Representatives 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 referred 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 subparagraph (A), 
                        that such alteration is necessary; and
                            (ii) not later than 30 days after making a 
                        determination under clause (i), notifies the 
                        committees referred to in such subparagraph 
                        regarding such alteration, including 
                        information relating to--
                                    (I) the number and types of assets 
                                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 referred to in subsection 
        (a) in a manner that is inconsistent with the requirements 
        specified in such subsection if, after the Secretary has 
        deployed at least 25 percent of such capabilities, the 
        Secretary determines that exigent circumstances demand such an 
        inconsistent deployment or that such an inconsistent deployment 
        is vital to the national security interests of the United 
        States.
            (2) Notification.--The Secretary shall notify the Committee 
        on Homeland Security of the House of Representative and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate not later than 30 days after making a determination 
        under paragraph (1). Such notification shall include a detailed 
        justification regarding such determination.
    (d) Integration.--In carrying out subsection (a), the Secretary 
shall, to the greatest extent practicable, integrate, within each 
sector or region of the southern border and northern border, as the 
case may be, the deployed capabilities specified in such subsection as 
necessary to achieve situational awareness and operational control of 
such borders.

SEC. 1114. U.S. BORDER PATROL ACTIVITIES.

    The Chief of the U.S. Border Patrol shall prioritize the deployment 
of U.S. Border Patrol agents to as close to the physical land border as 
possible, consistent with border security enforcement priorities and 
accessibility to such areas.

SEC. 1115. BORDER SECURITY TECHNOLOGY PROGRAM MANAGEMENT.

    (a) In General.--Subtitle C of title IV of the Homeland Security 
Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the 
following new section:

``SEC. 435. BORDER SECURITY TECHNOLOGY PROGRAM MANAGEMENT.

    ``(a) Major Acquisition Program Defined.--In this section, the term 
`major acquisition program' means an acquisition program of the 
Department that is estimated by the Secretary to require an eventual 
total expenditure of at least $300,000,000 (based on fiscal year 2018 
constant dollars) over its life cycle cost.
    ``(b) Planning Documentation.--For each border security technology 
acquisition program of the Department that is determined to be a major 
acquisition program, the Secretary shall--
            ``(1) ensure that each such program has a written 
        acquisition program baseline approved by the relevant 
        acquisition decision authority;
            ``(2) document that each such program is meeting cost, 
        schedule, and performance thresholds as specified in such 
        baseline, in compliance with relevant departmental acquisition 
        policies and the Federal Acquisition Regulation; and
            ``(3) have a plan for meeting program implementation 
        objectives by managing contractor performance.
    ``(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 
program managers who are responsible for carrying out this section 
adhere to relevant internal control standards identified by the 
Comptroller General of the United States. The Commissioner shall 
provide information, as needed, to assist the Under Secretary in 
monitoring management of border security technology acquisition 
programs under this section.
    ``(d) Plan.--The Secretary, acting through the Under Secretary for 
Management, in coordination with the Under Secretary for Science and 
Technology and the Commissioner of U.S. Customs and Border Protection, 
shall submit to the appropriate congressional committees a plan for 
testing, evaluating, and using independent verification and validation 
resources for border security technology. Under the plan, new border 
security technologies shall be evaluated through a series of 
assessments, processes, and audits to ensure--
            ``(1) compliance with relevant departmental acquisition 
        policies and the Federal Acquisition Regulation; 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 authorized to be appropriated to carry out section 
435 of the Homeland Security Act of 2002, as added by subsection (a). 
Such section shall be carried out using amounts otherwise authorized 
for such purposes.

SEC. 1116. NATIONAL GUARD SUPPORT TO SECURE THE SOUTHERN BORDER.

    (a) National Guard Support.--
            (1) Authority to request.--The Secretary may, pursuant to 
        chapter 15 of title 10, United States Code, request that the 
        Secretary of Defense support the Secretary's efforts to secure 
        the southern border of the United States. The Secretary of 
        Defense may authorize the provision of such support under 
        section 502(f) of title 32, United States Code.
            (2) Approval and order.--With the approval of the Secretary 
        and the Secretary of Defense, the Governor of a State may order 
        any units or personnel of the National Guard of such State to 
        perform operations and missions under section 502(f) of title 
        32, United States Code, for the purpose of securing the 
        southern border of the United States.
    (b) Types of Support Authorized.--The support provided in 
accordance with subsection (a) may include--
            (1) construction of reinforced fencing or other physical 
        barriers;
            (2) operation of ground-based surveillance systems;
            (3) deployment of manned aircraft, unmanned aerial 
        surveillance systems, and ground-based surveillance systems to 
        support continuous surveillance of the southern border; and
            (4) intelligence analysis support.
    (c) Materiel and Logistical Support.--The Secretary 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).
    (d) Readiness.--To ensure that the use of units and personnel of 
the National Guard of a State authorized pursuant to this section does 
not degrade the training and readiness of such units and personnel, the 
Secretary of Defense shall consider the following requirements when 
authorizing or approving support under subsection (a):
            (1) The performance of such support may not affect 
        adversely the quality of such training or readiness or 
        otherwise interfere with the ability of a unit or personnel of 
        the National Guard of a State to perform the military functions 
        of such member or unit.
            (2) The performance of such support may not degrade the 
        military skills of the units or personnel of the National Guard 
        of a State performing such support.
    (e) Report on Readiness.--Upon the request of the Secretary, the 
Secretary of Defense shall provide to the Secretary a report on the 
readiness of units and personnel of the National Guard that the 
Secretary of Defense determines are capable of providing such support.
    (f) Reimbursement Notification.--Prior to providing any support 
under subsection (a), the Secretary of Defense shall notify the 
Secretary whether the requested support will be reimbursed under 
section 277 of title 10, United States Code.
    (g) Reimbursement to States.--The Secretary of Defense may 
reimburse a State for costs incurred in the deployment of any units or 
personnel of the National Guard pursuant to subsection (a).
    (h) Relationship to Other Laws.--Nothing in this section may be 
construed as affecting the authorities under chapter 9 of title 32, 
United States Code.
    (i) Reports.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act and biannually thereafter through 
        December 31, 2021, the Secretary of Defense shall submit to the 
        appropriate congressional defense committees (as defined in 
        section 101(a)(16) of title 10, United States Code) a report 
        regarding any support provided pursuant to subsection (a) for 
        the six-month period preceding each such report.
            (2) Elements.--Each report under paragraph (1) shall 
        include a description of--
                    (A) the support provided; and
                    (B) the sources and amounts of funds obligated and 
                expended to provide such support.

SEC. 1117. PROHIBITIONS ON ACTIONS THAT IMPEDE BORDER 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 emergency 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 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 southern border or 
        the northern border.
            (2) Activities described.--The activities described in this 
        paragraph are--
                    (A) carrying out section 102 of the Illegal 
                Immigration Reform and Immigrant Responsibility Act of 
                1996 (Division C of Public Law 104-208; 8 U.S.C. 1103 
                note), as amended by section 1111 of this division;
                    (B) the execution of search and rescue operations;
                    (C) the use of motorized vehicles, foot patrols, 
                and horseback to patrol the border area, apprehend 
                illegal entrants, and rescue individuals; and
                    (D) the remediation of tunnels used to facilitate 
                unlawful immigration or other illicit activities.
    (c) Clarification Relating to Waiver Authority.--
            (1) In general.--The activities of U.S. Customs and Border 
        Protection described in subsection (b)(2) may be carried out 
        without regard to the provisions of law specified in paragraph 
        (2).
            (2) Provisions of law specified.--The provisions of law 
        specified in this section are all Federal, State, or other 
        laws, regulations, and legal requirements of, deriving from, or 
        related to the subject 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 referred 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 Protection Act of 
                1979 (16 U.S.C. 470aa et seq.).
                    (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 ``Archaeological 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.).
                    (S) The Federal Land Policy and Management 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 chapter 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 California 
                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.).
                    (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 Protection and 
                Repatriation Act (25 U.S.C. 3001 et seq.).
                    (GG) The American Indian Religious Freedom Act (42 
                U.S.C. 1996).
                    (HH) The National Forest Management Act of 1976 (16 
                U.S.C. 1600 et seq.).
                    (II) 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 the date of the enactment of this Act, the 
        waiver described 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 affecting, negating, or 
        diminishing in any manner the applicability of section 552 of 
        title 5, United States Code (commonly referred to as the 
        ``Freedom of Information 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 access 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
            (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 diminish treaties or other agreements 
between the United States and Indian tribes.
    (g) Memoranda of Understanding.--The requirements of this section 
shall not apply to the extent that such requirements are incompatible 
with any memorandum 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 ``covered Federal 
        land'' includes all land under the control of the Secretary 
        concerned that is located within 100 miles of the southern 
        border or the northern border.
            (2) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) with respect to land under the jurisdiction of 
                the Department of Agriculture, the Secretary of 
                Agriculture; and
                    (B) with respect to land under the jurisdiction of 
                the Department of the Interior, the Secretary of the 
                Interior.

SEC. 1118. LANDOWNER AND RANCHER SECURITY ENHANCEMENT.

    (a) Establishment of National Border Security Advisory Committee.--
The Secretary shall establish 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 border 
                security metrics established by the Department 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 security of high 
                traffic areas along the northern border and the 
                southern border; and
            (2) may provide, through the Secretary, recommendations to 
        Congress.
    (b) Consideration of Views.--The Secretary shall consider the 
information, advice, and recommendations of the National Border 
Security Advisory Committee in formulating policy regarding matters 
affecting border security.
    (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. 1119. ERADICATION OF CARRIZO CANE AND SALT CEDAR.

    (a) In General.--Not later than September 30, 2023, 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 
operations.
    (b) Extent.--The waiver authority under subsection (c) of section 
102 of the Illegal Immigration Reform and 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. 1120. SOUTHERN BORDER THREAT ANALYSIS.

    (a) Threat Analysis.--
            (1) Requirement.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary 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 analysis.
            (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 organized 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 prevent terrorists 
                and instruments of terror from entering the United 
                States;
                    (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 security, counterterrorism, and 
                anti-human smuggling 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 potential 
                security vulnerability associated with prolonged wait 
                times.
            (3) Analysis requirements.--In compiling the Southern 
        border threat analysis required under this subsection, the 
        Secretary shall consider and examine--
                    (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;
                    (B) the personnel needs and challenges, including 
                such needs and challenges associated with recruitment 
                and hiring;
                    (C) the infrastructure needs and challenges;
                    (D) the roles and authorities of State, local, and 
                tribal law enforcement in general border security 
                activities;
                    (E) the status of coordination among Federal, 
                State, local, tribal, and Mexican law enforcement 
                entities relating to border security;
                    (F) the terrain, population density, and climate 
                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 unclassified form, but may submit a portion 
        of the threat analysis in classified form if the Secretary 
        determines 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 under subsection (a) 
        or June 30, 2019, 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 required 
                under subsection (a), with an emphasis on efforts to 
                mitigate threats identified in such threat analysis;
                    (B) efforts to analyze and disseminate border 
                security and border threat information between border 
                security components of the Department and other 
                appropriate Federal departments and agencies with 
                missions associated with the Southern border;
                    (C) efforts to increase situational awareness, 
                including--
                            (i) surveillance capabilities, including 
                        capabilities developed or utilized by the 
                        Department of Defense, and any appropriate 
                        technology determined to be excess by the 
                        Department of Defense; and
                            (ii) the use of manned aircraft and 
                        unmanned aerial systems, including camera 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 borders of the United 
                States;
                    (G) efforts to ensure that any new border security 
                technology can be operationally integrated 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 equipment, biometric technology, 
                surveillance systems, and other sensors and technology 
                that the Secretary determines to be necessary;
                    (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 information 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, territorial, 
                and Federal law enforcement agencies that have 
                jurisdiction on the Northern border or the Southern 
                border, or in the maritime environment, and from border 
                community stakeholders (including through public 
                meetings with such stakeholders), including 
                representatives from border agricultural and ranching 
                organizations and representatives from business and 
                civic organizations along the Northern border or the 
                Southern border;
                    (M) staffing requirements for all departmental 
                border security functions;
                    (N) a prioritized list of departmental research 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 fraudulent 
                        documents;
                            (ii) understanding the scope of enforcement 
                        authorities and the use of force policies; and
                            (iii) screening, identifying, and 
                        addressing vulnerable populations, such as 
                        children and victims of human trafficking; and
                    (P) an assessment of how border security operations 
                affect border crossing times.

SEC. 1121. 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 amended--
            (1) in paragraph (18), by striking ``and'' after the 
        semicolon at the end;
            (2) by redesignating paragraph (19) as paragraph (21); and
            (3) by inserting after paragraph (18) the following 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 Enforcement 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: ``compared 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 
Enforcement 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 at the port at which such 
                officer is currently assigned.''.
    (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 inserting 
        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 system' in section 331 of the 
        FAA Modernization and Reform Act of 2012 (Public Law 112-95; 49 
        U.S.C. 40101 note).''.

SEC. 1122. 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 border be 
provided to front-line officers and agents of the Department of 
Homeland Security.

SEC. 1123. 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 establish 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 security;
            ``(3) facilitate collaboration among components and offices 
        within the Department and international partners;
            ``(4) execute coordinated activities in furtherance of 
        border security and homeland security; and
            ``(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. Customs and 
                Border Protection.
                    ``(B) U.S. Immigration and Customs Enforcement, led 
                by Homeland Security Investigations.
                    ``(C) The Coast Guard, for the purpose of securing 
                the maritime borders of the United States.
                    ``(D) Other Department personnel, as appropriate.
                    ``(E) Other Federal departments and agencies, as 
                appropriate.
                    ``(F) Appropriate State law enforcement agencies.
                    ``(G) Foreign law enforcement partners.
                    ``(H) Local law enforcement agencies from affected 
                border cities and communities.
                    ``(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 consider the following:
                    ``(A) Whether the region in which the IBET would be 
                established is significantly impacted by cross-border 
                threats.
                    ``(B) The availability of Federal, State, local, 
                tribal, and foreign law enforcement resources to 
                participate in an IBET.
                    ``(C) Whether, in accordance with paragraph (3), 
                other joint cross-border initiatives already take place 
                within the region in which the IBET would be 
                established, including other Department cross-border 
                programs such as the Integrated Cross-Border Maritime 
                Law Enforcement Operation Program established 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.
            ``(3) Duplication of efforts.--In determining whether to 
        establish a new IBET or to expand an existing IBET in a given 
        region, the Secretary shall ensure that the IBET under 
        consideration does not duplicate the efforts of other existing 
        interagency task forces or centers within such region, 
        including the Integrated Cross-Border Maritime Law Enforcement 
        Operation Program established 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 regions in which 
        to establish IBETs, the Secretary may--
                    ``(A) direct the assignment of Federal personnel to 
                such IBETs; and
                    ``(B) take other actions to assist Federal, State, 
                local, and tribal entities to participate in such 
                IBETs, including providing financial assistance, as 
                appropriate, for operational, administrative, and 
                technological costs associated with such participation.
            ``(2) Limitation.--Coast Guard personnel assigned 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 accordance with the strategic objectives of 
the Cross-Border Law Enforcement Advisory Committee.
    ``(f) Memoranda of Understanding.--The Secretary may enter into 
memoranda of understanding with appropriate representatives of the 
entities specified in subsection (c)(1) necessary to carry out the IBET 
program. Such memoranda with entities specified in subparagraph (G) of 
such subsection shall be entered into with the concurrence of the 
Secretary of State.
    ``(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 Committee on Homeland Security 
of the House of Representatives and the Committee on Homeland 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--
            ``(1) describes the effectiveness of IBETs in fulfilling 
        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 interoperability to allow for 
        secure cross-border radio communications; and
            ``(4) assesses how IBETs, Border Enforcement Security Task 
        Forces, and the Integrated Cross-Border 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. 1124. TUNNEL TASK FORCES.

    The Secretary is authorized to establish Tunnel Task Forces for the 
purposes of detecting and remediating tunnels that breach the 
international border of the United States.

SEC. 1125. PILOT PROGRAM ON USE OF ELECTROMAGNETIC SPECTRUM IN SUPPORT 
              OF BORDER SECURITY OPERATIONS.

    (a) In General.--The Commissioner, in consultation with the 
Assistant Secretary of Commerce for Communications and Information, 
shall conduct a pilot program to test and evaluate the use of 
electromagnetic spectrum by U.S. Customs 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 engaged 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 cooperation 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 subsection (a), the 
Commissioner shall submit to the Committee on Homeland Security and the 
Committee on Energy and Commerce of the House of Representatives and 
the Committee on Homeland Security and Governmental Affairs and the 
Committee on Commerce, Science, and Transportation of the Senate a 
report on the findings and data derived from such program.

SEC. 1126. FOREIGN MIGRATION 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 
1123 of this division, is further amended by adding at the end the 
following new section:

``SEC. 437. FOREIGN MIGRATION ASSISTANCE.

    ``(a) In General.--The Secretary, with the concurrence of the 
Secretary of State, may provide to a foreign government financial 
assistance for foreign country operations to address migration flows 
that may affect the United States.
    ``(b) Determination.--Assistance provided under subsection (a) may 
be provided only if such assistance would enhance the recipient 
government's capacity to address irregular migration flows that may 
affect the United States, including through related detention or 
removal operations by the recipient government, including procedures to 
screen and provide protection for certain individuals.
    ``(c) Reimbursement of Expenses.--The Secretary may, if 
appropriate, seek reimbursement from the receiving foreign government 
for the provision of financial assistance under this section.
    ``(d) Receipts Credited as Offsetting Collections.--Notwithstanding 
section 3302 of title 31, United States Code, any reimbursement 
collected pursuant to subsection (c) shall--
            ``(1) be credited as offsetting collections to the account 
        that finances the financial assistance under this section for 
        which such reimbursement is received; and
            ``(2) remain available until expended for the purpose of 
        carrying out this section.
    ``(e) Effective Period.--The authority provided under this section 
shall remain in effect until September 30, 2023.
    ``(f) Development and Program Execution.--The Secretary and the 
Secretary of State shall jointly develop and implement any financial 
assistance under this section.
    ``(g) Rule of Construction.--Nothing in this section may be 
construed as affecting, augmenting, or diminishing the authority of the 
Secretary of State.
    ``(h) Authorization of Appropriations.--In addition 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 (referred to in this section as `BITMAP') to 
address and reduce 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. Immigration and Customs 
Enforcement, shall--
            ``(1) provide, when necessary, capabilities, training, and 
        equipment, to the government of a foreign country to collect 
        biometric and biographic identification data from individuals 
        to identify, prevent, detect, and interdict high risk 
        individuals identified 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 appropriate United 
        States national security, border security, public safety, 
        immigration, and counter-terrorism 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 successor 
                database;
                    ``(C) the Department of Defense Automated Biometric 
                Identification System (commonly known as `ABIS'), or 
                successor database;
                    ``(D) the Department's Automated Biometric 
                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 agencies responsible for such 
                databases, notices, or means, designates; and
            ``(3) ensure biometric and biographic identification data 
        collected pursuant to BITMAP are incorporated into appropriate 
        United States Government databases, in compliance with the 
        policies and procedures established by the Privacy Officer 
        appointed under section 222.
    ``(c) Collaboration.--The Secretary shall ensure that BITMAP 
operations include participation from relevant components of the 
Department, and, as appropriate, request participation from other 
Federal agencies.
    ``(d) Coordination.--The Secretary shall coordinate with the 
Secretary of State, appropriate representatives of foreign governments, 
and the heads of other Federal 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 described 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 purposes 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 provide the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security 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;
            ``(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 Migration 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 PROTECTION AGENTS AND 
              OFFICERS.

    (a) Border Patrol Agents.--Not later than September 30, 2023, the 
Commissioner shall hire, train, and assign sufficient agents to 
maintain an active duty presence of not fewer than 26,370 full-time 
equivalent agents.
    (b) CBP Officers.--In addition to positions authorized 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 Protection 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 Operations 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 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 inspection 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 Commissioner shall 
        construct new stables, maintain and improve 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. Customs 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 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 Tunnel Detection and 
Technology Program.--Not later than September 30, 2023, the 
Commissioner shall increase by not fewer than 50 the number of officers 
assisting task forces and activities related to deployment and 
operation of border tunnel detection technology and apprehensions of 
individuals using such tunnels for crossing into the United States, 
drug trafficking, or human smuggling.
    (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 authorized under subsections (a) through (g), 631 
U.S. Customs 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 Professional Responsibility special agents to 
maintain an active duty presence of not fewer than 550 full-time 
equivalent special agents.
    (j) U.S. Customs and Border Protection Office of Intelligence.--Not 
later than September 30, 2023, the Commissioner shall hire, train, and 
assign sufficient 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 RETENTION INCENTIVES.

    (a) In General.--Chapter 97 of title 5, United States Code, is 
amended by adding at the end the following:
``Sec. 9702. U.S. Customs and Border Protection temporary employment 
              authorities
    ``(a) Definitions.--In this section--
            ``(1) the term `CBP employee' means an employee of U.S. 
        Customs and Border Protection described 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 Commissioner of 
        U.S. Customs and Border Protection;
            ``(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 committees' 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 limitation.--The purpose of 
        this subsection is to allow U.S. Customs and Border Protection 
        to expeditiously meet the hiring goals and staffing levels 
        required 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 sections 3309 through 3319, 
        candidates to positions in the competitive service as CBP 
        employees if the Secretary has given public notice for the 
        positions.
            ``(3) Recruitment and relocation bonuses.--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 conditions 
                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 regulations 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 
                        required to complete a period of employment as 
                        a CBP employee of not less than 2 years; and
                            ``(ii) that includes--
                                    ``(I) the commencement and 
                                termination dates of the required 
                                service period (or provisions for the 
                                determination 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 
                                        terminated before the agreed-
                                        upon service period has been 
                                        completed; and
                                            ``(bb) the effect of a 
                                        termination 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 section 5754) if--
                    ``(A) the Secretary determines that--
                            ``(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 
                                position in another agency or component 
                                of the Department of Homeland Security; 
                                and
                    ``(B) the individual enters into a written service 
                agreement with the Secretary--
                            ``(i) under which the individual is 
                        required to complete a period of employment as 
                        a CBP employee of not less than 2 years; and
                            ``(ii) that includes--
                                    ``(I) the commencement and 
                                termination dates of the required 
                                service period (or provisions for the 
                                determination 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 
                                        terminated before the agreed-
                                        upon service period has been 
                                        completed; and
                                            ``(bb) the effect of a 
                                        termination 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) 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 payment to the covered employee for 
                accumulated and accrued annual leave under section 5551 
                or section 5552.
                    ``(C) Period of service for recruitment, 
                relocation, and retention bonuses.--
                            ``(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 circumstances 
described in subsection (b) of section 5305, the Director may establish 
special rates of pay in accordance with that section to assist the 
Secretary in meeting the requirements of section 1131 of the Border 
Security for America Act of 2018. The Director shall prioritize the 
consideration of requests from the Secretary for such special rates of 
pay and issue a decision as soon as practicable. 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 authorities provided under 
        subsections (b) and (c). In each report, the Secretary shall 
        provide such information as the Director determines is 
        appropriate to ensure appropriate use of authorities under such 
        subsections. Each report shall also include an assessment of--
                    ``(A) the impact of the use of authorities under 
                subsections (b) and (c) on implementation of section 
                1131 of the Border Security for America Act of 2018;
                    ``(B) solving hiring and retention challenges at 
                the agency, including at specific locations;
                    ``(C) whether hiring and retention challenges still 
                exist at the agency or specific locations; and
                    ``(D) whether the Secretary needs to continue to 
                use authorities provided under this section 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 location 
                or leaving U.S. Customs and Border Protection.
            ``(3) Distribution.--In addition to the Director, the 
        Secretary shall submit each report required under this 
        subsection to the appropriate congressional committees.
    ``(e) OPM Action.--If the Director determines the Secretary has 
inappropriately used authorities under subsection (b) or a special rate 
of pay provided under subsection (c), the Director shall notify the 
Secretary and the appropriate congressional committees in writing. Upon 
receipt of the notification, the Secretary may not make any new 
appointments or issue any new bonuses under subsection (b), nor provide 
CBP employees with further special rates of pay, until the Director has 
provided the Secretary 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 enactment 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 regarding 
        hiring and human resources flexibilities (including 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 employees.
            ``(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 resources 
                flexibilities for employees who are involved in the 
                recruitment, hiring, assessment, or selection of 
                candidates, as well as the retention of current 
                employees.
                    ``(B) Regular training sessions for personnel 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 
                program in regions that could assist in filling 
                positions in rural or remote areas.
                    ``(E) Examination of existing agency programs 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 quality 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 Homeland Security 
                internship programs and the usefulness of those 
                programs in improving hiring by the Secretary in rural 
                or remote areas.
            ``(3) Evaluation.--
                    ``(A) In general.--Each year, the Secretary 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
                            ``(ii) make any appropriate updates to the 
                        strategy under paragraph (1).
                    ``(B) Information.--The evaluation conducted under 
                subparagraph (A) shall include--
                            ``(i) any reduction in the time taken by 
                        the Secretary to fill mission-critical 
                        positions, including in rural or remote areas;
                            ``(ii) a general assessment of the impact 
                        of the strategy implemented under paragraph (1) 
                        on hiring challenges, including 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 Security 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 hiring and 
retention needs, including in rural and remote areas.
    ``(h) Report on Polygraph Requests.--The Secretary shall report to 
the appropriate congressional committees on the number of requests the 
Secretary receives from any other Federal agency for the file of an 
applicant 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 authority 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 delegate any authority 
        under this section to the Commissioner.
    ``(j) Rule of Construction.--Nothing in this section shall be 
construed to exempt the Secretary or the Director 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 before 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 following:

``9702. U.S. Customs and Border Protection temporary employment 
                            authorities.''.

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 application of subsection (a)(1)--
            ``(1) to a current, full-time law enforcement officer 
        employed by a State or local law enforcement agency who--
                    ``(A) has continuously served as a law enforcement 
                officer for not fewer than three years;
                    ``(B) is authorized by law to engage in or 
                supervise the prevention, detection, investigation, 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 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 officer position; and
                    ``(D) has, within the past ten years, successfully 
                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 enforcement 
        officer who--
                    ``(A) has continuously served as a law enforcement 
                officer for not fewer than three years;
                    ``(B) is authorized to make arrests, conduct 
                investigations, conduct searches, make seizures, carry 
                firearms, and serve orders, warrants, 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 officer position; and
                    ``(D) holds a current Tier 4 background 
                investigation or current Tier 5 background 
                investigation; and
            ``(3) to a member of the Armed Forces (or a reserve 
        component thereof) or a veteran, if such individual--
                    ``(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/Sensitive 
                Compartmented Information clearance;
                    ``(C) holds, or has undergone within the past five 
                years, a current Tier 4 background investigation or 
                current Tier 5 background investigation;
                    ``(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 obtain the 
                clearance referred to subparagraph (B).
    ``(c) Termination of Waiver Authority.--The authority to issue a 
waiver under subsection (b) shall terminate 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 authority.--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 hiring requirements relating to 
suitability for employment and eligibility to hold a national security 
designated position, as determined by the Commissioner of U.S. Customs 
and Border Protection.
    ``(b) Background Investigations.--Any individual 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 Examination.--The Commissioner of 
U.S. Customs and Border Protection is authorized to administer a 
polygraph examination to an applicant or employee who is eligible for 
or receives a waiver under section 3(b) if information is discovered 
before the completion of a background investigation that results in a 
determination that a polygraph examination is necessary to make a final 
determination regarding suitability for employment or continued 
employment, 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 section:

``SEC. 5. REPORTING.

    ``(a) Annual Report.--Not later than one year after the date of the 
enactment of this section and annually 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 received a waiver 
        and the results of such polygraph;
            ``(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. Customs 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 employment 
        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 
        pursuant to section 3(b).''.
            (3) Definitions.--The Anti-Border Corruption Act of 2010, 
        as amended by paragraphs (1) and (2), is further amended by 
        adding at the end the following new section:

``SEC. 6. DEFINITIONS.

    ``In this Act:
            ``(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 offense 
                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 September 30, 2022, the 
Secretary shall increase to not fewer than 150 the number of trained 
full-time equivalent polygraph 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 Commissioner shall ensure 
        that every agent and officer of U.S. Customs and Border 
        Protection receives a minimum of 21 weeks of training that are 
        directly related to the mission of the U.S. Border Patrol, Air 
        and Marine, and the Office of Field Operations before the 
        initial assignment of such agents and officers.
            ``(2) FLETC.--The Commissioner shall work in consultation 
        with the Director of the Federal Law Enforcement Training 
        Centers to establish guidelines and curriculum for the training 
        of agents and officers of U.S. Customs and Border Protection 
        under subsection (a).
            ``(3) Continuing education.--The Commissioner shall 
        annually require all agents and officers of U.S. Customs and 
        Border Protection who are required to undergo training under 
        subsection (a) to participate in not fewer than eight hours of 
        continuing education annually to maintain and update 
        understanding of Federal legal rulings, court decisions, 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 subsection, the Commissioner 
        shall develop and require training courses geared towards the 
        development of leadership skills for mid- and senior-level 
        career employees 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 submit to the Committee 
on Homeland Security and the Committee on Ways and Means of the House 
of Representatives and the Committee on Homeland Security and 
Governmental Affairs and the Committee on Finance of the Senate a 
report identifying the guidelines and curriculum established to carry 
out subsection (l) of section 411 of the Homeland Security Act of 2002, 
as amended by subsection (a) of this section.
    (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 Committee on Homeland Security and the Committee on 
Ways and Means of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs and the Committee on Finance 
of the Senate a report that 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 
subsection (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 enforcement agencies, through the State administrative 
agency, to enhance border security in accordance with this section.
    ``(b) Eligible Recipients.--To be eligible to receive a grant under 
this section, a law enforcement agency--
            ``(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 coordinated through a U.S. 
        Border Patrol sector office.
    ``(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 activities;
            ``(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 determined by the 
        Administrator, in consultation with the Commissioner of U.S. 
        Customs and Border Protection.
    ``(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 
information 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 amended by inserting after the 
item relating to section 2008 the following:

``Sec. 2009. Operation Stonegarden.''.

 TITLE II--EMERGENCY PORT OF ENTRY PERSONNEL AND INFRASTRUCTURE FUNDING

SEC. 2101. PORTS OF ENTRY INFRASTRUCTURE.

    (a) Additional Ports of Entry.--
            (1) Authority.--The Administrator of General 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 locations 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 Secretary of Agriculture, the Secretary of 
                Transportation, 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) shall be to 
                minimize any negative impacts of constructing a new 
                port of entry on the environment, culture, commerce, 
                and quality of life of the communities and residents 
                located near such new port.
    (b) Expansion and Modernization of High-Priority 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 constructing any new 
ports of entry pursuant to subsection (a), the Administrator of General 
Services shall complete the expansion and modernization of ports of 
entry pursuant 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 
        district in which such new port of entry will be located, as 
        well as the Committee on Homeland Security 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 Security, 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 
        information 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 description of the 
        consultations undertaken by the Secretary 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 modernization 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, the Committee 
        on Commerce, Science, and Transportation, and the Committee on 
        the Judiciary of the Senate, and the Committee on Homeland 
        Security, the Committee on Ways and Means, the Committee on 
        Transportation and Infrastructure, and the Committee on the 
        Judiciary of the House of Representatives of the ports of entry 
        on the southern border that are the subject of expansion or 
        modernization pursuant to subsection (b) and the Secretary'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 affected by this section;
            (2) delay the transfer of the possession of property 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 section may be construed 
as providing the Secretary new authority related to the construction, 
acquisition, or renovation 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. Immigration and Customs Enforcement 
officer or agent, if appropriate, is equipped with a secure radio or 
other two-way communication device, supported by system 
interoperability, that allows each such officer to communicate--
            (1) between ports of entry and inspection stations; 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.

SEC. 2103. BORDER SECURITY DEPLOYMENT PROGRAM.

    (a) Expansion.--Not later than September 30, 2023, the Secretary 
shall fully implement the Border Security Deployment Program of the 
U.S. Customs and Border 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 addition 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 READERS 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 upgrade, as determined by the 
Commissioner, on the northern and southern borders on incoming and 
outgoing vehicle 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 cross-border 
wait times for commercial traffic and tractor-trailers.
    (c) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall report to the Committee on 
Homeland Security and Governmental Affairs, the Committee on the 
Judiciary, and the Committee on Finance of the Senate, and the 
Committee on Homeland Security, and Committee on the Judiciary, and the 
Committee on Ways and Means of the House of Representatives the results 
of the pilot program under subsection (b) and make recommendations for 
implementing use of such technology on the southern border.
    (d) Authorization of Appropriations.--In addition to amounts 
otherwise authorized to be appropriated for such purpose, there is 
authorized to be appropriated $125,000,000 for fiscal years 2019 
through 2020 to carry out subsection (a).

SEC. 2105. NONINTRUSIVE INSPECTION OPERATIONAL DEMONSTRATION.

    (a) In General.--Not later than six months after the date of the 
enactment of this Act, the Commissioner shall establish a six-month 
operational demonstration to deploy a high-throughput nonintrusive 
passenger vehicle inspection system at not fewer than three land ports 
of entry along the United States-Mexico border with significant cross-
border traffic. Such demonstration shall be located within the pre-
primary traffic flow and should be scalable to span up to 26 contiguous 
in-bound traffic lanes without re-configuration of existing lanes.
    (b) Report.--Not later than 90 days after the conclusion of the 
operational demonstration under subsection (a), the Commissioner shall 
submit to the Committee on Homeland Security and the Committee on Ways 
and Means of the House of Representatives and the Committee on Homeland 
Security and Governmental Affairs and the Committee on Finance of the 
Senate a report that describes the following:
            (1) The effects of such demonstration on legitimate travel 
        and trade.
            (2) The effects of such demonstration on wait times, 
        including processing times, for non-pedestrian traffic.
            (3) The effectiveness of such demonstration in combating 
        terrorism and smuggling.

SEC. 2106. BIOMETRIC EXIT DATA SYSTEM.

    (a) In General.--Subtitle B of title IV of the Homeland Security 
Act of 2002 (6 U.S.C. 211 et seq.) is amended by inserting after 
section 415 the following new section:

``SEC. 416. BIOMETRIC ENTRY-EXIT.

    ``(a) Establishment.--The Secretary shall--
            ``(1) not later than 180 days after the date of the 
        enactment of this section, submit to the Committee on Homeland 
        Security and Governmental Affairs and the Committee on the 
        Judiciary of the Senate and the Committee on Homeland Security 
        and the Committee on the Judiciary of the House of 
        Representatives an implementation plan to establish a biometric 
        exit data system to complete the integrated biometric entry and 
        exit data system required under section 7208 of the 
        Intelligence Reform and Terrorism Prevention Act of 2004 (8 
        U.S.C. 1365b), including--
                    ``(A) an integrated master schedule and cost 
                estimate, including requirements and design, 
                development, operational, and maintenance costs of such 
                a system, that takes into account prior reports on such 
                matters issued by the Government Accountability Office 
                and the Department;
                    ``(B) cost-effective staffing and personnel 
                requirements of such a system that leverages existing 
                resources of the Department that takes into account 
                prior reports on such matters issued by the Government 
                Accountability Office and the Department;
                    ``(C) a consideration of training programs 
                necessary to establish such a system that takes into 
                account prior reports on such matters issued by the 
                Government Accountability Office and the Department;
                    ``(D) a consideration of how such a system will 
                affect arrival and departure wait times that takes into 
                account prior reports on such matter issued by the 
                Government Accountability Office and the Department;
                    ``(E) information received after consultation with 
                private sector stakeholders, including the--
                            ``(i) trucking industry;
                            ``(ii) airport industry;
                            ``(iii) airline industry;
                            ``(iv) seaport industry;
                            ``(v) travel industry; and
                            ``(vi) biometric technology industry;
                    ``(F) a consideration of how trusted traveler 
                programs in existence as of the date of the enactment 
                of this section may be impacted by, or incorporated 
                into, such a system;
                    ``(G) defined metrics of success and milestones;
                    ``(H) identified risks and mitigation strategies to 
                address such risks;
                    ``(I) a consideration of how other countries have 
                implemented a biometric exit data system; and
                    ``(J) a list of statutory, regulatory, or 
                administrative authorities, if any, needed to integrate 
                such a system into the operations of the Transportation 
                Security Administration; and
            ``(2) not later than two years after the date of the 
        enactment of this section, establish a biometric exit data 
        system at the--
                    ``(A) 15 United States airports that support the 
                highest volume of international air travel, as 
                determined by available Federal flight data;
                    ``(B) 10 United States seaports that support the 
                highest volume of international sea travel, as 
                determined by available Federal travel data; and
                    ``(C) 15 United States land ports of entry that 
                support the highest volume of vehicle, pedestrian, and 
                cargo crossings, as determined by available Federal 
                border crossing data.
    ``(b) Implementation.--
            ``(1) Pilot program at land ports of entry.--Not later than 
        six months after the date of the enactment of this section, the 
        Secretary, in collaboration with industry stakeholders, shall 
        establish a six-month pilot program to test the biometric exit 
        data system referred to in subsection (a)(2) on non-pedestrian 
        outbound traffic at not fewer than three land ports of entry 
        with significant cross-border traffic, including at not fewer 
        than two land ports of entry on the southern land border and at 
        least one land port of entry on the northern land border. Such 
        pilot program may include a consideration of more than one 
        biometric mode, and shall be implemented to determine the 
        following:
                    ``(A) How a nationwide implementation of such 
                biometric exit data system at land ports of entry shall 
                be carried out.
                    ``(B) The infrastructure required to carry out 
                subparagraph (A).
                    ``(C) The effects of such pilot program on 
                legitimate travel and trade.
                    ``(D) The effects of such pilot program on wait 
                times, including processing times, for such non-
                pedestrian traffic.
                    ``(E) The effects of such pilot program on 
                combating terrorism.
                    ``(F) The effects of such pilot program on 
                identifying visa holders who violate the terms of their 
                visas.
            ``(2) At land ports of entry.--
                    ``(A) In general.--Not later than five years after 
                the date of the enactment of this section, the 
                Secretary shall expand the biometric exit data system 
                referred to in subsection (a)(2) to all land ports of 
                entry.
                    ``(B) Extension.--The Secretary may extend for a 
                single two-year period the date specified in 
                subparagraph (A) if the Secretary certifies to the 
                Committee on Homeland Security and Governmental Affairs 
                and the Committee on the Judiciary of the Senate and 
                the Committee on Homeland Security and the Committee on 
                the Judiciary of the House of Representatives that the 
                15 land ports of entry that support the highest volume 
                of passenger vehicles, as determined by available 
                Federal data, do not have the physical infrastructure 
                or characteristics to install the systems necessary to 
                implement a biometric exit data system. Such extension 
                shall apply only in the case of non-pedestrian outbound 
                traffic at such land ports of entry.
            ``(3) At air and sea ports of entry.--Not later than five 
        years after the date of the enactment of this section, the 
        Secretary shall expand the biometric exit data system referred 
        to in subsection (a)(2) to all air and sea ports of entry.
    ``(c) Effects on Air, Sea, and Land Transportation.--The Secretary, 
in consultation with appropriate private sector stakeholders, shall 
ensure that the collection of biometric data under this section causes 
the least possible disruption to the movement of people or cargo in 
air, sea, or land transportation, while fulfilling the goals of 
improving counterterrorism efforts and identifying visa holders who 
violate the terms of their visas.
    ``(d) Termination of Proceeding.--Notwithstanding any other 
provision of law, the Secretary shall, on the date of the enactment of 
this section, terminate the proceeding entitled `Collection of Alien 
Biometric Data Upon Exit From the United States at Air and Sea Ports of 
Departure; United States Visitor and Immigrant Status Indicator 
Technology Program (``US-VISIT'')', issued on April 24, 2008 (73 Fed. 
Reg. 22065).
    ``(e) Data-Matching.--The biometric exit data system established 
under this section shall--
            ``(1) match biometric information for an individual, 
        regardless of nationality, citizenship, or immigration status, 
        who is departing the United States against biometric data 
        previously provided to the United States Government by such 
        individual for the purposes of international travel;
            ``(2) leverage the infrastructure and databases of the 
        current biometric entry and exit system established pursuant to 
        section 7208 of the Intelligence Reform and Terrorism 
        Prevention Act of 2004 (8 U.S.C. 1365b) for the purpose 
        described in paragraph (1); and
            ``(3) be interoperable with, and allow matching against, 
        other Federal databases that--
                    ``(A) store biometrics of known or suspected 
                terrorists; and
                    ``(B) identify visa holders who violate the terms 
                of their visas.
    ``(f) Scope.--
            ``(1) In general.--The biometric exit data system 
        established under this section shall include a requirement for 
        the collection of biometric exit data at the time of departure 
        for all categories of individuals who are required by the 
        Secretary to provide biometric entry data.
            ``(2) Exception for certain other individuals.--This 
        section shall not apply in the case of an individual who exits 
        and then enters the United States on a passenger vessel (as 
        such term is defined in section 2101 of title 46, United States 
        Code) the itinerary of which originates and terminates in the 
        United States.
            ``(3) Exception for land ports of entry.--This section 
        shall not apply in the case of a United States or Canadian 
        citizen who exits the United States through a land port of 
        entry.
    ``(g) Collection of Data.--The Secretary may not require any non-
Federal person to collect biometric data, or contribute to the costs of 
collecting or administering the biometric exit data system established 
under this section, except through a mutual agreement.
    ``(h) Multi-Modal Collection.--In carrying out subsections (a)(1) 
and (b), the Secretary shall make every effort to collect biometric 
data using multiple modes of biometrics.
    ``(i) Facilities.--All facilities at which the biometric exit data 
system established under this section is implemented shall provide and 
maintain space for Federal use that is adequate to support biometric 
data collection and other inspection-related activity. For non-
federally owned facilities, such space shall be provided and maintained 
at no cost to the Government. For all facilities at land ports of 
entry, such space requirements shall be coordinated with the 
Administrator of General Services.
    ``(j) Northern Land Border.--In the case of the northern land 
border, the requirements under subsections (a)(2)(C), (b)(2)(A), and 
(b)(4) may be achieved through the sharing of biometric data provided 
to the Department by the Canadian Border Services Agency pursuant to 
the 2011 Beyond the Border agreement.
    ``(k) Full and Open Competition.--The Secretary shall procure goods 
and services to implement this section via full and open competition in 
accordance with the Federal Acquisition Regulations.
    ``(l) Other Biometric Initiatives.--Nothing in this section may be 
construed as limiting the authority of the Secretary to collect 
biometric information in circumstances other than as specified in this 
section.
    ``(m) Congressional Review.--Not later than 90 days after the date 
of the enactment of this section, the Secretary shall submit to the 
Committee on Homeland Security and Governmental Affairs of the Senate, 
the Committee on the Judiciary of the Senate, the Committee on Homeland 
Security of the House of Representatives, and Committee on the 
Judiciary of the House of Representatives reports and recommendations 
regarding the Science and Technology Directorate's Air Entry and Exit 
Re-Engineering Program of the Department and the U.S. Customs and 
Border Protection entry and exit mobility program demonstrations.
    ``(n) Savings Clause.--Nothing in this section shall prohibit the 
collection of user fees permitted by section 13031 of the Consolidated 
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c).''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by inserting after the 
item relating to section 415 the following new item:

``Sec. 416. Biometric entry-exit.''.

SEC. 2107. SENSE OF CONGRESS ON COOPERATION BETWEEN AGENCIES.

    (a) Finding.--Congress finds that personnel constraints exist at 
land ports of entry with regard to sanitary and phytosanitary 
inspections for exported goods.
    (b) Sense of Congress.--It is the sense of Congress that, in the 
best interest of cross-border trade and the agricultural community--
            (1) any lack of certified personnel for inspection purposes 
        at ports of entry should be addressed by seeking cooperation 
        between agencies and departments of the United States, whether 
        in the form of a memorandum of understanding or through a 
        certification process, whereby additional existing agents are 
        authorized for additional hours to facilitate and expedite the 
        flow of legitimate trade and commerce of perishable goods in a 
        manner consistent with rules of the Department of Agriculture; 
        and
            (2) cross designation should be available for personnel who 
        will assist more than one agency or department of the United 
        States at land ports of entry to facilitate and expedite the 
        flow of increased legitimate trade and commerce.

SEC. 2108. AUTHORIZATION OF APPROPRIATIONS.

    In addition to any amounts otherwise authorized to be appropriated 
for such purpose, there is authorized to be appropriated $4,250,000,000 
for each of fiscal years 2019 through 2023 to carry out this title, of 
which $250,000,000 in each such fiscal year is authorized to be made 
available to implement the biometric exit data system described in 
section 416 of the Homeland Security Act of 2002, as added by section 
2106 of this division.

SEC. 2109. DEFINITION.

    In this title, the term ``Secretary'' means the Secretary of 
Homeland Security.

    TITLE III--TRANSNATIONAL CRIMINAL ORGANIZATION ILLICIT SPOTTER 
                       PREVENTION AND ELIMINATION

SEC. 3101. SHORT TITLE.

    This title may be cited as the ``Transnational Criminal 
Organization Illicit Spotter Prevention and Elimination Act''.

SEC. 3102. ILLICIT SPOTTING.

    Section 1510 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(f) Any person who knowingly transmits, by any means, to another 
person the location, movement, or activities of any officer or agent of 
a Federal, State, local, or tribal law enforcement agency with the 
intent to further a criminal offense under the immigration laws (as 
such term is defined in section 101 of the Immigration and Nationality 
Act), the Controlled Substances Act, or the Controlled Substances 
Import and Export Act, or that relates to agriculture or monetary 
instruments shall be fined under this title or imprisoned not more than 
10 years, or both.''.

SEC. 3103. UNLAWFULLY HINDERING IMMIGRATION, BORDER, AND CUSTOMS 
              CONTROLS.

    (a) Bringing in and Harboring of Certain Aliens.--Section 274(a) of 
the Immigration and Nationality Act (8 U.S.C. 1324(a)) is amended--
            (1) in paragraph (2), by striking ``brings to or attempts 
        to'' and inserting the following: ``brings to or attempts or 
        conspires to''; and
            (2) by adding at the end the following:
            ``(5) In the case of a person who has brought aliens into 
        the United States in violation of this subsection, the sentence 
        otherwise provided for may be increased by up to 10 years if 
        that person, at the time of the offense, used or carried a 
        firearm or who, in furtherance of any such crime, possessed a 
        firearm.''.
    (b) Aiding or Assisting Certain Aliens To Enter the United 
States.--Section 277 of the Immigration and Nationality Act (8 U.S.C. 
1327) is amended--
            (1) by inserting after ``knowingly aids or assists'' the 
        following: ``or attempts to aid or assist''; and
            (2) by adding at the end the following: ``In the case of a 
        person convicted of an offense under this section, the sentence 
        otherwise provided for may be increased by up to 10 years if 
        that person, at the time of the offense, used or carried a 
        firearm or who, in furtherance of any such crime, possessed a 
        firearm.''.
    (c) Destruction of United States Border Controls.--Section 1361 of 
title 18, United States Code, is amended--
            (1) by striking ``If the damage'' and inserting the 
        following:
            ``(1) Except as otherwise provided in this section, if the 
        damage''; and
            (2) by adding at the end the following:
            ``(2) If the injury or depredation was made or attempted 
        against any fence, barrier, sensor, camera, or other physical 
        or electronic device deployed by the Federal Government to 
        control the border or a port of entry or otherwise was intended 
        to construct, excavate, or make any structure intended to 
        defeat, circumvent, or evade any such fence, barrier, sensor 
        camera, or other physical or electronic device deployed by the 
        Federal Government to control the border or a port of entry, by 
        a fine under this title or imprisonment for not more than 15 
        years, or both.
            ``(3) If the injury or depredation was described under 
        paragraph (2) and, in the commission of the offense, the 
        offender used or carried a firearm or, in furtherance of any 
        such offense, possessed a firearm, by a fine under this title 
        or imprisonment for not more than 20 years, or both.''.

                   TITLE IV--BORDER SECURITY FUNDING

SEC. 4101. BORDER SECURITY FUNDING.

    (a) Funding.--In addition to amounts otherwise made available by 
this Act or any other provision of law, there is hereby appropriated to 
the ``U.S. Customs and Border Protection--Procurement, Construction, 
and Improvements'' account, out of any amounts in the Treasury not 
otherwise appropriated, $23,400,000,000, to be available as described 
in subsections (b) and (c), of which--
            (1) $16,625,000,000 shall be for a border wall system along 
        the southern border of the United States, including physical 
        barriers and associated detection technology, roads, and 
        lighting; and
            (2) $6,775,000,000 shall be for infrastructure, assets, 
        operations, and technology to enhance border security along the 
        southern border of the United States, including--
                    (A) border security technology, including 
                surveillance technology, at and between ports of entry;
                    (B) new roads and improvements to existing roads;
                    (C) U.S. Border Patrol facilities and ports of 
                entry;
                    (D) aircraft, aircraft-based sensors and associated 
                technology, vessels, spare parts, and equipment to 
                maintain such assets;
                    (E) a biometric entry and exit system; and
                    (F) family residential centers.
    (b) Availability of Border Wall System Funds.--
            (1) In general.--Of the amount appropriated in subsection 
        (a)(1)--
                    (A) $2,241,000,000 shall become available October 
                1, 2018;
                    (B) $1,808,000,000 shall become available October 
                1, 2019;
                    (C) $1,715,000,000 shall become available October 
                1, 2020;
                    (D) $2,140,000,000 shall become available October 
                1, 2021;
                    (E) $1,735,000,000 shall become available October 
                1, 2022;
                    (F) $1,746,000,000 shall become available October 
                1, 2023;
                    (G) $1,776,000,000 shall become available October 
                1, 2024;
                    (H) $1,746,000,000 shall become available October 
                1, 2025; and
                    (I) $1,718,000,000 shall become available October 
                1, 2026.
            (2) Period of availability.--An amount made available under 
        subparagraph (A), (B), (C), (D), (E), (F), (G), (H), or (I) of 
        paragraph (1) shall remain available for five years after the 
        date specified in that subparagraph.
    (c) Availability of Border Security Investment Funds.--
            (1) In general.--Of the amount appropriated in subsection 
        (a)(2)--
                    (A) $500,000,000 shall become available October 1, 
                2018;
                    (B) $1,850,000,000 shall become available October 
                1, 2019;
                    (C) $1,950,000,000 shall become available October 
                1, 2020;
                    (D) $1,925,000,000 shall become available October 
                1, 2021; and
                    (E) $550,000,000 shall become available October 1, 
                2022.
            (2) Period of availability.--An amount made available under 
        subparagraph (A), (B), (C), (D), or (E) of paragraph (1) shall 
        remain available for five years after the date specified in 
        that subparagraph.
            (3) Transfer authority.--
                    (A) In general.--Notwithstanding any limitation on 
                transfer authority in any other provision of law and 
                subject to the notification requirement in subparagraph 
                (B), the Secretary of Homeland Security may transfer 
                any amounts made available under paragraph (1) to the 
                ``U.S. Customs and Border Protection--Operations and 
                Support'' account only to the extent necessary to carry 
                out the purposes described in subsection (a)(2).
                    (B) Notification required.--The Secretary shall 
                notify the Committees on Appropriations of the Senate 
                and the House of Representatives not later than 30 days 
                before each such transfer.
    (d) Multi-Year Spending Plan.--The Secretary of Homeland Security 
shall include in the budget justification materials submitted in 
support of the President's annual budget request for fiscal year 2020 
(as submitted under section 1105(a) of title 31, United States Code) a 
multi-year spending plan for the amounts made available under 
subsection (a).
    (e) Expenditure Plan.--Each amount that becomes available in 
accordance with subsection (b) or (c) may not be obligated until the 
date that is 30 days after the date on which the Committees on 
Appropriations of the Senate and the House of Representatives receive a 
detailed plan, prepared by the Commissioner of U.S. Customs and Border 
Protection, for the expenditure of such amount.
    (f) Quarterly Briefing Requirement.--Beginning not later than 180 
days after the date of the enactment of this Act, and quarterly 
thereafter, the Commissioner of U.S. Customs and Border Protection 
shall brief the Committees on Appropriations of the Senate and the 
House of Representatives regarding activities under and progress made 
in carrying out this section.
    (g) Rules of Construction.--Nothing in this section may be 
construed to limit the availability of funds made available by any 
other provision of law for carrying out the requirements of this Act or 
the amendments made by this Act. Any reference in this section to an 
appropriation account shall be construed to include any successor 
accounts.
    (h) Discretionary Amounts.--Notwithstanding any other provision of 
law, the amounts appropriated under subsection (a) are discretionary 
appropriations (as that term is defined in section 250(c)(7) of the 
Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
900(c)(7))).

SEC. 4102. EXCLUSION FROM PAYGO SCORECARDS.

    The budgetary effects of this Act shall not be entered on either 
PAYGO scorecard maintained pursuant to section 4(d) of the Statutory 
Pay-As-You-Go Act of 2010.
                                 <all>