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115th Congress }                                     { Rept. 115-505
                        HOUSE OF REPRESENTATIVES
 2d Session    }                                     {    Part 1

======================================================================

 
                BORDER SECURITY FOR AMERICA ACT OF 2017

                                _______
                                

                January 10, 2018.--Ordered to be printed

                                _______
                                

  Mr. McCaul, from the Committee on Homeland Security, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 3548]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 3548) to make certain improvements to the 
security of the international borders of the United States, and 
for other purposes, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  (a) Short Title.--This Act may be cited as the ``Border Security for 
America Act of 2017''.
  (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title.

                        TITLE I--BORDER SECURITY

Sec. 101. Definitions.

                Subtitle A--Infrastructure and Equipment

Sec. 111. Strengthening the requirements for barriers along the 
southern border.
Sec. 112. Air and Marine Operations flight hours.
Sec. 113. Capability deployment to specific sectors and transit zone.
Sec. 114. U.S. Border Patrol physical infrastructure improvements.
Sec. 115. U.S. Border Patrol activities.
Sec. 116. Border security technology program management.
Sec. 117. National Guard support to secure the southern border and 
reimbursement of States for deployment of the National Guard at the 
southern border.
Sec. 118. Operation Phalanx.
Sec. 119. Merida Initiative.
Sec. 120. Prohibitions on actions that impede border security on 
certain Federal land.
Sec. 121. Landowner and rancher security enhancement.
Sec. 122. Eradication of carrizo cane and salt cedar.
Sec. 123. Southern border threat analysis.
Sec. 124. Amendments to U.S. Customs and Border Protection.
Sec. 125. Agent and officer technology use.
Sec. 126. Integrated Border Enforcement Teams.
Sec. 127. Tunnel Task Forces.

                         Subtitle B--Personnel

Sec. 131. Additional U.S. Customs and Border Protection agents and 
officers.
Sec. 132. U.S. Customs and Border Protection retention incentives.
Sec. 133. Anti-Border Corruption Reauthorization Act.
Sec. 134. Training for officers and agents of U.S. Customs and Border 
Protection.

                           Subtitle C--Grants

Sec. 141. Operation Stonegarden.

              Subtitle D--Authorization of Appropriations

Sec. 151. Authorization of appropriations.

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

Sec. 201. Ports of entry infrastructure.
Sec. 202. Secure communications.
Sec. 203. Border security deployment program.
Sec. 204. Pilot and upgrade of license plate readers at ports of entry.
Sec. 205. Non-intrusive inspection operational demonstration.
Sec. 206. Biometric exit data system.
Sec. 207. Sense of Congress on cooperation between agencies.
Sec. 208. Authorization of appropriations.
Sec. 209. Definition.

                        TITLE I--BORDER SECURITY

SEC. 101. 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) Appropriate congressional committee.--The term 
        ``appropriate congressional committee'' has the meaning given 
        the term in section 2(2) of the Homeland Security Act of 2002 
        (6 U.S.C. 101(2)).
          (3) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of U.S. Customs and Border Protection.
          (4) High traffic areas.--The term ``high traffic areas'' has 
        the meaning given such term in section 102(e)(1) of the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 1996, as 
        amended by section 111 of this Act.
          (5) 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) 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)).

                Subtitle A--Infrastructure and Equipment

SEC. 111. 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 construct, install, deploy, operate, 
and maintain 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 inserting ``Physical Barriers'';
                  (B) in paragraph (1)--
                          (i) in subparagraph (A), by inserting 
                        ``situational awareness and'' before 
                        ``operational control''; and
                          (ii) by amending subparagraph (B) to read as 
                        follows:
                  ``(B) Tactical infrastructure.--
                          ``(i) In general.--Not later than January 20, 
                        2021, the Secretary of Homeland Security, in 
                        carrying out subsection (a), shall deploy along 
                        the United States border the most practical and 
                        effective tactical infrastructure available for 
                        achieving situational awareness and operational 
                        control of the border.
                          ``(ii) Exception for certain tactical 
                        infrastructure.--The deployment of tactical 
                        infrastructure under this subparagraph shall 
                        not apply in areas along the border where 
                        natural terrain features, natural barriers, or 
                        the remoteness of such area would make 
                        deployment ineffective, as determined by the 
                        Secretary, for the purposes of gaining 
                        situational awareness or operational control of 
                        such areas.''; and
                          (iii) in subparagraph (C)--
                                  (I) by amending clause (i) to read as 
                                follows:
                          ``(i) In general.--In carrying out this 
                        section, the Secretary of Homeland Security 
                        shall, before deploying tactical infrastructure 
                        in a specific area or region, consult with the 
                        Secretary of the Interior, the Secretary of 
                        Agriculture, the Governors for each State on 
                        the southern land border and northern land 
                        border, other States, local governments, Indian 
                        tribes, representatives of the U.S. Border 
                        Patrol and U.S. Customs and Border Protection, 
                        relevant Federal, State, local, and tribal 
                        agencies that have jurisdiction on the southern 
                        land border or in the maritime environment 
                        along the southern border, and private property 
                        owners in the United States to minimize the 
                        impact on the environment, culture, commerce, 
                        quality of life for the communities and 
                        residents located near the sites at which 
                        physical barriers, tactical infrastructure, and 
                        technology are to be constructed.'';
                                  (II) by redesignating clause (ii) as 
                                clause (iii); and
                                  (III) by inserting after clause (i), 
                                as amended, the following new clause:
                          ``(ii) Notification.--Not later than 60 days 
                        after the consultation required under clause 
                        (i), the Secretary of 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 tactical 
                        infrastructure and technology the Secretary has 
                        determined is most practical and effective to 
                        achieve operational control and situational 
                        awareness in a specific area and the other 
                        alternatives the Secretary considered before 
                        making such a determination.'';
                  (C) in paragraph (2)--
                          (i) by striking ``Attorney General'' and 
                        inserting ``Secretary of Homeland Security''; 
                        and
                          (ii) by striking ``construction of fences'' 
                        and inserting ``the construction of physical 
                        barriers''; and
                  (D) by amending paragraph (3) to read as follows:
          ``(3) Agent safety.--In carrying out this section, the 
        Secretary of Homeland Security, when constructing tactical 
        infrastructure, shall incorporate such safety features into the 
        design of such tactical infrastructure 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.'';
          (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 is authorized to waive 
        all legal requirements the Secretary, in the Secretary's sole 
        discretion, determines necessary to ensure the expeditious 
        construction, installation, operation, and maintenance of the 
        tactical infrastructure and technology under this section. 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) Construction, Installation, and Maintenance of Technology.--Not 
later than January 20, 2021, the Secretary of Homeland Security, in 
carrying out subsection (a), 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) 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.
          ``(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) Situational awareness defined.--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).
          ``(4) Tactical infrastructure.--The term `tactical 
        infrastructure' means--
                  ``(A) boat ramps, access gates, checkpoints, 
                lighting, and roads; and
                  ``(B) physical barriers (including fencing, border 
                wall system, and levee walls).
          ``(5) Technology defined.--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.''.

SEC. 112. 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 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 operational lead 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 coordinate with the Executive 
        Assistant Commissioner for Air and Marine Operations of U.S. 
        Customs and Border Protection to ensure the safety of other 
        aircraft flying in the vicinity of small unmanned aerial 
        vehicles operated by the U.S. Border Patrol.
          (3) Definition.--In this subsection, the term ``small 
        unmanned aerial vehicle'' means any unmanned aerial vehicle 
        operated by U.S. Customs and Border Protection weighing less 
        than 55 pounds.
          (4) 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 112 
                of the Border Security for America Act of 2017; and''.

SEC. 113. CAPABILITY DEPLOYMENT TO SPECIFIC SECTORS AND TRANSIT ZONE.

  (a) In General.--Not later than January 20, 2021, the Secretary, in 
implementing section 102 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (as amended by section 111 of this 
Act), 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) 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 January 20, 2020, 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.

SEC. 114. U.S. BORDER PATROL PHYSICAL INFRASTRUCTURE IMPROVEMENTS.

  The Secretary shall upgrade existing physical infrastructure of the 
Department of Homeland Security, and construct and acquire additional 
physical infrastructure, including--
          (1) U.S. Border Patrol stations;
          (2) U.S. Border Patrol checkpoints;
          (3) mobile command centers; and
          (4) other necessary facilities, structures, and properties.

SEC. 115. 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. 116. 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. 434. 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 2017 
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. 434. Border security technology program management.''.

  (c) Prohibition on Additional Authorization of Appropriations.--No 
additional funds are authorized to be appropriated to carry out section 
434 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. 117. NATIONAL GUARD SUPPORT TO SECURE THE SOUTHERN BORDER AND 
                    REIMBURSEMENT OF STATES FOR DEPLOYMENT OF THE 
                    NATIONAL GUARD AT THE SOUTHERN BORDER.

  (a) In General.--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, along the 
southern border for the purposes of assisting U.S. Customs and Border 
Protection to achieve situational awareness and operational control of 
the border.
  (b) Assignment of Operations and Missions.--
          (1) In general.--National Guard units and personnel deployed 
        under subsection (a) may be assigned such operations and 
        missions specified in subsection (c) as may be necessary to 
        secure the southern border.
          (2) Nature of duty.--The duty of National Guard personnel 
        performing operations and missions described in paragraph (1) 
        shall be full-time duty under title 32, United States Code.
  (c) Range of Operations and Missions.--The operations and missions 
assigned under subsection (b) shall include the temporary authority 
to--
          (1) construct reinforced fencing or other barriers;
          (2) operate ground-based surveillance systems;
          (3) operate unmanned and manned aircraft;
          (4) provide radio communications interoperability between 
        U.S. Customs and Border Protection and State, local, and tribal 
        law enforcement agencies;
          (5) construct checkpoints along the Southern border to bridge 
        the gap to long-term permanent checkpoints; and
          (6) provide intelligence support.
  (d) Materiel and Logistical Support.--The Secretary of Defense shall 
deploy such materiel, equipment, and logistical support as may be 
necessary to ensure success of the operations and missions conducted by 
the National Guard under this section.
  (e) Exclusion From National Guard Personnel Strength Limitations.--
National Guard personnel deployed under subsection (a) shall not be 
included in--
          (1) the calculation to determine compliance with limits on 
        end strength for National Guard personnel; or
          (2) limits on the number of National Guard personnel that may 
        be placed on active duty for operational support under section 
        115 of title 10, United States Code.
  (f) Reimbursement Required.--
          (1) In general.--The Secretary of Defense shall reimburse 
        States for the cost of the deployment of any units or personnel 
        of the National Guard to perform operations and missions in 
        full-time State Active Duty in support of a southern border 
        mission. The Secretary of Defense may not seek reimbursement 
        from the Secretary for any reimbursements paid to States for 
        the costs of such deployments.
          (2) Limitation.--The total amount of reimbursements under 
        this section may not exceed $35,000,000 for any fiscal year.

SEC. 118. OPERATION PHALANX.

  (a) In General.--The Secretary of Defense, with the concurrence of 
the Secretary, shall provide assistance to U.S. Customs and Border 
Protection for purposes of increasing ongoing efforts to secure the 
southern border.
  (b) Types of Assistance Authorized.--The assistance provided under 
subsection (a) may include--
          (1) deployment of manned aircraft, unmanned aerial 
        surveillance systems, and ground-based surveillance systems to 
        support continuous surveillance of the southern border; and
          (2) 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) Authorization of Appropriations.--There are authorized to be 
appropriated for the Department of Defense $75,000,000 to provide 
assistance under this section. The Secretary of Defense may not seek 
reimbursement from the Secretary for any assistance provided under this 
section.
  (e) Reports.--
          (1) In general.--Not later than 90 days after the date of the 
        enactment of this Act and annually thereafter, the Secretary of 
        Defense shall submit a report to the appropriate congressional 
        defense committees (as defined in section 101(a)(16) of title 
        10, United States Code) regarding any assistance provided under 
        subsection (a) during the period specified in paragraph (3).
          (2) Elements.--Each report under paragraph (1) shall include, 
        for the period specified in paragraph (3), a description of--
                  (A) the assistance provided;
                  (B) the sources and amounts of funds used to provide 
                such assistance; and
                  (C) the amounts obligated to provide such assistance.
          (3) Period specified.--The period specified in this paragraph 
        is--
                  (A) in the case of the first report required under 
                paragraph (1), the 90-day period beginning on the date 
                of the enactment of this Act; and
                  (B) in the case of any subsequent report submitted 
                under paragraph (1), the calendar year for which the 
                report is submitted.

SEC. 119. MERIDA INITIATIVE.

  (a) Sense of Congress.--It is the sense of Congress that assistance 
to Mexico, including assistance from the Department of State and the 
Department of Defense and any aid related to the Merida Initiative 
should--
          (1) focus on providing enhanced border security at Mexico's 
        northern and southern borders, judicial reform, and support for 
        Mexico's anti-drug efforts; and
          (2) return to its original focus and prioritize security, 
        training, and acquisition of equipment for Mexican security 
        forces involved in anti-drug efforts as well as be used to 
        train prosecutors in ongoing justice reform efforts.
  (b) Assistance for Mexico.--The Secretary of State, in coordination 
with the Secretary and the Secretary of Defense, shall provide level 
and consistent assistance to Mexico to--
          (1) combat drug production and trafficking and related 
        violence, transnational organized criminal organizations, and 
        corruption;
          (2) build a secure, modern border security system capable of 
        preventing illegal migration;
          (3) support border security and cooperation with United 
        States military, intelligence, and law enforcement agencies on 
        border incursions;
          (4) support judicial reform, institution building, and rule 
        of law activities to build judicial capacity, address 
        corruption and impunity, and support human rights; and
          (5) provide for training and equipment for Mexican security 
        forces involved in efforts to eradicate and interdict drugs.
  (c) Allocation of Funds; Report.--
          (1) In general.--Notwithstanding any other provision of law, 
        50 percent of any assistance appropriated in any appropriations 
        Act to implement this section shall be withheld until after the 
        Secretary of State submits a written report to the 
        congressional committees specified in paragraph (3) certifying 
        that the Government of Mexico is--
                  (A) significantly reducing illegal migration, drug 
                trafficking, and cross-border criminal activities on 
                Mexico's northern and southern borders;
                  (B) taking significant action to address corruption, 
                impunity, and human rights abuses; and
                  (C) improving the transparency and accountability of 
                Mexican Federal police forces and working with Mexican 
                State and municipal authorities to improve the 
                transparency and accountability of Mexican State and 
                municipal police forces.
          (2) Matters to include.--The report required under paragraph 
        (1) shall include a description of--
                  (A) actions taken by the Government of Mexico to 
                address the matters described in such paragraph;
                  (B) any relevant assessments by civil society and 
                non-government organizations in Mexico relating to such 
                matters; and
                  (C) any instances in which the Secretary determines 
                that the actions taken by the Government of Mexico are 
                inadequate to address such matters.
          (3) Congressional committees specified.--The congressional 
        committees specified in this paragraph are--
                  (A) the Committee on Appropriations of the Senate;
                  (B) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                  (C) the Committee on the Judiciary of the Senate;
                  (D) the Committee on Foreign Relations of the Senate;
                  (E) the Committee on Appropriations of the House of 
                Representatives;
                  (F) the Committee on Homeland Security of the House 
                of Representatives;
                  (G) the Committee on the Judiciary of the House of 
                Representatives; and
                  (H) the Committee on Foreign Affairs of the House of 
                Representatives.
  (d) Notifications.--Any assistance made available by the Secretary of 
State under this section shall be subject to--
          (1) the notification procedures set forth in section 634A of 
        the Foreign Assistance Act of 1961 (22 U.S.C. 2394-1); and
          (2) the notification requirements of--
                  (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                  (B) the Committee on the Judiciary of the Senate;
                  (C) the Committee on Foreign Relations of the Senate;
                  (D) the Committee on Homeland Security of the House 
                of Representatives;
                  (E) the Committee on the Judiciary of the House of 
                Representatives; and
                  (F) the Committee on Foreign Affairs in the House of 
                Representatives.
  (e) Spending Plan.--
          (1) In general.--Not later than 45 days after the date of the 
        enactment of this Act, the Secretary of State shall submit to 
        the congressional committees specified in paragraph (2) a 
        detailed spending plan for assistance to Mexico under this 
        section, which shall include a strategy, developed after 
        consulting with relevant authorities of the Government of 
        Mexico, for--
                  (A) combating drug trafficking and related violence 
                and organized crime; and
                  (B) anti-corruption and rule of law activities, which 
                shall include concrete goals, actions to be taken, 
                budget proposals, and a description of anticipated 
                results.
          (2) Congressional committees specified.--The congressional 
        committees specified in this paragraph are--
                  (A) the Committee on Appropriations of the Senate;
                  (B) the Committee on Foreign Relations of the Senate;
                  (C) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                  (D) the Committee on the Judiciary of the Senate;
                  (E) the Committee on Appropriations of the House of 
                Representatives;
                  (F) the Committee on Foreign Affairs of the House of 
                Representatives;
                  (G) the Committee on Homeland Security of the House 
                of Representatives; and
                  (H) the Committee on the Judiciary of the House of 
                Representatives.

SEC. 120. 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 shall not impede, 
        prohibit, or restrict activities of U.S. Customs and Border 
        Protection on covered Federal land to execute search and rescue 
        operations or to prevent all unlawful entries into the United 
        States, including entries by terrorists, other unlawful aliens, 
        instruments of terrorism, narcotics, and other contraband 
        through the southern border or the northern border.
          (2) Applicability.--The authority of U.S. Customs and Border 
        Protection to conduct activities described in paragraph (1) 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, other 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) The use of motorized vehicles, foot patrols, and 
                horseback to patrol the border area, apprehend illegal 
                entrants, and rescue individuals; and
                  (B) the construction, installation, operation and 
                maintenance of tactical infrastructure and border 
                technology described in section 102 of the Illegal 
                Immigration Reform and Immigrant Responsibility Act of 
                1996 (as amended by section 111 of this Act).
  (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 Religious Freedom Restoration Act (42 U.S.C. 
                2000bb).
                  (II) The National Forest Management Act of 1976 (16 
                U.S.C. 1600 et seq.).
                  (JJ) The Multiple Use and Sustained Yield Act of 1960 
                (16 U.S.C. 528 et seq.).
          (3) Applicability of waiver to successor laws.--If a 
        provision of law specified in paragraph (2) was repealed and 
        incorporated into title 54, United States Code, after April 1, 
        2008, and before 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 of U.S. Customs and Border Protection and a 
National Park Unit before, on, or after 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. 121. 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. 122. ERADICATION OF CARRIZO CANE AND SALT CEDAR.

  Not later than January 20, 2021, 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.

SEC. 123. 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, 2018, and every five years thereafter, the Secretary, 
        acting through the Chief of the U.S. Border Patrol, shall issue 
        a Border Patrol Strategic Plan.
          (2) Contents.--The Border Patrol Strategic Plan required 
        under this subsection shall include a consideration of--
                  (A) the Southern border threat analysis 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. 124. 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 (17), by striking ``and'' after the 
        semicolon at the end;
          (2) by redesignating paragraph (18) as paragraph (20); and
          (3) by inserting after paragraph (17) the following new 
        paragraphs:
          ``(18) administer the U.S. Customs and Border Protection 
        public private partnerships under subtitle G;
          ``(19) 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.''.

SEC. 125. 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 111 of this 
Act) and section 113 of this Act, 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. 126. 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 116 of this Act, 
is further amended by adding at the end the following new section:

``SEC. 435. 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.
  ``(g) Report.--Not later than 180 days after the date on which an 
IBET is established and biannually thereafter for the following six 
years, the Secretary shall submit to the appropriate congressional 
committees, including 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 434 the following new item:

``Sec. 435. Integrated Border Enforcement Teams.''.

SEC. 127. TUNNEL TASK FORCES.

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

                         Subtitle B--Personnel

SEC. 131. ADDITIONAL U.S. CUSTOMS AND BORDER PROTECTION AGENTS AND 
                    OFFICERS.

  (a) Border Patrol Agents.--Not later than September 30, 2021, the 
Commissioner of U.S. Customs and Border Protection 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, 2021--
          (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, 2021, 
the Commissioner of U.S. Customs and Border Protection 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, 2021, 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, 2021, 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) Funding limitation.--Of the amounts authorized to be 
        appropriated for U.S. Customs and Border Protection under this 
        Act, not more than one percent may be used for the purchase of 
        additional horses, the construction of new stables, maintenance 
        and improvements of existing stables, and for feed, medicine, 
        and other resources needed to maintain the health and well-
        being of the horses that serve in the horseback units.
  (f) U.S. Customs and Border Protection Search Trauma and Rescue 
Teams.--Not later than September 30, 2021, 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, 2021, 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, 2021, 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, 2021, 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) GAO Report.--If the staffing levels required under this section 
are not achieved by September 30, 2021, the Comptroller General of the 
United States shall conduct a review of the reasons why such levels 
were not achieved.

SEC. 132. U.S. CUSTOMS AND BORDER PROTECTION RETENTION INCENTIVES.

  (a) Definitions.--In this section:
          (1) Covered area.--The term ``covered area'' means a 
        geographic area that the Secretary determines is in a remote 
        location or is an area for which it is difficult to find full-
        time permanent covered CBP employees, as compared to other 
        ports of entry or Border Patrol sectors.
          (2) Covered cbp employee.--The term ``covered CBP employee'' 
        means an employee of U.S. Customs and Border Protection 
        performing activities that are critical to border security or 
        customs enforcement, as determined by the Commissioner.
          (3) Rate of basic pay.--The term ``rate of basic pay''--
                  (A) means the rate of pay fixed by law or 
                administrative action for the position to which an 
                employee is appointed before deductions and including 
                any special rate under subpart C of part 530 of title 
                5, Code of Federal Regulations, or similar payment 
                under other legal authority, and any locality-based 
                comparability payment under subpart F of part 531 of 
                title 5, Code of Federal Regulations, or similar 
                payment under other legal authority, but excluding 
                additional pay of any other kind; and
                  (B) does not include additional pay, such as night 
                shift differentials under section 5343(f) of title 5, 
                United States Code, or environmental differentials 
                under section 5343(c)(4) of such title.
          (4) Special rate of pay.--The term ``special rate of pay'' 
        means a higher than normal rate of pay that exceeds the 
        otherwise applicable rate of basic pay for a similar covered 
        CBP employee at a land port of entry.
  (b) Hiring Incentives.--
          (1) In general.--To the extent necessary for U.S. Customs and 
        Border Protection to hire, train, and deploy qualified officers 
        and employees, and to the extent necessary to meet the 
        requirements set forth in section 131, the Commissioner, with 
        the approval of the Secretary, may pay a hiring bonus of 
        $10,000 to a covered CBP employee, after the covered CBP 
        completes initial basic training and executes a written 
        agreement required under paragraph (2).
          (2) Written agreement.--The payment of a hiring bonus to a 
        covered CBP employee under paragraph (1) is contingent upon the 
        covered CBP employee entering into a written agreement with 
        U.S. Customs and Border Protection to complete more than two 
        years of employment with U.S. Customs and Border Protection 
        beginning on the date on which the agreement is signed. Such 
        agreement shall include--
                  (A) the amount of the hiring bonus;
                  (B) the conditions under which the agreement may be 
                terminated before the required period of service is 
                completed and the effect of such termination;
                  (C) the length of the required service period; and
                  (D) any other terms and conditions under which the 
                hiring bonus is payable, subject to the requirements 
                under this section.
          (3) Form of payment.--A signing bonus paid to a covered CBP 
        employee under paragraph (1) shall be paid in a single payment 
        after the covered CBP employee completes initial basic training 
        and enters on duty and executed the agreement under paragraph 
        (2).
          (4) Exclusion of signing bonus from rate of pay.--A signing 
        bonus paid to a covered CBP employee under paragraph (1) shall 
        not be considered part of the rate of basic pay of the covered 
        CBP employee for any purpose.
          (5) Effective date and sunset.--This subsection shall take 
        effect on the date of the enactment of this Act and shall 
        remain in effect until the earlier of--
                  (A) September 30, 2019; or
                  (B) the date on which U.S. Customs and Border 
                Protection has 26,370 full-time equivalent agents.
  (c) Retention Incentives.--
          (1) In general.--To the extent necessary for U.S. Customs and 
        Border Protection to retain qualified employees, and to the 
        extent necessary to meet the requirements set forth in section 
        131, the Commissioner, with the approval of the Secretary, may 
        pay a retention incentive to a covered CBP employee who has 
        been employed with U.S. Customs and Border Protection for a 
        period of longer than two consecutive years, and the 
        Commissioner determines that, in the absence of the retention 
        incentive, the covered CBP employee would likely--
                  (A) leave the Federal service; or
                  (B) transfer to, or be hired into, a different 
                position within the Department (other than another 
                position in CBP).
          (2) Written agreement.--The payment of a retention incentive 
        to a covered CBP employee under paragraph (1) is contingent 
        upon the covered CBP employee entering into a written agreement 
        with U.S. Customs and Border Protection to complete more than 
        two years of employment with U.S. Customs and Border Protection 
        beginning on the date on which the CBP employee enters on duty 
        and the agreement is signed. Such agreement shall include--
                  (A) the amount of the retention incentive;
                  (B) the conditions under which the agreement may be 
                terminated before the required period of service is 
                completed and the effect of such termination;
                  (C) the length of the required service period; and
                  (D) any other terms and conditions under which the 
                retention incentive is payable, subject to the 
                requirements under this section.
          (3) Criteria.--When determining the amount of a retention 
        incentive paid to a covered CBP employee under paragraph (1), 
        the Commissioner shall consider--
                  (A) the length of the Federal service and experience 
                of the covered CBP employee;
                  (B) the salaries for law enforcement officers in 
                other Federal agencies; and
                  (C) the costs of replacing the covered CBP employee, 
                including the costs of training a new employee.
          (4) Amount of retention incentive.--A retention incentive 
        paid to a covered CBP employee under paragraph (1)--
                  (A) shall be approved by the Secretary and the 
                Commissioner;
                  (B) shall be stated as a percentage of the employee's 
                rate of basic pay for the service period associated 
                with the incentive; and
                  (C) may not exceed $25,000 for each year of the 
                written agreement.
          (5) Form of payment.--A retention incentive paid to a covered 
        CBP employee under paragraph (1) shall be paid as a single 
        payment at the end of the fiscal year in which the covered CBP 
        employee entered into an agreement under paragraph (2), or in 
        equal installments during the life of the service agreement, as 
        determined by the Commissioner.
          (6) Exclusion of retention incentive from rate of pay.--A 
        retention incentive paid to a covered CBP employee under 
        paragraph (1) shall not be considered part of the rate of basic 
        pay of the covered CBP employee for any purpose.
  (d) Pilot Program on Special Rates of Pay in Covered Areas.--
          (1) In general.--The Commissioner may establish a pilot 
        program to assess the feasibility and advisability of using 
        special rates of pay for covered CBP employees in covered 
        areas, as designated on the date of the enactment of this Act, 
        to help meet the requirements set forth in section 131.
          (2) Maximum amount.--The rate of basic pay of a covered CBP 
        employee paid a special rate of pay under the pilot program may 
        not exceed 125 percent of the otherwise applicable rate of 
        basic pay of the covered CBP employee.
          (3) Termination.--
                  (A) In general.--Except as provided in subparagraph 
                (B), the pilot program shall terminate on the date that 
                is two years after the date of the enactment of this 
                Act.
                  (B) Extension.--If the Secretary determines that the 
                pilot program is performing satisfactorily and there 
                are metrics that prove its success in meeting the 
                requirements set forth in section 131, the Secretary 
                may extend the pilot program until the date that is 
                four years after the date of the enactment of this Act.
          (4) Report to congress.--Shortly after the pilot program 
        terminates under paragraph (3), the Commissioner shall submit a 
        report 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 the Committee on the Judiciary of the 
        House of Representatives that details--
                  (A) the total amount paid to covered CBP employees 
                under the pilot program; and
                  (B) the covered areas in which the pilot program was 
                implemented.
  (e) Salaries.--
          (1) In general.--Section 101(b) of the Enhanced Border 
        Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1711(b)) 
        is amended to read as follows:
  ``(b) Authorization of Appropriations for CBP Employees.--There are 
authorized to be appropriated to U.S. Customs and Border Protection 
such sums as may be necessary to increase, effective January 1, 2018, 
the annual rate of basic pay for U.S. Customs and Border Protection 
employees who have completed at least one year of service--
          ``(1) to the annual rate of basic pay payable for positions 
        at GS-12, step 1 of the General Schedule under subchapter III 
        of chapter 53 of title 5, United States Code, for officers and 
        agents who are receiving the annual rate of basic pay payable 
        for a position at GS-5, GS-6, GS-7, GS-8, or GS-9 of the 
        General Schedule;
          ``(2) to the annual rate of basic pay payable for positions 
        at GS-12, step 10 of the General Schedule under such subchapter 
        for supervisory CBP officers and supervisory agents who are 
        receiving the annual rate of pay payable for a position at GS-
        10 of the General Schedule;
          ``(3) to the annual rate of basic pay payable for positions 
        at GS-14, step 1 of the General Schedule under such subchapter 
        for supervisory CBP officers and supervisory agents who are 
        receiving the annual rate of pay payable for a position at GS-
        11 of the General Schedule;
          ``(4) to the annual rate of basic pay payable for positions 
        at GS-12, step 10 of the General Schedule under such subchapter 
        for supervisory CBP officers and supervisory Border Patrol 
        agents who are receiving the annual rate of pay payable for a 
        position at GS-12 or GS-13 of the General Schedule; and
          ``(5) to the annual rate of basic pay payable for positions 
        at GS-8, GS-9, or GS-10 of the General Schedule for assistants 
        who are receiving an annual rate of pay payable for positions 
        at GS-5, GS-6, or GS-7 of the General Schedule, 
        respectively.''.
          (2) Hardship duty pay.--In addition to compensation to which 
        Border Patrol agents are otherwise entitled, Border Patrol 
        agents who are assigned to rural areas shall be entitled to 
        receive hardship duty pay, in lieu of a retention incentive 
        under subsection (b), in an amount determined by the 
        Commissioner, which may not exceed the rate of special pay to 
        which members of a uniformed service are entitled under section 
        310 of title 37, United States Code.
          (3) Overtime limitation.--Section 5(c)(1) of the Act of 
        February 13, 1911 (19 U.S.C. 267(c)(1)) is amended by striking 
        ``$25,000'' and inserting ``$45,000''.

SEC. 133. ANTI-BORDER CORRUPTION REAUTHORIZATION ACT.

  (a) Short Title.--This section may be cited as the ``Anti-Border 
Corruption Reauthorization Act of 2017''.
  (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 2017.''.
  (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, 2021, 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. 134. 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 and continuing education.--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 of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs 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. 141. 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 2017 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 the fiscal years 2018 through 2022, 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 the fiscal years 2018 through 
2022 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.''.

              Subtitle D--Authorization of Appropriations

SEC. 151. AUTHORIZATION OF APPROPRIATIONS.

  In addition to amounts otherwise authorized to be appropriated, there 
are authorized to be appropriated for each of the fiscal years 2018 
through 2021, $2,500,000,000 to implement this title and the amendments 
made by this title, of which--
          (1) $10,000,000 shall be used by the Department of Homeland 
        Security to implement Vehicle and Dismount Exploitation Radars 
        (VADER) in border security operations;
          (2) $200,000,000 shall be used by the Department of State to 
        implement section 119; and
          (3) $200,000,000 shall be used by the United States Coast 
        Guard to implement paragraph (18) of section 113(a).

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

SEC. 201. PORTS OF ENTRY INFRASTRUCTURE.

  (a) Additional Ports of Entry.--
          (1) Authority.--The Secretary may construct new ports of 
        entry along the northern border and southern border and 
        determine the location of any such new ports of entry.
          (2) Consultation.--
                  (A) Requirement to consult.--The Secretary shall 
                consult with the Secretary of State, the Secretary of 
                the Interior, the Secretary of Agriculture, the 
                Secretary of Transportation, the Administrator of 
                General Services, and appropriate representatives of 
                State and local governments, and Indian tribes, and 
                property owners in the United States prior to selecting 
                a location for any new port constructed pursuant to 
                paragraph (1).
                  (B) Considerations.--The purpose of the consultations 
                required by subparagraph (A) shall be to minimize any 
                negative impacts of such a new port 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-volume Southern Border Ports 
of Entry.--Not later than September 30, 2021, the Secretary shall 
expand or modernize the primary and secondary inspection lanes for 
vehicle, cargo, and pedestrian inbound and outbound inspection lanes at 
ports of entry on the southern border, as determined by the Secretary, 
for the purposes of reducing wait times and enhancing security, as 
determined by the Secretary.
  (c) Port of Entry Prioritization.--Prior to constructing any new 
ports of entry pursuant to subsection (a), the Secretary 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 shall 
        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, and the 
        Committee on the Judiciary of the Senate, and the Committee on 
        Homeland Security, the Committee on Ways and Means, 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 
        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 high volume.--Not later than 180 days after 
        enactment of this Act, the Secretary shall notify the Committee 
        on Homeland Security and Governmental Affairs, the Committee on 
        Finance, and the Committee on the Judiciary of the Senate, and 
        the Committee on Homeland Security, the Committee on Ways and 
        Means, and the Committee on the Judiciary of the House of 
        Representatives of the top ten high-volume ports of entry on 
        the southern border pursuant to subsection (b) and the 
        Secretary's plan for expanding or modernizing the primary and 
        secondary inspection lanes at each such port of entry.

SEC. 202. 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 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) Land Border Agents and Officers.--The Secretary shall ensure that 
each U.S. Customs and Border Protection 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.

SEC. 203. BORDER SECURITY DEPLOYMENT PROGRAM.

  (a) Expansion.--Not later than September 30, 2021, 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 year 2018 to carry 
out subsection (a).

SEC. 204. PILOT AND UPGRADE OF LICENSE PLATE READERS AT PORTS OF ENTRY.

  (a) Upgrade.--Not later than one year after the date of the enactment 
of this Act, the Commissioner of U.S. Customs and Border Protection 
shall upgrade all existing license plate readers 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 of U.S. Customs and Border 
Protection 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 year 2018 to 
carry out subsection (a).

SEC. 205. NON-INTRUSIVE 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 non-intrusive 
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. 206. 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 
417 the following new section:

``SEC. 418. 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 Act 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; and
                  ``(I) a consideration of how other countries have 
                implemented a biometric exit data system; 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 for non-pedestrian 
        outbound traffic.--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 for non-pedestrian outbound 
        traffic.--
                  ``(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, and such system shall apply only in the case of 
                non-pedestrian outbound traffic.
                  ``(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.
          ``(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.
          ``(4) At land ports of entry for pedestrians.--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, and such 
        system shall apply only in the case of pedestrians.
  ``(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 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.
  ``(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 U.S. 
Customs and Border Protection by the Canadian Border Services Agency 
pursuant to the 2011 Beyond the Border agreement.
  ``(k) Fair and Open Competition.--The Secretary shall procure goods 
and services to implement this section via fair and open competition in 
accordance with the Federal Acquisition Regulations.
  ``(l) Other Biometric Initiatives.--The Secretary may pursue 
biometric initiatives at air, land, and sea ports of entry for the 
purposes of border security and trade facilitation distinct from the 
biometric exit data system described 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 417 the following new item:

``Sec. 418. Biometric entry-exit.''.

SEC. 207. 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 the crossing and 
        trade 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 at land ports of 
        entry to facilitate increased trade and commerce.

SEC. 208. AUTHORIZATION OF APPROPRIATIONS.

  In addition to any amounts otherwise authorized to be appropriated 
for such purpose, there is authorized to be appropriated $1,250,000,000 
for each of fiscal years 2018 through 2021 to carry out this title, of 
which--
          (1) $2,000,000 shall be used by the Secretary for hiring 
        additional Uniform Management Center support personnel, 
        purchasing uniforms for CBP officers and agents, acquiring 
        additional motor vehicles to support vehicle mounted 
        surveillance systems, hiring additional motor vehicle program 
        support personnel, and for contract support for customer 
        service, vendor management, and operations management; and
          (2) $250,000,000 per year shall be used to implement the 
        biometric exit data system described in section 418 of the 
        Homeland Security Act of 2002, as added by section 206 of this 
        Act.

SEC. 209. DEFINITION.

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

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................    29
Background and Need for Legislation..............................    30
Hearings.........................................................    31
Committee Consideration..........................................    35
Committee Votes..................................................    39
Committee Oversight Findings.....................................    50
New Budget Authority, Entitlement Authority, and Tax Expenditures    50
Congressional Budget Office Estimate.............................    50
Statement of General Performance Goals and Objectives............    51
Duplicative Federal Programs.....................................    51
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................    51
Federal Mandates Statement.......................................    51
Preemption Clarification.........................................    51
Disclosure of Directed Rule Makings..............................    51
Advisory Committee Statement.....................................    52
Applicability to Legislative Branch..............................    52
Section-by-Section Analysis of the Legislation...................    52
Changes in Existing Law Made by the Bill, as Reported............    61
Committee Correspondence.........................................    95
Dissenting Views.................................................   102

                          Purpose and Summary

    The security of our Nation hinges on how effectively our 
government controls who and what enters the country both at, 
and between, the official ports of entry. The Department of 
Homeland Security (DHS) is charged with the important mission 
to secure the Nation's borders and ports of entry against a 
wide array of domestic threats. A porous border is a conduit 
for transnational criminal organizations, smugglers and human 
traffickers, and a vulnerability that terrorists may exploit. 
Supporting and overseeing the Department of Homeland Security's 
efforts to secure the Nation's borders is a principal 
responsibility of the House Committee on Homeland Security.
    Earlier this year, the number of apprehensions at the 
southern border fell to 17-year lows. However, it now appears 
that precipitous decline was only a temporary pause in illegal 
migration, making the need to find a permanent border security 
solution all the more urgent. The Committee maintains that 
operational control of our borders must be achieved through 
smart deployments of infrastructure, technology, and personnel.
    H.R. 3548 provides $10 billion for the deployment and 
construction of tactical infrastructure and technology to the 
southern and northern border to achieve operational control and 
situational awareness. It also specifically authorizes the 
construction of wall, levee wall, and other barriers along the 
southern border in a manner the Secretary of Homeland Security 
deems ``most practical and effective.''
    Terrain features and threats along the border vary widely. 
As a result, a ``one-size-fits-all'' solution will fail at 
achieving operational control and situational awareness along 
the southern border. Therefore, this legislation mandates a 
sector-by-sector technology capability deployment tailored to 
the specific threats and needs of each Border Patrol sector. 
The Committee is cognizant of the changing nature of the threat 
landscape along the border and was purposeful in its grant of 
tactical flexibility to the Secretary of Homeland Security, 
should the required deployment of technology outlined in the 
bill need to be altered.
    Frontline officers and agents are the most important border 
security resource at the Nation's disposal. Tactical 
infrastructure and technology are powerful force multipliers, 
but the goal of border security is, and will always be, 
successful apprehension or interdiction. For this reason, this 
bill authorizes an additional 5,000 Border Patrol Agents and 
5,000 Customs and Border Protection Officers. Hiring and 
retention have been serious challenges for this Department, so 
this bill also streamlines the way that veterans of the United 
States Armed Forces, and existing law enforcement officers can 
be hired in an attempt to help the agency meet these lofty 
personnel goals.
    While much of the narrative that surrounds border security 
is rightly focused on efforts to secure the southern border, 
last year there were almost twice as many individuals present 
in the United States on an expired visa as those apprehended 
crossing the border. While the law has been clear since 2004 
that DHS is required to complete a biometric exit system, a 
lack of a definitive timeline and benchmarks for success have 
allowed Administrations of both parties to avoid compliance 
with the law. Taking a ``crawl, walk, run'' approach, this bill 
remedies those challenges and mandates full deployment of an 
exit system at all air, land, and sea ports of entry with 
timelines and benchmarks to finally make this 9/11 Commission 
recommendation a reality.

                  Background and Need for Legislation

    While the number of people illegally crossing the border 
temporarily dropped earlier this year, the threat posed by 
foreign drug cartels and transnational criminal organizations 
remains extraordinarily high. Over the years, Congress has 
appropriated billions of dollars to strengthen border security, 
through new investments in personnel, technology, and 
infrastructure, but the border is not measurably more secure 
that it was several years ago.
    Rather than continue the flawed approaches of the past, 
this bill provides DHS with a specific guide to secure the 
border. This multi-layered approach is designed to deter, 
detect, and help interdict illegal cross-border activity at the 
earliest possible point. This bill clearly and effectively 
communicates a message: the United States will not tolerate 
illicit activity at our borders and ports of entry.

                                Hearings

    No hearings were held on H.R. 3548 in the 115th Congress. 
However the Committee held the following oversight hearings 
which informed the legislation:
    114th Congress
    On April 22, 2015, the Subcommittee on Oversight and 
Management Efficiency held a hearing entitled ``Acquisition 
Oversight: How Effectively Is DHS Safeguarding Taxpayer 
Dollars?'' The Subcommittee received testimony from Ms. Michele 
Mackin, Director, Acquisition and Sourcing Management, U.S. 
Government Accountability Office; Hon. Chip Fulghum, Chief 
Financial Officer, U.S. Department of Homeland Security; and 
Dr. Cedric Sims, Partner, Evermay Consulting Group.
    On June 2, 2015, the Subcommittee on Border and Maritime 
Security held a hearing entitled ``The Outer Ring of Border 
Security: DHS's International Security Programs.'' The 
Subcommittee received testimony from Hon. Alan D. Bersin, 
Assistant Secretary and Chief Diplomatic Officer, Office of 
Policy, U.S. Department of Homeland Security; Mr. John Wagner, 
Deputy Assistant Commissioner, Office of Field Operations, U.S. 
Customs and Border Protection, U.S. Department of Homeland 
Security; Mr. Lev J. Kubiak, Assistant Director, International 
Operations, Homeland Security Investigations, U.S. Immigration 
and Customs Enforcement, U.S. Department of Homeland Security; 
and Ms. Rebecca Gambler, Director, Homeland Security and 
Justice Issues, U.S. Government Accountability Office.
    On June 10, 2015, the Subcommittee on Emergency 
Preparedness, Response, and Communications held a hearing 
entitled ``Defense Support of Civil Authorities: A Vital 
Resource in the Nation's Homeland Security Missions.'' The 
Subcommittee received testimony from Mr. Robert H. Fenton, Jr., 
Deputy Associate Administrator, Office of Response and 
Recovery, Federal Emergency Management Agency, U.S. Department 
of Homeland Security; Mr. Robert G. Salesses, Deputy Assistant 
Secretary, Homeland Defense Integration and Defense Support of 
Civil Authorities, U.S. Department of Defense; Brg. Gen. Joseph 
E. Whitlock, Deputy Director, Western Hemisphere, Strategic 
Plans and Policy Directorate (J5), Joint Staff, U.S. Department 
of Defense; Joseph W. Kirschbaum, Ph.D., Director, Defense 
Capabilities and Management, U.S. Government Accountability 
Office; Maj. Gen. Michael T. McGuire, Adjutant General, 
Department of Emergency and Military Affairs, State of Arizona; 
Mr. Jimmy J. Gianato, Director, Division of Homeland Security 
and Emergency Management, State of West Virginia, testifying on 
behalf of the National Emergency Management Association; and 
Mr. Peter Gaynor, Director, Emergency Management Office, State 
of Rhode Island.
    On July 14, 2015, the Subcommittee on Border and Maritime 
Security held a hearing entitled ``Securing the Maritime 
Border: The future of the CBP Air and Marine.'' The 
Subcommittee received testimony from Mr. Randolph D. Alles, 
Assistant Commissioner, Office of Air and Marine, U.S. Customs 
and Border Protection, U.S. Department of Homeland Security; 
and Hon. John Roth, Inspector General, Office of Inspector 
General, U.S. Department of Homeland Security.
    On November 4, 2015, the Subcommittee on Border and 
Maritime Security held a hearing entitled ``A New Approach to 
Increase Trade and Security: An Examination of CBP's Public 
Private Partnerships.'' The Subcommittee received testimony 
from Mr. John Wagner, Deputy Assistant Commissioner, Office of 
Field Operations, U.S. Customs and Border Protection, U.S. 
Department of Homeland Security; Hon. Michael Gelber, Deputy 
Commissioner, Public Buildings Service, U.S. General Services 
Administration; Mr. Sam F. Vale, President, Starr-Camargo 
Bridge Company; and Mr. David A. Garcia, County Administrator, 
Cameron County, Texas.
    On March 1, 2016, the Subcommittee on Border and Maritime 
Security held a hearing entitled ``Transparency, Trust and 
Verification: Measuring Effectiveness and Situational Awareness 
along the Border.'' The Subcommittee received testimony from 
Mr. Ronald D. Vitiello, Acting Chief, U.S. Border Patrol, U.S. 
Department of Homeland Security; Maj. Gen. Randolph D. ``Tex'' 
Alles (Ret.-USMC), Assistant Commissioner, U.S. Customs and 
Border Protection, U.S. Department of Homeland Security; and 
Ms. Rebecca Gambler, Director, Homeland Security and Justice 
Issues, U.S. Government Accountability Office.
    On April 19, 2016, the Subcommittee on Border and Maritime 
Security held a hearing entitled ``Keeping Pace with Trade, 
Travel, and Security: How does CBP Prioritize and Improve 
Staffing and Infrastructure?'' The Subcommittee received 
testimony from Mr. Eugene Schied, Acting Executive Assistant 
Commissioner, Office of Enterprise Services, U.S. Customs and 
Border Protection, U.S. Department of Homeland Security; Ms. 
Linda Jacksta, Assistant Commissioner, Office of Human 
Resources Management, U.S. Customs and Border Protection, U.S. 
Department of Homeland Security; Mr. John P. Wagner, Deputy 
Assistant Commissioner, Office of Field Operations, U.S. 
Customs and Border Protection, U.S. Department of Homeland 
Security; Mr. Michael Gelber, Deputy Commissioner, Public 
Buildings Service, U.S. General Services Administration; and 
Mr. Anthony Reardon, National President, National Treasury 
Employees Union.
    On May 9, 2016, the Subcommittee on Border and Maritime 
Security held a field hearing in Sahuarita, Arizona, entitled 
``Life on the Border: Examining Border Security through the 
Eyes of Local Residents and Law Enforcement.'' The Subcommittee 
received testimony from Hon. Mark Dannels, Sheriff, Cochise 
County, Arizona; Hon. Danny Ortega, Mayor, Douglas, Arizona; 
Mr. Art Del Cueto, President, Local 2544, National Border 
Patrol Council; Mr. Dan Bell, President, ZZ Cattle Corporation; 
Mr. Mark S. Adams, Coordinator, Frontera De Cristo; Mr. Jaime 
S. Chamberlain, President, J-C Distributing Inc.; Ms. Nan 
Stockholm-Walden, Vice President and Legal Counsel, Farmers 
Investment Co. (FICO); and Mr. Frank Krentz, Rancher.
    On May 24, 2016, the Subcommittee on Border and Maritime 
Security held a hearing entitled ``Border Security Gadgets, 
Gizmos, and Information: Using Technology to Increase 
Situational Awareness and Operational Control.'' The 
Subcommittee received testimony from Mr. Ronald Vitiello, 
Acting Chief, U.S. Border Patrol, U.S. Department of Homeland 
Security; Maj. Gen. Randolph D. ``Tex'' Alles (Ret.-USMC), 
Executive Assistant Commissioner, Office of Air and Marine 
Operations, U.S. Customs and Border Protection, U.S. Department 
of Homeland Security; Mr. Mark Borkowski, Assistant 
Commissioner and Chief Acquisition Executive, Office of 
Technology Innovation and Acquisition, U.S. Customs and Border 
Protection, U.S. Department of Homeland Security; and Ms. 
Rebecca Gambler, Director, Homeland Security and Justice, U.S. 
Government Accountability Office.
    On June 14, 2016, the Subcommittee on Border and Maritime 
Security held a hearing entitled ``Overstaying Their Welcome: 
National Security Risks Posed by Visa Overstays.'' The 
Subcommittee received testimony from Mr. John Wagner, Deputy 
Assistant Commissioner, U.S. Customs and Border Protection, 
U.S. Department of Homeland Security; Mr. Craig Healy, 
Assistant Director for National Security Investigations, 
Homeland Security Investigations, U.S. Immigration and Customs 
Enforcement, U.S. Department of Homeland Security; Ms. Kelli 
Ann Burriesci, Deputy Assistant Secretary, Department of 
Homeland Security's Screening, Coordination Office, U.S. 
Department of Homeland Security; and Mr. Robert Burns, Homeland 
Security Advanced Research Projects Agency Deputy Director, 
Science and Technology Directorate, U.S. Department of Homeland 
Security.
    On July 7, 2016, the Subcommittee on Coast Guard and 
Maritime Transportation of the Committee on Transportation and 
Infrastructure and the Subcommittee on Border and Maritime 
Security held a joint hearing entitled ``An Examination of the 
Maritime Nuclear Smuggling Threat.'' The Subcommittees received 
testimony from Rear Admiral Linda L. Fagan, Deputy Commandant 
for Operations, Policy, and Capabilities, U.S. Coast Guard, 
U.S. Department of Homeland Security; Dr. Todd C. Owen, 
Assistant Commissioner, Office of Field Operations, U.S. 
Customs and Border Protection, U.S. Department of Homeland 
Security; Dr. Wayne Brasure, Acting Director, Domestic Nuclear 
Detection Office; Ms. Anne Harrington, Deputy Administrator, 
Defense Nuclear Nonproliferation, National Nuclear Security 
Administration; Ms. Jennifer Grover, Director, Homeland 
Security and Justice Issues, U.S. Government Accountability 
Office; Dr. Gregory H. Canavan, Senior Fellow, Los Alamos 
National Laboratories; Mr. David A. Espie, Director of 
Security, Maryland Port Administration, Port of Baltimore; and 
Mr. James H.I. Weakley, President, Lake Carriers' Association.
    On September 13, 2016, the Subcommittee on Border and 
Maritime Security held a hearing entitled ``Moving the Line of 
Scrimmage: Re-examining the Defense-in-Depth Strategy.'' The 
Subcommittee received testimony from Mr. Mark Morgan, Chief, 
U.S. Border Patrol, U.S. Department of Homeland Security; Ms. 
Peggy Davis, Private Citizen; Mr. Gary Brasher, Private 
Citizen; Dr. Elyse Golob, Executive Director, National Center 
for Border Security and Immigration, The University of Arizona; 
and Mr. Christian Ramirez, Director, Southern Border 
Communities Coalition.
    115th Congress
    On February 7, 2017, the Full Committee held a hearing 
entitled ``Ending the Crisis: America's Borders and the Path to 
Security.'' The Committee received testimony from Hon. John F. 
Kelly, Secretary, U.S. Department of Homeland Security; Mr. 
Steve C. McCraw, Director, Texas Department of Homeland 
Security; Mr. Joe Frank Martinez, Sheriff, Val Verde County, 
Texas; Mr. Leon N. Wilmot, Sheriff, Yuma County, Arizona; and 
The Honorable Eddie Trevino, Jr., County Judge, Cameron County, 
Texas.
    On February 16, 2017, the Subcommittee on Border and 
Maritime Security held a hearing entitled ``A Dangerous and 
Sophisticated Adversary: The Threat to the Homeland Posed by 
Cartel Operations.'' The Subcommittee received testimony from 
Vice Admiral Charles Ray, Deputy Commandant for Operations, 
U.S. Coast Guard, U.S. Department of Homeland Security; Chief 
Paul A. Beeson, Commander, Joint Task Force-West, Arizona, U.S. 
Department of Homeland Security; Mr. Matt Allen, Assistant 
Director for HSI Investigative Programs, Homeland Security 
Investigations, U.S. Department of Homeland Security; and Mr. 
Luis E. Arreaga, Principal Deputy Assistant Secretary, Bureau 
of International Narcotics and Law Enforcement Affairs, U.S. 
Department of State.
    On April 4, 2017, the Subcommittee on Border and Maritime 
Security held a hearing entitled ``Defeating a Sophisticated 
and Dangerous Adversary: Are the New Border Security Task 
Forces the Right Approach?'' The Subcommittee received 
testimony from Vice Admiral Karl Schultz, Director, Joint Task 
Force-East, U.S. Department of Homeland Security; Chief Paul A. 
Beeson, Commander, Joint Task Force-West, U.S. Department of 
Homeland Security; Ms. Janice Ayala, Director, Joint Task 
Force-Investigations Homeland Security Investigations; and Ms. 
Rebecca Gambler, Director, Homeland Security and Justice 
Issues, U.S. Government Accountability Office.
    On May 18, 2017, the Subcommittee on Oversight and 
Management Efficiency held a hearing entitled ``From the Border 
to Disasters and Beyond: Critical Canine Contributions to the 
DHS Mission.'' The Subcommittee received testimony from Mr. 
Damian Montes, Director, Canine Training Program, U.S. Customs 
and Border Protection, U.S. Department of Homeland Security; 
Ms. Melanie Harvey, Director, Threat Assessment Division, 
Transportation Security Administration, U.S. Department of 
Homeland Security; Mr. Peter Jaquez, Acting Deputy Chief, Law 
Enforcement Operations-Specialty Programs, U.S. Border Patrol, 
U.S. Department of Homeland Security; Dr. Patrick Carrick, 
Director, Homeland Security Advanced Research Projects Agency, 
Science and Technology Directorate, U.S. Department of Homeland 
Security; and Dr. Jennifer Brown, Canine Search Specialist and 
Team Veterinarian, Urban Search and Rescue-Florida Task Force 
2. The Transportation Security and Customs and Border 
Protection canines units were present and performed detection 
simulations. TSA canine performed an explosive detection 
simulation and CBP canines performed agricultural and drug 
inspection simulations
    On May 23, 2017, the Subcommittee on Border and Maritime 
Security held a hearing entitled ``Visa Overstays: A Gap in the 
Nation's Border Security'' The Subcommittee received testimony 
from Mr. Michael Dougherty, Assistant Secretary, Border, 
Immigration, and Trade, Office of Policy, U.S. Department of 
Homeland Security; Mr. John Wagner, Deputy Executive Assistant 
Commissioner, U.S. Customs and Border Protection , U.S. 
Department of Homeland Security; Mr. Clark Settles, Assistant 
Director, National Security Division, Homeland Security 
Investigations, U.S. Department of Homeland Security; and Hon. 
John Roth, Inspector General, Office of the Inspector General, 
U.S. Department of Homeland Security.
    On June 20, 2017, the Subcommittee on Counterterrorism and 
Intelligence held a field hearing in Central Islip , New York, 
entitled ``Combating Gang Violence on Long Island: Shutting 
Down the MS-13 Pipeline.'' The Subcommittee received testimony 
from Mr. William Sweeney, Assistant Director in Charge, New 
York Field Office, Federal Bureau of Investigation, U.S. 
Department of Justice; Mr. Angel Melendez, Special Agent in 
Charge, Homeland Security Investigations, Immigration and 
Customs Enforcement, U.S. Department of Homeland Security; Mr. 
Timothy Sini, Police Commissioner, Suffolk County, New York; 
Mr. Michael Marino, Commanding Officer, Gang Investigations 
Squad, Nassau County Police Department, Nassau County, New 
York; Mr. Thomas C. Krumpter, Acting Commissioner, Nassau 
County Police Department, Nassau County, New York; Mr. Vincent 
DeMarco, Sheriff, Suffolk County New York; Mrs. Evelyn 
Rodriquez, Suffolk County Resident; Mr. Robert Mickens, Suffolk 
County Resident; Dr. Howard Koenig, Superintendent of Schools, 
Central Islip Union Free School District; and Patrick Young, 
Esq., Program Director, Central American Refugee Center.
    On July 25, 2017, the Subcommittee on Border and Maritime 
Security held a hearing entitled ``Deter, Detect and Interdict: 
Technology's Role in Securing the Border.'' The Subcommittee 
received testimony from Mr. Todd C. Owen, Executive Assistant 
Commissioner, Office of Field Operations, U.S. Customs and 
Border Protection, U.S. Department of Homeland Security; Mr. 
Scott A. Luck, Acting Deputy Chief, U.S. Border Patrol, U.S. 
Department of Homeland Security; Mr. Dennis J. Michelini, 
Acting Executive Director of Operations, Air and Marine 
Operations, U.S. Customs and Border Protection, U.S. Department 
of Homeland Security; and Ms. Rebecca Gambler, Director, 
Homeland Security and Justice, U.S. Government Accountability 
Office.

                        Committee Consideration


    The Committee met on October 4, 2017, to consider H.R. 
3548, and ordered the measure to be reported to the House with 
a favorable recommendation, amended, by a recorded vote of 18 
yeas and 12 nays, (Roll Call Vote No. 36). The Committee took 
the following actions:

    The following amendments were offered:

 An Amendment in the Nature of a Substitute offered by Mr. 
McCaul (#1); was AGREED TO by a recorded vote of 17 yeas and 12 
nays, (Roll Call Vote No. 35).

 An amendment by Mr. Thompson of Mississippi to the Amendment 
in the Nature of a Substitute (#1A); was NOT AGREED TO by a 
recorded vote of 10 yeas and 17 nays, (Roll Call Vote No. 16).
     Page 1, line 3, strike ``Border Security for America Act of 2017'' 
and insert ``Taking Americans' Land to Build Trump's Wall Act of 
2017''.

 An amendment by Mr. Vela to the Amendment in the Nature of a 
Substitute (#1B); was NOT AGREED TO by a recorded vote of 0 
yeas, 26 nays, with 1 voting ``Present'', (Roll Call Vote No. 
17).
     Page 3, beginning line 1, insert the following new subsection (and 
make necessary conforming changes): entitled ``(3) Border Wall 
System.''

 An amendment by Mr. Thompson of Mississippi to the Amendment 
in the Nature of a Substitute (#1C); was NOT AGREED TO by voice 
vote.
     Page 3, after line 8, insert a new paragraph (and redesignate 
subsequent paragraphs accordingly): entitled ``(5) Illegal Border 
Crossing Effectiveness Rate.''
     Page 3, strike lines 9 through 12 and insert a new paragraph 
entitled ``(6) Operational Control.''

 An amendment by Mr. Thompson of Mississippi to the Amendment 
in the Nature of a Substitute (#1D); was NOT AGREED TO by voice 
vote.

     Amend section 111 with a new section 111 entitled ``Sec. 111. 
Border Infrastructure Construction Based on Needs in the Field.''
     Strike section 113 (and redesignate subsequent sections 
accordingly and make necessary conforming changes).

 An amendment by Mr. Thompson of Mississippi to the Amendment 
in the Nature of a Substitute (#1E); was NOT AGREED TO by 11 
yeas and 17 nays, (Roll Call Vote No. 18).
     Strike section 111 (and redesignate subsequent sections 
accordingly and make necessary conforming changes).

 An amendment by Mr. Vela to the Amendment in the Nature of a 
Substitute (#1F); was NOT AGREED TO by a recorded vote of 11 
yeas and 17 nays, (Roll Call Vote No. 19).
     Page 4, strike lines 10 through 16 and insert a new subsection 
entitled ``(a) In General.''
     Page 85, beginning line 13, insert the following (and make 
necessary conforming changes):(2) $20,000,000 shall be used by the 
Department of Homeland Security to establish an eminent domain legal 
defense fund described in section 111;

 An amendment by Mr. Vela to the Amendment in the Nature of a 
Substitute (#1G); was NOT AGREED TO by a recorded vote of 11 
yeas and 17 nays, (Roll Call Vote No. 20).
     Page 4, strike lines 10 through 16 and insert a new subsection 
entitled ``(a) In General.''

 An amendment by Mr. Vela to the Amendment in the Nature of a 
Substitute (#1H); was NOT AGREED TO by a recorded vote of 14 
yeas and 15 nays, (Roll Call Vote No. 21).
     Page 4, strike lines 10 through 16 and insert a new subsection 
entitled ``(a) In General.''

 An amendment by Mr. McCaul to the Amendment in the Nature of a 
Substitute (#1I); was AGREED TO by voice vote.
     Page 4, line 15, insert ``achieve situational awareness and 
operational control of the border and'' after ``border to''.
     Page 5, strike lines 12 through 20 (and make necessary conforming 
changes).
     Page 9, strike lines 7 through 23 (and make necessary conforming 
changes).
     Page 10, line 16, strike the closing quotes and the second period.
     Page 10, beginning line 17, insert the following new subsections:
       ``(4) Tactical Infrastructure.''
       ``(5) Technology.''

 An amendment by Mr. Hurd to the Amendment in the Nature of a 
Substitute (#1J); was AGREED TO by a recorded vote of 17 yeas, 
11 nays, and 1 voting ``Present'', (Roll Call Vote No. 22).
     Page 5, beginning line 12, insert the following new clause (and 
redesignate subsequent clauses accordingly): entitled ``(ii) Exception 
for Certain Tactical Infrastructure.''

 An amendment by Ms. McSally to the Amendment in the Nature of 
a Substitute (#1K); was AGREED TO by voice vote.
     Page 5, line 16, strike ``forward operating bases,''.
     Page 7, line 15, insert a period after ``mination''.
     At the end of subtitle A of Title I, add a new section entitled 
``Sec. 125. Agent and Officer Technology Use.''
     In section 131, redesignate subsection (i) as section (j).
     In section 131, insert after subsection (h) the following new 
subsection entitled ``(i) Office of Professional Responsibility.''
     At the end of subtitle B of title I add a new section entitled 
``Sec. 134. Training for Officers and Agents of U.S. Customs and Border 
Protection.''
     Redesignate sections 205, 206, and 207 as sections 206, 207, and 
208, respectively.
     Insert after section 204 a new section entitled ``Sec. 205. Non-
Intrusive Inspection Operational Demonstration.''

 An amendment by Mr. Vela to the Amendment in the Nature of a 
Substitute (#1L); was NOT AGREED TO by a recorded vote of 12 
yeas and 17 nays, (Roll Call Vote No. 23).
     Page 6, line 1, insert ``constructing, installing, or'' before 
``deploying''.
     Page 6, line 4, insert ``the Comptroller General of the United 
States,'' after ``Agriculture''.
     Page 6, line 11, insert ``in the specific area or region at 
issue'' after ``jurisdiction''.
     Page 7, beginning line 1, strike ``Not later than 60 days after 
the consultation required under clause (i)'' and insert ``Not later 
than 180 days prior to commencing construction, installation, or 
deployment of tactical infrastructure in a specific area or region''.
     Page 7, line 12, insert ``and timeline, projected costs, analysis 
of alternatives, and plans for the construction, installation, or 
deployment of tactical infrastructure in that specific area or region, 
together with specific information on how much of that area or region 
is privately owned and may be subject to eminent domain, an assessment 
from the Comptroller General of the United States as to whether there 
is documentation to support a determination that such construction, 
installation, or deployment is most practical and effective to achieve 
operational control and situational awareness, and any written feedback 
regarding the determination from parties involved in the consultation 
required under clause (i)'' after ``area''.
     Page 7, line 15, insert a period after ``mination''.

 An amendment by Miss Rice of New York to the Amendment in the 
Nature of a Substitute (#1M); was NOT AGREED TO by a recorded 
vote of 12 yeas and 17 nays, (Roll Call Vote No. 24).
     Page 8, line 9, insert ``and'' after the semicolon.
     Page 8, strike lines 10 through 20.

 An amendment by Ms. Jackson Lee to the Amendment in the Nature 
of a Substitute (#1N); was NOT AGREED TO by a recorded vote of 
12 yeas and 17 nays, (Roll Call Vote No. 25).
     Page 8, line 20, after ``Federal Register.'' insert the following: 
``Such publication shall include an identification of the species of 
animal or type of fauna or flora that may be endangered, including 
potential extinction, through the actions taken to construct a border 
fence or border wall under this section.''.

 An amendment by Mr. Thompson of Mississippi to the Amendment 
in the Nature of a Substitute (#1O); was NOT AGREED TO by a 
recorded vote of 12 yeas and 17 nays, (Roll Call Vote No. 26).
     Page 10, beginning line 8, insert a new subsection entitled ``(3) 
Most Practical and Effective.''

 An amendment by Mr. Keating to the Amendment in the Nature of 
a Substitute (#1P); was NOT AGREED TO by a recorded vote of 12 
yeas and 17 nays, (Roll Call Vote No. 27).
     Page 9, beginning line 24, insert the following new subsection 
(and redesignate subsequent subsections accordingly) entitled ``(e) 
Certification and Conditionality.''

 An amendment by Ms. Barragan to the Amendment in the Nature of 
a Substitute (#1Q); was NOT AGREED TO by voice vote.
     Page 13, line 16, insert ``, subject to the condition regarding 
certification specified in subsection (b),'' after ``shall''.
     Page 27, beginning line 18, insert the following (and redesignate 
subsequent subsections accordingly): a new subsection entitled ``(b) 
Certification.''

 An amendment by Ms. Barragan to the Amendment in the Nature of 
a Substitute (#1R); was NOT AGREED TO by a recorded vote of 12 
yeas and 17 nays, (Roll Call Vote No. 28).
     Page 31, line 17, insert ``(but not further than 25 miles from 
such border)'' after ``possible''.

 An amendment by Ms. Jackson Lee to the Amendment in the Nature 
of a Substitute (#1S); was NOT AGREED TO by a recorded vote of 
12 yeas and 17 nays, (Roll Call Vote No. 29).
     In section 115, add at the end the following: ``The Chief of the 
U.S. Border Patrol shall submit to Congress a report on the policies, 
protocols, and procedures given to Border Patrol agents on how they are 
to engage United States citizens, lawful permanent residents, tourists, 
foreign students, and Deferred Action for Childhood Arrivals.''.

 An amendment by Mr. Langevin to the Amendment in the Nature of 
a Substitute (#1T); was NOT AGREED TO by a recorded vote of 12 
yeas and 17 nays, (Roll Call Vote No. 30).
     Strike section 120 (and redesignate subsequent sections 
accordingly and make necessary conforming changes).

 An amendment by Mr. Katko to the Amendment in the Nature of a 
Substitute (#1U); was AGREED TO by voice vote.
     At the end of subtitle A of title I, add a new section entitled 
``Sec. 125. Integrated Border Enforcement Teams.''

 An amendment by Mr. Ratcliffe to the Amendment in the Nature 
of a Substitute (#1V); was AGREED TO by voice vote.
     At the end of subtitle A of title I, add a new section entitled 
``Sec. 125. Tunnel Task Forces.''

 An amendment by Mr. Payne to the Amendment in the Nature of a 
Substitute (#1W); was NOT AGREED TO by a recorded vote of 12 
yeas and 17 nays, (Roll Call Vote No. 31).
     Page 64, beginning line 17, insert the following new subsection 
(and redesignate subsequent subsections accordingly): entitled ``(i) 
Office of Professional Responsibility Investigators.''

 An amendment by Mr. Vela to the Amendment in the Nature of a 
Substitute (#1X); was NOT AGREED TO by a recorded vote of 0 
yeas, 28 nays, and 1 voting ``Present'', (Roll Call Vote No. 
32).
     Page 85, line 4, strike ``In addition'' and insert the following: 
(a) In General.-In additionPage 85, beginning line 18, insert a new 
subsection entitled ``(b) Condition.''

 An amendment by Mr. Hurd to the Amendment in the Nature of a 
Substitute (#1Y); was AGREED TO by a recorded vote of 17 yeas 
and 12 nays, (Roll Call Vote No. 33).
     In section 120, insert after subsection (f) a new subsection (and 
redesignate subsequent subsections accordingly): entitled ``(g) 
Memoranda of Understanding.''

 An en bloc amendment by Ms. Jackson Lee to the Amendment in 
the Nature of a Substitute (#1Z); was NOT AGREED TO by a 
recorded vote of 12 yeas and 17 nays, (Roll Call Vote No. 34).
     Consisting of the following amendments:
     Insert after section 204 the following (and redesignate subsequent 
sections accordingly): a new section entitled ``Sec. 205. Travel 
Restrictions.''

     Add a new section/ Sect. __ Prohibits Customs and Border 
Protection from taking detainees to private detention centers unless 
Detention Centers are fully staffed and have adequate resources to meet 
the healthcare and dietary needs of those being detained.
     

 An amendment by Ms. McSally to the Amendment in the Nature of 
a Substitute (#1AA); was AGREED TO by voice vote.
     Add, at the end of section 120(c) of the bill, a new subsection 
entitled ``(4) Saving Clause.''

                            Committee Votes

    Clause 3(b) of Rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto.
    The Committee on Homeland Security considered H.R. 3548 on 
October 4, 2017, and took the following votes:


 
ROLL CALL NO. 16
 


On agreeing to the amendment to the Amendment in the Nature of a Substitute #1A offered by Mr. Thompson of
 Mississippi.
Not Agreed to: 10 yeas and 17 nays.
 


----------------------------------------------------------------------------------------------------------------
                Representative                  Yea    Nay               Representative              Yea    Nay
----------------------------------------------------------------------------------------------------------------
Mr. McCaul, Chair............................            X   Mr. Thompson of Mississippi, Ranking      X
                                                              Member.
Mr. Smith of Texas...........................                Ms. Jackson Lee......................     X
Mr. King of New York.........................            X   Mr. Langevin.........................     X
Mr. Rogers of Alabama........................            X   Mr. Richmond.........................
Mr. Duncan of South Carolina.................            X   Mr. Keating..........................     X
Mr. Barletta.................................            X   Mr. Payne............................     X
Mr. Perry....................................            X   Mr. Vela.............................     X
Mr. Katko....................................            X   Mrs. Watson Coleman..................     X
Mr. Hurd.....................................            X   Miss Rice of New York................     X
Ms. McSally..................................            X   Mr. Correa...........................     X
Mr. Ratcliffe................................            X   Mrs. Demings.........................     X
Mr. Donovan..................................            X   Ms. Barragan.........................
Mr. Gallagher................................            X
Mr. Higgins of Louisiana.....................            X
Mr. Rutherford...............................            X
Mr. Garrett..................................            X
Mr. Fitzpatrick..............................            X
Mr. Estes....................................            X
                                                                                                   -------------
                                                             Vote Total:                              10     17
----------------------------------------------------------------------------------------------------------------



 
ROLL CALL NO. 17
 


On agreeing to the amendment to the Amendment in the Nature of a Substitute #1B offered by Mr. Vela.
Not Agreed to: 0 yeas, 26 nays, and 1 voting ``Present''.
 


----------------------------------------------------------------------------------------------------------------
                Representative                  Yea    Nay               Representative              Yea    Nay
----------------------------------------------------------------------------------------------------------------
Mr. McCaul, Chair............................            X   Mr. Thompson of Mississippi, Ranking             X
                                                              Member.
Mr. Smith of Texas...........................                Ms. Jackson Lee......................            X
Mr. King of New York.........................            X   Mr. Langevin.........................            X
Mr. Rogers of Alabama........................            X   Mr. Richmond.........................
Mr. Duncan of South Carolina.................            X   Mr. Keating..........................            X
Mr. Barletta.................................            X   Mr. Payne............................            X
Mr. Perry....................................            X   Mr. Vela.............................            X
Mr. Katko....................................            X   Mrs. Watson Coleman..................            X
Mr. Hurd.....................................            X   Miss Rice of New York................            X
Ms. McSally..................................            X   Mr. Correa...........................            X
Mr. Ratcliffe................................            X   Mrs. Demings.........................
Mr. Donovan..................................            X   Ms. Barragan.........................
Mr. Gallagher................................            X
Mr. Higgins of Louisiana.....................            X
Mr. Rutherford...............................            X
Mr. Garrett..................................            X
Mr. Fitzpatrick..............................            X
Mr. Estes....................................            X
                                                                                                   -------------
                                                             Vote Total:                               0     26
----------------------------------------------------------------------------------------------------------------

Voting Present, Ms. Demings.


 
ROLL CALL NO. 18
 


On agreeing to the amendment to the Amendment in the Nature of a Substitute #1E offered by Mr. Thompson of
 Mississippi.
Not Agreed to: 11 yeas and 17 nays.
 


----------------------------------------------------------------------------------------------------------------
                Representative                  Yea    Nay               Representative              Yea    Nay
----------------------------------------------------------------------------------------------------------------
Mr. McCaul, Chair............................            X   Mr. Thompson of Mississippi, Ranking      X
                                                              Member.
Mr. Smith of Texas...........................                Ms. Jackson Lee......................     X
Mr. King of New York.........................            X   Mr. Langevin.........................     X
Mr. Rogers of Alabama........................            X   Mr. Richmond.........................
Mr. Duncan of South Carolina.................            X   Mr. Keating..........................     X
Mr. Barletta.................................            X   Mr. Payne............................     X
Mr. Perry....................................            X   Mr. Vela.............................     X
Mr. Katko....................................            X   Mrs. Watson Coleman..................     X
Mr. Hurd.....................................            X   Miss Rice of New York................     X
Ms. McSally..................................            X   Mr. Correa...........................     X
Mr. Ratcliffe................................            X   Mrs. Demings.........................     X
Mr. Donovan..................................            X   Ms. Barragan.........................     X
Mr. Gallagher................................            X
Mr. Higgins of Louisiana.....................            X
Mr. Rutherford...............................            X
Mr. Garrett..................................            X
Mr. Fitzpatrick..............................            X
Mr. Estes....................................            X
                                                                                                   -------------
                                                             Vote Total:                              11     17
----------------------------------------------------------------------------------------------------------------



 
ROLL CALL NO. 19
 


On agreeing to the amendment to the Amendment in the Nature of a Substitute #1F offered by Mr. Vela.
Not Agreed to: 11 yeas and 17 nays.
 


----------------------------------------------------------------------------------------------------------------
                Representative                  Yea    Nay               Representative              Yea    Nay
----------------------------------------------------------------------------------------------------------------
Mr. McCaul, Chair............................            X   Mr. Thompson of Mississippi, Ranking      X
                                                              Member.
Mr. Smith of Texas...........................                Ms. Jackson Lee......................     X
Mr. King of New York.........................            X   Mr. Langevin.........................     X
Mr. Rogers of Alabama........................            X   Mr. Richmond.........................
Mr. Duncan of South Carolina.................            X   Mr. Keating..........................     X
Mr. Barletta.................................            X   Mr. Payne............................     X
Mr. Perry....................................            X   Mr. Vela.............................     X
Mr. Katko....................................            X   Mrs. Watson Coleman..................     X
Mr. Hurd.....................................            X   Miss Rice of New York................     X
Ms. McSally..................................            X   Mr. Correa...........................     X
Mr. Ratcliffe................................            X   Mrs. Demings.........................     X
Mr. Donovan..................................            X   Ms. Barragan.........................     X
Mr. Gallagher................................            X
Mr. Higgins of Louisiana.....................            X
Mr. Rutherford...............................            X
Mr. Garrett..................................            X
Mr. Fitzpatrick..............................            X
Mr. Estes....................................            X
                                                                                                   -------------
                                                             Vote Total:                              11     17
----------------------------------------------------------------------------------------------------------------



 
ROLL CALL NO. 20
 


On agreeing to the amendment to the Amendment in the Nature of a Substitute #1G offered by Mr. Vela.
Not Agreed to: 11 yeas and 17 nays.
 


----------------------------------------------------------------------------------------------------------------
                Representative                  Yea    Nay               Representative              Yea    Nay
----------------------------------------------------------------------------------------------------------------
Mr. McCaul, Chair............................            X   Mr. Thompson of Mississippi, Ranking      X
                                                              Member.
Mr. Smith of Texas...........................                Ms. Jackson Lee......................     X
Mr. King of New York.........................            X   Mr. Langevin.........................     X
Mr. Rogers of Alabama........................            X   Mr. Richmond.........................
Mr. Duncan of South Carolina.................            X   Mr. Keating..........................     X
Mr. Barletta.................................            X   Mr. Payne............................     X
Mr. Perry....................................            X   Mr. Vela.............................     X
Mr. Katko....................................            X   Mrs. Watson Coleman..................     X
Mr. Hurd.....................................            X   Miss Rice of New York................     X
Ms. McSally..................................            X   Mr. Correa...........................     X
Mr. Ratcliffe................................            X   Mrs. Demings.........................     X
Mr. Donovan..................................            X   Ms. Barragan.........................     X
Mr. Gallagher................................            X
Mr. Higgins of Louisiana.....................            X
Mr. Rutherford...............................            X
Mr. Garrett..................................            X
Mr. Fitzpatrick..............................            X
Mr. Estes....................................            X
                                                                                                   -------------
                                                             Vote Total:                              11     17
----------------------------------------------------------------------------------------------------------------



 
ROLL CALL NO. 21
 


On agreeing to the amendment to the Amendment in the Nature of a Substitute #1H offered by Mr. Vela.
Not Agreed to: 14 yeas and 15 nays.
 


----------------------------------------------------------------------------------------------------------------
                Representative                  Yea    Nay               Representative              Yea    Nay
----------------------------------------------------------------------------------------------------------------
Mr. McCaul, Chair............................            X   Mr. Thompson of Mississippi, Ranking      X
                                                              Member.
Mr. Smith of Texas...........................                Ms. Jackson Lee......................     X
Mr. King of New York.........................            X   Mr. Langevin.........................     X
Mr. Rogers of Alabama........................            X   Mr. Richmond.........................     X
Mr. Duncan of South Carolina.................            X   Mr. Keating..........................     X
Mr. Barletta.................................            X   Mr. Payne............................     X
Mr. Perry....................................            X   Mr. Vela.............................     X
Mr. Katko....................................            X   Mrs. Watson Coleman..................     X
Mr. Hurd.....................................     X          Miss Rice of New York................     X
Ms. McSally..................................     X          Mr. Correa...........................     X
Mr. Ratcliffe................................            X   Mrs. Demings.........................     X
Mr. Donovan..................................            X   Ms. Barragan.........................     X
Mr. Gallagher................................            X
Mr. Higgins of Louisiana.....................            X
Mr. Rutherford...............................            X
Mr. Garrett..................................            X
Mr. Fitzpatrick..............................            X
Mr. Estes....................................            X
                                                                                                   -------------
                                                             Vote Total:                              14     15
----------------------------------------------------------------------------------------------------------------



 
ROLL CALL NO. 22
 


On agreeing to the amendment to the Amendment in the Nature of a Substitute #1J offered by Mr. Hurd.
Agreed to: 17 yeas, 11 nays, and 1 voting ``Present''.
 


----------------------------------------------------------------------------------------------------------------
                Representative                  Yea    Nay               Representative              Yea    Nay
----------------------------------------------------------------------------------------------------------------
Mr. McCaul, Chair............................     X          Mr. Thompson of Mississippi, Ranking             X
                                                              Member.
Mr. Smith of Texas...........................                Ms. Jackson Lee......................
Mr. King of New York.........................     X          Mr. Langevin.........................            X
Mr. Rogers of Alabama........................     X          Mr. Richmond.........................            X
Mr. Duncan of South Carolina.................     X          Mr. Keating..........................            X
Mr. Barletta.................................     X          Mr. Payne............................            X
Mr. Perry....................................     X          Mr. Vela.............................            X
Mr. Katko....................................     X          Mrs. Watson Coleman..................            X
Mr. Hurd.....................................     X          Miss Rice of New York................            X
Ms. McSally..................................     X          Mr. Correa...........................            X
Mr. Ratcliffe................................     X          Mrs. Demings.........................            X
Mr. Donovan..................................     X          Ms. Barragan.........................            X
Mr. Gallagher................................     X
Mr. Higgins of Louisiana.....................     X
Mr. Rutherford...............................     X
Mr. Garrett..................................     X
Mr. Fitzpatrick..............................     X
Mr. Estes....................................     X
                                                                                                   -------------
                                                             Vote Total:                              17     11
----------------------------------------------------------------------------------------------------------------

Voting Present, Ms. Jackson Lee.


 
ROLL CALL NO. 23
 


On agreeing to the amendment to the Amendment in the Nature of a Substitute #1L offered by Mr. Vela.
Not Agreed to: 12 yeas and 17 nays.
 


----------------------------------------------------------------------------------------------------------------
                Representative                  Yea    Nay               Representative              Yea    Nay
----------------------------------------------------------------------------------------------------------------
Mr. McCaul, Chair............................            X   Mr. Thompson of Mississippi, Ranking      X
                                                              Member.
Mr. Smith of Texas...........................                Ms. Jackson Lee......................     X
Mr. King of New York.........................            X   Mr. Langevin.........................     X
Mr. Rogers of Alabama........................            X   Mr. Richmond.........................     X
Mr. Duncan of South Carolina.................            X   Mr. Keating..........................     X
Mr. Barletta.................................            X   Mr. Payne............................     X
Mr. Perry....................................            X   Mr. Vela.............................     X
Mr. Katko....................................            X   Mrs. Watson Coleman..................     X
Mr. Hurd.....................................            X   Miss Rice of New York................     X
Ms. McSally..................................            X   Mr. Correa...........................     X
Mr. Ratcliffe................................            X   Mrs. Demings.........................     X
Mr. Donovan..................................            X   Ms. Barragan.........................     X
Mr. Gallagher................................            X
Mr. Higgins of Louisiana.....................            X
Mr. Rutherford...............................            X
Mr. Garrett..................................            X
Mr. Fitzpatrick..............................            X
Mr. Estes....................................            X
                                                                                                   -------------
                                                             Vote Total:                              12     17
----------------------------------------------------------------------------------------------------------------



 
ROLL CALL NO. 24
 


On agreeing to the amendment to the Amendment in the Nature of a Substitute #1M offered by Miss Rice of New
 York.
Not Agreed to: 12 yeas and 17 nays.
 


----------------------------------------------------------------------------------------------------------------
                Representative                  Yea    Nay               Representative              Yea    Nay
----------------------------------------------------------------------------------------------------------------
Mr. McCaul, Chair............................            X   Mr. Thompson of Mississippi, Ranking      X
                                                              Member.
Mr. Smith of Texas...........................                Ms. Jackson Lee......................     X
Mr. King of New York.........................            X   Mr. Langevin.........................     X
Mr. Rogers of Alabama........................            X   Mr. Richmond.........................     X
Mr. Duncan of South Carolina.................            X   Mr. Keating..........................     X
Mr. Barletta.................................            X   Mr. Payne............................     X
Mr. Perry....................................            X   Mr. Vela.............................     X
Mr. Katko....................................            X   Mrs. Watson Coleman..................     X
Mr. Hurd.....................................            X   Miss Rice of New York................     X
Ms. McSally..................................            X   Mr. Correa...........................     X
Mr. Ratcliffe................................            X   Mrs. Demings.........................     X
Mr. Donovan..................................            X   Ms. Barragan.........................     X
Mr. Gallagher................................            X
Mr. Higgins of Louisiana.....................            X
Mr. Rutherford...............................            X
Mr. Garrett..................................            X
Mr. Fitzpatrick..............................            X
Mr. Estes....................................            X
                                                                                                   -------------
                                                             Vote Total:                              12     17
----------------------------------------------------------------------------------------------------------------



 
ROLL CALL NO. 25
 


On agreeing to the amendment to the Amendment in the Nature of a Substitute #1N offered by Ms. Jackson Lee.
Not Agreed to: 12 yeas and 17 nays.
 


----------------------------------------------------------------------------------------------------------------
                Representative                  Yea    Nay               Representative              Yea    Nay
----------------------------------------------------------------------------------------------------------------
Mr. McCaul, Chair............................            X   Mr. Thompson of Mississippi, Ranking      X
                                                              Member.
Mr. Smith of Texas...........................                Ms. Jackson Lee......................     X
Mr. King of New York.........................            X   Mr. Langevin.........................     X
Mr. Rogers of Alabama........................            X   Mr. Richmond.........................     X
Mr. Duncan of South Carolina.................            X   Mr. Keating..........................     X
Mr. Barletta.................................            X   Mr. Payne............................     X
Mr. Perry....................................            X   Mr. Vela.............................     X
Mr. Katko....................................            X   Mrs. Watson Coleman..................     X
Mr. Hurd.....................................            X   Miss Rice of New York................     X
Ms. McSally..................................            X   Mr. Correa...........................     X
Mr. Ratcliffe................................            X   Mrs. Demings.........................     X
Mr. Donovan..................................            X   Ms. Barragan.........................     X
Mr. Gallagher................................            X
Mr. Higgins of Louisiana.....................            X
Mr. Rutherford...............................            X
Mr. Garrett..................................            X
Mr. Fitzpatrick..............................            X
Mr. Estes....................................            X
                                                                                                   -------------
                                                             Vote Total:                              12     17
----------------------------------------------------------------------------------------------------------------



 
ROLL CALL NO. 26
 


On agreeing to the amendment to the Amendment in the Nature of a Substitute #1O offered by Mr. Thompson of
 Mississippi.
Not Agreed to: 12 yeas and 17 nays.
 


----------------------------------------------------------------------------------------------------------------
                Representative                  Yea    Nay               Representative              Yea    Nay
----------------------------------------------------------------------------------------------------------------
Mr. McCaul, Chair............................            X   Mr. Thompson of Mississippi, Ranking      X
                                                              Member.
Mr. Smith of Texas...........................                Ms. Jackson Lee......................     X
Mr. King of New York.........................            X   Mr. Langevin.........................     X
Mr. Rogers of Alabama........................            X   Mr. Richmond.........................     X
Mr. Duncan of South Carolina.................            X   Mr. Keating..........................     X
Mr. Barletta.................................            X   Mr. Payne............................     X
Mr. Perry....................................            X   Mr. Vela.............................     X
Mr. Katko....................................            X   Mrs. Watson Coleman..................     X
Mr. Hurd.....................................            X   Miss Rice of New York................     X
Ms. McSally..................................            X   Mr. Correa...........................     X
Mr. Ratcliffe................................            X   Mrs. Demings.........................     X
Mr. Donovan..................................            X   Ms. Barragan.........................     X
Mr. Gallagher................................            X
Mr. Higgins of Louisiana.....................            X
Mr. Rutherford...............................            X
Mr. Garrett..................................            X
Mr. Fitzpatrick..............................            X
Mr. Estes....................................            X
                                                                                                   -------------
                                                             Vote Total:                              12     17
----------------------------------------------------------------------------------------------------------------



 
ROLL CALL NO. 27
 


On agreeing to the amendment to the Amendment in the Nature of a Substitute #1P offered by Mr. Keating.
Not Agreed to: 12 yeas and 17 nays.
 


----------------------------------------------------------------------------------------------------------------
                Representative                  Yea    Nay               Representative              Yea    Nay
----------------------------------------------------------------------------------------------------------------
Mr. McCaul, Chair............................            X   Mr. Thompson of Mississippi, Ranking      X
                                                              Member.
Mr. Smith of Texas...........................                Ms. Jackson Lee......................     X
Mr. King of New York.........................            X   Mr. Langevin.........................     X
Mr. Rogers of Alabama........................            X   Mr. Richmond.........................     X
Mr. Duncan of South Carolina.................            X   Mr. Keating..........................     X
Mr. Barletta.................................            X   Mr. Payne............................     X
Mr. Perry....................................            X   Mr. Vela.............................     X
Mr. Katko....................................            X   Mrs. Watson Coleman..................     X
Mr. Hurd.....................................            X   Miss Rice of New York................     X
Ms. McSally..................................            X   Mr. Correa...........................     X
Mr. Ratcliffe................................            X   Mrs. Demings.........................     X
Mr. Donovan..................................            X   Ms. Barragan.........................     X
Mr. Gallagher................................            X
Mr. Higgins of Louisiana.....................            X
Mr. Rutherford...............................            X
Mr. Garrett..................................            X
Mr. Fitzpatrick..............................            X
Mr. Estes....................................            X
                                                                                                   -------------
                                                             Vote Total:                              12     17
----------------------------------------------------------------------------------------------------------------



 
ROLL CALL NO. 28
 


On agreeing to the amendment to the Amendment in the Nature of a Substitute #1R offered by Ms. Barragan
Not Agreed to: 12 yeas and 17 nays.
 


----------------------------------------------------------------------------------------------------------------
                Representative                  Yea    Nay               Representative              Yea    Nay
----------------------------------------------------------------------------------------------------------------
Mr. McCaul, Chair............................            X   Mr. Thompson of Mississippi, Ranking      X
                                                              Member.
Mr. Smith of Texas...........................                Ms. Jackson Lee......................     X
Mr. King of New York.........................            X   Mr. Langevin.........................     X
Mr. Rogers of Alabama........................            X   Mr. Richmond.........................     X
Mr. Duncan of South Carolina.................            X   Mr. Keating..........................     X
Mr. Barletta.................................            X   Mr. Payne............................     X
Mr. Perry....................................            X   Mr. Vela.............................     X
Mr. Katko....................................            X   Mrs. Watson Coleman..................     X
Mr. Hurd.....................................            X   Miss Rice of New York................     X
Ms. McSally..................................            X   Mr. Correa...........................     X
Mr. Ratcliffe................................            X   Mrs. Demings.........................     X
Mr. Donovan..................................            X   Ms. Barragan.........................     X
Mr. Gallagher................................            X
Mr. Higgins of Louisiana.....................            X
Mr. Rutherford...............................            X
Mr. Garrett..................................            X
Mr. Fitzpatrick..............................            X
Mr. Estes....................................            X
                                                                                                   -------------
                                                             Vote Total:                              12     17
----------------------------------------------------------------------------------------------------------------



 
ROLL CALL NO. 29
 


On agreeing to the amendment to the Amendment in the Nature of a Substitute #1S offered by Ms. Jackson Lee
Not Agreed to: 12 yeas and 17 nays.
 


----------------------------------------------------------------------------------------------------------------
                Representative                  Yea    Nay               Representative              Yea    Nay
----------------------------------------------------------------------------------------------------------------
Mr. McCaul, Chair............................            X   Mr. Thompson of Mississippi, Ranking      X
                                                              Member.
Mr. Smith of Texas...........................                Ms. Jackson Lee......................     X
Mr. King of New York.........................            X   Mr. Langevin.........................     X
Mr. Rogers of Alabama........................            X   Mr. Richmond.........................     X
Mr. Duncan of South Carolina.................            X   Mr. Keating..........................     X
Mr. Barletta.................................            X   Mr. Payne............................     X
Mr. Perry....................................            X   Mr. Vela.............................     X
Mr. Katko....................................            X   Mrs. Watson Coleman..................     X
Mr. Hurd.....................................            X   Miss Rice of New York................     X
Ms. McSally..................................            X   Mr. Correa...........................     X
Mr. Ratcliffe................................            X   Mrs. Demings.........................     X
Mr. Donovan..................................            X   Ms. Barragan.........................     X
Mr. Gallagher................................            X
Mr. Higgins of Louisiana.....................            X
Mr. Rutherford...............................            X
Mr. Garrett..................................            X
Mr. Fitzpatrick..............................            X
Mr. Estes....................................            X
                                                                                                   -------------
                                                             Vote Total:                              12     17
----------------------------------------------------------------------------------------------------------------



 
ROLL CALL NO. 30
 


On agreeing to the amendment to the Amendment in the Nature of a Substitute #1T offered by Mr. Langevin
Not Agreed to: 12 yeas and 17 nays.
 


----------------------------------------------------------------------------------------------------------------
                Representative                  Yea    Nay               Representative              Yea    Nay
----------------------------------------------------------------------------------------------------------------
Mr. McCaul, Chair............................            X   Mr. Thompson of Mississippi, Ranking      X
                                                              Member.
Mr. Smith of Texas...........................                Ms. Jackson Lee......................     X
Mr. King of New York.........................            X   Mr. Langevin.........................     X
Mr. Rogers of Alabama........................            X   Mr. Richmond.........................     X
Mr. Duncan of South Carolina.................            X   Mr. Keating..........................     X
Mr. Barletta.................................            X   Mr. Payne............................     X
Mr. Perry....................................            X   Mr. Vela.............................     X
Mr. Katko....................................            X   Mrs. Watson Coleman..................     X
Mr. Hurd.....................................            X   Miss Rice of New York................     X
Ms. McSally..................................            X   Mr. Correa...........................     X
Mr. Ratcliffe................................            X   Mrs. Demings.........................     X
Mr. Donovan..................................            X   Ms. Barragan.........................     X
Mr. Gallagher................................            X
Mr. Higgins of Louisiana.....................            X
Mr. Rutherford...............................            X
Mr. Garrett..................................            X
Mr. Fitzpatrick..............................            X
Mr. Estes....................................            X
                                                                                                   -------------
                                                             Vote Total:                              12     17
----------------------------------------------------------------------------------------------------------------



 
ROLL CALL NO. 31
 


On agreeing to the amendment to the Amendment in the Nature of a Substitute #1W offered by Mr. Payne
Not Agreed to: 12 yeas and 17 nays.
 


----------------------------------------------------------------------------------------------------------------
                Representative                  Yea    Nay               Representative              Yea    Nay
----------------------------------------------------------------------------------------------------------------
Mr. McCaul, Chair............................            X   Mr. Thompson of Mississippi, Ranking      X
                                                              Member.
Mr. Smith of Texas...........................                Ms. Jackson Lee......................     X
Mr. King of New York.........................            X   Mr. Langevin.........................     X
Mr. Rogers of Alabama........................            X   Mr. Richmond.........................     X
Mr. Duncan of South Carolina.................            X   Mr. Keating..........................     X
Mr. Barletta.................................            X   Mr. Payne............................     X
Mr. Perry....................................            X   Mr. Vela.............................     X
Mr. Katko....................................            X   Mrs. Watson Coleman..................     X
Mr. Hurd.....................................            X   Miss Rice of New York................     X
Ms. McSally..................................            X   Mr. Correa...........................     X
Mr. Ratcliffe................................            X   Mrs. Demings.........................     X
Mr. Donovan..................................            X   Ms. Barragan.........................     X
Mr. Gallagher................................            X
Mr. Higgins of Louisiana.....................            X
Mr. Rutherford...............................            X
Mr. Garrett..................................            X
Mr. Fitzpatrick..............................            X
Mr. Estes....................................            X
                                                                                                   -------------
                                                             Vote Total:                              12     17
----------------------------------------------------------------------------------------------------------------



 
ROLL CALL NO. 32
 


On agreeing to the amendment to the Amendment in the Nature of a Substitute #1X offered by Mr. Vela.
Not Agreed to: 0 yeas, 28 nays, and 1 voting ``Present''.
 


----------------------------------------------------------------------------------------------------------------
                Representative                  Yea    Nay               Representative              Yea    Nay
----------------------------------------------------------------------------------------------------------------
Mr. McCaul, Chair............................            X   Mr. Thompson of Mississippi, Ranking             X
                                                              Member.
Mr. Smith of Texas...........................                Ms. Jackson Lee......................            X
Mr. King of New York.........................            X   Mr. Langevin.........................            X
Mr. Rogers of Alabama........................            X   Mr. Richmond.........................            X
Mr. Duncan of South Carolina.................            X   Mr. Keating..........................            X
Mr. Barletta.................................            X   Mr. Payne............................            X
Mr. Perry....................................            X   Mr. Vela.............................            X
Mr. Katko....................................            X   Mrs. Watson Coleman..................            X
Mr. Hurd.....................................            X   Miss Rice of New York................            X
Ms. McSally..................................            X   Mr. Correa...........................            X
Mr. Ratcliffe................................            X   Mrs. Demings.........................
Mr. Donovan..................................            X   Ms. Barragan.........................            X
Mr. Gallagher................................            X
Mr. Higgins of Louisiana.....................            X
Mr. Rutherford...............................            X
Mr. Garrett..................................            X
Mr. Fitzpatrick..............................            X
Mr. Estes....................................            X
                                                                                                   -------------
                                                             Vote Total:                               0     28
----------------------------------------------------------------------------------------------------------------

Voting Present, Ms. Demings.


 
ROLL CALL NO. 33
 


On agreeing to the amendment to the Amendment in the Nature of a Substitute #1Y offered by Mr. Hurd.
Agreed to: 17 yeas and 12 nays.
 


----------------------------------------------------------------------------------------------------------------
                Representative                  Yea    Nay               Representative              Yea    Nay
----------------------------------------------------------------------------------------------------------------
Mr. McCaul, Chair............................     X          Mr. Thompson of Mississippi, Ranking             X
                                                              Member.
Mr. Smith of Texas...........................                Ms. Jackson Lee......................            X
Mr. King of New York.........................     X          Mr. Langevin.........................            X
Mr. Rogers of Alabama........................     X          Mr. Richmond.........................            X
Mr. Duncan of South Carolina.................     X          Mr. Keating..........................            X
Mr. Barletta.................................     X          Mr. Payne............................            X
Mr. Perry....................................     X          Mr. Vela.............................            X
Mr. Katko....................................     X          Mrs. Watson Coleman..................            X
Mr. Hurd.....................................     X          Miss Rice of New York................            X
Ms. McSally..................................     X          Mr. Correa...........................            X
Mr. Ratcliffe................................     X          Mrs. Demings.........................            X
Mr. Donovan..................................     X          Ms. Barragan.........................            X
Mr. Gallagher................................     X
Mr. Higgins of Louisiana.....................     X
Mr. Rutherford...............................     X
Mr. Garrett..................................     X
Mr. Fitzpatrick..............................     X
Mr. Estes....................................     X
                                                                                                   -------------
                                                             Vote Total:                              17     12
----------------------------------------------------------------------------------------------------------------



 
ROLL CALL NO. 34
 


On agreeing to the amendment to the Amendment in the Nature of a Substitute #1Z offered by Ms. Jackson Lee
Not Agreed to: 12 yeas and 17 nays.
 


----------------------------------------------------------------------------------------------------------------
                Representative                  Yea    Nay               Representative              Yea    Nay
----------------------------------------------------------------------------------------------------------------
Mr. McCaul, Chair............................            X   Mr. Thompson of Mississippi, Ranking      X
                                                              Member.
Mr. Smith of Texas...........................                Ms. Jackson Lee......................     X
Mr. King of New York.........................            X   Mr. Langevin.........................     X
Mr. Rogers of Alabama........................            X   Mr. Richmond.........................     X
Mr. Duncan of South Carolina.................            X   Mr. Keating..........................     X
Mr. Barletta.................................            X   Mr. Payne............................     X
Mr. Perry....................................            X   Mr. Vela.............................     X
Mr. Katko....................................            X   Mrs. Watson Coleman..................     X
Mr. Hurd.....................................            X   Miss Rice of New York................     X
Ms. McSally..................................            X   Mr. Correa...........................     X
Mr. Ratcliffe................................            X   Mrs. Demings.........................     X
Mr. Donovan..................................            X   Ms. Barragan.........................     X
Mr. Gallagher................................            X
Mr. Higgins of Louisiana.....................            X
Mr. Rutherford...............................            X
Mr. Garrett..................................            X
Mr. Fitzpatrick..............................            X
Mr. Estes....................................            X
                                                                                                   -------------
                                                             Vote Total:                              12     17
----------------------------------------------------------------------------------------------------------------



 
ROLL CALL NO. 35
 


On agreeing to the Amendment in the Nature of a Substitute #1 offered by Mr. McCaul, as amended.
Agreed to: 17 yeas and 12 nays.
 


----------------------------------------------------------------------------------------------------------------
                Representative                  Yea    Nay               Representative              Yea    Nay
----------------------------------------------------------------------------------------------------------------
Mr. McCaul, Chair............................     X          Mr. Thompson of Mississippi, Ranking             X
                                                              Member.
Mr. Smith of Texas...........................                Ms. Jackson Lee......................            X
Mr. King of New York.........................     X          Mr. Langevin.........................            X
Mr. Rogers of Alabama........................     X          Mr. Richmond.........................            X
Mr. Duncan of South Carolina.................     X          Mr. Keating..........................            X
Mr. Barletta.................................     X          Mr. Payne............................            X
Mr. Perry....................................     X          Mr. Vela.............................            X
Mr. Katko....................................     X          Mrs. Watson Coleman..................            X
Mr. Hurd.....................................     X          Miss Rice of New York................            X
Ms. McSally..................................     X          Mr. Correa...........................            X
Mr. Ratcliffe................................     X          Mrs. Demings.........................            X
Mr. Donovan..................................     X          Ms. Barragan.........................            X
Mr. Gallagher................................     X
Mr. Higgins of Louisiana.....................     X
Mr. Rutherford...............................     X
Mr. Garrett..................................     X
Mr. Fitzpatrick..............................     X
Mr. Estes....................................     X
                                                                                                   -------------
                                                             Vote Total:                              17     12
----------------------------------------------------------------------------------------------------------------



 
ROLL CALL NO. 36
 


On ordering H.R. 3548 to be reported to the House of Representatives with a favorable recommendation, as
 amended.
Agreed to: 18 yeas and 12 nays.
 


----------------------------------------------------------------------------------------------------------------
                Representative                  Yea    Nay               Representative              Yea    Nay
----------------------------------------------------------------------------------------------------------------
Mr. McCaul, Chair............................     X          Mr. Thompson of Mississippi, Ranking             X
                                                              Member.
Mr. Smith of Texas...........................     X          Ms. Jackson Lee......................            X
Mr. King of New York.........................     X          Mr. Langevin.........................            X
Mr. Rogers of Alabama........................     X          Mr. Richmond.........................            X
Mr. Duncan of South Carolina.................     X          Mr. Keating..........................            X
Mr. Barletta.................................     X          Mr. Payne............................            X
Mr. Perry....................................     X          Mr. Vela.............................            X
Mr. Katko....................................     X          Mrs. Watson Coleman..................            X
Mr. Hurd.....................................     X          Miss Rice of New York................            X
Ms. McSally..................................     X          Mr. Correa...........................            X
Mr. Ratcliffe................................     X          Mrs. Demings.........................            X
Mr. Donovan..................................     X          Ms. Barragan.........................            X
Mr. Gallagher................................     X
Mr. Higgins of Louisiana.....................     X
Mr. Rutherford...............................     X
Mr. Garrett..................................     X
Mr. Fitzpatrick..............................     X
Mr. Estes....................................     X
                                                                                                   -------------
                                                             Vote Total:                              18     12
----------------------------------------------------------------------------------------------------------------


                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the 
House of Representatives, the Committee has held oversight 
hearings and made findings that are reflected in this report.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of Rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
3548, the Border Security for America Act of 2017, would result 
in no new or increased budget authority, entitlement authority, 
or tax expenditures or revenues.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of Rule XIII of the Rules of the 
House of Representatives, a cost estimate provided by the 
Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974 was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the 
House of Representatives, H.R. 3548 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    The general performance goals and objectives of H.R. 3548 
are to gain full situational awareness and operational control 
of the borders of the United States through the deployment of 
physical infrastructure, technology, and personnel, as well as 
leveraging partnerships between various Federal, State, and 
local entities.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of Rule XIII, the Committee finds 
that H.R. 3548 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with Rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the Rule 
XXI.

                       Federal Mandates Statement

    An estimate of Federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

                        Preemption Clarification

    In compliance with section 423 of the Congressional Budget 
Act of 1974, requiring the report of any Committee on a bill or 
joint resolution to include a statement on the extent to which 
the bill or joint resolution is intended to preempt State, 
local, or Tribal law, the Committee finds that, while H.R. 3548 
does not mandate the preemption of any State, local, or Tribal 
law, the Secretary of Homeland Security may, in accordance with 
subsection (c) of Section 102 of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (Division C of Pub. L. 
104-208), as amended by this act, waive ``all legal 
requirements . . . to ensure the expeditious construction, 
installation, operation, and maintenance of the tactical 
infrastructure and technology[.]''

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 3548 would require no 
directed rule makings.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 1.   Short Title.

    This section provides that this bill may be cited as the 
``Border Security for America Act of 2017''.

                        TITLE I--Border Security


Sec. 101.   Definitions.

    This section sets forth the definitions of key terms as 
used in the bill.

                Subtitle A--Infrastructure and Equipment

Sec. 111.   Strengthening the requirements for barriers along the 
        southern border.

    This section authorizes the construction of tactical 
infrastructure and technology along the border where the 
Secretary of Homeland Security deems it ``most practical and 
effective'' to achieve situational awareness and operational 
control of the border.
    The Committee believes that physical barriers are a 
critical element to U.S. Customs and Border Protection's (CBP) 
border security strategy and, as a result, chose to modify 
existing law to enable the Secretary to deploy such barriers 
where ``most practical and effective'' along the southern 
border. The Committee included a parallel provision that allows 
the deployment of technology for the same purposes due to the 
fact that, in some areas of the border, physical barriers may 
not be the most effective solution. To that end, the Committee 
provided an exception for this authority in areas of the border 
where natural terrain features or the remoteness of such area 
make barriers ineffective. When drafting this section, the 
Committee had the Boquillas Canyon in Texas, and other nearly 
impassable terrain in mind.

Sec. 112.   Air and Marine Operations flight hours.

    This section requires the Department of Homeland Security 
to increase the number of annual flight hours of CBP's Air and 
Marine Operations and requires the Executive Assistant 
Commissioner for Air and Marine Operations to prioritize 
requests for support from the Chief of the U.S. Border Patrol.
    The Committee remains greatly unsatisfied with the status 
quo as it relates to the level of support that the office of 
Air and Marine Operations (AMO) provides to the U.S. Border 
Patrol. While the Committee fully understands that there will 
be a gap between the funded flight hours and true operational 
need, the Committee believes that AMO is not currently in a 
position to make adequate progress to close that gap. 
Therefore, the Committee is left with little choice but to 
provide the U.S. Border Patrol the ability to contract with air 
support providers to fly mission critical hours. Moreover, the 
legislation provides the Chief of the U.S. Border Patrol with 
exclusive authority over the small Unmanned Aerial Vehicle 
(UAV) program for the very same reason. The Committee strongly 
encourages close cooperation with the Federal Aviation 
Administration and the Executive Assistant Commissioner for Air 
and Marine to ensure the safe flying of these vehicles and 
deconfliction with other CBP Air and Marine Aircraft.

Sec. 113.   Capability deployment to specific sectors and transit zone.

    This section requires DHS to deploy additional 
infrastructure, surveillance and detection technologies in 
specific sectors of the U.S. Border Patrol along the northern 
and southern border.
    The Committee believes that each of our international 
borders come with a unique set of geographical challenges, 
including diverse and ever-changing threat landscapes. The 
deployment of infrastructure and technologies must be nuanced. 
In drafting this bill, the Committee used a sector-by-sector 
technology approach to border security tailored to the specific 
threats and needs of each Border Patrol sector. The Committee 
worked this list of capabilities extensively with both CBP and 
DHS to ensure that the technology requirements fit the needs of 
the operators on the ground. However, the Committee is 
cognizant of the changing nature of the threat landscape along 
the border and was purposeful in its grant of tactical 
flexibility to the Secretary of Homeland Security to alter the 
requirements outlined in the bill.
    Additionally, the Committee also believes that the 
Department should explore a consortium acquisition strategy as 
a means to accelerate the acquisition of the technology called 
for in this section

Sec. 114.   U.S. Border Patrol physical infrastructure improvements.

    This section requires DHS to construct and upgrade existing 
physical infrastructure and to acquire additional facilities.
    The Committee believes that existing physical 
infrastructure in many stations and checkpoints along the 
southern border are in dire need of repair and replacement. The 
Committee encourages the Department to invest significant 
resources to ensure that the men and women of CBP have adequate 
conditions as they work to secure the border.

Sec. 115.   U.S. Border Patrol activities.

    This section requires the Chief of the Border Patrol to 
direct agents to patrol as close to the border as possible.
    The Committee strongly believes that the U.S. Border 
Patrol's current defense-in-depth strategy is flawed, and 
unduly endangers Americans who live at or near the border. 
Ceding sovereign U.S. territory to drug cartels and others who 
would do us harm is unacceptable. The Committee strongly 
encourages the Chief of the Border Patrol to re-evaluate that 
strategy and replace it with one that prioritizes the 
deployment of the overwhelming majority of agents to the 
border. The Committee neither intends nor encourages the 
deployment of agents to sit on a fixed location on the border, 
or in a ``hands across the border'' posture. Instead, the 
Committee believes that if agents are regularly patrolling 
along or near the border, American lives and property will be 
better protected. The Committee fully understands that terrain 
and access is often an impediment to patrolling along the 
border and has purposefully provided a narrowly tailored 
exception to the deployment of agents on those grounds.

Sec. 116.   Border security technology program management.

    This section requires DHS to document approved baselines, 
costs, schedules, performance thresholds, and compliance with 
the Federal Acquisition Regulation Guidelines for its major 
border security technology acquisition programs that have life-
cycle costs of $300 million or more. Also, it directs DHS to 
submit a testing and evaluation plan and to use independent 
verification for new border security technologies.
    The Committee believes that while this bill lays out an 
aggressive timeline for the acquisition of technology and 
infrastructure, it must be done in a way that eisely and 
efficiently spends taxpayer dollars. Prior border technology 
and infrastructure projects experienced significant cost 
overruns and mismanagement. As border security acquisitions 
move forward, the Committee believes that acquisition must 
follow the highest standards and ensure the judicious use of 
tax dollars.

Sec. 117.   National Guard support to secure the southern border and 
        reimbursement of States for deployment of the National Guard at 
        the southern border.

    This section authorizes the Governors of southern border 
States to deploy units of the National Guard to assist CBP in 
securing the border. It also directs the Department of Defense 
(DoD) to reimburse southern border States for the costs of 
deployment of units and personnel to assist with border 
security activities. Additionally, this section authorizes up 
to $35 million for such reimbursements.
    The Committee believes that the National Guard is a highly 
effective force multiplier to law enforcement officers and 
agents on the ground, particularly during the time it will take 
to assign additional agents, infrastructure, and technology to 
the border in the course of implementing this Act. The 
Committee also believes that securing the border is the 
responsibility of the Federal Government, and that while a 
State's National Guard would be a welcome force multiplier, the 
State should not be held financially responsible for its 
voluntary contribution to Federal border security efforts.

Sec. 118.   Operation Phalanx.

    This section reauthorizes the Department of Defense to 
deploy regular and reserve groups of the Armed Forces to 
support CBP in securing the border. It authorizes up to $75 
million for this program.
    The Committee believes that Operation Phalanx is highly 
successful at providing DoD capabilities to Border Patrol 
agents on the ground, particularly the DoD and Army National 
Guard's extensive aerial surveillance support under this 
program. The Committee believes this Operation should remain 
fully funded in order to leverage the manpower and capabilities 
of DoD and provide said capabilities to CBP in their effort to 
secure our borders. Additionally, the Committee believes that 
support for Operation Phalanx should not come exclusively from 
Army National Guard units in border States.

Sec. 119.   Merida Initiative.

    This section reauthorizes the Merida Initiative through 
Fiscal Year and requires DHS to evaluate and report on the 
effectiveness of the initiative within 120 days of the date of 
enactment of this Act. It also requires DHS to make 
recommendations on how to enhance law enforcement efforts with 
Mexico and submit a report to Congress within 120 days of the 
date of enactment.
    The Committee believes that Mexico is a critical partner in 
securing our southern border. Border security efforts must not 
start at our front door, but rather as far south as possible to 
stop threats before they reach the southern border of the 
United States. The Committee believes that capacity building 
with Mexican counterparts should continue under the Merida 
Initiative, but with appropriate congressional oversight to 
ensure that U.S. taxpayer dollars are achieving their stated 
performance goals. The Committee believes that law enforcement 
cooperation with Mexican partners should increase where 
possible and looks forward to DHS recommendations.

Sec. 120.   Prohibitions on actions that impede border security on 
        certain Federal land.

    This section prohibits the Department of the Interior or 
Department of Agriculture from impeding, prohibiting, or 
restricting CBP activities on Federal lands located within 100 
miles of the southern border to execute search and rescue 
operations, and to prevent all unlawful entries into the United 
States.
    The Committee is concerned that Border Patrol agents have 
difficulty accessing Federal land under the purview of the 
Secretary of the Interior and Secretary of Agriculture 
hindering their ability to complete their mission. The 
Committee believes that the U.S. Border Patrol must have 
unimpeded access to and along the border in order to 
effectively complete its mission. Additionally, the Committee 
has no desire to disturb existing Memoranda of Understanding 
agreed to between CBP a U.S. National Park, provided that such 
Memoranda provides the Border Patrol a suitable level of 
access.

Sec. 121.   Landowner and rancher security enhancement.

    This section establishes a National Border Security 
Advisory Committee to consult with the Secretary on border 
security issues.
    The Committee believes that ranchers and landowners along 
the border are disproportionaly affected by cartel activities 
in their communities. Additionally, ranchers and landowners 
often allow the Border Patrol to access their private land to 
complete their mission or lease land to the Federal Government 
for the construction of technology or infrastructure. The 
Committee believes that ranchers and landowners near the border 
must have a formal mechanism to have their voices heard, both 
as it relates to violence in their communities and to their 
partnerships with the U.S. Border Patrol and the Federal 
Government.

Sec. 122.   Eradication of carrizo cane and salt cedar.

    This section directs DHS to coordinate with Federal and 
State authorities and, within 90 days, begin eradicating 
Carrizo Cane and Salt Cedar along the Rio Grande River.
    Carrizo Cane and Salt Cedar provide one of the greatest 
tactical challenges to the detection of illicit activity along 
the Rio Grande River. Due to the vegetation's thickness, Border 
Patrol agents cannot detect threats until they are either on 
the bank of the river, or in the water. The Committee believes 
that, in order to increase the detection of illegal activity 
farther from the physical border, and in order to protect agent 
safety, Carrizo Cane and Salt Cedar must be eradicated along 
the Rio Grande River.

Sec. 123.   Southern border threat analysis.

    This section requires the Secretary of DHS to develop a 
Southern Border Threat Analysis that assesses the current State 
of border security and identifies necessary improvements to 
secure the border.
    The Committee believes that DHS should complete a 
comprehensive strategy to secure the border in order to inform 
the Department's own efforts to gain situational awareness and 
operational control as well as help inform future border 
security spending.
    To that end, the Committee recommends the threat analysis 
required in this section include a cohesive concept of 
operations that aligns with the goals of this bill--situational 
awareness and operational control. Therefore, the Committee 
expects the Border Patrol and the Department of Homeland 
Security to first assess existing tactical capabilities, 
identify existing gaps and then use an analysis of alternatives 
to address identified gaps.

Sec. 124.   Amendments to U.S. Customs and Border Protection.

    This section makes a series of technical and conforming 
edits to CBP and preclearance authorizations that currently 
exist in law.

Sec. 125.   Agent and officer technology use.

    This section requires the Secretary of Homeland Security to 
ensure that technology is provided to front-line agents and 
officers.
    The Committee believes that technology should not be solely 
concentrated at command and operations centers, but should be 
provided directly to the law enforcement officers and agents on 
the ground in order to stop illegal border activity more 
effectively.

Sec. 126.   Integrated Border Enforcement Teams.

    This section establishes the Integrated Border Enforcement 
Team (IBET) program, which is designed to detect, prevent, 
investigate, and respond to terrorism and violations of law 
related to border security principally along the northern 
border.
    The Committee believes that partnership between Federal, 
State, local, and foreign partners is critical to securing our 
borders. By establishing a formal mechanism for information 
sharing and cooperation to occur, the Committee believes that 
duplication of efforts between agencies will decrease and the 
detection of illegal activity will be more effective. The 
Committee is particularly concerned about illegal activity on 
the much less patrolled northern border, and sees IBETs as a 
way to leverage scarce resources.

Sec. 127.   Tunnel Task Forces.

    This section establishes the Tunnel Task Force program 
within the Department. The Tunnel Task Force leads the 
Department's efforts in investigating and remediating the 
threat posed by cross-border tunnels.
    The Committee believes that cross border underground 
tunnels pose a grave risk to national security, and allows 
cross border illegal activity to occur at a much higher rate. 
Due to the threat posed by cross border tunnels, a dedicated 
Task Force, led by U.S. Immigration and Customs Enforcement's 
Homeland Security Investigations should be established in law 
to locate and remediate them.

                         Subtitle B--Personnel

Sec. 131.   Additional U.S. Customs and Border Protection agents and 
        officers.

    This section directs DHS to hire, train, and assign 26,370 
Border Patrol agents and 27,725 Customs Officers. This 
represents an increase of 5,000 agents and officers in each 
category.
    The Committee believes a robust work force is a key aspect 
in securing the U.S. borders.
    With the hiring, training, and assigning of additional 
personnel along the borders, the Committee believes CBP will 
increase their ability to stop the flow of illegal immigration 
and drug smuggling. Additional personnel within this section 
include: U.S. Border Patrol agents, CBP officers, CBP K-9 units 
and handlers, Horseback Units, Agricultural Specialists, and 
other specialized units.

Sec. 132.   U.S. Customs and Border Protection retention incentives.

    This section authorizes recruitment and retention bonuses 
and special pay for new CBP officers assigned to remote and 
hard-to-fill locations.
    The Committee believes that in order to attract the best 
and brightest work force, the Department must offer appropriate 
incentives to both retain and attract qualified law enforcement 
personnel.

Sec. 133.   Anti-Border Corruption Reauthorization Act.

    This section authorizes the Commissioner of CBP to waive 
the polygraph examination required of CBP applicants in three, 
narrowly tailored circumstances. Eligible individuals include 
current State and local law enforcement officers who have 
already passed a polygraph examination, Federal law enforcement 
officers who have already passed a stringent background 
investigation, and veterans with at least three consecutive 
years in the military who have held a clearance and passed a 
background check.
    The Committee believes that this streamlined approach in 
hiring law enforcement officers and select military members 
will support CBP's efforts to fill current and future vacancies 
in an expeditious manner while maintaining hiring standards.

Sec. 134.   Training for officers and agents of U.S. Customs and Border 
        Protection.

    This section requires agents and officers to undergo 21 
weeks of mandatory training and provides additional training 
for first and second line supervisors.
    Agents and officers of U.S. Customs and Border Protection 
have perform a difficult job every day. The Committee believes 
that it is CBP's responsibility to ensure that they are 
properly trained and equipped with the skills they will need to 
be successful. Additional training will ensure that agents can 
are confident in their ability to track down groups of drug 
traffickers, provide them additional time to become proficient 
in a foreign language, and reduce the likelihood that 
misconduct will occur.
    Further, this section requires CBP to establish formal 
leadership training for first and second line supervisors to 
ensure that they know how to properly manage and supervise 
subordinates. These basic leadership courses are required in 
most professional organizations, such as the military, and 
should be likewise be required of the U.S. Customs and Border 
Protection.

                           Subtitle C--Grants

Sec. 141.   Operation Stonegarden.

    This section authorizes $110 million to increase 
coordination and collaboration between CBP and State, county, 
Tribal, and other governmental law enforcement entities that 
support border security operations.
    The Committee believes that State, county, Tribal and other 
governmental law enforcement entities are vital partners in 
securing the homeland. These funds will assist in the 
procurement of necessary equipment to secure the border and may 
be used to pay for personnel expenses incurred by partner 
agencies.

               Subtitle D-Authorization of Appropriations

Sec. 151.   Authorization of appropriations.

    This section authorizes $10 billion over 4 years to cover 
costs for implementation of the Act.

 TITLE II-Emergency Port of Entry Personnel and Infrastructure Funding


Sec. 201.   Ports of entry infrastructure.

    This section requires DHS to expand vehicle, cargo, and 
pedestrian inspection lanes at ports of entry on the southern 
border through additional primary and secondary inspection 
lanes.
    The Committee believes that in carrying out the authority 
granted in subsection (a), the Secretary should assign high 
priority to the construction of new ports of entry to replace 
older ports of entry that no longer meet CBP security 
standards, which would substantially increase the flow of 
commerce. Moreover, the Committee strongly believes that the 
Secretary should carefully consider the potential economic 
impacts to local communities when constructing a new port of 
entry.
    Construction of new ports of entry is a timely and costly 
endeavor and the Committee believes that, to the degree 
practicable, the Secretary should first consider modernization 
and expansion before considering new construction.

Sec. 202.   Secure communications.

    This section requires DHS to provide all CBP agents and 
officers with secure communications equipment to streamline 
communication. In addition, this section requires DHS to 
provide multi-band, encrypted radios to agents or officers for 
communications between ports of entry and for those required to 
patrol on foot, by horseback, with canine units, or in other 
remote mission-critical locations.
    The Committee supports the use of Long-Term Evolution (LTE) 
in providing communications along the border. This section 
requires the use of LTE along the border, but the Committee is 
fully aware that LTE coverage along the border is limited, 
especially in some of the rural and remote areas of the border. 
For that reason, the Committee requires LTE capable radios, or 
other devices only where it enhances communications and is cost 
effective.
    The Committee recognizes the developing role of LTE and the 
significant investments in LMR along the border to provide 
secure communications. When operationally feasible, LTE shall 
be deployed to compliment or enhance LMR's capability, with the 
goal of improving agent and officer safety. The LTE capability 
requirement in this section can be fulfilled by having LTE 
capability built into a radio or through another device.
    The Committee strongly believes that providing secure, 
encrypted communications is an officer and agent safety issue 
that must be prioritized by the Department.

Sec. 203.   Border security deployment program.

    This section funds and expands the border surveillance and 
intrusion technology program at the Nation's ports of entry.
    The Committee believes that modern technology is a key 
force multiplier to securing the border. Ports of entry are an 
often-overlooked element in securing our border, and greater 
emphasis must be put on updating technology at ports of entry, 
as well as between them, on the border.

Sec. 204.   Pilot and upgrade of license plate readers at ports of 
        entry.

    This section requires an upgrade of existing license plate 
readers used on incoming and outgoing vehicle lanes along the 
northern and southern borders. This section also authorizes CBP 
to conduct a 6-month pilot on the southern border that utilizes 
license plate readers in all cargo processing lanes to 
determine their effectiveness in reducing cross-border wait 
times for commercial traffic and tractor-trailers.
    The Committee believes that moving cargo and vehicles 
expeditiously through ports of entry is critical to our 
economy. However, moving cargo quickly cannot jeopardize our 
national security. Updating license plate readers will allow 
vehicles to proceed across the border more rapidly, and 
expanding the use of this proven technology will increase cargo 
security efforts at our ports of entry.

Sec. 205.   Non-intrusive inspection operational demonstration.

    This section requires the deployment of a high throughput 
non-intrusive passenger vehicle inspection system at not fewer 
than three land ports of entry along the southern border.
    The Committee believes that all passenger vehicles should 
undergo Non-Intrusive Imaging, as a large amount of smuggling 
occurs in passenger vehicles, and believes that high-throughput 
inspection has the potential to increase both security and the 
flow of commerce at the Nation's ports of entry.

Sec. 206.   Biometric exit data system.

    This section directs DHS to complete and implement a 
biometric exit system at all air, land, and sea ports of entry.
    A mandate to electronically track entries and exits from 
the country has been in place for more than 20 years, and a 
mandate for a biometric-based entry-exit system has been a 
statutory requirement for 12 years.
    The Committee added this provision to provide DHS with a 
roadmap for success and, for the first time in statute, would 
provide definitive timelines for the execution of a biometric 
exit system.

Sec. 207.   Sense of Congress on cooperation between agencies.

    This section expresses the sense of Congress that the lack 
of certified inspection personnel at ports of entry should be 
addressed by seeking cooperation between agencies through a 
Memorandum of Understanding (MOU) or certification process, and 
that agents should be authorized for additional hours to 
facilitate the crossing and trade of perishable goods.
    The Committee believes that CBP should leverage MOUs and 
cross-certification to combat a shortage of inspectors required 
for cross-border agricultural trade.

Sec. 208.   Authorization of appropriations.

    This section authorizes $5 billion over 4 years to carry 
out staffing increases and infrastructure improvements.

Sec. 209.   Definition.

    This section defines the term ``secretary'' to mean the 
Secretary of Homeland Security.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

  ILLEGAL IMMIGRATION REFORM AND IMMIGRANT RESPONSIBILITY ACT OF 1996




           *       *       *       *       *       *       *
 TITLE I--IMPROVEMENTS TO BORDER CONTROL, FACILITATION OF LEGAL ENTRY, 
                        AND INTERIOR ENFORCEMENT

Subtitle A--Improved Enforcement at the Border

           *       *       *       *       *       *       *


SEC. 102. IMPROVEMENT OF BARRIERS AT 
                    BORDER.

  [(a) In General.--The Secretary of Homeland Security shall 
take such actions as may be necessary to install additional 
physical barriers and roads (including the removal of obstacles 
to detection of illegal entrants) in the vicinity of the United 
States border to deter illegal crossings in areas of high 
illegal entry into the United States.]
  (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 construct, 
install, deploy, operate, and maintain 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.
  (b) Construction of [Fencing] Physical Barriers and Road 
Improvements Along the Border.--
          (1) Additional fencing along southwest border.--
                  (A) Reinforced fencing.--In carrying out 
                subsection (a), the Secretary of Homeland 
                Security shall construct reinforced fencing 
                along not less than 700 miles of the southwest 
                border where fencing would be most practical 
                and effective and provide for the installation 
                of additional physical barriers, roads, 
                lighting, cameras, and sensors to gain 
                situational awareness and operational control 
                of the southwest border.
                  [(B) Priority areas.--In carrying out this 
                section, the Secretary of Homeland Security 
                shall--
                          [(i) identify the 370 miles, or other 
                        mileage determined by the Secretary, 
                        whose authority to determine other 
                        mileage shall expire on December 31, 
                        2008, along the southwest border where 
                        fencing would be most practical and 
                        effective in deterring smugglers and 
                        aliens attempting to gain illegal entry 
                        into the United States; and
                          [(ii) not later than December 31, 
                        2008, complete construction of 
                        reinforced fencing along the miles 
                        identified under clause (i).]
                  (B) Tactical infrastructure.--
                          (i) In general.--Not later than 
                        January 20, 2021, the Secretary of 
                        Homeland Security, in carrying out 
                        subsection (a), shall deploy along the 
                        United States border the most practical 
                        and effective tactical infrastructure 
                        available for achieving situational 
                        awareness and operational control of 
                        the border.
                          (ii) Exception for certain tactical 
                        infrastructure.--The deployment of 
                        tactical infrastructure under this 
                        subparagraph shall not apply in areas 
                        along the border where natural terrain 
                        features, natural barriers, or the 
                        remoteness of such area would make 
                        deployment ineffective, as determined 
                        by the Secretary, for the purposes of 
                        gaining situational awareness or 
                        operational control of such areas.
                  (C) Consultation.--
                          [(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, States, local 
                        governments, Indian tribes, and 
                        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 
                        fencing is to be constructed.]
                          (i) In general.--In carrying out this 
                        section, the Secretary of Homeland 
                        Security shall, before deploying 
                        tactical infrastructure in a specific 
                        area or region, consult with the 
                        Secretary of the Interior, the 
                        Secretary of Agriculture, the Governors 
                        for each State on the southern land 
                        border and northern land border, other 
                        States, local governments, Indian 
                        tribes, representatives of the U.S. 
                        Border Patrol and U.S. Customs and 
                        Border Protection, relevant Federal, 
                        State, local, and tribal agencies that 
                        have jurisdiction on the southern land 
                        border or in the maritime environment 
                        along the southern border, and private 
                        property owners in the United States to 
                        minimize the impact on the environment, 
                        culture, commerce, quality of life for 
                        the communities and residents located 
                        near the sites at which physical 
                        barriers, tactical infrastructure, and 
                        technology are to be constructed.
                          (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 tactical infrastructure and 
                        technology the Secretary has determined 
                        is most practical and effective to 
                        achieve operational control and 
                        situational awareness in a specific 
                        area and the other alternatives the 
                        Secretary considered before making such 
                        a determination.
                          [(ii)] (iii) Savings provision.--
                        Nothing in this subparagraph may be 
                        construed to--
                                  (I) create or negate any 
                                right of action for a State, 
                                local government, or other 
                                person or entity affected by 
                                this subsection; or
                                  (II) affect the eminent 
                                domain laws of the United 
                                States or of any State.
                  (D) Limitation on requirements.--
                Notwithstanding subparagraph (A), nothing in 
                this paragraph shall require the Secretary of 
                Homeland Security to install fencing, physical 
                barriers, roads, lighting, cameras, and sensors 
                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 operational control over 
                the international border at such location.
          (2) Prompt acquisition of necessary easements.--The 
        [Attorney General] Secretary of Homeland Security , 
        acting under the authority conferred in section 103(b) 
        of the Immigration and Nationality Act (as inserted by 
        subsection (d)), shall promptly acquire such easements 
        as may be necessary to carry out this subsection and 
        shall commence [construction of fences] the 
        construction of physical barriers immediately following 
        such acquisition (or conclusion of portions thereof).
          [(3) Safety features.--The Attorney General, while 
        constructing the additional fencing under this 
        subsection, shall incorporate such safety features into 
        the design of the fence system as are necessary to 
        ensure the well-being of border patrol agents deployed 
        within or in near proximity to the system.]
          (3) Agent safety.--In carrying out this section, the 
        Secretary of Homeland Security, when constructing 
        tactical infrastructure, shall incorporate such safety 
        features into the design of such tactical 
        infrastructure 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.
          (4) Authorization of appropriations.--There are 
        authorizedto be appropriated such sums as may be 
        necessary to carry out this subsection. Amounts 
        appropriated under this paragraph are authorized to 
        remain available until expended.
  (c) Waiver.--
          [(1) In general.--Notwithstanding any other provision 
        of law, the Secretary of Homeland Security shall have 
        the authority to waive all legal requirements such 
        Secretary, in such Secretary's sole discretion, 
        determines necessary to ensure expeditious construction 
        of the barriers and roads under this section. Any such 
        decision by the Secretary shall be effective upon being 
        published in the Federal Register.]
          (1) In general.--Notwithstanding any other provision 
        of law, the Secretary of Homeland Security is 
        authorized to waive all legal requirements the 
        Secretary, in the Secretary's sole discretion, 
        determines necessary to ensure the expeditious 
        construction, installation, operation, and maintenance 
        of the tactical infrastructure and technology under 
        this section. Any such decision by the Secretary shall 
        be effective upon publication in the Federal Register.
          (2) Federal court review.--
                  (A) In general.--The district courts of the 
                United States shall have exclusive jurisdiction 
                to hear all causes or claims arising from any 
                action undertaken, or any decision made, by the 
                Secretary of Homeland Security pursuant to 
                paragraph (1). A cause of action or claim may 
                only be brought alleging a violation of the 
                Constitution of the United States. The court 
                shall not have jurisdiction to hear any claim 
                not specified in this subparagraph.
                  (B) Time for filing of complaint.--Any cause 
                or claim brought pursuant to subparagraph (A) 
                shall be filed not later than 60 days after the 
                date of the action or decision made by the 
                Secretary of Homeland Security. A claim shall 
                be barred unless it is filed within the time 
                specified.
                  (C) Ability to seek appellate review.--An 
                interlocutory or final judgment, decree, or 
                order of the district court may be reviewed 
                only upon petition for a writ of certiorari to 
                the Supreme Court of the United States.
  [(d) Omitted--Amends another Act.]
  (e) Construction, Installation, and Maintenance of 
Technology.--Not later than January 20, 2021, the Secretary of 
Homeland Security, in carrying out subsection (a), 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) 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.
          (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) Situational awareness defined.--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).
          (4) Tactical infrastructure.--The term ``tactical 
        infrastructure'' means--
                  (A) boat ramps, access gates, checkpoints, 
                lighting, and roads; and
                  (B) physical barriers (including fencing, 
                border wall system, and levee walls).
          (5) Technology defined.--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.

           *       *       *       *       *       *       *

                              ----------                              


                     HOMELAND SECURITY ACT OF 2002

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Homeland 
Security Act of 2002''.
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

Sec. 1. Short title; table of contents.
     * * * * * * *

         TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY

     * * * * * * *

             Subtitle B--U.S. Customs and Border Protection

     * * * * * * *
Sec. 418. Biometric entry-exit.
     * * * * * * *

                  Subtitle C--Miscellaneous Provisions

     * * * * * * *
Sec. 434. Border security technology program management.
Sec. 435. Integrated Border Enforcement Teams.
     * * * * * * *

                   TITLE XX--HOMELAND SECURITY GRANTS

Sec. 2001. Definitions.

         Subtitle A--Grants to States and High-Risk Urban Areas

     * * * * * * *
Sec. 2009. Operation Stonegarden.
     * * * * * * *

TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY

           *       *       *       *       *       *       *


             Subtitle B--U.S. Customs and Border Protection

SEC. 411. ESTABLISHMENT OF U.S. CUSTOMS AND BORDER PROTECTION; 
                    COMMISSIONER, DEPUTY COMMISSIONER, AND OPERATIONAL 
                    OFFICES.

  (a) In General.--There is established in the Department an 
agency to be known as U.S. Customs and Border Protection.
  (b) Commissioner of U.S. Customs and Border Protection.--
          (1) In general.--There shall be at the head of U.S. 
        Customs and Border Protection a Commissioner of U.S. 
        Customs and Border Protection (in this section referred 
        to as the ``Commissioner'').
          (2) Committee referral.--As an exercise of the 
        rulemaking power of the Senate, any nomination for the 
        Commissioner submitted to the Senate for confirmation, 
        and referred to a committee, shall be referred to the 
        Committee on Finance.
  (c) Duties.--The Commissioner shall--
          (1) coordinate and integrate the security, trade 
        facilitation, and trade enforcement functions of U.S. 
        Customs and Border Protection;
          (2) ensure the interdiction of persons and goods 
        illegally entering or exiting the United States;
          (3) facilitate and expedite the flow of legitimate 
        travelers and trade;
          (4) direct and administer the commercial operations 
        of U.S. Customs and Border Protection, and the 
        enforcement of the customs and trade laws of the United 
        States;
          (5) detect, respond to, and interdict terrorists, 
        drug smugglers and traffickers, human smugglers and 
        traffickers, and other persons who may undermine the 
        security of the United States, in cases in which such 
        persons are entering, or have recently entered, the 
        United States;
          (6) safeguard the borders of the United States to 
        protect against the entry of dangerous goods;
          (7) ensure the overall economic security of the 
        United States is not diminished by efforts, activities, 
        and programs aimed at securing the homeland;
          (8) in coordination with U.S. Immigration and Customs 
        Enforcement and United States Citizenship and 
        Immigration Services, enforce and administer all 
        immigration laws, as such term is defined in paragraph 
        (17) of section 101(a) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)), including--
                  (A) the inspection, processing, and admission 
                of persons who seek to enter or depart the 
                United States; and
                  (B) the detection, interdiction, removal, 
                departure from the United States, short-term 
                detention, and transfer of persons unlawfully 
                entering, or who have recently unlawfully 
                entered, the United States;
          (9) develop and implement screening and targeting 
        capabilities, including the screening, reviewing, 
        identifying, and prioritizing of passengers and cargo 
        across all international modes of transportation, both 
        inbound and outbound;
          (10) in coordination with the Secretary, deploy 
        technology to collect the data necessary for the 
        Secretary to administer the biometric entry and exit 
        data system pursuant to section 7208 of the 
        Intelligence Reform and Terrorism Prevention Act of 
        2004 (8 U.S.C. 1365b);
          (11) enforce and administer the laws relating to 
        agricultural import and entry inspection referred to in 
        section 421;
          (12) in coordination with the Under Secretary for 
        Management of the Department, ensure U.S. Customs and 
        Border Protection complies with Federal law, the 
        Federal Acquisition Regulation, and the Department's 
        acquisition management directives for major acquisition 
        programs of U.S. Customs and Border Protection;
          (13) ensure that the policies and regulations of U.S. 
        Customs and Border Protection are consistent with the 
        obligations of the United States pursuant to 
        international agreements;
          (14) enforce and administer--
                  (A) the Container Security Initiative program 
                under section 205 of the Security and 
                Accountability for Every Port Act of 2006 (6 
                U.S.C. 945); and
                  (B) the Customs-Trade Partnership Against 
                Terrorism program under subtitle B of title II 
                of such Act (6 U.S.C. 961 et seq.);
          (15) conduct polygraph examinations in accordance 
        with section 3(1) of the Anti-Border Corruption Act of 
        2010 (Public Law 111-376; 124 Stat. 4105);
          (16) establish the standard operating procedures 
        described in subsection (k);
          (17) carry out the training required under subsection 
        (l); [and]
          (18) administer the U.S. Customs and Border 
        Protection public private partnerships under subtitle 
        G;
          (19) 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
          [(18)] (20) carry out other duties and powers 
        prescribed by law or delegated by the Secretary.
  (d) Deputy Commissioner.--There shall be in U.S. Customs and 
Border Protection a Deputy Commissioner who shall assist the 
Commissioner in the management of U.S. Customs and Border 
Protection.
  (e) U.S. Border Patrol.--
          (1) In general.--There is established in U.S. Customs 
        and Border Protection the U.S. Border Patrol.
          (2) Chief.--There shall be at the head of the U.S. 
        Border Patrol a Chief, who shall--
                  (A) be at the level of Executive Assistant 
                Commissioner within U.S. Customs and Border 
                Protection; and
                  (B) report to the Commissioner.
          (3) Duties.--The U.S. Border Patrol shall--
                  (A) serve as the law enforcement office of 
                U.S. Customs and Border Protection with primary 
                responsibility for interdicting persons 
                attempting to illegally enter or exit the 
                United States or goods being illegally imported 
                into or exported from the United States at a 
                place other than a designated port of entry;
                  (B) deter and prevent the illegal entry of 
                terrorists, terrorist weapons, persons, and 
                contraband; [and]
                  (C) carry out the small unmanned aerial 
                vehicle requirements pursuant to subsection (f) 
                of section 112 of the Border Security for 
                America Act of 2017; and
                  [(C)] (D) carry out other duties and powers 
                prescribed by the Commissioner.
  (f) Air and Marine Operations.--
          (1) In general.--There is established in U.S. Customs 
        and Border Protection an office known as Air and Marine 
        Operations.
          (2) Executive assistant commissioner.--There shall be 
        at the head of Air and Marine Operations an Executive 
        Assistant Commissioner, who shall report to the 
        Commissioner.
          (3) Duties.--Air and Marine Operations shall--
                  (A) serve as the law enforcement office 
                within U.S. Customs and Border Protection with 
                primary responsibility to detect, interdict, 
                and prevent acts of terrorism and the unlawful 
                movement of people, illicit drugs, and other 
                contraband across the borders of the United 
                States in the air and maritime environment;
                  (B) conduct joint aviation and marine 
                operations with U.S. Immigration and Customs 
                Enforcement;
                  (C) conduct aviation and marine operations 
                with international, Federal, State, and local 
                law enforcement agencies, as appropriate;
                  (D) administer the Air and Marine Operations 
                Center established under paragraph (4); and
                  (E) carry out other duties and powers 
                prescribed by the Commissioner.
          (4) Air and marine operations center.--
                  (A) In general.--There is established in Air 
                and Marine Operations an Air and Marine 
                Operations Center.
                  (B) Executive director.--There shall be at 
                the head of the Air and Marine Operations 
                Center an Executive Director, who shall report 
                to the Executive Assistant Commissioner of Air 
                and Marine Operations.
                  (C) Duties.--The Air and Marine Operations 
                Center shall--
                          (i) manage the air and maritime 
                        domain awareness of the Department, as 
                        directed by the Secretary;
                          (ii) monitor and coordinate the 
                        airspace for unmanned aerial systems 
                        operations of Air and Marine Operations 
                        in U.S. Customs and Border Protection;
                          (iii) detect, identify, and 
                        coordinate a response to threats to 
                        national security in the air domain, in 
                        coordination with other appropriate 
                        agencies, as determined by the 
                        Executive Assistant Commissioner;
                          (iv) provide aviation and marine 
                        support to other Federal, State, 
                        tribal, and local agencies; and
                          (v) carry out other duties and powers 
                        prescribed by the Executive Assistant 
                        Commissioner.
  (g) Office of Field Operations.--
          (1) In general.--There is established in U.S. Customs 
        and Border Protection an Office of Field Operations.
          (2) Executive assistant commissioner.--There shall be 
        at the head of the Office of Field Operations an 
        Executive Assistant Commissioner, who shall report to 
        the Commissioner.
          (3) Duties.--The Office of Field Operations shall 
        coordinate the enforcement activities of U.S. Customs 
        and Border Protection at United States air, land, and 
        sea ports of entry to--
                  (A) deter and prevent terrorists and 
                terrorist weapons from entering the United 
                States at such ports of entry;
                  (B) conduct inspections at such ports of 
                entry to safeguard the United States from 
                terrorism and illegal entry of persons;
                  (C) prevent illicit drugs, agricultural 
                pests, and contraband from entering the United 
                States;
                  (D) in coordination with the Commissioner, 
                facilitate and expedite the flow of legitimate 
                travelers and trade;
                  (E) administer the National Targeting Center 
                established under paragraph (4);
                  (F) coordinate with the Executive Assistant 
                Commissioner for the Office of Trade with 
                respect to the trade facilitation and trade 
                enforcement activities of U.S. Customs and 
                Border Protection; and
                  (G) carry out other duties and powers 
                prescribed by the Commissioner.
          (4) National targeting center.--
                  (A) In general.--There is established in the 
                Office of Field Operations a National Targeting 
                Center.
                  (B) Executive director.--There shall be at 
                the head of the National Targeting Center an 
                Executive Director, who shall report to the 
                Executive Assistant Commissioner of the Office 
                of Field Operations.
                  (C) Duties.--The National Targeting Center 
                shall--
                          (i) serve as the primary forum for 
                        targeting operations within U.S. 
                        Customs and Border Protection to 
                        collect and analyze traveler and cargo 
                        information in advance of arrival in 
                        the United States to identify and 
                        address security risks and strengthen 
                        trade enforcement;
                          (ii) identify, review, and target 
                        travelers and cargo for examination;
                          (iii) coordinate the examination of 
                        entry and exit of travelers and cargo;
                          (iv) develop and conduct commercial 
                        risk assessment targeting with respect 
                        to cargo destined for the United 
                        States;
                          (v) coordinate with the 
                        Transportation Security Administration, 
                        as appropriate;
                          (vi) issue Trade Alerts pursuant to 
                        section 111(b) of the Trade 
                        Facilitation and Trade Enforcement Act 
                        of 2015; and
                          (vii) carry out other duties and 
                        powers prescribed by the Executive 
                        Assistant Commissioner.
          (5) Annual report on staffing.--
                  (A) In general.--Not later than 30 days after 
                the date of the enactment of the Trade 
                Facilitation and Trade Enforcement Act of 2015, 
                and annually thereafter, the Executive 
                Assistant 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 on 
                the staffing model for the Office of Field 
                Operations, including information on how many 
                supervisors, front-line U.S. Customs and Border 
                Protection officers, and support personnel are 
                assigned to each Field Office and port of entry 
                compared to the number indicated by the current 
                fiscal year work flow staffing model .
                  (B) Form.--The report required under 
                subparagraph (A) shall, to the greatest extent 
                practicable, be submitted in unclassified form, 
                but may be submitted in classified form, if the 
                Executive Assistant Commissioner determines 
                that such is appropriate and informs 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 of the 
                reasoning for such.
  (h) Office of Intelligence.--
          (1) In general.--There is established in U.S. Customs 
        and Border Protection an Office of Intelligence.
          (2) Assistant commissioner.--There shall be at the 
        head of the Office of Intelligence an Assistant 
        Commissioner, who shall report to the Commissioner.
          (3) Duties.--The Office of Intelligence shall--
                  (A) develop, provide, coordinate, and 
                implement intelligence capabilities into a 
                cohesive intelligence enterprise to support the 
                execution of the duties and responsibilities of 
                U.S. Customs and Border Protection;
                  (B) manage the counterintelligence operations 
                of U.S. Customs and Border Protection;
                  (C) establish, in coordination with the Chief 
                Intelligence Officer of the Department, as 
                appropriate, intelligence-sharing relationships 
                with Federal, State, local, and tribal agencies 
                and intelligence agencies;
                  (D) conduct risk-based covert testing of U.S. 
                Customs and Border Protection operations, 
                including for nuclear and radiological risks; 
                and
                  (E) carry out other duties and powers 
                prescribed by the Commissioner.
  (i) Office of International Affairs.--
          (1) In general.--There is established in U.S. Customs 
        and Border Protection an Office of International 
        Affairs.
          (2) Assistant commissioner.--There shall be at the 
        head of the Office of International Affairs an 
        Assistant Commissioner, who shall report to the 
        Commissioner.
          (3) Duties.--The Office of International Affairs, in 
        collaboration with the Office of Policy of the 
        Department, shall--
                  (A) coordinate and support U.S. Customs and 
                Border Protection's foreign initiatives, 
                policies, programs, and activities;
                  (B) coordinate and support U.S. Customs and 
                Border Protection's personnel stationed abroad;
                  (C) maintain partnerships and information-
                sharing agreements and arrangements with 
                foreign governments, international 
                organizations, and United States agencies in 
                support of U.S. Customs and Border Protection's 
                duties and responsibilities;
                  (D) provide necessary capacity building, 
                training, and assistance to foreign customs and 
                border control agencies to strengthen border, 
                global supply chain, and travel security, as 
                appropriate;
                  (E) coordinate mission support services to 
                sustain U.S. Customs and Border Protection's 
                global activities;
                  (F) coordinate with customs authorities of 
                foreign countries with respect to trade 
                facilitation and trade enforcement;
                  (G) coordinate U.S. Customs and Border 
                Protection's engagement in international 
                negotiations;
                  (H) advise the Commissioner with respect to 
                matters arising in the World Customs 
                Organization and other international 
                organizations as such matters relate to the 
                policies and procedures of U.S. Customs and 
                Border Protection;
                  (I) advise the Commissioner regarding 
                international agreements to which the United 
                States is a party as such agreements relate to 
                the policies and regulations of U.S. Customs 
                and Border Protection; and
                  (J) carry out other duties and powers 
                prescribed by the Commissioner.
  (j) Office of Professional Responsibility.--
          (1) In general.--There is established in U.S. Customs 
        and Border Protection an Office of Professional 
        Responsibility.
          (2) Assistant commissioner.--There shall be at the 
        head of the Office of Professional Responsibility an 
        Assistant Commissioner, who shall report to the 
        Commissioner.
          (3) Duties.--The Office of Professional 
        Responsibility shall--
                  (A) investigate criminal and administrative 
                matters and misconduct by officers, agents, and 
                other employees of U.S. Customs and Border 
                Protection;
                  (B) manage integrity-related programs and 
                policies of U.S. Customs and Border Protection;
                  (C) conduct research and analysis regarding 
                misconduct of officers, agents, and other 
                employees of U.S. Customs and Border 
                Protection; and
                  (D) carry out other duties and powers 
                prescribed by the Commissioner.
  (k) Standard Operating Procedures.--
          (1) In general.--The Commissioner shall establish--
                  (A) standard operating procedures for 
                searching, reviewing, retaining, and sharing 
                information contained in communication, 
                electronic, or digital devices encountered by 
                U.S. Customs and Border Protection personnel at 
                United States ports of entry;
                  (B) standard use of force procedures that 
                officers and agents of U.S. Customs and Border 
                Protection may employ in the execution of their 
                duties, including the use of deadly force;
                  (C) uniform, standardized, and publicly-
                available procedures for processing and 
                investigating complaints against officers, 
                agents, and employees of U.S. Customs and 
                Border Protection for violations of 
                professional conduct, including the timely 
                disposition of complaints and a written 
                notification to the complainant of the status 
                or outcome, as appropriate, of the related 
                investigation, in accordance with section 552a 
                of title 5, United States Code (commonly 
                referred to as the ``Privacy Act'' or the 
                ``Privacy Act of 1974'');
                  (D) an internal, uniform reporting mechanism 
                regarding incidents involving the use of deadly 
                force by an officer or agent of U.S. Customs 
                and Border Protection, including an evaluation 
                of the degree to which the procedures required 
                under subparagraph (B) were followed; and
                  (E) standard operating procedures, acting 
                through the Executive Assistant Commissioner 
                for Air and Marine Operations and in 
                coordination with the Office for Civil Rights 
                and Civil Liberties and the Office of Privacy 
                of the Department, to provide command, control, 
                communication, surveillance, and reconnaissance 
                assistance through the use of unmanned aerial 
                systems, including the establishment of--
                          (i) a process for other Federal, 
                        State, and local law enforcement 
                        agencies to submit mission requests;
                          (ii) a formal procedure to determine 
                        whether to approve or deny such a 
                        mission request;
                          (iii) a formal procedure to determine 
                        how such mission requests are 
                        prioritized and coordinated; and
                          (iv) a process regarding the 
                        protection and privacy of data and 
                        images collected by U.S. Customs and 
                        Border Protection through the use of 
                        unmanned aerial systems.
          (2) Requirements regarding certain notifications.--
        The standard operating procedures established pursuant 
        to subparagraph (A) of paragraph (1) shall require--
                  (A) in the case of a search of information 
                conducted on an electronic device by U.S. 
                Customs and Border Protection personnel, the 
                Commissioner to notify the individual subject 
                to such search of the purpose and authority for 
                such search, and how such individual may obtain 
                information on reporting concerns about such 
                search; and
                  (B) in the case of information collected by 
                U.S. Customs and Border Protection through a 
                search of an electronic device, if such 
                information is transmitted to another Federal 
                agency for subject matter assistance, 
                translation, or decryption, the Commissioner to 
                notify the individual subject to such search of 
                such transmission.
          (3) Exceptions.--The Commissioner may withhold the 
        notifications required under paragraphs (1)(C) and (2) 
        if the Commissioner determines, in the sole and 
        unreviewable discretion of the Commissioner, that such 
        notifications would impair national security, law 
        enforcement, or other operational interests.
          (4) Update and review.--The Commissioner shall review 
        and update every three years the standard operating 
        procedures required under this subsection.
          (5) Audits.--The Inspector General of the Department 
        of Homeland Security shall develop and annually 
        administer, during each of the three calendar years 
        beginning in the calendar year that begins after the 
        date of the enactment of the Trade Facilitation and 
        Trade Enforcement Act of 2015, an auditing mechanism to 
        review whether searches of electronic devices at or 
        between United States ports of entry are being 
        conducted in conformity with the standard operating 
        procedures required under subparagraph (A) of paragraph 
        (1). Such audits shall be submitted to the Committee on 
        Homeland Security of the House of Representatives and 
        the Committee on Homeland Security and Governmental 
        Affairs of the Senate and shall include the following:
                  (A) A description of the activities of 
                officers and agents of U.S. Customs and Border 
                Protection with respect to such searches.
                  (B) The number of such searches.
                  (C) The number of instances in which 
                information contained in such devices that were 
                subjected to such searches was retained, 
                copied, shared, or entered in an electronic 
                database.
                  (D) The number of such devices detained as 
                the result of such searches.
                  (E) The number of instances in which 
                information collected from such devices was 
                subjected to such searches and was transmitted 
                to another Federal agency, including whether 
                such transmissions resulted in a prosecution or 
                conviction.
          (6) Requirements regarding other notifications.--The 
        standard use of force procedures established pursuant 
        to subparagraph (B) of paragraph (1) shall require--
                  (A) in the case of an incident of the use of 
                deadly force by U.S. Customs and Border 
                Protection personnel, the Commissioner to 
                notify the Committee on Homeland Security of 
                the House of Representatives and the Committee 
                on Homeland Security and Governmental Affairs 
                of the Senate; and
                  (B) the Commissioner to provide to such 
                committees a copy of the evaluation pursuant to 
                subparagraph (D) of such paragraph not later 
                than 30 days after completion of such 
                evaluation.
          (7) Report on unmanned aerial systems.--The 
        Commissioner 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 an annual report, for each of the three 
        calendar years beginning in the calendar year that 
        begins after the date of the enactment of the Trade 
        Facilitation and Trade Enforcement Act of 2015, that 
        reviews whether the use of unmanned aerial systems is 
        being conducted in conformity with the standard 
        operating procedures required under subparagraph (E) of 
        paragraph (1). Such reports--
                  (A) shall be submitted with the annual budget 
                of the United States Government submitted by 
                the President under section 1105 of title 31, 
                United States Code;
                  (B) may be submitted in classified form if 
                the Commissioner determines that such is 
                appropriate; and
                  (C) shall include--
                          (i) a detailed description of how, 
                        where, and for how long data and images 
                        collected through the use of unmanned 
                        aerial systems by U.S. Customs and 
                        Border Protection are collected and 
                        stored; and
                          (ii) a list of Federal, State, and 
                        local law enforcement agencies that 
                        submitted mission requests in the 
                        previous year and the disposition of 
                        such requests.
  [(l) Training.--The Commissioner shall require all officers 
and agents of U.S. Customs and Border Protection to participate 
in a specified amount of continuing education (to be determined 
by the Commissioner) to maintain an understanding of Federal 
legal rulings, court decisions, and departmental policies, 
procedures, and guidelines.]
  (l) Training and Continuing Education.--
          (1) Mandatory training and continuing education.--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.
  (m) Short-term Detention Standards.--
          (1) Access to food and water.--The Commissioner shall 
        make every effort to ensure that adequate access to 
        food and water is provided to an individual apprehended 
        and detained at a United States port of entry or 
        between ports of entry as soon as practicable following 
        the time of such apprehension or during subsequent 
        short-term detention.
          (2) Access to information on detainee rights at 
        border patrol processing centers.--
                  (A) In general.--The Commissioner shall 
                ensure that an individual apprehended by a U.S. 
                Border Patrol agent or an Office of Field 
                Operations officer is provided with information 
                concerning such individual's rights, including 
                the right to contact a representative of such 
                individual's government for purposes of United 
                States treaty obligations.
                  (B) Form.--The information referred to in 
                subparagraph (A) may be provided either 
                verbally or in writing, and shall be posted in 
                the detention holding cell in which such 
                individual is being held. The information shall 
                be provided in a language understandable to 
                such individual.
          (3) Short-term detention defined.--In this 
        subsection, the term ``short-term detention'' means 
        detention in a U.S. Customs and Border Protection 
        processing center for 72 hours or less, before 
        repatriation to a country of nationality or last 
        habitual residence.
          (4) Daytime repatriation.--When practicable, 
        repatriations shall be limited to daylight hours and 
        avoid locations that are determined to have high 
        indices of crime and violence.
          (5) Report on procurement process and standards.--Not 
        later than 180 days after the date of the enactment of 
        the Trade Facilitation and Trade Enforcement Act of 
        2015, the Comptroller General of the United States 
        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 on the procurement process and 
        standards of entities with which U.S. Customs and 
        Border Protection has contracts for the transportation 
        and detention of individuals apprehended by agents or 
        officers of U.S. Customs and Border Protection. Such 
        report should also consider the operational efficiency 
        of contracting the transportation and detention of such 
        individuals.
          (6) Report on inspections of short-term custody 
        facilities.--The Commissioner shall--
                  (A) annually inspect all facilities utilized 
                for short-term detention; and
                  (B) make publicly available information 
                collected pursuant to such inspections, 
                including information regarding the 
                requirements under paragraphs (1) and (2) and, 
                where appropriate, issue recommendations to 
                improve the conditions of such facilities.
  (n) Wait Times Transparency.--
          (1) In general.--The Commissioner shall--
                  (A) publish live wait times for travelers 
                entering the United States at the 20 United 
                States airports that support the highest volume 
                of international travel (as determined by 
                available Federal flight data);
                  (B) make information about such wait times 
                available to the public in real time through 
                the U.S. Customs and Border Protection website;
                  (C) 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, for 
                each of the five calendar years beginning in 
                the calendar year that begins after the date of 
                the enactment of the Trade Facilitation and 
                Trade Enforcement Act of 2015, a report that 
                includes compilations of all such wait times 
                and a ranking of such United States airports by 
                wait times; and
                  (D) provide adequate staffing at the U.S. 
                Customs and Border Protection information 
                center to ensure timely access for travelers 
                attempting to submit comments or speak with a 
                representative about their entry experiences.
          (2) Calculation.--The wait times referred to in 
        paragraph (1)(A) shall be determined by calculating the 
        time elapsed between an individual's entry into the 
        U.S. Customs and Border Protection inspection area and 
        such individual's clearance by a U.S. Customs and 
        Border Protection officer.
  (o) Other Authorities.--
          (1) In general.--The Secretary may establish such 
        other offices or positions of Assistant Commissioners 
        (or other similar officers or officials) as the 
        Secretary determines necessary to carry out the 
        missions, duties, functions, and authorities of U.S. 
        Customs and Border Protection.
          (2) Notification.--If the Secretary exercises the 
        authority provided under paragraph (1), the Secretary 
        shall notify 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 not later than 30 days before exercising 
        such authority.
  (p) Reports to Congress.--The Commissioner shall, on and 
after the date of the enactment of the Trade Facilitation and 
Trade Enforcement Act of 2015, continue to 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 any report required, on the day before 
such date of enactment, to be submitted under any provision of 
law.
  (q) Other Federal Agencies.--Nothing in this section may be 
construed as affecting in any manner the authority, existing on 
the day before the date of the enactment of the Trade 
Facilitation and Trade Enforcement Act of 2015, of any other 
Federal agency or component of the Department.
  (r) Definitions.--In this section, the terms ``commercial 
operations'', ``customs and trade laws of the United States'', 
``trade enforcement'', and ``trade facilitation'' have the 
meanings given such terms in section 2 of the Trade 
Facilitation and Trade Enforcement Act of 2015.

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SEC. 418. 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 Act 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; and
                  (I) a consideration of how other countries 
                have implemented a biometric exit data system; 
                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 for non-
        pedestrian outbound traffic.--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 for non-pedestrian 
        outbound traffic.--
                  (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, 
                and such system shall apply only in the case of 
                non-pedestrian outbound traffic.
                  (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.
          (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.
          (4) At land ports of entry for pedestrians.--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, and such system 
        shall apply only in the case of pedestrians.
  (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 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.
  (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 U.S. Customs and Border Protection 
by the Canadian Border Services Agency pursuant to the 2011 
Beyond the Border agreement.
  (k) Fair and Open Competition.--The Secretary shall procure 
goods and services to implement this section via fair and open 
competition in accordance with the Federal Acquisition 
Regulations.
  (l) Other Biometric Initiatives.--The Secretary may pursue 
biometric initiatives at air, land, and sea ports of entry for 
the purposes of border security and trade facilitation distinct 
from the biometric exit data system described 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).

Subtitle C--Miscellaneous Provisions

           *       *       *       *       *       *       *


SEC. 434. 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 2017 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.

SEC. 435. 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.
  (g) Report.--Not later than 180 days after the date on which 
an IBET is established and biannually thereafter for the 
following six years, the Secretary shall submit to the 
appropriate congressional committees, including 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.

           *       *       *       *       *       *       *


TITLE XX--HOMELAND SECURITY GRANTS

           *       *       *       *       *       *       *


         Subtitle A--Grants to States and High-Risk Urban Areas

SEC. 2002. HOMELAND SECURITY GRANT PROGRAMS.

  [(a) Grants Authorized.--The Secretary, through the 
Administrator, may award grants under sections 2003 and 2004 to 
State, local, and tribal governments.]
  (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.
  (b) Programs Not Affected.--This subtitle shall not be 
construed to affect any of the following Federal programs:
          (1) Firefighter and other assistance programs 
        authorized under the Federal Fire Prevention and 
        Control Act of 1974 (15 U.S.C. 2201 et seq.).
          (2) Grants authorized under the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 
        5121 et seq.).
          (3) Emergency Management Performance Grants under the 
        amendments made by title II of the Implementing 
        Recommendations of the 9/11 Commission Act of 2007.
          (4) Grants to protect critical infrastructure, 
        including port security grants authorized under section 
        70107 of title 46, United States Code, and the grants 
        authorized under title XIV and XV of the Implementing 
        Recommendations of the 9/11 Commission Act of 2007 and 
        the amendments made by such titles.
          (5) The Metropolitan Medical Response System 
        authorized under section 635 of the Post-Katrina 
        Emergency Management Reform Act of 2006 (6 U.S.C. 723).
          (6) The Interoperable Emergency Communications Grant 
        Program authorized under title XVIII.
          (7) Grant programs other than those administered by 
        the Department.
  (c) Relationship to Other Laws.--
          (1) In general.--The grant programs authorized under 
        sections 2003 and 2004 shall supercede all grant 
        programs authorized under section 1014 of the USA 
        PATRIOT Act (42 U.S.C. 3714).
          (2) Allocation.--The allocation of grants authorized 
        under section 2003 or 2004 shall be governed by the 
        terms of this subtitle and not by any other provision 
        of law.

           *       *       *       *       *       *       *


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 
        2017 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 the fiscal years 2018 through 2022, 
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 the fiscal years 2018 
through 2022 for grants under this section.

           *       *       *       *       *       *       *

                              ----------                              


                 PRECLEARANCE AUTHORIZATION ACT OF 2015



           *       *       *       *       *       *       *
TITLE VIII--MATTERS RELATING TO U.S. CUSTOMS AND BORDER PROTECTION

           *       *       *       *       *       *       *


Subtitle B--Preclearance Operations

           *       *       *       *       *       *       *


SEC. 814. NOTIFICATION AND CERTIFICATION TO CONGRESS.

  (a) Initial Notification.--Not later than 60 days before an 
agreement with the government of a foreign country to establish 
U.S. Customs and Border Protection preclearance operations in 
such foreign country enters into force, the Secretary shall 
provide the appropriate congressional committees with--
          (1) a copy of the agreement to establish such 
        preclearance operations, which shall include--
                  (A) the identification of the foreign country 
                with which U.S. Customs and Border Protection 
                intends to enter into a preclearance agreement;
                  (B) the location at which such preclearance 
                operations will be conducted; and
                  (C) the terms and conditions for U.S. Customs 
                and Border Protection personnel operating at 
                the location;
          (2) an assessment of the impact such preclearance 
        operations will have on legitimate trade and travel, 
        including potential impacts on passengers traveling to 
        the United States;
          (3) an assessment of the impacts such preclearance 
        operations will have on U.S. Customs and Border 
        Protection domestic port of entry staffing;
          (4) country-specific information on the anticipated 
        homeland security benefits associated with establishing 
        such preclearance operations;
          (5) information on potential security vulnerabilities 
        associated with commencing such preclearance operations 
        and mitigation plans to address such potential security 
        vulnerabilities;
          (6) a U.S. Customs and Border Protection staffing 
        model for such preclearance operations and plans for 
        how such positions would be filled; and
          (7) information on the anticipated costs over the 5 
        fiscal years after the agreement enters into force 
        associated with commencing such preclearance 
        operations.
  (b) Further Notification Relating to Preclearance Operations 
Established at Airports.--Not later than 45 days before an 
agreement with the government of a foreign country to establish 
U.S. Customs and Border Protection preclearance operations at 
an airport in such country enters into force, the Secretary, in 
addition to complying with the notification requirements under 
subsection (a), shall provide the appropriate congressional 
committees with--
          (1) an estimate of the date on which U.S. Customs and 
        Border Protection intends to establish preclearance 
        operations under such agreement, including any pending 
        caveats that must be resolved before preclearance 
        operations are approved;
          (2) the anticipated funding sources for preclearance 
        operations under such agreement, and other funding 
        sources considered;
          (3) a homeland security threat assessment for the 
        country in which such preclearance operations are to be 
        established;
          (4) information on potential economic, competitive, 
        and job impacts on United States air carriers 
        associated with establishing such preclearance 
        operations;
          (5) details on information sharing mechanisms to 
        ensure that U.S. Customs and Border Protection has 
        current information to prevent terrorist and criminal 
        travel; and
          (6) other factors that the Secretary determines to be 
        necessary for Congress to comprehensively assess the 
        appropriateness of commencing such preclearance 
        operations.
  (c) Certifications Relating to Preclearance Operations 
Established at Airports.--Not later than 60 days before an 
agreement with the government of a foreign country to establish 
U.S. Customs and Border Protection preclearance operations at 
an airport in such country enters into force, the Secretary, in 
addition to complying with the notification requirements under 
subsections (a) and (b), shall provide the appropriate 
congressional committees with--
          (1) a certification that preclearance operations 
        under such preclearance agreement, after considering 
        alternative options, would provide homeland security 
        benefits to the United States through the most 
        effective means possible;
          (2) a certification that preclearance operations 
        within such foreign country will be established under 
        such agreement only if--
                  (A) at least one United States passenger 
                carrier operates at such airport; and
                  (B) any United States passenger carriers 
                operating at such airport and desiring to 
                participate in preclearance operations are 
                provided access that is comparable to that of 
                any non-United States passenger carrier 
                operating at that airport;
          (3) a certification that the establishment of 
        preclearance operations in such foreign country will 
        not significantly increase customs processing times at 
        United States airports;
          (4) a certification that representatives from U.S. 
        Customs and Border Protection consulted with 
        stakeholders, including providers of commercial air 
        service in the United States, employees of such 
        providers, security experts, and such other parties as 
        the Secretary determines to be appropriate; and
          (5) a report detailing the basis for the 
        certifications referred to in paragraphs (1) through 
        (4).
  (d) Amendment of Existing Agreements.--Not later than 30 days 
before a substantially amended preclearance agreement with the 
government of a foreign country in effect as of the date of the 
enactment of this Act enters into force, the Secretary shall 
provide to the appropriate congressional committees--
          (1) a copy of the agreement, as amended; and
          (2) the justification for such amendment.
  (e) Implementation Plan.--
          (1) In general.--The Commissioner shall report to the 
        appropriate congressional committees, on a quarterly 
        basis--
                  (A) the number of U.S. Customs and Border 
                Protection officers, by port, assigned from 
                domestic ports of entry to preclearance 
                operations; and
                  [(B) the number of the positions at domestic 
                ports of entry vacated by U.S. Customs and 
                Border Protection officers described in 
                subparagraph (A) that have been filled by other 
                hired, trained, and equipped U.S. Customs and 
                Border Protection officers.]
                  (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.
          (2) Submission.--If the Commissioner has not filled 
        the positions of U.S. Customs and Border Protection 
        officers that were reassigned to preclearance 
        operations and determines that U.S. Customs and Border 
        Protection processing times at domestic ports of entry 
        from which U.S. Customs and Border Protection officers 
        were reassigned to preclearance operations have 
        significantly increased, the Commissioner, not later 
        than 60 days after making such a determination, shall 
        submit to the appropriate congressional committees an 
        implementation plan for reducing processing times at 
        the domestic ports of entry with such increased 
        processing times.
          (3) Suspension.--If the Commissioner does not submit 
        the implementation plan described in paragraph (2) to 
        the appropriate congressional committees before the 
        deadline set forth in such paragraph, the Commissioner 
        may not commence preclearance operations at an 
        additional port of entry in any country until such 
        implementation plan is submitted.
  (f) Classified Report.--The report required under subsection 
(c)(5) may be submitted in classified form if the Secretary 
determines that such form is appropriate.

           *       *       *       *       *       *       *

                              ----------                              


       ENHANCED BORDER SECURITY AND VISA ENTRY REFORM ACT OF 2002



           *       *       *       *       *       *       *
                            TITLE I--FUNDING

SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR HIRING AND TRAINING 
                    GOVERNMENT PERSONNEL.

  (a) Additional Personnel.--
          (1) INS inspectors.--Subject to the availability of 
        appropriations, during each of the fiscal years 2003 
        through 2006, the Attorney General shall increase the 
        number of inspectors and associated support staff in 
        the Immigration and Naturalization Service by the 
        equivalent of at least 200 full-time employees over the 
        number of inspectors and associated support staff in 
        the Immigration and Naturalization Service authorized 
        by the USA PATRIOT Act.
          (2) INS investigative personnel.--Subject to the 
        availability of appropriations, during each of the 
        fiscal years 2003 through 2006, the Attorney General 
        shall increase the number of investigative and 
        associated support staff of the Immigration and 
        Naturalization Service by the equivalent of at least 
        200 full-time employees over the number of 
        investigators and associated support staff in the 
        Immigration and Naturalization Service authorized by 
        the USA PATRIOT Act.
          (3) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as may be 
        necessary to carry out this subsection, including such 
        sums as may be necessary to provide facilities, 
        attorney personnel and support staff, and other 
        resources needed to support the increased number of 
        inspectors, investigative staff, and associated support 
        staff.
  [(b) Authorization of Appropriations for INS Staffing.--
          [(1) In general.--There are authorized to be 
        appropriated for the Department of Justice such sums as 
        may be necessary to provide an increase in the annual 
        rate of basic pay effective October 1, 2002--
                  [(A) for all journeyman Border Patrol agents 
                and inspectors who have completed at least one 
                year's service and are receiving an annual rate 
                of basic pay for positions at GS-9 of the 
                General Schedule under section 5332 of title 5, 
                United States Code, from the annual rate of 
                basic pay payable for positions at GS-9 of the 
                General Schedule under such section 5332, to an 
                annual rate of basic pay payable for positions 
                at GS-11 of the General Schedule under such 
                section 5332;
                  [(B) for inspections assistants, from the 
                annual rate of basic pay payable for positions 
                at GS-5 of the General Schedule under section 
                5332 of title 5, United States Code, to an 
                annual rate of basic pay payable for positions 
                at GS-7 of the General Schedule under such 
                section 5332; and
                  [(C) for the support staff associated with 
                the personnel described in subparagraphs (A) 
                and (B), at the appropriate GS level of the 
                General Schedule under such section 5332.]
  (b) Authorization of Appropriations for CBP Employees.--There 
are authorized to be appropriated to U.S. Customs and Border 
Protection such sums as may be necessary to increase, effective 
January 1, 2018, the annual rate of basic pay for U.S. Customs 
and Border Protection employees who have completed at least one 
year of service--
          (1) to the annual rate of basic pay payable for 
        positions at GS-12, step 1 of the General Schedule 
        under subchapter III of chapter 53 of title 5, United 
        States Code, for officers and agents who are receiving 
        the annual rate of basic pay payable for a position at 
        GS-5, GS-6, GS-7, GS-8, or GS-9 of the General 
        Schedule;
          (2) to the annual rate of basic pay payable for 
        positions at GS-12, step 10 of the General Schedule 
        under such subchapter for supervisory CBP officers and 
        supervisory agents who are receiving the annual rate of 
        pay payable for a position at GS-10 of the General 
        Schedule;
          (3) to the annual rate of basic pay payable for 
        positions at GS-14, step 1 of the General Schedule 
        under such subchapter for supervisory CBP officers and 
        supervisory agents who are receiving the annual rate of 
        pay payable for a position at GS-11 of the General 
        Schedule;
          (4) to the annual rate of basic pay payable for 
        positions at GS-12, step 10 of the General Schedule 
        under such subchapter for supervisory CBP officers and 
        supervisory Border Patrol agents who are receiving the 
        annual rate of pay payable for a position at GS-12 or 
        GS-13 of the General Schedule; and
          (5) to the annual rate of basic pay payable for 
        positions at GS-8, GS-9, or GS-10 of the General 
        Schedule for assistants who are receiving an annual 
        rate of pay payable for positions at GS-5, GS-6, or GS-
        7 of the General Schedule, respectively.
  (c) Authorization of Appropriations for Training.--There are 
authorized to be appropriated such sums as may be necessary--
          (1) to appropriately train Immigration and 
        Naturalization Service personnel on an ongoing basis--
                  (A) to ensure that their proficiency levels 
                are acceptable to protect the borders of the 
                United States; and
                  (B) otherwise to enforce and administer the 
                laws within their jurisdiction;
          (2) to provide adequate continuing cross-training to 
        agencies staffing the United States border and ports of 
        entry to effectively and correctly apply applicable 
        United States laws;
          (3) to fully train immigration officers to use the 
        appropriate lookout databases and to monitor passenger 
        traffic patterns; and
          (4) to expand the Carrier Consultant Program 
        described in section 235(b) of the Immigration and 
        Nationality Act (8 U.S.C. 1225A(b)).
  (d) Authorization of Appropriations for Consular Functions.--
          (1) Responsibilities.--The Secretary of State shall--
                  (A) implement enhanced security measures for 
                the review of visa applicants;
                  (B) staff the facilities and programs 
                associated with the activities described in 
                subparagraph (A); and
                  (C) provide ongoing training for consular 
                officers and diplomatic security agents.
          (2) Authorization of appropriations.--There are 
        authorized to be appropriated for the Department of 
        State such sums as may be necessary to carry out 
        paragraph (1).

           *       *       *       *       *       *       *

                              ----------                              


                        ACT OF FEBRUARY 13, 1911

 AN ACT To provide for the lading or unlading of vessels at night, the 
         preliminary entry of vessels, and for other purposes.



           *       *       *       *       *       *       *
SEC. 5. OVERTIME AND PREMIUM PAY FOR CUSTOMS OFFICERS.

  (a) Overtime pay.--
          (1) In general.--Subject to paragraph (2) and 
        subsection (c), a customs officer who is officially 
        assigned to perform work in excess of 40 hours in the 
        administrative workweek of the officer or in excess of 
        8 hours in a day shall be compensated for that work at 
        an hourly rate of pay that is equal to 2 times the 
        hourly rate of the basic pay of the officer. For 
        purposes of this paragraph, the hourly rate of basic 
        pay for a customs officer does not include any premium 
        pay provided for under subsection (b).
          (2) Special provisions relating to overtime work on 
        callback basis.--
                  (A) Minimum duration.--Any work for which 
                compensation is authorized under paragraph (1) 
                and for which the customs officer is required 
                to return to the officer's place of work shall 
                be treated as being not less than 2 hours in 
                duration; but only if such work begins at least 
                1 hour after the end of any previous regularly 
                scheduled work assignment and ends at least 1 
                hour before the beginning of the following 
                regularly scheduled work assignment.
                  (B) Compensation for commuting time.--
                          (i) In general.--Except as provided 
                        in clause (ii), in addition to the 
                        compensation authorized under paragraph 
                        (1) for work to which subparagraph (A) 
                        applies, the customs officer is 
                        entitled to be paid, as compensation 
                        for commuting time, an amount equal to 
                        3 times the hourly rate of basic pay of 
                        the officer.
                          (ii) Exception.--Compensation for 
                        commuting time is not payable under 
                        clause (i) if the work for which 
                        compensation is authorized under 
                        paragraph (1)--
                                  (I) does not commence within 
                                16 hours of the customs 
                                officer's last regularly 
                                scheduled work assignment, or
                                  (II) commences within 2 hours 
                                of the next regularly scheduled 
                                work assignment of the customs 
                                officer.
  (b) Premium Pay for Customs Officers.--
          (1) Night work differential.--
                  (A) 3 p.m. to midnight shiftwork.--If the 
                majority of the hours of regularly scheduled 
                work of a customs officer occurs during the 
                period beginning at 3 p.m. and ending at 12 
                a.m., the officer is entitled to pay for work 
                during such period (except for work to which 
                paragraph (2) or (3) applies) at the officer's 
                hourly rate of basic pay plus premium pay 
                amounting to 15 percent of that basic rate.
                  (B) 11 p.m. to 8 a.m. shiftwork.--If the 
                majority of the hours of regularly scheduled 
                work of a customs officer occurs during the 
                period beginning at 11 p.m. and ending at 8 
                a.m., the officer is entitled to pay for work 
                during such period (except for work to which 
                paragraph (2) or (3) applies) at the officer's 
                hourly rate of basic pay plus premium pay 
                amounting to 20 percent of that basic rate.
                  (C) 7:30 p.m. to 3:30 a.m. shiftwork.--If the 
                regularly scheduled work assignment of a 
                customs officer is 7:30 p.m. to 3:30 a.m., the 
                officer is entitled to pay for work during such 
                period (except for work to which paragraph (2) 
                or (3) applies) at the officer's hourly rate of 
                basic pay plus premium pay amounting to 15 
                percent of that basic rate for the period from 
                7:30 p.m. to 11:30 p.m. and at the officer's 
                hourly rate of basic pay plus premium pay 
                amounting to 20 percent of that basic rate for 
                the period from 11:30 p.m. to 3:30 a.m.
          (2) Sunday differential.--A customs officer who 
        performs any regularly scheduled work on a Sunday that 
        is not a holiday is entitled to pay for that work at 
        the officer's hourly rate of basic pay plus premium pay 
        amounting to 50 percent of that basic rate.
          (3) Holiday differential.--A customs officer who 
        performs any regularly scheduled work on a holiday is 
        entitled to pay for that work at the officer's hourly 
        rate of basic pay plus premium pay amounting to 100 
        percent of that basic rate.
          (4) Treatment of premium pay.--Premium pay provided 
        for under this subsection may not be treated as being 
        overtime pay or compensation for any purpose.
  (c) Limitations.--
          (1) Fiscal year cap.--The aggregate of overtime pay 
        under subsection (a) (including commuting compensation 
        under subsection (a)(2)(B)) and premium pay under 
        subsection (b) that a customs officer may be paid in 
        any fiscal year may not exceed [$25,000] $45,000 ; 
        except that the Commissioner of Customs or his designee 
        may waive this limitation in individual cases in order 
        to prevent excessive costs or to meet emergency 
        requirements of the Customs Service.
          (2) Exclusivity of pay under this section.--A customs 
        officer who receives overtime pay under subsection (a) 
        or premium pay under subsection (b) for time worked may 
        not receive pay or other compensation for that work 
        under any other provision of law.
  (d) Regulation.--The Secretary of the Treasury shall 
promulgate regulations to prevent--
          (1) abuse of callback work assignments and commuting 
        time compensation authorized under subsection (a)(2); 
        and
          (2) the disproportionately more frequent assignment 
        of overtime work to customs officers who are near to 
        retirement.
  (e) Definitions.--As used in this section:
          (1) The term ``customs officer'' means an individual 
        performing those functions specified by regulation by 
        the Secretary of the Treasury for a customs inspector 
        or canine enforcement officer. Such functions shall be 
        consistent with such applicable standards as may be 
        promulgated by the Office of Personnel Management.
          (2) The term ``holiday'' means any day designated as 
        a holiday under a Federal statute or Executive order.
                              ----------                              


                   ANTI-BORDER CORRUPTION ACT OF 2010



           *       *       *       *       *       *       *
SEC. 3. REQUIREMENTS WITH RESPECT TO ADMINISTERING POLYGRAPH 
                    EXAMINATIONS TO LAW ENFORCEMENT PERSONNEL OF U.S. 
                    CUSTOMS AND BORDER PROTECTION.

  (a) In General.--The Secretary of Homeland Security shall 
ensure that--
          (1) by not later than 2 years after the date of the 
        enactment of this Act, all applicants for law 
        enforcement positions with U.S. Customs and Border 
        Protection (except as provided in subsection (b)) 
        receive polygraph examinations before being hired for 
        such a position; and
          (2) by not later than 180 days after the date of the 
        enactment of this Act, U.S. Customs and Border 
        Protection initiates all periodic background 
        reinvestigations for all law enforcement personnel of 
        U.S. Customs and Border Protection that should receive 
        periodic background reinvestigations pursuant to 
        relevant policies of U.S. Customs and Border Protection 
        in effect on the day before the date of the enactment 
        of this Act.
  [(b) Waiver.--The Commissioner of U.S. Customs and Border 
Protection may waive the polygraph examination requirement 
under subsection (a)(1) for any applicant who--
          [(1) is deemed suitable for employment;
          [(2) holds a current, active Top Secret/Sensitive 
        Compartmented Information Clearance;
          [(3) has a current Single Scope Background 
        Investigation;
          [(4) was not granted any waivers to obtain his or her 
        clearance; and
          [(5) is a veteran (as defined in section 2108 of 
        title 5, United States Code).]
  (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 2017.

[SEC. 4. PROGRESS REPORT.

  [Not later than 180 days after the date of the enactment of 
this Act, and every 180 days thereafter through the date that 
is 2 years after such date of enactment, the Secretary of 
Homeland Security 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 on the progress made by U.S. Customs and Border 
Protection toward complying with section 3.]

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.

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).

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.

                        Committee Correspondence

                          House of Representatives,
                              Committee on Foreign Affairs,
                                 Washington, DC, November 14, 2017.
Hon. Michael McCaul,
Chairman, House Committee on Homeland Security,
Washington, DC.
    Dear Chairman McCaul: Thank you for consulting with the 
Committee on Foreign Affairs on H.R. 3548, the Border Security 
for America Act of 2017, and for agreeing to remove the section 
within Foreign Affairs jurisdiction (entitled ``Merida 
Initiative'') from the bill prior to House floor consideration.
    I agree that the Foreign Affairs Committee may be 
discharged from further action on this bill so that it may 
proceed expeditiously to the Floor, subject to the 
understanding that this waiver does not in any way diminish or 
alter the jurisdiction of the Foreign Affairs Committee, or 
prejudice its jurisdictional prerogatives on this bill or 
similar legislation in the future. The Committee also reserves 
the right to seek an appropriate number of conferees to any 
House-Senate conference involving this bill, and would 
appreciate your support for any such request.
    I ask that you place our exchange of letters into the 
Congressional Record during floor consideration of the bill. I 
appreciate your cooperation regarding this legislation and look 
forward to continuing to work with you as this measure moves 
through the legislative process.
            Sincerely,
                                           Edward R. Royce,
                                                          Chairman.
                              ----------                              --
--------

                          House of Representatives,
                            Committee on Homeland Security,
                                 Washington, DC, November 14, 2017.
Hon. Edward R. Royce,
Chairman, Committee on Foreign Affairs,
Washington, DC.
    Dear Chairman Royce: Thank you for your letter regarding 
H.R. 3548, the ``Border Security for America Act of 2017.'' I 
appreciate your support in bringing this legislation before the 
House of Representatives, and accordingly, understand that the 
Committee on Foreign Affairs will forego further consideration 
of the bill.
    The Committee on Homeland Security concurs with the mutual 
understanding that by foregoing consideration of this bill at 
this time; the Committee on Foreign Affairs does not waive any 
jurisdiction over the subject matter contained in this 
legislation in the future. In addition, should a conference on 
this bill be necessary, I would support your request to have 
the Committee represented on the conference committee. Finally, 
the Committee on Homeland Security agrees that Section 119 of 
the bill will be removed prior to its consideration on the 
House floor.
    I will insert copies of this exchange in the report on the 
bill and in the Congressional Record during consideration of 
this bill on the House floor. I thank you for your cooperation 
in this matter.
            Sincerely,
                                         Michael T. McCaul,
                                                          Chairman.
                              ----------                              --
--------

                          House of Representatives,
                            Committee on Natural Resources,
                                  Washington, DC, October 17, 2017.
Hon. Michael T. McCaul,
Chairman, Committee on Homeland Security,
Washington, DC.
    Dear Mr. Chairman: I write concerning H.R. 3548, the Border 
Security for America Act of 2017, which was additionally 
referred to the Committee on Natural Resources.
    In the interest of permitting you to proceed expeditiously 
to floor consideration, I will allow the Committee on Natural 
Resources to be discharged from further consideration of the 
bill. I do so with the understanding that the Committee does 
not waive any jurisdictional claim over the subject matter 
contained in the bill that fall within its Rule X jurisdiction. 
I also request that you support my request to name members of 
the Committee on Natural Resources to any conference committee 
to consider such provisions. Finally, please include this 
letter in the report on the bill and into the Congressional 
Record during consideration of the measure on the House floor.
    Thank you again for the very cooperative spirit in which 
you and your staff have worked regarding many issues of shared 
interest over the Congress.
            Sincerely,
                                                Rob Bishop,
                                                          Chairman.
                              ----------                              --
--------

                          House of Representatives,
                            Committee on Homeland Security,
                                  Washington, DC, October 18, 2017.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
Washington, DC.
    Dear Chairman Bishop: Thank you for your letter regarding 
H.R. 3548, the ``Border Security for America Act of 2017.'' I 
appreciate your support in bringing this legislation before the 
House of Representatives, and accordingly, understand that the 
Committee on Natural Resources will forego further 
consideration of the bill.
    The Committee on Homeland Security concurs with the mutual 
understanding that by foregoing consideration of this bill at 
this time, the Committee on Natural Resources does not waive 
any jurisdiction over the subject matter contained in this bill 
or similar legislation in the future. In addition, should a 
conference on this bill be necessary, I would support your 
request to have the Committee represented on the conference 
committee.
    I will insert copies of this exchange in the report on the 
bill and in the Congressional Record during consideration of 
this bill on the House floor. I thank you for your cooperation 
in this matter.
            Sincerely,
                                         Michael T. McCaul,
                                                          Chairman.
                              ----------                              --
--------

                          House of Representatives,
                                  Committee on Agriculture,
                                 Washington, DC, November 15, 2017.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
Washington, DC.
    Dear Mr. McCaul: I am writing concerning H.R. 3548, Border 
Security for America Act of 2017.
    This legislation contains provisions within the Committee 
on Agriculture's Rule X jurisdiction. As a result of your 
having consulted with the Committee and in order to expedite 
this bill for floor consideration, the Committee on Agriculture 
will forego action on the bill. This is being done on the basis 
of our mutual understanding that doing so will in no way 
diminish or alter the jurisdiction of the Committee on 
Agriculture with respect to the appointment of conferees, or to 
any future jurisdictional claim over the subject matters 
contained in the bill or similar legislation.
    I would appreciate your response to this letter confirming 
this understanding, and would request that you include a copy 
of this letter and your response in the Committee Report and in 
the Congressional Record during the floor consideration of this 
bill. Thank you in advance for your cooperation.
            Sincerely,
                                        K. Michael Conaway,
                                                          Chairman.
                              ----------                              --
--------

                          House of Representatives,
                            Committee on Homeland Security,
                                  Washington, DC, December 7, 2017.
Hon. K. Michael Conaway,
Chairman, Committee on Agriculture,
Washington, DC.
    Dear Chairman Conaway: Thank you for your letter regarding 
H.R. 3548, the ``Border Security for America Act of 2017.'' I 
appreciate your support in bringing this legislation before the 
House of Representatives, and accordingly, understand that the 
Committee on Agriculture will forego further consideration of 
the bill.
    The Committee on Homeland Security concurs with the mutual 
understanding that by foregoing consideration of this bill at 
this time, the Committee on Agriculture does not waive any 
jurisdiction over the subject matter contained in this bill or 
similar legislation in the future. In addition, should a 
conference on this bill be necessary, I would support your 
request to have the Committee represented on the conference 
committee.
    I will insert copies of this exchange in the report on the 
bill and in the Congressional Record during consideration of 
this bill on the House floor. I thank you for your cooperation 
in this matter.
            Sincerely,
                                         Michael T. McCaul,
                                                          Chairman.
                              ----------                              --
--------

                          House of Representatives,
            Committee on Transportation and Infrastructure,
                                  Washington, DC, December 7, 2017.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
Washington, DC.
    Dear Chairman McCaul: I write concerning H.R. 3548, the 
Border Security for America Act of 2017. This legislation 
includes matters that fall within the Rule X jurisdiction of 
the Committee on Transportation and Infrastructure.
    I recognize and appreciate your desire to bring this 
legislation before the House of Representatives in an 
expeditious manner, and accordingly, the Committee on 
Transportation and Infrastructure will forego action on the. 
bill. However, this is conditional on our mutual understanding 
that foregoing consideration of the bill does not prejudice the 
Committee with respect to the appointment of conferees or to 
any future jurisdictional claim over the subject matters 
contained in the bill or similar legislation that fall within 
the Committee's Rule X jurisdiction. Further, this is 
conditional on our understanding that mutually agreed upon 
changes to the legislation will be incorporated into the bill 
prior to floor consideration. Lastly, should a conference on 
the bill be necessary, I request your support for the 
appointment of conferees from the Committee on Transportation 
and Infrastructure during any House-Senate conference convened 
on this or related legislation.
    I would ask that a copy of this letter and your response 
acknowledging our jurisdictional interest as well as the 
mutually agreed upon changes to be incorporated into the bill 
be included in the Congressional Record during consideration of 
the measure on the House floor, to memorialize our 
understanding.
    I look forward to working with the Committee on Homeland 
Security as the bill moves through the legislative process.
            Sincerely,
                                              Bill Shuster,
                                                          Chairman.
                              ----------                              

                          House of Representatives,
                            Committee on Homeland Security,
                                  Washington, DC, December 7, 2017.
Hon. Bill Shuster,
Chairman, Committee on Transportation and Infrastructure,
Washington, DC.
    Dear Chairman Shuster: Thank you for your letter regarding 
H.R. 3548, the ``Border Security for America Act of 2017.'' I 
appreciate your support in bringing this legislation before the 
House of Representatives, and accordingly, understand that the 
Committee on Transportation and Infrastructure will forego 
further consideration of the bill.
    The Committee on Homeland Security concurs with the mutual 
understanding that by foregoing consideration of this bill at 
this time, the Committee on Transportation and Infrastructure 
does not waive any jurisdiction over the subject matter 
contained in this bill and agrees to include mutually agreed 
upon changes to the legislation prior to its consideration on 
the House floor. In addition, should a conference on this bill 
be necessary, I would support your request to have the 
Committee represented on the conference committee.
    I will insert copies of this exchange in the report on the 
bill and in the Congressional Record during consideration of 
this bill on the House floor. I thank you for your cooperation 
in this matter.
            Sincerely,
                                         Michael T. McCaul,
                                                          Chairman.
                              ----------                              

                          House of Representatives,
                               Committee on Ways and Means,
                                  Washington, DC, January 10, 2018.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
Washington, DC.
    Dear Chairman McCaul: I am writing with respect to H.R. 
3548, the ``Border Security for America Act of 2017,'' on which 
the Committee on Ways and Means was granted an additional 
referral.
    As a result of your having consulted with us on provisions 
in H.R. 3548 that fall within the Rule X jurisdiction of the 
Committee on Ways and Means, I agree to waive formal 
consideration of this bill. The Committee on Ways and Means 
takes this action with the mutual understanding that we do not 
waive any jurisdiction over the subject matter contained in 
this or similar legislation, and the Committee will be 
appropriately consulted and involved as the bill or similar 
legislation moves forward so that we may address any remaining 
issues that fall within our jurisdiction. The Committee also 
reserves the right to seek appointment of an appropriate number 
of conferees to any House-Senate conference involving this or 
similar legislation, and requests your support for such 
request.
    I would appreciate your response confirming this 
understanding with respect to H.R. 3548 and ask that a copy of 
our exchange of letters on this matter be included in the 
Congressional Record during consideration of the bill on the 
House floor.
            Sincerely,
                                               Kevin Brady,
                                                          Chairman.
                              ----------                              

                          House of Representatives,
                            Committee on Homeland Security,
                                   Washington, DC, January 9, 2018.
Hon. Kevin Brady,
Chairman, Committee on Ways and Means,
Washington, DC.
    Dear Chairman Brady: Thank you for your letter regarding 
H.R. 3548, the ``Border Security for America Act of 2017.'' I 
appreciate your support in bringing this legislation before the 
House of Representatives, and accordingly, understand that the 
Committee on Ways and Means will forego further consideration 
of the bill.
    The Committee on Homeland Security concurs with the mutual 
understanding that by foregoing consideration of this bill at 
this time, the Committee on Ways and Means does not waive any 
jurisdiction over the subject matter contained in this bill and 
agrees to include mutually agreed upon modifications to the 
legislation prior to its consideration on the House floor. In 
addition, should a conference on this bill be necessary, I 
would support your request to have the Committee represented on 
the conference committee.
    I will insert copies of this exchange in the report on the 
bill and in the Congressional Record during consideration of 
this bill on the House floor. I thank you for your cooperation 
in this matter.
            Sincerely,
                                         Michael T. McCaul,
                                                          Chairman.
                              ----------                              

                          House of Representatives,
              Committee on Oversight and Government Reform,
                                   Washington, DC, January 3, 2017.
Hon. Michael T. McCaul,
Chairman, Committee on Homeland Security,
Washington, DC.
    Dear Mr. Chairman: I write concerning H.R. 3548, the 
``Border Security for America Act of 2017.'' This bill would 
make certain improvements to the security of the international 
borders of the United States and contains provisions within the 
jurisdiction of the Committee on Oversight and Government 
Reform. As a result of your having consulted with me concerning 
the provisions of the bill that fall within our Rule X 
jurisdiction, I agree to forgo consideration of the bill, so 
the bill may proceed expeditiously to the House floor.
    The Committee takes this action with our mutual 
understanding that by foregoing consideration of H.R. 3548 at 
this time we do not waive any jurisdiction over the subject 
matter contained in this or similar legislation, and we will be 
appropriately consulted and involved as the bill or similar 
legislation moves forward so that we may address any remaining 
issues that fall within our Rule X jurisdiction. Further, I 
request your support for the appointment of conferees from the 
Committee on Oversight and Government Reform during any House-
Senate conference convened on this or related legislation.
    Finally, I would appreciate your response to this letter 
confirming this understanding and ask that a copy of our 
exchange of letters on this matter be included in the bill 
report filed by the Committee on Homeland Security, as well as 
in the Congressional Record during floor consideration thereof.
            Sincerely,
                                                        Trey Gowdy.
                              ----------                              

                          House of Representatives,
                            Committee on Homeland Security,
                                   Washington, DC, January 3, 2018.
Hon. Trey Gowdy,
Chairman, Committee on Oversight and Government Reform,
Washington, DC.
    Dear Chairman Gowdy: Thank you for your letter regarding 
H.R. 3548, the ``Border Security for America Act of 2017.'' I 
appreciate your support in bringing this legislation before the 
House of Representatives, and accordingly, understand that the 
Committee on Oversight and Government Reform will forego 
further consideration of the bill.
    The Committee on Homeland Security concurs with the mutual 
understanding that by foregoing consideration of this bill at 
this time, the Committee on Oversight and Government Reform 
does not waive any jurisdiction over the subject matter 
contained in this bill and agrees to include mutually agreed 
upon modifications to the legislation prior to its 
consideration on the House floor. In addition, should a 
conference on this bill be necessary, I would support your 
request to have the Committee represented on the conference 
committee.
    I will insert copies of this exchange in the report on the 
bill and in the Congressional Record during consideration of 
this bill on the House floor. I thank you for your cooperation 
in this matter.
            Sincerely,
                                         Michael T. McCaul,
                                                          Chairman.

                            DISSENTING VIEWS

    We, the Committee Democrats, submit the following 
dissenting views to H.R. 3548, a bill whose central aim is to 
authorize President Donald J. Trump's proposed border wall 
along the Southwest border (President Trump's Wall).
    The ``Taking Americans Land to Build Trump's Wall Act,'' as 
we have come to call it, abandons bipartisan Committee efforts 
to ensure that the Department of Homeland Security's (DHS or 
Department) border security initiatives are risk-based and 
informed by metrics on the effectiveness of border security 
programs to fulfill the President's baseless promise of 
building a border wall at all costs. The partisan manner in 
which this bill was developed and considered underscores this 
overarching goal. As Members of this Committee, we are deeply 
concerned about the harm this bill, if enacted, will needlessly 
inflict on private landowners, ranchers, border communities, 
the environment, and taxpayers.
    Committee Democrats oppose authorizing $10 billion to build 
President Trump's Wall because it would not be an effective way 
of securing the border and is not justified based on the 
metrics collected by the Department about conditions along the 
U.S.-Mexico border between land ports of entry. The Department 
issued a report in September 2017 which assessed border 
security trends and concluded that ``available data indicate 
that the southwest land border is more difficult to illegally 
cross today than ever before.''\1\ In this same report, DHS 
stated that both the number of illegal entries and 
apprehensions are at the lowest levels since the early 
1970s.\2\
---------------------------------------------------------------------------
    \1\Department of Homeland Security, Office of Immigration 
Statistics, ``Efforts by DHS to Estimate Southwest Border Security 
between Ports of Entry,'' September 2017, 19.
    \2\Ibid, 19.
---------------------------------------------------------------------------
    Estimates for President Trump's Wall range from $20 billion 
to $70 billion for construction alone.\3\ Over the past decade, 
this Committee has tasked the Government Accountability Office 
(GAO) with monitoring and evaluating the Department's 
management of major border security acquisitions. GAO has 
found, time and again, that the Department cannot keep an 
accurate accounting of costs associated with acquiring, 
deploying, operating, and maintaining such investments. In 
fact, in February 2017, GAO found that CBP has failed to 
properly assess the true costs of maintaining existing border 
fencing and could not validate that existing fencing has 
produced the intended results for border security.\4\
---------------------------------------------------------------------------
    \3\U.S. Senate Committee on Homeland Security and Government 
Affairs, Minority Staff, ``Southern Border Wall: Soaring Cost Estimates 
and Lack of Planning Raise Fundamental Questions about the 
Administration's Key Domestic Priority,'' April 18, 2017, 4.
    \4\Government Accountability Office, ``Southwest Border Security: 
Additional Actions Needed to Better Assess Fencing's Contributions to 
Operations and Provide Guidance for Identifying Capability Gaps'' (GAO-
17-331), February 2017, 25.
---------------------------------------------------------------------------
    Chairman Michael McCaul (R-TX), the bill's lead sponsor, 
has said that the bill authorizes $15 billion to build 
President Trump's Wall and deploy personnel and other tactical 
infrastructure at and between the land ports. In actuality, the 
cost to U.S. taxpayers for H.R. 3548 are likely to be far more 
significant. On top of the $15 billion authorization, H.R. 3548 
includes over $300 million in additional authorizations of 
appropriations, including $100 million for Operation 
Stonegarden.
    Further, the bill uses ``such sums as may be necessary 
language'' to avoid including a funding level for what are sure 
to be substantial costs--the costs of adjusting CBP personnel 
salaries. The decision to use the ``such sums'' clause and omit 
offsets for the $15 billion in new funding authorized in the 
bill is perplexing, as it violates standing protocols for 
measures to be considered on the House Floor, as established by 
House Republican leadership.
    We would also note that H.R. 3548 requires 5,000 additional 
Border Patrol Agents be hired within the next four years. Data 
collected and published by the Department does not demonstrate 
the need for more Agents. As the number of apprehensions 
declined over the past two decades, the number of Border Patrol 
Agents increased. Border Patrol reported 1.6 million 
apprehensions in 2000, but by 2016, there were only about 
409,000 apprehensions.\5\ While in 1995, there were 5,000 
Agents deployed nationwide, since 2009, the number of Border 
Patrol Agents has remained around 20,000.\6\ On average, each 
Border Patrol Agent apprehended 182 illegal entrants in 
2002.\7\ By 2016, apprehensions per Agent fell to roughly 18 
per year\8\ and, in August, U.S. Customs and Border Protection 
(CBP) reported that its year-to-date totals for Fiscal Year 
2017 were 24% lower than the same period in FY 2016.\9\ 
Further, the Department's Inspector General concluded in a 
report issued in July 2017 that CBP could not provide data to 
support the operational need for 5,000 additional Agents.\10\ 
For these reasons, we see no justification for directing DHS to 
undertake the costly task of recruiting, hiring, vetting, 
training, and fielding 5,000 additional Agents.
---------------------------------------------------------------------------
    \5\Ibid, 15.
    \6\U.S. Customs and Border Protection, U.S. Border Patrol, ``U.S. 
Border Patrol Fiscal Year Staffing Statistics (FY 1992-FY 2016),'' 
January 2017. https://www.cbp.gov/sites/default/files/assets/documents/
2016-Oct/BP%20Staffing%20FY1992-FY2016.pdf (accessed on October 11, 
2017).
    \7\Alex Nowrasteh, ``The Myth of Border Insecurity,'' Cato at 
Liberty, Cato Institute, November 28, 2016, https://www.cato.org/blog/
myth-border-insecurity (accessed on October 11, 2017).
    \8\Ibid.
    \9\U.S. Customs and Border Protection, Southwest Border Migration 
https://www.cbp.gov/newsroom/stats/sw-border-migration (accessed on 
October 11, 2017).
    \10\Department of Homeland Security, Office of the Inspector 
General, ``Special Report: Challenges Facing DHS in Its Attempt to Hire 
15,000 Border Patrol Agents and Immigration Officers,'' (OIG-17-98-SR) 
July 27, 2017, 6.
---------------------------------------------------------------------------
Committee Democrats offered 21 amendments to the bill. All were 
        defeated.
    Ranking Member Bennie Thompson (D-MS) offered amendments to 
strike the authorization of President Trump's Wall from the 
bill and to require the Secretary of Homeland Security to 
utilize the current risk-based, field-informed Requirements 
Management Process (RMP) to make decisions about acquiring and 
deploying tactical infrastructure and technology. The 
underlying bill includes pages of overly-prescriptive 
technology and infrastructure requirements for each of the 20 
Border Patrol sectors whose need has not been validated by CBP, 
which currently uses the RMP process to inform its acquisitions 
and deployment decisions. Amendments offered by Representatives 
Nannette Barragan (D-CA) and Bill Keating (D-MA) also 
underscored the Committee's longstanding interest in ensuring 
future border security build-ups are informed, strategic, 
realistic, and cost-effective. All these common-sense 
amendments were rejected by the Committee Republicans.
    An important reality that this bill ignores is that the 
Federal government only owns a third of the land along the 
Southwest border. As such, to build President Trump's Wall, the 
Federalgovernment will have to acquire private property and 
tribal lands, one way or another. If construction on this wall 
proceeds, the Tohono O'odham Nation would be divided and lose 75 miles 
of ancestral land along the Arizona-Mexico border. Tellingly, the White 
House seems well aware of this reality and is gearing up to fight 
ranchers and small landowners aggressively in the courts. In its 2018 
Fiscal Year budget request, the White House requested funding to 
establish an eminent domain unit of 20 attorneys within the Department 
of Justice. To underscore the truth about the bill, Ranking Member 
Thompson offered an amendment to change the short title of H.R. 3548 to 
the ``Taking Americans Land to Build Trump's Wall Act.''
    Representative Filemon Vela (D-TX), as the Ranking Member 
of the Border and Maritime Subcommittee and whose district 
represents a large portion of the Texas border with Mexico, 
offered multiple amendments aimed at protecting private 
property owners on the border. One of which would have 
established a $20 million legal defense fund to assist 
landowners who would have to battle both the Departments of 
Homeland Security and Justice to receive just compensation for 
the land that the Federal government takes. Another would have 
put the private property owner's interests first by requiring 
the Federal government to reach a settlement with landowners 
regarding just compensation prior to taking land. A decade 
after enactment of the ``Secure Fence Act,'' 93 Americans are 
still waiting to receive payment for land taken by the Federal 
government.\11\
---------------------------------------------------------------------------
    \11\Johanna Mayer, ``Hitting a Wall at the Border: Eminent Domain 
Fights Could Slow Construction of Trump's Dream, September 25, 2017, 
https://www.pacermonitor.com/articles/20 17/09/25/hitting-a-wall-at-
the-border-eminent-domain-fights-could-slow-construction-of-trumps-
dream/ (accessed October 11, 2017).
---------------------------------------------------------------------------
    Representative Vela also proposed a measure that would have 
strengthened the voice of local communities as the Trump 
Administration pursued its ill-advised border wall. It was 
informed by evidence of CBP's poor track record of consulting 
with local officials and residents, in a meaningful way, prior 
to initiating major infrastructure projects in border 
communities. This troubling pattern was evident when border 
fencing was constructed a decade ago. In response, then-Senator 
Kay Bailey Hutchison noted that landowners and local elected 
officials ``felt bulldozed and ignored by the federal 
government'' as it moved ahead with plans to build fencing in 
Texas. Again, while Committee Democrats voted unanimously for 
this amendment, all Members of the Majority rejected it.
    Further spotlighting the Majority's interest in building 
President Trump's Wall at all costs, this bill provides little 
direction, limitations, or cost-control measures to the Trump 
Administration. In fact, the only direction the bill gives is 
the broad grant of unilateral authority to the Secretary of 
Homeland Security to waive any and all laws or legal 
requirements that might stand in the way or delay construction 
of President Trump's Wall (Section 120). Representatives James 
Langevin (D-RI) and Representative Kathleen Rice (D-NY) sought 
to curb this Executive overreach in two separate amendments.
    Representative Langevin offered an amendment, which was 
cosponsored by Representative Keating, to strike Section 120 of 
the underlying bill, which authorizes the Secretary of Homeland 
Security to unilaterally waive over 30 laws, including the 
Clean Water Act, Clean Air Act, and Endangered Species Act to 
build President Trump's Wall. Representative Langevin noted how 
abuse of this authority could lead to the end of the currently 
endangered Texas Ocelot or the recently reemerging American 
Jaguar in Arizona. In offering her amendment, Representative 
Rice noted that there was a pending legal question as to 
whether the waiver authority granted to the DHS Secretary in 
prior law expired in 2008.\12\ The collateral effects of DHS 
waiving laws intended to protect border communities and the 
surrounding environment could have significant impacts on the 
health and wellbeing of all who live in border communities. 
Both the Langevin and Rice amendments were rejected outright by 
Committee Republicans.
---------------------------------------------------------------------------
    \12\The People of the State of California, By and Through Xavier 
Becerra, Attorney General; the California Coastal Commission v. the 
United States of America; United States Department of Homeland 
Security; Acting Secretary Elaine Duke, In Her Official Capacity; 
United States Customs and Border Protection; and Acting Commissioner 
Kevin K. McAleenan, In His Official Capacity, Docket 17-cv-01911-W-BLM, 
S.D. CA (September 20, 2017).
---------------------------------------------------------------------------
    In an apparent attempt to provide cover for their votes 
against the Langevin and Rice amendments, Committee Republicans 
adopted two amendments offered by Representative Hurd that 
purported to protect National Parks, like Big Bend National 
Park, that are put at risk under H.R. 3548. Additionally, 
Representative McSally offered a last-minute amendment to 
remove the Freedom of Information Act from the list of Federal 
laws that could be waived by DHS. We are troubled that instead 
of joining with Committee Democrats to approve Democratic 
amendment, Committee Republicans cynically chose to support 
amendments targeted at providing limited relief from the wide-
scale threat of the Department exploiting the waiver authority 
under this bill to set aside critical Federal laws that 
underpin the health and wellbeing of Americans.
    While we strongly oppose H.R. 3548, we would note that 
there were a few areas of agreement. Committee Republicans 
joined us in unanimously rejecting of President Trump's 
conflicted, unrealistic, convoluted vision for the wall (Roll 
Call 17) and in rejecting the ridiculous notion that Mexico 
should reimburse the U.S. for its construction for it (Roll 
Call 32). While we differ on how to secure the border, we are 
glad that Republicans and Democrats agree that the President's 
demands for his wall are nonsense, contradictory, and absurd.
    In addition to the amendments discussed above, Committee 
Democrats offered a number of other amendments that each failed 
on a party line vote of 12-17. They were:
           An Amendment offered by Representative 
        Barragan to limit the Border Patrol activity to no more 
        than 25 miles from the physical land border;
           An Amendment offered by Representative 
        Donald Payne Jr. (D-NJ) to proportionately increase the 
        number of full-time investigators in CBP's Office of 
        Professional Responsibility in order to match the 
        oversight needed of the increased number of CBP law 
        enforcement personnel authorized in this bill; and
           Amendments offered by Representative Sheila 
        Jackson Lee (D-TX) to hold the Department accountable 
        for the impact of border wall construction on 
        endangered species; oversee Border Patrol's treatment 
        of individuals encountered during operations; and 
        requesting information on the President's proclamation 
        issued on September 24th and its implications for the 
        Department of Homeland Security.
    While Committee Democrats strongly oppose the central 
feature of H.R. 3548, authorization of President Trump's Wall, 
we would note that provisions related to land ports of entry 
and the workforce in this bill could have been the basis for 
working together on a bipartisan border security proposal that 
addresses known, risk-based, fact-based border challenges. 
Unfortunately, Committee Republicans, by advancing H.R. 3548 
chose fulfilling President Trump's promise of a wall over 
working together to address our border security challenges in a 
thoughtful, informed, measured way.

                                   Bennie G. Thompson.
                                   James R. Langevin.
                                   William R. Keating.
                                   Filemon Vela.
                                   Kathleen M. Rice.
                                   Val B. Demings.
                                   Sheila Jackson Lee.
                                   Cedric L. Richmond.
                                   Donald M. Payne, Jr.
                                   Bonnie Watson Coleman.
                                   J. Luis Correa.
                                   Nanette D. Barragan