,,ib ,union ,calendar ,no4 #dga #aaeth ,,congress #b;d ,session ,h4 ,r4 #cedh ,report ,no4 #aae-eje1 ,part ,i ,,in ,,the ,,house ,,of ,,representatives ,july #bh1 #bjag ,mr4 ,mc,caul 7for himself1 ,mr4 ,thornberry1 ,mr4 ,sessions1 ,mr4 ,bishop of ,utah1 ,mr4 ,shuster1 ,mr4 ,smith of ,texas1 ,mr4 ,brady of ,texas1 ,mr4 ,conaway1 ,mr4 ,hensarling1 ,mr4 ,carter of ,texas1 ,ms4 ,granger1 ,mr4 ,calvert1 ,mr4 ,king of ,new ,york1 ,ms4 ,mc,sally1 ,mr4 ,katko1 ,mr4 ,donovan1 ,mr4 ,ratcliffe1 ,mr4 ,higgins of ,louisiana1 ,mr4 ,estes of ,kansas1 ,mr4 ,poe of ,texas1 ,mr4 ,olson1 ,mr4 ,burgess1 ,mr4 ,marchant1 ,mr4 ,farenthold1 ,mr4 ,sam ,johnson of ,texas1 ,mr4 ,arrington1 ,mr4 ,culberson1 ,mr4 ,weber of ,texas1 ,mr4 ,williams1 ,mr4 ,babin1 ,mr4 ,barton1 ,mr4 ,flores1 ,mr4 ,meadows1 ,mr4 ,hunter1 ,mr4 ,cook1 ,mr4 ,bridenstine1 ,mr4 ,palazzo1 ,mr4 ,bergman1 ,mr4 ,kelly of ,mississippi1 ,mr4 ,collins of ,new ,york1 ,mr4 ,poliquin1 ,mr4 ,franks of ,arizona1 ,mr4 ,goodlatte1 ,mr4 ,cramer1 and ,mr4 ,loudermilk7 introduced the following bill2 which was referred to the ,committee on ,homeland ,security1 and in addition to the ,committees on ,armed ,services1 ,foreign ,affairs1 ,natural ,resources1 ,agriculture1 ,transportation and ,infrastructure1 ,ways and ,means1 and ,oversight and ,government ,reform1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,january #aj1 #bjah ,reported from the ,committee on ,homeland ,security with an amendment ,strike out all after the enacting clause and insert the part printed in italic ,january #aj1 #bjah,the ,committees on ,foreign ,affairs1 ,natural ,resources1 ,agriculture1 ,transportation and ,infrastructure1 ,ways and ,means1 and ,oversight and ,government ,reform discharged ,january #aj1 #bjah,referral to the ,committee on ,armed ,services extended for a period ending not later than ,march #bc1 #bjah ,march #bc1 #bjah;,additional sponsors3 ,mr4 ,pittenger1 ,mr4 ,des,jarlais1 ,mr4 ,lance1 ,mr4 ,chabot1 ,mr4 ,jody ,b4 ,hice of ,georgia1 ,mr4 ,fleischmann1 ,mr4 ,gallagher1 ,mr4 ,byrne1 ,mr4 ,wittman1 ,mr4 ,renacci1 ,mr4 ,zeldin1 ,mr4 ,grothman1 ,mr4 ,la,malfa1 ,mr4 ,harper1 ,mr4 ,garrett1 ,mr4 ,abraham1 ,mr4 ,mc,clintock1 ,mr4 ,bishop of ,michigan1 ,mr4 ,russell1 ,mr4 ,rutherford1 ,mrs4 ,brooks of ,indiana1 ,mr4 ,bacon1 ,mr4 ,kinzinger1 ,mrs4 ,noem1 ,mr4 ,rothfus1 ,mr4 ,norman1 ,mr4 ,rokita1 ,mr4 ,barr1 ,mr4 ,hudson1 ,mr4 ,bucshon1 ,mr4 ,banks of ,indiana1 ,mr4 ,gaetz1 and ,mr4 ,francis ,rooney of ,florida ,march #bc1 #bjah,the ,committee on ,armed ,services discharged2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed,for text of introduced bill1 see copy of bill as introduced on ,july #bh1 #bjag ,a ,,bill ,to make certain improvements to the security of the international borders of the ,united ,states1 and for other purposes4 #a4 ,short title 7a7 ,short title ,this ,act may be cited as the ,border ,security for ,america ,act of #bjag4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4 ,title ,i--,border ,security ,sec4 #aja4 ,definitions4 ,subtitle ,a--,infrastructure and ,equipment ,sec4 #aaa4 ,strengthening the requirements for barriers along the southern border4 ,sec4 #aab4 ,air and ,marine ,operations flight hours4 ,sec4 #aac4 ,capability deployment to specific sectors and transit zone4 ,sec4 #aad4 ,u4,s4 ,border ,patrol physical infrastructure improvements4 ,sec4 #aae4 ,u4,s4 ,border ,patrol activities4 ,sec4 #aaf4 ,border security technology program management4 ,sec4 #aag4 ,national ,guard support to secure the southern border and reimbursement of ,states for deployment of the ,national ,guard at the southern border4 ,sec4 #aah4 ,operation ,phalanx4 ,sec4 #aai4 ,merida ,initiative4 ,sec4 #abj4 ,prohibitions on actions that impede border security on certain ,federal land4 ,sec4 #aba4 ,landowner and rancher security enhancement4 ,sec4 #abb4 ,eradication of carrizo cane and salt cedar4 ,sec4 #abc4 ,southern border threat analysis4 ,sec4 #abd4 ,amendments to ,u4,s4 ,customs and ,border ,protection4 ,sec4 #abe4 ,agent and officer technology use4 ,sec4 #abf4 ,integrated ,border ,enforcement ,teams4 ,sec4 #abg4 ,tunnel ,task ,forces4 ,subtitle ,b--,personnel ,sec4 #aca4 ,additional ,u4,s4 ,customs and ,border ,protection agents and officers4 ,sec4 #acb4 ,u4,s4 ,customs and ,border ,protection retention incentives4 ,sec4 #acc4 ,anti-,border ,corruption ,reauthorization ,act4 ,sec4 #acd4 ,training for officers and agents of ,u4,s4 ,customs and ,border ,protection4 ,subtitle ,c--,grants ,sec4 #ada4 ,operation ,stonegarden4 ,subtitle ,d--,authorization of ,appropriations ,sec4 #aea4 ,authorization of appropriations4 ,title ,,ii--,emergency ,port of ,entry ,personnel and ,infrastructure ,funding ,sec4 #bja4 ,ports of entry infrastructure4 ,sec4 #bjb4 ,secure communications4 ,sec4 #bjc4 ,border security deployment program4 ,sec4 #bjd4 ,pilot and upgrade of license plate readers at ports of entry4 ,sec4 #bje4 ,non-intrusive inspection operational demonstration4 ,sec4 #bjf4 ,biometric exit data system4 ,sec4 #bjg4 ,sense of ,congress on cooperation between agencies4 ,sec4 #bjh4 ,authorization of appropriations4 ,sec4 #bji4 ,definition4 ,i ,border ,security #aja4 ,definitions ,in this title3 7#a7 ,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 vehicles1 humans1 and animals1 and ultimately filter false positives prior to transmission4 7#b7 ,appropriate congressional committee ,the term appropriate congressional committee has the meaning given the term in section #b7b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja7b774 7#c7 ,commissioner ,the term ,commissioner means the ,commissioner of ,u4,s4 ,customs and ,border ,protection4 7#d7 ,high traffic areas ,the term high traffic areas has the meaning given such term in section #ajb7;e77#a7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif1 as amended by section #aaa of this ,act4 7#e7 ,operational control ,the term operational control has the meaning given such term in section #b7;b7 of the ,secure ,fence ,act of #bjjf 7#h ,u4,s4,c4 #agja note2 ,public ,law #aji-cfg74 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 7#f7 ,situational awareness ,the term situational awareness has the meaning given such term in section #ajib7;a77#g7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag 7,public ,law #aad-cbh2 #f ,u4,s4,c4 #bbc7;a77#g774 7#g7 ,transit zone ,the term transit zone has the meaning given such term in section #ajib7;a77#h7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag 7,public ,law #aad-cbh2 #f ,u4,s4,c4 #bbc7;a77#g774 ,a ,infrastructure and ,equipment #aaa4 ,strengthening the requirements for barriers along the southern border ,section #ajb of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7,division ,c of ,public ,law #ajd-bjh2 #h ,u4,s4,c4 #aajc note7 is amended-- 7#a7 by amending subsection 7a7 to read as follows3 7a7 ,in general ,the ,secretary of ,homeland ,security shall take such actions as may be necessary 7including the removal of obstacles to detection of illegal entrants7 to construct1 install1 deploy1 operate1 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 deter1 impede1 and detect illegal activity in high traffic areas4 2 7#b7 in subsection 7b7-- 7,a7 in the subsection heading1 by striking fencing and inserting physical barriers2 7,b7 in paragraph 7#a7-- 7i7 in subparagraph 7,a71 by inserting situational awareness and before operational control2 and 7ii7 by amending subparagraph 7,b7 to read as follows3 7,b7 ,tactical infrastructure 7i7 ,in general ,not later than ,january #bj1 #bjba1 the ,secretary of ,homeland ,security1 in carrying out subsection 7a71 shall deploy along the ,united ,states border the most practical and effective tactical infrastructure available for achieving situational awareness and operational control of the border4 7ii7 ,exception for certain tactical infrastructure ,the deployment of tactical infrastructure under this subparagraph shall not apply in areas along the border where natural terrain features1 natural barriers1 or the remoteness of such area would make deployment ineffective1 as determined by the ,secretary1 for the purposes of gaining situational awareness or operational control of such areas4 2 and 7iii7 in subparagraph 7,c7-- 7,i7 by amending clause 7i7 to read as follows3 7i7 ,in general ,in carrying out this section1 the ,secretary of ,homeland ,security shall1 before deploying tactical infrastructure in a specific area or region1 consult with the ,secretary of the ,interior1 the ,secretary of ,agriculture1 the ,governors for each ,state on the southern land border and northern land border1 other ,states1 local governments1 ,indian tribes1 representatives of the ,u4,s4 ,border ,patrol and ,u4,s4 ,customs and ,border ,protection1 relevant ,federal1 ,state1 local1 and tribal agencies that have jurisdiction on the southern land border or in the maritime environment along the southern border1 and private property owners in the ,united ,states to minimize the impact on the environment1 culture1 commerce1 quality of life for the communities and residents located near the sites at which physical barriers1 tactical infrastructure1 and technology are to be constructed4 2 7,,ii7 by redesignating clause 7ii7 as clause 7iii72 and 7,,iii7 by inserting after clause 7i71 as amended1 the following new clause3 7ii7 ,notification ,not later than #fj days after the consultation required under clause 7i71 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 determination4 2 7,c7 in paragraph 7#b7-- 7i7 by striking ,attorney ,general and inserting ,secretary of ,homeland ,security2 and 7ii7 by striking construction of fences and inserting the construction of physical barriers2 and 7,d7 by amending paragraph 7#c7 to read as follows3 7#c7 ,agent safety ,in carrying out this section1 the ,secretary of ,homeland ,security1 when constructing tactical infrastructure1 shall incorporate such safety features into the design of such tactical infrastructure that the ,secretary determines1 in the ,secretary's sole discretion1 are necessary to maximize the safety and effectiveness of officers or agents of the ,department of ,homeland ,security or of any other ,federal agency4 2 7#c7 in subsection 7c71 by amending paragraph 7#a7 to read as follows3 7#a7 ,in general ,notwithstanding any other provision of law1 the ,secretary of ,homeland ,security is authorized to waive all legal requirements the ,secretary1 in the ,secretary's sole discretion1 determines necessary to ensure the expeditious construction1 installation1 operation1 and maintenance of the tactical infrastructure and technology under this section4 ,any such decision by the ,secretary shall be effective upon publication in the ,federal ,register4 2 and 7#d7 by adding after subsection 7d7 the following new subsections3 7e7 ,construction1 installation1 and maintenance of technology ,not later than ,january #bj1 #bjba1 the ,secretary of ,homeland ,security1 in carrying out subsection 7a71 shall deploy along the ,united ,states border the most practical and effective technology available for achieving situational awareness and operational control of the border4 7f7 ,definitions ,in this section3 7#a7 ,high traffic areas ,the term high traffic areas means areas in the vicinity of the ,united ,states border that-- 7,a7 are within the responsibility of ,u4,s4 ,customs and ,border ,protection2 and 7,b7 have significant unlawful cross-border activity4 7#b7 ,operational control ,the term operational control has the meaning given such term in section #b7;b7 of the ,secure ,fence ,act of #bjjf 7#h ,u4,s4,c4 #agja note2 ,public ,law #aji-cfg74 7#c7 ,situational awareness defined ,the term situational awareness has the meaning given such term in section #ajib7;a77#g7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag 7,public ,law #aad-cbh74 7#d7 ,tactical infrastructure ,the term tactical infrastructure means-- 7,a7 boat ramps1 access gates1 checkpoints1 lighting1 and roads2 and 7,b7 physical barriers 7including fencing1 border wall system1 and levee walls74 7#e7 ,technology defined ,the term technology includes border surveillance and detection technology1 including the following3 7,a7 ,tower-based surveillance technology4 7,b7 ,deployable1 lighter-than-air ground surveillance equipment4 7,c7 ,vehicle and ,dismount ,exploitation ,radars 7,,vader74 7,d7 #c-;dimensional1 seismic acoustic detection and ranging border tunneling detection technology4 7,e7 ,advanced unattended surveillance sensors4 7,f7 ,mobile vehicle-mounted and man-portable surveillance capabilities4 7,g7 ,unmanned aerial vehicles4 4 #aab4 ,air and ,marine ,operations flight hours 7a7 ,increased flight hours ,the ,secretary shall ensure that not fewer than #ie1jjj annual flight hours are carried out by ,air and ,marine ,operations of ,u4,s4 ,customs and ,border ,protection4 7b7 ,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 #bd hours per day for five days per week4 7c7 ,contract air support authorization ,the ,commissioner shall contract for the unfulfilled identified air support mission critical hours1 as identified by the ,chief of the ,u4,s4 ,border ,patrol4 7d7 ,primary mission ,the ,commissioner shall ensure that-- 7#a7 the primary missions for ,air and ,marine ,operations are to directly support ,u4,s4 ,border ,patrol activities along the southern border of the ,united ,states and ,joint ,interagency ,task ,force ,south operations in the transit zone2 and 7#b7 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 ,act4 7e7 ,high-demand flight hour requirements ,in accordance with subsection 7d71 the ,commissioner shall ensure that ,u4,s4 ,border ,patrol ,sector ,chiefs-- 7#a7 identify critical flight hour requirements2 and 7#b7 direct ,air and ,marine ,operations to support requests from ,sector ,chiefs as their primary mission4 7f7 ,small unmanned aerial vehicles 7#a7 ,in general ,the ,chief of the ,u4,s4 ,border ,patrol shall be the operational lead for ,u4,s4 ,customs and ,border ,protection's use of small unmanned aerial vehicles for the purpose of meeting the ,u4,s4 ,border ,patrol's unmet flight hour operational requirements and to achieve situational awareness and operational control4 7#b7 ,coordination ,in carrying out paragraph 7#a71 the ,chief of the ,u4,s4 ,border ,patrol shall coordinate with the ,executive ,assistant ,commissioner for ,air and ,marine ,operations of ,u4,s4 ,customs and ,border ,protection to ensure the safety of other aircraft flying in the vicinity of small unmanned aerial vehicles operated by the ,u4,s4 ,border ,patrol4 7#c7 ,definition ,in this subsection1 the term small unmanned aerial vehicle means any unmanned aerial vehicle operated by ,u4,s4 ,customs and ,border ,protection weighing less than #ee pounds4 7#d7 ,conforming amendment ,paragraph 7#c7 of section #daa7;e7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #baa7;e77 is amended-- 7,a7 in subparagraph 7,b71 by striking and after the semicolon at the end2 7,b7 by redesignating subparagraph 7,c7 as subparagraph 7,d72 and 7,c7 by inserting after subparagraph 7,b7 the following new subparagraph3 7,c7 carry out the small unmanned aerial vehicle requirements pursuant to subsection 7f7 of section #aab of the ,border ,security for ,america ,act of #bjag2 and 4 #aac4 ,capability deployment to specific sectors and transit zone 7a7 ,in general ,not later than ,january #bj1 #bjba1 the ,secretary1 in implementing section #ajb of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7as amended by section #aaa of this ,act71 and acting through the appropriate component of the ,department of ,homeland ,security1 shall deploy to each sector or region of the southern border and the northern border1 in a prioritized manner to achieve situational awareness and operational control of such borders1 the following additional capabilities3 7#a7 ,san ,diego sector ,for the ,san ,diego sector1 the following3 7,a7 ,tower-based surveillance technology4 7,b7 ,subterranean surveillance and detection technologies4 7,c7 ,to increase coastal maritime domain awareness1 the following3 7i7 ,deployable1 lighter-than-air surface surveillance equipment4 7ii7 ,unmanned aerial vehicles with maritime surveillance capability4 7iii7 ,maritime patrol aircraft4 7iv7 ,coastal radar surveillance systems4 7v7 ,maritime signals intelligence capabilities4 7,d7 ,ultralight aircraft detection capabilities4 7,e7 ,advanced unattended surveillance sensors4 7,f7 ,a rapid reaction capability supported by aviation assets4 7,g7 ,mobile vehicle-mounted and man-portable surveillance capabilities4 7,h7 ,man-portable unmanned aerial vehicles4 7,i7 ,improved agent communications capabilities4 7#b7 ,el ,centro sector ,for the ,el ,centro sector1 the following3 7,a7 ,tower-based surveillance technology4 7,b7 ,deployable1 lighter-than-air ground surveillance equipment4 7,c7 ,man-portable unmanned aerial vehicles4 7,d7 ,ultralight aircraft detection capabilities4 7,e7 ,advanced unattended surveillance sensors4 7,f7 ,a rapid reaction capability supported by aviation assets4 7,g7 ,man-portable unmanned aerial vehicles4 7,h7 ,improved agent communications capabilities4 7#c7 ,yuma sector ,for the ,yuma sector1 the following3 7,a7 ,tower-based surveillance technology4 7,b7 ,deployable1 lighter-than-air ground surveillance equipment4 7,c7 ,ultralight aircraft detection capabilities4 7,d7 ,advanced unattended surveillance sensors4 7,e7 ,a rapid reaction capability supported by aviation assets4 7,f7 ,mobile vehicle-mounted and man-portable surveillance systems4 7,g7 ,man-portable unmanned aerial vehicles4 7,h7 ,improved agent communications capabilities4 7#d7 ,tucson sector ,for the ,tucson sector1 the following3 7,a7 ,tower-based surveillance technology4 7,b7 ,increased flight hours for aerial detection1 interdiction1 and monitoring operations capability4 7,c7 ,deployable1 lighter-than-air ground surveillance equipment4 7,d7 ,ultralight aircraft detection capabilities4 7,e7 ,advanced unattended surveillance sensors4 7,f7 ,a rapid reaction capability supported by aviation assets4 7,g7 ,man-portable unmanned aerial vehicles4 7,h7 ,improved agent communications capabilities4 7#e7 ,el ,paso sector ,for the ,el ,paso sector1 the following3 7,a7 ,tower-based surveillance technology4 7,b7 ,deployable1 lighter-than-air ground surveillance equipment4 7,c7 ,ultralight aircraft detection capabilities4 7,d7 ,advanced unattended surveillance sensors4 7,e7 ,mobile vehicle-mounted and man-portable surveillance systems4 7,f7 ,a rapid reaction capability supported by aviation assets4 7,g7 ,mobile vehicle-mounted and man-portable surveillance capabilities4 7,h7 ,man-portable unmanned aerial vehicles4 7,i7 ,improved agent communications capabilities4 7#f7 ,big ,bend sector ,for the ,big ,bend sector1 the following3 7,a7 ,tower-based surveillance technology4 7,b7 ,deployable1 lighter-than-air ground surveillance equipment4 7,c7 ,improved agent communications capabilities4 7,d7 ,ultralight aircraft detection capabilities4 7,e7 ,advanced unattended surveillance sensors4 7,f7 ,a rapid reaction capability supported by aviation assets4 7,g7 ,mobile vehicle-mounted and man-portable surveillance capabilities4 7,h7 ,man-portable unmanned aerial vehicles4 7,i7 ,improved agent communications capabilities4 7#g7 ,del ,rio sector ,for the ,del ,rio sector1 the following3 7,a7 ,tower-based surveillance technology4 7,b7 ,increased monitoring for cross-river dams1 culverts1 and footpaths4 7,c7 ,improved agent communications capabilities4 7,d7 ,improved maritime capabilities in the ,amistad ,national ,recreation ,area4 7,e7 ,advanced unattended surveillance sensors4 7,f7 ,a rapid reaction capability supported by aviation assets4 7,g7 ,mobile vehicle-mounted and man-portable surveillance capabilities4 7,h7 ,man-portable unmanned aerial vehicles4 7,i7 ,improved agent communications capabilities4 7#h7 ,laredo sector ,for the ,laredo sector1 the following3 7,a7 ,tower-based surveillance technology4 7,b7 ,maritime detection resources for the ,falcon ,lake region4 7,c7 ,increased flight hours for aerial detection1 interdiction1 and monitoring operations capability4 7,d7 ,increased monitoring for cross-river dams1 culverts1 and footpaths4 7,e7 ,ultralight aircraft detection capability4 7,f7 ,advanced unattended surveillance sensors4 7,g7 ,a rapid reaction capability supported by aviation assets4 7,h7 ,man-portable unmanned aerial vehicles4 7,i7 ,improved agent communications capabilities4 7#i7 ,rio ,grande ,valley sector ,for the ,rio ,grande ,valley sector1 the following3 7,a7 ,tower-based surveillance technology4 7,b7 ,deployable1 lighter-than-air ground surveillance equipment4 7,c7 ,increased flight hours for aerial detection1 interdiction1 and monitoring operations capability4 7,d7 ,ultralight aircraft detection capability4 7,e7 ,advanced unattended surveillance sensors4 7,f7 ,increased monitoring for cross-river dams1 culverts1 footpaths4 7,g7 ,a rapid reaction capability supported by aviation assets4 7,h7 ,increased maritime interdiction capabilities4 7,i7 ,mobile vehicle-mounted and man-portable surveillance capabilities4 7,j7 ,man-portable unmanned aerial vehicles4 7,k7 ,improved agent communications capabilities4 7#aj7 ,blaine sector ,for the ,blaine sector1 the following3 7,a7 ,increased flight hours for aerial detection1 interdiction1 and monitoring operations capability4 7,b7 ,coastal radar surveillance systems4 7,c7 ,increased maritime interdiction capabilities4 7,d7 ,mobile vehicle-mounted and man-portable surveillance capabilities4 7,e7 ,advanced unattended surveillance sensors4 7,f7 ,ultralight aircraft detection capabilities4 7,g7 ,man-portable unmanned aerial vehicles4 7,h7 ,improved agent communications capabilities4 7#aa7 ,spokane sector ,for the ,spokane sector1 the following3 7,a7 ,increased flight hours for aerial detection1 interdiction1 and monitoring operations capability4 7,b7 ,increased maritime interdiction capabilities4 7,c7 ,mobile vehicle-mounted and man-portable surveillance capabilities4 7,d7 ,advanced unattended surveillance sensors4 7,e7 ,ultralight aircraft detection capabilities4 7,f7 ,completion of six miles of the ,bog ,creek road4 7,g7 ,man-portable unmanned aerial vehicles4 7,h7 ,improved agent communications systems4 7#ab7 ,havre sector ,for the ,havre sector1 the following3 7,a7 ,increased flight hours for aerial detection1 interdiction1 and monitoring operations capability4 7,b7 ,mobile vehicle-mounted and man-portable surveillance capabilities4 7,c7 ,advanced unattended surveillance sensors4 7,d7 ,ultralight aircraft detection capabilities4 7,e7 ,man-portable unmanned aerial vehicles4 7,f7 ,improved agent communications systems4 7#ac7 ,grand ,forks sector ,for the ,grand ,forks sector1 the following3 7,a7 ,increased flight hours for aerial detection1 interdiction1 and monitoring operations capability4 7,b7 ,mobile vehicle-mounted and man-portable surveillance capabilities4 7,c7 ,advanced unattended surveillance sensors4 7,d7 ,ultralight aircraft detection capabilities4 7,e7 ,man-portable unmanned aerial vehicles4 7,f7 ,improved agent communications systems4 7#ad7 ,detroit sector ,for the ,detroit sector1 the following3 7,a7 ,increased flight hours for aerial detection1 interdiction1 and monitoring operations capability4 7,b7 ,coastal radar surveillance systems4 7,c7 ,increased maritime interdiction capabilities4 7,d7 ,mobile vehicle-mounted and man-portable surveillance capabilities4 7,e7 ,advanced unattended surveillance sensors4 7,f7 ,ultralight aircraft detection capabilities4 7,g7 ,man-portable unmanned aerial vehicles4 7,h7 ,improved agent communications systems4 7#ae7 ,buffalo sector ,for the ,buffalo sector1 the following3 7,a7 ,increased flight hours for aerial detection1 interdiction1 and monitoring operations capability4 7,b7 ,coastal radar surveillance systems4 7,c7 ,increased maritime interdiction capabilities4 7,d7 ,mobile vehicle-mounted and man-portable surveillance capabilities4 7,e7 ,advanced unattended surveillance sensors4 7,f7 ,ultralight aircraft detection capabilities4 7,g7 ,man-portable unmanned aerial vehicles4 7,h7 ,improved agent communications systems4 7#af7 ,swanton sector ,for the ,swanton sector1 the following3 7,a7 ,increased flight hours for aerial detection1 interdiction1 and monitoring operations capability4 7,b7 ,mobile vehicle-mounted and man-portable surveillance capabilities4 7,c7 ,advanced unattended surveillance sensors4 7,d7 ,ultralight aircraft detection capabilities4 7,e7 ,man-portable unmanned aerial vehicles4 7,f7 ,improved agent communications systems4 7#ag7 ,houlton sector ,for the ,houlton sector1 the following3 7,a7 ,increased flight hours for aerial detection1 interdiction1 and monitoring operations capability4 7,b7 ,mobile vehicle-mounted and man-portable surveillance capabilities4 7,c7 ,advanced unattended surveillance sensors4 7,d7 ,ultralight aircraft detection capabilities4 7,e7 ,man-portable unmanned aerial vehicles4 7,f7 ,improved agent communications systems4 7#ah7 ,transit zone ,for the transit zone1 the following3 7,a7 ,not later than two years after the date of the enactment of this ,act1 an increase in the number of overall cutter1 boat1 and aircraft hours spent conducting interdiction operations over the average number of such hours during the preceding three fiscal years4 7,b7 ,increased maritime signals intelligence capabilities4 7,c7 ,to increase maritime domain awareness1 the following3 7i7 ,unmanned aerial vehicles with maritime surveillance capability4 7ii7 ,increased maritime aviation patrol hours4 7,d7 ,increased operational hours for maritime security components dedicated to joint counter-smuggling and interdiction efforts with other ,federal agencies1 including the ,deployable ,specialized ,forces of the ,coast ,guard4 7,e7 ,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 ,rico1 ,mona ,island1 ,desecheo ,island1 ,vieques ,island1 ,culebra ,island1 ,saint ,thomas1 ,saint ,john1 and ,saint ,croix4 7b7 ,tactical flexibility 7#a7 ,southern and northern land borders 7,a7 ,in general ,beginning on ,january #bj1 #bjbj1 or after the ,secretary has deployed at least #be percent of the capabilities required in each sector specified in subsection 7a71 whichever comes later1 the ,secretary may deviate from such capability deployments if the ,secretary determines that such deviation is required to achieve situational awareness or operational control4 7,b7 ,notification ,if the ,secretary exercises the authority described in subparagraph 7,a71 the ,secretary shall1 not later than #ij days after such exercise1 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 exercise4 ,if the ,secretary makes any changes to such deviation1 the ,secretary shall1 not later than #ij days after any such change1 notify such committees regarding such change4 7#b7 ,transit zone 7,a7 ,notification ,the ,secretary shall notify the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 the ,committee on ,homeland ,security of the ,house of ,representatives1 and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives regarding the capability deployments for the transit zone specified in paragraph 7#ah7 of subsection 7a71 including information relating to-- 7i7 the number and types of assets and personnel deployed2 and 7ii7 the impact such deployments have on the capability of the ,coast ,guard to conduct its mission in the transit zone referred to in paragraph 7#ah7 of subsection 7a74 7,b7 ,alteration ,the ,secretary may alter the capability deployments referred to in this section if the ,secretary-- 7i7 determines1 after consultation with the committees referred to in subparagraph 7,a71 that such alteration is necessary2 and 7ii7 not later than #cj days after making a determination under clause 7i71 notifies the committees referred to in such subparagraph regarding such alteration1 including information relating to-- 7,i7 the number and types of assets and personnel deployed pursuant to such alteration2 and 7,,ii7 the impact such alteration has on the capability of the ,coast ,guard to conduct its mission in the transit zone referred to in paragraph 7#ah7 of subsection 7a74 7c7 ,exigent circumstances 7#a7 ,in general ,notwithstanding subsection 7b71 the ,secretary may deploy the capabilities referred to in subsection 7a7 in a manner that is inconsistent with the requirements specified in such subsection if1 after the ,secretary has deployed at least #be percent of such capabilities1 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 ,states4 7#b7 ,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 #cj days after making a determination under paragraph 7#a74 ,such notification shall include a detailed justification regarding such determination4 #aad4 ,u4,s4 ,border ,patrol physical infrastructure improvements ,the ,secretary shall upgrade existing physical infrastructure of the ,department of ,homeland ,security1 and construct and acquire additional physical infrastructure1 including-- 7#a7 ,u4,s4 ,border ,patrol stations2 7#b7 ,u4,s4 ,border ,patrol checkpoints2 7#c7 mobile command centers2 and 7#d7 other necessary facilities1 structures1 and properties4 #aae4 ,u4,s4 ,border ,patrol activities ,the ,chief of the ,u4,s4 ,border ,patrol shall prioritize the deployment of ,u4,s4 ,border ,patrol agents to as close to the physical land border as possible1 consistent with border security enforcement priorities and accessibility to such areas4 #aaf4 ,border security technology program management 7a7 ,in general ,subtitle ,c of title ,,iv of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bca et seq47 is amended by adding at the end the following new section3 #dcd4 ,border security technology program management 7a7 ,major acquisition program defined ,in this section1 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 #cjj1jjj1jjj 7based on fiscal year #bjag constant dollars7 over its life cycle cost4 7b7 ,planning documentation ,for each border security technology acquisition program of the ,department that is determined to be a major acquisition program1 the ,secretary shall-- 7#a7 ensure that each such program has a written acquisition program baseline approved by the relevant acquisition decision authority2 7#b7 document that each such program is meeting cost1 schedule1 and performance thresholds as specified in such baseline1 in compliance with relevant departmental acquisition policies and the ,federal ,acquisition ,regulation2 and 7#c7 have a plan for meeting program implementation objectives by managing contractor performance4 7c7 ,adherence to standards ,the ,secretary1 acting through the ,under ,secretary for ,management and the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 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 ,states4 ,the ,commissioner shall provide information1 as needed1 to assist the ,under ,secretary in monitoring management of border security technology acquisition programs under this section4 7d7 ,plan ,the ,secretary1 acting through the ,under ,secretary for ,management1 in coordination with the ,under ,secretary for ,science and ,technology and the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 shall submit to the appropriate congressional committees a plan for testing1 evaluating1 and using independent verification and validation resources for border security technology4 ,under the plan1 new border security technologies shall be evaluated through a series of assessments1 processes1 and audits to ensure-- 7#a7 compliance with relevant departmental acquisition policies and the ,federal ,acquisition ,regulation2 and 7#b7 the effective use of taxpayer dollars4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #dcc the following new item3 ,sec4 #dcd4 ,border security technology program management4 4 7c7 ,prohibition on additional authorization of appropriations ,no additional funds are authorized to be appropriated to carry out section #dcd of the ,homeland ,security ,act of #bjjb1 as added by subsection 7a74 ,such section shall be carried out using amounts otherwise authorized for such purposes4 #aag4 ,national ,guard support to secure the southern border and reimbursement of ,states for deployment of the ,national ,guard at the southern border 7a7 ,in general ,with the approval of the ,secretary and the ,secretary of ,defense1 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 #ejb7;f7 of title #cb1 ,united ,states ,code1 along the southern border for the purposes of assisting ,u4,s4 ,customs and ,border ,protection to achieve situational awareness and operational control of the border4 7b7 ,assignment of operations and missions 7#a7 ,in general ,national ,guard units and personnel deployed under subsection 7a7 may be assigned such operations and missions specified in subsection 7c7 as may be necessary to secure the southern border4 7#b7 ,nature of duty ,the duty of ,national ,guard personnel performing operations and missions described in paragraph 7#a7 shall be full-time duty under title #cb1 ,united ,states ,code4 7c7 ,range of operations and missions ,the operations and missions assigned under subsection 7b7 shall include the temporary authority to-- 7#a7 construct reinforced fencing or other barriers2 7#b7 operate ground-based surveillance systems2 7#c7 operate unmanned and manned aircraft2 7#d7 provide radio communications interoperability between ,u4,s4 ,customs and ,border ,protection and ,state1 local1 and tribal law enforcement agencies2 7#e7 construct checkpoints along the ,southern border to bridge the gap to long-term permanent checkpoints2 and 7#f7 provide intelligence support4 7d7 ,materiel and logistical support ,the ,secretary of ,defense shall deploy such materiel1 equipment1 and logistical support as may be necessary to ensure success of the operations and missions conducted by the ,national ,guard under this section4 7e7 ,exclusion from national guard personnel strength limitations ,national ,guard personnel deployed under subsection 7a7 shall not be included in-- 7#a7 the calculation to determine compliance with limits on end strength for ,national ,guard personnel2 or 7#b7 limits on the number of ,national ,guard personnel that may be placed on active duty for operational support under section #aae of title #aj1 ,united ,states ,code4 7f7 ,reimbursement required 7#a7 ,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 mission4 ,the ,secretary of ,defense may not seek reimbursement from the ,secretary for any reimbursements paid to ,states for the costs of such deployments4 7#b7 ,limitation ,the total amount of reimbursements under this section may not exceed #ce1jjj1jjj for any fiscal year4 #aah4 ,operation ,phalanx 7a7 ,in general ,the ,secretary of ,defense1 with the concurrence of the ,secretary1 shall provide assistance to ,u4,s4 ,customs and ,border ,protection for purposes of increasing ongoing efforts to secure the southern border4 7b7 ,types of assistance authorized ,the assistance provided under subsection 7a7 may include-- 7#a7 deployment of manned aircraft1 unmanned aerial surveillance systems1 and ground-based surveillance systems to support continuous surveillance of the southern border2 and 7#b7 intelligence analysis support4 7c7 ,materiel and logistical support ,the ,secretary of ,defense may deploy such materiel1 equipment1 and logistics support as may be necessary to ensure the effectiveness of the assistance provided under subsection 7a74 7d7 ,authorization of appropriations ,there are authorized to be appropriated for the ,department of ,defense #ge1jjj1jjj to provide assistance under this section4 ,the ,secretary of ,defense may not seek reimbursement from the ,secretary for any assistance provided under this section4 7e7 ,reports 7#a7 ,in general ,not later than #ij days after the date of the enactment of this ,act and annually thereafter1 the ,secretary of ,defense shall submit a report to the appropriate congressional defense committees 7as defined in section #aja7;a77#af7 of title #aj1 ,united ,states ,code7 regarding any assistance provided under subsection 7a7 during the period specified in paragraph 7#c74 7#b7 ,elements ,each report under paragraph 7#a7 shall include1 for the period specified in paragraph 7#c71 a description of-- 7,a7 the assistance provided2 7,b7 the sources and amounts of funds used to provide such assistance2 and 7,c7 the amounts obligated to provide such assistance4 7#c7 ,period specified ,the period specified in this paragraph is-- 7,a7 in the case of the first report required under paragraph 7#a71 the #ij-;day period beginning on the date of the enactment of this ,act2 and 7,b7 in the case of any subsequent report submitted under paragraph 7#a71 the calendar year for which the report is submitted4 #aai4 ,merida ,initiative 7a7 ,sense of ,congress ,it is the sense of ,congress that assistance to ,mexico1 including assistance from the ,department of ,state and the ,department of ,defense and any aid related to the ,merida ,initiative should-- 7#a7 focus on providing enhanced border security at ,mexico's northern and southern borders1 judicial reform1 and support for ,mexico's anti-drug efforts2 and 7#b7 return to its original focus and prioritize security1 training1 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 efforts4 7b7 ,assistance for ,mexico ,the ,secretary of ,state1 in coordination with the ,secretary and the ,secretary of ,defense1 shall provide level and consistent assistance to ,mexico to-- 7#a7 combat drug production and trafficking and related violence1 transnational organized criminal organizations1 and corruption2 7#b7 build a secure1 modern border security system capable of preventing illegal migration2 7#c7 support border security and cooperation with ,united ,states military1 intelligence1 and law enforcement agencies on border incursions2 7#d7 support judicial reform1 institution building1 and rule of law activities to build judicial capacity1 address corruption and impunity1 and support human rights2 and 7#e7 provide for training and equipment for ,mexican security forces involved in efforts to eradicate and interdict drugs4 7c7 ,allocation of funds2 ,report 7#a7 ,in general ,notwithstanding any other provision of law1 #ej 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 7#c7 certifying that the ,government of ,mexico is-- 7,a7 significantly reducing illegal migration1 drug trafficking1 and cross-border criminal activities on ,mexico's northern and southern borders2 7,b7 taking significant action to address corruption1 impunity1 and human rights abuses2 and 7,c7 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 forces4 7#b7 ,matters to include ,the report required under paragraph 7#a7 shall include a description of-- 7,a7 actions taken by the ,government of ,mexico to address the matters described in such paragraph2 7,b7 any relevant assessments by civil society and non-government organizations in ,mexico relating to such matters2 and 7,c7 any instances in which the ,secretary determines that the actions taken by the ,government of ,mexico are inadequate to address such matters4 7#c7 ,congressional committees specified ,the congressional committees specified in this paragraph are-- 7,a7 the ,committee on ,appropriations of the ,senate2 7,b7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,c7 the ,committee on the ,judiciary of the ,senate2 7,d7 the ,committee on ,foreign ,relations of the ,senate2 7,e7 the ,committee on ,appropriations of the ,house of ,representatives2 7,f7 the ,committee on ,homeland ,security of the ,house of ,representatives2 7,g7 the ,committee on the ,judiciary of the ,house of ,representatives2 and 7,h7 the ,committee on ,foreign ,affairs of the ,house of ,representatives4 7d7 ,notifications ,any assistance made available by the ,secretary of ,state under this section shall be subject to-- 7#a7 the notification procedures set forth in section #fcd;,a of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcid-a72 and 7#b7 the notification requirements of-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,b7 the ,committee on the ,judiciary of the ,senate2 7,c7 the ,committee on ,foreign ,relations of the ,senate2 7,d7 the ,committee on ,homeland ,security of the ,house of ,representatives2 7,e7 the ,committee on the ,judiciary of the ,house of ,representatives2 and 7,f7 the ,committee on ,foreign ,affairs in the ,house of ,representatives4 7e7 ,spending plan 7#a7 ,in general ,not later than #de days after the date of the enactment of this ,act1 the ,secretary of ,state shall submit to the congressional committees specified in paragraph 7#b7 a detailed spending plan for assistance to ,mexico under this section1 which shall include a strategy1 developed after consulting with relevant authorities of the ,government of ,mexico1 for-- 7,a7 combating drug trafficking and related violence and organized crime2 and 7,b7 anti-corruption and rule of law activities1 which shall include concrete goals1 actions to be taken1 budget proposals1 and a description of anticipated results4 7#b7 ,congressional committees specified ,the congressional committees specified in this paragraph are-- 7,a7 the ,committee on ,appropriations of the ,senate2 7,b7 the ,committee on ,foreign ,relations of the ,senate2 7,c7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,d7 the ,committee on the ,judiciary of the ,senate2 7,e7 the ,committee on ,appropriations of the ,house of ,representatives2 7,f7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 7,g7 the ,committee on ,homeland ,security of the ,house of ,representatives2 and 7,h7 the ,committee on the ,judiciary of the ,house of ,representatives4 #abj4 ,prohibitions on actions that impede border security on certain ,federal land 7a7 ,prohibition on interference with ,u4,s4 ,customs and ,border ,protection 7#a7 ,in general ,the ,secretary concerned shall not impede1 prohibit1 or restrict activities of ,u4,s4 ,customs and ,border ,protection on covered ,federal land to execute search and rescue operations or to prevent all unlawful entries into the ,united ,states1 including entries by terrorists1 other unlawful aliens1 instruments of terrorism1 narcotics1 and other contraband through the southern border or the northern border4 7#b7 ,applicability ,the authority of ,u4,s4 ,customs and ,border ,protection to conduct activities described in paragraph 7#a7 on covered ,federal land applies without regard to whether a state of emergency exists4 7b7 ,authorized activities of ,u4,s4 ,customs and ,border ,protection 7#a7 ,in general ,u4,s4 ,customs and ,border ,protection shall have immediate access to covered ,federal land to conduct the activities described in paragraph 7#b7 on such land to prevent all unlawful entries into the ,united ,states1 including entries by terrorists1 other unlawful aliens1 instruments of terrorism1 narcotics1 and other contraband through the southern border or the northern border4 7#b7 ,activities described ,the activities described in this paragraph are-- 7,a7 ,the use of motorized vehicles1 foot patrols1 and horseback to patrol the border area1 apprehend illegal entrants1 and rescue individuals2 and 7,b7 the construction1 installation1 operation and maintenance of tactical infrastructure and border technology described in section #ajb of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7as amended by section #aaa of this ,act74 7c7 ,clarification relating to waiver authority 7#a7 ,in general ,the activities of ,u4,s4 ,customs and ,border ,protection described in subsection 7b77#b7 may be carried out without regard to the provisions of law specified in paragraph 7#b74 7#b7 ,provisions of law specified ,the provisions of law specified in this section are all ,federal1 ,state1 or other laws1 regulations1 and legal requirements of1 deriving from1 or related to the subject of1 the following laws3 7,a7 ,the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7,b7 ,the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 7,c7 ,the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 7commonly referred to as the ,clean ,water ,act74 7,d7 ,division ,a of subtitle ,,iii of title #ed1 ,united ,states ,code 7#ed ,u4,s4,c4 #cjjcja et seq47 7formerly known as the ,national ,historic ,preservation ,act74 7,e7 ,the ,migratory ,bird ,treaty ,act 7#af ,u4,s4,c4 #gjc et seq474 7,f7 ,the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq474 7,g7 ,the ,archaeological ,resources ,protection ,act of #aigi 7#af ,u4,s4,c4 #dgj;aa et seq474 7,h7 ,the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq474 7,i7 ,the ,noise ,control ,act of #aigb 7#db ,u4,s4,c4 #dija et seq474 7,j7 ,the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fija et seq474 7,k7 ,the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq474 7,l7 ,chapter #cabe of title #ed1 ,united ,states ,code 7formerly known as the ,archaeological and ,historic ,preservation ,act74 7,m7 ,the ,antiquities ,act 7#af ,u4,s4,c4 #dca et seq474 7,n7 ,chapter #cbjc of title #ed1 ,united ,states ,code 7formerly known as the ,historic ,sites1 ,buildings1 and ,antiquities ,act74 7,o7 ,the ,wild and ,scenic ,rivers ,act 7#af ,u4,s4,c4 #abga et seq474 7,p7 ,the ,farmland ,protection ,policy ,act 7#g ,u4,s4,c4 #dbja et seq474 7,q7 ,the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adea et seq474 7,r7 ,the ,wilderness ,act 7#af ,u4,s4,c4 #aaca et seq474 7,s7 ,the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq474 7,t7 ,the ,national ,wildlife ,refuge ,system ,administration ,act of #aiff 7#af ,u4,s4,c4 #ffh;dd et seq474 7,u7 ,the ,fish and ,wildlife ,act of #aief 7#af ,u4,s4,c4 #gdb;a et seq474 7,v7 ,the ,fish and ,wildlife ,coordination ,act 7#af ,u4,s4,c4 #ffa et seq474 7,w7 ,subchapter ,,ii of chapter #e1 and chapter #g1 of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act74 7,x7 ,the ,otay ,mountain ,wilderness ,act of #aiii 7,public ,law #ajf-ade74 7,y7 ,sections #ajb7bi7 and #ajc of the ,california ,desert ,protection ,act of #aiid 7,public ,law #ajc-dcc74 7,z7 ,division ,a of subtitle ,i of title #ed1 ,united ,states ,code 7formerly known as the ,national ,park ,service ,organic ,act4 7,,aa7 ,the ,national ,park ,service ,general ,authorities ,act 7,public ,law #ia-chc1 #af ,u4,s4,c4 #a;a-#a et seq474 7,,bb7 ,sections #dja7g71 #djc1 and #djd of the ,national ,parks and ,recreation ,act of #aigh 7,public ,law #ie-fbe74 7,,cc7 ,sections #cja7;a7 through 7f7 of the ,arizona ,desert ,wilderness ,act 7,public ,law #aja-fbh74 7,,dd7 ,the ,rivers and ,harbors ,act of #ahii 7#cc ,u4,s4,c4 #djc74 7,,ee7 ,the ,eagle ,protection ,act 7#af ,u4,s4,c4 #ffh et seq474 7,,ff7 ,the ,native ,american ,graves ,protection and ,repatriation ,act 7#be ,u4,s4,c4 #cjja et seq474 7,,gg7 ,the ,american ,indian ,religious ,freedom ,act 7#db ,u4,s4,c4 #aiif74 7,,hh7 ,the ,religious ,freedom ,restoration ,act 7#db ,u4,s4,c4 #bjjj;bb74 7,,ii7 ,the ,national ,forest ,management ,act of #aigf 7#af ,u4,s4,c4 #afjj et seq474 7,,jj7 ,the ,multiple ,use and ,sustained ,yield ,act of #aifj 7#af ,u4,s4,c4 #ebh et seq474 7#c7 ,applicability of waiver to successor laws ,if a provision of law specified in paragraph 7#b7 was repealed and incorporated into title #ed1 ,united ,states ,code1 after ,april #a1 #bjjh1 and before the date of the enactment of this ,act1 the waiver described in paragraph 7#a7 shall apply to the provision of such title that corresponds to the provision of law specified in paragraph 7#b7 to the same extent the waiver applied to that provision of law4 7#d7 ,savings clause ,the waiver authority under this subsection may not be construed as affecting1 negating1 or diminishing in any manner the applicability of section #eeb of title #e1 ,united ,states ,code 7commonly referred to as the 8,freedom of ,information ,act071 in any relevant matter4 7d7 ,protection of legal uses ,this section may not be construed to provide-- 7#a7 authority to restrict legal uses1 such as grazing1 hunting1 mining1 or recreation or the use of backcountry airstrips1 on land under the jurisdiction of the ,secretary of the ,interior or the ,secretary of ,agriculture2 or 7#b7 any additional authority to restrict legal access to such land4 7e7 ,effect on ,state and private land ,this section shall-- 7#a7 have no force or effect on ,state lands or private lands2 and 7#b7 not provide authority on or access to ,state lands or private lands4 7f7 ,tribal sovereignty ,nothing in this section may be construed to supersede1 replace1 negate1 or diminish treaties or other agreements between the ,united ,states and ,indian tribes4 7g7 ,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 ,u4,s4 ,customs and ,border ,protection and a ,national ,park ,unit before1 on1 or after the date of the enactment of this ,act4 7h7 ,definitions ,in this section3 7#a7 ,covered federal land ,the term covered ,federal land includes all land under the control of the ,secretary concerned that is located within #ajj miles of the southern border or the northern border4 7#b7 ,secretary concerned ,the term ,secretary concerned means-- 7,a7 with respect to land under the jurisdiction of the ,department of ,agriculture1 the ,secretary of ,agriculture2 and 7,b7 with respect to land under the jurisdiction of the ,department of the ,interior1 the ,secretary of the ,interior4 #aba4 ,landowner and rancher security enhancement 7a7 ,establishment of ,national ,border ,security ,advisory ,committee ,the ,secretary shall establish a ,national ,border ,security ,advisory ,committee1 which-- 7#a7 may advise1 consult with1 report to1 and make recommendations to the ,secretary on matters relating to border security matters1 including-- 7,a7 verifying security claims and the border security metrics established by the ,department of ,homeland ,security under section #ajib of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag 7,public ,law #aad-cbh2 #f ,u4,s4,c4 #bbc72 and 7,b7 discussing ways to improve the security of high traffic areas along the northern border and the southern border2 and 7#b7 may provide1 through the ,secretary1 recommendations to ,congress4 7b7 ,consideration of views ,the ,secretary shall consider the information1 advice1 and recommendations of the ,national ,border ,security ,advisory ,committee in formulating policy regarding matters affecting border security4 7c7 ,membership ,the ,national ,border ,security ,advisory ,committee shall consist of at least one member from each ,state who-- 7#a7 has at least five years practical experience in border security operations2 or 7#b7 lives and works in the ,united ,states within #hj miles from the southern border or the northern border4 7d7 ,nonapplicability of ,federal ,advisory ,committee ,act ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the ,national ,border ,security ,advisory ,committee4 #abb4 ,eradication of carrizo cane and salt cedar ,not later than ,january #bj1 #bjba1 the ,secretary1 after coordinating with the heads of the relevant ,federal1 ,state1 and local agencies1 shall begin eradicating the carrizo cane plant and any salt cedar along the ,rio ,grande ,river4 #abc4 ,southern border threat analysis 7a7 ,threat analysis 7#a7 ,requirement ,not later than #ahj days after the date of the enactment of this ,act1 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 analysis4 7#b7 ,contents ,the analysis submitted under paragraph 7#a7 shall include an assessment of-- 7,a7 current and potential terrorism and criminal threats posed by individuals and organized groups seeking-- 7i7 to unlawfully enter the ,united ,states through the ,southern border2 or 7ii7 to exploit security vulnerabilities along the ,southern border2 7,b7 improvements needed at and between ports of entry along the ,southern border to prevent terrorists and instruments of terror from entering the ,united ,states2 7,c7 gaps in law1 policy1 and coordination between ,state1 local1 or tribal law enforcement1 international agreements1 or tribal agreements that hinder effective and efficient border security1 counterterrorism1 and anti-human smuggling and trafficking efforts2 7,d7 the current percentage of situational awareness achieved by the ,department along the ,southern border2 7,e7 the current percentage of operational control achieved by the ,department on the ,southern border2 and 7,f7 traveler crossing times and any potential security vulnerability associated with prolonged wait times4 7#c7 ,analysis requirements ,in compiling the ,southern border threat analysis required under this subsection1 the ,secretary shall consider and examine-- 7,a7 the technology needs and challenges1 including such needs and challenges identified as a result of previous investments that have not fully realized the security and operational benefits that were sought2 7,b7 the personnel needs and challenges1 including such needs and challenges associated with recruitment and hiring2 7,c7 the infrastructure needs and challenges2 7,d7 the roles and authorities of ,state1 local1 and tribal law enforcement in general border security activities2 7,e7 the status of coordination among ,federal1 ,state1 local1 tribal1 and ,mexican law enforcement entities relating to border security2 7,f7 the terrain1 population density1 and climate along the ,southern border2 and 7,g7 the international agreements between the ,united ,states and ,mexico related to border security4 7#d7 ,classified form ,to the extent possible1 the ,secretary shall submit the ,southern border threat analysis required under this subsection in unclassified form1 but may submit a portion of the threat analysis in classified form if the ,secretary determines such action is appropriate4 7b7 ,u4,s4 ,border ,patrol strategic plan 7#a7 ,in general ,not later than #ahj days after the submission of the threat analysis required under subsection 7a7 or ,june #cj1 #bjah1 and every five years thereafter1 the ,secretary1 acting through the ,chief of the ,u4,s4 ,border ,patrol1 shall issue a ,border ,patrol ,strategic ,plan4 7#b7 ,contents ,the ,border ,patrol ,strategic ,plan required under this subsection shall include a consideration of-- 7,a7 the ,southern border threat analysis required under subsection 7a71 with an emphasis on efforts to mitigate threats identified in such threat analysis2 7,b7 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 border2 7,c7 efforts to increase situational awareness1 including-- 7i7 surveillance capabilities1 including capabilities developed or utilized by the ,department of ,defense1 and any appropriate technology determined to be excess by the ,department of ,defense2 and 7ii7 the use of manned aircraft and unmanned aerial systems1 including camera and sensor technology deployed on such assets2 7,d7 efforts to detect and prevent terrorists and instruments of terrorism from entering the ,united ,states2 7,e7 efforts to detect1 interdict1 and disrupt aliens and illicit drugs at the earliest possible point2 7,f7 efforts to focus intelligence collection to disrupt transnational criminal organizations outside of the international and maritime borders of the ,united ,states2 7,g7 efforts to ensure that any new border security technology can be operationally integrated with existing technologies in use by the ,department2 7,h7 any technology required to maintain1 support1 and enhance security and facilitate trade at ports of entry1 including nonintrusive detection equipment1 radiation detection equipment1 biometric technology1 surveillance systems1 and other sensors and technology that the ,secretary determines to be necessary2 7,i7 operational coordination unity of effort initiatives of the border security components of the ,department1 including any relevant task forces of the ,department2 7,j7 lessons learned from ,operation ,jumpstart and ,operation ,phalanx2 7,k7 cooperative agreements and information sharing with ,state1 local1 tribal1 territorial1 and other ,federal law enforcement agencies that have jurisdiction on the ,northern border or the ,southern border2 7,l7 border security information received from consultation with ,state1 local1 tribal1 territorial1 and ,federal law enforcement agencies that have jurisdiction on the ,northern border or the ,southern border1 or in the maritime environment1 and from border community stakeholders 7including through public meetings with such stakeholders71 including representatives from border agricultural and ranching organizations and representatives from business and civic organizations along the ,northern border or the ,southern border2 7,m7 staffing requirements for all departmental border security functions2 7,n7 a prioritized list of departmental research and development objectives to enhance the security of the ,southern border2 7,o7 an assessment of training programs1 including training programs for-- 7i7 identifying and detecting fraudulent documents2 7ii7 understanding the scope of enforcement authorities and the use of force policies2 and 7iii7 screening1 identifying1 and addressing vulnerable populations1 such as children and victims of human trafficking2 and 7,p7 an assessment of how border security operations affect border crossing times4 #abd4 ,amendments to ,u4,s4 ,customs and ,border ,protection 7a7 ,duties ,subsection 7c7 of section #daa of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #baa7 is amended-- 7#a7 in paragraph 7#ag71 by striking and after the semicolon at the end2 7#b7 by redesignating paragraph 7#ah7 as paragraph 7#bj72 and 7#c7 by inserting after paragraph 7#ag7 the following new paragraphs3 7#ah7 administer the ,u4,s4 ,customs and ,border ,protection public private partnerships under subtitle ,g2 7#ai7 administer preclearance operations under the ,preclearance ,authorization ,act of #bjae 7#ai ,u4,s4,c4 #ddca et seq42 enacted as subtitle ,b of title ,,viii of the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae2 #ai ,u4,s4,c4 #dcja et seq472 and 4 7b7 ,office of ,field ,operations staffing ,subparagraph 7,a7 of section #daa7;g77#e7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #baa7;g77#e77 is amended by inserting before the period at the end the following3 compared to the number indicated by the current fiscal year work flow staffing model4 7c7 ,implementation plan ,subparagraph 7,b7 of section #had7;e77#a7 of the ,preclearance ,authorization ,act of #bjae 7#ai ,u4,s4,c4 #ddcc7;e77#a72 enacted as subtitle ,b of title ,,viii of the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae2 #ai ,u4,s4,c4 #dcja et seq47 is amended to read as follows3 7,b7 a port of entry vacancy rate which compares the number of officers identified in subparagraph 7,a7 with the number of officers at the port at which such officer is currently assigned4 4 #abe4 ,agent and officer technology use ,in carrying out section #ajb of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7as amended by section #aaa of this ,act7 and section #aac of this ,act1 the ,secretary shall1 to the greatest extent practicable1 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 ,security4 #abf4 ,integrated ,border ,enforcement ,teams 7a7 ,in general ,subtitle ,c of title ,,iv of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bca et seq471 as amended by section #aaf of this ,act1 is further amended by adding at the end the following new section3 #dce4 ,integrated ,border ,enforcement ,teams 7a7 ,establishment ,the ,secretary shall establish within the ,department a program to be known as the ,integrated ,border ,enforcement ,team program 7referred to in this section as ,,ibet74 7b7 ,purpose ,the ,secretary shall administer the ,,ibet program in a manner that results in a cooperative approach between the ,united ,states and ,canada to-- 7#a7 strengthen security between designated ports of entry2 7#b7 detect1 prevent1 investigate1 and respond to terrorism and violations of law related to border security2 7#c7 facilitate collaboration among components and offices within the ,department and international partners2 7#d7 execute coordinated activities in furtherance of border security and homeland security2 and 7#e7 enhance information-sharing1 including the dissemination of homeland security information among such components and offices4 7c7 ,composition and location of ibets 7#a7 ,composition ,i,b,e,ts shall be led by the ,united ,states ,border ,patrol and may be comprised of personnel from the following3 7,a7 ,other subcomponents of ,u4,s4 ,customs and ,border ,protection4 7,b7 ,u4,s4 ,immigration and ,customs ,enforcement1 led by ,homeland ,security ,investigations4 7,c7 ,the ,coast ,guard1 for the purpose of securing the maritime borders of the ,united ,states4 7,d7 ,other ,department personnel1 as appropriate4 7,e7 ,other ,federal departments and agencies1 as appropriate4 7,f7 ,appropriate ,state law enforcement agencies4 7,g7 ,foreign law enforcement partners4 7,h7 ,local law enforcement agencies from affected border cities and communities4 7,i7 ,appropriate tribal law enforcement agencies4 7#b7 ,location ,the ,secretary is authorized to establish ,i,b,e,ts in regions in which such teams can contribute to ,,ibet missions1 as appropriate4 ,when establishing an ,,ibet1 the ,secretary shall consider the following3 7,a7 ,whether the region in which the ,,ibet would be established is significantly impacted by cross-border threats4 7,b7 ,the availability of ,federal1 ,state1 local1 tribal1 and foreign law enforcement resources to participate in an ,,ibet4 7,c7 ,whether1 in accordance with paragraph 7#c71 other joint cross-border initiatives already take place within the region in which the ,,ibet would be established1 including other ,department cross-border programs such as the ,integrated ,cross-,border ,maritime ,law ,enforcement ,operation ,program established under section #gaa of the ,coast ,guard and ,maritime ,transportation ,act of #bjab 7#df ,u4,s4,c4 #gjaja note7 or the ,border ,enforcement ,security ,task ,force established under section #dcb4 7#c7 ,duplication of efforts ,in determining whether to establish a new ,,ibet or to expand an existing ,,ibet in a given region1 the ,secretary shall ensure that the ,,ibet under consideration does not duplicate the efforts of other existing interagency task forces or centers within such region1 including the ,integrated ,cross-,border ,maritime ,law ,enforcement ,operation ,program established under section #gaa of the ,coast ,guard and ,maritime ,transportation ,act of #bjab 7#df ,u4,s4,c4 #gjaja note7 or the ,border ,enforcement ,security ,task ,force established under section #dcb4 7d7 ,operation 7#a7 ,in general ,after determining the regions in which to establish ,i,b,e,ts1 the ,secretary may-- 7,a7 direct the assignment of ,federal personnel to such ,i,b,e,ts2 and 7,b7 take other actions to assist ,federal1 ,state1 local1 and tribal entities to participate in such ,i,b,e,ts1 including providing financial assistance1 as appropriate1 for operational1 administrative1 and technological costs associated with such participation4 7#b7 ,limitation ,coast ,guard personnel assigned under paragraph 7#a7 may be assigned only for the purposes of securing the maritime borders of the ,united ,states1 in accordance with subsection 7c77#a77;,c74 7e7 ,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 ,committee4 7f7 ,memoranda of understanding ,the ,secretary may enter into memoranda of understanding with appropriate representatives of the entities specified in subsection 7c77#a7 necessary to carry out the ,,ibet program4 7g7 ,report ,not later than #ahj days after the date on which an ,,ibet is established and biannually thereafter for the following six years1 the ,secretary shall submit to the appropriate congressional committees1 including the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 and in the case of ,coast ,guard personnel used to secure the maritime borders of the ,united ,states1 additionally to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 a report that-- 7#a7 describes the effectiveness of ,i,b,e,ts in fulfilling the purposes specified in subsection 7b72 7#b7 assess the impact of certain challenges on the sustainment of cross-border ,,ibet operations1 including challenges faced by international partners2 7#c7 addresses ways to support joint training for ,,ibet stakeholder agencies and radio interoperability to allow for secure cross-border radio communications2 and 7#d7 assesses how ,i,b,e,ts1 ,border ,enforcement ,security ,task ,forces1 and the ,integrated ,cross-,border ,maritime ,law ,enforcement ,operation ,program can better align operations1 including interdiction and investigation activities4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by adding after the item relating to section #dcd the following new item3 ,sec4 #dce4 ,integrated ,border ,enforcement ,teams4 4 #abg4 ,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 ,states4 ,b ,personnel #aca4 ,additional ,u4,s4 ,customs and ,border ,protection agents and officers 7a7 ,border patrol agents ,not later than ,september #cj1 #bjba1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall hire1 train1 and assign sufficient agents to maintain an active duty presence of not fewer than #bf1cgj full-time equivalent agents4 7b7 ,,cbp officers ,in addition to positions authorized before the date of the enactment of this ,act and any existing officer vacancies within ,u4,s4 ,customs and ,border ,protection as of such date1 the ,commissioner shall hire1 train1 and assign to duty1 not later than ,september #cj1 #bjba-- 7#a7 sufficient ,u4,s4 ,customs and ,border ,protection officers to maintain an active duty presence of not fewer than #bg1gbe full-time equivalent officers2 and 7#b7 #cej full-time support staff distributed among all ,united ,states ports of entry4 7c7 ,air and marine operations ,not later than ,september #cj1 #bjba1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall hire1 train1 and assign sufficient agents for ,air and ,marine ,operations of ,u4,s4 ,customs and ,border ,protection to maintain not fewer than #a1fge full-time equivalent agents and not fewer than #bfd ,marine and ,air ,interdiction ,agents for southern border air and maritime operations4 7d7 ,u4,s4 ,customs and ,border ,protection ,k-#i units and handlers 7#a7 ,k-#i units ,not later than ,september #cj1 #bjba1 the ,commissioner shall deploy not fewer than #cjj new ,k-#i units1 with supporting officers of ,u4,s4 ,customs and ,border ,protection and other required staff1 at land ports of entry and checkpoints1 on the southern border and the northern border4 7#b7 ,use of canines ,the ,commissioner shall prioritize the use of canines at the primary inspection lanes at land ports of entry and checkpoints4 7e7 ,u4,s4 ,customs and ,border ,protection horseback units 7#a7 ,increase ,not later than ,september #cj1 #bjba1 the ,commissioner shall increase the number of horseback units1 with supporting officers of ,u4,s4 ,customs and ,border ,protection and other required staff1 by not fewer than #ajj officers and #ej horses for security patrol along the ,southern border4 7#b7 ,funding limitation ,of the amounts authorized to be appropriated for ,u4,s4 ,customs and ,border ,protection under this ,act1 not more than one percent may be used for the purchase of additional horses1 the construction of new stables1 maintenance and improvements of existing stables1 and for feed1 medicine1 and other resources needed to maintain the health and well-being of the horses that serve in the horseback units4 7f7 ,u4,s4 ,customs and ,border ,protection search trauma and rescue teams ,not later than ,september #cj1 #bjba1 the ,commissioner shall increase by not fewer than #ej the number of officers engaged in search and rescue activities along the southern border4 7g7 ,u4,s4 ,customs and ,border ,protection tunnel detection and technology program ,not later than ,september #cj1 #bjba1 the ,commissioner shall increase by not fewer than #ej 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 ,states1 drug trafficking1 or human smuggling4 7h7 ,agricultural specialists ,not later than ,september #cj1 #bjba1 the ,secretary shall hire1 train1 and assign to duty1 in addition to the officers and agents authorized under subsections 7a7 through 7g71 #fca ,u4,s4 ,customs and ,border ,protection agricultural specialists to ports of entry along the southern border and the northern border4 7i7 ,office of ,professional ,responsibility ,not later than ,september #cj1 #bjba1 the ,commissioner shall hire1 train1 and assign sufficient ,office of ,professional ,responsibility special agents to maintain an active duty presence of not fewer than #eej full-time equivalent special agents4 7j7 ,,gao report ,if the staffing levels required under this section are not achieved by ,september #cj1 #bjba1 the ,comptroller ,general of the ,united ,states shall conduct a review of the reasons why such levels were not achieved4 #acb4 ,u4,s4 ,customs and ,border ,protection retention incentives 7a7 ,definitions ,in this section3 7#a7 ,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 employees1 as compared to other ports of entry or ,border ,patrol sectors4 7#b7 ,covered ,,cbp employee ,the term covered ,,cbp employee means an employee of ,u4,s4 ,customs and ,border ,protection performing activities that are critical to border security or customs enforcement1 as determined by the ,commissioner4 7#c7 ,rate of basic pay ,the term rate of basic pay-- 7,a7 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 #ecj of title #e1 ,code of ,federal ,regulations1 or similar payment under other legal authority1 and any locality-based comparability payment under subpart ,f of part #eca of title #e1 ,code of ,federal ,regulations1 or similar payment under other legal authority1 but excluding additional pay of any other kind2 and 7,b7 does not include additional pay1 such as night shift differentials under section #ecdc7;f7 of title #e1 ,united ,states ,code1 or environmental differentials under section #ecdc7;c77#d7 of such title4 7#d7 ,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 entry4 7b7 ,hiring incentives 7#a7 ,in general ,to the extent necessary for ,u4,s4 ,customs and ,border ,protection to hire1 train1 and deploy qualified officers and employees1 and to the extent necessary to meet the requirements set forth in section #aca1 the ,commissioner1 with the approval of the ,secretary1 may pay a hiring bonus of #aj1jjj to a covered ,,cbp employee1 after the covered ,,cbp completes initial basic training and executes a written agreement required under paragraph 7#b74 7#b7 ,written agreement ,the payment of a hiring bonus to a covered ,,cbp employee under paragraph 7#a7 is contingent upon the covered ,,cbp employee entering into a written agreement with ,u4,s4 ,customs and ,border ,protection to complete more than two years of employment with ,u4,s4 ,customs and ,border ,protection beginning on the date on which the agreement is signed4 ,such agreement shall include-- 7,a7 the amount of the hiring bonus2 7,b7 the conditions under which the agreement may be terminated before the required period of service is completed and the effect of such termination2 7,c7 the length of the required service period2 and 7,d7 any other terms and conditions under which the hiring bonus is payable1 subject to the requirements under this section4 7#c7 ,form of payment ,a signing bonus paid to a covered ,,cbp employee under paragraph 7#a7 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 7#b74 7#d7 ,exclusion of signing bonus from rate of pay ,a signing bonus paid to a covered ,,cbp employee under paragraph 7#a7 shall not be considered part of the rate of basic pay of the covered ,,cbp employee for any purpose4 7#e7 ,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-- 7,a7 ,september #cj1 #bjai2 or 7,b7 the date on which ,u4,s4 ,customs and ,border ,protection has #bf1cgj full-time equivalent agents4 7c7 ,retention incentives 7#a7 ,in general ,to the extent necessary for ,u4,s4 ,customs and ,border ,protection to retain qualified employees1 and to the extent necessary to meet the requirements set forth in section #aca1 the ,commissioner1 with the approval of the ,secretary1 may pay a retention incentive to a covered ,,cbp employee who has been employed with ,u4,s4 ,customs and ,border ,protection for a period of longer than two consecutive years1 and the ,commissioner determines that1 in the absence of the retention incentive1 the covered ,,cbp employee would likely-- 7,a7 leave the ,federal service2 or 7,b7 transfer to1 or be hired into1 a different position within the ,department 7other than another position in ,,cbp74 7#b7 ,written agreement ,the payment of a retention incentive to a covered ,,cbp employee under paragraph 7#a7 is contingent upon the covered ,,cbp employee entering into a written agreement with ,u4,s4 ,customs and ,border ,protection to complete more than two years of employment with ,u4,s4 ,customs and ,border ,protection beginning on the date on which the ,,cbp employee enters on duty and the agreement is signed4 ,such agreement shall include-- 7,a7 the amount of the retention incentive2 7,b7 the conditions under which the agreement may be terminated before the required period of service is completed and the effect of such termination2 7,c7 the length of the required service period2 and 7,d7 any other terms and conditions under which the retention incentive is payable1 subject to the requirements under this section4 7#c7 ,criteria ,when determining the amount of a retention incentive paid to a covered ,,cbp employee under paragraph 7#a71 the ,commissioner shall consider-- 7,a7 the length of the ,federal service and experience of the covered ,,cbp employee2 7,b7 the salaries for law enforcement officers in other ,federal agencies2 and 7,c7 the costs of replacing the covered ,,cbp employee1 including the costs of training a new employee4 7#d7 ,amount of retention incentive ,a retention incentive paid to a covered ,,cbp employee under paragraph 7#a7-- 7,a7 shall be approved by the ,secretary and the ,commissioner2 7,b7 shall be stated as a percentage of the employee's rate of basic pay for the service period associated with the incentive2 and 7,c7 may not exceed #be1jjj for each year of the written agreement4 7#e7 ,form of payment ,a retention incentive paid to a covered ,,cbp employee under paragraph 7#a7 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 7#b71 or in equal installments during the life of the service agreement1 as determined by the ,commissioner4 7#f7 ,exclusion of retention incentive from rate of pay ,a retention incentive paid to a covered ,,cbp employee under paragraph 7#a7 shall not be considered part of the rate of basic pay of the covered ,,cbp employee for any purpose4 7d7 ,pilot program on special rates of pay in covered areas 7#a7 ,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 areas1 as designated on the date of the enactment of this ,act1 to help meet the requirements set forth in section #aca4 7#b7 ,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 #abe percent of the otherwise applicable rate of basic pay of the covered ,,cbp employee4 7#c7 ,termination 7,a7 ,in general ,except as provided in subparagraph 7,b71 the pilot program shall terminate on the date that is two years after the date of the enactment of this ,act4 7,b7 ,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 #aca1 the ,secretary may extend the pilot program until the date that is four years after the date of the enactment of this ,act4 7#d7 ,report to congress ,shortly after the pilot program terminates under paragraph 7#c71 the ,commissioner shall submit a report to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 the ,committee on the ,judiciary of the ,senate1 the ,committee on ,homeland ,security of the ,house of ,representatives1 and the ,committee on the ,judiciary of the ,house of ,representatives that details-- 7,a7 the total amount paid to covered ,,cbp employees under the pilot program2 and 7,b7 the covered areas in which the pilot program was implemented4 7e7 ,salaries 7#a7 ,in general ,section #aja7;b7 of the ,enhanced ,border ,security and ,visa ,entry ,reform ,act of #bjjb 7#h ,u4,s4,c4 #agaa7;b77 is amended to read as follows3 7b7 ,authorization of appropriations for ,,cbp employees ,there are authorized to be appropriated to ,u4,s4 ,customs and ,border ,protection such sums as may be necessary to increase1 effective ,january #a1 #bjah1 the annual rate of basic pay for ,u4,s4 ,customs and ,border ,protection employees who have completed at least one year of service-- 7#a7 to the annual rate of basic pay payable for positions at ,,gs-#ab1 step #a of the ,general ,schedule under subchapter ,,iii of chapter #ec of title #e1 ,united ,states ,code1 for officers and agents who are receiving the annual rate of basic pay payable for a position at ,,gs-#e1 ,,gs-#f1 ,,gs-#g1 ,,gs-#h1 or ,,gs-#i of the ,general ,schedule2 7#b7 to the annual rate of basic pay payable for positions at ,,gs-#ab1 step #aj 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-#aj of the ,general ,schedule2 7#c7 to the annual rate of basic pay payable for positions at ,,gs-#ad1 step #a 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-#aa of the ,general ,schedule2 7#d7 to the annual rate of basic pay payable for positions at ,,gs-#ab1 step #aj 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-#ab or ,,gs-#ac of the ,general ,schedule2 and 7#e7 to the annual rate of basic pay payable for positions at ,,gs-#h1 ,,gs-#i1 or ,,gs-#aj of the ,general ,schedule for assistants who are receiving an annual rate of pay payable for positions at ,,gs-#e1 ,,gs-#f1 or ,,gs-#g of the ,general ,schedule1 respectively4 4 7#b7 ,hardship duty pay ,in addition to compensation to which ,border ,patrol agents are otherwise entitled1 ,border ,patrol agents who are assigned to rural areas shall be entitled to receive hardship duty pay1 in lieu of a retention incentive under subsection 7b71 in an amount determined by the ,commissioner1 which may not exceed the rate of special pay to which members of a uniformed service are entitled under section #caj of title #cg1 ,united ,states ,code4 7#c7 ,overtime limitation ,section #e7;c77#a7 of the ,act of ,february #ac1 #aiaa 7#ai ,u4,s4,c4 #bfg7;c77#a77 is amended by striking #be1jjj and inserting #de1jjj4 #acc4 ,anti-,border ,corruption ,reauthorization ,act 7a7 ,short title ,this section may be cited as the ,anti-,border ,corruption ,reauthorization ,act of #bjag4 7b7 ,hiring flexibility ,section #c of the ,anti-,border ,corruption ,act of #bjaj 7#f ,u4,s4,c4 #bba7 is amended by striking subsection 7b7 and inserting the following new subsections3 7b7 ,waiver authority ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection may waive the application of subsection 7a77#a7-- 7#a7 to a current1 full-time law enforcement officer employed by a ,state or local law enforcement agency who-- 7,a7 has continuously served as a law enforcement officer for not fewer than three years2 7,b7 is authorized by law to engage in or supervise the prevention1 detection1 investigation1 or prosecution of1 or the incarceration of any person for1 any violation of law1 and has statutory powers for arrest or apprehension2 7,c7 is not currently under investigation1 has not been found to have engaged in criminal activity or serious misconduct1 has not resigned from a law enforcement officer position under investigation or in lieu of termination1 and has not been dismissed from a law enforcement officer position2 and 7,d7 has1 within the past ten years1 successfully completed a polygraph examination as a condition of employment with such officer's current law enforcement agency2 7#b7 to a current1 full-time ,federal law enforcement officer who-- 7,a7 has continuously served as a law enforcement officer for not fewer than three years2 7,b7 is authorized to make arrests1 conduct investigations1 conduct searches1 make seizures1 carry firearms1 and serve orders1 warrants1 and other processes2 7,c7 is not currently under investigation1 has not been found to have engaged in criminal activity or serious misconduct1 has not resigned from a law enforcement officer position under investigation or in lieu of termination1 and has not been dismissed from a law enforcement officer position2 and 7,d7 holds a current ,tier #d background investigation or current ,tier #e background investigation2 and 7#c7 to a member of the ,armed ,forces 7or a reserve component thereof7 or a veteran1 if such individual-- 7,a7 has served in the ,armed ,forces for not fewer than three years2 7,b7 holds1 or has held within the past five years1 a ,secret1 ,top ,secret1 or ,top ,secret_/,sensitive ,compartmented ,information clearance2 7,c7 holds1 or has undergone within the past five years1 a current ,tier #d background investigation or current ,tier #e background investigation2 7,d7 received1 or is eligible to receive1 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 ,justice2 and 7,e7 was not granted any waivers to obtain the clearance referred to subparagraph 7,b74 7c7 ,termination of waiver authority ,the authority to issue a waiver under subsection 7b7 shall terminate on the date that is four years after the date of the enactment of the ,border ,security for ,america ,act of #bjag4 4 7c7 ,supplemental commissioner authority and definitions 7#a7 ,supplemental commissioner authority ,section #d of the ,anti-,border ,corruption ,act of #bjaj is amended to read as follows3 #d4 ,supplemental commissioner authority 7a7 ,non-exemption ,an individual who receives a waiver under section #c7;b7 is not exempt from other hiring requirements relating to suitability for employment and eligibility to hold a national security designated position1 as determined by the ,commissioner of ,u4,s4 ,customs and ,border ,protection4 7b7 ,background investigations ,any individual who receives a waiver under section #c7;b7 who holds a current ,tier #d background investigation shall be subject to a ,tier #e background investigation4 7c7 ,administration of polygraph examination ,the ,commissioner of ,u4,s4 ,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 #c7;b7 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 employment1 as the case may be4 4 7#b7 ,report ,the ,anti-,border ,corruption ,act of #bjaj1 as amended by paragraph 7#a71 is further amended by adding at the end the following new section3 #e4 ,reporting 7a7 ,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 #c7;b7 is in effect1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall submit to ,congress a report that includes1 with respect to each such reporting period-- 7#a7 the number of waivers requested1 granted1 and denied under section #c7;b72 7#b7 the reasons for any denials of such waiver2 7#c7 the percentage of applicants who were hired after receiving a waiver2 7#d7 the number of instances that a polygraph was administered to an applicant who initially received a waiver and the results of such polygraph2 7#e7 an assessment of the current impact of the polygraph waiver program on filling law enforcement positions at ,u4,s4 ,customs and ,border ,protection2 and 7#f7 additional authorities needed by ,u4,s4 ,customs and ,border ,protection to better utilize the polygraph waiver program for its intended goals4 7b7 ,additional information ,the first report submitted under subsection 7a7 shall include-- 7#a7 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 suitability2 and 7#b7 a recommendation regarding whether a test referred to in paragraph 7#a7 should be adopted by ,u4,s4 ,customs and ,border ,protection when the polygraph examination requirement is waived pursuant to section #c7;b74 4 7#c7 ,definitions ,the ,anti-,border ,corruption ,act of #bjaj1 as amended by paragraphs 7#a7 and 7#b71 is further amended by adding at the end the following new section3 #f4 ,definitions ,in this ,act3 7#a7 ,federal law enforcement officer ,the term ,federal law enforcement officer means a law enforcement officer defined in section #hcca7bj7 or #hdja7ag7 of title #e1 ,united ,states ,code4 7#b7 ,serious military or civil offense ,the term serious military or civil offense means an offense for which-- 7,a7 a member of the ,armed ,forces may be discharged or separated from service in the ,armed ,forces2 and 7,b7 a punitive discharge is1 or would be1 authorized for the same or a closely related offense under the ,manual for ,court-,martial1 as pursuant to ,army ,regulation #fce-bjj chapter #ad-ab4 7#c7 ,tier #d2 ,tier #e ,the terms ,tier #d and ,tier #e with respect to background investigations have the meaning given such terms under the #bjab ,federal ,investigative ,standards4 7#d7 ,veteran ,the term veteran has the meaning given such term in section #aja7b7 of title #ch1 ,united ,states ,code4 4 7d7 ,polygraph examiners ,not later than ,september #cj1 #bjba1 the ,secretary shall increase to not fewer than #aej the number of trained full-time equivalent polygraph examiners for administering polygraphs under the ,anti-,border ,corruption ,act of #bjaj1 as amended by this subtitle4 #acd4 ,training for officers and agents of ,u4,s4 ,customs and ,border ,protection 7a7 ,in general ,subsection 7l7 of section #daa of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #baa7 is amended to read as follows3 7l7 ,training and continuing education 7#a7 ,mandatory training and continuing education ,the ,commissioner shall ensure that every agent and officer of ,u4,s4 ,customs and ,border ,protection receives a minimum of #ba weeks of training that are directly related to the mission of the ,u4,s4 ,border ,patrol1 ,air and ,marine1 and the ,office of ,field ,operations before the initial assignment of such agents and officers4 7#b7 ,,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 ,u4,s4 ,customs and ,border ,protection under subsection 7a74 7#c7 ,continuing education ,the ,commissioner shall annually require all agents and officers of ,u4,s4 ,customs and ,border ,protection who are required to undergo training under subsection 7a7 to participate in not fewer than eight hours of continuing education annually to maintain and update understanding of ,federal legal rulings1 court decisions1 and ,department policies1 procedures1 and guidelines related to relevant subject matters4 7#d7 ,leadership training ,not later than one year after the date of the enactment of this subsection1 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 roles4 4 7b7 ,report ,not later than #ahj days after the date of the enactment of this ,act1 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 7l7 of section #daa of the ,homeland ,security ,act of #bjjb1 as amended by subsection 7a7 of this section4 7c7 ,assessment ,not later than four years after the date of the enactment of this ,act1 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 education1 including continuing education1 required under subsection 7l7 of section #daa of the ,homeland ,security ,act of #bjjb1 as amended by subsection 7a7 of this section4 ,c ,grants #ada4 ,operation ,stonegarden 7a7 ,in general ,subtitle ,a of title ,,xx of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fja et seq47 is amended by adding at the end the following new section3 #bjji4 ,operation ,stonegarden 7a7 ,establishment ,there is established in the ,department a program to be known as ,operation ,stonegarden1 under which the ,secretary1 acting through the ,administrator1 shall make grants to eligible law enforcement agencies1 through the ,state administrative agency1 to enhance border security in accordance with this section4 7b7 ,eligible recipients ,to be eligible to receive a grant under this section1 a law enforcement agency-- 7#a7 shall be located in-- 7,a7 a ,state bordering ,canada or ,mexico2 or 7,b7 a ,state or territory with a maritime border2 and 7#b7 shall be involved in an active1 ongoing1 ,u4,s4 ,customs and ,border ,protection operation coordinated through a ,u4,s4 ,border ,patrol sector office4 7c7 ,permitted uses ,the recipient of a grant under this section may use such grant for-- 7#a7 equipment1 including maintenance and sustainment costs2 7#b7 personnel1 including overtime and backfill1 in support of enhanced border law enforcement activities2 7#c7 any activity permitted for ,operation ,stonegarden under the ,department of ,homeland ,security's ,fiscal ,year #bjag ,homeland ,security ,grant ,program ,notice of ,funding ,opportunity2 and 7#d7 any other appropriate activity1 as determined by the ,administrator1 in consultation with the ,commissioner of ,u4,s4 ,customs and ,border ,protection4 7d7 ,period of performance ,the ,secretary shall award grants under this section to grant recipients for a period of not less than #cf months4 7e7 ,report ,for each of the fiscal years #bjah through #bjbb1 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 recipient4 7f7 ,authorization of appropriations ,there is authorized to be appropriated #aaj1jjj1jjj for each of the fiscal years #bjah through #bjbb for grants under this section4 4 7b7 ,conforming amendment ,subsection 7a7 of section #bjjb of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fjc7 is amended to read as follows3 7a7 ,grants authorized ,the ,secretary1 through the ,administrator1 may award grants under sections #bjjc1 #bjjd1 and #bjji to ,state1 local1 and tribal governments1 as appropriate4 4 7c7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #bjjh the following3 ,sec4 #bjji4 ,operation ,stonegarden4 4 ,d ,authorization of ,appropriations #aea4 ,authorization of appropriations ,in addition to amounts otherwise authorized to be appropriated1 there are authorized to be appropriated for each of the fiscal years #bjah through #bjba1 #b1ejj1jjj1jjj to implement this title and the amendments made by this title1 of which-- 7#a7 #aj1jjj1jjj shall be used by the ,department of ,homeland ,security to implement ,vehicle and ,dismount ,exploitation ,radars 7,,vader7 in border security operations2 7#b7 #bjj1jjj1jjj shall be used by the ,department of ,state to implement section #aai2 and 7#c7 #bjj1jjj1jjj shall be used by the ,united ,states ,coast ,guard to implement paragraph 7#ah7 of section #aac7;a74 ,,ii ,emergency ,port of ,entry ,personnel and ,infrastructure ,funding #bja4 ,ports of entry infrastructure 7a7 ,additional ports of entry 7#a7 ,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 entry4 7#b7 ,consultation 7,a7 ,requirement to consult ,the ,secretary shall consult with the ,secretary of ,state1 the ,secretary of the ,interior1 the ,secretary of ,agriculture1 the ,secretary of ,transportation1 the ,administrator of ,general ,services1 and appropriate representatives of ,state and local governments1 and ,indian tribes1 and property owners in the ,united ,states prior to selecting a location for any new port constructed pursuant to paragraph 7#a74 7,b7 ,considerations ,the purpose of the consultations required by subparagraph 7,a7 shall be to minimize any negative impacts of such a new port on the environment1 culture1 commerce1 and quality of life of the communities and residents located near such new port4 7b7 ,expansion and modernization of high-volume southern border ports of entry ,not later than ,september #cj1 #bjba1 the ,secretary shall expand or modernize the primary and secondary inspection lanes for vehicle1 cargo1 and pedestrian inbound and outbound inspection lanes at ports of entry on the southern border1 as determined by the ,secretary1 for the purposes of reducing wait times and enhancing security1 as determined by the ,secretary4 7c7 ,port of entry prioritization ,prior to constructing any new ports of entry pursuant to subsection 7a71 the ,secretary shall complete the expansion and modernization of ports of entry pursuant to subsection 7b7 to the extent practicable4 7d7 ,notifications 7#a7 ,relating to new ports of entry ,not later than #ae days after determining the location of any new port of entry for construction pursuant to subsection 7a71 the ,secretary shall notify the ,members of ,congress who represent the ,state or congressional district in which such new port of entry will be located1 as well as the ,committee on ,homeland ,security and ,governmental ,affairs1 the ,committee on ,finance1 and the ,committee on the ,judiciary of the ,senate1 and the ,committee on ,homeland ,security1 the ,committee on ,ways and ,means1 and the ,committee on the ,judiciary of the ,house of ,representatives4 ,such notification shall include information relating to the location of such new port of entry1 a description of the need for such new port of entry and associated anticipated benefits1 a description of the consultations undertaken by the ,secretary pursuant to paragraph 7#b7 of such subsection1 any actions that will be taken to minimize negative impacts of such new port of entry1 and the anticipated time-line for construction and completion of such new port of entry4 7#b7 ,relating to high volume ,not later than #ahj days after enactment of this ,act1 the ,secretary shall notify the ,committee on ,homeland ,security and ,governmental ,affairs1 the ,committee on ,finance1 and the ,committee on the ,judiciary of the ,senate1 and the ,committee on ,homeland ,security1 the ,committee on ,ways and ,means1 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 7b7 and the ,secretary's plan for expanding or modernizing the primary and secondary inspection lanes at each such port of entry4 #bjb4 ,secure communications 7a7 ,in general ,the ,secretary shall ensure that each ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement officer or agent1 if appropriate1 is equipped with a secure two-way communication device1 supported by system interoperability1 that allows each such officer to communicate-- 7#a7 between ports of entry and inspection stations2 and 7#b7 with other ,federal1 ,state1 tribal1 and local law enforcement entities4 7b7 ,land border agents and officers ,the ,secretary shall ensure that each ,u4,s4 ,customs and ,border ,protection agent or officer assigned or required to patrol on foot1 by horseback1 or with a canine unit1 in remote mission critical locations1 and at border checkpoints1 has a multi- or dual-band encrypted portable radio4 #bjc4 ,border security deployment program 7a7 ,expansion ,not later than ,september #cj1 #bjba1 the ,secretary shall fully implement the ,border ,security ,deployment ,program of the ,u4,s4 ,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 border4 7b7 ,authorization of appropriations ,in addition to amounts otherwise authorized to be appropriated for such purpose1 there is authorized to be appropriated #cc1jjj1jjj for fiscal year #bjah to carry out subsection 7a74 #bjd4 ,pilot and upgrade of license plate readers at ports of entry 7a7 ,upgrade ,not later than one year after the date of the enactment of this ,act1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall upgrade all existing license plate readers on the northern and southern borders on incoming and outgoing vehicle lanes4 7b7 ,pilot program ,not later than #ij days after the date of the enactment of this ,act1 the ,commissioner of ,u4,s4 ,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-trailers4 7c7 ,report ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall report to the ,committee on ,homeland ,security and ,governmental ,affairs1 the ,committee on the ,judiciary1 and the ,committee on ,finance of the ,senate1 and the ,committee on ,homeland ,security1 and ,committee on the ,judiciary1 and the ,committee on ,ways and ,means of the ,house of ,representatives the results of the pilot program under subsection 7b7 and make recommendations for implementing use of such technology on the southern border4 7d7 ,authorization of appropriations ,in addition to amounts otherwise authorized to be appropriated for such purpose1 there is authorized to be appropriated #abe1jjj1jjj for fiscal year #bjah to carry out subsection 7a74 #bje4 ,non-intrusive inspection operational demonstration 7a7 ,in general ,not later than six months after the date of the enactment of this ,act1 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 traffic4 ,such demonstration shall be located within the pre-primary traffic flow and should be scalable to span up to #bf contiguous in-bound traffic lanes without re-configuration of existing lanes4 7b7 ,report ,not later than #ij days after the conclusion of the operational demonstration under subsection 7a71 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 following3 7#a7 ,the effects of such demonstration on legitimate travel and trade4 7#b7 ,the effects of such demonstration on wait times1 including processing times1 for non-pedestrian traffic4 7#c7 ,the effectiveness of such demonstration in combating terrorism and smuggling4 #bjf4 ,biometric exit data system 7a7 ,in general ,subtitle ,b of title ,,iv of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #baa et seq47 is amended by inserting after section #dag the following new section3 #dah4 ,biometric entry-exit 7a7 ,establishment ,the ,secretary shall-- 7#a7 not later than #ahj days after the date of the enactment of this section1 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 #gbjh of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#h ,u4,s4,c4 #acfe;b71 including-- 7,a7 an integrated master schedule and cost estimate1 including requirements and design1 development1 operational1 and maintenance costs of such a system1 that takes into account prior reports on such matters issued by the ,government ,accountability ,office and the ,department2 7,b7 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 ,department2 7,c7 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 ,department2 7,d7 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 ,department2 7,e7 information received after consultation with private sector stakeholders1 including the-- 7i7 trucking industry2 7ii7 airport industry2 7iii7 airline industry2 7iv7 seaport industry2 7v7 travel industry2 and 7vi7 biometric technology industry2 7,f7 a consideration of how trusted traveler programs in existence as of the date of the enactment of this ,act may be impacted by1 or incorporated into1 such a system2 7,g7 defined metrics of success and milestones2 7,h7 identified risks and mitigation strategies to address such risks2 and 7,i7 a consideration of how other countries have implemented a biometric exit data system2 and 7#b7 not later than two years after the date of the enactment of this section1 establish a biometric exit data system at the-- 7,a7 #ae ,united ,states airports that support the highest volume of international air travel1 as determined by available ,federal flight data2 7,b7 #aj ,united ,states seaports that support the highest volume of international sea travel1 as determined by available ,federal travel data2 and 7,c7 #ae ,united ,states land ports of entry that support the highest volume of vehicle1 pedestrian1 and cargo crossings1 as determined by available ,federal border crossing data4 7b7 ,implementation 7#a7 ,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 section1 the ,secretary1 in collaboration with industry stakeholders1 shall establish a six-month pilot program to test the biometric exit data system referred to in subsection 7a77#b7 on non-pedestrian outbound traffic at not fewer than three land ports of entry with significant cross-border traffic1 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 border4 ,such pilot program may include a consideration of more than one biometric mode1 and shall be implemented to determine the following3 7,a7 ,how a nationwide implementation of such biometric exit data system at land ports of entry shall be carried out4 7,b7 ,the infrastructure required to carry out subparagraph 7,a74 7,c7 ,the effects of such pilot program on legitimate travel and trade4 7,d7 ,the effects of such pilot program on wait times1 including processing times1 for such non-pedestrian traffic4 7,e7 ,the effects of such pilot program on combating terrorism4 7,f7 ,the effects of such pilot program on identifying visa holders who violate the terms of their visas4 7#b7 ,at land ports of entry for non-pedestrian outbound traffic 7,a7 ,in general ,not later than five years after the date of the enactment of this section1 the ,secretary shall expand the biometric exit data system referred to in subsection 7a77#b7 to all land ports of entry1 and such system shall apply only in the case of non-pedestrian outbound traffic4 7,b7 ,extension ,the ,secretary may extend for a single two-year period the date specified in subparagraph 7,a7 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 #ae land ports of entry that support the highest volume of passenger vehicles1 as determined by available ,federal data1 do not have the physical infrastructure or characteristics to install the systems necessary to implement a biometric exit data system4 7#c7 ,at air and sea ports of entry ,not later than five years after the date of the enactment of this section1 the ,secretary shall expand the biometric exit data system referred to in subsection 7a77#b7 to all air and sea ports of entry4 7#d7 ,at land ports of entry for pedestrians ,not later than five years after the date of the enactment of this section1 the ,secretary shall expand the biometric exit data system referred to in subsection 7a77#b7 to all land ports of entry1 and such system shall apply only in the case of pedestrians4 7c7 ,effects on air1 sea1 and land transportation ,the ,secretary1 in consultation with appropriate private sector stakeholders1 shall ensure that the collection of biometric data under this section causes the least possible disruption to the movement of people or cargo in air1 sea1 or land transportation1 while fulfilling the goals of improving counterterrorism efforts and identifying visa holders who violate the terms of their visas4 7d7 ,termination of proceeding ,notwithstanding any other provision of law1 the ,secretary shall1 on the date of the enactment of this section1 terminate the proceeding entitled ,collection of ,alien ,biometric ,data ,upon ,exit ,from the ,united ,states at ,air and ,sea ,ports of ,departure2 ,united ,states ,visitor and ,immigrant ,status ,indicator ,technology ,program 7,,us-,,visit71 issued on ,april #bd1 #bjjh 7#gc ,fed4 ,reg4 #bbjfe74 7e7 ,data-matching ,the biometric exit data system established under this section shall-- 7#a7 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 travel2 7#b7 leverage the infrastructure and databases of the current biometric entry and exit system established pursuant to section #gbjh of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#h ,u4,s4,c4 #acfe;b7 for the purpose described in paragraph 7#a72 and 7#c7 be interoperable with1 and allow matching against1 other ,federal databases that-- 7,a7 store biometrics of known or suspected terrorists2 and 7,b7 identify visa holders who violate the terms of their visas4 7f7 ,scope 7#a7 ,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 data4 7#b7 ,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 7as such term is defined in section #baja of title #df1 ,united ,states ,code7 the itinerary of which originates and terminates in the ,united ,states4 7#c7 ,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 entry4 7g7 ,collection of data ,the ,secretary may not require any non-,federal person to collect biometric data1 or contribute to the costs of collecting or administering the biometric exit data system established under this section1 except through a mutual agreement4 7h7 ,multi-modal collection ,in carrying out subsections 7a77#a7 and 7b71 the ,secretary shall make every effort to collect biometric data using multiple modes of biometrics4 7i7 ,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 activity4 ,for non-federally owned facilities1 such space shall be provided and maintained at no cost to the ,government4 7j7 ,northern land border ,in the case of the northern land border1 the requirements under subsections 7a77#b77;,c71 7b77#b77;,a71 and 7b77#d7 may be achieved through the sharing of biometric data provided to ,u4,s4 ,customs and ,border ,protection by the ,canadian ,border ,services ,agency pursuant to the #bjaa ,beyond the ,border agreement4 7k7 ,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 ,regulations4 7l7 ,other biometric initiatives ,the ,secretary may pursue biometric initiatives at air1 land1 and sea ports of entry for the purposes of border security and trade facilitation distinct from the biometric exit data system described in this section4 7m7 ,congressional review ,not later than #ij days after the date of the enactment of this section1 the ,secretary shall submit to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 the ,committee on the ,judiciary of the ,senate1 the ,committee on ,homeland ,security of the ,house of ,representatives1 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 ,u4,s4 ,customs and ,border ,protection entry and exit mobility program demonstrations4 7n7 ,savings clause ,nothing in this section shall prohibit the collection of user fees permitted by section #acjca of the ,consolidated ,omnibus ,budget ,reconciliation ,act of #aihe 7#ai ,u4,s4,c4 #eh;c74 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #dag the following new item3 ,sec4 #dah4 ,biometric entry-exit4 4 #bjg4 ,sense of ,congress on cooperation between agencies 7a7 ,finding ,congress finds that personnel constraints exist at land ports of entry with regard to sanitary and phytosanitary inspections for exported goods4 7b7 ,sense of ,congress ,it is the sense of ,congress that1 in the best interest of cross-border trade and the agricultural community-- 7#a7 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 ,states1 whether in the form of a memorandum of understanding or through a certification process1 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 ,agriculture2 and 7#b7 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 commerce4 #bjh4 ,authorization of appropriations ,in addition to any amounts otherwise authorized to be appropriated for such purpose1 there is authorized to be appropriated #a1bej1jjj1jjj for each of fiscal years #bjah through #bjba to carry out this title1 of which-- 7#a7 #b1jjj1jjj shall be used by the ,secretary for hiring additional ,uniform ,management ,center support personnel1 purchasing uniforms for ,,cbp officers and agents1 acquiring additional motor vehicles to support vehicle mounted surveillance systems1 hiring additional motor vehicle program support personnel1 and for contract support for customer service1 vendor management1 and operations management2 and 7#b7 #bej1jjj1jjj per year shall be used to implement the biometric exit data system described in section #dah of the ,homeland ,security ,act of #bjjb1 as added by section #bjf of this ,act4 #bji4 ,definition ,in this title1 the term ,secretary means the ,secretary of ,homeland ,security4 ,march #bc1 #bjah ,the ,committee on ,armed ,services discharged2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed