,i #aaeth ,,congress #b;d ,session ,h4 ,r4 #fdae ,,in ,,the ,,house ,,of ,,representatives ,july #ah1 #bjah,mr4 ,ferguson introduced the following bill2 which was referred to the ,committee on ,homeland ,security1 and in addition to the ,committees on the ,judiciary1 ,transportation and ,infrastructure1 ,oversight and ,government ,reform1 ,foreign ,affairs1 ,agriculture1 ,armed ,services1 ,natural ,resources1 the ,budget1 and ,ways and ,means1 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 ,a ,,bill ,to provide for border security1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,american ,border ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,title ,i--,border ,security ,sec4 #aaja4 ,definitions4 ,subtitle ,a--,infrastructure and ,equipment ,sec4 #aaaa4 ,strengthening the requirements for barriers along the southern border4 ,sec4 #aaab4 ,air and ,marine ,operations flight hours4 ,sec4 #aaac4 ,capability deployment to specific sectors and transit zone4 ,sec4 #aaad4 ,u4,s4 ,border ,patrol activities4 ,sec4 #aaae4 ,border security technology program management4 ,sec4 #aaaf4 ,national ,guard support to secure the southern border4 ,sec4 #aaag4 ,prohibitions on actions that impede border security on certain ,federal land4 ,sec4 #aaah4 ,landowner and rancher security enhancement4 ,sec4 #aaai4 ,eradication of carrizo cane and salt cedar4 ,sec4 #aabj4 ,southern border threat analysis4 ,sec4 #aaba4 ,amendments to ,u4,s4 ,customs and ,border ,protection4 ,sec4 #aabb4 ,agent and officer technology use4 ,sec4 #aabc4 ,integrated ,border ,enforcement ,teams4 ,sec4 #aabd4 ,tunnel ,task ,forces4 ,sec4 #aabe4 ,pilot program on use of electromagnetic spectrum in support of border security operations4 ,sec4 #aabf4 ,foreign migration assistance4 ,sec4 #aabg4 ,biometric ,identification ,transnational ,migration ,alert ,program4 ,subtitle ,b--,personnel ,sec4 #aaca4 ,additional ,u4,s4 ,customs and ,border ,protection agents and officers4 ,sec4 #aacb4 ,u4,s4 ,customs and ,border ,protection retention incentives4 ,sec4 #aacc4 ,anti-,border ,corruption ,reauthorization ,act4 ,sec4 #aacd4 ,training for officers and agents of ,u4,s4 ,customs and ,border ,protection4 ,subtitle ,c--,grants ,sec4 #aada4 ,operation ,stonegarden4 ,title ,,ii--,emergency ,port of ,entry ,personnel and ,infrastructure ,funding ,sec4 #baja4 ,ports of entry infrastructure4 ,sec4 #bajb4 ,secure communications4 ,sec4 #bajc4 ,border security deployment program4 ,sec4 #bajd4 ,pilot and upgrade of license plate readers at ports of entry4 ,sec4 #baje4 ,non-intrusive inspection operational demonstration4 ,sec4 #bajf4 ,biometric exit data system4 ,sec4 #bajg4 ,sense of ,congress on cooperation between agencies4 ,sec4 #bajh4 ,authorization of appropriations4 ,sec4 #baji4 ,definition4 ,title ,,iii--,transnational ,criminal ,organization ,illicit ,spotter ,prevention and ,elimination ,sec4 #caja4 ,short title4 ,sec4 #cajb4 ,illicit spotting4 ,sec4 #cajc4 ,unlawfully hindering immigration1 border1 and customs controls4 ,title ,,iv--,border ,security ,funding ,sec4 #daja4 ,border ,security ,funding4 ,sec4 #dajb4 ,exclusion from ,,paygo scorecards4 ,i ,border ,security #aaja4 ,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 ,commissioner ,the term ,commissioner means the ,commissioner of ,u4,s4 ,customs and ,border ,protection4 7#c7 ,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 #aaaa of this division4 7#d7 ,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 ,small unmanned aerial vehicle ,the term small unmanned aerial vehicle has the meaning given the term small unmanned aircraft in section #cca of the ,,faa ,modernization and ,reform ,act of #bjab 7,public ,law #aab-ie2 #di ,u4,s4,c4 #djaja note74 7#h7 ,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 7#i7 ,unmanned aerial system ,the term unmanned aerial system has the meaning given the term unmanned aircraft system in section #cca of the ,,faa ,modernization and ,reform ,act of #bjab 7,public ,law #aab-ie2 #di ,u4,s4,c4 #djaja note74 7#aj7 ,unmanned aerial vehicle ,the term unmanned aerial vehicle has the meaning given the term unmanned aircraft in section #cca of the ,,faa ,modernization and ,reform ,act of #bjab 7,public ,law #aab-ie2 #di ,u4,s4,c4 #djaja note74 ,a ,infrastructure and ,equipment #aaaa4 ,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 design1 test1 construct1 install1 deploy1 integrate1 and operate physical barriers1 tactical infrastructure1 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 road improvements and inserting physical barriers2 7,b7 in paragraph 7#a7-- 7i7 in subparagraph 7,a7-- 7,i7 by striking subsection 7a7 and inserting this section2 7,,ii7 by striking roads1 lighting1 cameras1 and sensors and inserting tactical infrastructure1 and technology2 and 7,,iii7 by striking gain inserting achieve situational awareness and2 and 7ii7 by amending subparagraph 7,b7 to read as follows3 7,b7 ,physical barriers and tactical infrastructure 7i7 ,in general ,not later than ,september #cj1 #bjbc1 the ,secretary of ,homeland ,security1 in carrying out this section1 shall deploy along the ,united ,states border the most practical and effective physical barriers and tactical infrastructure available for achieving situational awareness and operational control of the border4 7ii7 ,consideration for certain physical barriers and tactical infrastructure ,the deployment of physical barriers and tactical infrastructure under this subparagraph shall not apply in any area or region along the border where natural terrain features1 natural barriers1 or the remoteness of such area or region would make any such deployment ineffective1 as determined by the ,secretary1 for the purposes of achieving situational awareness or operational control of such area or region4 2 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 shall consult with the ,secretary of the ,interior1 the ,secretary of ,agriculture1 appropriate representatives of ,federal1 ,state1 local1 and tribal governments1 and appropriate private property owners in the ,united ,states to minimize the impact on the environment1 culture1 commerce1 and quality of life for the communities and residents located near the sites at which such physical barriers are to be constructed4 2 7,,ii7 by redesignating clause 7ii7 as clause 7iii72 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 physical barriers1 tactical infrastructure1 or technology the ,secretary has determined is most practical and effective to achieve situational awareness and operational control in a specific area or region and the other alternatives the ,secretary considered before making such a determination4 2 and 7,,iv7 in clause 7iii71 as so redesignated-- 7aa7 in subclause 7,i71 by striking or after the semicolon at the end2 7bb7 by amending subclause 7,,ii7 to read as follows3 7,,ii7 delay the transfer of the possession of property to the ,united ,states or affect the validity of any property acquisition by purchase or eminent domain1 or to otherwise affect the eminent domain laws of the ,united ,states or of any ,state2 or 2 and 7cc7 by adding at the end the following new subclause3 7,,iii7 create any right or liability for any party4 2 and 7iv7 by striking subparagraph 7,d72 7,c7 in paragraph 7#b7-- 7i7 by striking ,attorney ,general and inserting ,secretary of ,homeland ,security2 7ii7 by striking this subsection and inserting this section2 and 7iii7 by striking construction of fences and inserting the construction of physical barriers2 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 designing1 constructing1 and deploying physical barriers1 tactical infrastructure1 or technology1 shall incorporate such safety features into such design1 construction1 or deployment of such physical barriers1 tactical infrastructure1 or technology1 as the case may be1 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 agency deployed in the vicinity of such physical barriers1 tactical infrastructure1 or technology4 2 and 7,e7 in paragraph 7#d71 by striking this subsection and inserting this section2 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 shall have the authority to waive all legal requirements the ,secretary1 in the ,secretary's sole discretion1 determines necessary to ensure the expeditious design1 testing1 construction1 installation1 deployment1 integration1 and operation of the physical barriers1 tactical infrastructure1 and technology under this section4 ,such waiver authority shall also apply with respect to any maintenance carried out on such physical barriers1 tactical infrastructure1 or technology4 ,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 ,technology ,not later than ,september #cj1 #bjbc1 the ,secretary of ,homeland ,security1 in carrying out this section1 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 ,limitation on requirements ,nothing in this section may be construed as requiring the ,secretary of ,homeland ,security to install tactical infrastructure1 technology1 and physical barriers in a particular location along an international border of the ,united ,states1 if the ,secretary determines that the use or placement of such resources is not the most appropriate means to achieve and maintain situational awareness and operational control over the international border at such location4 7g7 ,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 activity1 as determined by the ,secretary of ,homeland ,security4 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 ,physical barriers ,the term physical barriers includes reinforced fencing1 border wall system1 and levee walls4 7#d7 ,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#f ,u4,s4,c4 #bbc7;a77#g72 ,public ,law #aad-cbh74 7#e7 ,tactical infrastructure ,the term tactical infrastructure includes boat ramps1 access gates1 checkpoints1 lighting1 and roads4 7#f7 ,technology ,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 7,h7 ,other border detection1 communication1 and surveillance technology4 7#g7 ,unmanned aerial vehicles ,the term unmanned aerial vehicle has the meaning given the term unmanned aircraft in section #cca of the ,,faa ,modernization and ,reform ,act of #bjab 7,public ,law #aab-ie2 #di ,u4,s4,c4 #djaja note74 4 #aaab4 ,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 ,secretary1 after coordination with the ,administrator of the ,federal ,aviation ,administration1 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 executive agent 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-- 7,a7 coordinate flight operations with the ,administrator of the ,federal ,aviation ,administration to ensure the safe and efficient operation of the ,national ,airspace ,system2 and 7,b7 coordinate with the ,executive ,assistant ,commissioner for ,air and ,marine ,operations of ,u4,s4 ,customs and ,border ,protection to ensure the safety of other ,u4,s4 ,customs and ,border ,protection aircraft flying in the vicinity of small unmanned aerial vehicles operated by the ,u4,s4 ,border ,patrol4 7#c7 ,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 #aaab of the ,border ,security for ,america ,act of #bjah2 and 4 7g7 ,saving clause ,nothing in this section shall confer1 transfer1 or delegate to the ,secretary1 the ,commissioner1 the ,executive ,assistant ,commissioner for ,air and ,marine ,operations of ,u4,s4 ,customs and ,border ,protection1 or the ,chief of the ,u4,s4 ,border ,patrol any authority of the ,secretary of ,transportation or the ,administrator of the ,federal ,aviation ,administration relating to the use of airspace or aviation safety4 #aaac4 ,capability deployment to specific sectors and transit zone 7a7 ,in general ,not later than ,september #cj1 #bjbc1 the ,secretary1 in implementing section #ajb of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7as amended by section #aaaa of this division71 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 ,u4,s4 ,customs and ,border ,protection 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 ,september #cj1 #bjbb1 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 7d7 ,integration ,in carrying out subsection 7a71 the ,secretary shall1 to the greatest extent practicable1 integrate1 within each sector or region of the southern border and northern border1 as the case may be1 the deployed capabilities specified in such subsection as necessary to achieve situational awareness and operational control of such borders4 #aaad4 ,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 #aaae4 ,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 #dce4 ,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 #bjah 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 #dce4 ,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 #dce 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 #aaaf4 ,national ,guard support to secure the southern border 7a7 ,national ,guard support 7#a7 ,authority to request ,the ,secretary may1 pursuant to chapter #ae of title #aj1 ,united ,states ,code1 request that the ,secretary of ,defense support the ,secretary's efforts to secure the southern border of the ,united ,states4 ,the ,secretary of ,defense may authorize the provision of such support under section #ejb7;f7 of title #cb1 ,united ,states ,code4 7#b7 ,approval and order ,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 for the purpose of securing the southern border of the ,united ,states4 7b7 ,types of support authorized ,the support provided in accordance with subsection 7a7 may include-- 7#a7 construction of reinforced fencing or other physical barriers2 7#b7 operation of ground-based surveillance systems2 7#c7 deployment of manned aircraft1 unmanned aerial surveillance systems1 and ground-based surveillance systems to support continuous surveillance of the southern border2 and 7#d7 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 ,readiness ,to ensure that the use of units and personnel of the ,national ,guard of a ,state authorized pursuant to this section does not degrade the training and readiness of such units and personnel1 the ,secretary of ,defense shall consider the following requirements when authorizing or approving support under subsection 7a73 7#a7 ,the performance of such support may not affect adversely the quality of such training or readiness or otherwise interfere with the ability of a unit or personnel of the ,national ,guard of a ,state to perform the military functions of such member or unit4 7#b7 ,the performance of such support may not degrade the military skills of the units or personnel of the ,national ,guard of a ,state performing such support4 7e7 ,report on readiness ,upon the request of the ,secretary1 the ,secretary of ,defense shall provide to the ,secretary a report on the readiness of units and personnel of the ,national ,guard that the ,secretary of ,defense determines are capable of providing such support4 7f7 ,reimbursement notification ,prior to providing any support under subsection 7a71 the ,secretary of ,defense shall notify the ,secretary whether the requested support will be reimbursed under section #bgg of title #aj1 ,united ,states ,code4 7g7 ,reimbursement to ,states ,the ,secretary of ,defense may reimburse a ,state for costs incurred in the deployment of any units or personnel of the ,national ,guard pursuant to subsection 7a74 7h7 ,relationship to other laws ,nothing in this section may be construed as affecting the authorities under chapter #i of title #cb1 ,united ,states ,code4 7i7 ,reports 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act and biannually thereafter through ,december #ca1 #bjba1 the ,secretary of ,defense shall submit to the appropriate congressional defense committees 7as defined in section #aja7;a77#af7 of title #aj1 ,united ,states ,code7 a report regarding any support provided pursuant to subsection 7a7 for the six-month period preceding each such report4 7#b7 ,elements ,each report under paragraph 7#a7 shall include a description of-- 7,a7 the support provided2 and 7,b7 the sources and amounts of funds obligated and expended to provide such support4 #aaag4 ,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 may not impede1 prohibit1 or restrict activities of ,u4,s4 ,customs and ,border ,protection on covered ,federal land to carry out the activities described in subsection 7b74 7#b7 ,applicability ,the authority of ,u4,s4 ,customs and ,border ,protection to conduct activities described in subsection 7b7 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 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 carrying out 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 note71 as amended by section #aaaa of this division2 7,b7 the execution of search and rescue operations2 7,c7 the use of motorized vehicles1 foot patrols1 and horseback to patrol the border area1 apprehend illegal entrants1 and rescue individuals2 and 7,d7 the remediation of tunnels used to facilitate unlawful immigration or other illicit activities4 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 ,act74 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 ,national ,forest ,management ,act of #aigf 7#af ,u4,s4,c4 #afjj et seq474 7,,ii7 ,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 and a ,national ,park ,unit before 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 #aaah4 ,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 #aaai4 ,eradication of carrizo cane and salt cedar 7a7 ,in general ,not later than ,september #cj1 #bjbc1 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 ,river that impedes border security operations4 7b7 ,extent ,the waiver authority under subsection 7c7 of section #ajb of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #aajc note71 as amended by section #aaaa of this division1 shall extend to activities carried out pursuant to this section4 #aabj4 ,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 #bjai1 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 #aaba4 ,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#ah71 by striking and after the semicolon at the end2 7#b7 by redesignating paragraph 7#ai7 as paragraph 7#ba72 and 7#c7 by inserting after paragraph 7#ah7 the following new paragraphs3 7#ai7 administer the ,u4,s4 ,customs and ,border ,protection public private partnerships under subtitle ,g2 7#bj7 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 7d7 ,definition ,subsection 7r7 of section #daa of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #baa7 is amended-- 7#a7 by striking this section1 the terms and inserting the following3 this section3 7#a7 the terms 2 7#b7 in paragraph 7#a71 as added by subparagraph 7,a71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following new paragraph3 7#b7 the term unmanned aerial systems has the meaning given the term unmanned aircraft system in section #cca of the ,,faa ,modernization and ,reform ,act of #bjab 7,public ,law #aab-ie2 #di ,u4,s4,c4 #djaja note74 4 #aabb4 ,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 #aaaa of this division7 and section #aaac of this division1 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 #aabc4 ,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 #aaae of this division1 is further amended by adding at the end the following new section3 #dcf4 ,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 ,i,b,e,ts 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 ,such memoranda with entities specified in subparagraph 7,g7 of such subsection shall be entered into with the concurrence of the ,secretary of ,state4 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 ,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 #dce the following new item3 ,sec4 #dcf4 ,integrated ,border ,enforcement ,teams4 4 #aabd4 ,tunnel ,task ,forces ,the ,secretary is authorized to establish ,tunnel ,task ,forces for the purposes of detecting and remediating tunnels that breach the international border of the ,united ,states4 #aabe4 ,pilot program on use of electromagnetic spectrum in support of border security operations 7a7 ,in general ,the ,commissioner1 in consultation with the ,assistant ,secretary of ,commerce for ,communications and ,information1 shall conduct a pilot program to test and evaluate the use of electromagnetic spectrum by ,u4,s4 ,customs and ,border ,protection in support of border security operations through-- 7#a7 ongoing management and monitoring of spectrum to identify threats such as unauthorized spectrum use1 and the jamming and hacking of ,united ,states communications assets1 by persons engaged in criminal enterprises2 7#b7 automated spectrum management to enable greater efficiency and speed for ,u4,s4 ,customs and ,border ,protection in addressing emerging challenges in overall spectrum use on the ,united ,states border2 and 7#c7 coordinated use of spectrum resources to better facilitate interoperability and interagency cooperation and interdiction efforts at or near the ,united ,states border4 7b7 ,report to ,congress ,not later than #ahj days after the conclusion of the pilot program conducted under subsection 7a71 the ,commissioner shall submit to the ,committee on ,homeland ,security and the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report on the findings and data derived from such program4 #aabf4 ,foreign migration assistance 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 sections #aaae and #aabc of this division1 is further amended by adding at the end the following new section3 #dcg4 ,foreign migration assistance 7a7 ,in general ,the ,secretary1 with the concurrence of the ,secretary of ,state1 may provide to a foreign government financial assistance for foreign country operations to address migration flows that may affect the ,united ,states4 7b7 ,determination ,assistance provided under subsection 7a7 may be provided only if such assistance would enhance the recipient government's capacity to address irregular migration flows that may affect the ,united ,states1 including through related detention or removal operations by the recipient government1 including procedures to screen and provide protection for certain individuals4 7c7 ,reimbursement of expenses ,the ,secretary may1 if appropriate1 seek reimbursement from the receiving foreign government for the provision of financial assistance under this section4 7d7 ,receipts credited as offsetting collections ,notwithstanding section #ccjb of title #ca1 ,united ,states ,code1 any reimbursement collected pursuant to subsection 7c7 shall-- 7#a7 be credited as offsetting collections to the account that finances the financial assistance under this section for which such reimbursement is received2 and 7#b7 remain available until expended for the purpose of carrying out this section4 7e7 ,effective period ,the authority provided under this section shall remain in effect until ,september #cj1 #bjbc4 7f7 ,development and program execution ,the ,secretary and the ,secretary of ,state shall jointly develop and implement any financial assistance under this section4 7g7 ,rule of construction ,nothing in this section may be construed as affecting1 augmenting1 or diminishing the authority of the ,secretary of ,state4 7h7 ,authorization of appropriations ,in addition to amounts otherwise authorized to be appropriated for such purpose1 there is authorized to be appropriated #ej1jjj1jjj for fiscal years #bjai through #bjbc to carry out this section4 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 #dcf the following new item3 ,sec4 #dcg4 ,foreign migration assistance4 4 #aabg4 ,biometric ,identification ,transnational ,migration ,alert ,program 7a7 ,in general ,subtitle ,d of title ,,iv of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bea et seq47 is amended by adding at the end the following new section3 #ddg4 ,biometric ,identification ,transnational ,migration ,alert ,program 7a7 ,establishment ,there is established in the ,department a program to be known as the ,biometric ,identification ,transnational ,migration ,alert ,program 7referred to in this section as ,,bitmap7 to address and reduce national security1 border security1 and public safety threats before such threats reach the international border of the ,united ,states4 7b7 ,duties ,in carrying out ,,bitmap operations1 the ,secretary1 acting through the ,director of ,u4,s4 ,immigration and ,customs ,enforcement1 shall-- 7#a7 provide1 when necessary1 capabilities1 training1 and equipment1 to the government of a foreign country to collect biometric and biographic identification data from individuals to identify1 prevent1 detect1 and interdict high risk individuals identified as national security1 border security1 or public safety threats who may attempt to enter the ,united ,states utilizing illicit pathways2 7#b7 provide capabilities to the government of a foreign country to compare foreign data against appropriate ,united ,states national security1 border security1 public safety1 immigration1 and counter-terrorism data1 including-- 7,a7 the ,federal ,bureau of ,investigation's ,terrorist ,screening ,database1 or successor database2 7,b7 the ,federal ,bureau of ,investigation's ,next ,generation ,identification database1 or successor database2 7,c7 the ,department of ,defense ,automated ,biometric ,identification ,system 7commonly known as ,,abis71 or successor database2 7,d7 the ,department's ,automated ,biometric ,identification ,system 7commonly known as ,,ident71 or successor database2 and 7,e7 any other database1 notice1 or means that the ,secretary1 in consultation with the heads of other ,federal departments and agencies responsible for such databases1 notices1 or means1 designates2 and 7#c7 ensure biometric and biographic identification data collected pursuant to ,,bitmap are incorporated into appropriate ,united ,states ,government databases1 in compliance with the policies and procedures established by the ,privacy ,officer appointed under section #bbb4 7c7 ,collaboration ,the ,secretary shall ensure that ,,bitmap operations include participation from relevant components of the ,department1 and1 as appropriate1 request participation from other ,federal agencies4 7d7 ,coordination ,the ,secretary shall coordinate with the ,secretary of ,state1 appropriate representatives of foreign governments1 and the heads of other ,federal agencies1 as appropriate1 to carry out paragraph 7#a7 of subsection 7b74 7e7 ,agreements ,before carrying out ,,bitmap operations in a foreign country that1 as of the date of the enactment of this section1 was not a partner country described in this section1 the ,secretary1 with the concurrence of the ,secretary of ,state1 shall enter into an agreement or arrangement with the government of such country that outlines such operations in such country1 including related departmental operations4 ,such country shall be a partner country described in this section pursuant to and for purposes of such agreement or arrangement4 7f7 ,notification to ,congress ,not later than #fj days before an agreement with the government of a foreign country to carry out ,,bitmap operations in such foreign country enters into force1 the ,secretary shall provide the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate with a copy of the agreement to establish such operations1 which shall include-- 7#a7 the identification of the foreign country with which the ,secretary intends to enter into such an agreement2 7#b7 the location at which such operations will be conducted2 and 7#c7 the terms and conditions for ,department personnel operating at such location4 4 7b7 ,report ,not later than #ahj days after the date on which the ,biometric ,identification ,transnational ,migration ,alert ,program 7,,bitmap7 is established under section #ddg of the ,homeland ,security ,act of #bjjb 7as added by subsection 7a7 of this section7 and annually thereafter for the following five years1 the ,secretary of ,homeland ,security shall submit to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate a report that details the effectiveness of ,,bitmap operations in enhancing national security1 border security1 and public safety4 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 #ddf the following new item3 ,sec4 #ddg4 ,biometric ,identification ,transnational ,migration ,alert ,program4 4 ,b ,personnel #aaca4 ,additional ,u4,s4 ,customs and ,border ,protection agents and officers 7a7 ,border patrol agents ,not later than ,september #cj1 #bjbc1 the ,commissioner 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 #bjbc-- 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 #bjbc1 the ,commissioner 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 #bjbc1 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 #bjbc1 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 ,horseback unit support ,the ,commissioner shall construct new stables1 maintain and improve existing stables1 and provide other resources needed to maintain the health and well-being of the horses that serve in the horseback units of ,u4,s4 ,customs and ,border ,protection4 7f7 ,u4,s4 ,customs and ,border ,protection search trauma and rescue teams ,not later than ,september #cj1 #bjbc1 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 #bjbc1 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 #bjbc1 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 #bjbc1 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 ,u4,s4 ,customs and ,border ,protection ,office of ,intelligence ,not later than ,september #cj1 #bjbc1 the ,commissioner shall hire1 train1 and assign sufficient ,office of ,intelligence personnel to maintain not fewer than #gjj full-time equivalent employees4 7k7 ,,gao report ,if the staffing levels required under this section are not achieved by ,september #cj1 #bjbc1 the ,comptroller ,general of the ,united ,states shall conduct a review of the reasons why such levels were not achieved4 #aacb4 ,u4,s4 ,customs and ,border ,protection retention incentives 7a7 ,in general ,chapter #ig of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 #igjb4 ,u4,s4 ,customs and ,border ,protection temporary employment authorities 7a7 ,definitions ,in this section-- 7#a7 the term ,,cbp employee means an employee of ,u4,s4 ,customs and ,border ,protection described under any of subsections 7a7 through 7h7 of section #aaca of the ,border ,security for ,america ,act of #bjah2 7#b7 the term ,commissioner means the ,commissioner of ,u4,s4 ,customs and ,border ,protection2 7#c7 the term ,director means the ,director of the ,office of ,personnel ,management2 7#d7 the term ,secretary means the ,secretary of ,homeland ,security2 and 7#e7 the term appropriate congressional committees means the ,committee on ,oversight and ,government ,reform1 the ,committee on ,homeland ,security1 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 ,senate4 7b7 ,direct hire authority2 recruitment and relocation bonuses2 retention bonuses 7#a7 ,statement of purpose and limitation ,the purpose of this subsection is to allow ,u4,s4 ,customs and ,border ,protection to expeditiously meet the hiring goals and staffing levels required by section #aaca of the ,border ,security for ,america ,act of #bjah4 ,the ,secretary shall not use this authority beyond meeting the requirements of such section4 7#b7 ,direct hire authority ,the ,secretary may appoint1 without regard to any provision of sections #ccji through #ccai1 candidates to positions in the competitive service as ,,cbp employees if the ,secretary has given public notice for the positions4 7#c7 ,recruitment and relocation bonuses ,the ,secretary may pay a recruitment or relocation bonus of up to #ej percent of the annual rate of basic pay to an individual ,,cbp employee at the beginning of the service period multiplied by the number of years 7including a fractional part of a year7 in the required service period to an individual 7other than an individual described in subsection 7a77#b7 of section #egec7 if-- 7,a7 the ,secretary determines that conditions consistent with the conditions described in paragraphs 7#a7 and 7#b7 of subsection 7b7 of such section #egec are satisfied with respect to the individual 7without regard to the regulations referenced in subsection 7b77#b77;,b7ii77,i7 of such section or to any other provision of that section72 and 7,b7 the individual enters into a written service agreement with the ,secretary-- 7i7 under which the individual is required to complete a period of employment as a ,,cbp employee of not less than #b years2 and 7ii7 that includes-- 7,i7 the commencement and termination dates of the required service period 7or provisions for the determination thereof72 7,,ii7 the amount of the bonus2 and 7,,iii7 other terms and conditions under which the bonus is payable1 subject to the requirements of this subsection1 including-- 7aa7 the conditions under which the agreement may be terminated before the agreed-upon service period has been completed2 and 7bb7 the effect of a termination described in item 7aa74 7#d7 ,retention bonuses ,the ,secretary may pay a retention bonus of up to #ej percent of basic pay to an individual ,,cbp employee 7other than an individual described in subsection 7a77#b7 of section #eged7 if-- 7,a7 the ,secretary determines that-- 7i7 a condition consistent with the condition described in subsection 7b77#a7 of such section #eged is satisfied with respect to the ,,cbp employee 7without regard to any other provision of that section72 and 7ii7 in the absence of a retention bonus1 the ,,cbp employee would be likely to leave-- 7,i7 the ,federal service2 or 7,,ii7 for a different position in the ,federal service1 including a position in another agency or component of the ,department of ,homeland ,security2 and 7,b7 the individual enters into a written service agreement with the ,secretary-- 7i7 under which the individual is required to complete a period of employment as a ,,cbp employee of not less than #b years2 and 7ii7 that includes-- 7,i7 the commencement and termination dates of the required service period 7or provisions for the determination thereof72 7,,ii7 the amount of the bonus2 and 7,,iii7 other terms and conditions under which the bonus is payable1 subject to the requirements of this subsection1 including-- 7aa7 the conditions under which the agreement may be terminated before the agreed-upon service period has been completed2 and 7bb7 the effect of a termination described in item 7aa74 7#e7 ,rules for bonuses 7,a7 ,maximum bonus ,a bonus paid to an employee under-- 7i7 paragraph 7#c7 may not exceed #ajj percent of the annual rate of basic pay of the employee as of the commencement date of the applicable service period2 and 7ii7 paragraph 7#d7 may not exceed #ej percent of the annual rate of basic pay of the employee4 7,b7 ,relationship to basic pay ,a bonus paid to an employee under paragraph 7#c7 or 7#d7 shall not be considered part of the basic pay of the employee for any purpose1 including for retirement or in computing a lump-sum payment to the covered employee for accumulated and accrued annual leave under section #eeea or section #eeeb4 7,c7 ,period of service for recruitment1 relocation1 and retention bonuses 7i7 ,a bonus paid to an employee under paragraph 7#d7 may not be based on any period of such service which is the basis for a recruitment or relocation bonus under paragraph 7#c74 7ii7 ,a bonus paid to an employee under paragraph 7#c7 or 7#d7 may not be based on any period of service which is the basis for a recruitment or relocation bonus under section #egec or a retention bonus under section #eged4 7c7 ,special rates of pay ,in addition to the circumstances described in subsection 7b7 of section #ecje1 the ,director may establish special rates of pay in accordance with that section to assist the ,secretary in meeting the requirements of section #aaca of the ,border ,security for ,america ,act of #bjah4 ,the ,director shall prioritize the consideration of requests from the ,secretary for such special rates of pay and issue a decision as soon as practicable4 ,the ,secretary shall provide such information to the ,director as the ,director deems necessary to evaluate special rates of pay under this subsection4 7d7 ,,opm oversight 7#a7 ,not later than ,september #cj of each year1 the ,secretary shall provide a report to the ,director on ,u4,s4 ,custom and ,border ,protection's use of authorities provided under subsections 7b7 and 7c74 ,in each report1 the ,secretary shall provide such information as the ,director determines is appropriate to ensure appropriate use of authorities under such subsections4 ,each report shall also include an assessment of-- 7,a7 the impact of the use of authorities under subsections 7b7 and 7c7 on implementation of section #aaca of the ,border ,security for ,america ,act of #bjah2 7,b7 solving hiring and retention challenges at the agency1 including at specific locations2 7,c7 whether hiring and retention challenges still exist at the agency or specific locations2 and 7,d7 whether the ,secretary needs to continue to use authorities provided under this section at the agency or at specific locations4 7#b7 ,consideration ,in compiling a report under paragraph 7#a71 the ,secretary shall consider-- 7,a7 whether any ,,cbp employee accepted an employment incentive under subsection 7b7 and 7c7 and then transferred to a new location or left ,u4,s4 ,customs and ,border ,protection2 and 7,b7 the length of time that each employee identified under subparagraph 7,a7 stayed at the original location before transferring to a new location or leaving ,u4,s4 ,customs and ,border ,protection4 7#c7 ,distribution ,in addition to the ,director1 the ,secretary shall submit each report required under this subsection to the appropriate congressional committees4 7e7 ,,opm action ,if the ,director determines the ,secretary has inappropriately used authorities under subsection 7b7 or a special rate of pay provided under subsection 7c71 the ,director shall notify the ,secretary and the appropriate congressional committees in writing4 ,upon receipt of the notification1 the ,secretary may not make any new appointments or issue any new bonuses under subsection 7b71 nor provide ,,cbp employees with further special rates of pay1 until the ,director has provided the ,secretary and the appropriate congressional committees a written notice stating the ,director is satisfied safeguards are in place to prevent further inappropriate use4 7f7 ,improving ,,cbp hiring and retention 7#a7 ,education of ,,cbp hiring officials ,not later than #ahj days after the date of the enactment of this section1 and in conjunction with the ,chief ,human ,capital ,officer of the ,department of ,homeland ,security1 the ,secretary shall develop and implement a strategy to improve the education regarding hiring and human resources flexibilities 7including hiring and human resources flexibilities for locations in rural or remote areas7 for all employees1 serving in agency headquarters or field offices1 who are involved in the recruitment1 hiring1 assessment1 or selection of candidates for locations in a rural or remote area1 as well as the retention of current employees4 7#b7 ,elements ,elements of the strategy under paragraph 7#a7 shall include the following3 7,a7 ,developing or updating training and educational materials on hiring and human resources flexibilities for employees who are involved in the recruitment1 hiring1 assessment1 or selection of candidates1 as well as the retention of current employees4 7,b7 ,regular training sessions for personnel who are critical to filling open positions in rural or remote areas4 7,c7 ,the development of pilot programs or other programs1 as appropriate1 consistent with authorities provided to the ,secretary to address identified hiring challenges1 including in rural or remote areas4 7,d7 ,developing and enhancing strategic recruiting efforts through the relationships with institutions of higher education1 as defined in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb71 veterans transition and employment centers1 and job placement program in regions that could assist in filling positions in rural or remote areas4 7,e7 ,examination of existing agency programs on how to most effectively aid spouses and families of individuals who are candidates or new hires in a rural or remote area4 7,f7 ,feedback from individuals who are candidates or new hires at locations in a rural or remote area1 including feedback on the quality of life in rural or remote areas for new hires and their families4 7,g7 ,feedback from ,,cbp employees1 other than new hires1 who are stationed at locations in a rural or remote area1 including feedback on the quality of life in rural or remote areas for those ,,cbp employees and their families4 7,h7 ,evaluation of ,department of ,homeland ,security internship programs and the usefulness of those programs in improving hiring by the ,secretary in rural or remote areas4 7#c7 ,evaluation 7,a7 ,in general ,each year1 the ,secretary shall-- 7i7 evaluate the extent to which the strategy developed and implemented under paragraph 7#a7 has improved the hiring and retention ability of the ,secretary2 and 7ii7 make any appropriate updates to the strategy under paragraph 7#a74 7,b7 ,information ,the evaluation conducted under subparagraph 7,a7 shall include-- 7i7 any reduction in the time taken by the ,secretary to fill mission-critical positions1 including in rural or remote areas2 7ii7 a general assessment of the impact of the strategy implemented under paragraph 7#a7 on hiring challenges1 including in rural or remote areas2 and 7iii7 other information the ,secretary determines relevant4 7g7 ,inspector ,general review ,not later than two years after the date of the enactment of this section1 the ,inspector ,general of the ,department of ,homeland ,security shall review the use of hiring and pay flexibilities under subsections 7b7 and 7c7 to determine whether the use of such flexibilities is helping the ,secretary meet hiring and retention needs1 including in rural and remote areas4 7h7 ,report on polygraph requests ,the ,secretary shall report to the appropriate congressional committees on the number of requests the ,secretary receives from any other ,federal agency for the file of an applicant for a position in ,u4,s4 ,customs and ,border ,protection that includes the results of a polygraph examination4 7i7 ,exercise of authority 7#a7 ,sole discretion ,the exercise of authority under subsection 7b7 shall be subject to the sole and exclusive discretion of the ,secretary 7or the ,commissioner1 as applicable under paragraph 7#b7 of this subsection71 notwithstanding chapter #ga and any collective bargaining agreement4 7#b7 ,delegation ,the ,secretary may delegate any authority under this section to the ,commissioner4 7j7 ,rule of construction ,nothing in this section shall be construed to exempt the ,secretary or the ,director from applicability of the merit system principles under section #bcja4 7k7 ,sunset ,the authorities under subsections 7b7 and 7c7 shall terminate on ,september #cj1 #bjbc4 ,any bonus to be paid pursuant to subsection 7b7 that is approved before such date may continue until such bonus has been paid1 subject to the conditions specified in this section4 4 7b7 ,technical and conforming amendment ,the table of sections for chapter #ig of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 #igjb4 ,u4,s4 ,customs and ,border ,protection temporary employment authorities4 4 #aacc4 ,anti-,border ,corruption ,reauthorization ,act 7a7 ,short title ,this section may be cited as the ,anti-,border ,corruption ,reauthorization ,act of #bjah4 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 #bjah4 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 #bjbb1 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 #aacd4 ,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 ,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 and the ,committee on ,ways and ,means of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs and the ,committee on ,finance of the ,senate a report that assesses the training and 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 #aada4 ,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 #bjah ,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 fiscal years #bjai through #bjbc1 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 fiscal years #bjai through #bjbc 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 ,,ii ,emergency ,port of ,entry ,personnel and ,infrastructure ,funding #baja4 ,ports of entry infrastructure 7a7 ,additional ports of entry 7#a7 ,authority ,the ,administrator of ,general ,services may1 subject to section #ccjg of title #dj1 ,united ,states ,code1 construct new ports of entry along the northern border and southern border at locations determined by the ,secretary4 7#b7 ,consultation 7,a7 ,requirement to consult ,the ,secretary and the ,administrator of ,general ,services shall consult with the ,secretary of ,state1 the ,secretary of the ,interior1 the ,secretary of ,agriculture1 the ,secretary of ,transportation1 and appropriate representatives of ,state and local governments1 and ,indian tribes1 and property owners in the ,united ,states prior to determining a location for any new port of entry 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 constructing a new port of entry 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-,priority southern border ports of entry ,not later than ,september #cj1 #bjbc1 the ,administrator of ,general ,services1 subject to section #ccjg of title #dj1 ,united ,states ,code1 and in coordination with the ,secretary1 shall expand or modernize high-priority ports of entry on the southern border1 as determined by the ,secretary1 for the purposes of reducing wait times and enhancing security4 7c7 ,port of entry prioritization ,prior to constructing any new ports of entry pursuant to subsection 7a71 the ,administrator of ,general ,services 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 and the ,administrator of ,general ,services shall jointly notify the ,members of ,congress who represent the ,state or congressional district in which such new port of entry will be located1 as well as the ,committee on ,homeland ,security and ,governmental ,affairs1 the ,committee on ,finance1 the ,committee on ,commerce1 ,science1 and ,transportation1 and the ,committee on the ,judiciary of the ,senate1 and the ,committee on ,homeland ,security1 the ,committee on ,ways and ,means1 the ,committee on ,transportation and ,infrastructure1 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 and the ,administrator 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 expansion and modernization of ports of entry ,not later than #ahj days after enactment of this ,act1 the ,secretary and the ,administrator of ,general ,services shall jointly notify the ,committee on ,homeland ,security and ,governmental ,affairs1 the ,committee on ,finance1 the ,committee on ,commerce1 ,science1 and ,transportation1 and the ,committee on the ,judiciary of the ,senate1 and the ,committee on ,homeland ,security1 the ,committee on ,ways and ,means1 the ,committee on ,transportation and ,infrastructure1 and the ,committee on the ,judiciary of the ,house of ,representatives of the ports of entry on the southern border that are the subject of expansion or modernization pursuant to subsection 7b7 and the ,secretary's and ,administrator's plan for expanding or modernizing each such port of entry4 7e7 ,savings provision ,nothing in this section may be construed to-- 7#a7 create or negate any right of action for a ,state1 local government1 or other person or entity affected by this section2 7#b7 delay the transfer of the possession of property to the ,united ,states or affect the validity of any property acquisitions by purchase or eminent domain1 or to otherwise affect the eminent domain laws of the ,united ,states or of any ,state2 or 7#c7 create any right or liability for any party4 7f7 ,rule of construction ,nothing in this section may be construed as providing the ,secretary new authority related to the construction1 acquisition1 or renovation of real property4 #bajb4 ,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 radio or other 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 ,u4,s4 ,border ,patrol agents ,the ,secretary shall ensure that each ,u4,s4 ,border ,patrol 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 7c7 ,,lte capability ,in carrying out subsection 7b71 the ,secretary shall acquire radios or other devices with the option to be ,,lte-capable for deployment in areas where ,,lte enhances operations and is cost effective4 #bajc4 ,border security deployment program 7a7 ,expansion ,not later than ,september #cj1 #bjbc1 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 years #bjai through #bjbc to carry out subsection 7a74 #bajd4 ,pilot and upgrade of license plate readers at ports of entry 7a7 ,upgrade ,not later than two years after the date of the enactment of this ,act1 the ,commissioner shall upgrade all existing license plate readers in need of upgrade1 as determined by the ,commissioner1 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 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 years #bjai through #bjbj to carry out subsection 7a74 #baje4 ,nonintrusive 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 nonintrusive 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 #bajf4 ,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 #dae the following new section3 #daf4 ,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 section 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 7,i7 a consideration of how other countries have implemented a biometric exit data system2 and 7,j7 a list of statutory1 regulatory1 or administrative authorities1 if any1 needed to integrate such a system into the operations of the ,transportation ,security ,administration2 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 ,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 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 entry4 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 ,such extension shall apply only in the case of non-pedestrian outbound traffic at such land ports of entry4 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 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 individual1 regardless of nationality1 citizenship1 or immigration status1 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 ,for all facilities at land ports of entry1 such space requirements shall be coordinated with the ,administrator of ,general ,services4 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 the ,department by the ,canadian ,border ,services ,agency pursuant to the #bjaa ,beyond the ,border agreement4 7k7 ,full and open competition ,the ,secretary shall procure goods and services to implement this section via full and open competition in accordance with the ,federal ,acquisition ,regulations4 7l7 ,other biometric initiatives ,nothing in this section may be construed as limiting the authority of the ,secretary to collect biometric information in circumstances other than as specified in this 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 #dae the following new item3 ,sec4 #daf4 ,biometric entry-exit4 4 #bajg4 ,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 and expedite the flow of legitimate trade and commerce 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 of the ,united ,states at land ports of entry to facilitate and expedite the flow of increased legitimate trade and commerce4 #bajh4 ,authorization of appropriations ,in addition to any amounts otherwise authorized to be appropriated for such purpose1 there is authorized to be appropriated #d1bej1jjj1jjj for each of fiscal years #bjai through #bjbc to carry out this title1 of which #bej1jjj1jjj in each such fiscal year is authorized to be made available to implement the biometric exit data system described in section #daf of the ,homeland ,security ,act of #bjjb1 as added by section #bajf of this division4 #baji4 ,definition ,in this title1 the term ,secretary means the ,secretary of ,homeland ,security4 ,,iii ,transnational ,criminal ,organization ,illicit ,spotter ,prevention and ,elimination #caja4 ,short title ,this title may be cited as the ,transnational ,criminal ,organization ,illicit ,spotter ,prevention and ,elimination ,act4 #cajb4 ,illicit spotting ,section #aeaj of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7f7 ,any person who knowingly transmits1 by any means1 to another person the location1 movement1 or activities of any officer or agent of a ,federal1 ,state1 local1 or tribal law enforcement agency with the intent to further a criminal offense under the immigration laws 7as such term is defined in section #aja of the ,immigration and ,nationality ,act71 the ,controlled ,substances ,act1 or the ,controlled ,substances ,import and ,export ,act1 or that relates to agriculture or monetary instruments shall be fined under this title or imprisoned not more than #aj years1 or both4 4 #cajc4 ,unlawfully hindering immigration1 border1 and customs controls 7a7 ,bringing in and harboring of certain aliens ,section #bgd7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd7;a77 is amended-- 7#a7 in paragraph 7#b71 by striking brings to or attempts to and inserting the following3 brings to or attempts or conspires to2 and 7#b7 by adding at the end the following3 7#e7 ,in the case of a person who has brought aliens into the ,united ,states in violation of this subsection1 the sentence otherwise provided for may be increased by up to #aj years if that person1 at the time of the offense1 used or carried a firearm or who1 in furtherance of any such crime1 possessed a firearm4 4 7b7 ,aiding or assisting certain aliens ,to enter the ,united ,states ,section #bgg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbg7 is amended-- 7#a7 by inserting after knowingly aids or assists the following3 or attempts to aid or assist2 and 7#b7 by adding at the end the following3 ,in the case of a person convicted of an offense under this section1 the sentence otherwise provided for may be increased by up to #aj years if that person1 at the time of the offense1 used or carried a firearm or who1 in furtherance of any such crime1 possessed a firearm44 7c7 ,destruction of ,united ,states border controls ,section #acfa of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking ,if the damage and inserting the following3 7#a7 ,except as otherwise provided in this section1 if the damage 2 and 7#b7 by adding at the end the following3 7#b7 ,if the injury or depredation was made or attempted against any fence1 barrier1 sensor1 camera1 or other physical or electronic device deployed by the ,federal ,government to control the border or a port of entry or otherwise was intended to construct1 excavate1 or make any structure intended to defeat1 circumvent1 or evade any such fence1 barrier1 sensor camera1 or other physical or electronic device deployed by the ,federal ,government to control the border or a port of entry1 by a fine under this title or imprisonment for not more than #ae years1 or both4 7#c7 ,if the injury or depredation was described under paragraph 7#b7 and1 in the commission of the offense1 the offender used or carried a firearm or1 in furtherance of any such offense1 possessed a firearm1 by a fine under this title or imprisonment for not more than #bj years1 or both4 4 ,,iv ,border ,security ,funding #daja4 ,border ,security ,funding 7a7 ,funding ,in addition to amounts otherwise made available by this ,act or any other provision of law1 there is hereby appropriated to the ,u4,s4 ,customs and ,border ,protection--,procurement1 ,construction1 and ,improvements account1 out of any amounts in the ,treasury not otherwise appropriated1 #bc1djj1jjj1jjj1 to be available as described in subsections 7b7 and 7c71 of which-- 7#a7 #af1fbe1jjj1jjj shall be for a border wall system along the southern border of the ,united ,states1 including physical barriers and associated detection technology1 roads1 and lighting2 and 7#b7 #f1gge1jjj1jjj shall be for infrastructure1 assets1 operations1 and technology to enhance border security along the southern border of the ,united ,states1 including-- 7,a7 border security technology1 including surveillance technology1 at and between ports of entry2 7,b7 new roads and improvements to existing roads2 7,c7 ,u4,s4 ,border ,patrol facilities and ports of entry2 7,d7 aircraft1 aircraft-based sensors and associated technology1 vessels1 spare parts1 and equipment to maintain such assets2 7,e7 a biometric entry and exit system2 and 7,f7 family residential centers4 7b7 ,availability of border wall system funds 7#a7 ,in general ,of the amount appropriated in subsection 7a77#a7-- 7,a7 #b1bda1jjj1jjj shall become available ,october #a1 #bjah2 7,b7 #a1hjh1jjj1jjj shall become available ,october #a1 #bjai2 7,c7 #a1gae1jjj1jjj shall become available ,october #a1 #bjbj2 7,d7 #b1adj1jjj1jjj shall become available ,october #a1 #bjba2 7,e7 #a1gce1jjj1jjj shall become available ,october #a1 #bjbb2 7,f7 #a1gdf1jjj1jjj shall become available ,october #a1 #bjbc2 7,g7 #a1ggf1jjj1jjj shall become available ,october #a1 #bjbd2 7,h7 #a1gdf1jjj1jjj shall become available ,october #a1 #bjbe2 and 7,i7 #a1gah1jjj1jjj shall become available ,october #a1 #bjbf4 7#b7 ,period of availability ,an amount made available under subparagraph 7,a71 7,b71 7,c71 7,d71 7,e71 7,f71 7,g71 7,h71 or 7,i7 of paragraph 7#a7 shall remain available for five years after the date specified in that subparagraph4 7c7 ,availability of border security investment funds 7#a7 ,in general ,of the amount appropriated in subsection 7a77#b7-- 7,a7 #ejj1jjj1jjj shall become available ,october #a1 #bjah2 7,b7 #a1hej1jjj1jjj shall become available ,october #a1 #bjai2 7,c7 #a1iej1jjj1jjj shall become available ,october #a1 #bjbj2 7,d7 #a1ibe1jjj1jjj shall become available ,october #a1 #bjba2 and 7,e7 #eej1jjj1jjj shall become available ,october #a1 #bjbb4 7#b7 ,period of availability ,an amount made available under subparagraph 7,a71 7,b71 7,c71 7,d71 or 7,e7 of paragraph 7#a7 shall remain available for five years after the date specified in that subparagraph4 7#c7 ,transfer authority 7,a7 ,in general ,notwithstanding any limitation on transfer authority in any other provision of law and subject to the notification requirement in subparagraph 7,b71 the ,secretary of ,homeland ,security may transfer any amounts made available under paragraph 7#a7 to the ,u4,s4 ,customs and ,border ,protection--,operations and ,support account only to the extent necessary to carry out the purposes described in subsection 7a77#b74 7,b7 ,notification required ,the ,secretary shall notify the ,committees on ,appropriations of the ,senate and the ,house of ,representatives not later than #cj days before each such transfer4 7d7 ,multi-,year spending plan ,the ,secretary of ,homeland ,security shall include in the budget justification materials submitted in support of the ,president's annual budget request for fiscal year #bjbj 7as submitted under section #aaje7;a7 of title #ca1 ,united ,states ,code7 a multi-year spending plan for the amounts made available under subsection 7a74 7e7 ,expenditure plan ,each amount that becomes available in accordance with subsection 7b7 or 7c7 may not be obligated until the date that is #cj days after the date on which the ,committees on ,appropriations of the ,senate and the ,house of ,representatives receive a detailed plan1 prepared by the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 for the expenditure of such amount4 7f7 ,quarterly briefing requirement ,beginning not later than #ahj days after the date of the enactment of this ,act1 and quarterly thereafter1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall brief the ,committees on ,appropriations of the ,senate and the ,house of ,representatives regarding activities under and progress made in carrying out this section4 7g7 ,rules of construction ,nothing in this section may be construed to limit the availability of funds made available by any other provision of law for carrying out the requirements of this ,act or the amendments made by this ,act4 ,any reference in this section to an appropriation account shall be construed to include any successor accounts4 7h7 ,discretionary amounts ,notwithstanding any other provision of law1 the amounts appropriated under subsection 7a7 are discretionary appropriations 7as that term is defined in section #bej7;c77#g7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ijj7;c77#g7774 #dajb4 ,exclusion from ,,paygo scorecards ,the budgetary effects of this ,act shall not be entered on either ,,paygo scorecard maintained pursuant to section #d7;d7 of the ,statutory ,pay-,as-,you-,go ,act of #bjaj4