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115th Congress } { Rept. 115-505
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
======================================================================
BORDER SECURITY FOR AMERICA ACT OF 2017
_______
January 10, 2018.--Ordered to be printed
_______
Mr. McCaul, from the Committee on Homeland Security, submitted the
following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 3548]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 3548) to make certain improvements to the
security of the international borders of the United States, and
for other purposes, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Border Security for
America Act of 2017''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
TITLE I--BORDER SECURITY
Sec. 101. Definitions.
Subtitle A--Infrastructure and Equipment
Sec. 111. Strengthening the requirements for barriers along the
southern border.
Sec. 112. Air and Marine Operations flight hours.
Sec. 113. Capability deployment to specific sectors and transit zone.
Sec. 114. U.S. Border Patrol physical infrastructure improvements.
Sec. 115. U.S. Border Patrol activities.
Sec. 116. Border security technology program management.
Sec. 117. National Guard support to secure the southern border and
reimbursement of States for deployment of the National Guard at the
southern border.
Sec. 118. Operation Phalanx.
Sec. 119. Merida Initiative.
Sec. 120. Prohibitions on actions that impede border security on
certain Federal land.
Sec. 121. Landowner and rancher security enhancement.
Sec. 122. Eradication of carrizo cane and salt cedar.
Sec. 123. Southern border threat analysis.
Sec. 124. Amendments to U.S. Customs and Border Protection.
Sec. 125. Agent and officer technology use.
Sec. 126. Integrated Border Enforcement Teams.
Sec. 127. Tunnel Task Forces.
Subtitle B--Personnel
Sec. 131. Additional U.S. Customs and Border Protection agents and
officers.
Sec. 132. U.S. Customs and Border Protection retention incentives.
Sec. 133. Anti-Border Corruption Reauthorization Act.
Sec. 134. Training for officers and agents of U.S. Customs and Border
Protection.
Subtitle C--Grants
Sec. 141. Operation Stonegarden.
Subtitle D--Authorization of Appropriations
Sec. 151. Authorization of appropriations.
TITLE II--EMERGENCY PORT OF ENTRY PERSONNEL AND INFRASTRUCTURE FUNDING
Sec. 201. Ports of entry infrastructure.
Sec. 202. Secure communications.
Sec. 203. Border security deployment program.
Sec. 204. Pilot and upgrade of license plate readers at ports of entry.
Sec. 205. Non-intrusive inspection operational demonstration.
Sec. 206. Biometric exit data system.
Sec. 207. Sense of Congress on cooperation between agencies.
Sec. 208. Authorization of appropriations.
Sec. 209. Definition.
TITLE I--BORDER SECURITY
SEC. 101. DEFINITIONS.
In this title:
(1) Advanced unattended surveillance sensors.--The term
``advanced unattended surveillance sensors'' means sensors that
utilize an onboard computer to analyze detections in an effort
to discern between vehicles, humans, and animals, and
ultimately filter false positives prior to transmission.
(2) Appropriate congressional committee.--The term
``appropriate congressional committee'' has the meaning given
the term in section 2(2) of the Homeland Security Act of 2002
(6 U.S.C. 101(2)).
(3) Commissioner.--The term ``Commissioner'' means the
Commissioner of U.S. Customs and Border Protection.
(4) High traffic areas.--The term ``high traffic areas'' has
the meaning given such term in section 102(e)(1) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996, as
amended by section 111 of this Act.
(5) Operational control.--The term ``operational control''
has the meaning given such term in section 2(b) of the Secure
Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367).
(5) Secretary.--The term ``Secretary'' means the Secretary of
Homeland Security.
(6) Situational awareness.--The term ``situational
awareness'' has the meaning given such term in section
1092(a)(7) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 6 U.S.C. 223(a)(7)).
(7) Transit zone.--The term ``transit zone'' has the meaning
given such term in section 1092(a)(8) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 6
U.S.C. 223(a)(7)).
Subtitle A--Infrastructure and Equipment
SEC. 111. STRENGTHENING THE REQUIREMENTS FOR BARRIERS ALONG THE
SOUTHERN BORDER.
Section 102 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Division C of Public Law 104-208; 8 U.S.C.
1103 note) is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--The Secretary of Homeland Security shall take such
actions as may be necessary (including the removal of obstacles to
detection of illegal entrants) to construct, install, deploy, operate,
and maintain tactical infrastructure and technology in the vicinity of
the United States border to achieve situational awareness and
operational control of the border and deter, impede, and detect illegal
activity in high traffic areas.'';
(2) in subsection (b)--
(A) in the subsection heading, by striking
``Fencing'' and inserting ``Physical Barriers'';
(B) in paragraph (1)--
(i) in subparagraph (A), by inserting
``situational awareness and'' before
``operational control''; and
(ii) by amending subparagraph (B) to read as
follows:
``(B) Tactical infrastructure.--
``(i) In general.--Not later than January 20,
2021, the Secretary of Homeland Security, in
carrying out subsection (a), shall deploy along
the United States border the most practical and
effective tactical infrastructure available for
achieving situational awareness and operational
control of the border.
``(ii) Exception for certain tactical
infrastructure.--The deployment of tactical
infrastructure under this subparagraph shall
not apply in areas along the border where
natural terrain features, natural barriers, or
the remoteness of such area would make
deployment ineffective, as determined by the
Secretary, for the purposes of gaining
situational awareness or operational control of
such areas.''; and
(iii) in subparagraph (C)--
(I) by amending clause (i) to read as
follows:
``(i) In general.--In carrying out this
section, the Secretary of Homeland Security
shall, before deploying tactical infrastructure
in a specific area or region, consult with the
Secretary of the Interior, the Secretary of
Agriculture, the Governors for each State on
the southern land border and northern land
border, other States, local governments, Indian
tribes, representatives of the U.S. Border
Patrol and U.S. Customs and Border Protection,
relevant Federal, State, local, and tribal
agencies that have jurisdiction on the southern
land border or in the maritime environment
along the southern border, and private property
owners in the United States to minimize the
impact on the environment, culture, commerce,
quality of life for the communities and
residents located near the sites at which
physical barriers, tactical infrastructure, and
technology are to be constructed.'';
(II) by redesignating clause (ii) as
clause (iii); and
(III) by inserting after clause (i),
as amended, the following new clause:
``(ii) Notification.--Not later than 60 days
after the consultation required under clause
(i), the Secretary of Homeland Security shall
notify the Committee on Homeland Security of
the House of Representatives and the Committee
on Homeland Security and Governmental Affairs
of the Senate of the type of tactical
infrastructure and technology the Secretary has
determined is most practical and effective to
achieve operational control and situational
awareness in a specific area and the other
alternatives the Secretary considered before
making such a determination.'';
(C) in paragraph (2)--
(i) by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security'';
and
(ii) by striking ``construction of fences''
and inserting ``the construction of physical
barriers''; and
(D) by amending paragraph (3) to read as follows:
``(3) Agent safety.--In carrying out this section, the
Secretary of Homeland Security, when constructing tactical
infrastructure, shall incorporate such safety features into the
design of such tactical infrastructure that the Secretary
determines, in the Secretary's sole discretion, are necessary
to maximize the safety and effectiveness of officers or agents
of the Department of Homeland Security or of any other Federal
agency.'';
(3) in subsection (c), by amending paragraph (1) to read as
follows:
``(1) In general.--Notwithstanding any other provision of
law, the Secretary of Homeland Security is authorized to waive
all legal requirements the Secretary, in the Secretary's sole
discretion, determines necessary to ensure the expeditious
construction, installation, operation, and maintenance of the
tactical infrastructure and technology under this section. Any
such decision by the Secretary shall be effective upon
publication in the Federal Register.''; and
(4) by adding after subsection (d) the following new
subsections:
``(e) Construction, Installation, and Maintenance of Technology.--Not
later than January 20, 2021, the Secretary of Homeland Security, in
carrying out subsection (a), shall deploy along the United States
border the most practical and effective technology available for
achieving situational awareness and operational control of the border.
``(f) Definitions.--In this section:
``(1) High traffic areas.--The term `high traffic areas'
means areas in the vicinity of the United States border that--
``(A) are within the responsibility of U.S. Customs
and Border Protection; and
``(B) have significant unlawful cross-border
activity.
``(2) Operational control.--The term `operational control'
has the meaning given such term in section 2(b) of the Secure
Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367).
``(3) Situational awareness defined.--The term `situational
awareness' has the meaning given such term in section
1092(a)(7) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328).
``(4) Tactical infrastructure.--The term `tactical
infrastructure' means--
``(A) boat ramps, access gates, checkpoints,
lighting, and roads; and
``(B) physical barriers (including fencing, border
wall system, and levee walls).
``(5) Technology defined.--The term `technology' includes
border surveillance and detection technology, including the
following:
``(A) Tower-based surveillance technology.
``(B) Deployable, lighter-than-air ground
surveillance equipment.
``(C) Vehicle and Dismount Exploitation Radars
(VADER).
``(D) 3-dimensional, seismic acoustic detection and
ranging border tunneling detection technology.
``(E) Advanced unattended surveillance sensors.
``(F) Mobile vehicle-mounted and man-portable
surveillance capabilities.
``(G) Unmanned aerial vehicles.''.
SEC. 112. AIR AND MARINE OPERATIONS FLIGHT HOURS.
(a) Increased Flight Hours.--The Secretary shall ensure that not
fewer than 95,000 annual flight hours are carried out by Air and Marine
Operations of U.S. Customs and Border Protection.
(b) Unmanned Aerial System.--The Secretary shall ensure that Air and
Marine Operations operate unmanned aerial systems on the southern
border of the United States for not less than 24 hours per day for five
days per week.
(c) Contract Air Support Authorization.--The Commissioner shall
contract for the unfulfilled identified air support mission critical
hours, as identified by the Chief of the U.S. Border Patrol.
(d) Primary Mission.--The Commissioner shall ensure that--
(1) the primary missions for Air and Marine Operations are to
directly support U.S. Border Patrol activities along the
southern border of the United States and Joint Interagency Task
Force South operations in the transit zone; and
(2) the Executive Assistant Commissioner of Air and Marine
Operations assigns the greatest priority to support missions
established by the Commissioner to carry out the requirements
under this Act.
(e) High-demand Flight Hour Requirements.--In accordance with
subsection (d), the Commissioner shall ensure that U.S. Border Patrol
Sector Chiefs--
(1) identify critical flight hour requirements; and
(2) direct Air and Marine Operations to support requests from
Sector Chiefs as their primary mission.
(f) Small Unmanned Aerial Vehicles.--
(1) In general.--The Chief of the U.S. Border Patrol shall be
the operational lead for U.S. Customs and Border Protection's
use of small unmanned aerial vehicles for the purpose of
meeting the U.S. Border Patrol's unmet flight hour operational
requirements and to achieve situational awareness and
operational control.
(2) Coordination.--In carrying out paragraph (1), the Chief
of the U.S. Border Patrol shall coordinate with the Executive
Assistant Commissioner for Air and Marine Operations of U.S.
Customs and Border Protection to ensure the safety of other
aircraft flying in the vicinity of small unmanned aerial
vehicles operated by the U.S. Border Patrol.
(3) Definition.--In this subsection, the term ``small
unmanned aerial vehicle'' means any unmanned aerial vehicle
operated by U.S. Customs and Border Protection weighing less
than 55 pounds.
(4) Conforming amendment.--Paragraph (3) of section 411(e) of
the Homeland Security Act of 2002 (6 U.S.C. 211(e)) is
amended--
(A) in subparagraph (B), by striking ``and'' after
the semicolon at the end;
(B) by redesignating subparagraph (C) as subparagraph
(D); and
(C) by inserting after subparagraph (B) the following
new subparagraph:
``(C) carry out the small unmanned aerial vehicle
requirements pursuant to subsection (f) of section 112
of the Border Security for America Act of 2017; and''.
SEC. 113. CAPABILITY DEPLOYMENT TO SPECIFIC SECTORS AND TRANSIT ZONE.
(a) In General.--Not later than January 20, 2021, the Secretary, in
implementing section 102 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (as amended by section 111 of this
Act), and acting through the appropriate component of the Department of
Homeland Security, shall deploy to each sector or region of the
southern border and the northern border, in a prioritized manner to
achieve situational awareness and operational control of such borders,
the following additional capabilities:
(1) San diego sector.--For the San Diego sector, the
following:
(A) Tower-based surveillance technology.
(B) Subterranean surveillance and detection
technologies.
(C) To increase coastal maritime domain awareness,
the following:
(i) Deployable, lighter-than-air surface
surveillance equipment.
(ii) Unmanned aerial vehicles with maritime
surveillance capability.
(iii) Maritime patrol aircraft.
(iv) Coastal radar surveillance systems.
(v) Maritime signals intelligence
capabilities.
(D) Ultralight aircraft detection capabilities.
(E) Advanced unattended surveillance sensors.
(F) A rapid reaction capability supported by aviation
assets.
(G) Mobile vehicle-mounted and man-portable
surveillance capabilities.
(H) Man-portable unmanned aerial vehicles.
(I) Improved agent communications capabilities.
(2) El centro sector.--For the El Centro sector, the
following:
(A) Tower-based surveillance technology.
(B) Deployable, lighter-than-air ground surveillance
equipment.
(C) Man-portable unmanned aerial vehicles.
(D) Ultralight aircraft detection capabilities.
(E) Advanced unattended surveillance sensors.
(F) A rapid reaction capability supported by aviation
assets.
(G) Man-portable unmanned aerial vehicles.
(H) Improved agent communications capabilities.
(3) Yuma sector.--For the Yuma sector, the following:
(A) Tower-based surveillance technology.
(B) Deployable, lighter-than-air ground surveillance
equipment.
(C) Ultralight aircraft detection capabilities.
(D) Advanced unattended surveillance sensors.
(E) A rapid reaction capability supported by aviation
assets.
(F) Mobile vehicle-mounted and man-portable
surveillance systems.
(G) Man-portable unmanned aerial vehicles.
(H) Improved agent communications capabilities.
(4) Tucson sector.--For the Tucson sector, the following:
(A) Tower-based surveillance technology.
(B) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(C) Deployable, lighter-than-air ground surveillance
equipment.
(D) Ultralight aircraft detection capabilities.
(E) Advanced unattended surveillance sensors.
(F) A rapid reaction capability supported by aviation
assets.
(G) Man-portable unmanned aerial vehicles.
(H) Improved agent communications capabilities.
(5) El paso sector.--For the El Paso sector, the following:
(A) Tower-based surveillance technology.
(B) Deployable, lighter-than-air ground surveillance
equipment.
(C) Ultralight aircraft detection capabilities.
(D) Advanced unattended surveillance sensors.
(E) Mobile vehicle-mounted and man-portable
surveillance systems.
(F) A rapid reaction capability supported by aviation
assets.
(G) Mobile vehicle-mounted and man-portable
surveillance capabilities.
(H) Man-portable unmanned aerial vehicles.
(I) Improved agent communications capabilities.
(6) Big bend sector.--For the Big Bend sector, the following:
(A) Tower-based surveillance technology.
(B) Deployable, lighter-than-air ground surveillance
equipment.
(C) Improved agent communications capabilities.
(D) Ultralight aircraft detection capabilities.
(E) Advanced unattended surveillance sensors.
(F) A rapid reaction capability supported by aviation
assets.
(G) Mobile vehicle-mounted and man-portable
surveillance capabilities.
(H) Man-portable unmanned aerial vehicles.
(I) Improved agent communications capabilities.
(7) Del rio sector.--For the Del Rio sector, the following:
(A) Tower-based surveillance technology.
(B) Increased monitoring for cross-river dams,
culverts, and footpaths.
(C) Improved agent communications capabilities.
(D) Improved maritime capabilities in the Amistad
National Recreation Area.
(E) Advanced unattended surveillance sensors.
(F) A rapid reaction capability supported by aviation
assets.
(G) Mobile vehicle-mounted and man-portable
surveillance capabilities.
(H) Man-portable unmanned aerial vehicles.
(I) Improved agent communications capabilities.
(8) Laredo sector.--For the Laredo sector, the following:
(A) Tower-based surveillance technology.
(B) Maritime detection resources for the Falcon Lake
region.
(C) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(D) Increased monitoring for cross-river dams,
culverts, and footpaths.
(E) Ultralight aircraft detection capability.
(F) Advanced unattended surveillance sensors.
(G) A rapid reaction capability supported by aviation
assets.
(H) Man-portable unmanned aerial vehicles.
(I) Improved agent communications capabilities.
(9) Rio grande valley sector.--For the Rio Grande Valley
sector, the following:
(A) Tower-based surveillance technology.
(B) Deployable, lighter-than-air ground surveillance
equipment.
(C) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(D) Ultralight aircraft detection capability.
(E) Advanced unattended surveillance sensors.
(F) Increased monitoring for cross-river dams,
culverts, footpaths.
(G) A rapid reaction capability supported by aviation
assets.
(H) Increased maritime interdiction capabilities.
(I) Mobile vehicle-mounted and man-portable
surveillance capabilities.
(J) Man-portable unmanned aerial vehicles.
(K) Improved agent communications capabilities.
(10) Blaine sector.--For the Blaine sector, the following:
(A) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(B) Coastal radar surveillance systems.
(C) Increased maritime interdiction capabilities.
(D) Mobile vehicle-mounted and man-portable
surveillance capabilities.
(E) Advanced unattended surveillance sensors.
(F) Ultralight aircraft detection capabilities.
(G) Man-portable unmanned aerial vehicles.
(H) Improved agent communications capabilities.
(11) Spokane sector.--For the Spokane sector, the following:
(A) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(B) Increased maritime interdiction capabilities.
(C) Mobile vehicle-mounted and man-portable
surveillance capabilities.
(D) Advanced unattended surveillance sensors.
(E) Ultralight aircraft detection capabilities.
(F) Completion of six miles of the Bog Creek road.
(G) Man-portable unmanned aerial vehicles.
(H) Improved agent communications systems.
(12) Havre sector.--For the Havre sector, the following:
(A) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(B) Mobile vehicle-mounted and man-portable
surveillance capabilities.
(C) Advanced unattended surveillance sensors.
(D) Ultralight aircraft detection capabilities.
(E) Man-portable unmanned aerial vehicles.
(F) Improved agent communications systems.
(13) Grand forks sector.--For the Grand Forks sector, the
following:
(A) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(B) Mobile vehicle-mounted and man-portable
surveillance capabilities.
(C) Advanced unattended surveillance sensors.
(D) Ultralight aircraft detection capabilities.
(E) Man-portable unmanned aerial vehicles.
(F) Improved agent communications systems.
(14) Detroit sector.--For the Detroit sector, the following:
(A) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(B) Coastal radar surveillance systems.
(C) Increased maritime interdiction capabilities.
(D) Mobile vehicle-mounted and man-portable
surveillance capabilities.
(E) Advanced unattended surveillance sensors.
(F) Ultralight aircraft detection capabilities.
(G) Man-portable unmanned aerial vehicles.
(H) Improved agent communications systems.
(15) Buffalo sector.--For the Buffalo sector, the following:
(A) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(B) Coastal radar surveillance systems.
(C) Increased maritime interdiction capabilities.
(D) Mobile vehicle-mounted and man-portable
surveillance capabilities.
(E) Advanced unattended surveillance sensors.
(F) Ultralight aircraft detection capabilities.
(G) Man-portable unmanned aerial vehicles.
(H) Improved agent communications systems.
(16) Swanton sector.--For the Swanton sector, the following:
(A) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(B) Mobile vehicle-mounted and man-portable
surveillance capabilities.
(C) Advanced unattended surveillance sensors.
(D) Ultralight aircraft detection capabilities.
(E) Man-portable unmanned aerial vehicles.
(F) Improved agent communications systems.
(17) Houlton sector.--For the Houlton sector, the following:
(A) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(B) Mobile vehicle-mounted and man-portable
surveillance capabilities.
(C) Advanced unattended surveillance sensors.
(D) Ultralight aircraft detection capabilities.
(E) Man-portable unmanned aerial vehicles.
(F) Improved agent communications systems.
(18) Transit zone.--For the transit zone, the following:
(A) Not later than two years after the date of the
enactment of this Act, an increase in the number of
overall cutter, boat, and aircraft hours spent
conducting interdiction operations over the average
number of such hours during the preceding three fiscal
years.
(B) Increased maritime signals intelligence
capabilities.
(C) To increase maritime domain awareness, the
following:
(i) Unmanned aerial vehicles with maritime
surveillance capability.
(ii) Increased maritime aviation patrol
hours.
(D) Increased operational hours for maritime security
components dedicated to joint counter-smuggling and
interdiction efforts with other Federal agencies,
including the Deployable Specialized Forces of the
Coast Guard.
(E) Coastal radar surveillance systems with long
range day and night cameras capable of providing full
maritime domain awareness of the United States
territorial waters surrounding Puerto Rico, Mona
Island, Desecheo Island, Vieques Island, Culebra
Island, Saint Thomas, Saint John, and Saint Croix.
(b) Tactical Flexibility.--
(1) Southern and northern land borders.--
(A) In general.--Beginning on January 20, 2020, or
after the Secretary has deployed at least 25 percent of
the capabilities required in each sector specified in
subsection (a), whichever comes later, the Secretary
may deviate from such capability deployments if the
Secretary determines that such deviation is required to
achieve situational awareness or operational control.
(B) Notification.--If the Secretary exercises the
authority described in subparagraph (A), the Secretary
shall, not later than 90 days after such exercise,
notify the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives
regarding the deviation under such subparagraph that is
the subject of such exercise. If the Secretary makes
any changes to such deviation, the Secretary shall, not
later than 90 days after any such change, notify such
committees regarding such change.
(2) Transit zone.--
(A) Notification.--The Secretary shall notify the
Committee on Homeland Security and Governmental Affairs
of the Senate, the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Homeland
Security of the House of Representatives, and the
Committee on Transportation and Infrastructure of the
House of Representatives regarding the capability
deployments for the transit zone specified in paragraph
(18) of subsection (a), including information relating
to--
(i) the number and types of assets and
personnel deployed; and
(ii) the impact such deployments have on the
capability of the Coast Guard to conduct its
mission in the transit zone referred to in
paragraph (18) of subsection (a).
(B) Alteration.--The Secretary may alter the
capability deployments referred to in this section if
the Secretary--
(i) determines, after consultation with the
committees referred to in subparagraph (A),
that such alteration is necessary; and
(ii) not later than 30 days after making a
determination under clause (i), notifies the
committees referred to in such subparagraph
regarding such alteration, including
information relating to--
(I) the number and types of assets
and personnel deployed pursuant to such
alteration; and
(II) the impact such alteration has
on the capability of the Coast Guard to
conduct its mission in the transit zone
referred to in paragraph (18) of
subsection (a).
(c) Exigent Circumstances.--
(1) In general.--Notwithstanding subsection (b), the
Secretary may deploy the capabilities referred to in subsection
(a) in a manner that is inconsistent with the requirements
specified in such subsection if, after the Secretary has
deployed at least 25 percent of such capabilities, the
Secretary determines that exigent circumstances demand such an
inconsistent deployment or that such an inconsistent deployment
is vital to the national security interests of the United
States.
(2) Notification.--The Secretary shall notify the Committee
on Homeland Security of the House of Representative and the
Committee on Homeland Security and Governmental Affairs of the
Senate not later than 30 days after making a determination
under paragraph (1). Such notification shall include a detailed
justification regarding such determination.
SEC. 114. U.S. BORDER PATROL PHYSICAL INFRASTRUCTURE IMPROVEMENTS.
The Secretary shall upgrade existing physical infrastructure of the
Department of Homeland Security, and construct and acquire additional
physical infrastructure, including--
(1) U.S. Border Patrol stations;
(2) U.S. Border Patrol checkpoints;
(3) mobile command centers; and
(4) other necessary facilities, structures, and properties.
SEC. 115. U.S. BORDER PATROL ACTIVITIES.
The Chief of the U.S. Border Patrol shall prioritize the deployment
of U.S. Border Patrol agents to as close to the physical land border as
possible, consistent with border security enforcement priorities and
accessibility to such areas.
SEC. 116. BORDER SECURITY TECHNOLOGY PROGRAM MANAGEMENT.
(a) In General.--Subtitle C of title IV of the Homeland Security Act
of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the
following new section:
``SEC. 434. BORDER SECURITY TECHNOLOGY PROGRAM MANAGEMENT.
``(a) Major Acquisition Program Defined.--In this section, the term
`major acquisition program' means an acquisition program of the
Department that is estimated by the Secretary to require an eventual
total expenditure of at least $300,000,000 (based on fiscal year 2017
constant dollars) over its life cycle cost.
``(b) Planning Documentation.--For each border security technology
acquisition program of the Department that is determined to be a major
acquisition program, the Secretary shall--
``(1) ensure that each such program has a written acquisition
program baseline approved by the relevant acquisition decision
authority;
``(2) document that each such program is meeting cost,
schedule, and performance thresholds as specified in such
baseline, in compliance with relevant departmental acquisition
policies and the Federal Acquisition Regulation; and
``(3) have a plan for meeting program implementation
objectives by managing contractor performance.
``(c) Adherence to Standards.--The Secretary, acting through the
Under Secretary for Management and the Commissioner of U.S. Customs and
Border Protection, shall ensure border security technology acquisition
program managers who are responsible for carrying out this section
adhere to relevant internal control standards identified by the
Comptroller General of the United States. The Commissioner shall
provide information, as needed, to assist the Under Secretary in
monitoring management of border security technology acquisition
programs under this section.
``(d) Plan.--The Secretary, acting through the Under Secretary for
Management, in coordination with the Under Secretary for Science and
Technology and the Commissioner of U.S. Customs and Border Protection,
shall submit to the appropriate congressional committees a plan for
testing, evaluating, and using independent verification and validation
resources for border security technology. Under the plan, new border
security technologies shall be evaluated through a series of
assessments, processes, and audits to ensure--
``(1) compliance with relevant departmental acquisition
policies and the Federal Acquisition Regulation; and
``(2) the effective use of taxpayer dollars.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of the
Homeland Security Act of 2002 is amended by inserting after the item
relating to section 433 the following new item:
``Sec. 434. Border security technology program management.''.
(c) Prohibition on Additional Authorization of Appropriations.--No
additional funds are authorized to be appropriated to carry out section
434 of the Homeland Security Act of 2002, as added by subsection (a).
Such section shall be carried out using amounts otherwise authorized
for such purposes.
SEC. 117. NATIONAL GUARD SUPPORT TO SECURE THE SOUTHERN BORDER AND
REIMBURSEMENT OF STATES FOR DEPLOYMENT OF THE
NATIONAL GUARD AT THE SOUTHERN BORDER.
(a) In General.--With the approval of the Secretary and the Secretary
of Defense, the Governor of a State may order any units or personnel of
the National Guard of such State to perform operations and missions
under section 502(f) of title 32, United States Code, along the
southern border for the purposes of assisting U.S. Customs and Border
Protection to achieve situational awareness and operational control of
the border.
(b) Assignment of Operations and Missions.--
(1) In general.--National Guard units and personnel deployed
under subsection (a) may be assigned such operations and
missions specified in subsection (c) as may be necessary to
secure the southern border.
(2) Nature of duty.--The duty of National Guard personnel
performing operations and missions described in paragraph (1)
shall be full-time duty under title 32, United States Code.
(c) Range of Operations and Missions.--The operations and missions
assigned under subsection (b) shall include the temporary authority
to--
(1) construct reinforced fencing or other barriers;
(2) operate ground-based surveillance systems;
(3) operate unmanned and manned aircraft;
(4) provide radio communications interoperability between
U.S. Customs and Border Protection and State, local, and tribal
law enforcement agencies;
(5) construct checkpoints along the Southern border to bridge
the gap to long-term permanent checkpoints; and
(6) provide intelligence support.
(d) Materiel and Logistical Support.--The Secretary of Defense shall
deploy such materiel, equipment, and logistical support as may be
necessary to ensure success of the operations and missions conducted by
the National Guard under this section.
(e) Exclusion From National Guard Personnel Strength Limitations.--
National Guard personnel deployed under subsection (a) shall not be
included in--
(1) the calculation to determine compliance with limits on
end strength for National Guard personnel; or
(2) limits on the number of National Guard personnel that may
be placed on active duty for operational support under section
115 of title 10, United States Code.
(f) Reimbursement Required.--
(1) In general.--The Secretary of Defense shall reimburse
States for the cost of the deployment of any units or personnel
of the National Guard to perform operations and missions in
full-time State Active Duty in support of a southern border
mission. The Secretary of Defense may not seek reimbursement
from the Secretary for any reimbursements paid to States for
the costs of such deployments.
(2) Limitation.--The total amount of reimbursements under
this section may not exceed $35,000,000 for any fiscal year.
SEC. 118. OPERATION PHALANX.
(a) In General.--The Secretary of Defense, with the concurrence of
the Secretary, shall provide assistance to U.S. Customs and Border
Protection for purposes of increasing ongoing efforts to secure the
southern border.
(b) Types of Assistance Authorized.--The assistance provided under
subsection (a) may include--
(1) deployment of manned aircraft, unmanned aerial
surveillance systems, and ground-based surveillance systems to
support continuous surveillance of the southern border; and
(2) intelligence analysis support.
(c) Materiel and Logistical Support.--The Secretary of Defense may
deploy such materiel, equipment, and logistics support as may be
necessary to ensure the effectiveness of the assistance provided under
subsection (a).
(d) Authorization of Appropriations.--There are authorized to be
appropriated for the Department of Defense $75,000,000 to provide
assistance under this section. The Secretary of Defense may not seek
reimbursement from the Secretary for any assistance provided under this
section.
(e) Reports.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act and annually thereafter, the Secretary of
Defense shall submit a report to the appropriate congressional
defense committees (as defined in section 101(a)(16) of title
10, United States Code) regarding any assistance provided under
subsection (a) during the period specified in paragraph (3).
(2) Elements.--Each report under paragraph (1) shall include,
for the period specified in paragraph (3), a description of--
(A) the assistance provided;
(B) the sources and amounts of funds used to provide
such assistance; and
(C) the amounts obligated to provide such assistance.
(3) Period specified.--The period specified in this paragraph
is--
(A) in the case of the first report required under
paragraph (1), the 90-day period beginning on the date
of the enactment of this Act; and
(B) in the case of any subsequent report submitted
under paragraph (1), the calendar year for which the
report is submitted.
SEC. 119. MERIDA INITIATIVE.
(a) Sense of Congress.--It is the sense of Congress that assistance
to Mexico, including assistance from the Department of State and the
Department of Defense and any aid related to the Merida Initiative
should--
(1) focus on providing enhanced border security at Mexico's
northern and southern borders, judicial reform, and support for
Mexico's anti-drug efforts; and
(2) return to its original focus and prioritize security,
training, and acquisition of equipment for Mexican security
forces involved in anti-drug efforts as well as be used to
train prosecutors in ongoing justice reform efforts.
(b) Assistance for Mexico.--The Secretary of State, in coordination
with the Secretary and the Secretary of Defense, shall provide level
and consistent assistance to Mexico to--
(1) combat drug production and trafficking and related
violence, transnational organized criminal organizations, and
corruption;
(2) build a secure, modern border security system capable of
preventing illegal migration;
(3) support border security and cooperation with United
States military, intelligence, and law enforcement agencies on
border incursions;
(4) support judicial reform, institution building, and rule
of law activities to build judicial capacity, address
corruption and impunity, and support human rights; and
(5) provide for training and equipment for Mexican security
forces involved in efforts to eradicate and interdict drugs.
(c) Allocation of Funds; Report.--
(1) In general.--Notwithstanding any other provision of law,
50 percent of any assistance appropriated in any appropriations
Act to implement this section shall be withheld until after the
Secretary of State submits a written report to the
congressional committees specified in paragraph (3) certifying
that the Government of Mexico is--
(A) significantly reducing illegal migration, drug
trafficking, and cross-border criminal activities on
Mexico's northern and southern borders;
(B) taking significant action to address corruption,
impunity, and human rights abuses; and
(C) improving the transparency and accountability of
Mexican Federal police forces and working with Mexican
State and municipal authorities to improve the
transparency and accountability of Mexican State and
municipal police forces.
(2) Matters to include.--The report required under paragraph
(1) shall include a description of--
(A) actions taken by the Government of Mexico to
address the matters described in such paragraph;
(B) any relevant assessments by civil society and
non-government organizations in Mexico relating to such
matters; and
(C) any instances in which the Secretary determines
that the actions taken by the Government of Mexico are
inadequate to address such matters.
(3) Congressional committees specified.--The congressional
committees specified in this paragraph are--
(A) the Committee on Appropriations of the Senate;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(C) the Committee on the Judiciary of the Senate;
(D) the Committee on Foreign Relations of the Senate;
(E) the Committee on Appropriations of the House of
Representatives;
(F) the Committee on Homeland Security of the House
of Representatives;
(G) the Committee on the Judiciary of the House of
Representatives; and
(H) the Committee on Foreign Affairs of the House of
Representatives.
(d) Notifications.--Any assistance made available by the Secretary of
State under this section shall be subject to--
(1) the notification procedures set forth in section 634A of
the Foreign Assistance Act of 1961 (22 U.S.C. 2394-1); and
(2) the notification requirements of--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on the Judiciary of the Senate;
(C) the Committee on Foreign Relations of the Senate;
(D) the Committee on Homeland Security of the House
of Representatives;
(E) the Committee on the Judiciary of the House of
Representatives; and
(F) the Committee on Foreign Affairs in the House of
Representatives.
(e) Spending Plan.--
(1) In general.--Not later than 45 days after the date of the
enactment of this Act, the Secretary of State shall submit to
the congressional committees specified in paragraph (2) a
detailed spending plan for assistance to Mexico under this
section, which shall include a strategy, developed after
consulting with relevant authorities of the Government of
Mexico, for--
(A) combating drug trafficking and related violence
and organized crime; and
(B) anti-corruption and rule of law activities, which
shall include concrete goals, actions to be taken,
budget proposals, and a description of anticipated
results.
(2) Congressional committees specified.--The congressional
committees specified in this paragraph are--
(A) the Committee on Appropriations of the Senate;
(B) the Committee on Foreign Relations of the Senate;
(C) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(D) the Committee on the Judiciary of the Senate;
(E) the Committee on Appropriations of the House of
Representatives;
(F) the Committee on Foreign Affairs of the House of
Representatives;
(G) the Committee on Homeland Security of the House
of Representatives; and
(H) the Committee on the Judiciary of the House of
Representatives.
SEC. 120. PROHIBITIONS ON ACTIONS THAT IMPEDE BORDER SECURITY ON
CERTAIN FEDERAL LAND.
(a) Prohibition on Interference With U.S. Customs and Border
Protection.--
(1) In general.--The Secretary concerned shall not impede,
prohibit, or restrict activities of U.S. Customs and Border
Protection on covered Federal land to execute search and rescue
operations or to prevent all unlawful entries into the United
States, including entries by terrorists, other unlawful aliens,
instruments of terrorism, narcotics, and other contraband
through the southern border or the northern border.
(2) Applicability.--The authority of U.S. Customs and Border
Protection to conduct activities described in paragraph (1) on
covered Federal land applies without regard to whether a state
of emergency exists.
(b) Authorized Activities of U.S. Customs and Border Protection.--
(1) In general.--U.S. Customs and Border Protection shall
have immediate access to covered Federal land to conduct the
activities described in paragraph (2) on such land to prevent
all unlawful entries into the United States, including entries
by terrorists, other unlawful aliens, instruments of terrorism,
narcotics, and other contraband through the southern border or
the northern border.
(2) Activities described.--The activities described in this
paragraph are--
(A) The use of motorized vehicles, foot patrols, and
horseback to patrol the border area, apprehend illegal
entrants, and rescue individuals; and
(B) the construction, installation, operation and
maintenance of tactical infrastructure and border
technology described in section 102 of the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996 (as amended by section 111 of this Act).
(c) Clarification Relating to Waiver Authority.--
(1) In general.--The activities of U.S. Customs and Border
Protection described in subsection (b)(2) may be carried out
without regard to the provisions of law specified in paragraph
(2).
(2) Provisions of law specified.--The provisions of law
specified in this section are all Federal, State, or other
laws, regulations, and legal requirements of, deriving from, or
related to the subject of, the following laws:
(A) The National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(B) The Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.).
(C) The Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.) (commonly referred to as the
``Clean Water Act'').
(D) Division A of subtitle III of title 54, United
States Code (54 U.S.C. 300301 et seq.) (formerly known
as the ``National Historic Preservation Act'').
(E) The Migratory Bird Treaty Act (16 U.S.C. 703 et
seq.).
(F) The Clean Air Act (42 U.S.C. 7401 et seq.).
(G) The Archaeological Resources Protection Act of
1979 (16 U.S.C. 470aa et seq.).
(H) The Safe Drinking Water Act (42 U.S.C. 300f et
seq.).
(I) The Noise Control Act of 1972 (42 U.S.C. 4901 et
seq.).
(J) The Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.).
(K) The Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.).
(L) Chapter 3125 of title 54, United States Code
(formerly known as the ``Archaeological and Historic
Preservation Act'').
(M) The Antiquities Act (16 U.S.C. 431 et seq.).
(N) Chapter 3203 of title 54, United States Code
(formerly known as the ``Historic Sites, Buildings, and
Antiquities Act'').
(O) The Wild and Scenic Rivers Act (16 U.S.C. 1271 et
seq.).
(P) The Farmland Protection Policy Act (7 U.S.C. 4201
et seq.).
(Q) The Coastal Zone Management Act of 1972 (16
U.S.C. 1451 et seq.).
(R) The Wilderness Act (16 U.S.C. 1131 et seq.).
(S) The Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.).
(T) The National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd et seq.).
(U) The Fish and Wildlife Act of 1956 (16 U.S.C. 742a
et seq.).
(V) The Fish and Wildlife Coordination Act (16 U.S.C.
661 et seq.).
(W) Subchapter II of chapter 5, and chapter 7, of
title 5, United States Code (commonly known as the
``Administrative Procedure Act'').
(X) The Otay Mountain Wilderness Act of 1999 (Public
Law 106-145).
(Y) Sections 102(29) and 103 of the California Desert
Protection Act of 1994 (Public Law 103-433).
(Z) Division A of subtitle I of title 54, United
States Code (formerly known as the ``National Park
Service Organic Act''.
(AA) The National Park Service General Authorities
Act (Public Law 91-383, 16 U.S.C. 1a-1 et seq.).
(BB) Sections 401(7), 403, and 404 of the National
Parks and Recreation Act of 1978 (Public Law 95-625).
(CC) Sections 301(a) through (f) of the Arizona
Desert Wilderness Act (Public Law 101-628).
(DD) The Rivers and Harbors Act of 1899 (33 U.S.C.
403).
(EE) The Eagle Protection Act (16 U.S.C. 668 et
seq.).
(FF) The Native American Graves Protection and
Repatriation Act (25 U.S.C. 3001 et seq.).
(GG) The American Indian Religious Freedom Act (42
U.S.C. 1996).
(HH) The Religious Freedom Restoration Act (42 U.S.C.
2000bb).
(II) The National Forest Management Act of 1976 (16
U.S.C. 1600 et seq.).
(JJ) The Multiple Use and Sustained Yield Act of 1960
(16 U.S.C. 528 et seq.).
(3) Applicability of waiver to successor laws.--If a
provision of law specified in paragraph (2) was repealed and
incorporated into title 54, United States Code, after April 1,
2008, and before the date of the enactment of this Act, the
waiver described in paragraph (1) shall apply to the provision
of such title that corresponds to the provision of law
specified in paragraph (2) to the same extent the waiver
applied to that provision of law.
(4) Savings clause.--The waiver authority under this
subsection may not be construed as affecting, negating, or
diminishing in any manner the applicability of section 552 of
title 5, United States Code (commonly referred to as the
``Freedom of Information Act''), in any relevant matter.
(d) Protection of Legal Uses.--This section may not be construed to
provide--
(1) authority to restrict legal uses, such as grazing,
hunting, mining, or recreation or the use of backcountry
airstrips, on land under the jurisdiction of the Secretary of
the Interior or the Secretary of Agriculture; or
(2) any additional authority to restrict legal access to such
land.
(e) Effect on State and Private Land.--This section shall--
(1) have no force or effect on State lands or private lands;
and
(2) not provide authority on or access to State lands or
private lands.
(f) Tribal Sovereignty.--Nothing in this section may be construed to
supersede, replace, negate, or diminish treaties or other agreements
between the United States and Indian tribes.
(g) Memoranda of Understanding.--The requirements of this section
shall not apply to the extent that such requirements are incompatible
with any memorandum of understanding or similar agreement entered into
between the Commissioner of U.S. Customs and Border Protection and a
National Park Unit before, on, or after the date of the enactment of
this Act.
(h) Definitions.--In this section:
(1) Covered federal land.--The term ``covered Federal land''
includes all land under the control of the Secretary concerned
that is located within 100 miles of the southern border or the
northern border.
(2) Secretary concerned.--The term ``Secretary concerned''
means--
(A) with respect to land under the jurisdiction of
the Department of Agriculture, the Secretary of
Agriculture; and
(B) with respect to land under the jurisdiction of
the Department of the Interior, the Secretary of the
Interior.
SEC. 121. LANDOWNER AND RANCHER SECURITY ENHANCEMENT.
(a) Establishment of National Border Security Advisory Committee.--
The Secretary shall establish a National Border Security Advisory
Committee, which--
(1) may advise, consult with, report to, and make
recommendations to the Secretary on matters relating to border
security matters, including--
(A) verifying security claims and the border security
metrics established by the Department of Homeland
Security under section 1092 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-
328; 6 U.S.C. 223); and
(B) discussing ways to improve the security of high
traffic areas along the northern border and the
southern border; and
(2) may provide, through the Secretary, recommendations to
Congress.
(b) Consideration of Views.--The Secretary shall consider the
information, advice, and recommendations of the National Border
Security Advisory Committee in formulating policy regarding matters
affecting border security.
(c) Membership.--The National Border Security Advisory Committee
shall consist of at least one member from each State who--
(1) has at least five years practical experience in border
security operations; or
(2) lives and works in the United States within 80 miles from
the southern border or the northern border.
(d) Nonapplicability of Federal Advisory Committee Act.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the National
Border Security Advisory Committee.
SEC. 122. ERADICATION OF CARRIZO CANE AND SALT CEDAR.
Not later than January 20, 2021, the Secretary, after coordinating
with the heads of the relevant Federal, State, and local agencies,
shall begin eradicating the carrizo cane plant and any salt cedar along
the Rio Grande River.
SEC. 123. SOUTHERN BORDER THREAT ANALYSIS.
(a) Threat Analysis.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs
of the Senate a Southern border threat analysis.
(2) Contents.--The analysis submitted under paragraph (1)
shall include an assessment of--
(A) current and potential terrorism and criminal
threats posed by individuals and organized groups
seeking--
(i) to unlawfully enter the United States
through the Southern border; or
(ii) to exploit security vulnerabilities
along the Southern border;
(B) improvements needed at and between ports of entry
along the Southern border to prevent terrorists and
instruments of terror from entering the United States;
(C) gaps in law, policy, and coordination between
State, local, or tribal law enforcement, international
agreements, or tribal agreements that hinder effective
and efficient border security, counterterrorism, and
anti-human smuggling and trafficking efforts;
(D) the current percentage of situational awareness
achieved by the Department along the Southern border;
(E) the current percentage of operational control
achieved by the Department on the Southern border; and
(F) traveler crossing times and any potential
security vulnerability associated with prolonged wait
times.
(3) Analysis requirements.--In compiling the Southern border
threat analysis required under this subsection, the Secretary
shall consider and examine--
(A) the technology needs and challenges, including
such needs and challenges identified as a result of
previous investments that have not fully realized the
security and operational benefits that were sought;
(B) the personnel needs and challenges, including
such needs and challenges associated with recruitment
and hiring;
(C) the infrastructure needs and challenges;
(D) the roles and authorities of State, local, and
tribal law enforcement in general border security
activities;
(E) the status of coordination among Federal, State,
local, tribal, and Mexican law enforcement entities
relating to border security;
(F) the terrain, population density, and climate
along the Southern border; and
(G) the international agreements between the United
States and Mexico related to border security.
(4) Classified form.--To the extent possible, the Secretary
shall submit the Southern border threat analysis required under
this subsection in unclassified form, but may submit a portion
of the threat analysis in classified form if the Secretary
determines such action is appropriate.
(b) U.S. Border Patrol Strategic Plan.--
(1) In general.--Not later than 180 days after the submission
of the threat analysis required under subsection (a) or June
30, 2018, and every five years thereafter, the Secretary,
acting through the Chief of the U.S. Border Patrol, shall issue
a Border Patrol Strategic Plan.
(2) Contents.--The Border Patrol Strategic Plan required
under this subsection shall include a consideration of--
(A) the Southern border threat analysis required
under subsection (a), with an emphasis on efforts to
mitigate threats identified in such threat analysis;
(B) efforts to analyze and disseminate border
security and border threat information between border
security components of the Department and other
appropriate Federal departments and agencies with
missions associated with the Southern border;
(C) efforts to increase situational awareness,
including--
(i) surveillance capabilities, including
capabilities developed or utilized by the
Department of Defense, and any appropriate
technology determined to be excess by the
Department of Defense; and
(ii) the use of manned aircraft and unmanned
aerial systems, including camera and sensor
technology deployed on such assets;
(D) efforts to detect and prevent terrorists and
instruments of terrorism from entering the United
States;
(E) efforts to detect, interdict, and disrupt aliens
and illicit drugs at the earliest possible point;
(F) efforts to focus intelligence collection to
disrupt transnational criminal organizations outside of
the international and maritime borders of the United
States;
(G) efforts to ensure that any new border security
technology can be operationally integrated with
existing technologies in use by the Department;
(H) any technology required to maintain, support, and
enhance security and facilitate trade at ports of
entry, including nonintrusive detection equipment,
radiation detection equipment, biometric technology,
surveillance systems, and other sensors and technology
that the Secretary determines to be necessary;
(I) operational coordination unity of effort
initiatives of the border security components of the
Department, including any relevant task forces of the
Department;
(J) lessons learned from Operation Jumpstart and
Operation Phalanx;
(K) cooperative agreements and information sharing
with State, local, tribal, territorial, and other
Federal law enforcement agencies that have jurisdiction
on the Northern border or the Southern border;
(L) border security information received from
consultation with State, local, tribal, territorial,
and Federal law enforcement agencies that have
jurisdiction on the Northern border or the Southern
border, or in the maritime environment, and from border
community stakeholders (including through public
meetings with such stakeholders), including
representatives from border agricultural and ranching
organizations and representatives from business and
civic organizations along the Northern border or the
Southern border;
(M) staffing requirements for all departmental border
security functions;
(N) a prioritized list of departmental research and
development objectives to enhance the security of the
Southern border;
(O) an assessment of training programs, including
training programs for--
(i) identifying and detecting fraudulent
documents;
(ii) understanding the scope of enforcement
authorities and the use of force policies; and
(iii) screening, identifying, and addressing
vulnerable populations, such as children and
victims of human trafficking; and
(P) an assessment of how border security operations
affect border crossing times.
SEC. 124. AMENDMENTS TO U.S. CUSTOMS AND BORDER PROTECTION.
(a) Duties.--Subsection (c) of section 411 of the Homeland Security
Act of 2002 (6 U.S.C. 211) is amended--
(1) in paragraph (17), by striking ``and'' after the
semicolon at the end;
(2) by redesignating paragraph (18) as paragraph (20); and
(3) by inserting after paragraph (17) the following new
paragraphs:
``(18) administer the U.S. Customs and Border Protection
public private partnerships under subtitle G;
``(19) administer preclearance operations under the
Preclearance Authorization Act of 2015 (19 U.S.C. 4431 et seq.;
enacted as subtitle B of title VIII of the Trade Facilitation
and Trade Enforcement Act of 2015; 19 U.S.C. 4301 et seq.);
and''.
(b) Office of Field Operations Staffing.--Subparagraph (A) of section
411(g)(5) of the Homeland Security Act of 2002 (6 U.S.C. 211(g)(5)) is
amended by inserting before the period at the end the following:
``compared to the number indicated by the current fiscal year work flow
staffing model''.
(c) Implementation Plan.--Subparagraph (B) of section 814(e)(1) of
the Preclearance Authorization Act of 2015 (19 U.S.C. 4433(e)(1);
enacted as subtitle B of title VIII of the Trade Facilitation and Trade
Enforcement Act of 2015; 19 U.S.C. 4301 et seq.) is amended to read as
follows:
``(B) a port of entry vacancy rate which compares the
number of officers identified in subparagraph (A) with
the number of officers at the port at which such
officer is currently assigned.''.
SEC. 125. AGENT AND OFFICER TECHNOLOGY USE.
In carrying out section 102 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (as amended by section 111 of this
Act) and section 113 of this Act, the Secretary shall, to the greatest
extent practicable, ensure that technology deployed to gain situational
awareness and operational control of the border be provided to front-
line officers and agents of the Department of Homeland Security.
SEC. 126. INTEGRATED BORDER ENFORCEMENT TEAMS.
(a) In General.--Subtitle C of title IV of the Homeland Security Act
of 2002 (6 U.S.C. 231 et seq.), as amended by section 116 of this Act,
is further amended by adding at the end the following new section:
``SEC. 435. INTEGRATED BORDER ENFORCEMENT TEAMS.
``(a) Establishment.--The Secretary shall establish within the
Department a program to be known as the Integrated Border Enforcement
Team program (referred to in this section as `IBET').
``(b) Purpose.--The Secretary shall administer the IBET program in a
manner that results in a cooperative approach between the United States
and Canada to--
``(1) strengthen security between designated ports of entry;
``(2) detect, prevent, investigate, and respond to terrorism
and violations of law related to border security;
``(3) facilitate collaboration among components and offices
within the Department and international partners;
``(4) execute coordinated activities in furtherance of border
security and homeland security; and
``(5) enhance information-sharing, including the
dissemination of homeland security information among such
components and offices.
``(c) Composition and Location of Ibets.--
``(1) Composition.--IBETs shall be led by the United States
Border Patrol and may be comprised of personnel from the
following:
``(A) Other subcomponents of U.S. Customs and Border
Protection.
``(B) U.S. Immigration and Customs Enforcement, led
by Homeland Security Investigations.
``(C) The Coast Guard, for the purpose of securing
the maritime borders of the United States.
``(D) Other Department personnel, as appropriate.
``(E) Other Federal departments and agencies, as
appropriate.
``(F) Appropriate State law enforcement agencies.
``(G) Foreign law enforcement partners.
``(H) Local law enforcement agencies from affected
border cities and communities.
``(I) Appropriate tribal law enforcement agencies.
``(2) Location.--The Secretary is authorized to establish
IBETs in regions in which such teams can contribute to IBET
missions, as appropriate. When establishing an IBET, the
Secretary shall consider the following:
``(A) Whether the region in which the IBET would be
established is significantly impacted by cross-border
threats.
``(B) The availability of Federal, State, local,
tribal, and foreign law enforcement resources to
participate in an IBET.
``(C) Whether, in accordance with paragraph (3),
other joint cross-border initiatives already take place
within the region in which the IBET would be
established, including other Department cross-border
programs such as the Integrated Cross-Border Maritime
Law Enforcement Operation Program established under
section 711 of the Coast Guard and Maritime
Transportation Act of 2012 (46 U.S.C. 70101 note) or
the Border Enforcement Security Task Force established
under section 432.
``(3) Duplication of efforts.--In determining whether to
establish a new IBET or to expand an existing IBET in a given
region, the Secretary shall ensure that the IBET under
consideration does not duplicate the efforts of other existing
interagency task forces or centers within such region,
including the Integrated Cross-Border Maritime Law Enforcement
Operation Program established under section 711 of the Coast
Guard and Maritime Transportation Act of 2012 (46 U.S.C. 70101
note) or the Border Enforcement Security Task Force established
under section 432.
``(d) Operation.--
``(1) In general.--After determining the regions in which to
establish IBETs, the Secretary may--
``(A) direct the assignment of Federal personnel to
such IBETs; and
``(B) take other actions to assist Federal, State,
local, and tribal entities to participate in such
IBETs, including providing financial assistance, as
appropriate, for operational, administrative, and
technological costs associated with such participation.
``(2) Limitation.--Coast Guard personnel assigned under
paragraph (1) may be assigned only for the purposes of securing
the maritime borders of the United States, in accordance with
subsection (c)(1)(C).
``(e) Coordination.--The Secretary shall coordinate the IBET program
with other similar border security and antiterrorism programs within
the Department in accordance with the strategic objectives of the
Cross-Border Law Enforcement Advisory Committee.
``(f) Memoranda of Understanding.--The Secretary may enter into
memoranda of understanding with appropriate representatives of the
entities specified in subsection (c)(1) necessary to carry out the IBET
program.
``(g) Report.--Not later than 180 days after the date on which an
IBET is established and biannually thereafter for the following six
years, the Secretary shall submit to the appropriate congressional
committees, including the Committee on Homeland Security of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate, and in the case of Coast Guard
personnel used to secure the maritime borders of the United States,
additionally to the Committee on Transportation and Infrastructure of
the House of Representatives, a report that--
``(1) describes the effectiveness of IBETs in fulfilling the
purposes specified in subsection (b);
``(2) assess the impact of certain challenges on the
sustainment of cross-border IBET operations, including
challenges faced by international partners;
``(3) addresses ways to support joint training for IBET
stakeholder agencies and radio interoperability to allow for
secure cross-border radio communications; and
``(4) assesses how IBETs, Border Enforcement Security Task
Forces, and the Integrated Cross-Border Maritime Law
Enforcement Operation Program can better align operations,
including interdiction and investigation activities.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of the
Homeland Security Act of 2002 is amended by adding after the item
relating to section 434 the following new item:
``Sec. 435. Integrated Border Enforcement Teams.''.
SEC. 127. TUNNEL TASK FORCES.
The Secretary is authorized to establish Tunnel Task Forces for the
purposes of detecting and remediating tunnels that breach the
international borders of the United States.
Subtitle B--Personnel
SEC. 131. ADDITIONAL U.S. CUSTOMS AND BORDER PROTECTION AGENTS AND
OFFICERS.
(a) Border Patrol Agents.--Not later than September 30, 2021, the
Commissioner of U.S. Customs and Border Protection shall hire, train,
and assign sufficient agents to maintain an active duty presence of not
fewer than 26,370 full-time equivalent agents.
(b) CBP Officers.--In addition to positions authorized before the
date of the enactment of this Act and any existing officer vacancies
within U.S. Customs and Border Protection as of such date, the
Commissioner shall hire, train, and assign to duty, not later than
September 30, 2021--
(1) sufficient U.S. Customs and Border Protection officers to
maintain an active duty presence of not fewer than 27,725 full-
time equivalent officers; and
(2) 350 full-time support staff distributed among all United
States ports of entry.
(c) Air and Marine Operations.--Not later than September 30, 2021,
the Commissioner of U.S. Customs and Border Protection shall hire,
train, and assign sufficient agents for Air and Marine Operations of
U.S. Customs and Border Protection to maintain not fewer than 1,675
full-time equivalent agents and not fewer than 264 Marine and Air
Interdiction Agents for southern border air and maritime operations.
(d) U.S. Customs and Border Protection K-9 Units and Handlers.--
(1) K-9 units.--Not later than September 30, 2021, the
Commissioner shall deploy not fewer than 300 new K-9 units,
with supporting officers of U.S. Customs and Border Protection
and other required staff, at land ports of entry and
checkpoints, on the southern border and the northern border.
(2) Use of canines.--The Commissioner shall prioritize the
use of canines at the primary inspection lanes at land ports of
entry and checkpoints.
(e) U.S. Customs and Border Protection Horseback Units.--
(1) Increase.--Not later than September 30, 2021, the
Commissioner shall increase the number of horseback units, with
supporting officers of U.S. Customs and Border Protection and
other required staff, by not fewer than 100 officers and 50
horses for security patrol along the Southern border.
(2) Funding limitation.--Of the amounts authorized to be
appropriated for U.S. Customs and Border Protection under this
Act, not more than one percent may be used for the purchase of
additional horses, the construction of new stables, maintenance
and improvements of existing stables, and for feed, medicine,
and other resources needed to maintain the health and well-
being of the horses that serve in the horseback units.
(f) U.S. Customs and Border Protection Search Trauma and Rescue
Teams.--Not later than September 30, 2021, the Commissioner shall
increase by not fewer than 50 the number of officers engaged in search
and rescue activities along the southern border.
(g) U.S. Customs and Border Protection Tunnel Detection and
Technology Program.--Not later than September 30, 2021, the
Commissioner shall increase by not fewer than 50 the number of officers
assisting task forces and activities related to deployment and
operation of border tunnel detection technology and apprehensions of
individuals using such tunnels for crossing into the United States,
drug trafficking, or human smuggling.
(h) Agricultural Specialists.--Not later than September 30, 2021, the
Secretary shall hire, train, and assign to duty, in addition to the
officers and agents authorized under subsections (a) through (g), 631
U.S. Customs and Border Protection agricultural specialists to ports of
entry along the southern border and the northern border.
(i) Office of Professional Responsibility.--Not later than September
30, 2021, the Commissioner shall hire, train, and assign sufficient
Office of Professional Responsibility special agents to maintain an
active duty presence of not fewer than 550 full-time equivalent special
agents.
(j) GAO Report.--If the staffing levels required under this section
are not achieved by September 30, 2021, the Comptroller General of the
United States shall conduct a review of the reasons why such levels
were not achieved.
SEC. 132. U.S. CUSTOMS AND BORDER PROTECTION RETENTION INCENTIVES.
(a) Definitions.--In this section:
(1) Covered area.--The term ``covered area'' means a
geographic area that the Secretary determines is in a remote
location or is an area for which it is difficult to find full-
time permanent covered CBP employees, as compared to other
ports of entry or Border Patrol sectors.
(2) Covered cbp employee.--The term ``covered CBP employee''
means an employee of U.S. Customs and Border Protection
performing activities that are critical to border security or
customs enforcement, as determined by the Commissioner.
(3) Rate of basic pay.--The term ``rate of basic pay''--
(A) means the rate of pay fixed by law or
administrative action for the position to which an
employee is appointed before deductions and including
any special rate under subpart C of part 530 of title
5, Code of Federal Regulations, or similar payment
under other legal authority, and any locality-based
comparability payment under subpart F of part 531 of
title 5, Code of Federal Regulations, or similar
payment under other legal authority, but excluding
additional pay of any other kind; and
(B) does not include additional pay, such as night
shift differentials under section 5343(f) of title 5,
United States Code, or environmental differentials
under section 5343(c)(4) of such title.
(4) Special rate of pay.--The term ``special rate of pay''
means a higher than normal rate of pay that exceeds the
otherwise applicable rate of basic pay for a similar covered
CBP employee at a land port of entry.
(b) Hiring Incentives.--
(1) In general.--To the extent necessary for U.S. Customs and
Border Protection to hire, train, and deploy qualified officers
and employees, and to the extent necessary to meet the
requirements set forth in section 131, the Commissioner, with
the approval of the Secretary, may pay a hiring bonus of
$10,000 to a covered CBP employee, after the covered CBP
completes initial basic training and executes a written
agreement required under paragraph (2).
(2) Written agreement.--The payment of a hiring bonus to a
covered CBP employee under paragraph (1) is contingent upon the
covered CBP employee entering into a written agreement with
U.S. Customs and Border Protection to complete more than two
years of employment with U.S. Customs and Border Protection
beginning on the date on which the agreement is signed. Such
agreement shall include--
(A) the amount of the hiring bonus;
(B) the conditions under which the agreement may be
terminated before the required period of service is
completed and the effect of such termination;
(C) the length of the required service period; and
(D) any other terms and conditions under which the
hiring bonus is payable, subject to the requirements
under this section.
(3) Form of payment.--A signing bonus paid to a covered CBP
employee under paragraph (1) shall be paid in a single payment
after the covered CBP employee completes initial basic training
and enters on duty and executed the agreement under paragraph
(2).
(4) Exclusion of signing bonus from rate of pay.--A signing
bonus paid to a covered CBP employee under paragraph (1) shall
not be considered part of the rate of basic pay of the covered
CBP employee for any purpose.
(5) Effective date and sunset.--This subsection shall take
effect on the date of the enactment of this Act and shall
remain in effect until the earlier of--
(A) September 30, 2019; or
(B) the date on which U.S. Customs and Border
Protection has 26,370 full-time equivalent agents.
(c) Retention Incentives.--
(1) In general.--To the extent necessary for U.S. Customs and
Border Protection to retain qualified employees, and to the
extent necessary to meet the requirements set forth in section
131, the Commissioner, with the approval of the Secretary, may
pay a retention incentive to a covered CBP employee who has
been employed with U.S. Customs and Border Protection for a
period of longer than two consecutive years, and the
Commissioner determines that, in the absence of the retention
incentive, the covered CBP employee would likely--
(A) leave the Federal service; or
(B) transfer to, or be hired into, a different
position within the Department (other than another
position in CBP).
(2) Written agreement.--The payment of a retention incentive
to a covered CBP employee under paragraph (1) is contingent
upon the covered CBP employee entering into a written agreement
with U.S. Customs and Border Protection to complete more than
two years of employment with U.S. Customs and Border Protection
beginning on the date on which the CBP employee enters on duty
and the agreement is signed. Such agreement shall include--
(A) the amount of the retention incentive;
(B) the conditions under which the agreement may be
terminated before the required period of service is
completed and the effect of such termination;
(C) the length of the required service period; and
(D) any other terms and conditions under which the
retention incentive is payable, subject to the
requirements under this section.
(3) Criteria.--When determining the amount of a retention
incentive paid to a covered CBP employee under paragraph (1),
the Commissioner shall consider--
(A) the length of the Federal service and experience
of the covered CBP employee;
(B) the salaries for law enforcement officers in
other Federal agencies; and
(C) the costs of replacing the covered CBP employee,
including the costs of training a new employee.
(4) Amount of retention incentive.--A retention incentive
paid to a covered CBP employee under paragraph (1)--
(A) shall be approved by the Secretary and the
Commissioner;
(B) shall be stated as a percentage of the employee's
rate of basic pay for the service period associated
with the incentive; and
(C) may not exceed $25,000 for each year of the
written agreement.
(5) Form of payment.--A retention incentive paid to a covered
CBP employee under paragraph (1) shall be paid as a single
payment at the end of the fiscal year in which the covered CBP
employee entered into an agreement under paragraph (2), or in
equal installments during the life of the service agreement, as
determined by the Commissioner.
(6) Exclusion of retention incentive from rate of pay.--A
retention incentive paid to a covered CBP employee under
paragraph (1) shall not be considered part of the rate of basic
pay of the covered CBP employee for any purpose.
(d) Pilot Program on Special Rates of Pay in Covered Areas.--
(1) In general.--The Commissioner may establish a pilot
program to assess the feasibility and advisability of using
special rates of pay for covered CBP employees in covered
areas, as designated on the date of the enactment of this Act,
to help meet the requirements set forth in section 131.
(2) Maximum amount.--The rate of basic pay of a covered CBP
employee paid a special rate of pay under the pilot program may
not exceed 125 percent of the otherwise applicable rate of
basic pay of the covered CBP employee.
(3) Termination.--
(A) In general.--Except as provided in subparagraph
(B), the pilot program shall terminate on the date that
is two years after the date of the enactment of this
Act.
(B) Extension.--If the Secretary determines that the
pilot program is performing satisfactorily and there
are metrics that prove its success in meeting the
requirements set forth in section 131, the Secretary
may extend the pilot program until the date that is
four years after the date of the enactment of this Act.
(4) Report to congress.--Shortly after the pilot program
terminates under paragraph (3), the Commissioner shall submit a
report to the Committee on Homeland Security and Governmental
Affairs of the Senate, the Committee on the Judiciary of the
Senate, the Committee on Homeland Security of the House of
Representatives, and the Committee on the Judiciary of the
House of Representatives that details--
(A) the total amount paid to covered CBP employees
under the pilot program; and
(B) the covered areas in which the pilot program was
implemented.
(e) Salaries.--
(1) In general.--Section 101(b) of the Enhanced Border
Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1711(b))
is amended to read as follows:
``(b) Authorization of Appropriations for CBP Employees.--There are
authorized to be appropriated to U.S. Customs and Border Protection
such sums as may be necessary to increase, effective January 1, 2018,
the annual rate of basic pay for U.S. Customs and Border Protection
employees who have completed at least one year of service--
``(1) to the annual rate of basic pay payable for positions
at GS-12, step 1 of the General Schedule under subchapter III
of chapter 53 of title 5, United States Code, for officers and
agents who are receiving the annual rate of basic pay payable
for a position at GS-5, GS-6, GS-7, GS-8, or GS-9 of the
General Schedule;
``(2) to the annual rate of basic pay payable for positions
at GS-12, step 10 of the General Schedule under such subchapter
for supervisory CBP officers and supervisory agents who are
receiving the annual rate of pay payable for a position at GS-
10 of the General Schedule;
``(3) to the annual rate of basic pay payable for positions
at GS-14, step 1 of the General Schedule under such subchapter
for supervisory CBP officers and supervisory agents who are
receiving the annual rate of pay payable for a position at GS-
11 of the General Schedule;
``(4) to the annual rate of basic pay payable for positions
at GS-12, step 10 of the General Schedule under such subchapter
for supervisory CBP officers and supervisory Border Patrol
agents who are receiving the annual rate of pay payable for a
position at GS-12 or GS-13 of the General Schedule; and
``(5) to the annual rate of basic pay payable for positions
at GS-8, GS-9, or GS-10 of the General Schedule for assistants
who are receiving an annual rate of pay payable for positions
at GS-5, GS-6, or GS-7 of the General Schedule,
respectively.''.
(2) Hardship duty pay.--In addition to compensation to which
Border Patrol agents are otherwise entitled, Border Patrol
agents who are assigned to rural areas shall be entitled to
receive hardship duty pay, in lieu of a retention incentive
under subsection (b), in an amount determined by the
Commissioner, which may not exceed the rate of special pay to
which members of a uniformed service are entitled under section
310 of title 37, United States Code.
(3) Overtime limitation.--Section 5(c)(1) of the Act of
February 13, 1911 (19 U.S.C. 267(c)(1)) is amended by striking
``$25,000'' and inserting ``$45,000''.
SEC. 133. ANTI-BORDER CORRUPTION REAUTHORIZATION ACT.
(a) Short Title.--This section may be cited as the ``Anti-Border
Corruption Reauthorization Act of 2017''.
(b) Hiring Flexibility.--Section 3 of the Anti-Border Corruption Act
of 2010 (6 U.S.C. 221) is amended by striking subsection (b) and
inserting the following new subsections:
``(b) Waiver Authority.--The Commissioner of U.S. Customs and Border
Protection may waive the application of subsection (a)(1)--
``(1) to a current, full-time law enforcement officer
employed by a State or local law enforcement agency who--
``(A) has continuously served as a law enforcement
officer for not fewer than three years;
``(B) is authorized by law to engage in or supervise
the prevention, detection, investigation, or
prosecution of, or the incarceration of any person for,
any violation of law, and has statutory powers for
arrest or apprehension;
``(C) is not currently under investigation, has not
been found to have engaged in criminal activity or
serious misconduct, has not resigned from a law
enforcement officer position under investigation or in
lieu of termination, and has not been dismissed from a
law enforcement officer position; and
``(D) has, within the past ten years, successfully
completed a polygraph examination as a condition of
employment with such officer's current law enforcement
agency;
``(2) to a current, full-time Federal law enforcement officer
who--
``(A) has continuously served as a law enforcement
officer for not fewer than three years;
``(B) is authorized to make arrests, conduct
investigations, conduct searches, make seizures, carry
firearms, and serve orders, warrants, and other
processes;
``(C) is not currently under investigation, has not
been found to have engaged in criminal activity or
serious misconduct, has not resigned from a law
enforcement officer position under investigation or in
lieu of termination, and has not been dismissed from a
law enforcement officer position; and
``(D) holds a current Tier 4 background investigation
or current Tier 5 background investigation; and
``(3) to a member of the Armed Forces (or a reserve component
thereof) or a veteran, if such individual--
``(A) has served in the Armed Forces for not fewer
than three years;
``(B) holds, or has held within the past five years,
a Secret, Top Secret, or Top Secret/Sensitive
Compartmented Information clearance;
``(C) holds, or has undergone within the past five
years, a current Tier 4 background investigation or
current Tier 5 background investigation;
``(D) received, or is eligible to receive, an
honorable discharge from service in the Armed Forces
and has not engaged in criminal activity or committed a
serious military or civil offense under the Uniform
Code of Military Justice; and
``(E) was not granted any waivers to obtain the
clearance referred to subparagraph (B).
``(c) Termination of Waiver Authority.--The authority to issue a
waiver under subsection (b) shall terminate on the date that is four
years after the date of the enactment of the Border Security for
America Act of 2017.''.
(c) Supplemental Commissioner Authority and Definitions.--
(1) Supplemental commissioner authority.--Section 4 of the
Anti-Border Corruption Act of 2010 is amended to read as
follows:
``SEC. 4. SUPPLEMENTAL COMMISSIONER AUTHORITY.
``(a) Non-exemption.--An individual who receives a waiver under
section 3(b) is not exempt from other hiring requirements relating to
suitability for employment and eligibility to hold a national security
designated position, as determined by the Commissioner of U.S. Customs
and Border Protection.
``(b) Background Investigations.--Any individual who receives a
waiver under section 3(b) who holds a current Tier 4 background
investigation shall be subject to a Tier 5 background investigation.
``(c) Administration of Polygraph Examination.--The Commissioner of
U.S. Customs and Border Protection is authorized to administer a
polygraph examination to an applicant or employee who is eligible for
or receives a waiver under section 3(b) if information is discovered
before the completion of a background investigation that results in a
determination that a polygraph examination is necessary to make a final
determination regarding suitability for employment or continued
employment, as the case may be.''.
(2) Report.--The Anti-Border Corruption Act of 2010, as
amended by paragraph (1), is further amended by adding at the
end the following new section:
``SEC. 5. REPORTING.
``(a) Annual Report.--Not later than one year after the date of the
enactment of this section and annually thereafter while the waiver
authority under section 3(b) is in effect, the Commissioner of U.S.
Customs and Border Protection shall submit to Congress a report that
includes, with respect to each such reporting period--
``(1) the number of waivers requested, granted, and denied
under section 3(b);
``(2) the reasons for any denials of such waiver;
``(3) the percentage of applicants who were hired after
receiving a waiver;
``(4) the number of instances that a polygraph was
administered to an applicant who initially received a waiver
and the results of such polygraph;
``(5) an assessment of the current impact of the polygraph
waiver program on filling law enforcement positions at U.S.
Customs and Border Protection; and
``(6) additional authorities needed by U.S. Customs and
Border Protection to better utilize the polygraph waiver
program for its intended goals.
``(b) Additional Information.--The first report submitted under
subsection (a) shall include--
``(1) an analysis of other methods of employment suitability
tests that detect deception and could be used in conjunction
with traditional background investigations to evaluate
potential employees for suitability; and
``(2) a recommendation regarding whether a test referred to
in paragraph (1) should be adopted by U.S. Customs and Border
Protection when the polygraph examination requirement is waived
pursuant to section 3(b).''.
(3) Definitions.--The Anti-Border Corruption Act of 2010, as
amended by paragraphs (1) and (2), is further amended by adding
at the end the following new section:
``SEC. 6. DEFINITIONS.
``In this Act:
``(1) Federal law enforcement officer.--The term `Federal law
enforcement officer' means a `law enforcement officer' defined
in section 8331(20) or 8401(17) of title 5, United States Code.
``(2) Serious military or civil offense.--The term `serious
military or civil offense' means an offense for which--
``(A) a member of the Armed Forces may be discharged
or separated from service in the Armed Forces; and
``(B) a punitive discharge is, or would be,
authorized for the same or a closely related offense
under the Manual for Court-Martial, as pursuant to Army
Regulation 635-200 chapter 14-12.
``(3) Tier 4; tier 5.--The terms `Tier 4' and `Tier 5' with
respect to background investigations have the meaning given
such terms under the 2012 Federal Investigative Standards.
``(4) Veteran.--The term `veteran' has the meaning given such
term in section 101(2) of title 38, United States Code.''.
(d) Polygraph Examiners.--Not later than September 30, 2021, the
Secretary shall increase to not fewer than 150 the number of trained
full-time equivalent polygraph examiners for administering polygraphs
under the Anti-Border Corruption Act of 2010, as amended by this
subtitle.
SEC. 134. TRAINING FOR OFFICERS AND AGENTS OF U.S. CUSTOMS AND BORDER
PROTECTION.
(a) In General.--Subsection (l) of section 411 of the Homeland
Security Act of 2002 (6 U.S.C. 211) is amended to read as follows:
``(l) Training and Continuing Education.--
``(1) Mandatory training and continuing education.--The
Commissioner shall ensure that every agent and officer of U.S.
Customs and Border Protection receives a minimum of 21 weeks of
training that are directly related to the mission of the U.S.
Border Patrol, Air and Marine, and the Office of Field
Operations before the initial assignment of such agents and
officers.
``(2) FLETC.--The Commissioner shall work in consultation
with the Director of the Federal Law Enforcement Training
Centers to establish guidelines and curriculum for the training
of agents and officers of U.S. Customs and Border Protection
under subsection (a).
``(3) Continuing education.--The Commissioner shall annually
require all agents and officers of U.S. Customs and Border
Protection who are required to undergo training under
subsection (a) to participate in not fewer than eight hours of
continuing education annually to maintain and update
understanding of Federal legal rulings, court decisions, and
Department policies, procedures, and guidelines related to
relevant subject matters.
``(4) Leadership training.--Not later than one year after the
date of the enactment of this subsection, the Commissioner
shall develop and require training courses geared towards the
development of leadership skills for mid- and senior-level
career employees not later than one year after such employees
assume duties in supervisory roles.''.
(b) Report.--Not later than 180 days after the date of the enactment
of this Act, the Commissioner shall submit to the Committee on Homeland
Security and the Committee on Ways and Means of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs and the Committee on Finance of the Senate a report identifying
the guidelines and curriculum established to carry out subsection (l)
of section 411 of the Homeland Security Act of 2002, as amended by
subsection (a) of this section.
(c) Assessment.--Not later than four years after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate a report that assesses the training and
education, including continuing education, required under subsection
(l) of section 411 of the Homeland Security Act of 2002, as amended by
subsection (a) of this section.
Subtitle C--Grants
SEC. 141. OPERATION STONEGARDEN.
(a) In General.--Subtitle A of title XX of the Homeland Security Act
of 2002 (6 U.S.C. 601 et seq.) is amended by adding at the end the
following new section:
``SEC. 2009. OPERATION STONEGARDEN.
``(a) Establishment.--There is established in the Department a
program to be known as `Operation Stonegarden', under which the
Secretary, acting through the Administrator, shall make grants to
eligible law enforcement agencies, through the State administrative
agency, to enhance border security in accordance with this section.
``(b) Eligible Recipients.--To be eligible to receive a grant under
this section, a law enforcement agency--
``(1) shall be located in--
``(A) a State bordering Canada or Mexico; or
``(B) a State or territory with a maritime border;
and
``(2) shall be involved in an active, ongoing, U.S. Customs
and Border Protection operation coordinated through a U.S.
Border Patrol sector office.
``(c) Permitted Uses.--The recipient of a grant under this section
may use such grant for--
``(1) equipment, including maintenance and sustainment costs;
``(2) personnel, including overtime and backfill, in support
of enhanced border law enforcement activities;
``(3) any activity permitted for Operation Stonegarden under
the Department of Homeland Security's Fiscal Year 2017 Homeland
Security Grant Program Notice of Funding Opportunity; and
``(4) any other appropriate activity, as determined by the
Administrator, in consultation with the Commissioner of U.S.
Customs and Border Protection.
``(d) Period of Performance.--The Secretary shall award grants under
this section to grant recipients for a period of not less than 36
months.
``(e) Report.--For each of the fiscal years 2018 through 2022, the
Administrator shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Homeland
Security of the House of Representatives a report that contains
information on the expenditure of grants made under this section by
each grant recipient.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated $110,000,000 for each of the fiscal years 2018 through
2022 for grants under this section.''.
(b) Conforming Amendment.--Subsection (a) of section 2002 of the
Homeland Security Act of 2002 (6 U.S.C. 603) is amended to read as
follows:
``(a) Grants Authorized.--The Secretary, through the Administrator,
may award grants under sections 2003, 2004, and 2009 to State, local,
and tribal governments, as appropriate.''.
(c) Clerical Amendment.--The table of contents in section 1(b) of the
Homeland Security Act of 2002 is amended by inserting after the item
relating to section 2008 the following:
``Sec. 2009. Operation Stonegarden.''.
Subtitle D--Authorization of Appropriations
SEC. 151. AUTHORIZATION OF APPROPRIATIONS.
In addition to amounts otherwise authorized to be appropriated, there
are authorized to be appropriated for each of the fiscal years 2018
through 2021, $2,500,000,000 to implement this title and the amendments
made by this title, of which--
(1) $10,000,000 shall be used by the Department of Homeland
Security to implement Vehicle and Dismount Exploitation Radars
(VADER) in border security operations;
(2) $200,000,000 shall be used by the Department of State to
implement section 119; and
(3) $200,000,000 shall be used by the United States Coast
Guard to implement paragraph (18) of section 113(a).
TITLE II--EMERGENCY PORT OF ENTRY PERSONNEL AND INFRASTRUCTURE FUNDING
SEC. 201. PORTS OF ENTRY INFRASTRUCTURE.
(a) Additional Ports of Entry.--
(1) Authority.--The Secretary may construct new ports of
entry along the northern border and southern border and
determine the location of any such new ports of entry.
(2) Consultation.--
(A) Requirement to consult.--The Secretary shall
consult with the Secretary of State, the Secretary of
the Interior, the Secretary of Agriculture, the
Secretary of Transportation, the Administrator of
General Services, and appropriate representatives of
State and local governments, and Indian tribes, and
property owners in the United States prior to selecting
a location for any new port constructed pursuant to
paragraph (1).
(B) Considerations.--The purpose of the consultations
required by subparagraph (A) shall be to minimize any
negative impacts of such a new port on the environment,
culture, commerce, and quality of life of the
communities and residents located near such new port.
(b) Expansion and Modernization of High-volume Southern Border Ports
of Entry.--Not later than September 30, 2021, the Secretary shall
expand or modernize the primary and secondary inspection lanes for
vehicle, cargo, and pedestrian inbound and outbound inspection lanes at
ports of entry on the southern border, as determined by the Secretary,
for the purposes of reducing wait times and enhancing security, as
determined by the Secretary.
(c) Port of Entry Prioritization.--Prior to constructing any new
ports of entry pursuant to subsection (a), the Secretary shall complete
the expansion and modernization of ports of entry pursuant to
subsection (b) to the extent practicable.
(d) Notifications.--
(1) Relating to new ports of entry.--Not later than 15 days
after determining the location of any new port of entry for
construction pursuant to subsection (a), the Secretary shall
notify the Members of Congress who represent the State or
congressional district in which such new port of entry will be
located, as well as the Committee on Homeland Security and
Governmental Affairs, the Committee on Finance, and the
Committee on the Judiciary of the Senate, and the Committee on
Homeland Security, the Committee on Ways and Means, and the
Committee on the Judiciary of the House of Representatives.
Such notification shall include information relating to the
location of such new port of entry, a description of the need
for such new port of entry and associated anticipated benefits,
a description of the consultations undertaken by the Secretary
pursuant to paragraph (2) of such subsection, any actions that
will be taken to minimize negative impacts of such new port of
entry, and the anticipated time-line for construction and
completion of such new port of entry.
(2) Relating to high volume.--Not later than 180 days after
enactment of this Act, the Secretary shall notify the Committee
on Homeland Security and Governmental Affairs, the Committee on
Finance, and the Committee on the Judiciary of the Senate, and
the Committee on Homeland Security, the Committee on Ways and
Means, and the Committee on the Judiciary of the House of
Representatives of the top ten high-volume ports of entry on
the southern border pursuant to subsection (b) and the
Secretary's plan for expanding or modernizing the primary and
secondary inspection lanes at each such port of entry.
SEC. 202. SECURE COMMUNICATIONS.
(a) In General.--The Secretary shall ensure that each U.S. Customs
and Border Protection and U.S. Immigration and Customs Enforcement
officer or agent, if appropriate, is equipped with a secure two-way
communication device, supported by system interoperability, that allows
each such officer to communicate--
(1) between ports of entry and inspection stations; and
(2) with other Federal, State, tribal, and local law
enforcement entities.
(b) Land Border Agents and Officers.--The Secretary shall ensure that
each U.S. Customs and Border Protection agent or officer assigned or
required to patrol on foot, by horseback, or with a canine unit, in
remote mission critical locations, and at border checkpoints, has a
multi- or dual-band encrypted portable radio.
SEC. 203. BORDER SECURITY DEPLOYMENT PROGRAM.
(a) Expansion.--Not later than September 30, 2021, the Secretary
shall fully implement the Border Security Deployment Program of the
U.S. Customs and Border Protection and expand the integrated
surveillance and intrusion detection system at land ports of entry
along the southern border and the northern border.
(b) Authorization of Appropriations.--In addition to amounts
otherwise authorized to be appropriated for such purpose, there is
authorized to be appropriated $33,000,000 for fiscal year 2018 to carry
out subsection (a).
SEC. 204. PILOT AND UPGRADE OF LICENSE PLATE READERS AT PORTS OF ENTRY.
(a) Upgrade.--Not later than one year after the date of the enactment
of this Act, the Commissioner of U.S. Customs and Border Protection
shall upgrade all existing license plate readers on the northern and
southern borders on incoming and outgoing vehicle lanes.
(b) Pilot Program.--Not later than 90 days after the date of the
enactment of this Act, the Commissioner of U.S. Customs and Border
Protection shall conduct a one-month pilot program on the southern
border using license plate readers for one to two cargo lanes at the
top three high-volume land ports of entry or checkpoints to determine
their effectiveness in reducing cross-border wait times for commercial
traffic and tractor-trailers.
(c) Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary shall report to the Committee on Homeland
Security and Governmental Affairs, the Committee on the Judiciary, and
the Committee on Finance of the Senate, and the Committee on Homeland
Security, and Committee on the Judiciary, and the Committee on Ways and
Means of the House of Representatives the results of the pilot program
under subsection (b) and make recommendations for implementing use of
such technology on the southern border.
(d) Authorization of Appropriations.--In addition to amounts
otherwise authorized to be appropriated for such purpose, there is
authorized to be appropriated $125,000,000 for fiscal year 2018 to
carry out subsection (a).
SEC. 205. NON-INTRUSIVE INSPECTION OPERATIONAL DEMONSTRATION.
(a) In General.--Not later than six months after the date of the
enactment of this Act, the Commissioner shall establish a six-month
operational demonstration to deploy a high-throughput non-intrusive
passenger vehicle inspection system at not fewer than three land ports
of entry along the United States-Mexico border with significant cross-
border traffic. Such demonstration shall be located within the pre-
primary traffic flow and should be scalable to span up to 26 contiguous
in-bound traffic lanes without re-configuration of existing lanes.
(b) Report.--Not later than 90 days after the conclusion of the
operational demonstration under subsection (a), the Commissioner shall
submit to the Committee on Homeland Security and the Committee on Ways
and Means of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs and the Committee on Finance of the
Senate a report that describes the following:
(1) The effects of such demonstration on legitimate travel
and trade.
(2) The effects of such demonstration on wait times,
including processing times, for non-pedestrian traffic.
(3) The effectiveness of such demonstration in combating
terrorism and smuggling.
SEC. 206. BIOMETRIC EXIT DATA SYSTEM.
(a) In General.--Subtitle B of title IV of the Homeland Security Act
of 2002 (6 U.S.C. 211 et seq.) is amended by inserting after section
417 the following new section:
``SEC. 418. BIOMETRIC ENTRY-EXIT.
``(a) Establishment.--The Secretary shall--
``(1) not later than 180 days after the date of the enactment
of this section, submit to the Committee on Homeland Security
and Governmental Affairs and the Committee on the Judiciary of
the Senate and the Committee on Homeland Security and the
Committee on the Judiciary of the House of Representatives an
implementation plan to establish a biometric exit data system
to complete the integrated biometric entry and exit data system
required under section 7208 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (8 U.S.C. 1365b), including--
``(A) an integrated master schedule and cost
estimate, including requirements and design,
development, operational, and maintenance costs of such
a system, that takes into account prior reports on such
matters issued by the Government Accountability Office
and the Department;
``(B) cost-effective staffing and personnel
requirements of such a system that leverages existing
resources of the Department that takes into account
prior reports on such matters issued by the Government
Accountability Office and the Department;
``(C) a consideration of training programs necessary
to establish such a system that takes into account
prior reports on such matters issued by the Government
Accountability Office and the Department;
``(D) a consideration of how such a system will
affect arrival and departure wait times that takes into
account prior reports on such matter issued by the
Government Accountability Office and the Department;
``(E) information received after consultation with
private sector stakeholders, including the--
``(i) trucking industry;
``(ii) airport industry;
``(iii) airline industry;
``(iv) seaport industry;
``(v) travel industry; and
``(vi) biometric technology industry;
``(F) a consideration of how trusted traveler
programs in existence as of the date of the enactment
of this Act may be impacted by, or incorporated into,
such a system;
``(G) defined metrics of success and milestones;
``(H) identified risks and mitigation strategies to
address such risks; and
``(I) a consideration of how other countries have
implemented a biometric exit data system; and
``(2) not later than two years after the date of the
enactment of this section, establish a biometric exit data
system at the--
``(A) 15 United States airports that support the
highest volume of international air travel, as
determined by available Federal flight data;
``(B) 10 United States seaports that support the
highest volume of international sea travel, as
determined by available Federal travel data; and
``(C) 15 United States land ports of entry that
support the highest volume of vehicle, pedestrian, and
cargo crossings, as determined by available Federal
border crossing data.
``(b) Implementation.--
``(1) Pilot program at land ports of entry for non-pedestrian
outbound traffic.--Not later than six months after the date of
the enactment of this section, the Secretary, in collaboration
with industry stakeholders, shall establish a six-month pilot
program to test the biometric exit data system referred to in
subsection (a)(2) on non-pedestrian outbound traffic at not
fewer than three land ports of entry with significant cross-
border traffic, including at not fewer than two land ports of
entry on the southern land border and at least one land port of
entry on the northern land border. Such pilot program may
include a consideration of more than one biometric mode, and
shall be implemented to determine the following:
``(A) How a nationwide implementation of such
biometric exit data system at land ports of entry shall
be carried out.
``(B) The infrastructure required to carry out
subparagraph (A).
``(C) The effects of such pilot program on legitimate
travel and trade.
``(D) The effects of such pilot program on wait
times, including processing times, for such non-
pedestrian traffic.
``(E) The effects of such pilot program on combating
terrorism.
``(F) The effects of such pilot program on
identifying visa holders who violate the terms of their
visas.
``(2) At land ports of entry for non-pedestrian outbound
traffic.--
``(A) In general.--Not later than five years after
the date of the enactment of this section, the
Secretary shall expand the biometric exit data system
referred to in subsection (a)(2) to all land ports of
entry, and such system shall apply only in the case of
non-pedestrian outbound traffic.
``(B) Extension.--The Secretary may extend for a
single two-year period the date specified in
subparagraph (A) if the Secretary certifies to the
Committee on Homeland Security and Governmental Affairs
and the Committee on the Judiciary of the Senate and
the Committee on Homeland Security and the Committee on
the Judiciary of the House of Representatives that the
15 land ports of entry that support the highest volume
of passenger vehicles, as determined by available
Federal data, do not have the physical infrastructure
or characteristics to install the systems necessary to
implement a biometric exit data system.
``(3) At air and sea ports of entry.--Not later than five
years after the date of the enactment of this section, the
Secretary shall expand the biometric exit data system referred
to in subsection (a)(2) to all air and sea ports of entry.
``(4) At land ports of entry for pedestrians.--Not later than
five years after the date of the enactment of this section, the
Secretary shall expand the biometric exit data system referred
to in subsection (a)(2) to all land ports of entry, and such
system shall apply only in the case of pedestrians.
``(c) Effects on Air, Sea, and Land Transportation.--The Secretary,
in consultation with appropriate private sector stakeholders, shall
ensure that the collection of biometric data under this section causes
the least possible disruption to the movement of people or cargo in
air, sea, or land transportation, while fulfilling the goals of
improving counterterrorism efforts and identifying visa holders who
violate the terms of their visas.
``(d) Termination of Proceeding.--Notwithstanding any other provision
of law, the Secretary shall, on the date of the enactment of this
section, terminate the proceeding entitled `Collection of Alien
Biometric Data Upon Exit From the United States at Air and Sea Ports of
Departure; United States Visitor and Immigrant Status Indicator
Technology Program (``US-VISIT'')', issued on April 24, 2008 (73 Fed.
Reg. 22065).
``(e) Data-matching.--The biometric exit data system established
under this section shall--
``(1) match biometric information for an individual who is
departing the United States against biometric data previously
provided to the United States Government by such individual for
the purposes of international travel;
``(2) leverage the infrastructure and databases of the
current biometric entry and exit system established pursuant to
section 7208 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (8 U.S.C. 1365b) for the purpose
described in paragraph (1); and
``(3) be interoperable with, and allow matching against,
other Federal databases that--
``(A) store biometrics of known or suspected
terrorists; and
``(B) identify visa holders who violate the terms of
their visas.
``(f) Scope.--
``(1) In general.--The biometric exit data system established
under this section shall include a requirement for the
collection of biometric exit data at the time of departure for
all categories of individuals who are required by the Secretary
to provide biometric entry data.
``(2) Exception for certain other individuals.--This section
shall not apply in the case of an individual who exits and then
enters the United States on a passenger vessel (as such term is
defined in section 2101 of title 46, United States Code) the
itinerary of which originates and terminates in the United
States.
``(3) Exception for land ports of entry.--This section shall
not apply in the case of a United States or Canadian citizen
who exits the United States through a land port of entry.
``(g) Collection of Data.--The Secretary may not require any non-
Federal person to collect biometric data, or contribute to the costs of
collecting or administering the biometric exit data system established
under this section, except through a mutual agreement.
``(h) Multi-modal Collection.--In carrying out subsections (a)(1) and
(b), the Secretary shall make every effort to collect biometric data
using multiple modes of biometrics.
``(i) Facilities.--All facilities at which the biometric exit data
system established under this section is implemented shall provide and
maintain space for Federal use that is adequate to support biometric
data collection and other inspection-related activity. For non-
federally owned facilities, such space shall be provided and maintained
at no cost to the Government.
``(j) Northern Land Border.--In the case of the northern land border,
the requirements under subsections (a)(2)(C), (b)(2)(A), and (b)(4) may
be achieved through the sharing of biometric data provided to U.S.
Customs and Border Protection by the Canadian Border Services Agency
pursuant to the 2011 Beyond the Border agreement.
``(k) Fair and Open Competition.--The Secretary shall procure goods
and services to implement this section via fair and open competition in
accordance with the Federal Acquisition Regulations.
``(l) Other Biometric Initiatives.--The Secretary may pursue
biometric initiatives at air, land, and sea ports of entry for the
purposes of border security and trade facilitation distinct from the
biometric exit data system described in this section.
``(m) Congressional Review.--Not later than 90 days after the date of
the enactment of this section, the Secretary shall submit to the
Committee on Homeland Security and Governmental Affairs of the Senate,
the Committee on the Judiciary of the Senate, the Committee on Homeland
Security of the House of Representatives, and Committee on the
Judiciary of the House of Representatives reports and recommendations
regarding the Science and Technology Directorate's Air Entry and Exit
Re-Engineering Program of the Department and the U.S. Customs and
Border Protection entry and exit mobility program demonstrations.
``(n) Savings Clause.--Nothing in this section shall prohibit the
collection of user fees permitted by section 13031 of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c).''.
(b) Clerical Amendment.--The table of contents in section 1(b) of the
Homeland Security Act of 2002 is amended by inserting after the item
relating to section 417 the following new item:
``Sec. 418. Biometric entry-exit.''.
SEC. 207. SENSE OF CONGRESS ON COOPERATION BETWEEN AGENCIES.
(a) Finding.--Congress finds that personnel constraints exist at land
ports of entry with regard to sanitary and phytosanitary inspections
for exported goods.
(b) Sense of Congress.--It is the sense of Congress that, in the best
interest of cross-border trade and the agricultural community--
(1) any lack of certified personnel for inspection purposes
at ports of entry should be addressed by seeking cooperation
between agencies and departments of the United States, whether
in the form of a memorandum of understanding or through a
certification process, whereby additional existing agents are
authorized for additional hours to facilitate the crossing and
trade of perishable goods in a manner consistent with rules of
the Department of Agriculture; and
(2) cross designation should be available for personnel who
will assist more than one agency or department at land ports of
entry to facilitate increased trade and commerce.
SEC. 208. AUTHORIZATION OF APPROPRIATIONS.
In addition to any amounts otherwise authorized to be appropriated
for such purpose, there is authorized to be appropriated $1,250,000,000
for each of fiscal years 2018 through 2021 to carry out this title, of
which--
(1) $2,000,000 shall be used by the Secretary for hiring
additional Uniform Management Center support personnel,
purchasing uniforms for CBP officers and agents, acquiring
additional motor vehicles to support vehicle mounted
surveillance systems, hiring additional motor vehicle program
support personnel, and for contract support for customer
service, vendor management, and operations management; and
(2) $250,000,000 per year shall be used to implement the
biometric exit data system described in section 418 of the
Homeland Security Act of 2002, as added by section 206 of this
Act.
SEC. 209. DEFINITION.
In this title, the term ``Secretary'' means the Secretary of Homeland
Security.
CONTENTS
Page
Purpose and Summary.............................................. 29
Background and Need for Legislation.............................. 30
Hearings......................................................... 31
Committee Consideration.......................................... 35
Committee Votes.................................................. 39
Committee Oversight Findings..................................... 50
New Budget Authority, Entitlement Authority, and Tax Expenditures 50
Congressional Budget Office Estimate............................. 50
Statement of General Performance Goals and Objectives............ 51
Duplicative Federal Programs..................................... 51
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 51
Federal Mandates Statement....................................... 51
Preemption Clarification......................................... 51
Disclosure of Directed Rule Makings.............................. 51
Advisory Committee Statement..................................... 52
Applicability to Legislative Branch.............................. 52
Section-by-Section Analysis of the Legislation................... 52
Changes in Existing Law Made by the Bill, as Reported............ 61
Committee Correspondence......................................... 95
Dissenting Views................................................. 102
Purpose and Summary
The security of our Nation hinges on how effectively our
government controls who and what enters the country both at,
and between, the official ports of entry. The Department of
Homeland Security (DHS) is charged with the important mission
to secure the Nation's borders and ports of entry against a
wide array of domestic threats. A porous border is a conduit
for transnational criminal organizations, smugglers and human
traffickers, and a vulnerability that terrorists may exploit.
Supporting and overseeing the Department of Homeland Security's
efforts to secure the Nation's borders is a principal
responsibility of the House Committee on Homeland Security.
Earlier this year, the number of apprehensions at the
southern border fell to 17-year lows. However, it now appears
that precipitous decline was only a temporary pause in illegal
migration, making the need to find a permanent border security
solution all the more urgent. The Committee maintains that
operational control of our borders must be achieved through
smart deployments of infrastructure, technology, and personnel.
H.R. 3548 provides $10 billion for the deployment and
construction of tactical infrastructure and technology to the
southern and northern border to achieve operational control and
situational awareness. It also specifically authorizes the
construction of wall, levee wall, and other barriers along the
southern border in a manner the Secretary of Homeland Security
deems ``most practical and effective.''
Terrain features and threats along the border vary widely.
As a result, a ``one-size-fits-all'' solution will fail at
achieving operational control and situational awareness along
the southern border. Therefore, this legislation mandates a
sector-by-sector technology capability deployment tailored to
the specific threats and needs of each Border Patrol sector.
The Committee is cognizant of the changing nature of the threat
landscape along the border and was purposeful in its grant of
tactical flexibility to the Secretary of Homeland Security,
should the required deployment of technology outlined in the
bill need to be altered.
Frontline officers and agents are the most important border
security resource at the Nation's disposal. Tactical
infrastructure and technology are powerful force multipliers,
but the goal of border security is, and will always be,
successful apprehension or interdiction. For this reason, this
bill authorizes an additional 5,000 Border Patrol Agents and
5,000 Customs and Border Protection Officers. Hiring and
retention have been serious challenges for this Department, so
this bill also streamlines the way that veterans of the United
States Armed Forces, and existing law enforcement officers can
be hired in an attempt to help the agency meet these lofty
personnel goals.
While much of the narrative that surrounds border security
is rightly focused on efforts to secure the southern border,
last year there were almost twice as many individuals present
in the United States on an expired visa as those apprehended
crossing the border. While the law has been clear since 2004
that DHS is required to complete a biometric exit system, a
lack of a definitive timeline and benchmarks for success have
allowed Administrations of both parties to avoid compliance
with the law. Taking a ``crawl, walk, run'' approach, this bill
remedies those challenges and mandates full deployment of an
exit system at all air, land, and sea ports of entry with
timelines and benchmarks to finally make this 9/11 Commission
recommendation a reality.
Background and Need for Legislation
While the number of people illegally crossing the border
temporarily dropped earlier this year, the threat posed by
foreign drug cartels and transnational criminal organizations
remains extraordinarily high. Over the years, Congress has
appropriated billions of dollars to strengthen border security,
through new investments in personnel, technology, and
infrastructure, but the border is not measurably more secure
that it was several years ago.
Rather than continue the flawed approaches of the past,
this bill provides DHS with a specific guide to secure the
border. This multi-layered approach is designed to deter,
detect, and help interdict illegal cross-border activity at the
earliest possible point. This bill clearly and effectively
communicates a message: the United States will not tolerate
illicit activity at our borders and ports of entry.
Hearings
No hearings were held on H.R. 3548 in the 115th Congress.
However the Committee held the following oversight hearings
which informed the legislation:
114th Congress
On April 22, 2015, the Subcommittee on Oversight and
Management Efficiency held a hearing entitled ``Acquisition
Oversight: How Effectively Is DHS Safeguarding Taxpayer
Dollars?'' The Subcommittee received testimony from Ms. Michele
Mackin, Director, Acquisition and Sourcing Management, U.S.
Government Accountability Office; Hon. Chip Fulghum, Chief
Financial Officer, U.S. Department of Homeland Security; and
Dr. Cedric Sims, Partner, Evermay Consulting Group.
On June 2, 2015, the Subcommittee on Border and Maritime
Security held a hearing entitled ``The Outer Ring of Border
Security: DHS's International Security Programs.'' The
Subcommittee received testimony from Hon. Alan D. Bersin,
Assistant Secretary and Chief Diplomatic Officer, Office of
Policy, U.S. Department of Homeland Security; Mr. John Wagner,
Deputy Assistant Commissioner, Office of Field Operations, U.S.
Customs and Border Protection, U.S. Department of Homeland
Security; Mr. Lev J. Kubiak, Assistant Director, International
Operations, Homeland Security Investigations, U.S. Immigration
and Customs Enforcement, U.S. Department of Homeland Security;
and Ms. Rebecca Gambler, Director, Homeland Security and
Justice Issues, U.S. Government Accountability Office.
On June 10, 2015, the Subcommittee on Emergency
Preparedness, Response, and Communications held a hearing
entitled ``Defense Support of Civil Authorities: A Vital
Resource in the Nation's Homeland Security Missions.'' The
Subcommittee received testimony from Mr. Robert H. Fenton, Jr.,
Deputy Associate Administrator, Office of Response and
Recovery, Federal Emergency Management Agency, U.S. Department
of Homeland Security; Mr. Robert G. Salesses, Deputy Assistant
Secretary, Homeland Defense Integration and Defense Support of
Civil Authorities, U.S. Department of Defense; Brg. Gen. Joseph
E. Whitlock, Deputy Director, Western Hemisphere, Strategic
Plans and Policy Directorate (J5), Joint Staff, U.S. Department
of Defense; Joseph W. Kirschbaum, Ph.D., Director, Defense
Capabilities and Management, U.S. Government Accountability
Office; Maj. Gen. Michael T. McGuire, Adjutant General,
Department of Emergency and Military Affairs, State of Arizona;
Mr. Jimmy J. Gianato, Director, Division of Homeland Security
and Emergency Management, State of West Virginia, testifying on
behalf of the National Emergency Management Association; and
Mr. Peter Gaynor, Director, Emergency Management Office, State
of Rhode Island.
On July 14, 2015, the Subcommittee on Border and Maritime
Security held a hearing entitled ``Securing the Maritime
Border: The future of the CBP Air and Marine.'' The
Subcommittee received testimony from Mr. Randolph D. Alles,
Assistant Commissioner, Office of Air and Marine, U.S. Customs
and Border Protection, U.S. Department of Homeland Security;
and Hon. John Roth, Inspector General, Office of Inspector
General, U.S. Department of Homeland Security.
On November 4, 2015, the Subcommittee on Border and
Maritime Security held a hearing entitled ``A New Approach to
Increase Trade and Security: An Examination of CBP's Public
Private Partnerships.'' The Subcommittee received testimony
from Mr. John Wagner, Deputy Assistant Commissioner, Office of
Field Operations, U.S. Customs and Border Protection, U.S.
Department of Homeland Security; Hon. Michael Gelber, Deputy
Commissioner, Public Buildings Service, U.S. General Services
Administration; Mr. Sam F. Vale, President, Starr-Camargo
Bridge Company; and Mr. David A. Garcia, County Administrator,
Cameron County, Texas.
On March 1, 2016, the Subcommittee on Border and Maritime
Security held a hearing entitled ``Transparency, Trust and
Verification: Measuring Effectiveness and Situational Awareness
along the Border.'' The Subcommittee received testimony from
Mr. Ronald D. Vitiello, Acting Chief, U.S. Border Patrol, U.S.
Department of Homeland Security; Maj. Gen. Randolph D. ``Tex''
Alles (Ret.-USMC), Assistant Commissioner, U.S. Customs and
Border Protection, U.S. Department of Homeland Security; and
Ms. Rebecca Gambler, Director, Homeland Security and Justice
Issues, U.S. Government Accountability Office.
On April 19, 2016, the Subcommittee on Border and Maritime
Security held a hearing entitled ``Keeping Pace with Trade,
Travel, and Security: How does CBP Prioritize and Improve
Staffing and Infrastructure?'' The Subcommittee received
testimony from Mr. Eugene Schied, Acting Executive Assistant
Commissioner, Office of Enterprise Services, U.S. Customs and
Border Protection, U.S. Department of Homeland Security; Ms.
Linda Jacksta, Assistant Commissioner, Office of Human
Resources Management, U.S. Customs and Border Protection, U.S.
Department of Homeland Security; Mr. John P. Wagner, Deputy
Assistant Commissioner, Office of Field Operations, U.S.
Customs and Border Protection, U.S. Department of Homeland
Security; Mr. Michael Gelber, Deputy Commissioner, Public
Buildings Service, U.S. General Services Administration; and
Mr. Anthony Reardon, National President, National Treasury
Employees Union.
On May 9, 2016, the Subcommittee on Border and Maritime
Security held a field hearing in Sahuarita, Arizona, entitled
``Life on the Border: Examining Border Security through the
Eyes of Local Residents and Law Enforcement.'' The Subcommittee
received testimony from Hon. Mark Dannels, Sheriff, Cochise
County, Arizona; Hon. Danny Ortega, Mayor, Douglas, Arizona;
Mr. Art Del Cueto, President, Local 2544, National Border
Patrol Council; Mr. Dan Bell, President, ZZ Cattle Corporation;
Mr. Mark S. Adams, Coordinator, Frontera De Cristo; Mr. Jaime
S. Chamberlain, President, J-C Distributing Inc.; Ms. Nan
Stockholm-Walden, Vice President and Legal Counsel, Farmers
Investment Co. (FICO); and Mr. Frank Krentz, Rancher.
On May 24, 2016, the Subcommittee on Border and Maritime
Security held a hearing entitled ``Border Security Gadgets,
Gizmos, and Information: Using Technology to Increase
Situational Awareness and Operational Control.'' The
Subcommittee received testimony from Mr. Ronald Vitiello,
Acting Chief, U.S. Border Patrol, U.S. Department of Homeland
Security; Maj. Gen. Randolph D. ``Tex'' Alles (Ret.-USMC),
Executive Assistant Commissioner, Office of Air and Marine
Operations, U.S. Customs and Border Protection, U.S. Department
of Homeland Security; Mr. Mark Borkowski, Assistant
Commissioner and Chief Acquisition Executive, Office of
Technology Innovation and Acquisition, U.S. Customs and Border
Protection, U.S. Department of Homeland Security; and Ms.
Rebecca Gambler, Director, Homeland Security and Justice, U.S.
Government Accountability Office.
On June 14, 2016, the Subcommittee on Border and Maritime
Security held a hearing entitled ``Overstaying Their Welcome:
National Security Risks Posed by Visa Overstays.'' The
Subcommittee received testimony from Mr. John Wagner, Deputy
Assistant Commissioner, U.S. Customs and Border Protection,
U.S. Department of Homeland Security; Mr. Craig Healy,
Assistant Director for National Security Investigations,
Homeland Security Investigations, U.S. Immigration and Customs
Enforcement, U.S. Department of Homeland Security; Ms. Kelli
Ann Burriesci, Deputy Assistant Secretary, Department of
Homeland Security's Screening, Coordination Office, U.S.
Department of Homeland Security; and Mr. Robert Burns, Homeland
Security Advanced Research Projects Agency Deputy Director,
Science and Technology Directorate, U.S. Department of Homeland
Security.
On July 7, 2016, the Subcommittee on Coast Guard and
Maritime Transportation of the Committee on Transportation and
Infrastructure and the Subcommittee on Border and Maritime
Security held a joint hearing entitled ``An Examination of the
Maritime Nuclear Smuggling Threat.'' The Subcommittees received
testimony from Rear Admiral Linda L. Fagan, Deputy Commandant
for Operations, Policy, and Capabilities, U.S. Coast Guard,
U.S. Department of Homeland Security; Dr. Todd C. Owen,
Assistant Commissioner, Office of Field Operations, U.S.
Customs and Border Protection, U.S. Department of Homeland
Security; Dr. Wayne Brasure, Acting Director, Domestic Nuclear
Detection Office; Ms. Anne Harrington, Deputy Administrator,
Defense Nuclear Nonproliferation, National Nuclear Security
Administration; Ms. Jennifer Grover, Director, Homeland
Security and Justice Issues, U.S. Government Accountability
Office; Dr. Gregory H. Canavan, Senior Fellow, Los Alamos
National Laboratories; Mr. David A. Espie, Director of
Security, Maryland Port Administration, Port of Baltimore; and
Mr. James H.I. Weakley, President, Lake Carriers' Association.
On September 13, 2016, the Subcommittee on Border and
Maritime Security held a hearing entitled ``Moving the Line of
Scrimmage: Re-examining the Defense-in-Depth Strategy.'' The
Subcommittee received testimony from Mr. Mark Morgan, Chief,
U.S. Border Patrol, U.S. Department of Homeland Security; Ms.
Peggy Davis, Private Citizen; Mr. Gary Brasher, Private
Citizen; Dr. Elyse Golob, Executive Director, National Center
for Border Security and Immigration, The University of Arizona;
and Mr. Christian Ramirez, Director, Southern Border
Communities Coalition.
115th Congress
On February 7, 2017, the Full Committee held a hearing
entitled ``Ending the Crisis: America's Borders and the Path to
Security.'' The Committee received testimony from Hon. John F.
Kelly, Secretary, U.S. Department of Homeland Security; Mr.
Steve C. McCraw, Director, Texas Department of Homeland
Security; Mr. Joe Frank Martinez, Sheriff, Val Verde County,
Texas; Mr. Leon N. Wilmot, Sheriff, Yuma County, Arizona; and
The Honorable Eddie Trevino, Jr., County Judge, Cameron County,
Texas.
On February 16, 2017, the Subcommittee on Border and
Maritime Security held a hearing entitled ``A Dangerous and
Sophisticated Adversary: The Threat to the Homeland Posed by
Cartel Operations.'' The Subcommittee received testimony from
Vice Admiral Charles Ray, Deputy Commandant for Operations,
U.S. Coast Guard, U.S. Department of Homeland Security; Chief
Paul A. Beeson, Commander, Joint Task Force-West, Arizona, U.S.
Department of Homeland Security; Mr. Matt Allen, Assistant
Director for HSI Investigative Programs, Homeland Security
Investigations, U.S. Department of Homeland Security; and Mr.
Luis E. Arreaga, Principal Deputy Assistant Secretary, Bureau
of International Narcotics and Law Enforcement Affairs, U.S.
Department of State.
On April 4, 2017, the Subcommittee on Border and Maritime
Security held a hearing entitled ``Defeating a Sophisticated
and Dangerous Adversary: Are the New Border Security Task
Forces the Right Approach?'' The Subcommittee received
testimony from Vice Admiral Karl Schultz, Director, Joint Task
Force-East, U.S. Department of Homeland Security; Chief Paul A.
Beeson, Commander, Joint Task Force-West, U.S. Department of
Homeland Security; Ms. Janice Ayala, Director, Joint Task
Force-Investigations Homeland Security Investigations; and Ms.
Rebecca Gambler, Director, Homeland Security and Justice
Issues, U.S. Government Accountability Office.
On May 18, 2017, the Subcommittee on Oversight and
Management Efficiency held a hearing entitled ``From the Border
to Disasters and Beyond: Critical Canine Contributions to the
DHS Mission.'' The Subcommittee received testimony from Mr.
Damian Montes, Director, Canine Training Program, U.S. Customs
and Border Protection, U.S. Department of Homeland Security;
Ms. Melanie Harvey, Director, Threat Assessment Division,
Transportation Security Administration, U.S. Department of
Homeland Security; Mr. Peter Jaquez, Acting Deputy Chief, Law
Enforcement Operations-Specialty Programs, U.S. Border Patrol,
U.S. Department of Homeland Security; Dr. Patrick Carrick,
Director, Homeland Security Advanced Research Projects Agency,
Science and Technology Directorate, U.S. Department of Homeland
Security; and Dr. Jennifer Brown, Canine Search Specialist and
Team Veterinarian, Urban Search and Rescue-Florida Task Force
2. The Transportation Security and Customs and Border
Protection canines units were present and performed detection
simulations. TSA canine performed an explosive detection
simulation and CBP canines performed agricultural and drug
inspection simulations
On May 23, 2017, the Subcommittee on Border and Maritime
Security held a hearing entitled ``Visa Overstays: A Gap in the
Nation's Border Security'' The Subcommittee received testimony
from Mr. Michael Dougherty, Assistant Secretary, Border,
Immigration, and Trade, Office of Policy, U.S. Department of
Homeland Security; Mr. John Wagner, Deputy Executive Assistant
Commissioner, U.S. Customs and Border Protection , U.S.
Department of Homeland Security; Mr. Clark Settles, Assistant
Director, National Security Division, Homeland Security
Investigations, U.S. Department of Homeland Security; and Hon.
John Roth, Inspector General, Office of the Inspector General,
U.S. Department of Homeland Security.
On June 20, 2017, the Subcommittee on Counterterrorism and
Intelligence held a field hearing in Central Islip , New York,
entitled ``Combating Gang Violence on Long Island: Shutting
Down the MS-13 Pipeline.'' The Subcommittee received testimony
from Mr. William Sweeney, Assistant Director in Charge, New
York Field Office, Federal Bureau of Investigation, U.S.
Department of Justice; Mr. Angel Melendez, Special Agent in
Charge, Homeland Security Investigations, Immigration and
Customs Enforcement, U.S. Department of Homeland Security; Mr.
Timothy Sini, Police Commissioner, Suffolk County, New York;
Mr. Michael Marino, Commanding Officer, Gang Investigations
Squad, Nassau County Police Department, Nassau County, New
York; Mr. Thomas C. Krumpter, Acting Commissioner, Nassau
County Police Department, Nassau County, New York; Mr. Vincent
DeMarco, Sheriff, Suffolk County New York; Mrs. Evelyn
Rodriquez, Suffolk County Resident; Mr. Robert Mickens, Suffolk
County Resident; Dr. Howard Koenig, Superintendent of Schools,
Central Islip Union Free School District; and Patrick Young,
Esq., Program Director, Central American Refugee Center.
On July 25, 2017, the Subcommittee on Border and Maritime
Security held a hearing entitled ``Deter, Detect and Interdict:
Technology's Role in Securing the Border.'' The Subcommittee
received testimony from Mr. Todd C. Owen, Executive Assistant
Commissioner, Office of Field Operations, U.S. Customs and
Border Protection, U.S. Department of Homeland Security; Mr.
Scott A. Luck, Acting Deputy Chief, U.S. Border Patrol, U.S.
Department of Homeland Security; Mr. Dennis J. Michelini,
Acting Executive Director of Operations, Air and Marine
Operations, U.S. Customs and Border Protection, U.S. Department
of Homeland Security; and Ms. Rebecca Gambler, Director,
Homeland Security and Justice, U.S. Government Accountability
Office.
Committee Consideration
The Committee met on October 4, 2017, to consider H.R.
3548, and ordered the measure to be reported to the House with
a favorable recommendation, amended, by a recorded vote of 18
yeas and 12 nays, (Roll Call Vote No. 36). The Committee took
the following actions:
The following amendments were offered:
An Amendment in the Nature of a Substitute offered by Mr.
McCaul (#1); was AGREED TO by a recorded vote of 17 yeas and 12
nays, (Roll Call Vote No. 35).
An amendment by Mr. Thompson of Mississippi to the Amendment
in the Nature of a Substitute (#1A); was NOT AGREED TO by a
recorded vote of 10 yeas and 17 nays, (Roll Call Vote No. 16).
Page 1, line 3, strike ``Border Security for America Act of 2017''
and insert ``Taking Americans' Land to Build Trump's Wall Act of
2017''.
An amendment by Mr. Vela to the Amendment in the Nature of a
Substitute (#1B); was NOT AGREED TO by a recorded vote of 0
yeas, 26 nays, with 1 voting ``Present'', (Roll Call Vote No.
17).
Page 3, beginning line 1, insert the following new subsection (and
make necessary conforming changes): entitled ``(3) Border Wall
System.''
An amendment by Mr. Thompson of Mississippi to the Amendment
in the Nature of a Substitute (#1C); was NOT AGREED TO by voice
vote.
Page 3, after line 8, insert a new paragraph (and redesignate
subsequent paragraphs accordingly): entitled ``(5) Illegal Border
Crossing Effectiveness Rate.''
Page 3, strike lines 9 through 12 and insert a new paragraph
entitled ``(6) Operational Control.''
An amendment by Mr. Thompson of Mississippi to the Amendment
in the Nature of a Substitute (#1D); was NOT AGREED TO by voice
vote.
Amend section 111 with a new section 111 entitled ``Sec. 111.
Border Infrastructure Construction Based on Needs in the Field.''
Strike section 113 (and redesignate subsequent sections
accordingly and make necessary conforming changes).
An amendment by Mr. Thompson of Mississippi to the Amendment
in the Nature of a Substitute (#1E); was NOT AGREED TO by 11
yeas and 17 nays, (Roll Call Vote No. 18).
Strike section 111 (and redesignate subsequent sections
accordingly and make necessary conforming changes).
An amendment by Mr. Vela to the Amendment in the Nature of a
Substitute (#1F); was NOT AGREED TO by a recorded vote of 11
yeas and 17 nays, (Roll Call Vote No. 19).
Page 4, strike lines 10 through 16 and insert a new subsection
entitled ``(a) In General.''
Page 85, beginning line 13, insert the following (and make
necessary conforming changes):(2) $20,000,000 shall be used by the
Department of Homeland Security to establish an eminent domain legal
defense fund described in section 111;
An amendment by Mr. Vela to the Amendment in the Nature of a
Substitute (#1G); was NOT AGREED TO by a recorded vote of 11
yeas and 17 nays, (Roll Call Vote No. 20).
Page 4, strike lines 10 through 16 and insert a new subsection
entitled ``(a) In General.''
An amendment by Mr. Vela to the Amendment in the Nature of a
Substitute (#1H); was NOT AGREED TO by a recorded vote of 14
yeas and 15 nays, (Roll Call Vote No. 21).
Page 4, strike lines 10 through 16 and insert a new subsection
entitled ``(a) In General.''
An amendment by Mr. McCaul to the Amendment in the Nature of a
Substitute (#1I); was AGREED TO by voice vote.
Page 4, line 15, insert ``achieve situational awareness and
operational control of the border and'' after ``border to''.
Page 5, strike lines 12 through 20 (and make necessary conforming
changes).
Page 9, strike lines 7 through 23 (and make necessary conforming
changes).
Page 10, line 16, strike the closing quotes and the second period.
Page 10, beginning line 17, insert the following new subsections:
``(4) Tactical Infrastructure.''
``(5) Technology.''
An amendment by Mr. Hurd to the Amendment in the Nature of a
Substitute (#1J); was AGREED TO by a recorded vote of 17 yeas,
11 nays, and 1 voting ``Present'', (Roll Call Vote No. 22).
Page 5, beginning line 12, insert the following new clause (and
redesignate subsequent clauses accordingly): entitled ``(ii) Exception
for Certain Tactical Infrastructure.''
An amendment by Ms. McSally to the Amendment in the Nature of
a Substitute (#1K); was AGREED TO by voice vote.
Page 5, line 16, strike ``forward operating bases,''.
Page 7, line 15, insert a period after ``mination''.
At the end of subtitle A of Title I, add a new section entitled
``Sec. 125. Agent and Officer Technology Use.''
In section 131, redesignate subsection (i) as section (j).
In section 131, insert after subsection (h) the following new
subsection entitled ``(i) Office of Professional Responsibility.''
At the end of subtitle B of title I add a new section entitled
``Sec. 134. Training for Officers and Agents of U.S. Customs and Border
Protection.''
Redesignate sections 205, 206, and 207 as sections 206, 207, and
208, respectively.
Insert after section 204 a new section entitled ``Sec. 205. Non-
Intrusive Inspection Operational Demonstration.''
An amendment by Mr. Vela to the Amendment in the Nature of a
Substitute (#1L); was NOT AGREED TO by a recorded vote of 12
yeas and 17 nays, (Roll Call Vote No. 23).
Page 6, line 1, insert ``constructing, installing, or'' before
``deploying''.
Page 6, line 4, insert ``the Comptroller General of the United
States,'' after ``Agriculture''.
Page 6, line 11, insert ``in the specific area or region at
issue'' after ``jurisdiction''.
Page 7, beginning line 1, strike ``Not later than 60 days after
the consultation required under clause (i)'' and insert ``Not later
than 180 days prior to commencing construction, installation, or
deployment of tactical infrastructure in a specific area or region''.
Page 7, line 12, insert ``and timeline, projected costs, analysis
of alternatives, and plans for the construction, installation, or
deployment of tactical infrastructure in that specific area or region,
together with specific information on how much of that area or region
is privately owned and may be subject to eminent domain, an assessment
from the Comptroller General of the United States as to whether there
is documentation to support a determination that such construction,
installation, or deployment is most practical and effective to achieve
operational control and situational awareness, and any written feedback
regarding the determination from parties involved in the consultation
required under clause (i)'' after ``area''.
Page 7, line 15, insert a period after ``mination''.
An amendment by Miss Rice of New York to the Amendment in the
Nature of a Substitute (#1M); was NOT AGREED TO by a recorded
vote of 12 yeas and 17 nays, (Roll Call Vote No. 24).
Page 8, line 9, insert ``and'' after the semicolon.
Page 8, strike lines 10 through 20.
An amendment by Ms. Jackson Lee to the Amendment in the Nature
of a Substitute (#1N); was NOT AGREED TO by a recorded vote of
12 yeas and 17 nays, (Roll Call Vote No. 25).
Page 8, line 20, after ``Federal Register.'' insert the following:
``Such publication shall include an identification of the species of
animal or type of fauna or flora that may be endangered, including
potential extinction, through the actions taken to construct a border
fence or border wall under this section.''.
An amendment by Mr. Thompson of Mississippi to the Amendment
in the Nature of a Substitute (#1O); was NOT AGREED TO by a
recorded vote of 12 yeas and 17 nays, (Roll Call Vote No. 26).
Page 10, beginning line 8, insert a new subsection entitled ``(3)
Most Practical and Effective.''
An amendment by Mr. Keating to the Amendment in the Nature of
a Substitute (#1P); was NOT AGREED TO by a recorded vote of 12
yeas and 17 nays, (Roll Call Vote No. 27).
Page 9, beginning line 24, insert the following new subsection
(and redesignate subsequent subsections accordingly) entitled ``(e)
Certification and Conditionality.''
An amendment by Ms. Barragan to the Amendment in the Nature of
a Substitute (#1Q); was NOT AGREED TO by voice vote.
Page 13, line 16, insert ``, subject to the condition regarding
certification specified in subsection (b),'' after ``shall''.
Page 27, beginning line 18, insert the following (and redesignate
subsequent subsections accordingly): a new subsection entitled ``(b)
Certification.''
An amendment by Ms. Barragan to the Amendment in the Nature of
a Substitute (#1R); was NOT AGREED TO by a recorded vote of 12
yeas and 17 nays, (Roll Call Vote No. 28).
Page 31, line 17, insert ``(but not further than 25 miles from
such border)'' after ``possible''.
An amendment by Ms. Jackson Lee to the Amendment in the Nature
of a Substitute (#1S); was NOT AGREED TO by a recorded vote of
12 yeas and 17 nays, (Roll Call Vote No. 29).
In section 115, add at the end the following: ``The Chief of the
U.S. Border Patrol shall submit to Congress a report on the policies,
protocols, and procedures given to Border Patrol agents on how they are
to engage United States citizens, lawful permanent residents, tourists,
foreign students, and Deferred Action for Childhood Arrivals.''.
An amendment by Mr. Langevin to the Amendment in the Nature of
a Substitute (#1T); was NOT AGREED TO by a recorded vote of 12
yeas and 17 nays, (Roll Call Vote No. 30).
Strike section 120 (and redesignate subsequent sections
accordingly and make necessary conforming changes).
An amendment by Mr. Katko to the Amendment in the Nature of a
Substitute (#1U); was AGREED TO by voice vote.
At the end of subtitle A of title I, add a new section entitled
``Sec. 125. Integrated Border Enforcement Teams.''
An amendment by Mr. Ratcliffe to the Amendment in the Nature
of a Substitute (#1V); was AGREED TO by voice vote.
At the end of subtitle A of title I, add a new section entitled
``Sec. 125. Tunnel Task Forces.''
An amendment by Mr. Payne to the Amendment in the Nature of a
Substitute (#1W); was NOT AGREED TO by a recorded vote of 12
yeas and 17 nays, (Roll Call Vote No. 31).
Page 64, beginning line 17, insert the following new subsection
(and redesignate subsequent subsections accordingly): entitled ``(i)
Office of Professional Responsibility Investigators.''
An amendment by Mr. Vela to the Amendment in the Nature of a
Substitute (#1X); was NOT AGREED TO by a recorded vote of 0
yeas, 28 nays, and 1 voting ``Present'', (Roll Call Vote No.
32).
Page 85, line 4, strike ``In addition'' and insert the following:
(a) In General.-In additionPage 85, beginning line 18, insert a new
subsection entitled ``(b) Condition.''
An amendment by Mr. Hurd to the Amendment in the Nature of a
Substitute (#1Y); was AGREED TO by a recorded vote of 17 yeas
and 12 nays, (Roll Call Vote No. 33).
In section 120, insert after subsection (f) a new subsection (and
redesignate subsequent subsections accordingly): entitled ``(g)
Memoranda of Understanding.''
An en bloc amendment by Ms. Jackson Lee to the Amendment in
the Nature of a Substitute (#1Z); was NOT AGREED TO by a
recorded vote of 12 yeas and 17 nays, (Roll Call Vote No. 34).
Consisting of the following amendments:
Insert after section 204 the following (and redesignate subsequent
sections accordingly): a new section entitled ``Sec. 205. Travel
Restrictions.''
Add a new section/ Sect. __ Prohibits Customs and Border
Protection from taking detainees to private detention centers unless
Detention Centers are fully staffed and have adequate resources to meet
the healthcare and dietary needs of those being detained.
An amendment by Ms. McSally to the Amendment in the Nature of
a Substitute (#1AA); was AGREED TO by voice vote.
Add, at the end of section 120(c) of the bill, a new subsection
entitled ``(4) Saving Clause.''
Committee Votes
Clause 3(b) of Rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
The Committee on Homeland Security considered H.R. 3548 on
October 4, 2017, and took the following votes:
ROLL CALL NO. 16
On agreeing to the amendment to the Amendment in the Nature of a Substitute #1A offered by Mr. Thompson of
Mississippi.
Not Agreed to: 10 yeas and 17 nays.
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Representative Yea Nay
----------------------------------------------------------------------------------------------------------------
Mr. McCaul, Chair............................ X Mr. Thompson of Mississippi, Ranking X
Member.
Mr. Smith of Texas........................... Ms. Jackson Lee...................... X
Mr. King of New York......................... X Mr. Langevin......................... X
Mr. Rogers of Alabama........................ X Mr. Richmond.........................
Mr. Duncan of South Carolina................. X Mr. Keating.......................... X
Mr. Barletta................................. X Mr. Payne............................ X
Mr. Perry.................................... X Mr. Vela............................. X
Mr. Katko.................................... X Mrs. Watson Coleman.................. X
Mr. Hurd..................................... X Miss Rice of New York................ X
Ms. McSally.................................. X Mr. Correa........................... X
Mr. Ratcliffe................................ X Mrs. Demings......................... X
Mr. Donovan.................................. X Ms. Barragan.........................
Mr. Gallagher................................ X
Mr. Higgins of Louisiana..................... X
Mr. Rutherford............................... X
Mr. Garrett.................................. X
Mr. Fitzpatrick.............................. X
Mr. Estes.................................... X
-------------
Vote Total: 10 17
----------------------------------------------------------------------------------------------------------------
ROLL CALL NO. 17
On agreeing to the amendment to the Amendment in the Nature of a Substitute #1B offered by Mr. Vela.
Not Agreed to: 0 yeas, 26 nays, and 1 voting ``Present''.
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Representative Yea Nay
----------------------------------------------------------------------------------------------------------------
Mr. McCaul, Chair............................ X Mr. Thompson of Mississippi, Ranking X
Member.
Mr. Smith of Texas........................... Ms. Jackson Lee...................... X
Mr. King of New York......................... X Mr. Langevin......................... X
Mr. Rogers of Alabama........................ X Mr. Richmond.........................
Mr. Duncan of South Carolina................. X Mr. Keating.......................... X
Mr. Barletta................................. X Mr. Payne............................ X
Mr. Perry.................................... X Mr. Vela............................. X
Mr. Katko.................................... X Mrs. Watson Coleman.................. X
Mr. Hurd..................................... X Miss Rice of New York................ X
Ms. McSally.................................. X Mr. Correa........................... X
Mr. Ratcliffe................................ X Mrs. Demings.........................
Mr. Donovan.................................. X Ms. Barragan.........................
Mr. Gallagher................................ X
Mr. Higgins of Louisiana..................... X
Mr. Rutherford............................... X
Mr. Garrett.................................. X
Mr. Fitzpatrick.............................. X
Mr. Estes.................................... X
-------------
Vote Total: 0 26
----------------------------------------------------------------------------------------------------------------
Voting Present, Ms. Demings.
ROLL CALL NO. 18
On agreeing to the amendment to the Amendment in the Nature of a Substitute #1E offered by Mr. Thompson of
Mississippi.
Not Agreed to: 11 yeas and 17 nays.
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Representative Yea Nay
----------------------------------------------------------------------------------------------------------------
Mr. McCaul, Chair............................ X Mr. Thompson of Mississippi, Ranking X
Member.
Mr. Smith of Texas........................... Ms. Jackson Lee...................... X
Mr. King of New York......................... X Mr. Langevin......................... X
Mr. Rogers of Alabama........................ X Mr. Richmond.........................
Mr. Duncan of South Carolina................. X Mr. Keating.......................... X
Mr. Barletta................................. X Mr. Payne............................ X
Mr. Perry.................................... X Mr. Vela............................. X
Mr. Katko.................................... X Mrs. Watson Coleman.................. X
Mr. Hurd..................................... X Miss Rice of New York................ X
Ms. McSally.................................. X Mr. Correa........................... X
Mr. Ratcliffe................................ X Mrs. Demings......................... X
Mr. Donovan.................................. X Ms. Barragan......................... X
Mr. Gallagher................................ X
Mr. Higgins of Louisiana..................... X
Mr. Rutherford............................... X
Mr. Garrett.................................. X
Mr. Fitzpatrick.............................. X
Mr. Estes.................................... X
-------------
Vote Total: 11 17
----------------------------------------------------------------------------------------------------------------
ROLL CALL NO. 19
On agreeing to the amendment to the Amendment in the Nature of a Substitute #1F offered by Mr. Vela.
Not Agreed to: 11 yeas and 17 nays.
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Representative Yea Nay
----------------------------------------------------------------------------------------------------------------
Mr. McCaul, Chair............................ X Mr. Thompson of Mississippi, Ranking X
Member.
Mr. Smith of Texas........................... Ms. Jackson Lee...................... X
Mr. King of New York......................... X Mr. Langevin......................... X
Mr. Rogers of Alabama........................ X Mr. Richmond.........................
Mr. Duncan of South Carolina................. X Mr. Keating.......................... X
Mr. Barletta................................. X Mr. Payne............................ X
Mr. Perry.................................... X Mr. Vela............................. X
Mr. Katko.................................... X Mrs. Watson Coleman.................. X
Mr. Hurd..................................... X Miss Rice of New York................ X
Ms. McSally.................................. X Mr. Correa........................... X
Mr. Ratcliffe................................ X Mrs. Demings......................... X
Mr. Donovan.................................. X Ms. Barragan......................... X
Mr. Gallagher................................ X
Mr. Higgins of Louisiana..................... X
Mr. Rutherford............................... X
Mr. Garrett.................................. X
Mr. Fitzpatrick.............................. X
Mr. Estes.................................... X
-------------
Vote Total: 11 17
----------------------------------------------------------------------------------------------------------------
ROLL CALL NO. 20
On agreeing to the amendment to the Amendment in the Nature of a Substitute #1G offered by Mr. Vela.
Not Agreed to: 11 yeas and 17 nays.
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Representative Yea Nay
----------------------------------------------------------------------------------------------------------------
Mr. McCaul, Chair............................ X Mr. Thompson of Mississippi, Ranking X
Member.
Mr. Smith of Texas........................... Ms. Jackson Lee...................... X
Mr. King of New York......................... X Mr. Langevin......................... X
Mr. Rogers of Alabama........................ X Mr. Richmond.........................
Mr. Duncan of South Carolina................. X Mr. Keating.......................... X
Mr. Barletta................................. X Mr. Payne............................ X
Mr. Perry.................................... X Mr. Vela............................. X
Mr. Katko.................................... X Mrs. Watson Coleman.................. X
Mr. Hurd..................................... X Miss Rice of New York................ X
Ms. McSally.................................. X Mr. Correa........................... X
Mr. Ratcliffe................................ X Mrs. Demings......................... X
Mr. Donovan.................................. X Ms. Barragan......................... X
Mr. Gallagher................................ X
Mr. Higgins of Louisiana..................... X
Mr. Rutherford............................... X
Mr. Garrett.................................. X
Mr. Fitzpatrick.............................. X
Mr. Estes.................................... X
-------------
Vote Total: 11 17
----------------------------------------------------------------------------------------------------------------
ROLL CALL NO. 21
On agreeing to the amendment to the Amendment in the Nature of a Substitute #1H offered by Mr. Vela.
Not Agreed to: 14 yeas and 15 nays.
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Representative Yea Nay
----------------------------------------------------------------------------------------------------------------
Mr. McCaul, Chair............................ X Mr. Thompson of Mississippi, Ranking X
Member.
Mr. Smith of Texas........................... Ms. Jackson Lee...................... X
Mr. King of New York......................... X Mr. Langevin......................... X
Mr. Rogers of Alabama........................ X Mr. Richmond......................... X
Mr. Duncan of South Carolina................. X Mr. Keating.......................... X
Mr. Barletta................................. X Mr. Payne............................ X
Mr. Perry.................................... X Mr. Vela............................. X
Mr. Katko.................................... X Mrs. Watson Coleman.................. X
Mr. Hurd..................................... X Miss Rice of New York................ X
Ms. McSally.................................. X Mr. Correa........................... X
Mr. Ratcliffe................................ X Mrs. Demings......................... X
Mr. Donovan.................................. X Ms. Barragan......................... X
Mr. Gallagher................................ X
Mr. Higgins of Louisiana..................... X
Mr. Rutherford............................... X
Mr. Garrett.................................. X
Mr. Fitzpatrick.............................. X
Mr. Estes.................................... X
-------------
Vote Total: 14 15
----------------------------------------------------------------------------------------------------------------
ROLL CALL NO. 22
On agreeing to the amendment to the Amendment in the Nature of a Substitute #1J offered by Mr. Hurd.
Agreed to: 17 yeas, 11 nays, and 1 voting ``Present''.
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Representative Yea Nay
----------------------------------------------------------------------------------------------------------------
Mr. McCaul, Chair............................ X Mr. Thompson of Mississippi, Ranking X
Member.
Mr. Smith of Texas........................... Ms. Jackson Lee......................
Mr. King of New York......................... X Mr. Langevin......................... X
Mr. Rogers of Alabama........................ X Mr. Richmond......................... X
Mr. Duncan of South Carolina................. X Mr. Keating.......................... X
Mr. Barletta................................. X Mr. Payne............................ X
Mr. Perry.................................... X Mr. Vela............................. X
Mr. Katko.................................... X Mrs. Watson Coleman.................. X
Mr. Hurd..................................... X Miss Rice of New York................ X
Ms. McSally.................................. X Mr. Correa........................... X
Mr. Ratcliffe................................ X Mrs. Demings......................... X
Mr. Donovan.................................. X Ms. Barragan......................... X
Mr. Gallagher................................ X
Mr. Higgins of Louisiana..................... X
Mr. Rutherford............................... X
Mr. Garrett.................................. X
Mr. Fitzpatrick.............................. X
Mr. Estes.................................... X
-------------
Vote Total: 17 11
----------------------------------------------------------------------------------------------------------------
Voting Present, Ms. Jackson Lee.
ROLL CALL NO. 23
On agreeing to the amendment to the Amendment in the Nature of a Substitute #1L offered by Mr. Vela.
Not Agreed to: 12 yeas and 17 nays.
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Representative Yea Nay
----------------------------------------------------------------------------------------------------------------
Mr. McCaul, Chair............................ X Mr. Thompson of Mississippi, Ranking X
Member.
Mr. Smith of Texas........................... Ms. Jackson Lee...................... X
Mr. King of New York......................... X Mr. Langevin......................... X
Mr. Rogers of Alabama........................ X Mr. Richmond......................... X
Mr. Duncan of South Carolina................. X Mr. Keating.......................... X
Mr. Barletta................................. X Mr. Payne............................ X
Mr. Perry.................................... X Mr. Vela............................. X
Mr. Katko.................................... X Mrs. Watson Coleman.................. X
Mr. Hurd..................................... X Miss Rice of New York................ X
Ms. McSally.................................. X Mr. Correa........................... X
Mr. Ratcliffe................................ X Mrs. Demings......................... X
Mr. Donovan.................................. X Ms. Barragan......................... X
Mr. Gallagher................................ X
Mr. Higgins of Louisiana..................... X
Mr. Rutherford............................... X
Mr. Garrett.................................. X
Mr. Fitzpatrick.............................. X
Mr. Estes.................................... X
-------------
Vote Total: 12 17
----------------------------------------------------------------------------------------------------------------
ROLL CALL NO. 24
On agreeing to the amendment to the Amendment in the Nature of a Substitute #1M offered by Miss Rice of New
York.
Not Agreed to: 12 yeas and 17 nays.
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Representative Yea Nay
----------------------------------------------------------------------------------------------------------------
Mr. McCaul, Chair............................ X Mr. Thompson of Mississippi, Ranking X
Member.
Mr. Smith of Texas........................... Ms. Jackson Lee...................... X
Mr. King of New York......................... X Mr. Langevin......................... X
Mr. Rogers of Alabama........................ X Mr. Richmond......................... X
Mr. Duncan of South Carolina................. X Mr. Keating.......................... X
Mr. Barletta................................. X Mr. Payne............................ X
Mr. Perry.................................... X Mr. Vela............................. X
Mr. Katko.................................... X Mrs. Watson Coleman.................. X
Mr. Hurd..................................... X Miss Rice of New York................ X
Ms. McSally.................................. X Mr. Correa........................... X
Mr. Ratcliffe................................ X Mrs. Demings......................... X
Mr. Donovan.................................. X Ms. Barragan......................... X
Mr. Gallagher................................ X
Mr. Higgins of Louisiana..................... X
Mr. Rutherford............................... X
Mr. Garrett.................................. X
Mr. Fitzpatrick.............................. X
Mr. Estes.................................... X
-------------
Vote Total: 12 17
----------------------------------------------------------------------------------------------------------------
ROLL CALL NO. 25
On agreeing to the amendment to the Amendment in the Nature of a Substitute #1N offered by Ms. Jackson Lee.
Not Agreed to: 12 yeas and 17 nays.
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Representative Yea Nay
----------------------------------------------------------------------------------------------------------------
Mr. McCaul, Chair............................ X Mr. Thompson of Mississippi, Ranking X
Member.
Mr. Smith of Texas........................... Ms. Jackson Lee...................... X
Mr. King of New York......................... X Mr. Langevin......................... X
Mr. Rogers of Alabama........................ X Mr. Richmond......................... X
Mr. Duncan of South Carolina................. X Mr. Keating.......................... X
Mr. Barletta................................. X Mr. Payne............................ X
Mr. Perry.................................... X Mr. Vela............................. X
Mr. Katko.................................... X Mrs. Watson Coleman.................. X
Mr. Hurd..................................... X Miss Rice of New York................ X
Ms. McSally.................................. X Mr. Correa........................... X
Mr. Ratcliffe................................ X Mrs. Demings......................... X
Mr. Donovan.................................. X Ms. Barragan......................... X
Mr. Gallagher................................ X
Mr. Higgins of Louisiana..................... X
Mr. Rutherford............................... X
Mr. Garrett.................................. X
Mr. Fitzpatrick.............................. X
Mr. Estes.................................... X
-------------
Vote Total: 12 17
----------------------------------------------------------------------------------------------------------------
ROLL CALL NO. 26
On agreeing to the amendment to the Amendment in the Nature of a Substitute #1O offered by Mr. Thompson of
Mississippi.
Not Agreed to: 12 yeas and 17 nays.
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Representative Yea Nay
----------------------------------------------------------------------------------------------------------------
Mr. McCaul, Chair............................ X Mr. Thompson of Mississippi, Ranking X
Member.
Mr. Smith of Texas........................... Ms. Jackson Lee...................... X
Mr. King of New York......................... X Mr. Langevin......................... X
Mr. Rogers of Alabama........................ X Mr. Richmond......................... X
Mr. Duncan of South Carolina................. X Mr. Keating.......................... X
Mr. Barletta................................. X Mr. Payne............................ X
Mr. Perry.................................... X Mr. Vela............................. X
Mr. Katko.................................... X Mrs. Watson Coleman.................. X
Mr. Hurd..................................... X Miss Rice of New York................ X
Ms. McSally.................................. X Mr. Correa........................... X
Mr. Ratcliffe................................ X Mrs. Demings......................... X
Mr. Donovan.................................. X Ms. Barragan......................... X
Mr. Gallagher................................ X
Mr. Higgins of Louisiana..................... X
Mr. Rutherford............................... X
Mr. Garrett.................................. X
Mr. Fitzpatrick.............................. X
Mr. Estes.................................... X
-------------
Vote Total: 12 17
----------------------------------------------------------------------------------------------------------------
ROLL CALL NO. 27
On agreeing to the amendment to the Amendment in the Nature of a Substitute #1P offered by Mr. Keating.
Not Agreed to: 12 yeas and 17 nays.
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Representative Yea Nay
----------------------------------------------------------------------------------------------------------------
Mr. McCaul, Chair............................ X Mr. Thompson of Mississippi, Ranking X
Member.
Mr. Smith of Texas........................... Ms. Jackson Lee...................... X
Mr. King of New York......................... X Mr. Langevin......................... X
Mr. Rogers of Alabama........................ X Mr. Richmond......................... X
Mr. Duncan of South Carolina................. X Mr. Keating.......................... X
Mr. Barletta................................. X Mr. Payne............................ X
Mr. Perry.................................... X Mr. Vela............................. X
Mr. Katko.................................... X Mrs. Watson Coleman.................. X
Mr. Hurd..................................... X Miss Rice of New York................ X
Ms. McSally.................................. X Mr. Correa........................... X
Mr. Ratcliffe................................ X Mrs. Demings......................... X
Mr. Donovan.................................. X Ms. Barragan......................... X
Mr. Gallagher................................ X
Mr. Higgins of Louisiana..................... X
Mr. Rutherford............................... X
Mr. Garrett.................................. X
Mr. Fitzpatrick.............................. X
Mr. Estes.................................... X
-------------
Vote Total: 12 17
----------------------------------------------------------------------------------------------------------------
ROLL CALL NO. 28
On agreeing to the amendment to the Amendment in the Nature of a Substitute #1R offered by Ms. Barragan
Not Agreed to: 12 yeas and 17 nays.
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Representative Yea Nay
----------------------------------------------------------------------------------------------------------------
Mr. McCaul, Chair............................ X Mr. Thompson of Mississippi, Ranking X
Member.
Mr. Smith of Texas........................... Ms. Jackson Lee...................... X
Mr. King of New York......................... X Mr. Langevin......................... X
Mr. Rogers of Alabama........................ X Mr. Richmond......................... X
Mr. Duncan of South Carolina................. X Mr. Keating.......................... X
Mr. Barletta................................. X Mr. Payne............................ X
Mr. Perry.................................... X Mr. Vela............................. X
Mr. Katko.................................... X Mrs. Watson Coleman.................. X
Mr. Hurd..................................... X Miss Rice of New York................ X
Ms. McSally.................................. X Mr. Correa........................... X
Mr. Ratcliffe................................ X Mrs. Demings......................... X
Mr. Donovan.................................. X Ms. Barragan......................... X
Mr. Gallagher................................ X
Mr. Higgins of Louisiana..................... X
Mr. Rutherford............................... X
Mr. Garrett.................................. X
Mr. Fitzpatrick.............................. X
Mr. Estes.................................... X
-------------
Vote Total: 12 17
----------------------------------------------------------------------------------------------------------------
ROLL CALL NO. 29
On agreeing to the amendment to the Amendment in the Nature of a Substitute #1S offered by Ms. Jackson Lee
Not Agreed to: 12 yeas and 17 nays.
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Representative Yea Nay
----------------------------------------------------------------------------------------------------------------
Mr. McCaul, Chair............................ X Mr. Thompson of Mississippi, Ranking X
Member.
Mr. Smith of Texas........................... Ms. Jackson Lee...................... X
Mr. King of New York......................... X Mr. Langevin......................... X
Mr. Rogers of Alabama........................ X Mr. Richmond......................... X
Mr. Duncan of South Carolina................. X Mr. Keating.......................... X
Mr. Barletta................................. X Mr. Payne............................ X
Mr. Perry.................................... X Mr. Vela............................. X
Mr. Katko.................................... X Mrs. Watson Coleman.................. X
Mr. Hurd..................................... X Miss Rice of New York................ X
Ms. McSally.................................. X Mr. Correa........................... X
Mr. Ratcliffe................................ X Mrs. Demings......................... X
Mr. Donovan.................................. X Ms. Barragan......................... X
Mr. Gallagher................................ X
Mr. Higgins of Louisiana..................... X
Mr. Rutherford............................... X
Mr. Garrett.................................. X
Mr. Fitzpatrick.............................. X
Mr. Estes.................................... X
-------------
Vote Total: 12 17
----------------------------------------------------------------------------------------------------------------
ROLL CALL NO. 30
On agreeing to the amendment to the Amendment in the Nature of a Substitute #1T offered by Mr. Langevin
Not Agreed to: 12 yeas and 17 nays.
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Representative Yea Nay
----------------------------------------------------------------------------------------------------------------
Mr. McCaul, Chair............................ X Mr. Thompson of Mississippi, Ranking X
Member.
Mr. Smith of Texas........................... Ms. Jackson Lee...................... X
Mr. King of New York......................... X Mr. Langevin......................... X
Mr. Rogers of Alabama........................ X Mr. Richmond......................... X
Mr. Duncan of South Carolina................. X Mr. Keating.......................... X
Mr. Barletta................................. X Mr. Payne............................ X
Mr. Perry.................................... X Mr. Vela............................. X
Mr. Katko.................................... X Mrs. Watson Coleman.................. X
Mr. Hurd..................................... X Miss Rice of New York................ X
Ms. McSally.................................. X Mr. Correa........................... X
Mr. Ratcliffe................................ X Mrs. Demings......................... X
Mr. Donovan.................................. X Ms. Barragan......................... X
Mr. Gallagher................................ X
Mr. Higgins of Louisiana..................... X
Mr. Rutherford............................... X
Mr. Garrett.................................. X
Mr. Fitzpatrick.............................. X
Mr. Estes.................................... X
-------------
Vote Total: 12 17
----------------------------------------------------------------------------------------------------------------
ROLL CALL NO. 31
On agreeing to the amendment to the Amendment in the Nature of a Substitute #1W offered by Mr. Payne
Not Agreed to: 12 yeas and 17 nays.
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Representative Yea Nay
----------------------------------------------------------------------------------------------------------------
Mr. McCaul, Chair............................ X Mr. Thompson of Mississippi, Ranking X
Member.
Mr. Smith of Texas........................... Ms. Jackson Lee...................... X
Mr. King of New York......................... X Mr. Langevin......................... X
Mr. Rogers of Alabama........................ X Mr. Richmond......................... X
Mr. Duncan of South Carolina................. X Mr. Keating.......................... X
Mr. Barletta................................. X Mr. Payne............................ X
Mr. Perry.................................... X Mr. Vela............................. X
Mr. Katko.................................... X Mrs. Watson Coleman.................. X
Mr. Hurd..................................... X Miss Rice of New York................ X
Ms. McSally.................................. X Mr. Correa........................... X
Mr. Ratcliffe................................ X Mrs. Demings......................... X
Mr. Donovan.................................. X Ms. Barragan......................... X
Mr. Gallagher................................ X
Mr. Higgins of Louisiana..................... X
Mr. Rutherford............................... X
Mr. Garrett.................................. X
Mr. Fitzpatrick.............................. X
Mr. Estes.................................... X
-------------
Vote Total: 12 17
----------------------------------------------------------------------------------------------------------------
ROLL CALL NO. 32
On agreeing to the amendment to the Amendment in the Nature of a Substitute #1X offered by Mr. Vela.
Not Agreed to: 0 yeas, 28 nays, and 1 voting ``Present''.
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Representative Yea Nay
----------------------------------------------------------------------------------------------------------------
Mr. McCaul, Chair............................ X Mr. Thompson of Mississippi, Ranking X
Member.
Mr. Smith of Texas........................... Ms. Jackson Lee...................... X
Mr. King of New York......................... X Mr. Langevin......................... X
Mr. Rogers of Alabama........................ X Mr. Richmond......................... X
Mr. Duncan of South Carolina................. X Mr. Keating.......................... X
Mr. Barletta................................. X Mr. Payne............................ X
Mr. Perry.................................... X Mr. Vela............................. X
Mr. Katko.................................... X Mrs. Watson Coleman.................. X
Mr. Hurd..................................... X Miss Rice of New York................ X
Ms. McSally.................................. X Mr. Correa........................... X
Mr. Ratcliffe................................ X Mrs. Demings.........................
Mr. Donovan.................................. X Ms. Barragan......................... X
Mr. Gallagher................................ X
Mr. Higgins of Louisiana..................... X
Mr. Rutherford............................... X
Mr. Garrett.................................. X
Mr. Fitzpatrick.............................. X
Mr. Estes.................................... X
-------------
Vote Total: 0 28
----------------------------------------------------------------------------------------------------------------
Voting Present, Ms. Demings.
ROLL CALL NO. 33
On agreeing to the amendment to the Amendment in the Nature of a Substitute #1Y offered by Mr. Hurd.
Agreed to: 17 yeas and 12 nays.
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Representative Yea Nay
----------------------------------------------------------------------------------------------------------------
Mr. McCaul, Chair............................ X Mr. Thompson of Mississippi, Ranking X
Member.
Mr. Smith of Texas........................... Ms. Jackson Lee...................... X
Mr. King of New York......................... X Mr. Langevin......................... X
Mr. Rogers of Alabama........................ X Mr. Richmond......................... X
Mr. Duncan of South Carolina................. X Mr. Keating.......................... X
Mr. Barletta................................. X Mr. Payne............................ X
Mr. Perry.................................... X Mr. Vela............................. X
Mr. Katko.................................... X Mrs. Watson Coleman.................. X
Mr. Hurd..................................... X Miss Rice of New York................ X
Ms. McSally.................................. X Mr. Correa........................... X
Mr. Ratcliffe................................ X Mrs. Demings......................... X
Mr. Donovan.................................. X Ms. Barragan......................... X
Mr. Gallagher................................ X
Mr. Higgins of Louisiana..................... X
Mr. Rutherford............................... X
Mr. Garrett.................................. X
Mr. Fitzpatrick.............................. X
Mr. Estes.................................... X
-------------
Vote Total: 17 12
----------------------------------------------------------------------------------------------------------------
ROLL CALL NO. 34
On agreeing to the amendment to the Amendment in the Nature of a Substitute #1Z offered by Ms. Jackson Lee
Not Agreed to: 12 yeas and 17 nays.
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Representative Yea Nay
----------------------------------------------------------------------------------------------------------------
Mr. McCaul, Chair............................ X Mr. Thompson of Mississippi, Ranking X
Member.
Mr. Smith of Texas........................... Ms. Jackson Lee...................... X
Mr. King of New York......................... X Mr. Langevin......................... X
Mr. Rogers of Alabama........................ X Mr. Richmond......................... X
Mr. Duncan of South Carolina................. X Mr. Keating.......................... X
Mr. Barletta................................. X Mr. Payne............................ X
Mr. Perry.................................... X Mr. Vela............................. X
Mr. Katko.................................... X Mrs. Watson Coleman.................. X
Mr. Hurd..................................... X Miss Rice of New York................ X
Ms. McSally.................................. X Mr. Correa........................... X
Mr. Ratcliffe................................ X Mrs. Demings......................... X
Mr. Donovan.................................. X Ms. Barragan......................... X
Mr. Gallagher................................ X
Mr. Higgins of Louisiana..................... X
Mr. Rutherford............................... X
Mr. Garrett.................................. X
Mr. Fitzpatrick.............................. X
Mr. Estes.................................... X
-------------
Vote Total: 12 17
----------------------------------------------------------------------------------------------------------------
ROLL CALL NO. 35
On agreeing to the Amendment in the Nature of a Substitute #1 offered by Mr. McCaul, as amended.
Agreed to: 17 yeas and 12 nays.
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Representative Yea Nay
----------------------------------------------------------------------------------------------------------------
Mr. McCaul, Chair............................ X Mr. Thompson of Mississippi, Ranking X
Member.
Mr. Smith of Texas........................... Ms. Jackson Lee...................... X
Mr. King of New York......................... X Mr. Langevin......................... X
Mr. Rogers of Alabama........................ X Mr. Richmond......................... X
Mr. Duncan of South Carolina................. X Mr. Keating.......................... X
Mr. Barletta................................. X Mr. Payne............................ X
Mr. Perry.................................... X Mr. Vela............................. X
Mr. Katko.................................... X Mrs. Watson Coleman.................. X
Mr. Hurd..................................... X Miss Rice of New York................ X
Ms. McSally.................................. X Mr. Correa........................... X
Mr. Ratcliffe................................ X Mrs. Demings......................... X
Mr. Donovan.................................. X Ms. Barragan......................... X
Mr. Gallagher................................ X
Mr. Higgins of Louisiana..................... X
Mr. Rutherford............................... X
Mr. Garrett.................................. X
Mr. Fitzpatrick.............................. X
Mr. Estes.................................... X
-------------
Vote Total: 17 12
----------------------------------------------------------------------------------------------------------------
ROLL CALL NO. 36
On ordering H.R. 3548 to be reported to the House of Representatives with a favorable recommendation, as
amended.
Agreed to: 18 yeas and 12 nays.
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Representative Yea Nay
----------------------------------------------------------------------------------------------------------------
Mr. McCaul, Chair............................ X Mr. Thompson of Mississippi, Ranking X
Member.
Mr. Smith of Texas........................... X Ms. Jackson Lee...................... X
Mr. King of New York......................... X Mr. Langevin......................... X
Mr. Rogers of Alabama........................ X Mr. Richmond......................... X
Mr. Duncan of South Carolina................. X Mr. Keating.......................... X
Mr. Barletta................................. X Mr. Payne............................ X
Mr. Perry.................................... X Mr. Vela............................. X
Mr. Katko.................................... X Mrs. Watson Coleman.................. X
Mr. Hurd..................................... X Miss Rice of New York................ X
Ms. McSally.................................. X Mr. Correa........................... X
Mr. Ratcliffe................................ X Mrs. Demings......................... X
Mr. Donovan.................................. X Ms. Barragan......................... X
Mr. Gallagher................................ X
Mr. Higgins of Louisiana..................... X
Mr. Rutherford............................... X
Mr. Garrett.................................. X
Mr. Fitzpatrick.............................. X
Mr. Estes.................................... X
-------------
Vote Total: 18 12
----------------------------------------------------------------------------------------------------------------
Committee Oversight Findings
Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of Rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
3548, the Border Security for America Act of 2017, would result
in no new or increased budget authority, entitlement authority,
or tax expenditures or revenues.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of Rule XIII of the Rules of the
House of Representatives, a cost estimate provided by the
Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974 was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the
House of Representatives, H.R. 3548 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
The general performance goals and objectives of H.R. 3548
are to gain full situational awareness and operational control
of the borders of the United States through the deployment of
physical infrastructure, technology, and personnel, as well as
leveraging partnerships between various Federal, State, and
local entities.
Duplicative Federal Programs
Pursuant to clause 3(c) of Rule XIII, the Committee finds
that H.R. 3548 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with Rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the Rule
XXI.
Federal Mandates Statement
An estimate of Federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
Preemption Clarification
In compliance with section 423 of the Congressional Budget
Act of 1974, requiring the report of any Committee on a bill or
joint resolution to include a statement on the extent to which
the bill or joint resolution is intended to preempt State,
local, or Tribal law, the Committee finds that, while H.R. 3548
does not mandate the preemption of any State, local, or Tribal
law, the Secretary of Homeland Security may, in accordance with
subsection (c) of Section 102 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (Division C of Pub. L.
104-208), as amended by this act, waive ``all legal
requirements . . . to ensure the expeditious construction,
installation, operation, and maintenance of the tactical
infrastructure and technology[.]''
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 3548 would require no
directed rule makings.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short Title.
This section provides that this bill may be cited as the
``Border Security for America Act of 2017''.
TITLE I--Border Security
Sec. 101. Definitions.
This section sets forth the definitions of key terms as
used in the bill.
Subtitle A--Infrastructure and Equipment
Sec. 111. Strengthening the requirements for barriers along the
southern border.
This section authorizes the construction of tactical
infrastructure and technology along the border where the
Secretary of Homeland Security deems it ``most practical and
effective'' to achieve situational awareness and operational
control of the border.
The Committee believes that physical barriers are a
critical element to U.S. Customs and Border Protection's (CBP)
border security strategy and, as a result, chose to modify
existing law to enable the Secretary to deploy such barriers
where ``most practical and effective'' along the southern
border. The Committee included a parallel provision that allows
the deployment of technology for the same purposes due to the
fact that, in some areas of the border, physical barriers may
not be the most effective solution. To that end, the Committee
provided an exception for this authority in areas of the border
where natural terrain features or the remoteness of such area
make barriers ineffective. When drafting this section, the
Committee had the Boquillas Canyon in Texas, and other nearly
impassable terrain in mind.
Sec. 112. Air and Marine Operations flight hours.
This section requires the Department of Homeland Security
to increase the number of annual flight hours of CBP's Air and
Marine Operations and requires the Executive Assistant
Commissioner for Air and Marine Operations to prioritize
requests for support from the Chief of the U.S. Border Patrol.
The Committee remains greatly unsatisfied with the status
quo as it relates to the level of support that the office of
Air and Marine Operations (AMO) provides to the U.S. Border
Patrol. While the Committee fully understands that there will
be a gap between the funded flight hours and true operational
need, the Committee believes that AMO is not currently in a
position to make adequate progress to close that gap.
Therefore, the Committee is left with little choice but to
provide the U.S. Border Patrol the ability to contract with air
support providers to fly mission critical hours. Moreover, the
legislation provides the Chief of the U.S. Border Patrol with
exclusive authority over the small Unmanned Aerial Vehicle
(UAV) program for the very same reason. The Committee strongly
encourages close cooperation with the Federal Aviation
Administration and the Executive Assistant Commissioner for Air
and Marine to ensure the safe flying of these vehicles and
deconfliction with other CBP Air and Marine Aircraft.
Sec. 113. Capability deployment to specific sectors and transit zone.
This section requires DHS to deploy additional
infrastructure, surveillance and detection technologies in
specific sectors of the U.S. Border Patrol along the northern
and southern border.
The Committee believes that each of our international
borders come with a unique set of geographical challenges,
including diverse and ever-changing threat landscapes. The
deployment of infrastructure and technologies must be nuanced.
In drafting this bill, the Committee used a sector-by-sector
technology approach to border security tailored to the specific
threats and needs of each Border Patrol sector. The Committee
worked this list of capabilities extensively with both CBP and
DHS to ensure that the technology requirements fit the needs of
the operators on the ground. However, the Committee is
cognizant of the changing nature of the threat landscape along
the border and was purposeful in its grant of tactical
flexibility to the Secretary of Homeland Security to alter the
requirements outlined in the bill.
Additionally, the Committee also believes that the
Department should explore a consortium acquisition strategy as
a means to accelerate the acquisition of the technology called
for in this section
Sec. 114. U.S. Border Patrol physical infrastructure improvements.
This section requires DHS to construct and upgrade existing
physical infrastructure and to acquire additional facilities.
The Committee believes that existing physical
infrastructure in many stations and checkpoints along the
southern border are in dire need of repair and replacement. The
Committee encourages the Department to invest significant
resources to ensure that the men and women of CBP have adequate
conditions as they work to secure the border.
Sec. 115. U.S. Border Patrol activities.
This section requires the Chief of the Border Patrol to
direct agents to patrol as close to the border as possible.
The Committee strongly believes that the U.S. Border
Patrol's current defense-in-depth strategy is flawed, and
unduly endangers Americans who live at or near the border.
Ceding sovereign U.S. territory to drug cartels and others who
would do us harm is unacceptable. The Committee strongly
encourages the Chief of the Border Patrol to re-evaluate that
strategy and replace it with one that prioritizes the
deployment of the overwhelming majority of agents to the
border. The Committee neither intends nor encourages the
deployment of agents to sit on a fixed location on the border,
or in a ``hands across the border'' posture. Instead, the
Committee believes that if agents are regularly patrolling
along or near the border, American lives and property will be
better protected. The Committee fully understands that terrain
and access is often an impediment to patrolling along the
border and has purposefully provided a narrowly tailored
exception to the deployment of agents on those grounds.
Sec. 116. Border security technology program management.
This section requires DHS to document approved baselines,
costs, schedules, performance thresholds, and compliance with
the Federal Acquisition Regulation Guidelines for its major
border security technology acquisition programs that have life-
cycle costs of $300 million or more. Also, it directs DHS to
submit a testing and evaluation plan and to use independent
verification for new border security technologies.
The Committee believes that while this bill lays out an
aggressive timeline for the acquisition of technology and
infrastructure, it must be done in a way that eisely and
efficiently spends taxpayer dollars. Prior border technology
and infrastructure projects experienced significant cost
overruns and mismanagement. As border security acquisitions
move forward, the Committee believes that acquisition must
follow the highest standards and ensure the judicious use of
tax dollars.
Sec. 117. National Guard support to secure the southern border and
reimbursement of States for deployment of the National Guard at
the southern border.
This section authorizes the Governors of southern border
States to deploy units of the National Guard to assist CBP in
securing the border. It also directs the Department of Defense
(DoD) to reimburse southern border States for the costs of
deployment of units and personnel to assist with border
security activities. Additionally, this section authorizes up
to $35 million for such reimbursements.
The Committee believes that the National Guard is a highly
effective force multiplier to law enforcement officers and
agents on the ground, particularly during the time it will take
to assign additional agents, infrastructure, and technology to
the border in the course of implementing this Act. The
Committee also believes that securing the border is the
responsibility of the Federal Government, and that while a
State's National Guard would be a welcome force multiplier, the
State should not be held financially responsible for its
voluntary contribution to Federal border security efforts.
Sec. 118. Operation Phalanx.
This section reauthorizes the Department of Defense to
deploy regular and reserve groups of the Armed Forces to
support CBP in securing the border. It authorizes up to $75
million for this program.
The Committee believes that Operation Phalanx is highly
successful at providing DoD capabilities to Border Patrol
agents on the ground, particularly the DoD and Army National
Guard's extensive aerial surveillance support under this
program. The Committee believes this Operation should remain
fully funded in order to leverage the manpower and capabilities
of DoD and provide said capabilities to CBP in their effort to
secure our borders. Additionally, the Committee believes that
support for Operation Phalanx should not come exclusively from
Army National Guard units in border States.
Sec. 119. Merida Initiative.
This section reauthorizes the Merida Initiative through
Fiscal Year and requires DHS to evaluate and report on the
effectiveness of the initiative within 120 days of the date of
enactment of this Act. It also requires DHS to make
recommendations on how to enhance law enforcement efforts with
Mexico and submit a report to Congress within 120 days of the
date of enactment.
The Committee believes that Mexico is a critical partner in
securing our southern border. Border security efforts must not
start at our front door, but rather as far south as possible to
stop threats before they reach the southern border of the
United States. The Committee believes that capacity building
with Mexican counterparts should continue under the Merida
Initiative, but with appropriate congressional oversight to
ensure that U.S. taxpayer dollars are achieving their stated
performance goals. The Committee believes that law enforcement
cooperation with Mexican partners should increase where
possible and looks forward to DHS recommendations.
Sec. 120. Prohibitions on actions that impede border security on
certain Federal land.
This section prohibits the Department of the Interior or
Department of Agriculture from impeding, prohibiting, or
restricting CBP activities on Federal lands located within 100
miles of the southern border to execute search and rescue
operations, and to prevent all unlawful entries into the United
States.
The Committee is concerned that Border Patrol agents have
difficulty accessing Federal land under the purview of the
Secretary of the Interior and Secretary of Agriculture
hindering their ability to complete their mission. The
Committee believes that the U.S. Border Patrol must have
unimpeded access to and along the border in order to
effectively complete its mission. Additionally, the Committee
has no desire to disturb existing Memoranda of Understanding
agreed to between CBP a U.S. National Park, provided that such
Memoranda provides the Border Patrol a suitable level of
access.
Sec. 121. Landowner and rancher security enhancement.
This section establishes a National Border Security
Advisory Committee to consult with the Secretary on border
security issues.
The Committee believes that ranchers and landowners along
the border are disproportionaly affected by cartel activities
in their communities. Additionally, ranchers and landowners
often allow the Border Patrol to access their private land to
complete their mission or lease land to the Federal Government
for the construction of technology or infrastructure. The
Committee believes that ranchers and landowners near the border
must have a formal mechanism to have their voices heard, both
as it relates to violence in their communities and to their
partnerships with the U.S. Border Patrol and the Federal
Government.
Sec. 122. Eradication of carrizo cane and salt cedar.
This section directs DHS to coordinate with Federal and
State authorities and, within 90 days, begin eradicating
Carrizo Cane and Salt Cedar along the Rio Grande River.
Carrizo Cane and Salt Cedar provide one of the greatest
tactical challenges to the detection of illicit activity along
the Rio Grande River. Due to the vegetation's thickness, Border
Patrol agents cannot detect threats until they are either on
the bank of the river, or in the water. The Committee believes
that, in order to increase the detection of illegal activity
farther from the physical border, and in order to protect agent
safety, Carrizo Cane and Salt Cedar must be eradicated along
the Rio Grande River.
Sec. 123. Southern border threat analysis.
This section requires the Secretary of DHS to develop a
Southern Border Threat Analysis that assesses the current State
of border security and identifies necessary improvements to
secure the border.
The Committee believes that DHS should complete a
comprehensive strategy to secure the border in order to inform
the Department's own efforts to gain situational awareness and
operational control as well as help inform future border
security spending.
To that end, the Committee recommends the threat analysis
required in this section include a cohesive concept of
operations that aligns with the goals of this bill--situational
awareness and operational control. Therefore, the Committee
expects the Border Patrol and the Department of Homeland
Security to first assess existing tactical capabilities,
identify existing gaps and then use an analysis of alternatives
to address identified gaps.
Sec. 124. Amendments to U.S. Customs and Border Protection.
This section makes a series of technical and conforming
edits to CBP and preclearance authorizations that currently
exist in law.
Sec. 125. Agent and officer technology use.
This section requires the Secretary of Homeland Security to
ensure that technology is provided to front-line agents and
officers.
The Committee believes that technology should not be solely
concentrated at command and operations centers, but should be
provided directly to the law enforcement officers and agents on
the ground in order to stop illegal border activity more
effectively.
Sec. 126. Integrated Border Enforcement Teams.
This section establishes the Integrated Border Enforcement
Team (IBET) program, which is designed to detect, prevent,
investigate, and respond to terrorism and violations of law
related to border security principally along the northern
border.
The Committee believes that partnership between Federal,
State, local, and foreign partners is critical to securing our
borders. By establishing a formal mechanism for information
sharing and cooperation to occur, the Committee believes that
duplication of efforts between agencies will decrease and the
detection of illegal activity will be more effective. The
Committee is particularly concerned about illegal activity on
the much less patrolled northern border, and sees IBETs as a
way to leverage scarce resources.
Sec. 127. Tunnel Task Forces.
This section establishes the Tunnel Task Force program
within the Department. The Tunnel Task Force leads the
Department's efforts in investigating and remediating the
threat posed by cross-border tunnels.
The Committee believes that cross border underground
tunnels pose a grave risk to national security, and allows
cross border illegal activity to occur at a much higher rate.
Due to the threat posed by cross border tunnels, a dedicated
Task Force, led by U.S. Immigration and Customs Enforcement's
Homeland Security Investigations should be established in law
to locate and remediate them.
Subtitle B--Personnel
Sec. 131. Additional U.S. Customs and Border Protection agents and
officers.
This section directs DHS to hire, train, and assign 26,370
Border Patrol agents and 27,725 Customs Officers. This
represents an increase of 5,000 agents and officers in each
category.
The Committee believes a robust work force is a key aspect
in securing the U.S. borders.
With the hiring, training, and assigning of additional
personnel along the borders, the Committee believes CBP will
increase their ability to stop the flow of illegal immigration
and drug smuggling. Additional personnel within this section
include: U.S. Border Patrol agents, CBP officers, CBP K-9 units
and handlers, Horseback Units, Agricultural Specialists, and
other specialized units.
Sec. 132. U.S. Customs and Border Protection retention incentives.
This section authorizes recruitment and retention bonuses
and special pay for new CBP officers assigned to remote and
hard-to-fill locations.
The Committee believes that in order to attract the best
and brightest work force, the Department must offer appropriate
incentives to both retain and attract qualified law enforcement
personnel.
Sec. 133. Anti-Border Corruption Reauthorization Act.
This section authorizes the Commissioner of CBP to waive
the polygraph examination required of CBP applicants in three,
narrowly tailored circumstances. Eligible individuals include
current State and local law enforcement officers who have
already passed a polygraph examination, Federal law enforcement
officers who have already passed a stringent background
investigation, and veterans with at least three consecutive
years in the military who have held a clearance and passed a
background check.
The Committee believes that this streamlined approach in
hiring law enforcement officers and select military members
will support CBP's efforts to fill current and future vacancies
in an expeditious manner while maintaining hiring standards.
Sec. 134. Training for officers and agents of U.S. Customs and Border
Protection.
This section requires agents and officers to undergo 21
weeks of mandatory training and provides additional training
for first and second line supervisors.
Agents and officers of U.S. Customs and Border Protection
have perform a difficult job every day. The Committee believes
that it is CBP's responsibility to ensure that they are
properly trained and equipped with the skills they will need to
be successful. Additional training will ensure that agents can
are confident in their ability to track down groups of drug
traffickers, provide them additional time to become proficient
in a foreign language, and reduce the likelihood that
misconduct will occur.
Further, this section requires CBP to establish formal
leadership training for first and second line supervisors to
ensure that they know how to properly manage and supervise
subordinates. These basic leadership courses are required in
most professional organizations, such as the military, and
should be likewise be required of the U.S. Customs and Border
Protection.
Subtitle C--Grants
Sec. 141. Operation Stonegarden.
This section authorizes $110 million to increase
coordination and collaboration between CBP and State, county,
Tribal, and other governmental law enforcement entities that
support border security operations.
The Committee believes that State, county, Tribal and other
governmental law enforcement entities are vital partners in
securing the homeland. These funds will assist in the
procurement of necessary equipment to secure the border and may
be used to pay for personnel expenses incurred by partner
agencies.
Subtitle D-Authorization of Appropriations
Sec. 151. Authorization of appropriations.
This section authorizes $10 billion over 4 years to cover
costs for implementation of the Act.
TITLE II-Emergency Port of Entry Personnel and Infrastructure Funding
Sec. 201. Ports of entry infrastructure.
This section requires DHS to expand vehicle, cargo, and
pedestrian inspection lanes at ports of entry on the southern
border through additional primary and secondary inspection
lanes.
The Committee believes that in carrying out the authority
granted in subsection (a), the Secretary should assign high
priority to the construction of new ports of entry to replace
older ports of entry that no longer meet CBP security
standards, which would substantially increase the flow of
commerce. Moreover, the Committee strongly believes that the
Secretary should carefully consider the potential economic
impacts to local communities when constructing a new port of
entry.
Construction of new ports of entry is a timely and costly
endeavor and the Committee believes that, to the degree
practicable, the Secretary should first consider modernization
and expansion before considering new construction.
Sec. 202. Secure communications.
This section requires DHS to provide all CBP agents and
officers with secure communications equipment to streamline
communication. In addition, this section requires DHS to
provide multi-band, encrypted radios to agents or officers for
communications between ports of entry and for those required to
patrol on foot, by horseback, with canine units, or in other
remote mission-critical locations.
The Committee supports the use of Long-Term Evolution (LTE)
in providing communications along the border. This section
requires the use of LTE along the border, but the Committee is
fully aware that LTE coverage along the border is limited,
especially in some of the rural and remote areas of the border.
For that reason, the Committee requires LTE capable radios, or
other devices only where it enhances communications and is cost
effective.
The Committee recognizes the developing role of LTE and the
significant investments in LMR along the border to provide
secure communications. When operationally feasible, LTE shall
be deployed to compliment or enhance LMR's capability, with the
goal of improving agent and officer safety. The LTE capability
requirement in this section can be fulfilled by having LTE
capability built into a radio or through another device.
The Committee strongly believes that providing secure,
encrypted communications is an officer and agent safety issue
that must be prioritized by the Department.
Sec. 203. Border security deployment program.
This section funds and expands the border surveillance and
intrusion technology program at the Nation's ports of entry.
The Committee believes that modern technology is a key
force multiplier to securing the border. Ports of entry are an
often-overlooked element in securing our border, and greater
emphasis must be put on updating technology at ports of entry,
as well as between them, on the border.
Sec. 204. Pilot and upgrade of license plate readers at ports of
entry.
This section requires an upgrade of existing license plate
readers used on incoming and outgoing vehicle lanes along the
northern and southern borders. This section also authorizes CBP
to conduct a 6-month pilot on the southern border that utilizes
license plate readers in all cargo processing lanes to
determine their effectiveness in reducing cross-border wait
times for commercial traffic and tractor-trailers.
The Committee believes that moving cargo and vehicles
expeditiously through ports of entry is critical to our
economy. However, moving cargo quickly cannot jeopardize our
national security. Updating license plate readers will allow
vehicles to proceed across the border more rapidly, and
expanding the use of this proven technology will increase cargo
security efforts at our ports of entry.
Sec. 205. Non-intrusive inspection operational demonstration.
This section requires the deployment of a high throughput
non-intrusive passenger vehicle inspection system at not fewer
than three land ports of entry along the southern border.
The Committee believes that all passenger vehicles should
undergo Non-Intrusive Imaging, as a large amount of smuggling
occurs in passenger vehicles, and believes that high-throughput
inspection has the potential to increase both security and the
flow of commerce at the Nation's ports of entry.
Sec. 206. Biometric exit data system.
This section directs DHS to complete and implement a
biometric exit system at all air, land, and sea ports of entry.
A mandate to electronically track entries and exits from
the country has been in place for more than 20 years, and a
mandate for a biometric-based entry-exit system has been a
statutory requirement for 12 years.
The Committee added this provision to provide DHS with a
roadmap for success and, for the first time in statute, would
provide definitive timelines for the execution of a biometric
exit system.
Sec. 207. Sense of Congress on cooperation between agencies.
This section expresses the sense of Congress that the lack
of certified inspection personnel at ports of entry should be
addressed by seeking cooperation between agencies through a
Memorandum of Understanding (MOU) or certification process, and
that agents should be authorized for additional hours to
facilitate the crossing and trade of perishable goods.
The Committee believes that CBP should leverage MOUs and
cross-certification to combat a shortage of inspectors required
for cross-border agricultural trade.
Sec. 208. Authorization of appropriations.
This section authorizes $5 billion over 4 years to carry
out staffing increases and infrastructure improvements.
Sec. 209. Definition.
This section defines the term ``secretary'' to mean the
Secretary of Homeland Security.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
ILLEGAL IMMIGRATION REFORM AND IMMIGRANT RESPONSIBILITY ACT OF 1996
* * * * * * *
TITLE I--IMPROVEMENTS TO BORDER CONTROL, FACILITATION OF LEGAL ENTRY,
AND INTERIOR ENFORCEMENT
Subtitle A--Improved Enforcement at the Border
* * * * * * *
SEC. 102. IMPROVEMENT OF BARRIERS AT
BORDER.
[(a) In General.--The Secretary of Homeland Security shall
take such actions as may be necessary to install additional
physical barriers and roads (including the removal of obstacles
to detection of illegal entrants) in the vicinity of the United
States border to deter illegal crossings in areas of high
illegal entry into the United States.]
(a) In General.--The Secretary of Homeland Security shall
take such actions as may be necessary (including the removal of
obstacles to detection of illegal entrants) to construct,
install, deploy, operate, and maintain tactical infrastructure
and technology in the vicinity of the United States border to
achieve situational awareness and operational control of the
border and deter, impede, and detect illegal activity in high
traffic areas.
(b) Construction of [Fencing] Physical Barriers and Road
Improvements Along the Border.--
(1) Additional fencing along southwest border.--
(A) Reinforced fencing.--In carrying out
subsection (a), the Secretary of Homeland
Security shall construct reinforced fencing
along not less than 700 miles of the southwest
border where fencing would be most practical
and effective and provide for the installation
of additional physical barriers, roads,
lighting, cameras, and sensors to gain
situational awareness and operational control
of the southwest border.
[(B) Priority areas.--In carrying out this
section, the Secretary of Homeland Security
shall--
[(i) identify the 370 miles, or other
mileage determined by the Secretary,
whose authority to determine other
mileage shall expire on December 31,
2008, along the southwest border where
fencing would be most practical and
effective in deterring smugglers and
aliens attempting to gain illegal entry
into the United States; and
[(ii) not later than December 31,
2008, complete construction of
reinforced fencing along the miles
identified under clause (i).]
(B) Tactical infrastructure.--
(i) In general.--Not later than
January 20, 2021, the Secretary of
Homeland Security, in carrying out
subsection (a), shall deploy along the
United States border the most practical
and effective tactical infrastructure
available for achieving situational
awareness and operational control of
the border.
(ii) Exception for certain tactical
infrastructure.--The deployment of
tactical infrastructure under this
subparagraph shall not apply in areas
along the border where natural terrain
features, natural barriers, or the
remoteness of such area would make
deployment ineffective, as determined
by the Secretary, for the purposes of
gaining situational awareness or
operational control of such areas.
(C) Consultation.--
[(i) In general.--In carrying out
this section, the Secretary of Homeland
Security shall consult with the
Secretary of the Interior, the
Secretary of Agriculture, States, local
governments, Indian tribes, and
property owners in the United States to
minimize the impact on the environment,
culture, commerce, and quality of life
for the communities and residents
located near the sites at which such
fencing is to be constructed.]
(i) In general.--In carrying out this
section, the Secretary of Homeland
Security shall, before deploying
tactical infrastructure in a specific
area or region, consult with the
Secretary of the Interior, the
Secretary of Agriculture, the Governors
for each State on the southern land
border and northern land border, other
States, local governments, Indian
tribes, representatives of the U.S.
Border Patrol and U.S. Customs and
Border Protection, relevant Federal,
State, local, and tribal agencies that
have jurisdiction on the southern land
border or in the maritime environment
along the southern border, and private
property owners in the United States to
minimize the impact on the environment,
culture, commerce, quality of life for
the communities and residents located
near the sites at which physical
barriers, tactical infrastructure, and
technology are to be constructed.
(ii) Notification.--Not later than 60
days after the consultation required
under clause (i), the Secretary of
Homeland Security shall notify the
Committee on Homeland Security of the
House of Representatives and the
Committee on Homeland Security and
Governmental Affairs of the Senate of
the type of tactical infrastructure and
technology the Secretary has determined
is most practical and effective to
achieve operational control and
situational awareness in a specific
area and the other alternatives the
Secretary considered before making such
a determination.
[(ii)] (iii) Savings provision.--
Nothing in this subparagraph may be
construed to--
(I) create or negate any
right of action for a State,
local government, or other
person or entity affected by
this subsection; or
(II) affect the eminent
domain laws of the United
States or of any State.
(D) Limitation on requirements.--
Notwithstanding subparagraph (A), nothing in
this paragraph shall require the Secretary of
Homeland Security to install fencing, physical
barriers, roads, lighting, cameras, and sensors
in a particular location along an international
border of the United States, if the Secretary
determines that the use or placement of such
resources is not the most appropriate means to
achieve and maintain operational control over
the international border at such location.
(2) Prompt acquisition of necessary easements.--The
[Attorney General] Secretary of Homeland Security ,
acting under the authority conferred in section 103(b)
of the Immigration and Nationality Act (as inserted by
subsection (d)), shall promptly acquire such easements
as may be necessary to carry out this subsection and
shall commence [construction of fences] the
construction of physical barriers immediately following
such acquisition (or conclusion of portions thereof).
[(3) Safety features.--The Attorney General, while
constructing the additional fencing under this
subsection, shall incorporate such safety features into
the design of the fence system as are necessary to
ensure the well-being of border patrol agents deployed
within or in near proximity to the system.]
(3) Agent safety.--In carrying out this section, the
Secretary of Homeland Security, when constructing
tactical infrastructure, shall incorporate such safety
features into the design of such tactical
infrastructure that the Secretary determines, in the
Secretary's sole discretion, are necessary to maximize
the safety and effectiveness of officers or agents of
the Department of Homeland Security or of any other
Federal agency.
(4) Authorization of appropriations.--There are
authorizedto be appropriated such sums as may be
necessary to carry out this subsection. Amounts
appropriated under this paragraph are authorized to
remain available until expended.
(c) Waiver.--
[(1) In general.--Notwithstanding any other provision
of law, the Secretary of Homeland Security shall have
the authority to waive all legal requirements such
Secretary, in such Secretary's sole discretion,
determines necessary to ensure expeditious construction
of the barriers and roads under this section. Any such
decision by the Secretary shall be effective upon being
published in the Federal Register.]
(1) In general.--Notwithstanding any other provision
of law, the Secretary of Homeland Security is
authorized to waive all legal requirements the
Secretary, in the Secretary's sole discretion,
determines necessary to ensure the expeditious
construction, installation, operation, and maintenance
of the tactical infrastructure and technology under
this section. Any such decision by the Secretary shall
be effective upon publication in the Federal Register.
(2) Federal court review.--
(A) In general.--The district courts of the
United States shall have exclusive jurisdiction
to hear all causes or claims arising from any
action undertaken, or any decision made, by the
Secretary of Homeland Security pursuant to
paragraph (1). A cause of action or claim may
only be brought alleging a violation of the
Constitution of the United States. The court
shall not have jurisdiction to hear any claim
not specified in this subparagraph.
(B) Time for filing of complaint.--Any cause
or claim brought pursuant to subparagraph (A)
shall be filed not later than 60 days after the
date of the action or decision made by the
Secretary of Homeland Security. A claim shall
be barred unless it is filed within the time
specified.
(C) Ability to seek appellate review.--An
interlocutory or final judgment, decree, or
order of the district court may be reviewed
only upon petition for a writ of certiorari to
the Supreme Court of the United States.
[(d) Omitted--Amends another Act.]
(e) Construction, Installation, and Maintenance of
Technology.--Not later than January 20, 2021, the Secretary of
Homeland Security, in carrying out subsection (a), shall deploy
along the United States border the most practical and effective
technology available for achieving situational awareness and
operational control of the border.
(f) Definitions.--In this section:
(1) High traffic areas.--The term ``high traffic
areas'' means areas in the vicinity of the United
States border that--
(A) are within the responsibility of U.S.
Customs and Border Protection; and
(B) have significant unlawful cross-border
activity.
(2) Operational control.--The term ``operational
control'' has the meaning given such term in section
2(b) of the Secure Fence Act of 2006 (8 U.S.C. 1701
note; Public Law 109-367).
(3) Situational awareness defined.--The term
``situational awareness'' has the meaning given such
term in section 1092(a)(7) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-
328).
(4) Tactical infrastructure.--The term ``tactical
infrastructure'' means--
(A) boat ramps, access gates, checkpoints,
lighting, and roads; and
(B) physical barriers (including fencing,
border wall system, and levee walls).
(5) Technology defined.--The term ``technology''
includes border surveillance and detection technology,
including the following:
(A) Tower-based surveillance technology.
(B) Deployable, lighter-than-air ground
surveillance equipment.
(C) Vehicle and Dismount Exploitation Radars
(VADER).
(D) 3-dimensional, seismic acoustic detection
and ranging border tunneling detection
technology.
(E) Advanced unattended surveillance sensors.
(F) Mobile vehicle-mounted and man-portable
surveillance capabilities.
(G) Unmanned aerial vehicles.
* * * * * * *
----------
HOMELAND SECURITY ACT OF 2002
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Homeland
Security Act of 2002''.
(b) Table of Contents.--The table of contents for this Act is
as follows:
Sec. 1. Short title; table of contents.
* * * * * * *
TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY
* * * * * * *
Subtitle B--U.S. Customs and Border Protection
* * * * * * *
Sec. 418. Biometric entry-exit.
* * * * * * *
Subtitle C--Miscellaneous Provisions
* * * * * * *
Sec. 434. Border security technology program management.
Sec. 435. Integrated Border Enforcement Teams.
* * * * * * *
TITLE XX--HOMELAND SECURITY GRANTS
Sec. 2001. Definitions.
Subtitle A--Grants to States and High-Risk Urban Areas
* * * * * * *
Sec. 2009. Operation Stonegarden.
* * * * * * *
TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY
* * * * * * *
Subtitle B--U.S. Customs and Border Protection
SEC. 411. ESTABLISHMENT OF U.S. CUSTOMS AND BORDER PROTECTION;
COMMISSIONER, DEPUTY COMMISSIONER, AND OPERATIONAL
OFFICES.
(a) In General.--There is established in the Department an
agency to be known as U.S. Customs and Border Protection.
(b) Commissioner of U.S. Customs and Border Protection.--
(1) In general.--There shall be at the head of U.S.
Customs and Border Protection a Commissioner of U.S.
Customs and Border Protection (in this section referred
to as the ``Commissioner'').
(2) Committee referral.--As an exercise of the
rulemaking power of the Senate, any nomination for the
Commissioner submitted to the Senate for confirmation,
and referred to a committee, shall be referred to the
Committee on Finance.
(c) Duties.--The Commissioner shall--
(1) coordinate and integrate the security, trade
facilitation, and trade enforcement functions of U.S.
Customs and Border Protection;
(2) ensure the interdiction of persons and goods
illegally entering or exiting the United States;
(3) facilitate and expedite the flow of legitimate
travelers and trade;
(4) direct and administer the commercial operations
of U.S. Customs and Border Protection, and the
enforcement of the customs and trade laws of the United
States;
(5) detect, respond to, and interdict terrorists,
drug smugglers and traffickers, human smugglers and
traffickers, and other persons who may undermine the
security of the United States, in cases in which such
persons are entering, or have recently entered, the
United States;
(6) safeguard the borders of the United States to
protect against the entry of dangerous goods;
(7) ensure the overall economic security of the
United States is not diminished by efforts, activities,
and programs aimed at securing the homeland;
(8) in coordination with U.S. Immigration and Customs
Enforcement and United States Citizenship and
Immigration Services, enforce and administer all
immigration laws, as such term is defined in paragraph
(17) of section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)), including--
(A) the inspection, processing, and admission
of persons who seek to enter or depart the
United States; and
(B) the detection, interdiction, removal,
departure from the United States, short-term
detention, and transfer of persons unlawfully
entering, or who have recently unlawfully
entered, the United States;
(9) develop and implement screening and targeting
capabilities, including the screening, reviewing,
identifying, and prioritizing of passengers and cargo
across all international modes of transportation, both
inbound and outbound;
(10) in coordination with the Secretary, deploy
technology to collect the data necessary for the
Secretary to administer the biometric entry and exit
data system pursuant to section 7208 of the
Intelligence Reform and Terrorism Prevention Act of
2004 (8 U.S.C. 1365b);
(11) enforce and administer the laws relating to
agricultural import and entry inspection referred to in
section 421;
(12) in coordination with the Under Secretary for
Management of the Department, ensure U.S. Customs and
Border Protection complies with Federal law, the
Federal Acquisition Regulation, and the Department's
acquisition management directives for major acquisition
programs of U.S. Customs and Border Protection;
(13) ensure that the policies and regulations of U.S.
Customs and Border Protection are consistent with the
obligations of the United States pursuant to
international agreements;
(14) enforce and administer--
(A) the Container Security Initiative program
under section 205 of the Security and
Accountability for Every Port Act of 2006 (6
U.S.C. 945); and
(B) the Customs-Trade Partnership Against
Terrorism program under subtitle B of title II
of such Act (6 U.S.C. 961 et seq.);
(15) conduct polygraph examinations in accordance
with section 3(1) of the Anti-Border Corruption Act of
2010 (Public Law 111-376; 124 Stat. 4105);
(16) establish the standard operating procedures
described in subsection (k);
(17) carry out the training required under subsection
(l); [and]
(18) administer the U.S. Customs and Border
Protection public private partnerships under subtitle
G;
(19) administer preclearance operations under the
Preclearance Authorization Act of 2015 (19 U.S.C. 4431
et seq.; enacted as subtitle B of title VIII of the
Trade Facilitation and Trade Enforcement Act of 2015;
19 U.S.C. 4301 et seq.); and
[(18)] (20) carry out other duties and powers
prescribed by law or delegated by the Secretary.
(d) Deputy Commissioner.--There shall be in U.S. Customs and
Border Protection a Deputy Commissioner who shall assist the
Commissioner in the management of U.S. Customs and Border
Protection.
(e) U.S. Border Patrol.--
(1) In general.--There is established in U.S. Customs
and Border Protection the U.S. Border Patrol.
(2) Chief.--There shall be at the head of the U.S.
Border Patrol a Chief, who shall--
(A) be at the level of Executive Assistant
Commissioner within U.S. Customs and Border
Protection; and
(B) report to the Commissioner.
(3) Duties.--The U.S. Border Patrol shall--
(A) serve as the law enforcement office of
U.S. Customs and Border Protection with primary
responsibility for interdicting persons
attempting to illegally enter or exit the
United States or goods being illegally imported
into or exported from the United States at a
place other than a designated port of entry;
(B) deter and prevent the illegal entry of
terrorists, terrorist weapons, persons, and
contraband; [and]
(C) carry out the small unmanned aerial
vehicle requirements pursuant to subsection (f)
of section 112 of the Border Security for
America Act of 2017; and
[(C)] (D) carry out other duties and powers
prescribed by the Commissioner.
(f) Air and Marine Operations.--
(1) In general.--There is established in U.S. Customs
and Border Protection an office known as Air and Marine
Operations.
(2) Executive assistant commissioner.--There shall be
at the head of Air and Marine Operations an Executive
Assistant Commissioner, who shall report to the
Commissioner.
(3) Duties.--Air and Marine Operations shall--
(A) serve as the law enforcement office
within U.S. Customs and Border Protection with
primary responsibility to detect, interdict,
and prevent acts of terrorism and the unlawful
movement of people, illicit drugs, and other
contraband across the borders of the United
States in the air and maritime environment;
(B) conduct joint aviation and marine
operations with U.S. Immigration and Customs
Enforcement;
(C) conduct aviation and marine operations
with international, Federal, State, and local
law enforcement agencies, as appropriate;
(D) administer the Air and Marine Operations
Center established under paragraph (4); and
(E) carry out other duties and powers
prescribed by the Commissioner.
(4) Air and marine operations center.--
(A) In general.--There is established in Air
and Marine Operations an Air and Marine
Operations Center.
(B) Executive director.--There shall be at
the head of the Air and Marine Operations
Center an Executive Director, who shall report
to the Executive Assistant Commissioner of Air
and Marine Operations.
(C) Duties.--The Air and Marine Operations
Center shall--
(i) manage the air and maritime
domain awareness of the Department, as
directed by the Secretary;
(ii) monitor and coordinate the
airspace for unmanned aerial systems
operations of Air and Marine Operations
in U.S. Customs and Border Protection;
(iii) detect, identify, and
coordinate a response to threats to
national security in the air domain, in
coordination with other appropriate
agencies, as determined by the
Executive Assistant Commissioner;
(iv) provide aviation and marine
support to other Federal, State,
tribal, and local agencies; and
(v) carry out other duties and powers
prescribed by the Executive Assistant
Commissioner.
(g) Office of Field Operations.--
(1) In general.--There is established in U.S. Customs
and Border Protection an Office of Field Operations.
(2) Executive assistant commissioner.--There shall be
at the head of the Office of Field Operations an
Executive Assistant Commissioner, who shall report to
the Commissioner.
(3) Duties.--The Office of Field Operations shall
coordinate the enforcement activities of U.S. Customs
and Border Protection at United States air, land, and
sea ports of entry to--
(A) deter and prevent terrorists and
terrorist weapons from entering the United
States at such ports of entry;
(B) conduct inspections at such ports of
entry to safeguard the United States from
terrorism and illegal entry of persons;
(C) prevent illicit drugs, agricultural
pests, and contraband from entering the United
States;
(D) in coordination with the Commissioner,
facilitate and expedite the flow of legitimate
travelers and trade;
(E) administer the National Targeting Center
established under paragraph (4);
(F) coordinate with the Executive Assistant
Commissioner for the Office of Trade with
respect to the trade facilitation and trade
enforcement activities of U.S. Customs and
Border Protection; and
(G) carry out other duties and powers
prescribed by the Commissioner.
(4) National targeting center.--
(A) In general.--There is established in the
Office of Field Operations a National Targeting
Center.
(B) Executive director.--There shall be at
the head of the National Targeting Center an
Executive Director, who shall report to the
Executive Assistant Commissioner of the Office
of Field Operations.
(C) Duties.--The National Targeting Center
shall--
(i) serve as the primary forum for
targeting operations within U.S.
Customs and Border Protection to
collect and analyze traveler and cargo
information in advance of arrival in
the United States to identify and
address security risks and strengthen
trade enforcement;
(ii) identify, review, and target
travelers and cargo for examination;
(iii) coordinate the examination of
entry and exit of travelers and cargo;
(iv) develop and conduct commercial
risk assessment targeting with respect
to cargo destined for the United
States;
(v) coordinate with the
Transportation Security Administration,
as appropriate;
(vi) issue Trade Alerts pursuant to
section 111(b) of the Trade
Facilitation and Trade Enforcement Act
of 2015; and
(vii) carry out other duties and
powers prescribed by the Executive
Assistant Commissioner.
(5) Annual report on staffing.--
(A) In general.--Not later than 30 days after
the date of the enactment of the Trade
Facilitation and Trade Enforcement Act of 2015,
and annually thereafter, the Executive
Assistant Commissioner shall submit to the
Committee on Homeland Security and the
Committee on Ways and Means of the House of
Representatives and the Committee on Homeland
Security and Governmental Affairs and the
Committee on Finance of the Senate a report on
the staffing model for the Office of Field
Operations, including information on how many
supervisors, front-line U.S. Customs and Border
Protection officers, and support personnel are
assigned to each Field Office and port of entry
compared to the number indicated by the current
fiscal year work flow staffing model .
(B) Form.--The report required under
subparagraph (A) shall, to the greatest extent
practicable, be submitted in unclassified form,
but may be submitted in classified form, if the
Executive Assistant Commissioner determines
that such is appropriate and informs the
Committee on Homeland Security and the
Committee on Ways and Means of the House of
Representatives and the Committee on Homeland
Security and Governmental Affairs and the
Committee on Finance of the Senate of the
reasoning for such.
(h) Office of Intelligence.--
(1) In general.--There is established in U.S. Customs
and Border Protection an Office of Intelligence.
(2) Assistant commissioner.--There shall be at the
head of the Office of Intelligence an Assistant
Commissioner, who shall report to the Commissioner.
(3) Duties.--The Office of Intelligence shall--
(A) develop, provide, coordinate, and
implement intelligence capabilities into a
cohesive intelligence enterprise to support the
execution of the duties and responsibilities of
U.S. Customs and Border Protection;
(B) manage the counterintelligence operations
of U.S. Customs and Border Protection;
(C) establish, in coordination with the Chief
Intelligence Officer of the Department, as
appropriate, intelligence-sharing relationships
with Federal, State, local, and tribal agencies
and intelligence agencies;
(D) conduct risk-based covert testing of U.S.
Customs and Border Protection operations,
including for nuclear and radiological risks;
and
(E) carry out other duties and powers
prescribed by the Commissioner.
(i) Office of International Affairs.--
(1) In general.--There is established in U.S. Customs
and Border Protection an Office of International
Affairs.
(2) Assistant commissioner.--There shall be at the
head of the Office of International Affairs an
Assistant Commissioner, who shall report to the
Commissioner.
(3) Duties.--The Office of International Affairs, in
collaboration with the Office of Policy of the
Department, shall--
(A) coordinate and support U.S. Customs and
Border Protection's foreign initiatives,
policies, programs, and activities;
(B) coordinate and support U.S. Customs and
Border Protection's personnel stationed abroad;
(C) maintain partnerships and information-
sharing agreements and arrangements with
foreign governments, international
organizations, and United States agencies in
support of U.S. Customs and Border Protection's
duties and responsibilities;
(D) provide necessary capacity building,
training, and assistance to foreign customs and
border control agencies to strengthen border,
global supply chain, and travel security, as
appropriate;
(E) coordinate mission support services to
sustain U.S. Customs and Border Protection's
global activities;
(F) coordinate with customs authorities of
foreign countries with respect to trade
facilitation and trade enforcement;
(G) coordinate U.S. Customs and Border
Protection's engagement in international
negotiations;
(H) advise the Commissioner with respect to
matters arising in the World Customs
Organization and other international
organizations as such matters relate to the
policies and procedures of U.S. Customs and
Border Protection;
(I) advise the Commissioner regarding
international agreements to which the United
States is a party as such agreements relate to
the policies and regulations of U.S. Customs
and Border Protection; and
(J) carry out other duties and powers
prescribed by the Commissioner.
(j) Office of Professional Responsibility.--
(1) In general.--There is established in U.S. Customs
and Border Protection an Office of Professional
Responsibility.
(2) Assistant commissioner.--There shall be at the
head of the Office of Professional Responsibility an
Assistant Commissioner, who shall report to the
Commissioner.
(3) Duties.--The Office of Professional
Responsibility shall--
(A) investigate criminal and administrative
matters and misconduct by officers, agents, and
other employees of U.S. Customs and Border
Protection;
(B) manage integrity-related programs and
policies of U.S. Customs and Border Protection;
(C) conduct research and analysis regarding
misconduct of officers, agents, and other
employees of U.S. Customs and Border
Protection; and
(D) carry out other duties and powers
prescribed by the Commissioner.
(k) Standard Operating Procedures.--
(1) In general.--The Commissioner shall establish--
(A) standard operating procedures for
searching, reviewing, retaining, and sharing
information contained in communication,
electronic, or digital devices encountered by
U.S. Customs and Border Protection personnel at
United States ports of entry;
(B) standard use of force procedures that
officers and agents of U.S. Customs and Border
Protection may employ in the execution of their
duties, including the use of deadly force;
(C) uniform, standardized, and publicly-
available procedures for processing and
investigating complaints against officers,
agents, and employees of U.S. Customs and
Border Protection for violations of
professional conduct, including the timely
disposition of complaints and a written
notification to the complainant of the status
or outcome, as appropriate, of the related
investigation, in accordance with section 552a
of title 5, United States Code (commonly
referred to as the ``Privacy Act'' or the
``Privacy Act of 1974'');
(D) an internal, uniform reporting mechanism
regarding incidents involving the use of deadly
force by an officer or agent of U.S. Customs
and Border Protection, including an evaluation
of the degree to which the procedures required
under subparagraph (B) were followed; and
(E) standard operating procedures, acting
through the Executive Assistant Commissioner
for Air and Marine Operations and in
coordination with the Office for Civil Rights
and Civil Liberties and the Office of Privacy
of the Department, to provide command, control,
communication, surveillance, and reconnaissance
assistance through the use of unmanned aerial
systems, including the establishment of--
(i) a process for other Federal,
State, and local law enforcement
agencies to submit mission requests;
(ii) a formal procedure to determine
whether to approve or deny such a
mission request;
(iii) a formal procedure to determine
how such mission requests are
prioritized and coordinated; and
(iv) a process regarding the
protection and privacy of data and
images collected by U.S. Customs and
Border Protection through the use of
unmanned aerial systems.
(2) Requirements regarding certain notifications.--
The standard operating procedures established pursuant
to subparagraph (A) of paragraph (1) shall require--
(A) in the case of a search of information
conducted on an electronic device by U.S.
Customs and Border Protection personnel, the
Commissioner to notify the individual subject
to such search of the purpose and authority for
such search, and how such individual may obtain
information on reporting concerns about such
search; and
(B) in the case of information collected by
U.S. Customs and Border Protection through a
search of an electronic device, if such
information is transmitted to another Federal
agency for subject matter assistance,
translation, or decryption, the Commissioner to
notify the individual subject to such search of
such transmission.
(3) Exceptions.--The Commissioner may withhold the
notifications required under paragraphs (1)(C) and (2)
if the Commissioner determines, in the sole and
unreviewable discretion of the Commissioner, that such
notifications would impair national security, law
enforcement, or other operational interests.
(4) Update and review.--The Commissioner shall review
and update every three years the standard operating
procedures required under this subsection.
(5) Audits.--The Inspector General of the Department
of Homeland Security shall develop and annually
administer, during each of the three calendar years
beginning in the calendar year that begins after the
date of the enactment of the Trade Facilitation and
Trade Enforcement Act of 2015, an auditing mechanism to
review whether searches of electronic devices at or
between United States ports of entry are being
conducted in conformity with the standard operating
procedures required under subparagraph (A) of paragraph
(1). Such audits shall be submitted to the Committee on
Homeland Security of the House of Representatives and
the Committee on Homeland Security and Governmental
Affairs of the Senate and shall include the following:
(A) A description of the activities of
officers and agents of U.S. Customs and Border
Protection with respect to such searches.
(B) The number of such searches.
(C) The number of instances in which
information contained in such devices that were
subjected to such searches was retained,
copied, shared, or entered in an electronic
database.
(D) The number of such devices detained as
the result of such searches.
(E) The number of instances in which
information collected from such devices was
subjected to such searches and was transmitted
to another Federal agency, including whether
such transmissions resulted in a prosecution or
conviction.
(6) Requirements regarding other notifications.--The
standard use of force procedures established pursuant
to subparagraph (B) of paragraph (1) shall require--
(A) in the case of an incident of the use of
deadly force by U.S. Customs and Border
Protection personnel, the Commissioner to
notify the Committee on Homeland Security of
the House of Representatives and the Committee
on Homeland Security and Governmental Affairs
of the Senate; and
(B) the Commissioner to provide to such
committees a copy of the evaluation pursuant to
subparagraph (D) of such paragraph not later
than 30 days after completion of such
evaluation.
(7) Report on unmanned aerial systems.--The
Commissioner shall submit to the Committee on Homeland
Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs
of the Senate an annual report, for each of the three
calendar years beginning in the calendar year that
begins after the date of the enactment of the Trade
Facilitation and Trade Enforcement Act of 2015, that
reviews whether the use of unmanned aerial systems is
being conducted in conformity with the standard
operating procedures required under subparagraph (E) of
paragraph (1). Such reports--
(A) shall be submitted with the annual budget
of the United States Government submitted by
the President under section 1105 of title 31,
United States Code;
(B) may be submitted in classified form if
the Commissioner determines that such is
appropriate; and
(C) shall include--
(i) a detailed description of how,
where, and for how long data and images
collected through the use of unmanned
aerial systems by U.S. Customs and
Border Protection are collected and
stored; and
(ii) a list of Federal, State, and
local law enforcement agencies that
submitted mission requests in the
previous year and the disposition of
such requests.
[(l) Training.--The Commissioner shall require all officers
and agents of U.S. Customs and Border Protection to participate
in a specified amount of continuing education (to be determined
by the Commissioner) to maintain an understanding of Federal
legal rulings, court decisions, and departmental policies,
procedures, and guidelines.]
(l) Training and Continuing Education.--
(1) Mandatory training and continuing education.--The
Commissioner shall ensure that every agent and officer
of U.S. Customs and Border Protection receives a
minimum of 21 weeks of training that are directly
related to the mission of the U.S. Border Patrol, Air
and Marine, and the Office of Field Operations before
the initial assignment of such agents and officers.
(2) FLETC.--The Commissioner shall work in
consultation with the Director of the Federal Law
Enforcement Training Centers to establish guidelines
and curriculum for the training of agents and officers
of U.S. Customs and Border Protection under subsection
(a).
(3) Continuing education.--The Commissioner shall
annually require all agents and officers of U.S.
Customs and Border Protection who are required to
undergo training under subsection (a) to participate in
not fewer than eight hours of continuing education
annually to maintain and update understanding of
Federal legal rulings, court decisions, and Department
policies, procedures, and guidelines related to
relevant subject matters.
(4) Leadership training.--Not later than one year
after the date of the enactment of this subsection, the
Commissioner shall develop and require training courses
geared towards the development of leadership skills for
mid- and senior-level career employees not later than
one year after such employees assume duties in
supervisory roles.
(m) Short-term Detention Standards.--
(1) Access to food and water.--The Commissioner shall
make every effort to ensure that adequate access to
food and water is provided to an individual apprehended
and detained at a United States port of entry or
between ports of entry as soon as practicable following
the time of such apprehension or during subsequent
short-term detention.
(2) Access to information on detainee rights at
border patrol processing centers.--
(A) In general.--The Commissioner shall
ensure that an individual apprehended by a U.S.
Border Patrol agent or an Office of Field
Operations officer is provided with information
concerning such individual's rights, including
the right to contact a representative of such
individual's government for purposes of United
States treaty obligations.
(B) Form.--The information referred to in
subparagraph (A) may be provided either
verbally or in writing, and shall be posted in
the detention holding cell in which such
individual is being held. The information shall
be provided in a language understandable to
such individual.
(3) Short-term detention defined.--In this
subsection, the term ``short-term detention'' means
detention in a U.S. Customs and Border Protection
processing center for 72 hours or less, before
repatriation to a country of nationality or last
habitual residence.
(4) Daytime repatriation.--When practicable,
repatriations shall be limited to daylight hours and
avoid locations that are determined to have high
indices of crime and violence.
(5) Report on procurement process and standards.--Not
later than 180 days after the date of the enactment of
the Trade Facilitation and Trade Enforcement Act of
2015, the Comptroller General of the United States
shall submit to the Committee on Homeland Security of
the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the
Senate a report on the procurement process and
standards of entities with which U.S. Customs and
Border Protection has contracts for the transportation
and detention of individuals apprehended by agents or
officers of U.S. Customs and Border Protection. Such
report should also consider the operational efficiency
of contracting the transportation and detention of such
individuals.
(6) Report on inspections of short-term custody
facilities.--The Commissioner shall--
(A) annually inspect all facilities utilized
for short-term detention; and
(B) make publicly available information
collected pursuant to such inspections,
including information regarding the
requirements under paragraphs (1) and (2) and,
where appropriate, issue recommendations to
improve the conditions of such facilities.
(n) Wait Times Transparency.--
(1) In general.--The Commissioner shall--
(A) publish live wait times for travelers
entering the United States at the 20 United
States airports that support the highest volume
of international travel (as determined by
available Federal flight data);
(B) make information about such wait times
available to the public in real time through
the U.S. Customs and Border Protection website;
(C) submit to the Committee on Homeland
Security and the Committee on Ways and Means of
the House of Representatives and the Committee
on Homeland Security and Governmental Affairs
and the Committee on Finance of the Senate, for
each of the five calendar years beginning in
the calendar year that begins after the date of
the enactment of the Trade Facilitation and
Trade Enforcement Act of 2015, a report that
includes compilations of all such wait times
and a ranking of such United States airports by
wait times; and
(D) provide adequate staffing at the U.S.
Customs and Border Protection information
center to ensure timely access for travelers
attempting to submit comments or speak with a
representative about their entry experiences.
(2) Calculation.--The wait times referred to in
paragraph (1)(A) shall be determined by calculating the
time elapsed between an individual's entry into the
U.S. Customs and Border Protection inspection area and
such individual's clearance by a U.S. Customs and
Border Protection officer.
(o) Other Authorities.--
(1) In general.--The Secretary may establish such
other offices or positions of Assistant Commissioners
(or other similar officers or officials) as the
Secretary determines necessary to carry out the
missions, duties, functions, and authorities of U.S.
Customs and Border Protection.
(2) Notification.--If the Secretary exercises the
authority provided under paragraph (1), the Secretary
shall notify the Committee on Homeland Security and the
Committee on Ways and Means of the House of
Representatives and the Committee on Homeland Security
and Governmental Affairs and the Committee on Finance
of the Senate not later than 30 days before exercising
such authority.
(p) Reports to Congress.--The Commissioner shall, on and
after the date of the enactment of the Trade Facilitation and
Trade Enforcement Act of 2015, continue to submit to the
Committee on Homeland Security and the Committee on Ways and
Means of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs and the Committee on
Finance of the Senate any report required, on the day before
such date of enactment, to be submitted under any provision of
law.
(q) Other Federal Agencies.--Nothing in this section may be
construed as affecting in any manner the authority, existing on
the day before the date of the enactment of the Trade
Facilitation and Trade Enforcement Act of 2015, of any other
Federal agency or component of the Department.
(r) Definitions.--In this section, the terms ``commercial
operations'', ``customs and trade laws of the United States'',
``trade enforcement'', and ``trade facilitation'' have the
meanings given such terms in section 2 of the Trade
Facilitation and Trade Enforcement Act of 2015.
* * * * * * *
SEC. 418. BIOMETRIC ENTRY-EXIT.
(a) Establishment.--The Secretary shall--
(1) not later than 180 days after the date of the
enactment of this section, submit to the Committee on
Homeland Security and Governmental Affairs and the
Committee on the Judiciary of the Senate and the
Committee on Homeland Security and the Committee on the
Judiciary of the House of Representatives an
implementation plan to establish a biometric exit data
system to complete the integrated biometric entry and
exit data system required under section 7208 of the
Intelligence Reform and Terrorism Prevention Act of
2004 (8 U.S.C. 1365b), including--
(A) an integrated master schedule and cost
estimate, including requirements and design,
development, operational, and maintenance costs
of such a system, that takes into account prior
reports on such matters issued by the
Government Accountability Office and the
Department;
(B) cost-effective staffing and personnel
requirements of such a system that leverages
existing resources of the Department that takes
into account prior reports on such matters
issued by the Government Accountability Office
and the Department;
(C) a consideration of training programs
necessary to establish such a system that takes
into account prior reports on such matters
issued by the Government Accountability Office
and the Department;
(D) a consideration of how such a system will
affect arrival and departure wait times that
takes into account prior reports on such matter
issued by the Government Accountability Office
and the Department;
(E) information received after consultation
with private sector stakeholders, including
the--
(i) trucking industry;
(ii) airport industry;
(iii) airline industry;
(iv) seaport industry;
(v) travel industry; and
(vi) biometric technology industry;
(F) a consideration of how trusted traveler
programs in existence as of the date of the
enactment of this Act may be impacted by, or
incorporated into, such a system;
(G) defined metrics of success and
milestones;
(H) identified risks and mitigation
strategies to address such risks; and
(I) a consideration of how other countries
have implemented a biometric exit data system;
and
(2) not later than two years after the date of the
enactment of this section, establish a biometric exit
data system at the--
(A) 15 United States airports that support
the highest volume of international air travel,
as determined by available Federal flight data;
(B) 10 United States seaports that support
the highest volume of international sea travel,
as determined by available Federal travel data;
and
(C) 15 United States land ports of entry that
support the highest volume of vehicle,
pedestrian, and cargo crossings, as determined
by available Federal border crossing data.
(b) Implementation.--
(1) Pilot program at land ports of entry for non-
pedestrian outbound traffic.--Not later than six months
after the date of the enactment of this section, the
Secretary, in collaboration with industry stakeholders,
shall establish a six-month pilot program to test the
biometric exit data system referred to in subsection
(a)(2) on non-pedestrian outbound traffic at not fewer
than three land ports of entry with significant cross-
border traffic, including at not fewer than two land
ports of entry on the southern land border and at least
one land port of entry on the northern land border.
Such pilot program may include a consideration of more
than one biometric mode, and shall be implemented to
determine the following:
(A) How a nationwide implementation of such
biometric exit data system at land ports of
entry shall be carried out.
(B) The infrastructure required to carry out
subparagraph (A).
(C) The effects of such pilot program on
legitimate travel and trade.
(D) The effects of such pilot program on wait
times, including processing times, for such
non-pedestrian traffic.
(E) The effects of such pilot program on
combating terrorism.
(F) The effects of such pilot program on
identifying visa holders who violate the terms
of their visas.
(2) At land ports of entry for non-pedestrian
outbound traffic.--
(A) In general.--Not later than five years
after the date of the enactment of this
section, the Secretary shall expand the
biometric exit data system referred to in
subsection (a)(2) to all land ports of entry,
and such system shall apply only in the case of
non-pedestrian outbound traffic.
(B) Extension.--The Secretary may extend for
a single two-year period the date specified in
subparagraph (A) if the Secretary certifies to
the Committee on Homeland Security and
Governmental Affairs and the Committee on the
Judiciary of the Senate and the Committee on
Homeland Security and the Committee on the
Judiciary of the House of Representatives that
the 15 land ports of entry that support the
highest volume of passenger vehicles, as
determined by available Federal data, do not
have the physical infrastructure or
characteristics to install the systems
necessary to implement a biometric exit data
system.
(3) At air and sea ports of entry.--Not later than
five years after the date of the enactment of this
section, the Secretary shall expand the biometric exit
data system referred to in subsection (a)(2) to all air
and sea ports of entry.
(4) At land ports of entry for pedestrians.--Not
later than five years after the date of the enactment
of this section, the Secretary shall expand the
biometric exit data system referred to in subsection
(a)(2) to all land ports of entry, and such system
shall apply only in the case of pedestrians.
(c) Effects on Air, Sea, and Land Transportation.--The
Secretary, in consultation with appropriate private sector
stakeholders, shall ensure that the collection of biometric
data under this section causes the least possible disruption to
the movement of people or cargo in air, sea, or land
transportation, while fulfilling the goals of improving
counterterrorism efforts and identifying visa holders who
violate the terms of their visas.
(d) Termination of Proceeding.--Notwithstanding any other
provision of law, the Secretary shall, on the date of the
enactment of this section, terminate the proceeding entitled
``Collection of Alien Biometric Data Upon Exit From the United
States at Air and Sea Ports of Departure; United States Visitor
and Immigrant Status Indicator Technology Program (`US-
VISIT')'', issued on April 24, 2008 (73 Fed. Reg. 22065).
(e) Data-matching.--The biometric exit data system
established under this section shall--
(1) match biometric information for an individual who
is departing the United States against biometric data
previously provided to the United States Government by
such individual for the purposes of international
travel;
(2) leverage the infrastructure and databases of the
current biometric entry and exit system established
pursuant to section 7208 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (8 U.S.C. 1365b) for
the purpose described in paragraph (1); and
(3) be interoperable with, and allow matching
against, other Federal databases that--
(A) store biometrics of known or suspected
terrorists; and
(B) identify visa holders who violate the
terms of their visas.
(f) Scope.--
(1) In general.--The biometric exit data system
established under this section shall include a
requirement for the collection of biometric exit data
at the time of departure for all categories of
individuals who are required by the Secretary to
provide biometric entry data.
(2) Exception for certain other individuals.--This
section shall not apply in the case of an individual
who exits and then enters the United States on a
passenger vessel (as such term is defined in section
2101 of title 46, United States Code) the itinerary of
which originates and terminates in the United States.
(3) Exception for land ports of entry.--This section
shall not apply in the case of a United States or
Canadian citizen who exits the United States through a
land port of entry.
(g) Collection of Data.--The Secretary may not require any
non-Federal person to collect biometric data, or contribute to
the costs of collecting or administering the biometric exit
data system established under this section, except through a
mutual agreement.
(h) Multi-modal Collection.--In carrying out subsections
(a)(1) and (b), the Secretary shall make every effort to
collect biometric data using multiple modes of biometrics.
(i) Facilities.--All facilities at which the biometric exit
data system established under this section is implemented shall
provide and maintain space for Federal use that is adequate to
support biometric data collection and other inspection-related
activity. For non-federally owned facilities, such space shall
be provided and maintained at no cost to the Government.
(j) Northern Land Border.--In the case of the northern land
border, the requirements under subsections (a)(2)(C),
(b)(2)(A), and (b)(4) may be achieved through the sharing of
biometric data provided to U.S. Customs and Border Protection
by the Canadian Border Services Agency pursuant to the 2011
Beyond the Border agreement.
(k) Fair and Open Competition.--The Secretary shall procure
goods and services to implement this section via fair and open
competition in accordance with the Federal Acquisition
Regulations.
(l) Other Biometric Initiatives.--The Secretary may pursue
biometric initiatives at air, land, and sea ports of entry for
the purposes of border security and trade facilitation distinct
from the biometric exit data system described in this section.
(m) Congressional Review.--Not later than 90 days after the
date of the enactment of this section, the Secretary shall
submit to the Committee on Homeland Security and Governmental
Affairs of the Senate, the Committee on the Judiciary of the
Senate, the Committee on Homeland Security of the House of
Representatives, and Committee on the Judiciary of the House of
Representatives reports and recommendations regarding the
Science and Technology Directorate's Air Entry and Exit Re-
Engineering Program of the Department and the U.S. Customs and
Border Protection entry and exit mobility program
demonstrations.
(n) Savings Clause.--Nothing in this section shall prohibit
the collection of user fees permitted by section 13031 of the
Consolidated Omnibus Budget Reconciliation Act of 1985 (19
U.S.C. 58c).
Subtitle C--Miscellaneous Provisions
* * * * * * *
SEC. 434. BORDER SECURITY TECHNOLOGY PROGRAM MANAGEMENT.
(a) Major Acquisition Program Defined.--In this section, the
term ``major acquisition program'' means an acquisition program
of the Department that is estimated by the Secretary to require
an eventual total expenditure of at least $300,000,000 (based
on fiscal year 2017 constant dollars) over its life cycle cost.
(b) Planning Documentation.--For each border security
technology acquisition program of the Department that is
determined to be a major acquisition program, the Secretary
shall--
(1) ensure that each such program has a written
acquisition program baseline approved by the relevant
acquisition decision authority;
(2) document that each such program is meeting cost,
schedule, and performance thresholds as specified in
such baseline, in compliance with relevant departmental
acquisition policies and the Federal Acquisition
Regulation; and
(3) have a plan for meeting program implementation
objectives by managing contractor performance.
(c) Adherence to Standards.--The Secretary, acting through
the Under Secretary for Management and the Commissioner of U.S.
Customs and Border Protection, shall ensure border security
technology acquisition program managers who are responsible for
carrying out this section adhere to relevant internal control
standards identified by the Comptroller General of the United
States. The Commissioner shall provide information, as needed,
to assist the Under Secretary in monitoring management of
border security technology acquisition programs under this
section.
(d) Plan.--The Secretary, acting through the Under Secretary
for Management, in coordination with the Under Secretary for
Science and Technology and the Commissioner of U.S. Customs and
Border Protection, shall submit to the appropriate
congressional committees a plan for testing, evaluating, and
using independent verification and validation resources for
border security technology. Under the plan, new border security
technologies shall be evaluated through a series of
assessments, processes, and audits to ensure--
(1) compliance with relevant departmental acquisition
policies and the Federal Acquisition Regulation; and
(2) the effective use of taxpayer dollars.
SEC. 435. INTEGRATED BORDER ENFORCEMENT TEAMS.
(a) Establishment.--The Secretary shall establish within the
Department a program to be known as the Integrated Border
Enforcement Team program (referred to in this section as
``IBET'').
(b) Purpose.--The Secretary shall administer the IBET program
in a manner that results in a cooperative approach between the
United States and Canada to--
(1) strengthen security between designated ports of
entry;
(2) detect, prevent, investigate, and respond to
terrorism and violations of law related to border
security;
(3) facilitate collaboration among components and
offices within the Department and international
partners;
(4) execute coordinated activities in furtherance of
border security and homeland security; and
(5) enhance information-sharing, including the
dissemination of homeland security information among
such components and offices.
(c) Composition and Location of Ibets.--
(1) Composition.--IBETs shall be led by the United
States Border Patrol and may be comprised of personnel
from the following:
(A) Other subcomponents of U.S. Customs and
Border Protection.
(B) U.S. Immigration and Customs Enforcement,
led by Homeland Security Investigations.
(C) The Coast Guard, for the purpose of
securing the maritime borders of the United
States.
(D) Other Department personnel, as
appropriate.
(E) Other Federal departments and agencies,
as appropriate.
(F) Appropriate State law enforcement
agencies.
(G) Foreign law enforcement partners.
(H) Local law enforcement agencies from
affected border cities and communities.
(I) Appropriate tribal law enforcement
agencies.
(2) Location.--The Secretary is authorized to
establish IBETs in regions in which such teams can
contribute to IBET missions, as appropriate. When
establishing an IBET, the Secretary shall consider the
following:
(A) Whether the region in which the IBET
would be established is significantly impacted
by cross-border threats.
(B) The availability of Federal, State,
local, tribal, and foreign law enforcement
resources to participate in an IBET.
(C) Whether, in accordance with paragraph
(3), other joint cross-border initiatives
already take place within the region in which
the IBET would be established, including other
Department cross-border programs such as the
Integrated Cross-Border Maritime Law
Enforcement Operation Program established under
section 711 of the Coast Guard and Maritime
Transportation Act of 2012 (46 U.S.C. 70101
note) or the Border Enforcement Security Task
Force established under section 432.
(3) Duplication of efforts.--In determining whether
to establish a new IBET or to expand an existing IBET
in a given region, the Secretary shall ensure that the
IBET under consideration does not duplicate the efforts
of other existing interagency task forces or centers
within such region, including the Integrated Cross-
Border Maritime Law Enforcement Operation Program
established under section 711 of the Coast Guard and
Maritime Transportation Act of 2012 (46 U.S.C. 70101
note) or the Border Enforcement Security Task Force
established under section 432.
(d) Operation.--
(1) In general.--After determining the regions in
which to establish IBETs, the Secretary may--
(A) direct the assignment of Federal
personnel to such IBETs; and
(B) take other actions to assist Federal,
State, local, and tribal entities to
participate in such IBETs, including providing
financial assistance, as appropriate, for
operational, administrative, and technological
costs associated with such participation.
(2) Limitation.--Coast Guard personnel assigned under
paragraph (1) may be assigned only for the purposes of
securing the maritime borders of the United States, in
accordance with subsection (c)(1)(C).
(e) Coordination.--The Secretary shall coordinate the IBET
program with other similar border security and antiterrorism
programs within the Department in accordance with the strategic
objectives of the Cross-Border Law Enforcement Advisory
Committee.
(f) Memoranda of Understanding.--The Secretary may enter into
memoranda of understanding with appropriate representatives of
the entities specified in subsection (c)(1) necessary to carry
out the IBET program.
(g) Report.--Not later than 180 days after the date on which
an IBET is established and biannually thereafter for the
following six years, the Secretary shall submit to the
appropriate congressional committees, including the Committee
on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate, and in the case of Coast Guard personnel used to secure
the maritime borders of the United States, additionally to the
Committee on Transportation and Infrastructure of the House of
Representatives, a report that--
(1) describes the effectiveness of IBETs in
fulfilling the purposes specified in subsection (b);
(2) assess the impact of certain challenges on the
sustainment of cross-border IBET operations, including
challenges faced by international partners;
(3) addresses ways to support joint training for IBET
stakeholder agencies and radio interoperability to
allow for secure cross-border radio communications; and
(4) assesses how IBETs, Border Enforcement Security
Task Forces, and the Integrated Cross-Border Maritime
Law Enforcement Operation Program can better align
operations, including interdiction and investigation
activities.
* * * * * * *
TITLE XX--HOMELAND SECURITY GRANTS
* * * * * * *
Subtitle A--Grants to States and High-Risk Urban Areas
SEC. 2002. HOMELAND SECURITY GRANT PROGRAMS.
[(a) Grants Authorized.--The Secretary, through the
Administrator, may award grants under sections 2003 and 2004 to
State, local, and tribal governments.]
(a) Grants Authorized.--The Secretary, through the
Administrator, may award grants under sections 2003, 2004, and
2009 to State, local, and tribal governments, as appropriate.
(b) Programs Not Affected.--This subtitle shall not be
construed to affect any of the following Federal programs:
(1) Firefighter and other assistance programs
authorized under the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2201 et seq.).
(2) Grants authorized under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.).
(3) Emergency Management Performance Grants under the
amendments made by title II of the Implementing
Recommendations of the 9/11 Commission Act of 2007.
(4) Grants to protect critical infrastructure,
including port security grants authorized under section
70107 of title 46, United States Code, and the grants
authorized under title XIV and XV of the Implementing
Recommendations of the 9/11 Commission Act of 2007 and
the amendments made by such titles.
(5) The Metropolitan Medical Response System
authorized under section 635 of the Post-Katrina
Emergency Management Reform Act of 2006 (6 U.S.C. 723).
(6) The Interoperable Emergency Communications Grant
Program authorized under title XVIII.
(7) Grant programs other than those administered by
the Department.
(c) Relationship to Other Laws.--
(1) In general.--The grant programs authorized under
sections 2003 and 2004 shall supercede all grant
programs authorized under section 1014 of the USA
PATRIOT Act (42 U.S.C. 3714).
(2) Allocation.--The allocation of grants authorized
under section 2003 or 2004 shall be governed by the
terms of this subtitle and not by any other provision
of law.
* * * * * * *
SEC. 2009. OPERATION STONEGARDEN.
(a) Establishment.--There is established in the Department a
program to be known as ``Operation Stonegarden'', under which
the Secretary, acting through the Administrator, shall make
grants to eligible law enforcement agencies, through the State
administrative agency, to enhance border security in accordance
with this section.
(b) Eligible Recipients.--To be eligible to receive a grant
under this section, a law enforcement agency--
(1) shall be located in--
(A) a State bordering Canada or Mexico; or
(B) a State or territory with a maritime
border; and
(2) shall be involved in an active, ongoing, U.S.
Customs and Border Protection operation coordinated
through a U.S. Border Patrol sector office.
(c) Permitted Uses.--The recipient of a grant under this
section may use such grant for--
(1) equipment, including maintenance and sustainment
costs;
(2) personnel, including overtime and backfill, in
support of enhanced border law enforcement activities;
(3) any activity permitted for Operation Stonegarden
under the Department of Homeland Security's Fiscal Year
2017 Homeland Security Grant Program Notice of Funding
Opportunity; and
(4) any other appropriate activity, as determined by
the Administrator, in consultation with the
Commissioner of U.S. Customs and Border Protection.
(d) Period of Performance.--The Secretary shall award grants
under this section to grant recipients for a period of not less
than 36 months.
(e) Report.--For each of the fiscal years 2018 through 2022,
the Administrator shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of Representatives
a report that contains information on the expenditure of grants
made under this section by each grant recipient.
(f) Authorization of Appropriations.--There is authorized to
be appropriated $110,000,000 for each of the fiscal years 2018
through 2022 for grants under this section.
* * * * * * *
----------
PRECLEARANCE AUTHORIZATION ACT OF 2015
* * * * * * *
TITLE VIII--MATTERS RELATING TO U.S. CUSTOMS AND BORDER PROTECTION
* * * * * * *
Subtitle B--Preclearance Operations
* * * * * * *
SEC. 814. NOTIFICATION AND CERTIFICATION TO CONGRESS.
(a) Initial Notification.--Not later than 60 days before an
agreement with the government of a foreign country to establish
U.S. Customs and Border Protection preclearance operations in
such foreign country enters into force, the Secretary shall
provide the appropriate congressional committees with--
(1) a copy of the agreement to establish such
preclearance operations, which shall include--
(A) the identification of the foreign country
with which U.S. Customs and Border Protection
intends to enter into a preclearance agreement;
(B) the location at which such preclearance
operations will be conducted; and
(C) the terms and conditions for U.S. Customs
and Border Protection personnel operating at
the location;
(2) an assessment of the impact such preclearance
operations will have on legitimate trade and travel,
including potential impacts on passengers traveling to
the United States;
(3) an assessment of the impacts such preclearance
operations will have on U.S. Customs and Border
Protection domestic port of entry staffing;
(4) country-specific information on the anticipated
homeland security benefits associated with establishing
such preclearance operations;
(5) information on potential security vulnerabilities
associated with commencing such preclearance operations
and mitigation plans to address such potential security
vulnerabilities;
(6) a U.S. Customs and Border Protection staffing
model for such preclearance operations and plans for
how such positions would be filled; and
(7) information on the anticipated costs over the 5
fiscal years after the agreement enters into force
associated with commencing such preclearance
operations.
(b) Further Notification Relating to Preclearance Operations
Established at Airports.--Not later than 45 days before an
agreement with the government of a foreign country to establish
U.S. Customs and Border Protection preclearance operations at
an airport in such country enters into force, the Secretary, in
addition to complying with the notification requirements under
subsection (a), shall provide the appropriate congressional
committees with--
(1) an estimate of the date on which U.S. Customs and
Border Protection intends to establish preclearance
operations under such agreement, including any pending
caveats that must be resolved before preclearance
operations are approved;
(2) the anticipated funding sources for preclearance
operations under such agreement, and other funding
sources considered;
(3) a homeland security threat assessment for the
country in which such preclearance operations are to be
established;
(4) information on potential economic, competitive,
and job impacts on United States air carriers
associated with establishing such preclearance
operations;
(5) details on information sharing mechanisms to
ensure that U.S. Customs and Border Protection has
current information to prevent terrorist and criminal
travel; and
(6) other factors that the Secretary determines to be
necessary for Congress to comprehensively assess the
appropriateness of commencing such preclearance
operations.
(c) Certifications Relating to Preclearance Operations
Established at Airports.--Not later than 60 days before an
agreement with the government of a foreign country to establish
U.S. Customs and Border Protection preclearance operations at
an airport in such country enters into force, the Secretary, in
addition to complying with the notification requirements under
subsections (a) and (b), shall provide the appropriate
congressional committees with--
(1) a certification that preclearance operations
under such preclearance agreement, after considering
alternative options, would provide homeland security
benefits to the United States through the most
effective means possible;
(2) a certification that preclearance operations
within such foreign country will be established under
such agreement only if--
(A) at least one United States passenger
carrier operates at such airport; and
(B) any United States passenger carriers
operating at such airport and desiring to
participate in preclearance operations are
provided access that is comparable to that of
any non-United States passenger carrier
operating at that airport;
(3) a certification that the establishment of
preclearance operations in such foreign country will
not significantly increase customs processing times at
United States airports;
(4) a certification that representatives from U.S.
Customs and Border Protection consulted with
stakeholders, including providers of commercial air
service in the United States, employees of such
providers, security experts, and such other parties as
the Secretary determines to be appropriate; and
(5) a report detailing the basis for the
certifications referred to in paragraphs (1) through
(4).
(d) Amendment of Existing Agreements.--Not later than 30 days
before a substantially amended preclearance agreement with the
government of a foreign country in effect as of the date of the
enactment of this Act enters into force, the Secretary shall
provide to the appropriate congressional committees--
(1) a copy of the agreement, as amended; and
(2) the justification for such amendment.
(e) Implementation Plan.--
(1) In general.--The Commissioner shall report to the
appropriate congressional committees, on a quarterly
basis--
(A) the number of U.S. Customs and Border
Protection officers, by port, assigned from
domestic ports of entry to preclearance
operations; and
[(B) the number of the positions at domestic
ports of entry vacated by U.S. Customs and
Border Protection officers described in
subparagraph (A) that have been filled by other
hired, trained, and equipped U.S. Customs and
Border Protection officers.]
(B) a port of entry vacancy rate which
compares the number of officers identified in
subparagraph (A) with the number of officers at
the port at which such officer is currently
assigned.
(2) Submission.--If the Commissioner has not filled
the positions of U.S. Customs and Border Protection
officers that were reassigned to preclearance
operations and determines that U.S. Customs and Border
Protection processing times at domestic ports of entry
from which U.S. Customs and Border Protection officers
were reassigned to preclearance operations have
significantly increased, the Commissioner, not later
than 60 days after making such a determination, shall
submit to the appropriate congressional committees an
implementation plan for reducing processing times at
the domestic ports of entry with such increased
processing times.
(3) Suspension.--If the Commissioner does not submit
the implementation plan described in paragraph (2) to
the appropriate congressional committees before the
deadline set forth in such paragraph, the Commissioner
may not commence preclearance operations at an
additional port of entry in any country until such
implementation plan is submitted.
(f) Classified Report.--The report required under subsection
(c)(5) may be submitted in classified form if the Secretary
determines that such form is appropriate.
* * * * * * *
----------
ENHANCED BORDER SECURITY AND VISA ENTRY REFORM ACT OF 2002
* * * * * * *
TITLE I--FUNDING
SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR HIRING AND TRAINING
GOVERNMENT PERSONNEL.
(a) Additional Personnel.--
(1) INS inspectors.--Subject to the availability of
appropriations, during each of the fiscal years 2003
through 2006, the Attorney General shall increase the
number of inspectors and associated support staff in
the Immigration and Naturalization Service by the
equivalent of at least 200 full-time employees over the
number of inspectors and associated support staff in
the Immigration and Naturalization Service authorized
by the USA PATRIOT Act.
(2) INS investigative personnel.--Subject to the
availability of appropriations, during each of the
fiscal years 2003 through 2006, the Attorney General
shall increase the number of investigative and
associated support staff of the Immigration and
Naturalization Service by the equivalent of at least
200 full-time employees over the number of
investigators and associated support staff in the
Immigration and Naturalization Service authorized by
the USA PATRIOT Act.
(3) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be
necessary to carry out this subsection, including such
sums as may be necessary to provide facilities,
attorney personnel and support staff, and other
resources needed to support the increased number of
inspectors, investigative staff, and associated support
staff.
[(b) Authorization of Appropriations for INS Staffing.--
[(1) In general.--There are authorized to be
appropriated for the Department of Justice such sums as
may be necessary to provide an increase in the annual
rate of basic pay effective October 1, 2002--
[(A) for all journeyman Border Patrol agents
and inspectors who have completed at least one
year's service and are receiving an annual rate
of basic pay for positions at GS-9 of the
General Schedule under section 5332 of title 5,
United States Code, from the annual rate of
basic pay payable for positions at GS-9 of the
General Schedule under such section 5332, to an
annual rate of basic pay payable for positions
at GS-11 of the General Schedule under such
section 5332;
[(B) for inspections assistants, from the
annual rate of basic pay payable for positions
at GS-5 of the General Schedule under section
5332 of title 5, United States Code, to an
annual rate of basic pay payable for positions
at GS-7 of the General Schedule under such
section 5332; and
[(C) for the support staff associated with
the personnel described in subparagraphs (A)
and (B), at the appropriate GS level of the
General Schedule under such section 5332.]
(b) Authorization of Appropriations for CBP Employees.--There
are authorized to be appropriated to U.S. Customs and Border
Protection such sums as may be necessary to increase, effective
January 1, 2018, the annual rate of basic pay for U.S. Customs
and Border Protection employees who have completed at least one
year of service--
(1) to the annual rate of basic pay payable for
positions at GS-12, step 1 of the General Schedule
under subchapter III of chapter 53 of title 5, United
States Code, for officers and agents who are receiving
the annual rate of basic pay payable for a position at
GS-5, GS-6, GS-7, GS-8, or GS-9 of the General
Schedule;
(2) to the annual rate of basic pay payable for
positions at GS-12, step 10 of the General Schedule
under such subchapter for supervisory CBP officers and
supervisory agents who are receiving the annual rate of
pay payable for a position at GS-10 of the General
Schedule;
(3) to the annual rate of basic pay payable for
positions at GS-14, step 1 of the General Schedule
under such subchapter for supervisory CBP officers and
supervisory agents who are receiving the annual rate of
pay payable for a position at GS-11 of the General
Schedule;
(4) to the annual rate of basic pay payable for
positions at GS-12, step 10 of the General Schedule
under such subchapter for supervisory CBP officers and
supervisory Border Patrol agents who are receiving the
annual rate of pay payable for a position at GS-12 or
GS-13 of the General Schedule; and
(5) to the annual rate of basic pay payable for
positions at GS-8, GS-9, or GS-10 of the General
Schedule for assistants who are receiving an annual
rate of pay payable for positions at GS-5, GS-6, or GS-
7 of the General Schedule, respectively.
(c) Authorization of Appropriations for Training.--There are
authorized to be appropriated such sums as may be necessary--
(1) to appropriately train Immigration and
Naturalization Service personnel on an ongoing basis--
(A) to ensure that their proficiency levels
are acceptable to protect the borders of the
United States; and
(B) otherwise to enforce and administer the
laws within their jurisdiction;
(2) to provide adequate continuing cross-training to
agencies staffing the United States border and ports of
entry to effectively and correctly apply applicable
United States laws;
(3) to fully train immigration officers to use the
appropriate lookout databases and to monitor passenger
traffic patterns; and
(4) to expand the Carrier Consultant Program
described in section 235(b) of the Immigration and
Nationality Act (8 U.S.C. 1225A(b)).
(d) Authorization of Appropriations for Consular Functions.--
(1) Responsibilities.--The Secretary of State shall--
(A) implement enhanced security measures for
the review of visa applicants;
(B) staff the facilities and programs
associated with the activities described in
subparagraph (A); and
(C) provide ongoing training for consular
officers and diplomatic security agents.
(2) Authorization of appropriations.--There are
authorized to be appropriated for the Department of
State such sums as may be necessary to carry out
paragraph (1).
* * * * * * *
----------
ACT OF FEBRUARY 13, 1911
AN ACT To provide for the lading or unlading of vessels at night, the
preliminary entry of vessels, and for other purposes.
* * * * * * *
SEC. 5. OVERTIME AND PREMIUM PAY FOR CUSTOMS OFFICERS.
(a) Overtime pay.--
(1) In general.--Subject to paragraph (2) and
subsection (c), a customs officer who is officially
assigned to perform work in excess of 40 hours in the
administrative workweek of the officer or in excess of
8 hours in a day shall be compensated for that work at
an hourly rate of pay that is equal to 2 times the
hourly rate of the basic pay of the officer. For
purposes of this paragraph, the hourly rate of basic
pay for a customs officer does not include any premium
pay provided for under subsection (b).
(2) Special provisions relating to overtime work on
callback basis.--
(A) Minimum duration.--Any work for which
compensation is authorized under paragraph (1)
and for which the customs officer is required
to return to the officer's place of work shall
be treated as being not less than 2 hours in
duration; but only if such work begins at least
1 hour after the end of any previous regularly
scheduled work assignment and ends at least 1
hour before the beginning of the following
regularly scheduled work assignment.
(B) Compensation for commuting time.--
(i) In general.--Except as provided
in clause (ii), in addition to the
compensation authorized under paragraph
(1) for work to which subparagraph (A)
applies, the customs officer is
entitled to be paid, as compensation
for commuting time, an amount equal to
3 times the hourly rate of basic pay of
the officer.
(ii) Exception.--Compensation for
commuting time is not payable under
clause (i) if the work for which
compensation is authorized under
paragraph (1)--
(I) does not commence within
16 hours of the customs
officer's last regularly
scheduled work assignment, or
(II) commences within 2 hours
of the next regularly scheduled
work assignment of the customs
officer.
(b) Premium Pay for Customs Officers.--
(1) Night work differential.--
(A) 3 p.m. to midnight shiftwork.--If the
majority of the hours of regularly scheduled
work of a customs officer occurs during the
period beginning at 3 p.m. and ending at 12
a.m., the officer is entitled to pay for work
during such period (except for work to which
paragraph (2) or (3) applies) at the officer's
hourly rate of basic pay plus premium pay
amounting to 15 percent of that basic rate.
(B) 11 p.m. to 8 a.m. shiftwork.--If the
majority of the hours of regularly scheduled
work of a customs officer occurs during the
period beginning at 11 p.m. and ending at 8
a.m., the officer is entitled to pay for work
during such period (except for work to which
paragraph (2) or (3) applies) at the officer's
hourly rate of basic pay plus premium pay
amounting to 20 percent of that basic rate.
(C) 7:30 p.m. to 3:30 a.m. shiftwork.--If the
regularly scheduled work assignment of a
customs officer is 7:30 p.m. to 3:30 a.m., the
officer is entitled to pay for work during such
period (except for work to which paragraph (2)
or (3) applies) at the officer's hourly rate of
basic pay plus premium pay amounting to 15
percent of that basic rate for the period from
7:30 p.m. to 11:30 p.m. and at the officer's
hourly rate of basic pay plus premium pay
amounting to 20 percent of that basic rate for
the period from 11:30 p.m. to 3:30 a.m.
(2) Sunday differential.--A customs officer who
performs any regularly scheduled work on a Sunday that
is not a holiday is entitled to pay for that work at
the officer's hourly rate of basic pay plus premium pay
amounting to 50 percent of that basic rate.
(3) Holiday differential.--A customs officer who
performs any regularly scheduled work on a holiday is
entitled to pay for that work at the officer's hourly
rate of basic pay plus premium pay amounting to 100
percent of that basic rate.
(4) Treatment of premium pay.--Premium pay provided
for under this subsection may not be treated as being
overtime pay or compensation for any purpose.
(c) Limitations.--
(1) Fiscal year cap.--The aggregate of overtime pay
under subsection (a) (including commuting compensation
under subsection (a)(2)(B)) and premium pay under
subsection (b) that a customs officer may be paid in
any fiscal year may not exceed [$25,000] $45,000 ;
except that the Commissioner of Customs or his designee
may waive this limitation in individual cases in order
to prevent excessive costs or to meet emergency
requirements of the Customs Service.
(2) Exclusivity of pay under this section.--A customs
officer who receives overtime pay under subsection (a)
or premium pay under subsection (b) for time worked may
not receive pay or other compensation for that work
under any other provision of law.
(d) Regulation.--The Secretary of the Treasury shall
promulgate regulations to prevent--
(1) abuse of callback work assignments and commuting
time compensation authorized under subsection (a)(2);
and
(2) the disproportionately more frequent assignment
of overtime work to customs officers who are near to
retirement.
(e) Definitions.--As used in this section:
(1) The term ``customs officer'' means an individual
performing those functions specified by regulation by
the Secretary of the Treasury for a customs inspector
or canine enforcement officer. Such functions shall be
consistent with such applicable standards as may be
promulgated by the Office of Personnel Management.
(2) The term ``holiday'' means any day designated as
a holiday under a Federal statute or Executive order.
----------
ANTI-BORDER CORRUPTION ACT OF 2010
* * * * * * *
SEC. 3. REQUIREMENTS WITH RESPECT TO ADMINISTERING POLYGRAPH
EXAMINATIONS TO LAW ENFORCEMENT PERSONNEL OF U.S.
CUSTOMS AND BORDER PROTECTION.
(a) In General.--The Secretary of Homeland Security shall
ensure that--
(1) by not later than 2 years after the date of the
enactment of this Act, all applicants for law
enforcement positions with U.S. Customs and Border
Protection (except as provided in subsection (b))
receive polygraph examinations before being hired for
such a position; and
(2) by not later than 180 days after the date of the
enactment of this Act, U.S. Customs and Border
Protection initiates all periodic background
reinvestigations for all law enforcement personnel of
U.S. Customs and Border Protection that should receive
periodic background reinvestigations pursuant to
relevant policies of U.S. Customs and Border Protection
in effect on the day before the date of the enactment
of this Act.
[(b) Waiver.--The Commissioner of U.S. Customs and Border
Protection may waive the polygraph examination requirement
under subsection (a)(1) for any applicant who--
[(1) is deemed suitable for employment;
[(2) holds a current, active Top Secret/Sensitive
Compartmented Information Clearance;
[(3) has a current Single Scope Background
Investigation;
[(4) was not granted any waivers to obtain his or her
clearance; and
[(5) is a veteran (as defined in section 2108 of
title 5, United States Code).]
(b) Waiver Authority.--The Commissioner of U.S. Customs and
Border Protection may waive the application of subsection
(a)(1)--
(1) to a current, full-time law enforcement officer
employed by a State or local law enforcement agency
who--
(A) has continuously served as a law
enforcement officer for not fewer than three
years;
(B) is authorized by law to engage in or
supervise the prevention, detection,
investigation, or prosecution of, or the
incarceration of any person for, any violation
of law, and has statutory powers for arrest or
apprehension;
(C) is not currently under investigation, has
not been found to have engaged in criminal
activity or serious misconduct, has not
resigned from a law enforcement officer
position under investigation or in lieu of
termination, and has not been dismissed from a
law enforcement officer position; and
(D) has, within the past ten years,
successfully completed a polygraph examination
as a condition of employment with such
officer's current law enforcement agency;
(2) to a current, full-time Federal law enforcement
officer who--
(A) has continuously served as a law
enforcement officer for not fewer than three
years;
(B) is authorized to make arrests, conduct
investigations, conduct searches, make
seizures, carry firearms, and serve orders,
warrants, and other processes;
(C) is not currently under investigation, has
not been found to have engaged in criminal
activity or serious misconduct, has not
resigned from a law enforcement officer
position under investigation or in lieu of
termination, and has not been dismissed from a
law enforcement officer position; and
(D) holds a current Tier 4 background
investigation or current Tier 5 background
investigation; and
(3) to a member of the Armed Forces (or a reserve
component thereof) or a veteran, if such individual--
(A) has served in the Armed Forces for not
fewer than three years;
(B) holds, or has held within the past five
years, a Secret, Top Secret, or Top Secret/
Sensitive Compartmented Information clearance;
(C) holds, or has undergone within the past
five years, a current Tier 4 background
investigation or current Tier 5 background
investigation;
(D) received, or is eligible to receive, an
honorable discharge from service in the Armed
Forces and has not engaged in criminal activity
or committed a serious military or civil
offense under the Uniform Code of Military
Justice; and
(E) was not granted any waivers to obtain the
clearance referred to subparagraph (B).
(c) Termination of Waiver Authority.--The authority to issue
a waiver under subsection (b) shall terminate on the date that
is four years after the date of the enactment of the Border
Security for America Act of 2017.
[SEC. 4. PROGRESS REPORT.
[Not later than 180 days after the date of the enactment of
this Act, and every 180 days thereafter through the date that
is 2 years after such date of enactment, the Secretary of
Homeland Security shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of Representatives
a report on the progress made by U.S. Customs and Border
Protection toward complying with section 3.]
SEC. 4. SUPPLEMENTAL COMMISSIONER AUTHORITY.
(a) Non-exemption.--An individual who receives a waiver under
section 3(b) is not exempt from other hiring requirements
relating to suitability for employment and eligibility to hold
a national security designated position, as determined by the
Commissioner of U.S. Customs and Border Protection.
(b) Background Investigations.--Any individual who receives a
waiver under section 3(b) who holds a current Tier 4 background
investigation shall be subject to a Tier 5 background
investigation.
(c) Administration of Polygraph Examination.--The
Commissioner of U.S. Customs and Border Protection is
authorized to administer a polygraph examination to an
applicant or employee who is eligible for or receives a waiver
under section 3(b) if information is discovered before the
completion of a background investigation that results in a
determination that a polygraph examination is necessary to make
a final determination regarding suitability for employment or
continued employment, as the case may be.
SEC. 5. REPORTING.
(a) Annual Report.--Not later than one year after the date of
the enactment of this section and annually thereafter while the
waiver authority under section 3(b) is in effect, the
Commissioner of U.S. Customs and Border Protection shall submit
to Congress a report that includes, with respect to each such
reporting period--
(1) the number of waivers requested, granted, and
denied under section 3(b);
(2) the reasons for any denials of such waiver;
(3) the percentage of applicants who were hired after
receiving a waiver;
(4) the number of instances that a polygraph was
administered to an applicant who initially received a
waiver and the results of such polygraph;
(5) an assessment of the current impact of the
polygraph waiver program on filling law enforcement
positions at U.S. Customs and Border Protection; and
(6) additional authorities needed by U.S. Customs and
Border Protection to better utilize the polygraph
waiver program for its intended goals.
(b) Additional Information.--The first report submitted under
subsection (a) shall include--
(1) an analysis of other methods of employment
suitability tests that detect deception and could be
used in conjunction with traditional background
investigations to evaluate potential employees for
suitability; and
(2) a recommendation regarding whether a test
referred to in paragraph (1) should be adopted by U.S.
Customs and Border Protection when the polygraph
examination requirement is waived pursuant to section
3(b).
SEC. 6. DEFINITIONS.
In this Act:
(1) Federal law enforcement officer.--The term
``Federal law enforcement officer'' means a ``law
enforcement officer'' defined in section 8331(20) or
8401(17) of title 5, United States Code.
(2) Serious military or civil offense.--The term
``serious military or civil offense'' means an offense
for which--
(A) a member of the Armed Forces may be
discharged or separated from service in the
Armed Forces; and
(B) a punitive discharge is, or would be,
authorized for the same or a closely related
offense under the Manual for Court-Martial, as
pursuant to Army Regulation 635-200 chapter 14-
12.
(3) Tier 4; tier 5.--The terms ``Tier 4'' and ``Tier
5'' with respect to background investigations have the
meaning given such terms under the 2012 Federal
Investigative Standards.
(4) Veteran.--The term ``veteran'' has the meaning
given such term in section 101(2) of title 38, United
States Code.
Committee Correspondence
House of Representatives,
Committee on Foreign Affairs,
Washington, DC, November 14, 2017.
Hon. Michael McCaul,
Chairman, House Committee on Homeland Security,
Washington, DC.
Dear Chairman McCaul: Thank you for consulting with the
Committee on Foreign Affairs on H.R. 3548, the Border Security
for America Act of 2017, and for agreeing to remove the section
within Foreign Affairs jurisdiction (entitled ``Merida
Initiative'') from the bill prior to House floor consideration.
I agree that the Foreign Affairs Committee may be
discharged from further action on this bill so that it may
proceed expeditiously to the Floor, subject to the
understanding that this waiver does not in any way diminish or
alter the jurisdiction of the Foreign Affairs Committee, or
prejudice its jurisdictional prerogatives on this bill or
similar legislation in the future. The Committee also reserves
the right to seek an appropriate number of conferees to any
House-Senate conference involving this bill, and would
appreciate your support for any such request.
I ask that you place our exchange of letters into the
Congressional Record during floor consideration of the bill. I
appreciate your cooperation regarding this legislation and look
forward to continuing to work with you as this measure moves
through the legislative process.
Sincerely,
Edward R. Royce,
Chairman.
---------- --
--------
House of Representatives,
Committee on Homeland Security,
Washington, DC, November 14, 2017.
Hon. Edward R. Royce,
Chairman, Committee on Foreign Affairs,
Washington, DC.
Dear Chairman Royce: Thank you for your letter regarding
H.R. 3548, the ``Border Security for America Act of 2017.'' I
appreciate your support in bringing this legislation before the
House of Representatives, and accordingly, understand that the
Committee on Foreign Affairs will forego further consideration
of the bill.
The Committee on Homeland Security concurs with the mutual
understanding that by foregoing consideration of this bill at
this time; the Committee on Foreign Affairs does not waive any
jurisdiction over the subject matter contained in this
legislation in the future. In addition, should a conference on
this bill be necessary, I would support your request to have
the Committee represented on the conference committee. Finally,
the Committee on Homeland Security agrees that Section 119 of
the bill will be removed prior to its consideration on the
House floor.
I will insert copies of this exchange in the report on the
bill and in the Congressional Record during consideration of
this bill on the House floor. I thank you for your cooperation
in this matter.
Sincerely,
Michael T. McCaul,
Chairman.
---------- --
--------
House of Representatives,
Committee on Natural Resources,
Washington, DC, October 17, 2017.
Hon. Michael T. McCaul,
Chairman, Committee on Homeland Security,
Washington, DC.
Dear Mr. Chairman: I write concerning H.R. 3548, the Border
Security for America Act of 2017, which was additionally
referred to the Committee on Natural Resources.
In the interest of permitting you to proceed expeditiously
to floor consideration, I will allow the Committee on Natural
Resources to be discharged from further consideration of the
bill. I do so with the understanding that the Committee does
not waive any jurisdictional claim over the subject matter
contained in the bill that fall within its Rule X jurisdiction.
I also request that you support my request to name members of
the Committee on Natural Resources to any conference committee
to consider such provisions. Finally, please include this
letter in the report on the bill and into the Congressional
Record during consideration of the measure on the House floor.
Thank you again for the very cooperative spirit in which
you and your staff have worked regarding many issues of shared
interest over the Congress.
Sincerely,
Rob Bishop,
Chairman.
---------- --
--------
House of Representatives,
Committee on Homeland Security,
Washington, DC, October 18, 2017.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
Washington, DC.
Dear Chairman Bishop: Thank you for your letter regarding
H.R. 3548, the ``Border Security for America Act of 2017.'' I
appreciate your support in bringing this legislation before the
House of Representatives, and accordingly, understand that the
Committee on Natural Resources will forego further
consideration of the bill.
The Committee on Homeland Security concurs with the mutual
understanding that by foregoing consideration of this bill at
this time, the Committee on Natural Resources does not waive
any jurisdiction over the subject matter contained in this bill
or similar legislation in the future. In addition, should a
conference on this bill be necessary, I would support your
request to have the Committee represented on the conference
committee.
I will insert copies of this exchange in the report on the
bill and in the Congressional Record during consideration of
this bill on the House floor. I thank you for your cooperation
in this matter.
Sincerely,
Michael T. McCaul,
Chairman.
---------- --
--------
House of Representatives,
Committee on Agriculture,
Washington, DC, November 15, 2017.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
Washington, DC.
Dear Mr. McCaul: I am writing concerning H.R. 3548, Border
Security for America Act of 2017.
This legislation contains provisions within the Committee
on Agriculture's Rule X jurisdiction. As a result of your
having consulted with the Committee and in order to expedite
this bill for floor consideration, the Committee on Agriculture
will forego action on the bill. This is being done on the basis
of our mutual understanding that doing so will in no way
diminish or alter the jurisdiction of the Committee on
Agriculture with respect to the appointment of conferees, or to
any future jurisdictional claim over the subject matters
contained in the bill or similar legislation.
I would appreciate your response to this letter confirming
this understanding, and would request that you include a copy
of this letter and your response in the Committee Report and in
the Congressional Record during the floor consideration of this
bill. Thank you in advance for your cooperation.
Sincerely,
K. Michael Conaway,
Chairman.
---------- --
--------
House of Representatives,
Committee on Homeland Security,
Washington, DC, December 7, 2017.
Hon. K. Michael Conaway,
Chairman, Committee on Agriculture,
Washington, DC.
Dear Chairman Conaway: Thank you for your letter regarding
H.R. 3548, the ``Border Security for America Act of 2017.'' I
appreciate your support in bringing this legislation before the
House of Representatives, and accordingly, understand that the
Committee on Agriculture will forego further consideration of
the bill.
The Committee on Homeland Security concurs with the mutual
understanding that by foregoing consideration of this bill at
this time, the Committee on Agriculture does not waive any
jurisdiction over the subject matter contained in this bill or
similar legislation in the future. In addition, should a
conference on this bill be necessary, I would support your
request to have the Committee represented on the conference
committee.
I will insert copies of this exchange in the report on the
bill and in the Congressional Record during consideration of
this bill on the House floor. I thank you for your cooperation
in this matter.
Sincerely,
Michael T. McCaul,
Chairman.
---------- --
--------
House of Representatives,
Committee on Transportation and Infrastructure,
Washington, DC, December 7, 2017.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
Washington, DC.
Dear Chairman McCaul: I write concerning H.R. 3548, the
Border Security for America Act of 2017. This legislation
includes matters that fall within the Rule X jurisdiction of
the Committee on Transportation and Infrastructure.
I recognize and appreciate your desire to bring this
legislation before the House of Representatives in an
expeditious manner, and accordingly, the Committee on
Transportation and Infrastructure will forego action on the.
bill. However, this is conditional on our mutual understanding
that foregoing consideration of the bill does not prejudice the
Committee with respect to the appointment of conferees or to
any future jurisdictional claim over the subject matters
contained in the bill or similar legislation that fall within
the Committee's Rule X jurisdiction. Further, this is
conditional on our understanding that mutually agreed upon
changes to the legislation will be incorporated into the bill
prior to floor consideration. Lastly, should a conference on
the bill be necessary, I request your support for the
appointment of conferees from the Committee on Transportation
and Infrastructure during any House-Senate conference convened
on this or related legislation.
I would ask that a copy of this letter and your response
acknowledging our jurisdictional interest as well as the
mutually agreed upon changes to be incorporated into the bill
be included in the Congressional Record during consideration of
the measure on the House floor, to memorialize our
understanding.
I look forward to working with the Committee on Homeland
Security as the bill moves through the legislative process.
Sincerely,
Bill Shuster,
Chairman.
----------
House of Representatives,
Committee on Homeland Security,
Washington, DC, December 7, 2017.
Hon. Bill Shuster,
Chairman, Committee on Transportation and Infrastructure,
Washington, DC.
Dear Chairman Shuster: Thank you for your letter regarding
H.R. 3548, the ``Border Security for America Act of 2017.'' I
appreciate your support in bringing this legislation before the
House of Representatives, and accordingly, understand that the
Committee on Transportation and Infrastructure will forego
further consideration of the bill.
The Committee on Homeland Security concurs with the mutual
understanding that by foregoing consideration of this bill at
this time, the Committee on Transportation and Infrastructure
does not waive any jurisdiction over the subject matter
contained in this bill and agrees to include mutually agreed
upon changes to the legislation prior to its consideration on
the House floor. In addition, should a conference on this bill
be necessary, I would support your request to have the
Committee represented on the conference committee.
I will insert copies of this exchange in the report on the
bill and in the Congressional Record during consideration of
this bill on the House floor. I thank you for your cooperation
in this matter.
Sincerely,
Michael T. McCaul,
Chairman.
----------
House of Representatives,
Committee on Ways and Means,
Washington, DC, January 10, 2018.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
Washington, DC.
Dear Chairman McCaul: I am writing with respect to H.R.
3548, the ``Border Security for America Act of 2017,'' on which
the Committee on Ways and Means was granted an additional
referral.
As a result of your having consulted with us on provisions
in H.R. 3548 that fall within the Rule X jurisdiction of the
Committee on Ways and Means, I agree to waive formal
consideration of this bill. The Committee on Ways and Means
takes this action with the mutual understanding that we do not
waive any jurisdiction over the subject matter contained in
this or similar legislation, and the Committee will be
appropriately consulted and involved as the bill or similar
legislation moves forward so that we may address any remaining
issues that fall within our jurisdiction. The Committee also
reserves the right to seek appointment of an appropriate number
of conferees to any House-Senate conference involving this or
similar legislation, and requests your support for such
request.
I would appreciate your response confirming this
understanding with respect to H.R. 3548 and ask that a copy of
our exchange of letters on this matter be included in the
Congressional Record during consideration of the bill on the
House floor.
Sincerely,
Kevin Brady,
Chairman.
----------
House of Representatives,
Committee on Homeland Security,
Washington, DC, January 9, 2018.
Hon. Kevin Brady,
Chairman, Committee on Ways and Means,
Washington, DC.
Dear Chairman Brady: Thank you for your letter regarding
H.R. 3548, the ``Border Security for America Act of 2017.'' I
appreciate your support in bringing this legislation before the
House of Representatives, and accordingly, understand that the
Committee on Ways and Means will forego further consideration
of the bill.
The Committee on Homeland Security concurs with the mutual
understanding that by foregoing consideration of this bill at
this time, the Committee on Ways and Means does not waive any
jurisdiction over the subject matter contained in this bill and
agrees to include mutually agreed upon modifications to the
legislation prior to its consideration on the House floor. In
addition, should a conference on this bill be necessary, I
would support your request to have the Committee represented on
the conference committee.
I will insert copies of this exchange in the report on the
bill and in the Congressional Record during consideration of
this bill on the House floor. I thank you for your cooperation
in this matter.
Sincerely,
Michael T. McCaul,
Chairman.
----------
House of Representatives,
Committee on Oversight and Government Reform,
Washington, DC, January 3, 2017.
Hon. Michael T. McCaul,
Chairman, Committee on Homeland Security,
Washington, DC.
Dear Mr. Chairman: I write concerning H.R. 3548, the
``Border Security for America Act of 2017.'' This bill would
make certain improvements to the security of the international
borders of the United States and contains provisions within the
jurisdiction of the Committee on Oversight and Government
Reform. As a result of your having consulted with me concerning
the provisions of the bill that fall within our Rule X
jurisdiction, I agree to forgo consideration of the bill, so
the bill may proceed expeditiously to the House floor.
The Committee takes this action with our mutual
understanding that by foregoing consideration of H.R. 3548 at
this time we do not waive any jurisdiction over the subject
matter contained in this or similar legislation, and we will be
appropriately consulted and involved as the bill or similar
legislation moves forward so that we may address any remaining
issues that fall within our Rule X jurisdiction. Further, I
request your support for the appointment of conferees from the
Committee on Oversight and Government Reform during any House-
Senate conference convened on this or related legislation.
Finally, I would appreciate your response to this letter
confirming this understanding and ask that a copy of our
exchange of letters on this matter be included in the bill
report filed by the Committee on Homeland Security, as well as
in the Congressional Record during floor consideration thereof.
Sincerely,
Trey Gowdy.
----------
House of Representatives,
Committee on Homeland Security,
Washington, DC, January 3, 2018.
Hon. Trey Gowdy,
Chairman, Committee on Oversight and Government Reform,
Washington, DC.
Dear Chairman Gowdy: Thank you for your letter regarding
H.R. 3548, the ``Border Security for America Act of 2017.'' I
appreciate your support in bringing this legislation before the
House of Representatives, and accordingly, understand that the
Committee on Oversight and Government Reform will forego
further consideration of the bill.
The Committee on Homeland Security concurs with the mutual
understanding that by foregoing consideration of this bill at
this time, the Committee on Oversight and Government Reform
does not waive any jurisdiction over the subject matter
contained in this bill and agrees to include mutually agreed
upon modifications to the legislation prior to its
consideration on the House floor. In addition, should a
conference on this bill be necessary, I would support your
request to have the Committee represented on the conference
committee.
I will insert copies of this exchange in the report on the
bill and in the Congressional Record during consideration of
this bill on the House floor. I thank you for your cooperation
in this matter.
Sincerely,
Michael T. McCaul,
Chairman.
DISSENTING VIEWS
We, the Committee Democrats, submit the following
dissenting views to H.R. 3548, a bill whose central aim is to
authorize President Donald J. Trump's proposed border wall
along the Southwest border (President Trump's Wall).
The ``Taking Americans Land to Build Trump's Wall Act,'' as
we have come to call it, abandons bipartisan Committee efforts
to ensure that the Department of Homeland Security's (DHS or
Department) border security initiatives are risk-based and
informed by metrics on the effectiveness of border security
programs to fulfill the President's baseless promise of
building a border wall at all costs. The partisan manner in
which this bill was developed and considered underscores this
overarching goal. As Members of this Committee, we are deeply
concerned about the harm this bill, if enacted, will needlessly
inflict on private landowners, ranchers, border communities,
the environment, and taxpayers.
Committee Democrats oppose authorizing $10 billion to build
President Trump's Wall because it would not be an effective way
of securing the border and is not justified based on the
metrics collected by the Department about conditions along the
U.S.-Mexico border between land ports of entry. The Department
issued a report in September 2017 which assessed border
security trends and concluded that ``available data indicate
that the southwest land border is more difficult to illegally
cross today than ever before.''\1\ In this same report, DHS
stated that both the number of illegal entries and
apprehensions are at the lowest levels since the early
1970s.\2\
---------------------------------------------------------------------------
\1\Department of Homeland Security, Office of Immigration
Statistics, ``Efforts by DHS to Estimate Southwest Border Security
between Ports of Entry,'' September 2017, 19.
\2\Ibid, 19.
---------------------------------------------------------------------------
Estimates for President Trump's Wall range from $20 billion
to $70 billion for construction alone.\3\ Over the past decade,
this Committee has tasked the Government Accountability Office
(GAO) with monitoring and evaluating the Department's
management of major border security acquisitions. GAO has
found, time and again, that the Department cannot keep an
accurate accounting of costs associated with acquiring,
deploying, operating, and maintaining such investments. In
fact, in February 2017, GAO found that CBP has failed to
properly assess the true costs of maintaining existing border
fencing and could not validate that existing fencing has
produced the intended results for border security.\4\
---------------------------------------------------------------------------
\3\U.S. Senate Committee on Homeland Security and Government
Affairs, Minority Staff, ``Southern Border Wall: Soaring Cost Estimates
and Lack of Planning Raise Fundamental Questions about the
Administration's Key Domestic Priority,'' April 18, 2017, 4.
\4\Government Accountability Office, ``Southwest Border Security:
Additional Actions Needed to Better Assess Fencing's Contributions to
Operations and Provide Guidance for Identifying Capability Gaps'' (GAO-
17-331), February 2017, 25.
---------------------------------------------------------------------------
Chairman Michael McCaul (R-TX), the bill's lead sponsor,
has said that the bill authorizes $15 billion to build
President Trump's Wall and deploy personnel and other tactical
infrastructure at and between the land ports. In actuality, the
cost to U.S. taxpayers for H.R. 3548 are likely to be far more
significant. On top of the $15 billion authorization, H.R. 3548
includes over $300 million in additional authorizations of
appropriations, including $100 million for Operation
Stonegarden.
Further, the bill uses ``such sums as may be necessary
language'' to avoid including a funding level for what are sure
to be substantial costs--the costs of adjusting CBP personnel
salaries. The decision to use the ``such sums'' clause and omit
offsets for the $15 billion in new funding authorized in the
bill is perplexing, as it violates standing protocols for
measures to be considered on the House Floor, as established by
House Republican leadership.
We would also note that H.R. 3548 requires 5,000 additional
Border Patrol Agents be hired within the next four years. Data
collected and published by the Department does not demonstrate
the need for more Agents. As the number of apprehensions
declined over the past two decades, the number of Border Patrol
Agents increased. Border Patrol reported 1.6 million
apprehensions in 2000, but by 2016, there were only about
409,000 apprehensions.\5\ While in 1995, there were 5,000
Agents deployed nationwide, since 2009, the number of Border
Patrol Agents has remained around 20,000.\6\ On average, each
Border Patrol Agent apprehended 182 illegal entrants in
2002.\7\ By 2016, apprehensions per Agent fell to roughly 18
per year\8\ and, in August, U.S. Customs and Border Protection
(CBP) reported that its year-to-date totals for Fiscal Year
2017 were 24% lower than the same period in FY 2016.\9\
Further, the Department's Inspector General concluded in a
report issued in July 2017 that CBP could not provide data to
support the operational need for 5,000 additional Agents.\10\
For these reasons, we see no justification for directing DHS to
undertake the costly task of recruiting, hiring, vetting,
training, and fielding 5,000 additional Agents.
---------------------------------------------------------------------------
\5\Ibid, 15.
\6\U.S. Customs and Border Protection, U.S. Border Patrol, ``U.S.
Border Patrol Fiscal Year Staffing Statistics (FY 1992-FY 2016),''
January 2017. https://www.cbp.gov/sites/default/files/assets/documents/
2016-Oct/BP%20Staffing%20FY1992-FY2016.pdf (accessed on October 11,
2017).
\7\Alex Nowrasteh, ``The Myth of Border Insecurity,'' Cato at
Liberty, Cato Institute, November 28, 2016, https://www.cato.org/blog/
myth-border-insecurity (accessed on October 11, 2017).
\8\Ibid.
\9\U.S. Customs and Border Protection, Southwest Border Migration
https://www.cbp.gov/newsroom/stats/sw-border-migration (accessed on
October 11, 2017).
\10\Department of Homeland Security, Office of the Inspector
General, ``Special Report: Challenges Facing DHS in Its Attempt to Hire
15,000 Border Patrol Agents and Immigration Officers,'' (OIG-17-98-SR)
July 27, 2017, 6.
---------------------------------------------------------------------------
Committee Democrats offered 21 amendments to the bill. All were
defeated.
Ranking Member Bennie Thompson (D-MS) offered amendments to
strike the authorization of President Trump's Wall from the
bill and to require the Secretary of Homeland Security to
utilize the current risk-based, field-informed Requirements
Management Process (RMP) to make decisions about acquiring and
deploying tactical infrastructure and technology. The
underlying bill includes pages of overly-prescriptive
technology and infrastructure requirements for each of the 20
Border Patrol sectors whose need has not been validated by CBP,
which currently uses the RMP process to inform its acquisitions
and deployment decisions. Amendments offered by Representatives
Nannette Barragan (D-CA) and Bill Keating (D-MA) also
underscored the Committee's longstanding interest in ensuring
future border security build-ups are informed, strategic,
realistic, and cost-effective. All these common-sense
amendments were rejected by the Committee Republicans.
An important reality that this bill ignores is that the
Federal government only owns a third of the land along the
Southwest border. As such, to build President Trump's Wall, the
Federalgovernment will have to acquire private property and
tribal lands, one way or another. If construction on this wall
proceeds, the Tohono O'odham Nation would be divided and lose 75 miles
of ancestral land along the Arizona-Mexico border. Tellingly, the White
House seems well aware of this reality and is gearing up to fight
ranchers and small landowners aggressively in the courts. In its 2018
Fiscal Year budget request, the White House requested funding to
establish an eminent domain unit of 20 attorneys within the Department
of Justice. To underscore the truth about the bill, Ranking Member
Thompson offered an amendment to change the short title of H.R. 3548 to
the ``Taking Americans Land to Build Trump's Wall Act.''
Representative Filemon Vela (D-TX), as the Ranking Member
of the Border and Maritime Subcommittee and whose district
represents a large portion of the Texas border with Mexico,
offered multiple amendments aimed at protecting private
property owners on the border. One of which would have
established a $20 million legal defense fund to assist
landowners who would have to battle both the Departments of
Homeland Security and Justice to receive just compensation for
the land that the Federal government takes. Another would have
put the private property owner's interests first by requiring
the Federal government to reach a settlement with landowners
regarding just compensation prior to taking land. A decade
after enactment of the ``Secure Fence Act,'' 93 Americans are
still waiting to receive payment for land taken by the Federal
government.\11\
---------------------------------------------------------------------------
\11\Johanna Mayer, ``Hitting a Wall at the Border: Eminent Domain
Fights Could Slow Construction of Trump's Dream, September 25, 2017,
https://www.pacermonitor.com/articles/20 17/09/25/hitting-a-wall-at-
the-border-eminent-domain-fights-could-slow-construction-of-trumps-
dream/ (accessed October 11, 2017).
---------------------------------------------------------------------------
Representative Vela also proposed a measure that would have
strengthened the voice of local communities as the Trump
Administration pursued its ill-advised border wall. It was
informed by evidence of CBP's poor track record of consulting
with local officials and residents, in a meaningful way, prior
to initiating major infrastructure projects in border
communities. This troubling pattern was evident when border
fencing was constructed a decade ago. In response, then-Senator
Kay Bailey Hutchison noted that landowners and local elected
officials ``felt bulldozed and ignored by the federal
government'' as it moved ahead with plans to build fencing in
Texas. Again, while Committee Democrats voted unanimously for
this amendment, all Members of the Majority rejected it.
Further spotlighting the Majority's interest in building
President Trump's Wall at all costs, this bill provides little
direction, limitations, or cost-control measures to the Trump
Administration. In fact, the only direction the bill gives is
the broad grant of unilateral authority to the Secretary of
Homeland Security to waive any and all laws or legal
requirements that might stand in the way or delay construction
of President Trump's Wall (Section 120). Representatives James
Langevin (D-RI) and Representative Kathleen Rice (D-NY) sought
to curb this Executive overreach in two separate amendments.
Representative Langevin offered an amendment, which was
cosponsored by Representative Keating, to strike Section 120 of
the underlying bill, which authorizes the Secretary of Homeland
Security to unilaterally waive over 30 laws, including the
Clean Water Act, Clean Air Act, and Endangered Species Act to
build President Trump's Wall. Representative Langevin noted how
abuse of this authority could lead to the end of the currently
endangered Texas Ocelot or the recently reemerging American
Jaguar in Arizona. In offering her amendment, Representative
Rice noted that there was a pending legal question as to
whether the waiver authority granted to the DHS Secretary in
prior law expired in 2008.\12\ The collateral effects of DHS
waiving laws intended to protect border communities and the
surrounding environment could have significant impacts on the
health and wellbeing of all who live in border communities.
Both the Langevin and Rice amendments were rejected outright by
Committee Republicans.
---------------------------------------------------------------------------
\12\The People of the State of California, By and Through Xavier
Becerra, Attorney General; the California Coastal Commission v. the
United States of America; United States Department of Homeland
Security; Acting Secretary Elaine Duke, In Her Official Capacity;
United States Customs and Border Protection; and Acting Commissioner
Kevin K. McAleenan, In His Official Capacity, Docket 17-cv-01911-W-BLM,
S.D. CA (September 20, 2017).
---------------------------------------------------------------------------
In an apparent attempt to provide cover for their votes
against the Langevin and Rice amendments, Committee Republicans
adopted two amendments offered by Representative Hurd that
purported to protect National Parks, like Big Bend National
Park, that are put at risk under H.R. 3548. Additionally,
Representative McSally offered a last-minute amendment to
remove the Freedom of Information Act from the list of Federal
laws that could be waived by DHS. We are troubled that instead
of joining with Committee Democrats to approve Democratic
amendment, Committee Republicans cynically chose to support
amendments targeted at providing limited relief from the wide-
scale threat of the Department exploiting the waiver authority
under this bill to set aside critical Federal laws that
underpin the health and wellbeing of Americans.
While we strongly oppose H.R. 3548, we would note that
there were a few areas of agreement. Committee Republicans
joined us in unanimously rejecting of President Trump's
conflicted, unrealistic, convoluted vision for the wall (Roll
Call 17) and in rejecting the ridiculous notion that Mexico
should reimburse the U.S. for its construction for it (Roll
Call 32). While we differ on how to secure the border, we are
glad that Republicans and Democrats agree that the President's
demands for his wall are nonsense, contradictory, and absurd.
In addition to the amendments discussed above, Committee
Democrats offered a number of other amendments that each failed
on a party line vote of 12-17. They were:
An Amendment offered by Representative
Barragan to limit the Border Patrol activity to no more
than 25 miles from the physical land border;
An Amendment offered by Representative
Donald Payne Jr. (D-NJ) to proportionately increase the
number of full-time investigators in CBP's Office of
Professional Responsibility in order to match the
oversight needed of the increased number of CBP law
enforcement personnel authorized in this bill; and
Amendments offered by Representative Sheila
Jackson Lee (D-TX) to hold the Department accountable
for the impact of border wall construction on
endangered species; oversee Border Patrol's treatment
of individuals encountered during operations; and
requesting information on the President's proclamation
issued on September 24th and its implications for the
Department of Homeland Security.
While Committee Democrats strongly oppose the central
feature of H.R. 3548, authorization of President Trump's Wall,
we would note that provisions related to land ports of entry
and the workforce in this bill could have been the basis for
working together on a bipartisan border security proposal that
addresses known, risk-based, fact-based border challenges.
Unfortunately, Committee Republicans, by advancing H.R. 3548
chose fulfilling President Trump's promise of a wall over
working together to address our border security challenges in a
thoughtful, informed, measured way.
Bennie G. Thompson.
James R. Langevin.
William R. Keating.
Filemon Vela.
Kathleen M. Rice.
Val B. Demings.
Sheila Jackson Lee.
Cedric L. Richmond.
Donald M. Payne, Jr.
Bonnie Watson Coleman.
J. Luis Correa.
Nanette D. Barragan
