[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2794 Reported in House (RH)]

<DOC>





                                                  Union Calendar No. 29
118th CONGRESS
  1st Session
                                H. R. 2794

                      [Report No. 118-45, Part I]

To secure the international borders of the United States, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 24, 2023

  Mr. Green of Tennessee (for himself, Mr. Higgins of Louisiana, Mr. 
   McCaul, Mr. Guest, Mr. Bishop of North Carolina, Mr. Gimenez, Mr. 
  Pfluger, Mr. Garbarino, Mr. LaLota, Mr. Ezell, Mr. D'Esposito, Mr. 
   Strong, Mr. Brecheen, Mr. Crane, Ms. Greene of Georgia, Mr. Tony 
Gonzales of Texas, Mr. Luttrell, and Ms. Lee of Florida) introduced the 
    following bill; which was referred to the Committee on Homeland 
Security, and in addition to the Committees on Ways and Means, and the 
 Judiciary, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

                              May 5, 2023

 Additional sponsors: Mr. Ellzey, Mr. Reschenthaler, Mr. Edwards, Mr. 
        Bean of Florida, Mr. Nehls, Mr. Sessions, and Mr. Pence

                              May 5, 2023

   Reported from the Committee on Homeland Security with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                              May 5, 2023

Committees on Ways and Means and the Judiciary discharged; committed to 
the Committee of the Whole House on the State of the Union and ordered 
                             to be printed
 [For text of introduced bill, see copy of bill as introduced on April 
                               24, 2023]


_______________________________________________________________________

                                 A BILL


 
To secure the international borders of the United States, and for other 
                               purposes.


 


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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Border 
Reinforcement Act of 2023''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Border wall construction.
Sec. 4. Strengthening the requirements for barriers along the southern 
                            border.
Sec. 5. Border and port security technology investment plan.
Sec. 6. Border security technology program management.
Sec. 7. U.S. Customs and Border Protection technology upgrades.
Sec. 8. U.S. Customs and Border Protection personnel.
Sec. 9. Anti-Border Corruption Act reauthorization.
Sec. 10. Establishment of workload staffing models for U.S. Border 
                            Patrol and Air and Marine Operations of 
                            CBP.
Sec. 11. Operation Stonegarden.
Sec. 12. Air and Marine Operations flight hours.
Sec. 13. Eradication of carrizo cane and salt cedar.
Sec. 14. Border patrol strategic plan.
Sec. 15. U.S. Customs and Border Protection spiritual readiness.
Sec. 16. Restrictions on funding.
Sec. 17. Collection of DNA and biometric information at the border.
Sec. 18. Eradication of narcotic drugs and formulating effective new 
                            tools to address yearly losses of life; 
                            ensuring timely updates to U.S. Customs and 
                            Border Protection field manuals.
Sec. 19. Publication by U.S. Customs and Border Protection of 
                            operational statistics.
Sec. 20. Alien criminal background checks.
Sec. 21. Prohibited identification documents at airport security 
                            checkpoints; notification to immigration 
                            agencies.
Sec. 22. Prohibition against any COVID-19 vaccine mandate or adverse 
                            action against DHS employees.
Sec. 23. CBP One app limitation.
Sec. 24. Report on designation of Mexican cartels as foreign terrorist 
                            organizations.
Sec. 25. GAO study on costs incurred by States to secure the southwest 
                            border.
Sec. 26. Report by Inspector General of the Department of Homeland 
                            Security.
Sec. 27. Offsetting authorizations of appropriations.
Sec. 28. Report to Congress on foreign terrorist organizations.
Sec. 29. Assessment by Inspector General of the Department of Homeland 
                            Security on the mitigation of unmanned 
                            aircraft systems at the southwest border.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) CBP.--The term ``CBP'' means U.S. Customs and Border 
        Protection.
            (2) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of U.S. Customs and Border Protection.
            (3) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (4) Operational control.--The term ``operational control'' 
        has the meaning given such term in section 2(b) of the Secure 
        Fence Act of 2006 (Public Law 109-367; 8 U.S.C. 1701 note).
            (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) Unmanned aircraft system.--The term ``unmanned aircraft 
        system'' has the meaning given such term in section 44801 of 
        title 49, United States Code.

SEC. 3. BORDER WALL CONSTRUCTION.

    (a) In General.--
            (1) Immediate resumption of border wall construction.--Not 
        later than seven days after the date of the enactment of this 
        section, the Secretary shall resume all activities related to 
        the construction of the border wall along the international 
        border between the United States and Mexico that were underway 
        or being planned for prior to January 20, 2021.
            (2) Use of funds.--To carry out this section, the Secretary 
        shall expend all unexpired funds appropriated or explicitly 
        obligated for the construction of the border wall that were 
        appropriated or obligated, as the case may be, for use 
        beginning on October 1, 2019.
            (3) Use of materials.--Any unused materials purchased 
        before the date of the enactment of this section for 
        construction of the border wall may be used for activities 
        related to the construction of the border wall in accordance 
        with paragraph (1).
    (b) Plan to Complete Tactical Infrastructure and Technology.--Not 
later than 90 days after the date of the enactment of this section and 
annually thereafter until construction of the border wall has been 
completed, the Secretary shall submit to the appropriate congressional 
committees an implementation plan, including annual benchmarks for the 
construction of 200 miles of such wall and associated cost estimates 
for satisfying all requirements of the construction of the border wall, 
including installation and deployment of tactical infrastructure, 
technology, and other elements as identified by the Department prior to 
January 20, 2021, through the expenditure of funds appropriated or 
explicitly obligated, as the case may be, for use, as well as any 
future funds appropriated or otherwise made available by Congress.
    (c) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Homeland Security and the Committee on Appropriations of the 
        House of Representatives and the Committee on Homeland Security 
        and Governmental Affairs and the Committee on Appropriations of 
        the Senate.
            (2) Tactical infrastructure.--The term ``tactical 
        infrastructure'' includes boat ramps, access gates, 
        checkpoints, lighting, and roads associated with a border wall.
            (3) Technology.--The term ``technology'' includes border 
        surveillance and detection technology, including linear ground 
        detection systems, associated with a border wall.

SEC. 4. STRENGTHENING THE REQUIREMENTS FOR BARRIERS ALONG THE SOUTHERN 
              BORDER.

    Section 102 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (Division C of Public Law 104-208; 8 U.S.C. 
1103 note) is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) In General.--The Secretary of Homeland Security shall take 
such actions as may be necessary (including the removal of obstacles to 
detection of illegal entrants) to design, test, construct, install, 
deploy, integrate, and operate physical barriers, tactical 
infrastructure, and technology in the vicinity of the southwest border 
to achieve situational awareness and operational control of the 
southwest border and deter, impede, and detect unlawful activity.'';
            (2) in subsection (b)--
                    (A) in the subsection heading, by striking 
                ``Fencing and Road Improvements'' and inserting 
                ``Physical Barriers'';
                    (B) in paragraph (1)--
                            (i) in the heading, by striking ``fencing'' 
                        and inserting ``barriers'';
                            (ii) by amending subparagraph (A) to read 
                        as follows:
                    ``(A) Reinforced barriers.--In carrying out this 
                section, the Secretary of Homeland Security shall 
                construct a border wall, including physical barriers, 
                tactical infrastructure, and technology, along not 
                fewer than 900 miles of the southwest border until 
                situational awareness and operational control of the 
                southwest border is achieved.'';
                            (iii) by amending subparagraph (B) to read 
                        as follows:
                    ``(B) Physical barriers and tactical 
                infrastructure.--In carrying out this section, the 
                Secretary of Homeland Security shall deploy along the 
                southwest border the most practical and effective 
                physical barriers, tactical infrastructure, and 
                technology available for achieving situational 
                awareness and operational control of the southwest 
                border.'';
                            (iv) in subparagraph (C)--
                                    (I) by amending clause (i) to read 
                                as follows:
                            ``(i) In general.--In carrying out this 
                        section, the Secretary of Homeland Security 
                        shall consult with the Secretary of the 
                        Interior, the Secretary of Agriculture, 
                        appropriate representatives of State, Tribal, 
                        and local governments, and appropriate private 
                        property owners in the United States to 
                        minimize the impact on natural resources, 
                        commerce, and sites of historical or cultural 
                        significance for the communities and residents 
                        located near the sites at which physical 
                        barriers, tactical infrastructure, and 
                        technology are to be constructed. Such 
                        consultation may not delay such construction 
                        for longer than seven days.''; and
                                    (II) in clause (ii)--
                                            (aa) in subclause (I), by 
                                        striking ``or'' after the 
                                        semicolon at the end;
                                            (bb) by amending subclause 
                                        (II) to read as follows:
                                    ``(II) delay the transfer to the 
                                United States of the possession of 
                                property or affect the validity of any 
                                property acquisition by the United 
                                States by purchase or eminent domain, 
                                or to otherwise affect the eminent 
                                domain laws of the United States or of 
                                any State; or''; and
                                            (cc) by adding at the end 
                                        the following new subclause:
                                    ``(III) create any right or 
                                liability for any party.''; and
                            (v) by striking subparagraph (D);
                    (C) in paragraph (2)--
                            (i) by striking ``Attorney General'' and 
                        inserting ``Secretary of Homeland Security'';
                            (ii) by striking ``this subsection'' and 
                        inserting ``this section''; and
                            (iii) by striking ``construction of 
                        fences'' and inserting ``the construction of 
                        physical barriers, tactical infrastructure, and 
                        technology'';
                    (D) by amending paragraph (3) to read as follows:
            ``(3) Agent safety.--In carrying out this section, the 
        Secretary of Homeland Security, when designing, testing, 
        constructing, installing, deploying, integrating, and operating 
        physical barriers, tactical infrastructure, or technology, 
        shall incorporate such safety features into such design, test, 
        construction, installation, deployment, integration, or 
        operation of such physical barriers, tactical infrastructure, 
        or technology, as the case may be, that the Secretary 
        determines are necessary to maximize the safety and 
        effectiveness of officers and agents of the Department of 
        Homeland Security or of any other Federal agency deployed in 
        the vicinity of such physical barriers, tactical 
        infrastructure, or technology.''; and
                    (E) in paragraph (4), by striking ``this 
                subsection'' and inserting ``this section'';
            (3) in subsection (c)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) In general.--Notwithstanding any other provision of 
        law, the Secretary of Homeland Security shall waive all legal 
        requirements necessary to ensure the expeditious design, 
        testing, construction, installation, deployment, integration, 
        operation, and maintenance of the physical barriers, tactical 
        infrastructure, and technology under this section. The 
        Secretary shall ensure the maintenance and effectiveness of 
        such physical barriers, tactical infrastructure, or technology. 
        Any such action by the Secretary shall be effective upon 
        publication in the Federal Register.'';
                    (B) by redesignating paragraph (2) as paragraph 
                (3); and
                    (C) by inserting after paragraph (1) the following 
                new paragraph:
            ``(2) Notification.--Not later than seven days after the 
        date on which the Secretary of Homeland Security exercises a 
        waiver pursuant to paragraph (1), the Secretary 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 such waiver.''; and
            (4) by adding at the end the following new subsections:
    ``(e) Technology.--In carrying out this section, the Secretary of 
Homeland Security shall deploy along the southwest border the most 
practical and effective technology available for achieving situational 
awareness and operational control.
    ``(f) Definitions.--In this section:
            ``(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) Operational control.--The term `operational control' 
        has the meaning given such term in section 2(b) of the Secure 
        Fence Act of 2006 (Public Law 109-367; 8 U.S.C. 1701 note).
            ``(3) Physical barriers.--The term `physical barriers' 
        includes reinforced fencing, the border wall, and levee walls.
            ``(4) Situational awareness.--The term `situational 
        awareness' has the meaning given such term in section 
        1092(a)(7) of the National Defense Authorization Act for Fiscal 
        Year 2017 (Public Law 114-328; 6 U.S.C. 223(a)(7)).
            ``(5) Tactical infrastructure.--The term `tactical 
        infrastructure' includes boat ramps, access gates, checkpoints, 
        lighting, and roads.
            ``(6) Technology.--The term `technology' includes border 
        surveillance and detection technology, including the following:
                    ``(A) Tower-based surveillance technology.
                    ``(B) Deployable, lighter-than-air ground 
                surveillance equipment.
                    ``(C) Vehicle and Dismount Exploitation Radars 
                (VADER).
                    ``(D) 3-dimensional, seismic acoustic detection and 
                ranging border tunneling detection technology.
                    ``(E) Advanced unattended surveillance sensors.
                    ``(F) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    ``(G) Unmanned aircraft systems.
                    ``(H) Tunnel detection systems and other seismic 
                technology.
                    ``(I) Fiber-optic cable.
                    ``(J) Other border detection, communication, and 
                surveillance technology.
            ``(7) Unmanned aircraft system.--The term `unmanned 
        aircraft system' has the meaning given such term in section 
        44801 of title 49, United States Code.''.

SEC. 5. BORDER AND PORT SECURITY TECHNOLOGY INVESTMENT PLAN.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this section, the Commissioner, in consultation with 
covered officials and border and port security technology stakeholders, 
shall submit to the appropriate congressional committees a strategic 5-
year technology investment plan (in this section referred to as the 
``plan''). The plan may include a classified annex, if appropriate.
    (b) Contents of Plan.--The plan shall include the following:
            (1) An analysis of security risks at and between ports of 
        entry along the northern and southern borders of the United 
        States.
            (2) An identification of capability gaps with respect to 
        security at and between such ports of entry to be mitigated in 
        order to--
                    (A) prevent terrorists and instruments of terror 
                from entering the United States;
                    (B) combat and reduce cross-border criminal 
                activity, including--
                            (i) the transport of illegal goods, such as 
                        illicit drugs; and
                            (ii) human smuggling and human trafficking; 
                        and
                    (C) facilitate the flow of legal trade across the 
                southwest border.
            (3) An analysis of current and forecast trends relating to 
        the number of aliens who--
                    (A) unlawfully entered the United States by 
                crossing the northern or southern border of the United 
                States; or
                    (B) are unlawfully present in the United States.
            (4) A description of security-related technology 
        acquisitions, to be listed in order of priority, to address the 
        security risks and capability gaps analyzed and identified 
        pursuant to paragraphs (1) and (2), respectively.
            (5) A description of each planned security-related 
        technology program, including objectives, goals, and timelines 
        for each such program.
            (6) An identification of each deployed security-related 
        technology that is at or near the end of the life cycle of such 
        technology.
            (7) A description of the test, evaluation, modeling, and 
        simulation capabilities, including target methodologies, 
        rationales, and timelines, necessary to support the acquisition 
        of security-related technologies pursuant to paragraph (4).
            (8) An identification and assessment of ways to increase 
        opportunities for communication and collaboration with the 
        private sector, small and disadvantaged businesses, 
        intragovernment entities, university centers of excellence, and 
        federal laboratories to ensure CBP is able to engage with the 
        market for security-related technologies that are available to 
        satisfy its mission needs before engaging in an acquisition of 
        a security-related technology.
            (9) An assessment of the management of planned security-
        related technology programs by the acquisition workforce of 
        CBP.
            (10) An identification of ways to leverage already-existing 
        acquisition expertise within the Federal Government.
            (11) A description of the security resources, including 
        information security resources, required to protect security-
        related technology from physical or cyber theft, diversion, 
        sabotage, or attack.
            (12) A description of initiatives to--
                    (A) streamline the acquisition process of CBP; and
                    (B) provide to the private sector greater 
                predictability and transparency with respect to such 
                process, including information relating to the timeline 
                for testing and evaluation of security-related 
                technology.
            (13) An assessment of the privacy and security impact on 
        border communities of security-related technology.
            (14) In the case of a new acquisition leading to the 
        removal of equipment from a port of entry along the northern or 
        southern border of the United States, a strategy to consult 
        with the private sector and community stakeholders affected by 
        such removal.
            (15) A strategy to consult with the private sector and 
        community stakeholders with respect to security impacts at a 
        port of entry described in paragraph (14).
            (16) An identification of recent technological advancements 
        in the following:
                    (A) Manned aircraft sensor, communication, and 
                common operating picture technology.
                    (B) Unmanned aerial systems and related technology, 
                including counter-unmanned aerial system technology.
                    (C) Surveillance technology, including the 
                following:
                            (i) Mobile surveillance vehicles.
                            (ii) Associated electronics, including 
                        cameras, sensor technology, and radar.
                            (iii) Tower-based surveillance technology.
                            (iv) Advanced unattended surveillance 
                        sensors.
                            (v) Deployable, lighter-than-air, ground 
                        surveillance equipment.
                    (D) Nonintrusive inspection technology, including 
                non-X-ray devices utilizing muon tomography and other 
                advanced detection technology.
                    (E) Tunnel detection technology.
                    (F) Communications equipment, including the 
                following:
                            (i) Radios.
                            (ii) Long-term evolution broadband.
                            (iii) Miniature satellites.
    (c) Leveraging the Private Sector.--To the extent practicable, the 
plan shall--
            (1) leverage emerging technological capabilities, and 
        research and development trends, within the public and private 
        sectors;
            (2) incorporate input from the private sector, including 
        from border and port security stakeholders, through requests 
        for information, industry day events, and other innovative 
        means consistent with the Federal Acquisition Regulation; and
            (3) identify security-related technologies that are in 
        development or deployed, with or without adaptation, that may 
        satisfy the mission needs of CBP.
    (d) Form.--To the extent practicable, the plan shall be published 
in unclassified form on the website of the Department.
    (e) Disclosure.--The plan shall include an identification of 
individuals not employed by the Federal Government, and their 
professional affiliations, who contributed to the development of the 
plan.
    (f) Update and Report.--Not later than the date that is two years 
after the date on which the plan is submitted to the appropriate 
congressional committees pursuant to subsection (a) and biennially 
thereafter for ten years, the Commissioner shall submit to the 
appropriate congressional committees--
            (1) an update of the plan, if appropriate; and
            (2) a report that includes--
                    (A) the extent to which each security-related 
                technology acquired by CBP since the initial submission 
                of the plan or most recent update of the plan, as the 
                case may be, is consistent with the planned technology 
                programs and projects described pursuant to subsection 
                (b)(5); and
                    (B) the type of contract and the reason for 
                acquiring each such security-related technology.
    (g) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Homeland Security and the 
                Committee on Appropriations of the House of 
                Representatives; and
                    (B) the Committee on Homeland Security and 
                Governmental Affairs and the Committee on 
                Appropriations of the Senate.
            (2) Covered officials.--The term ``covered officials'' 
        means--
                    (A) the Under Secretary for Management of the 
                Department;
                    (B) the Under Secretary for Science and Technology 
                of the Department; and
                    (C) the Chief Information Officer of the 
                Department.
            (3) Unlawfully present.--The term ``unlawfully present'' 
        has the meaning provided such term in section 212(a)(9)(B)(ii) 
        of the Immigration and Nationality Act (8 U.S.C. 
        1182(a)(9)(B)(ii)).

SEC. 6. 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. 437. 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 $100,000,000 (based on fiscal year 2023 
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 satisfying 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 satisfying 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 Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs of the Senate a plan for testing, evaluating, and using 
independent verification and validation of resources relating to the 
proposed acquisition of border security technology. Under such plan, 
the proposed acquisition of 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 436 the following new item:

``Sec. 437. Border security technology program management.''.
    (c) Prohibition on Additional Authorization of Appropriations.--No 
additional funds are authorized to be appropriated to carry out section 
437 of the Homeland Security Act of 2002, as added by subsection (a).

SEC. 7. U.S. CUSTOMS AND BORDER PROTECTION TECHNOLOGY UPGRADES.

    (a) Secure Communications.--The Commissioner shall ensure that each 
CBP officer or agent, as appropriate, is equipped with a secure radio 
or other two-way communication device that allows each such officer or 
agent to communicate--
            (1) between ports of entry and inspection stations; and
            (2) with other Federal, State, Tribal, and local law 
        enforcement entities.
    (b) Border Security Deployment Program.--
            (1) Expansion.--Not later than September 30, 2025, the 
        Commissioner shall--
                    (A) fully implement the Border Security Deployment 
                Program of CBP; and
                    (B) expand the integrated surveillance and 
                intrusion detection system at land ports of entry along 
                the northern and southern borders of the United States.
            (2) Authorization of appropriations.--In addition to 
        amounts otherwise authorized to be appropriated for such 
        purpose, there is authorized to be appropriated $33,000,000 for 
        fiscal years 2024 and 2025 to carry out paragraph (1).
    (c) Upgrade of License Plate Readers at Ports of Entry.--
            (1) Upgrade.--Not later than two years after the date of 
        the enactment of this section, the Commissioner shall upgrade 
        all existing license plate readers in need of upgrade, as 
        determined by the Commissioner, on the northern and southern 
        borders of the United States.
            (2) Authorization of appropriations.--In addition to 
        amounts otherwise authorized to be appropriated for such 
        purpose, there is authorized to be appropriated $125,000,000 
        for fiscal years 2023 and 2024 to carry out paragraph (1).

SEC. 8. U.S. CUSTOMS AND BORDER PROTECTION PERSONNEL.

    (a) Retention Bonus.--To carry out this section, there is 
authorized to be appropriated up to $100,000,000 to the Commissioner to 
provide a retention bonus to any front-line U.S. Border Patrol law 
enforcement agent--
            (1) whose position is equal to or below level GS-12 of the 
        General Schedule;
            (2) who has five years or more of service with the U.S. 
        Border Patrol; and
            (3) who commits to two years of additional service with the 
        U.S. Border Patrol upon acceptance of such bonus.
    (b) Border Patrol Agents.--Not later than September 30, 2025, the 
Commissioner shall hire, train, and assign a sufficient number of 
Border Patrol agents to maintain an active duty presence of not fewer 
than 22,000 full-time equivalent Border Patrol agents, who may not 
perform the duties of processing coordinators.
    (c) Prohibition Against Alien Travel.--No personnel or equipment of 
Air and Marine Operations may be used for the transportation of non-
detained aliens, or detained aliens expected to be administratively 
released upon arrival, from the southwest border to destinations within 
the United States.
    (d) GAO Report.--If the staffing level required under this section 
is not achieved by the date associated with such level, the Comptroller 
General of the United States shall--
            (1) conduct a review of the reasons why such level was not 
        so achieved; and
            (2) not later than September 30, 2027, publish on a 
        publicly available website of the Government Accountability 
        Office a report relating thereto.

SEC. 9. ANTI-BORDER CORRUPTION ACT REAUTHORIZATION.

    (a) Hiring Flexibility.--Section 3 of the Anti-Border Corruption 
Act of 2010 (6 U.S.C. 221; Public Law 111-376) is amended by striking 
subsection (b) and inserting the following new subsections:
    ``(b) Waiver Requirement.--Subject to subsection (c), the 
Commissioner of U.S. Customs and Border Protection shall 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; and
                    ``(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;
            ``(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; or
            ``(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 in subparagraph (B).
    ``(c) Termination of Waiver Requirement; Snap-back.--The 
requirement to issue a waiver under subsection (b) shall terminate if 
the Commissioner of U.S. Customs and Border Protection (CBP) certifies 
to the Committee on Homeland Security of the House of Representatives 
and the Committee on Homeland Security and Governmental Affairs of the 
Senate that CBP has met all requirements pursuant to section 8 of the 
Border Reinforcement Act of 2023 relating to personnel levels. If at 
any time after such certification personnel levels fall below such 
requirements, the Commissioner shall waive the application of 
subsection (a)(1) until such time as the Commissioner re-certifies to 
such Committees that CBP has so met all such requirements.''.
    (b) Supplemental Commissioner Authority; Reporting; Definitions.--
The Anti-Border Corruption Act of 2010 is amended by adding at the end 
the following new sections:

``SEC. 5. SUPPLEMENTAL COMMISSIONER AUTHORITY.

    ``(a) Nonexemption.--An individual who receives a waiver under 
section 3(b) is not exempt from any 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.--An 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. 6. 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, the following:
            ``(1) Information relating to the number of waivers granted 
        under such section 3(b).
            ``(2) Information relating to the percentage of applicants 
        who were hired after receiving such a waiver.
            ``(3) Information relating to the number of instances that 
        a polygraph was administered to an applicant who initially 
        received such a waiver and the results of such polygraph.
            ``(4) An assessment of the current impact of such waiver 
        authority on filling law enforcement positions at U.S. Customs 
        and Border Protection.
            ``(5) An identification of additional authorities needed by 
        U.S. Customs and Border Protection to better utilize such 
        waiver authority for its intended goals.
    ``(b) Additional Information.--The first report submitted under 
subsection (a) shall include the following:
            ``(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 applicants or employees for suitability for 
        employment or continued employment, as the case may be.
            ``(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. 7. DEFINITIONS.

    ``In this Act:
            ``(1) Federal law enforcement officer.--The term `Federal 
        law enforcement officer' means a `law enforcement officer', as 
        such term is 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.''.
    (c) Polygraph Examiners.--Not later than September 30, 2025, 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 
section.

SEC. 10. ESTABLISHMENT OF WORKLOAD STAFFING MODELS FOR U.S. BORDER 
              PATROL AND AIR AND MARINE OPERATIONS OF CBP.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Commissioner, in coordination with the Under 
Secretary for Management, the Chief Human Capital Officer, and the 
Chief Financial Officer of the Department, shall implement a workload 
staffing model for each of the following:
            (1) The U.S. Border Patrol.
            (2) Air and Marine Operations of CBP.
    (b) Responsibilities of the Commissioner.--Subsection (c) of 
section 411 of the Homeland Security Act of 2002 (6 U.S.C. 211), is 
amended--
            (1) by redesignating paragraphs (18) and (19) as paragraphs 
        (20) and (21), respectively; and
            (2) by inserting after paragraph (17) the following new 
        paragraphs:
            ``(18) implement a staffing model for the U.S. Border 
        Patrol, Air and Marine Operations, and the Office of Field 
        Operations that includes consideration for essential frontline 
        operator activities and functions, variations in operating 
        environments, present and planned infrastructure, present and 
        planned technology, and required operations support levels to 
        enable such entities to manage and assign personnel of such 
        entities to ensure field and support posts possess adequate 
        resources to carry out duties specified in this section;
            ``(19) develop standard operating procedures for a 
        workforce tracking system within the U.S. Border Patrol, Air 
        and Marine Operations, and the Office of Field Operations, 
        train the workforce of each of such entities on the use, 
        capabilities, and purpose of such system, and implement 
        internal controls to ensure timely and accurate scheduling and 
        reporting of actual completed work hours and activities;''.
    (c) Report.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this section with respect to subsection (a) 
        and paragraphs (18) and (19) of section 411(c) of the Homeland 
        Security Act of 2002 (as amended by subsection (b)), and 
        annually thereafter with respect to such paragraphs (18) and 
        (19), the Secretary shall submit to the appropriate 
        congressional committees a report that includes a status update 
        on the following:
                    (A) The implementation of such subsection (a) and 
                such paragraphs (18) and (19).
                    (B) Each relevant workload staffing model.
            (2) Data sources and methodology required.--Each report 
        required under paragraph (1) shall include information relating 
        to the data sources and methodology used to generate each 
        relevant staffing model.
    (d) Inspector General Review.--Not later than 90 days after the 
Commissioner develops the workload staffing models pursuant to 
subsection (a), the Inspector General of the Department shall review 
such models and provide feedback to the Secretary and the appropriate 
congressional committees with respect to the degree to which such 
models are responsive to the recommendations of the Inspector General, 
including the following:
            (1) Recommendations from the Inspector General's February 
        2019 audit.
            (2) Any further recommendations to improve such models.
    (e) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Homeland Security of the House of 
        Representatives; and
            (2) the Committee on Homeland Security and Governmental 
        Affairs of the Senate.

SEC. 11. 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. 2010. 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 State administrative 
agencies, 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 shall--
            ``(1) be located in--
                    ``(A) a State bordering Canada or Mexico; or
                    ``(B) a State or territory with a maritime border;
            ``(2) be involved in an active, ongoing, U.S. Customs and 
        Border Protection operation coordinated through a U.S. Border 
        Patrol sector office; and
            ``(3) have an agreement in place with U.S. Immigration and 
        Customs Enforcement to support enforcement operations.
    ``(c) Permitted Uses.--A recipient of a grant under this section 
may use such grant for costs associated with the following:
            ``(1) Equipment, including maintenance and sustainment.
            ``(2) Personnel, including overtime and backfill, in 
        support of enhanced border law enforcement activities.
            ``(3) Any activity permitted for Operation Stonegarden 
        under the most recent fiscal year Department of Homeland 
        Security's Homeland Security Grant Program Notice of Funding 
        Opportunity.
    ``(d) Period of Performance.--The Secretary shall award grants 
under this section to grant recipients for a period of not fewer than 
36 months.
    ``(e) Notification.--Upon denial of a grant to a law enforcement 
agency, the Administrator shall provide written notice to the Committee 
on Homeland Security of the House of Representatives and the Committee 
on Homeland Security and Governmental Affairs of the Senate, including 
the reasoning for such denial.
    ``(f) Report.--For each of fiscal years 2024 through 2028 the 
Administrator 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 contains--
            ``(1) information on the expenditure of grants made under 
        this section by each grant recipient; and
            ``(2) recommendations for other uses of such grants to 
        further support eligible law enforcement agencies.
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated $110,000,000 for each of fiscal years 2024 through 2028 
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, 2009, and 2010 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 2009 the following new item:

``Sec. 2010. Operation Stonegarden.''.

SEC. 12. AIR AND MARINE OPERATIONS FLIGHT HOURS.

    (a) Air and Marine Operations Flight Hours.--Not later than 120 
days after the date of enactment of this Act, the Secretary shall 
ensure that not fewer than 110,000 annual flight hours are carried out 
by Air and Marine Operations of CBP.
    (b) Unmanned Aircraft Systems.--The Secretary, after coordination 
with the Administrator of the Federal Aviation Administration, shall 
ensure that Air and Marine Operations operate unmanned aircraft systems 
on the southern border of the United States for not less than 24 hours 
per day.
    (c) Primary Missions.--The Commissioner shall ensure the following:
            (1) The primary missions for Air and Marine Operations are 
        to directly support the following:
                    (A) U.S. Border Patrol activities along the borders 
                of the United States.
                    (B) Joint Interagency Task Force South and Joint 
                Task Force East operations in the transit zone.
            (2) The Executive Assistant Commissioner of Air and Marine 
        Operations assigns the greatest priority to support missions 
        specified in paragraph (1).
    (d) High Demand Flight Hour Requirements.--The Commissioner shall--
            (1) ensure that U.S. Border Patrol Sector Chiefs identify 
        air support mission-critical hours; and
            (2) direct Air and Marine Operations to support requests 
        from such Sector Chiefs as a component of the primary mission 
        of Air and Marine Operations in accordance with subsection 
        (c)(1)(A).
    (e) Contract Air Support Authorizations.--The Commissioner shall 
contract for air support mission-critical hours to meet the requests 
for such hours, as identified pursuant to subsection (d).
    (f) Small Unmanned Aircraft Systems.--
            (1) In general.--The Chief of the U.S. Border Patrol shall 
        be the executive agent with respect to the use of small 
        unmanned aircraft by CBP for the purposes of the following:
                    (A) Meeting the unmet flight hour operational 
                requirements of the U.S. Border Patrol.
                    (B) Achieving situational awareness and operational 
                control of the borders of the United States.
            (2) Coordination.--In carrying out paragraph (1), the Chief 
        of the U.S. Border Patrol shall coordinate--
                    (A) flight operations with the Administrator of the 
                Federal Aviation Administration to ensure the safe and 
                efficient operation of the national airspace system; 
                and
                    (B) with the Executive Assistant Commissioner for 
                Air and Marine Operations of CBP to--
                            (i) ensure the safety of other CBP aircraft 
                        flying in the vicinity of small unmanned 
                        aircraft operated by the U.S. Border Patrol; 
                        and
                            (ii) establish a process to include data 
                        from flight hours in the calculation of got 
                        away statistics.
            (3) Conforming amendment.--Paragraph (3) of section 411(e) 
        of the Homeland Security Act of 2002 (6 U.S.C. 211(e)) is 
        amended--
                    (A) in subparagraph (B), by striking ``and'' after 
                the semicolon at the end;
                    (B) by redesignating subparagraph (C) as 
                subparagraph (D); and
                    (C) by inserting after subparagraph (B) the 
                following new subparagraph:
                    ``(C) carry out the small unmanned aircraft (as 
                such term is defined in section 44801 of title 49, 
                United States Code) requirements pursuant to subsection 
                (f) of section 12 of the Border Reinforcement Act of 
                2023; and''.
    (g) Savings Clause.--Nothing in this section may be construed as 
conferring, transferring, or delegating to the Secretary, the 
Commissioner, the Executive Assistant Commissioner for Air and Marine 
Operations of CBP, or the Chief of the U.S. Border Patrol any authority 
of the Secretary of Transportation or the Administrator of the Federal 
Aviation Administration relating to the use of airspace or aviation 
safety.
    (h) Definitions.--In this section:
            (1) Got away.--The term ``got away'' has the meaning given 
        such term in section 1092(a)(3) of the National Defense 
        Authorization Act for Fiscal Year 2017 (Public Law 114-328; 6 
        U.S.C. 223(a)(3)).
            (2) 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)(8)).

SEC. 13. ERADICATION OF CARRIZO CANE AND SALT CEDAR.

    (a) In General.--Not later than 30 days after the date of the 
enactment of this Act, the Secretary, in coordination with the heads of 
relevant Federal, State, and local agencies, shall hire contractors to 
begin eradicating the carrizo cane plant and any salt cedar along the 
Rio Grande River that impedes border security operations. Such 
eradication shall be completed--
            (1) by not later than September 30, 2027, except for 
        required maintenance; and
            (2) in the most expeditious and cost-effective manner 
        possible to maintain clear fields of view.
    (b) Application.--The waiver authority under subsection (c) of 
section 102 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1103 note), as amended by section 
4 of this Act, shall apply to activities carried out pursuant to 
subsection (a).
    (c) Report.--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 strategic 
plan to eradicate all carrizo cane plant and salt cedar along the Rio 
Grande River that impedes border security operations by not later than 
September 30, 2027.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated $7,000,000 for each of fiscal years 2024 through 2028 to 
the Secretary to carry out this subsection.

SEC. 14. BORDER PATROL STRATEGIC PLAN.

    (a) In General.--Not later than one year after the date of the 
enactment of this section and biennially thereafter, the Commissioner, 
acting through the Chief of the U.S. Border Patrol, shall issue a 
Border Patrol Strategic Plan (referred to in this section as the 
``plan'') to enhance the security of the international borders of the 
United States.
    (b) Elements.--The plan shall include the following:
            (1) A consideration of Border Patrol Capability Gap 
        Analysis reporting, Border Security Improvement Plans, and any 
        other strategic document authored by the U.S. Border Patrol to 
        address security gaps between ports of entry, including efforts 
        to mitigate threats identified in such analyses, plans, and 
        documents.
            (2) Information relating to the dissemination of 
        information relating to border security or border threats with 
        respect to the efforts of the Department and other appropriate 
        Federal agencies.
            (3) Information relating to efforts by U.S. Border Patrol 
        to--
                    (A) increase situational awareness, including--
                            (i) surveillance capabilities, such as 
                        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 aircraft;
                    (B) detect and prevent terrorists and instruments 
                of terrorism from entering the United States;
                    (C) detect, interdict, and disrupt between ports of 
                entry aliens unlawfully present in the United States;
                    (D) detect, interdict, and disrupt human smuggling, 
                human trafficking, drug trafficking, and other illicit 
                cross-border activity;
                    (E) focus intelligence collection to disrupt 
                transnational criminal organizations outside of the 
                international and maritime borders of the United 
                States; and
                    (F) ensure that any new border security technology 
                can be operationally integrated with existing 
                technologies in use by the Department.
            (4) Information relating to initiatives of the Department 
        with respect to operational coordination, including any 
        relevant task forces of the Department.
            (5) Information gathered from the lessons learned by the 
        deployments of the National Guard to the southern border of the 
        United States.
            (6) A description of cooperative agreements relating to 
        information sharing with State, local, Tribal, territorial, and 
        other Federal law enforcement agencies that have jurisdiction 
        on the borders of the United States.
            (7) Information relating to border security information 
        received from the following:
                    (A) State, local, Tribal, territorial, and other 
                Federal law enforcement agencies that have jurisdiction 
                on the borders of the United States or in the maritime 
                environment.
                    (B) Border community stakeholders, including 
                representatives from the following:
                            (i) Border agricultural and ranching 
                        organizations.
                            (ii) Business and civic organizations.
                            (iii) Hospitals and rural clinics within 
                        150 miles of the borders of the United States.
                            (iv) Victims of crime committed by aliens 
                        unlawfully present in the United States.
                            (v) Victims impacted by drugs, 
                        transnational criminal organizations, cartels, 
                        gangs, or other criminal activity.
                            (vi) Farmers, ranchers, and property owners 
                        along the border.
                            (vii) Other individuals negatively impacted 
                        by illegal immigration.
            (8) Information relating to the staffing requirements with 
        respect to border security for the Department.
            (9) A prioritized list of Department research and 
        development objectives to enhance the security of the borders 
        of the United States.
            (10) An assessment of training programs, including such 
        programs relating to the following:
                    (A) Identifying and detecting fraudulent documents.
                    (B) Understanding the scope of CBP enforcement 
                authorities and appropriate use of force policies.
                    (C) Screening, identifying, and addressing 
                vulnerable populations, such as children and victims of 
                human trafficking.

SEC. 15. U.S. CUSTOMS AND BORDER PROTECTION SPIRITUAL READINESS.

    Not later than one year after the enactment of this Act and 
annually thereafter for five years, 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 a report on the availability and usage of the assistance of 
chaplains, prayer groups, houses of worship, and other spiritual 
resources for members of CBP who identify as religiously-affiliated and 
have attempted suicide, have suicidal ideation, or are at risk of 
suicide, and metrics on the impact such resources have in assisting 
religiously-affiliated members who have access to and utilize such 
resources compared to religiously-affiliated members who do not.

SEC. 16. RESTRICTIONS ON FUNDING.

    (a) Arriving Aliens.--No funds are authorized to be appropriated to 
the Department to process the entry into the United States of aliens 
arriving in between ports of entry.
    (b) Restriction on Nongovernmental Organization Support for 
Unlawful Activity.--No funds are authorized to be appropriated to the 
Department for disbursement to any nongovernmental organization that 
facilitates or encourages unlawful activity, including unlawful entry, 
human trafficking, human smuggling, drug trafficking, and drug 
smuggling.
    (c) Restriction on Nongovernmental Organization Facilitation of 
Illegal Immigration.--No funds are authorized to be appropriated to the 
Department for disbursement to any nongovernmental organization to 
provide, or facilitate the provision of, transportation, lodging, or 
immigration legal services to inadmissible aliens who enter the United 
States after the date of the enactment of this Act.

SEC. 17. COLLECTION OF DNA AND BIOMETRIC INFORMATION AT THE BORDER.

    Not later than 14 days after the date of the enactment of this Act, 
the Secretary shall ensure and certify to the Committee on Homeland 
Security of the House of Representatives and the Committee on Homeland 
Security and Governmental Affairs of the Senate that CBP is fully 
compliant with Federal DNA and biometric collection requirements at 
United States land borders.

SEC. 18. ERADICATION OF NARCOTIC DRUGS AND FORMULATING EFFECTIVE NEW 
              TOOLS TO ADDRESS YEARLY LOSSES OF LIFE; ENSURING TIMELY 
              UPDATES TO U.S. CUSTOMS AND BORDER PROTECTION FIELD 
              MANUALS.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, and not less frequently than triennially 
thereafter, the Commissioner of U.S. Customs and Border Protection 
shall review and update, as necessary, the current policies and manuals 
of the Office of Field Operations related to inspections at ports of 
entry, and the U.S. Border Patrol related to inspections between ports 
of entry, to ensure the uniform implementation of inspection practices 
that will effectively respond to technological and methodological 
changes designed to disguise unlawful activity, such as the smuggling 
of drugs and humans, along the border.
    (b) Reporting Requirement.--Not later than 90 days after each 
update required under subsection (a), the Commissioner of U.S. Customs 
and Border Protection shall submit to the Committee on Homeland 
Security and the Committee on the Judiciary of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs and the Committee on the Judiciary of the Senate a report that 
summarizes any policy and manual changes pursuant to subsection (a).

SEC. 19. PUBLICATION BY U.S. CUSTOMS AND BORDER PROTECTION OF 
              OPERATIONAL STATISTICS.

    (a) In General.--Not later than the seventh day of each month 
beginning with the second full month after the date of the enactment of 
this Act, the Commissioner of U.S. Customs and Border Protection shall 
publish on a publicly available website of the Department of Homeland 
Security information relating to the total number of alien encounters 
and nationalities, unique alien encounters and nationalities, gang 
affiliated apprehensions and nationalities, drug seizures, alien 
encounters included in the terrorist screening database and 
nationalities, arrests of criminal aliens or individuals wanted by law 
enforcement and nationalities, known got aways, encounters with 
deceased aliens, and all other related or associated statistics 
recorded by U.S. Customs and Border Protection during the immediately 
preceding month. Each such publication shall include the following:
            (1) The aggregate such number, and such number 
        disaggregated by geographic regions, of such recordings and 
        encounters, including specifications relating to whether such 
        recordings and encounters were at the southwest, northern, or 
        maritime border.
            (2) An identification of the Office of Field Operations 
        field office, U.S. Border Patrol sector, or Air and Marine 
        Operations branch making each recording or encounter.
            (3) Information relating to whether each recording or 
        encounter of an alien was of a single adult, an unaccompanied 
        alien child, or an individual in a family unit.
            (4) Information relating to the processing disposition of 
        each alien recording or encounter.
            (5) Information relating to the nationality of each alien 
        who is the subject of each recording or encounter.
            (6) The total number of individuals included in the 
        terrorist screening database (as such term is defined in 
        section 2101 of the Homeland Security Act of 2002 (6 U.S.C. 
        621)) who have repeatedly attempted to cross unlawfully into 
        the United States.
            (7) The total number of individuals included in the 
        terrorist screening database who have been apprehended, 
        including information relating to whether such individuals were 
        released into the United States or removed.
    (b) Exceptions.--If the Commissioner of U.S. Customs and Border 
Protection in any month does not publish the information required under 
subsection (a), or does not publish such information by the date 
specified in such subsection, the Commissioner shall brief the 
Committee on Homeland Security of the House of Representatives and the 
Committee on Homeland Security and Governmental Affairs of the Senate 
regarding the reason relating thereto, as the case may be, by not later 
than the date that is two business days after the tenth day of such 
month.
    (c) Definitions.--In this section:
            (1) Alien encounters.--The term ``alien encounters'' means 
        aliens apprehended, determined inadmissible, or processed for 
        removal by U.S. Customs and Border Protection.
            (2) Got away.--The term ``got away'' has the meaning given 
        such term in section 1092(a) of the National Defense 
        Authorization Act for Fiscal Year 2017 (6 U.S.C. 223(a)).
            (3) Terrorist screening database.--The term ``terrorist 
        screening database'' has the meaning given such term in section 
        2101 of the Homeland Security Act of 2002 (6 U.S.C. 621).
            (4) Unaccompanied alien child.--The term ``unaccompanied 
        alien child'' has the meaning given such term in section 462(g) 
        of the Homeland Security Act of 2002 (6 U.S.C. 279(g)).

SEC. 20. ALIEN CRIMINAL BACKGROUND CHECKS.

    (a) In General.--Not later than seven days after the date of the 
enactment of this Act, the Commissioner shall certify to the Committee 
on Homeland Security and the Committee on the Judiciary of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs and the Committee on the Judiciary of the Senate that CBP has 
real-time access to the criminal history databases of all countries of 
origin and transit for aliens encountered by CBP to perform criminal 
history background checks for such aliens.
    (b) Standards.--The certification required under subsection (a) 
shall also include a determination whether the criminal history 
databases of a country are accurate, up to date, digitized, searchable, 
and otherwise meet the standards of the Federal Bureau of Investigation 
for criminal history databases maintained by State and local 
governments.
    (c) Certification.--The Secretary shall annually submit to the 
Committee on Homeland Security and the Committee on the Judiciary of 
the House of Representatives and the Committee on Homeland Security and 
Governmental Affairs and the Committee on the Judiciary of the Senate a 
certification that each database referred to in subsection (b) which 
the Secretary accessed or sought to access pursuant to this section met 
the standards described in subsection (b).

SEC. 21. PROHIBITED IDENTIFICATION DOCUMENTS AT AIRPORT SECURITY 
              CHECKPOINTS; NOTIFICATION TO IMMIGRATION AGENCIES.

    (a) In General.--The Administrator may not accept as valid proof of 
identification a prohibited identification document at an airport 
security checkpoint.
    (b) Notification to Immigration Agencies.--If an individual 
presents a prohibited identification document to an officer of the 
Transportation Security Administration at an airport security 
checkpoint, the Administrator shall promptly notify the Director of 
U.S. Immigration and Customs Enforcement, the Director of U.S. Customs 
and Border Protection, and the head of the appropriate local law 
enforcement agency to determine whether the individual is in violation 
of any term of release from the custody of any such agency.
    (c) Entry Into Sterile Areas.--
            (1) In general.--Except as provided in paragraph (2), if an 
        individual is found to be in violation of any term of release 
        under subsection (b), the Administrator may not permit such 
        individual to enter a sterile area.
            (2) Exception.--An individual presenting a prohibited 
        identification document under this section may enter a sterile 
        area if the individual--
                    (A) is leaving the United States for the purposes 
                of removal or deportation; or
                    (B) presents a covered identification document.
    (d) Collection of Biometric Information From Certain Individuals 
Seeking Entry Into the Sterile Area of an Airport.--Beginning not later 
than 120 days after the date of the enactment of this Act, the 
Administrator shall collect biometric information from an individual 
described in subsection (e) prior to authorizing such individual to 
enter into a sterile area.
    (e) Individual Described.--An individual described in this 
subsection is an individual who--
            (1) is seeking entry into the sterile area of an airport;
            (2) does not present a covered identification document; and
            (3) the Administrator cannot verify is a national of the 
        United States.
    (f) Participation in IDENT.--Beginning not later than 120 days 
after the date of the enactment of this Act, the Administrator, in 
coordination with the Secretary, shall submit biometric data collected 
under this section to the Automated Biometric Identification System 
(IDENT).
    (g) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Transportation Security Administration.
            (2) Biometric information.--The term ``biometric 
        information'' means any of the following:
                    (A) A fingerprint.
                    (B) A palm print.
                    (C) A photograph, including--
                            (i) a photograph of an individual's face 
                        for use with facial recognition technology; and
                            (ii) a photograph of any physical or 
                        anatomical feature, such as a scar, skin mark, 
                        or tattoo.
                    (D) A signature.
                    (E) A voice print.
                    (F) An iris image.
            (3) Covered identification document.--The term ``covered 
        identification document'' means any of the following, if the 
        document is valid and unexpired:
                    (A) A United States passport or passport card.
                    (B) A biometrically secure card issued by a trusted 
                traveler program of the Department of Homeland 
                Security, including--
                            (i) Global Entry;
                            (ii) Nexus;
                            (iii) Secure Electronic Network for 
                        Travelers Rapid Inspection (SENTRI); and
                            (iv) Free and Secure Trade (FAST).
                    (C) An identification card issued by the Department 
                of Defense, including such a card issued to a 
                dependent.
                    (D) Any document required for admission to the 
                United States under section 211(a) of the Immigration 
                and Nationality Act (8 U.S.C. 1181(a)).
                    (E) An enhanced driver's license issued by a State.
                    (F) A photo identification card issued by a 
                federally recognized Indian Tribe.
                    (G) A personal identity verification credential 
                issued in accordance with Homeland Security 
                Presidential Directive 12.
                    (H) A driver's license issued by a province of 
                Canada.
                    (I) A Secure Certificate of Indian Status issued by 
                the Government of Canada.
                    (J) A Transportation Worker Identification 
                Credential.
                    (K) A Merchant Mariner Credential issued by the 
                Coast Guard.
                    (L) A Veteran Health Identification Card issued by 
                the Department of Veterans Affairs.
                    (M) Any other document the Administrator 
                determines, pursuant to a rule making in accordance 
                with section 553 of title 5, United States Code, will 
                satisfy the identity verification procedures of the 
                Transportation Security Administration.
            (4) Immigration laws.--The term ``immigration laws'' has 
        the meaning given that term in section 101 of the Immigration 
        and Nationality Act (8 U.S.C. 1101).
            (5) Prohibited identification document.--The term 
        ``prohibited identification document'' means any of the 
        following (or any applicable successor form):
                    (A) U.S. Immigration and Customs Enforcement Form 
                I-200, Warrant for Arrest of Alien.
                    (B) U.S. Immigration and Customs Enforcement Form 
                I-205, Warrant of Removal/Deportation.
                    (C) U.S. Immigration and Customs Enforcement Form 
                I-220A, Order of Release on Recognizance.
                    (D) U.S. Immigration and Customs Enforcement Form 
                I-220B, Order of Supervision.
                    (E) Department of Homeland Security Form I-862, 
                Notice to Appear.
                    (F) U.S. Customs and Border Protection Form I-94, 
                Arrival/Departure Record (including a print-out of an 
                electronic record).
                    (G) Department of Homeland Security Form I-385, 
                Notice to Report.
                    (H) Any document that directs an individual to 
                report to the Department of Homeland Security.
                    (I) Any Department of Homeland Security work 
                authorization or employment verification document.
            (6) Sterile area.--The term ``sterile area'' has the 
        meaning given that term in section 1540.5 of title 49, Code of 
        Federal Regulations, or any successor regulation.

SEC. 22. PROHIBITION AGAINST ANY COVID-19 VACCINE MANDATE OR ADVERSE 
              ACTION AGAINST DHS EMPLOYEES.

    (a) Limitation on Imposition of New Mandate.--The Secretary may not 
issue any COVID-19 vaccine mandate unless Congress expressly authorizes 
such a mandate.
    (b) Prohibition on Adverse Action.--The Secretary may not take any 
adverse action against a Department employee based solely on the 
refusal of such employee to receive a vaccine for COVID-19.
    (c) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Secretary shall report to the Committee on Homeland 
Security of the House of Representatives and the Committee on Homeland 
Security and Governmental Affairs of the Senate on the following:
            (1) The number of Department employees who were terminated 
        or resigned due to the COVID-19 vaccine mandate.
            (2) An estimate of the cost to reinstate such employees.
            (3) How the Department would effectuate reinstatement of 
        such employees.
    (d) Retention and Development of Unvaccinated Employees.--The 
Secretary shall make every effort to retain Department employees who 
are not vaccinated against COVID-19 and provide such employees with 
professional development, promotion and leadership opportunities, and 
consideration equal to that of their peers.

SEC. 23. CBP ONE APP LIMITATION.

    (a) Limitation.--The Department may use the CBP One Mobile 
Application or any other similar program, application, internet-based 
portal, website, device, or initiative only for inspection of 
perishable cargo.
    (b) Report.--Not later than 60 days after the date of the enactment 
of this section, the Commissioner shall report to the Committee on 
Homeland Security of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Senate the date on 
which CBP began using CBP One to allow aliens to schedule interviews at 
land ports of entry, how many aliens have scheduled interviews at land 
ports of entry using CBP One, the nationalities of such aliens, and the 
stated final destinations of such aliens within the United States, if 
any.

SEC. 24. REPORT ON DESIGNATION OF MEXICAN CARTELS AS FOREIGN TERRORIST 
              ORGANIZATIONS.

    (a) Report.--
            (1) In general.--Not later than 60 days after the date of 
        the enactment of this Act, the Secretary of Homeland Security, 
        in coordination with the Secretary of State, shall submit to 
        the appropriate congressional committees a report on whether a 
        Mexican drug cartel described in paragraph (2) meets the 
        criteria for designation as a foreign terrorist organization.
            (2) Mexican drug cartels described.--The Mexican drug 
        cartels described in this paragraph include the following:
                    (A) Jalisco New Generation Cartel.
                    (B) Sinaloa Cartel.
                    (C) Juarez Cartel.
                    (D) Tijuana Cartel.
                    (E) Gulf Cartel.
                    (F) Los Zetas.
                    (G) Las Moicas.
                    (H) Los Caballeros Templarios.
                    (I) Beltran-Leyva Organization.
                    (J) Los Rojos.
                    (K) La Familia Michoacana.
    (b) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs, the Committee 
                on Homeland Security, and the Committee on the 
                Judiciary of the House of Representatives; and
                    (B) the Committee on Foreign Relations, the 
                Committee on Homeland Security and Governmental 
                Affairs, and the Committee on the Judiciary of the 
                Senate.
            (2) Foreign terrorist organization.--The term ``foreign 
        terrorist organization'' means an organization described in 
        section 219 of the Immigration and Nationality Act (8 U.S.C. 
        1189).
    (c) Rule of Construction.--Nothing in this section may be construed 
to expand the eligibility for asylum of any alien by reason of the 
designation of a drug cartel as a foreign terrorist organization.

SEC. 25. GAO STUDY ON COSTS INCURRED BY STATES TO SECURE THE SOUTHWEST 
              BORDER.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall conduct a study to examine the costs incurred by individual 
States as a result of actions taken by such States in support of the 
Federal mission to secure the southwest border, and the feasibility of 
a program to reimburse such States for such costs.
    (b) Contents.--The study required under subsection (a) shall 
include consideration of the following:
            (1) Actions taken by the Department of Homeland Security 
        that have contributed to costs described in such subsection 
        incurred by States to secure the border in the absence of 
        Federal action, including the termination of the Migrant 
        Protection Protocols and cancellation of border wall 
        construction.
            (2) Actions taken by individual States along the southwest 
        border to secure their borders, and the costs associated with 
        such actions.
            (3) The feasibility of a program within the Department of 
        Homeland Security to reimburse States for the costs incurred in 
        support of the Federal mission to secure the southwest border.

SEC. 26. REPORT BY INSPECTOR GENERAL OF THE DEPARTMENT OF HOMELAND 
              SECURITY.

    (a) Report.--Not later than one year after the date of the 
enactment of this Act and annually thereafter for five years, the 
Inspector General of the Department of Homeland Security shall submit 
to the Committee on Homeland Security of the House of Representatives 
and the Committee on Homeland Security and Governmental Affairs of the 
Senate a report examining the economic and security impact of mass 
migration to municipalities and States along the southwest border. Such 
report shall include information regarding costs incurred by the 
following:
            (1) State and local law enforcement to secure the southwest 
        border.
            (2) Public school districts to educate students who are 
        aliens unlawfully present in the United States.
            (3) Healthcare providers to provide care to aliens 
        unlawfully present in the United States who have not paid for 
        such care.
            (4) Farmers and ranchers due to migration impacts to their 
        properties.
    (b) Consultation.--To produce the report required under subsection 
(a), the Inspector General of the Department of Homeland Security shall 
consult with the individuals and representatives of the entities 
described in paragraphs (1) through (4) of such subsection.

SEC. 27. OFFSETTING AUTHORIZATIONS OF APPROPRIATIONS.

    (a) Office of the Secretary and Emergency Management.--No funds are 
authorized to be appropriated for the Alternatives to Detention Case 
Management Pilot Program or the Office of the Immigration Detention 
Ombudsman for the Office of the Secretary and Emergency Management of 
the Department of Homeland Security.
    (b) Management Directorate.--No funds are authorized to be 
appropriated for electric vehicles or St. Elizabeths campus 
construction for the Management Directorate of the Department of 
Homeland Security.
    (c) Intelligence, Analysis, and Situational Awareness.--There is 
authorized to be appropriated $216,000,000 for Intelligence, Analysis, 
and Situational Awareness of the Department of Homeland Security.
    (d) U.S. Customs and Border Protection.--No funds are authorized to 
be appropriated for the Shelter Services Program for U.S. Customs and 
Border Protection.

SEC. 28. REPORT TO CONGRESS ON FOREIGN TERRORIST ORGANIZATIONS.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act and annually thereafter for five years, the 
Secretary of Homeland Security shall submit to the Committee on 
Homeland Security of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Senate an assessment 
of foreign terrorist organizations attempting to move their members or 
affiliates into the United States through the southern, northern, or 
maritime border.
    (b) Definition.--The term ``foreign terrorist organization'' means 
an organization described in section 219 of the Immigration and 
Nationality Act (8 U.S.C. 1189).

SEC. 29. ASSESSMENT BY INSPECTOR GENERAL OF THE DEPARTMENT OF HOMELAND 
              SECURITY ON THE MITIGATION OF UNMANNED AIRCRAFT SYSTEMS 
              AT THE SOUTHWEST BORDER.

    Not later than 90 days after the date of the enactment of this Act, 
the Inspector General of the Department of Homeland Security shall 
submit to the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs of the Senate an assessment of U.S. Customs and Border 
Protection's ability to mitigate unmanned aircraft systems at the 
southwest border. Such assessment shall include information regarding 
any intervention between January 1, 2021, and the date of the enactment 
of this Act, by any Federal agency affecting in any manner U.S. Customs 
and Border Protection's authority to so mitigate such systems.
                                                  Union Calendar No. 29

118th CONGRESS

  1st Session

                               H. R. 2794

                      [Report No. 118-45, Part I]

_______________________________________________________________________

                                 A BILL

To secure the international borders of the United States, and for other 
                               purposes.

_______________________________________________________________________

                              May 5, 2023

   Reported from the Committee on Homeland Security with an amendment

                              May 5, 2023

Committees on Ways and Means and the Judiciary discharged; committed to 
the Committee of the Whole House on the State of the Union and ordered 
                             to be printed