118 S2824 IS: Secure the Border Act of 2023 U.S. Senate 2023-09-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II 118th CONGRESS1st Session S. 2824 IN THE SENATE OF THE UNITED STATES September 14, 2023 Mr. Cruz (for himself, Mr. McConnell, Mrs. Blackburn, Mr. Cotton, Mr. Vance, Mr. Marshall, Mrs. Fischer, Mr. Schmitt, Mr. Tuberville, Mr. Kennedy, Mr. Hagerty, Mr. Hoeven, Mrs. Britt, Mr. Lee, Mr. Budd, Mr. Daines, Mr. Scott of South Carolina, Mr. Graham, Ms. Lummis, Mr. Young, Mr. Tillis, Mr. Barrasso, Mr. Braun, Mr. Cramer, Mr. Johnson, Mr. Grassley, and Mr. Thune) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To secure the borders of the United States, and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Secure the Border Act of 2023. (b)

Table of contents

The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Division A—Border Security Sec. 101. Definitions. Sec. 102. Border wall construction. Sec. 103. Strengthening the requirements for barriers along the southern border. Sec. 104. Border and port security technology investment plan. Sec. 105. Border security technology program management. Sec. 106. U.S. Customs and Border Protection technology upgrades. Sec. 107. U.S. Customs and Border Protection personnel. Sec. 108. Anti-Border Corruption Act reauthorization. Sec. 109. Establishment of workload staffing models for U.S. Border Patrol and Air and Marine Operations of CBP. Sec. 110. Operation Stonegarden. Sec. 111. Air and Marine Operations flight hours. Sec. 112. Eradication of carrizo cane and salt cedar. Sec. 113. Border patrol strategic plan. Sec. 114. U.S. Customs and Border Protection spiritual readiness. Sec. 115. Restrictions on funding. Sec. 116. Collection of DNA and biometric information at the border. Sec. 117. 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. 118. Publication by U.S. Customs and Border Protection of operational statistics. Sec. 119. Alien criminal background checks. Sec. 120. Prohibited identification documents at airport security checkpoints; notification to immigration agencies. Sec. 121. Prohibition against any COVID–19 vaccine mandate or adverse action against DHS employees. Sec. 122. CBP One app limitation. Sec. 123. Report on Mexican drug cartels. Sec. 124. GAO study on costs incurred by States to secure the southwest border. Sec. 125. Report by Inspector General of the Department of Homeland Security. Sec. 126. Offsetting authorizations of appropriations. Sec. 127. Report to Congress on foreign terrorist organizations. Sec. 128. Assessment by Inspector General of the Department of Homeland Security on the mitigation of unmanned aircraft systems at the southwest border. Division B—Immigration Enforcement and Foreign Affairs Title I—Asylum Reform and Border Protection Sec. 101. Safe third country. Sec. 102. Credible fear interviews. Sec. 103. Clarification of asylum eligibility. Sec. 104. Exceptions. Sec. 105. Employment authorization. Sec. 106. Asylum fees. Sec. 107. Rules for determining asylum eligibility. Sec. 108. Firm resettlement. Sec. 109. Notice concerning frivolous asylum applications. Sec. 110. Technical amendments. Sec. 111. Requirement for procedures relating to certain asylum applications. Title II—Border Safety and Migrant Protection Sec. 201. Inspection of applicants for admission. Sec. 202. Operational detention facilities. Title III—Preventing Uncontrolled Migration Flows in the Western Hemisphere Sec. 301. United States policy regarding Western Hemisphere cooperation on immigration and asylum. Sec. 302. Negotiations by Secretary of State. Sec. 303. Mandatory briefings on United States efforts to address the border crisis. Title IV—Ensuring United Families at the Border Sec. 401. Clarification of standards for family detention. Title V—Protection of Children Sec. 501. Findings. Sec. 502. Repatriation of unaccompanied alien children. Sec. 503. Special immigrant juvenile status for immigrants unable to reunite with either parent. Sec. 504. Rule of construction. Title VI—Visa Overstays Penalties Sec. 601. Expanded penalties for illegal entry or presence. Title VII—Immigration Parole Reform Sec. 701. Immigration parole reform. Sec. 702. Implementation. Sec. 703. Cause of action. Sec. 704. Severability. Title VIII—Legal Workforce Sec. 801. Employment eligibility verification process. Sec. 802. Employment eligibility verification system. Sec. 803. Recruitment, referral, and continuation of employment. Sec. 804. Good faith defense. Sec. 805. Preemption and States’ rights. Sec. 806. Repeal. Sec. 807. Penalties. Sec. 808. Fraud and misuse of documents. Sec. 809. Protection of Social Security Administration programs. Sec. 810. Fraud prevention. Sec. 811. Use of employment eligibility verification photo tool. Sec. 812. Identity authentication employment eligibility verification pilot programs. Sec. 813. Inspector General audits. Sec. 814. Agriculture workforce study. Sec. 815. Sense of Congress on further implementation. Sec. 816. Repealing regulations.

A

Border Security

101.

Definitions

In this division: (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.

102.

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 Act, the Secretary shall resume all activities related to the construction of the border wall along the 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 Act 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 Act 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.

103.

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..

104.

Border and port security technology investment plan

(a)

In general

Not later than 180 days after the date of the enactment of this Act, 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)).

105.

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:

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).

106.

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 Act, 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).

107.

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.

108.

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 107 of the Secure the Border 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:

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.

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).

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.

109.

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 Act 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.

110.

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:

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..

111.

Air and Marine Operations flight hours

(a)

Air and marine operations flight hours

Not later than 120 days after the date of the 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 111 of the Secure the Border 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)).

112.

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 103 of this division, 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.

113.

Border patrol strategic plan

(a)

In general

Not later than one year after the date of the enactment of this Act 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 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.

114.

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.

115.

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.

116.

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.

117.

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).

118.

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)).

119.

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).

120.

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 rulemaking 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.

121.

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.

122.

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 Act, 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.

123.

Report on Mexican drug cartels

Not later than 60 days after the date of the enactment of this Act, Congress shall commission a report that contains the following: (1)A national strategy to address Mexican drug cartels, and a determination regarding whether there should be a designation established to address such cartels. (2)Information relating to actions by such cartels that causes harm to the United States.

124.

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.

125.

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.

126.

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.

127.

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

In this section, the term foreign terrorist organization means an organization described in section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).

128.

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.

B

Immigration Enforcement and Foreign Affairs