[House Report 118-45]
[From the U.S. Government Publishing Office]
118th Congress } { Rept. 118-45
HOUSE OF REPRESENTATIVES
1st Session } { Part 1
======================================================================
BORDER REINFORCEMENT ACT OF 2023
_______
May 5, 2023.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Green of Tennessee, from the Committee on Homeland Security,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 2794]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 2794) to secure the international borders of the
United States, and for other purposes, having considered the
same, reports favorably thereon with an amendment and
recommends that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 19
Background and Need for Legislation.............................. 20
Hearings......................................................... 20
Committee Consideration.......................................... 21
Committee Votes.................................................. 21
Committee Oversight Findings..................................... 30
Correspondence with Other Committees............................. 31
C.B.O. Estimate, New Budget Authority, Entitlement Authority, and
Tax Expenditures............................................... 35
Federal Mandates Statement....................................... 35
Duplicative Federal Programs..................................... 35
Statement of General Performance Goals and Objectives............ 35
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 35
Advisory Committee Statement..................................... 35
Applicability to Legislative Branch.............................. 35
Section-by-Section Analysis of the Legislation................... 35
Changes in Existing Law Made by the Bill, as Reported............ 44
Minority Views................................................... 66
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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.
Purpose and Summary
The security of our nation hinges on how effectively the
Federal government controls who and what enters the United
States both at and between the official ports of entry. The
Department of Homeland Security (DHS) is charged with the
critical mission to secure our nation's borders and ports of
entry against a wide array of domestic threats. A porous border
is a conduit for transnational criminal organizations, human
smugglers, and drug traffickers. Even more concerning, an open
border is a vulnerability that terrorists unequivocally attempt
to exploit.\1\ Supporting and overseeing DHS's efforts to
secure the nation's borders is a principal responsibility of
the House Committee on Homeland Security.
---------------------------------------------------------------------------
\1\https://www.cbp.gov/newsroom/stats/cbp-enforcement-statistics.
---------------------------------------------------------------------------
For the last two and a half years, the United States has
experienced a record-breaking number of alien encounters,
apprehensions, drug seizures, and gotaways, both known and
unknown. Consequently, the need to find a permanent border
security solution is even more urgent in these crucial times.
The Committee maintains that operational control of our borders
must be achieved through smart deployments of physical
infrastructure, technology, and personnel.
H.R. 2794 specifically requires the Secretary of DHS to
immediately resume all activities related to the construction
of the border wall using previously appropriated, unexpired
funds. To avoid waste, the bill also allows for the use of
materials in relation to construction that were purchased prior
to the date of enactment. This legislation mandates technology
capability deployment tailored to the specific threats and
needs of frontline law enforcement.
H.R. 2794 is focused on the crux of this historic crisis
created by President Biden and Secretary Mayorkas. Frontline
agents are the most important border security resource at the
Nation's disposal. Tactical infrastructure and technology are
powerful force multipliers, but the goal of border security is,
and will always be, successful apprehension and interdiction.
For this reason, this bill mandates that the U.S. Border Patrol
employ no fewer than 22,000 full time equivalent agents, who
are barred from performing the duties of processing
coordinators. Hiring and retention of frontline personnel have
been serious challenges for the Department, most acutely within
the Border Patrol. This bill streamlines the way that veterans
of the United States Armed Forces, and existing law enforcement
officers can be hired by waiving the polygraph requirement to
help the agency meet these lofty personnel goals. Moreover, to
retain talented agents, the Committee has authorized retention
bonuses for certain qualifying U.S. Border Patrol agents.
While much of the narrative that surrounds border security
is rightly focused on efforts to secure the Southwest border,
the Committee also aims to take action concerning certain DHS
programs and activities that are wasteful or encourage illegal
activity, including restricting funding for non-governmental
organizations (NGOs) who enable and facilitate the Mexican
cartels' human and drug trafficking and smuggling practices.
Moreover, the law has been clear for decades that DHS is
required to complete a biometric exit system--with this bill,
the Committee remedies what the Biden Administration refuses to
enforce by requiring DHS certify to Congress its compliance
with biometrics and DNA requirements. Furthermore, the bill
necessitates DHS to ensure its access to criminal history
databases of all countries of origin and transit for aliens
encountered by CBP. Taking an all-encompassing approach, this
bill remedies many significant challenges facing DHS and within
its realm of jurisdiction, provides for a more secure nation
while simultaneously deterring illegal mass migration.
Background and Need for Legislation
Given that the number of aliens presenting at ports of
entry and illegal aliens entering the United States between
ports of entry has drastically increased over the past two and
a half years, the threat posed by drug cartels, transnational
criminal organizations, and known or suspected terrorists
remains extraordinarily high. Over the years, Congress has
appropriated billions of dollars to strengthen border security
through new investments in personnel, technology, and physical
infrastructure; nonetheless, our borders are measurably less
secure than they were several years ago under the prior
administration.
Rather than continue the flawed approaches of the current
administration, this bill provides DHS with a clear direction
to secure the border. This multi-layered approach is designed
to deter, detect, and help interdict illegal cross-border
activity at the border, especially between ports of entry where
the crisis is most prominent. This bill clearly and effectively
communicates Congress' intent: the United States will not
tolerate illicit activity at our borders.
Hearings
The Committee held the following hearings in the 118th
Congress that informed H.R. 2794:
On February 28, 2023, the Full Committee held a hearing
entitled ``Every State is a Border State: Examining Secretary
Mayorkas' Border Crisis.'' The Committee received testimony
from Rebecca Kiessling, Private Citizen; the Honorable Mark
Lamb, Sheriff of Pinal County, Arizona; Robert J. Trenschel,
President and CEO of Yuma Regional Medical Center; and David J.
Bier, Associate Director of Immigration Studies, CATO
Institute.
On March 15, 2023, the Full Committee held a field hearing
entitled ``Failure by Design: Examining Secretary Mayorkas'
Border Crisis.'' The Committee received testimony from the
Honorable Raul L. Ortiz, Chief, U.S. Border Patrol, U.S.
Department of Homeland Security; Steven W. Cagen, Assistant
Director, Countering Transnational Organized Crime, Homeland
Security Investigations, U.S. Immigration and Customs
Enforcement; Colonel Steven C. McCraw, Director, Texas
Department of Public Safety; Sheriff Brad Coe, Kinney County
Sheriff's Office; and Chris Cabrera, Vice President, National
Border Patrol Council.
On April 19, 2023, the Full Committee held a hearing
entitled ``A Review of the Fiscal Year 2024 Budget Request for
the Department of Homeland Security.'' The Committee received
testimony from the Honorable Alejandro Mayorkas, Secretary,
U.S. Department of Homeland Security.
Committee Consideration
The Committee met on Wednesday, April 26, 2023, a quorum
being present, to consider H.R. 2794 and ordered the measure to
be favorably reported to the House, as amended, by a recorded
vote of 18 yeas to 15 nays.
Committee Votes
Clause 3(b) of rule XIII requires the Committee to list the
recorded votes on the motion to report legislation and
amendments thereto.
1. An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Menendez of New Jersey to
strike Section 3. The amendment failed by a recorded
vote of 12 Yeas to 14 Nays (Rollcall No. 5)
Committee Record Vote No. 5
Menendez of New Jersey Amendment No. 02 to Green (TN) Amendment in the Nature of a Substitute to H.R. 2794
Failed: 12 Yeas to 14 Nays
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. McCaul..................................... ............ Mr. Thompson (MS).................. Yea
Mr. Higgins, LA................................ Nay Ms. Jackson Lee.................... ............
Mr. Guest...................................... Nay Mr. Payne.......................... Yea
Mr. Bishop, NC................................. Nay Mr. Swalwell....................... Yea
Mr. Gimenez.................................... Nay Mr. Correa......................... Yea
Mr. Pfluger.................................... Nay Mr. Carter (LA).................... Yea
Mr. Garbarino.................................. Nay Mr. Thanedar....................... Yea
Ms. Greene.................................... Nay Mr. Magaziner...................... Yea
Mr. Gonzales (TX).............................. ............ Mr. Ivey........................... Yea
Mr. LaLota..................................... Nay Mr. Goldman........................ ............
Mr. Ezell...................................... ............ Mr. Garcia (CA).................... Yea
Mr. D'Esposito................................. ............ Mrs. Ramirez....................... Yea
Ms. Lee (FL)................................... Nay Mr. Menendez....................... Yea
Mr. Luttrell................................... Nay Ms. Clarke (NY).................... Yea
Mr. Strong..................................... Nay Ms. Titus.......................... Yea
Mr. Brecheen................................... Nay
Mr. Crane...................................... Nay
Mr. Green (TN) Chairman........................ Nay
----------------------------------------------------------------------------------------------------------------
2. An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Carter of Louisiana to amend
Section 4. The amendment failed by a recorded vote of
14 Yeas to 16 Nays (Rollcall No. 6)
Committee Record Vote No. 6
Carter of Louisiana Amendment No. 03 to Green (TN) Amendment in the Nature of a Substitute to H.R. 2794
Failed: 14 Yeas to 16 Nays
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. McCaul..................................... ............ Mr. Thompson (MS).................. Yea
Mr. Higgins, LA................................ Nay Ms. Jackson Lee.................... Yea
Mr. Guest...................................... Nay Mr. Payne.......................... Yea
Mr. Bishop, NC................................. Nay Mr. Swalwell....................... Yea
Mr. Gimenez.................................... Nay Mr. Correa......................... Yea
Mr. Pfluger.................................... Nay Mr. Carter (LA)................... Yea
Mr. Garbarino.................................. Nay Mr. Thanedar....................... Yea
Ms. Greene..................................... Nay Mr. Magaziner...................... Yea
Mr. Gonzales (TX).............................. ............ Mr. Ivey........................... ............
Mr. LaLota..................................... Nay Mr. Goldman........................ Yea
Mr. Ezell...................................... Nay Mr. Garcia (CA).................... Yea
Mr. D'Esposito................................. Nay Mrs. Ramirez....................... Yea
Ms. Lee (FL)................................... Nay Mr. Menendez....................... Yea
Mr. Luttrell................................... Nay Ms. Clarke (NY).................... Yea
Mr. Strong..................................... Nay Ms. Titus.......................... Yea
Mr. Brecheen................................... Nay
Mr. Crane...................................... Nay
Mr. Green (TN) Chairman........................ Nay
----------------------------------------------------------------------------------------------------------------
3. An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Garcia of California to
strike Section 16. The amendment failed by a recorded
vote of 12 Yeas to 15 Nays (Rollcall No. 7).
Committee Record Vote No. 7
Garcia of California Amendment No. 013 to Green (TN) Amendment in the Nature of a Substitute to H.R. 2794
Failed: 12 Yeas to 15 Nays
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. McCaul..................................... Nay Mr. Thompson (MS).................. Yea
Mr. Higgins, LA................................ Nay Ms. Jackson Lee.................... ............
Mr. Guest...................................... Nay Mr. Payne.......................... Yea
Mr. Bishop, NC................................. Nay Mr. Swalwell....................... ............
Mr. Gimenez.................................... Nay Mr. Correa......................... Yea
Mr. Pfluger.................................... Nay Mr. Carter (LA).................... Yea
Mr. Garbarino.................................. ............ Mr. Thanedar....................... Yea
Ms. Greene..................................... Nay Mr. Magaziner...................... Yea
Mr. Gonzales (TX).............................. ............ Mr. Ivey........................... Yea
Mr. LaLota..................................... ............ Mr. Goldman........................ Yea
Mr. Ezell...................................... Nay Mr. Garcia (CA).................... Yea
Mr. D'Esposito................................. Nay Mrs. Ramirez...................... Yea
Ms. Lee (FL)................................... Nay Mr. Menendez....................... Yea
Mr. Luttrell................................... Nay Ms. Clarke (NY).................... Yea
Mr. Strong..................................... Nay Ms. Titus.......................... ............
Mr. Brecheen................................... Nay
Mr. Crane...................................... Nay
Mr. Green (TN) Chairman........................ Nay
----------------------------------------------------------------------------------------------------------------
4. An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Guest of Mississippi to
clarify intent and prohibited services of Section 16.
The amendment was agreed to by a recorded vote of 17
Yeas to 15 Nays (Rollcall No. 8).
Committee Record Vote No. 8
Guest of Mississippi Amendment No. 08 to Green (TN) Amendment in the Nature of a Substitute to H.R. 2794
Agreed to: 17 Yeas to 15 Nays
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. McCaul..................................... Yea Mr. Thompson (MS).................. Nay
Mr. Higgins, LA................................ Yea Ms. Jackson Lee.................... Nay
Mr. Guest...................................... Yea Mr. Payne.......................... Nay
Mr. Bishop, NC................................. Yea Mr. Swalwell....................... Nay
Mr. Gimenez.................................... Yea Mr. Correa......................... Nay
Mr. Pfluger.................................... Yea Mr. Carter (LA).................... Nay
Mr. Garbarino.................................. Yea Mr. Thanedar....................... Nay
Ms. Greene..................................... Yea Mr. Magaziner...................... Nay
Mr. Gonzales (TX).............................. ............ Mr. Ivey........................... Nay
Mr. LaLota..................................... Yea Mr. Goldman........................ Nay
Mr. Ezell...................................... Yea Mr. Garcia (CA).................... Nay
Mr. D'Esposito................................. Yea Mrs. Ramirez....................... Nay
Ms. Lee (FL)................................... Yea Mr. Menendez....................... Nay
Mr. Luttrell................................... Yea Ms. Clarke (NY).................... Nay
Mr. Strong..................................... Yea Ms. Titus.......................... Nay
Mr. Brecheen................................... Yea
Mr. Crane...................................... Yea
Mr. Green (TN) Chairman........................ Yea
----------------------------------------------------------------------------------------------------------------
5. An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Thompson of Mississippi to
provide pay parity for CBP officers and Border Patrol
agents. The amendment failed by a recorded vote of 14
Yeas to 17 Nays (Rollcall No. 9).
Committee Record Vote No. 9
Thompson of Mississippi Amendment No. 032 to Green (TN) Amendment in the Nature of a Substitute to H.R. 2794
Failed: 14 Yeas to 17 Nays
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. McCaul..................................... Nay Mr. Thompson (MS).................. Yea
Mr. Higgins, LA................................ Nay Ms. Jackson Lee.................... Yea
Mr. Guest...................................... Nay Mr. Payne.......................... Yea
Mr. Bishop, NC................................. Nay Mr. Swalwell....................... Yea
Mr. Gimenez.................................... Nay Mr. Correa......................... Yea
Mr. Pfluger.................................... Nay Mr. Carter (LA).................... Yea
Mr. Garbarino.................................. Nay Mr. Thanedar....................... Yea
Ms. Greene..................................... Nay Mr. Magaziner...................... Yea
Mr. Gonzales (TX).............................. ............ Mr. Ivey........................... Yea
Mr. LaLota..................................... Nay Mr. Goldman........................ Yea
Mr. Ezell...................................... Nay Mr. Garcia (CA).................... Yea
Mr. D'Esposito................................. Nay Mrs. Ramirez....................... ............
Ms. Lee (FL)................................... Nay Mr. Menendez....................... Yea
Mr. Luttrell................................... Nay Ms. Clarke (NY).................... Yea
Mr. Strong..................................... Nay Ms. Titus.......................... Yea
Mr. Brecheen................................... Nay
Mr. Crane...................................... Nay
Mr. Green (TN) Chairman........................ Nay
----------------------------------------------------------------------------------------------------------------
6. An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Thompson of Mississippi to
adjust Border Patrol to CBP workforce staffing model.
The amendment failed by a recorded vote of 15 Yeas to
17 Nays (Rollcall No. 10).
Committee Record Vote No. 10
Thompson of Mississippi Amendment No. 06 to Green (TN) Amendment in the Nature of a Substitute to H.R. 2794
Failed: 15 Yeas to 17 Nays
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. McCaul..................................... Nay Mr. Thompson (MS).................. Yea
Mr. Higgins, LA................................ Nay Ms. Jackson Lee.................... Yea
Mr. Guest...................................... Nay Mr. Payne.......................... Yea
Mr. Bishop, NC................................. Nay Mr. Swalwell....................... Yea
Mr. Gimenez.................................... Nay Mr. Correa......................... Yea
Mr. Pfluger.................................... Nay Mr. Carter (LA).................... Yea
Mr. Garbarino.................................. Nay Mr. Thanedar....................... Yea
Ms. Greene..................................... Nay Mr. Magaziner...................... Yea
Mr. Gonzales (TX).............................. ............ Mr. Ivey........................... Yea
Mr. LaLota..................................... Nay Mr. Goldman........................ Yea
Mr. Ezell...................................... Nay Mr. Garcia (CA).................... Yea
Mr. D'Esposito................................. Nay Mrs. Ramirez....................... Yea
Ms. Lee (FL)................................... Nay Mr. Menendez....................... Yea
Mr. Luttrell................................... Nay Ms. Clarke (NY).................... Yea
Mr. Strong..................................... Nay Ms. Titus.......................... Yea
Mr. Brecheen................................... Nay
Mr. Crane...................................... Nay
Mr. Green (TN) Chairman........................ Nay
----------------------------------------------------------------------------------------------------------------
7. An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Thompson of Mississippi to
insert a new section at the end of the bill preserving
the rights of CBP employees to unionize. The amendment
failed by a recorded vote of 15 Yeas to 17 Nays
(Rollcall No. 11).
Committee Record Vote No. 11
Thompson of Mississippi Amendment No. 020 to Green (TN) Amendment in the Nature of a Substitute to H.R. 2794
Failed: 15 Yeas to 17 Nays
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. McCaul..................................... Nay Mr. Thompson (MS).................. Yea
Mr. Higgins, LA................................ Nay Ms. Jackson Lee.................... Yea
Mr. Guest...................................... Nay Mr. Payne.......................... Yea
Mr. Bishop, NC................................. Nay Mr. Swalwell....................... Yea
Mr. Gimenez.................................... Nay Mr. Correa......................... Yea
Mr. Pfluger.................................... Nay Mr. Carter (LA).................... Yea
Mr. Garbarino.................................. Nay Mr. Thanedar....................... Yea
Ms. Greene..................................... Nay Mr. Magaziner...................... Yea
Mr. Gonzales (TX).............................. ............ Mr. Ivey........................... Yea
Mr. LaLota..................................... Nay Mr. Goldman........................ Yea
Mr. Ezell...................................... Nay Mr. Garcia (CA).................... Yea
Mr. D'Esposito................................. Nay Mrs. Ramirez....................... Yea
Ms. Lee (FL)................................... Nay Mr. Menendez....................... Yea
Mr. Luttrell................................... Nay Ms. Clarke (NY).................... Yea
Mr. Strong..................................... Nay Ms. Titus.......................... Yea
Mr. Brecheen................................... Nay
Mr. Crane...................................... Nay
Mr. Green (TN) Chairman........................ Nay
----------------------------------------------------------------------------------------------------------------
8. An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Swalwell of California to
exclude organizations serving Afghan partners from NGO
funding restriction. The amendment failed by a recorded
vote of 15 Yeas to 17 Nays (Rollcall No. 12).
Committee Record Vote No. 12
Swalwell of California Amendment No. 016 to Green (TN) Amendment in the Nature of a Substitute to H.R. 2794
Failed: 15 Yeas to 17 Nays
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. McCaul..................................... Nay Mr. Thompson (MS).................. Yea
Mr. Higgins, LA................................ Nay Ms. Jackson Lee.................... Yea
Mr. Guest...................................... Nay Mr. Payne.......................... Yea
Mr. Bishop, NC................................. Nay Mr. Swalwell....................... Yea
Mr. Gimenez.................................... Nay Mr. Correa......................... Yea
Mr. Pfluger.................................... Nay Mr. Carter (LA).................... Yea
Mr. Garbarino.................................. Nay Mr. Thanedar....................... Yea
Ms. Greene..................................... Nay Mr. Magaziner...................... Yea
Mr. Gonzales (TX).............................. ............ Mr. Ivey........................... Yea
Mr. LaLota..................................... Nay Mr. Goldman........................ Yea
Mr. Ezell...................................... Nay Mr. Garcia (CA).................... Yea
Mr. D'Esposito................................. Nay Mrs. Ramirez....................... Yea
Ms. Lee (FL)................................... Nay Mr. Menendez....................... Yea
Mr. Luttrell................................... Nay Ms. Clarke (NY).................... Yea
Mr. Strong..................................... Nay Ms. Titus.......................... Yea
Mr. Brecheen................................... Nay
Mr. Crane...................................... Nay
Mr. Green (TN) Chairman........................ Nay
----------------------------------------------------------------------------------------------------------------
9. An amendment to the Amendment in the Nature of a
Substitute offered by Ms. Jackson Lee of Texas to amend
Section 15 to ensure the unity of migrant families. The
amendment failed by a recorded vote of 15 Yeas to 17
Nays (Rollcall No. 13).
Committee Record Vote No. 13
Jackson Lee of Texas Amendment No. 014 to Green (TN) Amendment in the Nature of a Substitute to H.R. 2794
Failed: 15 Yeas to 17 Nays
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. McCaul..................................... Nay Mr. Thompson (MS).................. Yea
Mr. Higgins, LA................................ Nay Ms. Jackson Lee.................... Yea
Mr. Guest...................................... Nay Mr. Payne.......................... Yea
Mr. Bishop, NC................................. Nay Mr. Swalwell....................... Yea
Mr. Gimenez.................................... Nay Mr. Correa......................... Yea
Mr. Pfluger.................................... Nay Mr. Carter (LA).................... Yea
Mr. Garbarino.................................. Nay Mr. Thanedar....................... Yea
Ms. Greene..................................... Nay Mr. Magaziner...................... Yea
Mr. Gonzales (TX).............................. ............ Mr. Ivey........................... Yea
Mr. LaLota..................................... Nay Mr. Goldman........................ Yea
Mr. Ezell...................................... Nay Mr. Garcia (CA).................... Yea
Mr. D'Esposito................................. Nay Mrs. Ramirez....................... Yea
Ms. Lee (FL)................................... Nay Mr. Menendez....................... Yea
Mr. Luttrell................................... Nay Ms. Clarke (NY).................... Yea
Mr. Strong..................................... Nay Ms. Titus.......................... Yea
Mr. Brecheen................................... Nay
Mr. Crane...................................... Nay
Mr. Green (TN) Chairman........................ Nay
----------------------------------------------------------------------------------------------------------------
10. An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Goldman of New York to insert
a new section at the end of the bill intended to
disrupt the smuggling of U.S. sourced firearms across
the land border with Mexico. The amendment failed by a
recorded vote of 15 Yeas to 17 Nays (Rollcall No. 14).
Committee Record Vote No. 14
Goldman of New York Amendment No. 15-A to Green (TN) Amendment in the Nature of a Substitute to H.R. 2794
Failed: 15 Yeas to 17 Nays
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. McCaul..................................... Nay Mr. Thompson (MS).................. Yea
Mr. Higgins, LA................................ Nay Ms. Jackson Lee.................... Yea
Mr. Guest...................................... Nay Mr. Payne.......................... Yea
Mr. Bishop, NC................................. Nay Mr. Swalwell....................... Yea
Mr. Gimenez.................................... Nay Mr. Correa......................... Yea
Mr. Pfluger.................................... Nay Mr. Carter (LA).................... Yea
Mr. Garbarino.................................. Nay Mr. Thanedar....................... Yea
Ms. Greene..................................... Nay Mr. Magaziner...................... Yea
Mr. Gonzales (TX).............................. ............ Mr. Ivey........................... Yea
Mr. LaLota..................................... Nay Mr. Goldman........................ Yea
Mr. Ezell...................................... Nay Mr. Garcia (CA).................... Yea
Mr. D'Esposito................................. Nay Mrs. Ramirez....................... Yea
Ms. Lee (FL)................................... Nay Mr. Menendez....................... Yea
Mr. Luttrell................................... Nay Ms. Clarke (NY).................... Yea
Mr. Strong..................................... Nay Ms. Titus.......................... Yea
Mr. Brecheen................................... Nay
Mr. Crane...................................... Nay
Mr. Green (TN) Chairman........................ Nay
----------------------------------------------------------------------------------------------------------------
11. Amendments En Bloc (Mr. Goldman of New York (09),
Mr. Goldman of New York (14), Mr. Magaziner of Rhode
Island (20), Mr. Magaziner of Rhode Island (21), Mr.
Magaziner of Rhode Island (22), Mrs. Ramirez of
Illinois (73), Mr. Correa of California (74), Ms.
Jackson Lee of Texas (4), Mr. Payne of New Jersey (16),
Ms. Clarke of New York (30), Mr. Thanedar of Michigan
(17), Mr. Thanedar of Michigan (23), Mr. Correa of
California (22), Mr. Correa of California (18-A), Mr.
Correa of California (25), Mr. Correa of California
(15), Mr. Menendez of New Jersey (19), Mr. Ivey of
Maryland (26), Mr. Ivey of Maryland (28), Mr. Magaziner
of Rhode Island (19), Mr. Goldman of New York (10), Mr.
Goldman of New York (11), Mr. Goldman of New York (12),
and Mr. Goldman of New York (15-B). The Amendments En
Bloc failed by a recorded vote of 15 Yeas to 17 Nays
(Rollcall No. 15).
Committee Record Vote No. 15
Amendments En Bloc considered to Green (TN) Amendment in the Nature of a Substitute to H.R. 2794
Failed: 15 Yeas to 17 Nays
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. McCaul..................................... Nay Mr. Thompson (MS).................. Yea
Mr. Higgins, LA................................ Nay Ms. Jackson Lee.................... Yea
Mr. Guest...................................... Nay Mr. Payne.......................... Yea
Mr. Bishop, NC................................. Nay Mr. Swalwell....................... Yea
Mr. Gimenez.................................... Nay Mr. Correa......................... Yea
Mr. Pfluger.................................... Nay Mr. Carter (LA).................... Yea
Mr. Garbarino.................................. Nay Mr. Thanedar....................... Yea
Ms. Greene..................................... Nay Mr. Magaziner...................... Yea
Mr. Gonzales (TX).............................. ............ Mr. Ivey........................... Yea
Mr. LaLota..................................... Nay Mr. Goldman........................ Yea
Mr. Ezell...................................... Nay Mr. Garcia (CA).................... Yea
Mr. D'Esposito................................. Nay Mrs. Ramirez....................... Yea
Ms. Lee (FL)................................... Nay Mr. Menendez....................... Yea
Mr. Luttrell................................... Nay Ms. Clarke (NY).................... Yea
Mr. Strong..................................... Nay Ms. Titus.......................... Yea
Mr. Brecheen................................... Nay
Mr. Crane...................................... Nay
Mr. Green (TN) Chairman........................ Nay
----------------------------------------------------------------------------------------------------------------
12. A motion by Mr. Green to report H.R. 2794, as
amended, to the House with a favorable recommendation,
was agreed to by a vote 18 Yeas and 15 Nays (Rollcall
No. 16).
Committee Record Vote No. 16
Green (TN) Motion to Favorably Report H.R. 2794, as amended
Agreed to: 18 Yeas to 15 Nays
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. McCaul..................................... Yea Mr. Thompson (MS).................. Nay
Mr. Higgins, LA................................ Yea Ms. Jackson Lee.................... Nay
Mr. Guest...................................... Yea Mr. Payne.......................... Nay
Mr. Bishop, NC................................. Yea Mr. Swalwell....................... Nay
Mr. Gimenez.................................... Yea Mr. Correa......................... Nay
Mr. Pfluger.................................... Yea Mr. Carter (LA).................... Nay
Mr. Garbarino.................................. Yea Mr. Thanedar....................... Nay
Ms. Greene..................................... Yea Mr. Magaziner...................... Nay
Mr. Gonzales (TX).............................. Yea Mr. Ivey........................... Nay
Mr. LaLota..................................... Yea Mr. Goldman........................ Nay
Mr. Ezell...................................... Yea Mr. Garcia (CA).................... Nay
Mr. D'Esposito................................. Yea Mrs. Ramirez....................... Nay
Ms. Lee (FL)................................... Yea Mr. Menendez....................... Nay
Mr. Luttrell................................... Yea Ms. Clarke (NY).................... Nay
Mr. Strong..................................... Yea Ms. Titus.......................... Nay
Mr. Brecheen................................... Yea
Mr. Crane...................................... Yea
Mr. Green (TN) Chairman........................ Yea
----------------------------------------------------------------------------------------------------------------
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII, the
Committee advises that the findings and recommendations of the
Committee, based on oversight activities under clause 2(b)(1)
of rule X, are incorporated in the descriptive portions of this
report.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Congressional Budget Office Estimate, New Budget Authority, Entitlement
Authority, and Tax Expenditures
With respect to the requirements of clause 3(c)(2) of rule
XIII and section 308(a) of the Congressional Budget Act of
1974, and with respect to the requirements of clause 3(c)(3) of
rule XIII and section 402 of the Congressional Budget Act of
1974, the Committee has requested but not received from the
Director of the Congressional Budget Office a statement as to
whether this bill contains any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
Federal Mandates Statement
An estimate of Federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
Duplicative Federal Programs
Pursuant to clause 3(c) of rule XIII, the Committee finds
that H.R. 2794 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII, the objective of
H.R. 2794 is to secure the international borders of the United
States.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with rule XXI, this bill, as reported,
contains no congressional earmarks, limited tax benefits, or
limited tariff benefits as defined in clause 9(d), 9(e), or
9(f) of rule XXI.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to the Legislative Branch
The Committee finds that H.R. 2794 does not relate to the
terms and conditions of employment or access to public services
or accommodations within the meaning of section 102(b)(3) of
the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Sec. 1. Short title; Table of Contents
This section states that the Act may be cited as the
``Border Reinforcement Act of 2023''.
Sec. 2. Definitions
This section sets forth the definitions of key terms as
used in the bill.
Sec. 3. Border wall construction
This section requires the Secretary of the Department of
Homeland Security to resume construction of the border wall. To
ensure execution, the Secretary shall expend all unexpired
funds appropriated or explicitly obligated for such purpose
since October 1, 2019, and requires DHS to submit an
implementation plan to Congress detailing annual benchmarks of
200 miles of wall construction and associated cost estimates.
Previously purchased materials should be used without the need
for re-certification.
The Committee believes in utilizing all tools available in
order to effectively secure our Southwest border. As such,
reauthorizing use of prior appropriated funds and existing
materials to resume construction of the border wall is crucial
in meeting the goal of a more secure border.
Sec. 4. Strengthening the requirements for barriers along the southern
border
This section amends the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (IIRIRA) by instructing
the Secretary to take the necessary actions to achieve
situational awareness, operational control, maximum agent
safety, and to impede illegal activity via physical barriers,
tactical infrastructure, and technology near the border. The
requirements include construction of a border wall along no
fewer than 900 miles of the southwest border. Additionally, the
section includes deployment of the most effective technology
available, such as advanced surveillance sensors and drones,
while minimizing the impact on natural resources, commerce, and
sites of historical or cultural significance, promoting officer
and agent safety, and ensuring consistent maintenance and
effectiveness.
The Committee is aware that physical barriers are not the
only effective tool to secure our borders. Consequently, this
bill provides for a border barrier system, including the use of
the most up-to-date technology to better surveil and monitor
activity and assist in interdicting illicit substances
attempting to illegally enter the United States.
Sec. 5. Border and port security technology investment plan
This section requires a five-year technology investment
plan to include an analysis of security risks at and between
ports of entry, identification of capability gaps, an analysis
of current and forecasted trends of aliens who unlawfully enter
the United States or who are unlawfully present in the United
States, and descriptions/assessments of technology plans,
programs, and resources. The plan includes emerging
technologies and input from the private sector and will be
consistently updated biennially for ten years.
Technology plays a critical role in aiding the men and
women of DHS to protect our homeland. Therefore, the Committee
believes that it is pivotal to assess the current state of
technology used at the border and identify shortfalls and areas
in which improvement is necessary to project, as accurately as
possible, and interdict illicit activity at the border.
Sec. 6. Border security technology program management
This section requires the Secretary to, for each major
acquisition over $100 million, ensure that the acquisition
program management office has an approved baseline that
includes cost, schedule, and performance thresholds in
compliance with the Federal Acquisition Regulation.
Securing the border is a costly task, which is why the
Committee believes that managing major projects and
acquisitions above $100 million efficiently and effectively is
essential in using taxpayer funds appropriately.
Sec. 7. U.S. Customs and Border Protection technology upgrades
This section ensures that each CBP officer or agent, where
appropriate, is equipped with a secure radio or other two-way
communication device allowing for communication between ports
of entry and inspection stations and with other law enforcement
entities. The section also authorizes the appropriation of $33
million for the next two fiscal years to implement the Border
Security Deployment Program of CBP and expands the integrated
surveillance and intrusion detection at land ports of entry by
no later than 2025. Finally, it authorizes the appropriation of
$125 million for the next two fiscal years to upgrade all
outdated license plate readers.
To secure our borders, frontline law enforcement must have
the proper technology to do fulfill their mission and remain
safe in the field. The Committee believes that technology
should not be solely concentrated at command and operations
centers but should be provided directly to the law enforcement
officers and agents on the ground in order to stop illegal
border activity more effectively. The Committee also believes
that CBP is more than well equipped to determine which areas
need technology upgrades and are better situated to distribute
the funds appropriately.
Sec. 8. U.S. Customs and Border Protection personnel
This section mandates that CBP employ no fewer than 22,000
full-time equivalent U.S. Border Patrol agents, all of whom
shall not perform the duties of processing coordinators.
Additionally, the section provides retention bonuses for Border
Patrol agents whose position is equal to GS-12 or below and who
have served at least 5 years with CBP. $100 million is
authorized to be divided and distributed to those who qualify
for bonuses.
Provided that the substantial increase in aliens attempting
to enter the U.S. illegally between ports of entry is an at
all-time high, CBP must be provided enough manpower to address
the crisis head on. The Committee agrees with Border Patrol
Chief Ortiz, who testified before the Committee that
maintaining a minimum of 22,000 full-time employees is pivotal
in addressing the crisis at the border. Moreover, the Committee
believes that it is critical to retain talented agents,
particularly at such a pressing time; as such, a retention
bonus will be disseminated to qualifying Border Patrol agents
who meet certain criteria as a first step in addressing Border
Patrol's retention challenges. With the hiring, training, and
assigning of additional personnel along the borders, the
Committee believes CBP will increase their ability to stop the
flow of illegal immigration and drug smuggling, especially in
between ports of entry.
Sec. 9. Anti-Border Corruption Act reauthorization
This section amends the Anti-Border Corruption Act of 2010,
which grants the Commissioner of CBP polygraph waiver authority
for hiring flexibility. Under this provision, the Commissioner
is required to waive the polygraph requirement for certain
applicants and any individual who receives a waiver would not
be exempt from other hiring requirements relating to
suitability for employment and eligibility to hold a national
security designated position. Annually, the Commissioner must
submit a report noting the number of waivers issued and the
percentage of applicants hired with a waiver in addition to
information relating to the polygraph program.
The Committee believes in hiring the best applicants for
the job--by waiving the polygraph requirement for certain
applicants, CBP will be better positioned to hire top-notch
individuals who may otherwise be rejected. Moreover, the
Committee believes that this streamlined approach in hiring law
enforcement officers and select military members will support
CBP's efforts to fill current and future vacancies in an
expeditious manner while maintaining hiring standards. The
retention challenges at CBP make this an important and timely
provision.
Sec. 10. Establishment of workload staffing models for U.S. Border
Patrol and Air and Marine Operations of CBP
This section requires CBP to develop and implement a
workload staffing model for the U.S. Border Patrol and for Air
and Marine Operations. The model would include (1)
consideration for essential frontline operator activities and
functions, (2) variations in operating environments, (3)
present and planned infrastructure and technology, and (4)
required operations support levels. Moreover, this section
requires CBP to develop standard operating procedures for a
workforce tracking system, to train the workforce in the use of
the system, and to implement internal controls to ensure
accurate scheduling and reporting. A report to Congress on the
model must be submitted within one year.
The Committee believes that an agency staffing model will
provide a good baseline from which to operate and will allow
for better visibility when assessing operational needs.
Sec. 11. Operation Stonegarden
This section authorizes `Operation Stonegarden', which will
provide grants to eligible law enforcement agencies to enhance
border security. To establish eligibility for a grant, a law
enforcement agency would need to: (1) be in a state bordering
Canada or Mexico, or a state or territory with a maritime
border; (2) be involved in an active, ongoing CBP operation;
and (3) have an agreement in place with U.S. Immigration and
Customs Enforcement (ICE) to support enforcement operations.
For implementation, the section would authorize the
appropriation of $110,000,000 for each fiscal year from 2023
through 2027. Additionally, it adds a requirement for
notification to Congress should an applicant be denied a grant.
Further, there is a requirement to make recommendations for
other uses of such grants to support law enforcement agencies.
Securing the border requires assistance and coordination
from different levels of agencies and jurisdictions. By
providing grants to eligible state, local, and tribal law
enforcement entities, the Committee believes that our federal
law enforcement men and women will be better situated to combat
illegal immigration, human and drug trafficking and smuggling,
along with the ability to focus more on their respective
enforcement responsibilities. Additionally, the scale of the
current border crisis has had a major impact on state and local
law enforcement who are in need of additional resources.
Sec. 12. Air and Marine Operations flight hours
This section ensures that no later than 120 days after
enactment, Air and Marine Operations has the ability to carry
out no fewer than 110,000 annual flight hours and operate
unmanned aerial systems on the southern border 24 hours per
day. Furthermore, it includes authority for the CBP
Commissioner to contract for completion of mission-critical
hours.
While the Committee fully understands that AMO has their
own critical mission in securing the borders, the Committee
believes that AMO should continue to make a good faith effort
to provide the U.S. Border Patrol the ability to contract with
air support providers to fly mission critical hours.
Sec. 13. Eradication of Carrizo cane and salt cedar
This section requires the Secretary of Homeland Security,
in coordination with the heads of relevant Federal, State, and
local agencies, to hire contractors to eradicate the Carrizo
cane plant and salt cedar along the Rio Grande River in the
most cost-effective manner to maintain clear lines of view for
our CBP agents and officers. Such eradication must be completed
by the end of FY2027.
The Committee believes that Carrizo cane and salt cedar
provide two of the greatest tactical challenges to the
detection of illicit activity along the Rio Grande River. Due
to the vegetation's thickness, Border Patrol agents cannot
detect threats due to the lack of visibility until these
threats are either on the bank of the river, or in the water.
The Committee believes that in order to increase the detection
of illegal activity and to protect agent safety, Carrizo cane
and salt cedar must be eradicated along the Rio Grande River.
Sec. 14. Border Patrol Strategic Plan
This section requires CBP to issue a Border Patrol
Strategic Plan to enhance the security of the borders of the
United States. The plan will include consideration of U.S.
Border Patrol documents to address security gaps between ports
of entry, dissemination of information relating to border
security, situational awareness efforts, an assessment of
training programs, information relating to staffing
requirements, and information relating to border security
information received from state, local, Tribal, territorial,
and other Federal law enforcement agencies and border community
stakeholders.
The Committee believes that DHS must complete a
comprehensive strategy to secure the border to inform the
Department's own leadership of the efforts to gain situational
awareness and operational control, as well as information
shared by state, local, tribal, territorial enforcement
agencies.
Sec. 15. U.S. Customs and Border Protection spiritual readiness
This section requires, not later than one year following
enactment, and annually thereafter for five years, the
Commissioner of CBP to submit a report on the availability and
usage of the assistance of chaplains, prayer groups, houses of
worship, and other spiritual resources for CBP employees who
have attempted suicide, have suicidal ideation, are at risk of
suicide, and the impact of these resources.
CBP is facing an unprecedented crisis with respect to agent
and officer suicides. In an attempt to combat the crisis, the
Committee believes that it is pivotal to provide access to
resources for employees who are at risk. Nothing in this
section prevents those who do not partake in any spiritual
practice from seeking assistance through the spiritual
readiness program.
Sec. 16. Restrictions on funding
This section bars funding for the purpose of processing
aliens who arrive between ports of entry into the United
States. Additionally, no funds are authorized to be
appropriated for disbursement to any non-governmental
organization (NGO) that facilitates or encourages illegal
activity, including illegal entry, human and drug trafficking,
or human and drug smuggling. Further, NGOs cannot receive funds
to provide or facilitate transportation, lodging, or
immigration legal services to inadmissible aliens.
Not only do many of the current federal government policies
encourage illegal activity with regard to border security, NGOs
also have a propensity to enable and facilitate human smuggling
and trafficking by monetarily supporting those who enter the
country illegally. This creates an even strong business model
for smuggling organizations, who know that NGOs in the U.S.
will finish the journey for smuggled or trafficked migrants. As
such, moving forward, the Committee believes that taxpayers
should not be responsible for funding NGOs who support
inadmissible aliens. This would not eliminate the eligibility
of religious institutions and NGOs for grants through the
Nonprofit Security Grant Program (NSGP).
Sec. 17. Collection of DNA and biometric information at the border
This section requires that DHS certify to Congress that it
is complying with federal requirements for the collection of
DNA and biometrics.
The Committee believes that the federal government should
abide by all laws passed by Congress and not just those of
which the current administration agrees. DHS has fallen short
on these requirements for far too long.
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
This section requires the CBP Commissioner to triennially,
at minimum, review and update the policy manuals of both the
Office of Field Operations, related to inspections at ports of
entry, and of the U.S. Border Patrol, related to between ports
of entry, to ensure uniform implementation of inspection
practices. The provision also requires the CBP Commissioner to
inform Congress on any changes made to the manuals.
Keeping up to date component policy manuals is important to
ensure smooth agency operation and the Committee believes that
manuals that remain current prevent confusion when implementing
policy directives. This is a priority of the Committee as CBP
continues to be on the forefront of encountering and
interdicting illicit narcotics, especially fentanyl.
Sec. 19. Publication by U.S. Customs and Border Protection of
operational statistics
This section requires CBP to publish information and data
regarding the number of alien encounters and their
nationalities, gang affiliated apprehensions and their
nationalities, drug seizures, aliens with terrorist ties,
arrests of criminal aliens or those wanted by law enforcement
and their nationalities, known got aways, the number of
deceased aliens, and all other related statistics.
The Committee believes that publishing timely information
concerning alien encounters and apprehensions will provide
transparency to the American people regarding who and/or what
is attempting to enter the country and the risks that they
potentially pose to communities. The Committee finds DHS's lack
of transparency and misleading reporting around border
statistics and encounters to be unacceptable.
Sec. 20. Alien criminal background checks
This section requires CBP to annually certify that it has
access to criminal history databases of all countries of origin
and transit for aliens encountered by CBP.
To best prevent threats to our national security, CBP must
have access to the criminal history databases of all countries
of origin and transit for aliens entering the United States so
that the agency is aware of who is coming into the country and
what their intentions may be.
Sec. 21. Prohibited identification documents at airport security
checkpoints; Notification to immigration agencies
This section prohibits TSA from accepting as valid proof of
identification at an airport security checkpoint specific DHS,
ICE, or CBP forms that direct an individual to report to DHS,
including a warrant for arrest, a warrant of removal, an order
of release on recognizance, an order of supervision, a notice
to appear, an arrival/departure record, work authorization or
employment verification, or an alien booking record. Moreover,
the section permits the collection of biometric information
from individuals with invalid proof of identification seeking
entry into a sterile area of an airport to be submitted to the
Automated Biometric Identification System (IDENT).
Just as Americans are not permitted to use air travel
without a government-issued photo I.D., the Committee believes
that illegal aliens should not be authorized to travel to,
from, or within the United States without proper government-
issued photo I.D.
Sec. 22. Prohibition against any COVID-19 vaccine mandate or adverse
action against DHS employees
This section prohibits the Secretary of DHS from issuing
any COVID-19 vaccine mandate unless Congress has authorized
such a mandate, nor can the Secretary take adverse action
against any department employee based on his or her refusal to
receive the COVID-19 vaccine. The provision also requires the
Secretary to report the number of employees who were fired or
resigned due to the mandate, what the cost would be to
reinstate them, and how the department would effectuate
reinstatement.
The Committee believes that no DHS employee should be
punished for refusing to receive a vaccine. The Committee also
believes that employees, not the Department, are better suited
in making medical decisions for themselves. Therefore, the
Secretary of DHS is hereby prohibited from requiring Department
employees to decide between receiving the vaccine or losing his
or her job without a mandate issued by Congress.
Sec. 23. CBP One application limitation
This section requires DHS to 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, rather than the processing of
aliens.
The Committee believes that it is beyond the scope of DHS's
authority to utilize the CBP One application for any purpose
other than for which it was created. Given that the original
intent of the application was not to streamline the processing
of aliens into the United States, it is therefore prohibited
for such use.
Sec. 24. Report on designation of Mexican cartels as foreign terrorist
organizations
This section requires the Secretary of DHS to, in
consultation with the Secretary of State, submit a report to
Congress regarding whether a Mexican drug cartel meets the
criteria for designation as a foreign terrorist organization.
Additionally, the section clarifies that nothing in the 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.
Securing our nation's borders encompasses more than the
means of physical security. Each available tool should be
subjected to a cost-benefit analysis. As there is significant
interest in designating Mexican drug cartels as foreign
terrorist organizations, the Committee believes it is important
to first conduct fact-finding and analysis to inform such a
conversation. The Committee recognizes the significant threat
that drug cartels pose to our country and Americans.
Sec. 25. GAO study on costs incurred by states to secure the southwest
border
This section requires that a GAO study be conducted
concerning the actions taken by DHS that have added to the
costs incurred by states with respect to securing the southwest
border, as a result from the lack of federal action, the costs
associated with the actions that individual states along the
Southwest border have taken to secure the border, and the
feasibility of DHS reimbursing states for those costs.
It is the Constitutional responsibility of the Federal
government to secure our international borders. However, given
recent policy changes and decisions under the current
administration, that responsibility has seemingly been
projected onto the states that share a border with Mexico.
Therefore, the Committee believes that it is imperative that
the GAO conduct a study with respect to the costs that the
Federal government is forcing border states to incur at the
detriment of the states' own residents.
Sec. 26. Report by Inspector General of the Department of Homeland
Security
This section requires a report by the DHS Inspector General
to examine the economic and security impact of mass migration
to municipalities and states along the Southwest border. The
report shall examine the impact that mass migration has had on
state and local law enforcement, public school districts,
healthcare providers, and farmers and ranchers.
Current policies and failure to implement existing laws
have severely impacted both states and municipalities alike.
Consequently, the Committee believes that the DHS Inspector
General must submit a report to Congress detailing the impacts
that mass migration has had on Southwest border communities in
all aspects.
Sec. 27. Offsetting authorizations of appropriations
This section outlines the following programs that will be
cut or reduced in authorization to offset the cost of the bill.
No funds are authorized for the Alternatives to Detention Case
Management Pilot Program or the Office of the Immigration
Ombudsman. Additionally, no funds are authorized for the
purchase or use of electric vehicles or campus construction of
DHS St. Elizabeths. Finally, funds for the Office of
Intelligence and Analysis at DHS are hereby reduced and no
funds will be made available for the DHS Shelter Services
Program.
The Committee believes that it is absolutely critical to
our national security and sovereignty to secure our
international borders. However, actions to do so come at a
great cost. Therefore, the Committee believes that reducing
funding, and in some cases cutting, is necessary in order to
avoid superfluous government spending on ineffective programs
and to appropriately fund items that have been proven to
enhance border security.
Sec. 28. Report to Congress on foreign terrorist organizations
This section requires that the DHS Secretary, annually for
the next five years, submit a report to Congress detailing
foreign terrorist organizations' attempts to move their members
or affiliates into the United States through all borders.
The Committee believes that by tracking trends and
movements of foreign terrorist organization members and
affiliates, DHS will be better prepared in apprehending such
individuals before they are able to infiltrate the United
States.
Sec. 29. Assessment by the Inspector General of the Department of
Homeland Security on the mitigation of unmanned aircraft
systems at the southwest border
The DHS Inspector General shall submit to Congress an
assessment of CBP's ability to mitigate unmanned aircraft
systems at the Southwest border. The report shall include
information regarding intervention between January 1, 2021, and
the date of enactment, by any Federal agency affecting in any
manner CBP's authority to mitigate such systems.
The Committee is concerned that Border Patrol agents have
difficulty accessing federal land under the purview of the
Secretary of the Interior and Secretary of Agriculture
hindering their ability to complete their mission. Access to
the Southwest border on these Federal lands are often governed
by cumbersome Memoranda of Understanding that do not, in many
cases, provide the U.S. Border Patrol unfettered access for the
purposes of conducting motorized patrols. The Committee
believes that the U.S. Border Patrol must have unimpeded access
to, and along, the border in order to effectively complete its
mission. Additionally, the Committee has no desire to disturb
existing Memoranda of Understanding agreed to between CBP and
U.S. National Parks, provided that such memoranda give the
Border Patrol a suitable level of access.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
ILLEGAL IMMIGRATION REFORM AND IMMIGRANT RESPONSIBILITY ACT OF 1996
DIVISION C--ILLEGAL IMMIGRATION REFORM AND IMMIGRANT RESPONSIBILITY ACT
OF 1996
* * * * * * *
TITLE I--IMPROVEMENTS TO BORDER CONTROL, FACILITATION OF LEGAL ENTRY,
AND INTERIOR ENFORCEMENT
Subtitle A--Improved Enforcement at the Border
* * * * * * *
SEC. 102. IMPROVEMENT OF BARRIERS AT
BORDER.
[(a) In General.--The Secretary of Homeland Security shall
take such actions as may be necessary to install additional
physical barriers and roads (including the removal of obstacles
to detection of illegal entrants) in the vicinity of the United
States border to deter illegal crossings in areas of high
illegal entry into the United States.]
(a) In General.--The Secretary of Homeland Security shall
take such actions as may be necessary (including the removal of
obstacles to detection of illegal entrants) to 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.
(b) Construction of [Fencing and Road Improvements] Physical
Barriers Along the Border.--
(1) Additional [fencing] barriers along southwest
border.--
[(A) Reinforced fencing.--In carrying out
subsection (a), the Secretary of Homeland
Security shall construct reinforced fencing
along not less than 700 miles of the southwest
border where fencing would be most practical
and effective and provide for the installation
of additional physical barriers, roads,
lighting, cameras, and sensors to gain
operational control of the southwest border.
[(B) Priority areas.--In carrying out this
section, the Secretary of Homeland Security
shall--
[(i) identify the 370 miles, or other
mileage determined by the Secretary,
whose authority to determine other
mileage shall expire on December 31,
2008, along the southwest border where
fencing would be most practical and
effective in deterring smugglers and
aliens attempting to gain illegal entry
into the United States; and
[(ii) not later than December 31,
2008, complete construction of
reinforced fencing along the miles
identified under clause (i).]
(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.
(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.
(C) Consultation.--
[(i) In general.--In carrying out
this section, the Secretary of Homeland
Security shall consult with the
Secretary of the Interior, the
Secretary of Agriculture, States, local
governments, Indian tribes, and
property owners in the United States to
minimize the impact on the environment,
culture, commerce, and quality of life
for the communities and residents
located near the sites at which such
fencing is to be constructed.]
(i) In general.--In carrying out this
section, the Secretary of Homeland
Security shall 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.
(ii) Savings provision.--Nothing in
this subparagraph may be construed to--
(I) create or negate any
right of action for a State,
local government, or other
person or entity affected by
this subsection; [or]
[(II) affect the eminent
domain laws of the United
States or of any State.]
(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
(III) create any right or
liability for any party.
[(D) Limitation on requirements.--
Notwithstanding subparagraph (A), nothing in
this paragraph shall require the Secretary of
Homeland Security to install fencing, physical
barriers, roads, lighting, cameras, and sensors
in a particular location along an international
border of the United States, if the Secretary
determines that the use or placement of such
resources is not the most appropriate means to
achieve and maintain operational control over
the international border at such location.]
(2) Prompt acquisition of necessary easements.--The
[Attorney General] Secretary of Homeland Security,
acting under the authority conferred in section 103(b)
of the Immigration and Nationality Act (as inserted by
subsection (d)), shall promptly acquire such easements
as may be necessary to carry out [this subsection] this
section and shall commence [construction of fences] the
construction of physical barriers, tactical
infrastructure, and technology immediately following
such acquisition (or conclusion of portions thereof).
[(3) Safety features.--The Attorney General, while
constructing the additional fencing under this
subsection, shall incorporate such safety features into
the design of the fence system as are necessary to
ensure the well-being of border patrol agents deployed
within or in near proximity to the system.]
(3) Agent safety.--In carrying out this section, the
Secretary of Homeland Security, when 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.
(4) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be
necessary to carry out [this subsection] this section.
Amounts appropriated under this paragraph are
authorized to remain available until expended.
(c) Waiver.--
[(1) In general.--Notwithstanding any other provision
of law, the Secretary of Homeland Security shall have
the authority to waive all legal requirements such
Secretary, in such Secretary's sole discretion,
determines necessary to ensure expeditious construction
of the barriers and roads under this section. Any such
decision by the Secretary shall be effective upon being
published in the Federal Register.]
(1) In general.--Notwithstanding any other provision
of law, the Secretary of Homeland Security 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.
(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.
[(2)] (3) Federal court review.--
(A) In general.--The district courts of the
United States shall have exclusive jurisdiction
to hear all causes or claims arising from any
action undertaken, or any decision made, by the
Secretary of Homeland Security pursuant to
paragraph (1). A cause of action or claim may
only be brought alleging a violation of the
Constitution of the United States. The court
shall not have jurisdiction to hear any claim
not specified in this subparagraph.
(B) Time for filing of complaint.--Any cause
or claim brought pursuant to subparagraph (A)
shall be filed not later than 60 days after the
date of the action or decision made by the
Secretary of Homeland Security. A claim shall
be barred unless it is filed within the time
specified.
(C) Ability to seek appellate review.--An
interlocutory or final judgment, decree, or
order of the district court may be reviewed
only upon petition for a writ of certiorari to
the Supreme Court of the United States.
(d) Omitted--[Amends another Act.]
(e) 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.
* * * * * * *
----------
HOMELAND SECURITY ACT OF 2002
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Homeland
Security Act of 2002''.
(b) Table of Contents.--The table of contents for this Act is
as follows:
Sec. 1. Short title; table of contents.
* * * * * * *
TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY
* * * * * * *
Subtitle C--Miscellaneous Provisions
* * * * * * *
Sec. 437. Border security technology program management.
* * * * * * *
TITLE XX--HOMELAND SECURITY GRANTS
Sec. 2001. Definitions.
Subtitle A--Grants to States and High-Risk Urban Areas
* * * * * * *
Sec. 2010. Operation Stonegarden.
* * * * * * *
TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY
* * * * * * *
Subtitle B--U.S. Customs and Border Protection
SEC. 411. ESTABLISHMENT OF U.S. CUSTOMS AND BORDER PROTECTION;
COMMISSIONER, DEPUTY COMMISSIONER, AND OPERATIONAL
OFFICES.
(a) In General.--There is established in the Department an
agency to be known as U.S. Customs and Border Protection.
(b) Commissioner of U.S. Customs and Border Protection.--
(1) In general.--There shall be at the head of U.S.
Customs and Border Protection a Commissioner of U.S.
Customs and Border Protection (in this section referred
to as the ``Commissioner'').
(2) Committee referral.--As an exercise of the
rulemaking power of the Senate, any nomination for the
Commissioner submitted to the Senate for confirmation,
and referred to a committee, shall be referred to the
Committee on Finance.
(c) Duties.--The Commissioner shall--
(1) coordinate and integrate the security, trade
facilitation, and trade enforcement functions of U.S.
Customs and Border Protection;
(2) ensure the interdiction of persons and goods
illegally entering or exiting the United States;
(3) facilitate and expedite the flow of legitimate
travelers and trade;
(4) direct and administer the commercial operations
of U.S. Customs and Border Protection, and the
enforcement of the customs and trade laws of the United
States;
(5) detect, respond to, and interdict terrorists,
drug smugglers and traffickers, human smugglers and
traffickers, and other persons who may undermine the
security of the United States, in cases in which such
persons are entering, or have recently entered, the
United States;
(6) safeguard the borders of the United States to
protect against the entry of dangerous goods;
(7) ensure the overall economic security of the
United States is not diminished by efforts, activities,
and programs aimed at securing the homeland;
(8) in coordination with U.S. Immigration and Customs
Enforcement and United States Citizenship and
Immigration Services, enforce and administer all
immigration laws, as such term is defined in paragraph
(17) of section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)), including--
(A) the inspection, processing, and admission
of persons who seek to enter or depart the
United States; and
(B) the detection, interdiction, removal,
departure from the United States, short-term
detention, and transfer of persons unlawfully
entering, or who have recently unlawfully
entered, the United States;
(9) develop and implement screening and targeting
capabilities, including the screening, reviewing,
identifying, and prioritizing of passengers and cargo
across all international modes of transportation, both
inbound and outbound;
(10) in coordination with the Secretary, deploy
technology to collect the data necessary for the
Secretary to administer the biometric entry and exit
data system pursuant to section 7208 of the
Intelligence Reform and Terrorism Prevention Act of
2004 (8 U.S.C. 1365b);
(11) enforce and administer the laws relating to
agricultural import and entry inspection referred to in
section 421;
(12) in coordination with the Under Secretary for
Management of the Department, ensure U.S. Customs and
Border Protection complies with Federal law, the
Federal Acquisition Regulation, and the Department's
acquisition management directives for major acquisition
programs of U.S. Customs and Border Protection;
(13) ensure that the policies and regulations of U.S.
Customs and Border Protection are consistent with the
obligations of the United States pursuant to
international agreements;
(14) enforce and administer--
(A) the Container Security Initiative program
under section 205 of the Security and
Accountability for Every Port Act of 2006 (6
U.S.C. 945); and
(B) the Customs-Trade Partnership Against
Terrorism program under subtitle B of title II
of such Act (6 U.S.C. 961 et seq.);
(15) conduct polygraph examinations in accordance
with section 3(1) of the Anti-Border Corruption Act of
2010 (Public Law 111-376; 124 Stat. 4105);
(16) establish the standard operating procedures
described in subsection (k);
(17) carry out the training required under subsection
(l);
(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;
[(18)] (20) carry out section 418, relating to the
issuance of Asia-Pacific Economic Cooperation Business
Travel Cards; and
[(19)] (21) carry out other duties and powers
prescribed by law or delegated by the Secretary.
(d) Deputy Commissioner.--There shall be in U.S. Customs and
Border Protection a Deputy Commissioner who shall assist the
Commissioner in the management of U.S. Customs and Border
Protection.
(e) U.S. Border Patrol.--
(1) In general.--There is established in U.S. Customs
and Border Protection the U.S. Border Patrol.
(2) Chief.--There shall be at the head of the U.S.
Border Patrol a Chief, who shall--
(A) be at the level of Executive Assistant
Commissioner within U.S. Customs and Border
Protection; and
(B) report to the Commissioner.
(3) Duties.--The U.S. Border Patrol shall--
(A) serve as the law enforcement office of
U.S. Customs and Border Protection with primary
responsibility for interdicting persons
attempting to illegally enter or exit the
United States or goods being illegally imported
into or exported from the United States at a
place other than a designated port of entry;
(B) deter and prevent the illegal entry of
terrorists, terrorist weapons, persons, and
contraband; [and]
(C) carry out the small unmanned 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
[(C)] (D) carry out other duties and powers
prescribed by the Commissioner.
(f) Air and Marine Operations.--
(1) In general.--There is established in U.S. Customs
and Border Protection an office known as Air and Marine
Operations.
(2) Executive assistant commissioner.--There shall be
at the head of Air and Marine Operations an Executive
Assistant Commissioner, who shall report to the
Commissioner.
(3) Duties.--Air and Marine Operations shall--
(A) serve as the law enforcement office
within U.S. Customs and Border Protection with
primary responsibility to detect, interdict,
and prevent acts of terrorism and the unlawful
movement of people, illicit drugs, and other
contraband across the borders of the United
States in the air and maritime environment;
(B) conduct joint aviation and marine
operations with U.S. Immigration and Customs
Enforcement;
(C) conduct aviation and marine operations
with international, Federal, State, and local
law enforcement agencies, as appropriate;
(D) administer the Air and Marine Operations
Center established under paragraph (4); and
(E) carry out other duties and powers
prescribed by the Commissioner.
(4) Air and marine operations center.--
(A) In general.--There is established in Air
and Marine Operations an Air and Marine
Operations Center.
(B) Executive director.--There shall be at
the head of the Air and Marine Operations
Center an Executive Director, who shall report
to the Executive Assistant Commissioner of Air
and Marine Operations.
(C) Duties.--The Air and Marine Operations
Center shall--
(i) manage the air and maritime
domain awareness of the Department, as
directed by the Secretary;
(ii) monitor and coordinate the
airspace for unmanned aerial systems
operations of Air and Marine Operations
in U.S. Customs and Border Protection;
(iii) detect, identify, and
coordinate a response to threats to
national security in the air domain, in
coordination with other appropriate
agencies, as determined by the
Executive Assistant Commissioner;
(iv) provide aviation and marine
support to other Federal, State,
tribal, and local agencies; and
(v) carry out other duties and powers
prescribed by the Executive Assistant
Commissioner.
(g) Office of Field Operations.--
(1) In general.--There is established in U.S. Customs
and Border Protection an Office of Field Operations.
(2) Executive assistant commissioner.--There shall be
at the head of the Office of Field Operations an
Executive Assistant Commissioner, who shall report to
the Commissioner.
(3) Duties.--The Office of Field Operations shall
coordinate the enforcement activities of U.S. Customs
and Border Protection at United States air, land, and
sea ports of entry to--
(A) deter and prevent terrorists and
terrorist weapons from entering the United
States at such ports of entry;
(B) conduct inspections at such ports of
entry to safeguard the United States from
terrorism and illegal entry of persons;
(C) prevent illicit drugs, agricultural
pests, and contraband from entering the United
States;
(D) in coordination with the Commissioner,
facilitate and expedite the flow of legitimate
travelers and trade;
(E) administer the National Targeting Center
established under paragraph (4);
(F) coordinate with the Executive Assistant
Commissioner for the Office of Trade with
respect to the trade facilitation and trade
enforcement activities of U.S. Customs and
Border Protection; and
(G) carry out other duties and powers
prescribed by the Commissioner.
(4) National targeting center.--
(A) In general.--There is established in the
Office of Field Operations a National Targeting
Center.
(B) Executive director.--There shall be at
the head of the National Targeting Center an
Executive Director, who shall report to the
Executive Assistant Commissioner of the Office
of Field Operations.
(C) Duties.--The National Targeting Center
shall--
(i) serve as the primary forum for
targeting operations within U.S.
Customs and Border Protection to
collect and analyze traveler and cargo
information in advance of arrival in
the United States to identify and
address security risks and strengthen
trade enforcement;
(ii) identify, review, and target
travelers and cargo for examination;
(iii) coordinate the examination of
entry and exit of travelers and cargo;
(iv) develop and conduct commercial
risk assessment targeting with respect
to cargo destined for the United
States;
(v) coordinate with the
Transportation Security Administration,
as appropriate;
(vi) issue Trade Alerts pursuant to
section 111(b) of the Trade
Facilitation and Trade Enforcement Act
of 2015; and
(vii) carry out other duties and
powers prescribed by the Executive
Assistant Commissioner.
(5) Annual report on staffing.--
(A) In general.--Not later than 30 days after
the date of the enactment of the Trade
Facilitation and Trade Enforcement Act of 2015,
and annually thereafter, the Executive
Assistant Commissioner shall submit to the
Committee on Homeland Security and the
Committee on Ways and Means of the House of
Representatives and the Committee on Homeland
Security and Governmental Affairs and the
Committee on Finance of the Senate a report on
the staffing model for the Office of Field
Operations, including information on how many
supervisors, front-line U.S. Customs and Border
Protection officers, and support personnel are
assigned to each Field Office and port of
entry.
(B) Form.--The report required under
subparagraph (A) shall, to the greatest extent
practicable, be submitted in unclassified form,
but may be submitted in classified form, if the
Executive Assistant Commissioner determines
that such is appropriate and informs the
Committee on Homeland Security and the
Committee on Ways and Means of the House of
Representatives and the Committee on Homeland
Security and Governmental Affairs and the
Committee on Finance of the Senate of the
reasoning for such.
(h) Office of Intelligence.--
(1) In general.--There is established in U.S. Customs
and Border Protection an Office of Intelligence.
(2) Assistant commissioner.--There shall be at the
head of the Office of Intelligence an Assistant
Commissioner, who shall report to the Commissioner.
(3) Duties.--The Office of Intelligence shall--
(A) develop, provide, coordinate, and
implement intelligence capabilities into a
cohesive intelligence enterprise to support the
execution of the duties and responsibilities of
U.S. Customs and Border Protection;
(B) manage the counterintelligence operations
of U.S. Customs and Border Protection;
(C) establish, in coordination with the Chief
Intelligence Officer of the Department, as
appropriate, intelligence-sharing relationships
with Federal, State, local, and tribal agencies
and intelligence agencies;
(D) conduct risk-based covert testing of U.S.
Customs and Border Protection operations,
including for nuclear and radiological risks;
and
(E) carry out other duties and powers
prescribed by the Commissioner.
(i) Office of International Affairs.--
(1) In general.--There is established in U.S. Customs
and Border Protection an Office of International
Affairs.
(2) Assistant commissioner.--There shall be at the
head of the Office of International Affairs an
Assistant Commissioner, who shall report to the
Commissioner.
(3) Duties.--The Office of International Affairs, in
collaboration with the Office of Policy of the
Department, shall--
(A) coordinate and support U.S. Customs and
Border Protection's foreign initiatives,
policies, programs, and activities;
(B) coordinate and support U.S. Customs and
Border Protection's personnel stationed abroad;
(C) maintain partnerships and information-
sharing agreements and arrangements with
foreign governments, international
organizations, and United States agencies in
support of U.S. Customs and Border Protection's
duties and responsibilities;
(D) provide necessary capacity building,
training, and assistance to foreign customs and
border control agencies to strengthen border,
global supply chain, and travel security, as
appropriate;
(E) coordinate mission support services to
sustain U.S. Customs and Border Protection's
global activities;
(F) coordinate with customs authorities of
foreign countries with respect to trade
facilitation and trade enforcement;
(G) coordinate U.S. Customs and Border
Protection's engagement in international
negotiations;
(H) advise the Commissioner with respect to
matters arising in the World Customs
Organization and other international
organizations as such matters relate to the
policies and procedures of U.S. Customs and
Border Protection;
(I) advise the Commissioner regarding
international agreements to which the United
States is a party as such agreements relate to
the policies and regulations of U.S. Customs
and Border Protection; and
(J) carry out other duties and powers
prescribed by the Commissioner.
(j) Office of Professional Responsibility.--
(1) In general.--There is established in U.S. Customs
and Border Protection an Office of Professional
Responsibility.
(2) Assistant commissioner.--There shall be at the
head of the Office of Professional Responsibility an
Assistant Commissioner, who shall report to the
Commissioner.
(3) Duties.--The Office of Professional
Responsibility shall--
(A) investigate criminal and administrative
matters and misconduct by officers, agents, and
other employees of U.S. Customs and Border
Protection;
(B) manage integrity-related programs and
policies of U.S. Customs and Border Protection;
(C) conduct research and analysis regarding
misconduct of officers, agents, and other
employees of U.S. Customs and Border
Protection; and
(D) carry out other duties and powers
prescribed by the Commissioner.
(k) Standard Operating Procedures.--
(1) In general.--The Commissioner shall establish--
(A) standard operating procedures for
searching, reviewing, retaining, and sharing
information contained in communication,
electronic, or digital devices encountered by
U.S. Customs and Border Protection personnel at
United States ports of entry;
(B) standard use of force procedures that
officers and agents of U.S. Customs and Border
Protection may employ in the execution of their
duties, including the use of deadly force;
(C) uniform, standardized, and publicly-
available procedures for processing and
investigating complaints against officers,
agents, and employees of U.S. Customs and
Border Protection for violations of
professional conduct, including the timely
disposition of complaints and a written
notification to the complainant of the status
or outcome, as appropriate, of the related
investigation, in accordance with section 552a
of title 5, United States Code (commonly
referred to as the ``Privacy Act'' or the
``Privacy Act of 1974'');
(D) an internal, uniform reporting mechanism
regarding incidents involving the use of deadly
force by an officer or agent of U.S. Customs
and Border Protection, including an evaluation
of the degree to which the procedures required
under subparagraph (B) were followed; and
(E) standard operating procedures, acting
through the Executive Assistant Commissioner
for Air and Marine Operations and in
coordination with the Office for Civil Rights
and Civil Liberties and the Office of Privacy
of the Department, to provide command, control,
communication, surveillance, and reconnaissance
assistance through the use of unmanned aerial
systems, including the establishment of--
(i) a process for other Federal,
State, and local law enforcement
agencies to submit mission requests;
(ii) a formal procedure to determine
whether to approve or deny such a
mission request;
(iii) a formal procedure to determine
how such mission requests are
prioritized and coordinated; and
(iv) a process regarding the
protection and privacy of data and
images collected by U.S. Customs and
Border Protection through the use of
unmanned aerial systems.
(2) Requirements regarding certain notifications.--
The standard operating procedures established pursuant
to subparagraph (A) of paragraph (1) shall require--
(A) in the case of a search of information
conducted on an electronic device by U.S.
Customs and Border Protection personnel, the
Commissioner to notify the individual subject
to such search of the purpose and authority for
such search, and how such individual may obtain
information on reporting concerns about such
search; and
(B) in the case of information collected by
U.S. Customs and Border Protection through a
search of an electronic device, if such
information is transmitted to another Federal
agency for subject matter assistance,
translation, or decryption, the Commissioner to
notify the individual subject to such search of
such transmission.
(3) Exceptions.--The Commissioner may withhold the
notifications required under paragraphs (1)(C) and (2)
if the Commissioner determines, in the sole and
unreviewable discretion of the Commissioner, that such
notifications would impair national security, law
enforcement, or other operational interests.
(4) Update and review.--The Commissioner shall review
and update every three years the standard operating
procedures required under this subsection.
(5) Audits.--The Inspector General of the Department
of Homeland Security shall develop and annually
administer, during each of the three calendar years
beginning in the calendar year that begins after the
date of the enactment of the Trade Facilitation and
Trade Enforcement Act of 2015, an auditing mechanism to
review whether searches of electronic devices at or
between United States ports of entry are being
conducted in conformity with the standard operating
procedures required under subparagraph (A) of paragraph
(1). Such audits shall be submitted to the Committee on
Homeland Security of the House of Representatives and
the Committee on Homeland Security and Governmental
Affairs of the Senate and shall include the following:
(A) A description of the activities of
officers and agents of U.S. Customs and Border
Protection with respect to such searches.
(B) The number of such searches.
(C) The number of instances in which
information contained in such devices that were
subjected to such searches was retained,
copied, shared, or entered in an electronic
database.
(D) The number of such devices detained as
the result of such searches.
(E) The number of instances in which
information collected from such devices was
subjected to such searches and was transmitted
to another Federal agency, including whether
such transmissions resulted in a prosecution or
conviction.
(6) Requirements regarding other notifications.--The
standard use of force procedures established pursuant
to subparagraph (B) of paragraph (1) shall require--
(A) in the case of an incident of the use of
deadly force by U.S. Customs and Border
Protection personnel, the Commissioner to
notify the Committee on Homeland Security of
the House of Representatives and the Committee
on Homeland Security and Governmental Affairs
of the Senate; and
(B) the Commissioner to provide to such
committees a copy of the evaluation pursuant to
subparagraph (D) of such paragraph not later
than 30 days after completion of such
evaluation.
(7) Report on unmanned aerial systems.--The
Commissioner shall submit to the Committee on Homeland
Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs
of the Senate an annual report, for each of the three
calendar years beginning in the calendar year that
begins after the date of the enactment of the Trade
Facilitation and Trade Enforcement Act of 2015, that
reviews whether the use of unmanned aerial systems is
being conducted in conformity with the standard
operating procedures required under subparagraph (E) of
paragraph (1). Such reports--
(A) shall be submitted with the annual budget
of the United States Government submitted by
the President under section 1105 of title 31,
United States Code;
(B) may be submitted in classified form if
the Commissioner determines that such is
appropriate; and
(C) shall include--
(i) a detailed description of how,
where, and for how long data and images
collected through the use of unmanned
aerial systems by U.S. Customs and
Border Protection are collected and
stored; and
(ii) a list of Federal, State, and
local law enforcement agencies that
submitted mission requests in the
previous year and the disposition of
such requests.
(l) Training.--The Commissioner shall require all officers
and agents of U.S. Customs and Border Protection to participate
in a specified amount of continuing education (to be determined
by the Commissioner) to maintain an understanding of Federal
legal rulings, court decisions, and departmental policies,
procedures, and guidelines.
(m) Short-term Detention Standards.--
(1) Access to food and water.--The Commissioner shall
make every effort to ensure that adequate access to
food and water is provided to an individual apprehended
and detained at a United States port of entry or
between ports of entry as soon as practicable following
the time of such apprehension or during subsequent
short-term detention.
(2) Access to information on detainee rights at
border patrol processing centers.--
(A) In general.--The Commissioner shall
ensure that an individual apprehended by a U.S.
Border Patrol agent or an Office of Field
Operations officer is provided with information
concerning such individual's rights, including
the right to contact a representative of such
individual's government for purposes of United
States treaty obligations.
(B) Form.--The information referred to in
subparagraph (A) may be provided either
verbally or in writing, and shall be posted in
the detention holding cell in which such
individual is being held. The information shall
be provided in a language understandable to
such individual.
(3) Short-term detention defined.--In this
subsection, the term ``short-term detention'' means
detention in a U.S. Customs and Border Protection
processing center for 72 hours or less, before
repatriation to a country of nationality or last
habitual residence.
(4) Daytime repatriation.--When practicable,
repatriations shall be limited to daylight hours and
avoid locations that are determined to have high
indices of crime and violence.
(5) Report on procurement process and standards.--Not
later than 180 days after the date of the enactment of
the Trade Facilitation and Trade Enforcement Act of
2015, the Comptroller General of the United States
shall submit to the Committee on Homeland Security of
the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the
Senate a report on the procurement process and
standards of entities with which U.S. Customs and
Border Protection has contracts for the transportation
and detention of individuals apprehended by agents or
officers of U.S. Customs and Border Protection. Such
report should also consider the operational efficiency
of contracting the transportation and detention of such
individuals.
(6) Report on inspections of short-term custody
facilities.--The Commissioner shall--
(A) annually inspect all facilities utilized
for short-term detention; and
(B) make publicly available information
collected pursuant to such inspections,
including information regarding the
requirements under paragraphs (1) and (2) and,
where appropriate, issue recommendations to
improve the conditions of such facilities.
(n) Wait Times Transparency.--
(1) In general.--The Commissioner shall--
(A) publish live wait times for travelers
entering the United States at the 20 United
States airports that support the highest volume
of international travel (as determined by
available Federal flight data);
(B) make information about such wait times
available to the public in real time through
the U.S. Customs and Border Protection website;
(C) submit to the Committee on Homeland
Security and the Committee on Ways and Means of
the House of Representatives and the Committee
on Homeland Security and Governmental Affairs
and the Committee on Finance of the Senate, for
each of the five calendar years beginning in
the calendar year that begins after the date of
the enactment of the Trade Facilitation and
Trade Enforcement Act of 2015, a report that
includes compilations of all such wait times
and a ranking of such United States airports by
wait times; and
(D) provide adequate staffing at the U.S.
Customs and Border Protection information
center to ensure timely access for travelers
attempting to submit comments or speak with a
representative about their entry experiences.
(2) Calculation.--The wait times referred to in
paragraph (1)(A) shall be determined by calculating the
time elapsed between an individual's entry into the
U.S. Customs and Border Protection inspection area and
such individual's clearance by a U.S. Customs and
Border Protection officer.
(o) Other Authorities.--
(1) In general.--The Secretary may establish such
other offices or positions of Assistant Commissioners
(or other similar officers or officials) as the
Secretary determines necessary to carry out the
missions, duties, functions, and authorities of U.S.
Customs and Border Protection.
(2) Notification.--If the Secretary exercises the
authority provided under paragraph (1), the Secretary
shall notify the Committee on Homeland Security and the
Committee on Ways and Means of the House of
Representatives and the Committee on Homeland Security
and Governmental Affairs and the Committee on Finance
of the Senate not later than 30 days before exercising
such authority.
(3) Rescue beacons.--Beginning in fiscal year 2019,
in carrying out subsection (c)(8), the Commissioner
shall purchase, deploy, and maintain not more than 250
self-powering, 9-1-1 cellular relay rescue beacons
along the southern border of the United States at
locations determined appropriate by the Commissioner to
mitigate migrant deaths.
(p) Reports to Congress.--The Commissioner shall, on and
after the date of the enactment of the Trade Facilitation and
Trade Enforcement Act of 2015, continue to submit to the
Committee on Homeland Security and the Committee on Ways and
Means of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs and the Committee on
Finance of the Senate any report required, on the day before
such date of enactment, to be submitted under any provision of
law.
(q) Other Federal Agencies.--Nothing in this section may be
construed as affecting in any manner the authority, existing on
the day before the date of the enactment of the Trade
Facilitation and Trade Enforcement Act of 2015, of any other
Federal agency or component of the Department.
(r) Definitions.--In this section, the terms ``commercial
operations'', ``customs and trade laws of the United States'',
``trade enforcement'', and ``trade facilitation'' have the
meanings given such terms in section 2 of the Trade
Facilitation and Trade Enforcement Act of 2015.
* * * * * * *
Subtitle C--Miscellaneous Provisions
* * * * * * *
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.
* * * * * * *
TITLE XX--HOMELAND SECURITY GRANTS
* * * * * * *
Subtitle A--Grants to States and High-Risk Urban Areas
SEC. 2002. HOMELAND SECURITY GRANT PROGRAMS.
[(a) Grants Authorized.--The Secretary, through the
Administrator, may award grants under sections 2003, 2004, and
2009 to State, local, and tribal governments.]
(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.
(b) Programs Not Affected.--This subtitle shall not be
construed to affect any of the following Federal programs:
(1) Firefighter and other assistance programs
authorized under the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2201 et seq.).
(2) Grants authorized under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.).
(3) Emergency Management Performance Grants under the
amendments made by title II of the Implementing
Recommendations of the 9/11 Commission Act of 2007.
(4) Grants to protect critical infrastructure,
including port security grants authorized under section
70107 of title 46, United States Code, and the grants
authorized under title XIV and XV of the Implementing
Recommendations of the 9/11 Commission Act of 2007 and
the amendments made by such titles.
(5) The Metropolitan Medical Response System
authorized under section 635 of the Post-Katrina
Emergency Management Reform Act of 2006 (6 U.S.C. 723).
(6) The Interoperable Emergency Communications Grant
Program authorized under title XVIII.
(7) Grant programs other than those administered by
the Department.
(c) Relationship to Other Laws.--
(1) In general.--The grant programs authorized under
sections 2003 and 2004 shall supercede all grant
programs authorized under section 1014 of the USA
PATRIOT Act (42 U.S.C. 3714).
(2) Allocation.--The allocation of grants authorized
under section 2003 or 2004 shall be governed by the
terms of this subtitle and not by any other provision
of law.
* * * * * * *
SEC. 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.
* * * * * * *
----------
ANTI-BORDER CORRUPTION ACT OF 2010
* * * * * * *
SEC. 3. REQUIREMENTS WITH RESPECT TO ADMINISTERING POLYGRAPH
EXAMINATIONS TO LAW ENFORCEMENT PERSONNEL OF U.S.
CUSTOMS AND BORDER PROTECTION.
(a) In General.--The Secretary of Homeland Security shall
ensure that--
(1) by not later than 2 years after the date of the
enactment of this Act, all applicants for law
enforcement positions with U.S. Customs and Border
Protection (except as provided in subsection (b))
receive polygraph examinations before being hired for
such a position; and
(2) by not later than 180 days after the date of the
enactment of this Act, U.S. Customs and Border
Protection initiates all periodic background
reinvestigations for all law enforcement personnel of
U.S. Customs and Border Protection that should receive
periodic background reinvestigations pursuant to
relevant policies of U.S. Customs and Border Protection
in effect on the day before the date of the enactment
of this Act.
[(b) Waiver.--The Commissioner of U.S. Customs and Border
Protection may waive the polygraph examination requirement
under subsection (a)(1) for any applicant who--
[(1) is deemed suitable for employment;
[(2) holds a current, active Top Secret/Sensitive
Compartmented Information Clearance;
[(3) has a current Single Scope Background
Investigation;
[(4) was not granted any waivers to obtain his or her
clearance; and
[(5) is a veteran (as defined in section 2108 of
title 5, United States Code).]
(b) Waiver 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.
* * * * * * *
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.
MINORITY VIEWS
On behalf of Committee on Homeland Security Democrats, I
submit these Minority Views in opposition to H.R. 2794--a
cruel, extreme, and unworkable bill that doubles down on the
Trump Administration's failed, illegal, and inhumane MAGA
immigration and border policies.
On April 26, 2023, the Committee on Homeland Security met
for nearly 17 hours to consider H.R. 2794. The Majority
circulated the 69-page amendment in the nature of a substitute
(ANS) and the underlying bill just 15 minutes prior to when
required under Rule V of the Committee's Rules. It was the
first time Committee Democrats, the Department of Homeland
Security, and Customs and Border Protection (CBP) got to see a
measure that, if enacted, would upend border enforcement
operations and villainize not only vulnerable migrants, but
also the community and religious organizations working to
provide them with basic necessities. Furthermore, for all the
rhetoric from the Republicans about wanting to keep fentanyl
out of this country, the bill provides no resources to station
a single new officer in a port of entry--even though successive
Administrations have acknowledged that more than 90 percent of
this deadly drug come through ports of entry.
During the nearly 17 hours that the Committee met to
consider the Green ANS, Democrats offered 43 measures to remedy
significant shortcomings in the bill and append new provisions
to bolster CBP operations and build upon the Fiscal Year 2023
Omnibus Appropriations Act (Omnibus) which, under Democratic
leadership, provided over $17 billion to CBP to not only
enhance port of entry operations but also increase funding to
the U.S. Border Patrol by 17 percent. All 43 amendments were
rejected by Committee Republicans.
H.R. 2794 also doubles down on a failed strategy: wasting
money on Trump's impractical border wall--a wall Mexico did not
and will not pay for. The bill purports to pay for new wall
construction with unspent border wall balances but DHS has not
been able to identify any such funding. Further, Republicans
have failed to secure a Congressional Budget Office estimate to
provide a ballpark estimate of what it will cost to realize
Donald Trump's dream of a border wall. Regarding former-
President Trump's failed border policies, I would note that
Democrats offered an amendment to allow Committee Republicans
the opportunity to repudiate the Trump Administration's cruel
and ineffective Zero Tolerance family separation policy, but
all Committee Republicans opposed it.
Instead of providing bipartisan solutions to fix our broken
immigration system, H.R. 2794, along with the extreme MAGA
immigration bill advanced by Republicans on the House Judiciary
Committee, would tear at the fabric of American values by
drastically limiting asylum opportunities, while doing nothing
to create an orderly system. This xenophobic bill flies in the
face of religious values that Republicans claim to live by.
This cruel bill villainizes refugee relief organizations in
the United States and cuts off DHS funding for vital services
to immigrants. During consideration of H.R. 2794, Democrats
effectively argued that the bill punished local officials,
religious and other nonprofits--and even residents--who provide
basic care and support to children and families fleeing
horrific conditions we would never tolerate for ourselves or
our loved ones. Republicans protested but, well past midnight,
offered an amendment to alter the damaging language. Still,
even with the adoption of that amendment, offered by Mr. Guest,
H.R. 2794 would still bar DHS from providing funds to community
and religious organizations working with immigrants and
countless others that have provided life-saving services. The
Guest amendment fails to remedy address many far-reaching
consequences of the bill that Democrats highlighted--such as,
for example, a prohibition on DHS funds to FEMA's
nongovernmental disaster response partners for lodging or
transportation out of a disaster zone unless the organization
is able to verify the immigration status of all individuals it
assists.
Finally, I would note that during consideration of H.R.
2794, Democrats offered a range of amendments targeted at
improving the livelihood and wellbeing of the entire frontline
CBP workforce, and all were rejected. Republicans even rejected
an amendment I offered to increase the number of CBP Officers
at ports of entry by 1,700--the number needed according to
CBP's workforce staffing model. And while Republicans may tout
that H.R. 2794 would increase the number of Border Patrol
agents to 22,000, it does not undo the fact that at the same
time this measure was under consideration in Committee, House
Republicans approved legislation that would force DHS to cut
2,400 CBP Officers and Agents from its ranks.\1\
---------------------------------------------------------------------------
\1\Letter to the Honorable Rosa L. DeLauro from Zephranie Buetow,
Assistant Secretary for Legislative Affairs, U.S. Department of
Homeland Security (March 18, 2023).
---------------------------------------------------------------------------
At best, H.R. 2794 is a cynical effort to exploit irregular
migration at the southwest border--which is expected to
intensify with the termination of Title 42 health
restrictions--to make political points with Donald Trump and
his devoted extreme MAGA base. The hardworking civil servants
who work to keep our borders secure deserve so much better.
Bennie G. Thompson,
Ranking Member,
Committee on Homeland Security.
[all]