Us Congress House Bill HB2794 Introduced / Bill

                    IB 
Union Calendar No. 29 
118THCONGRESS 
1
STSESSION H. R. 2794 
[Report No. 118–45, Part I] 
To secure the international borders of the United States, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL24, 2023 
Mr. G
REENof Tennessee (for himself, Mr. HIGGINSof Louisiana, Mr. 
M
CCAUL, Mr. GUEST, Mr. BISHOPof North Carolina, Mr. GIMENEZ, Mr. 
P
FLUGER, Mr. GARBARINO, Mr. LALOTA, Mr. EZELL, Mr. D’ESPOSITO, 
Mr. S
TRONG, Mr. BRECHEEN, Mr. CRANE, Ms. GREENEof Georgia, Mr. 
T
ONYGONZALESof Texas, Mr. LUTTRELL, and Ms. LEEof Florida) in-
troduced the following bill; which was referred to the Committee on 
Homeland Security, and in addition to the Committees on Ways and 
Means, and the Judiciary, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
M
AY5, 2023 
Additional sponsors: Mr. E
LLZEY, Mr. RESCHENTHALER, Mr. EDWARDS, Mr. 
B
EANof Florida, Mr. NEHLS, Mr. SESSIONS, and Mr. PENCE 
M
AY5, 2023 
Reported from the Committee on Homeland Security with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
MAY5, 2023 
Committees on Ways and Means and the Judiciary discharged; committed to 
the Committee of the Whole House on the State of the Union and or-
dered to be printed 
[For text of introduced bill, see copy of bill as introduced on April 24, 2023] 
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A BILL 
To secure the international borders of the United States, 
and for other purposes. 
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Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3
(a) S
HORTTITLE.—This Act may be cited as the 4
‘‘Border Reinforcement Act of 2023’’. 5
(b) T
ABLE OFCONTENTS.—The table of contents for 6
this Act is as follows: 7
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 ad-
dress yearly losses of life; ensuring timely updates to U.S. Cus-
toms and Border Protection field manuals. 
Sec. 19. Publication by U.S. Customs and Border Protection of operational statis-
tics. 
Sec. 20. Alien criminal background checks. 
Sec. 21. Prohibited identification documents at airport security checkpoints; noti-
fication 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 organiza-
tions. 
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 Secu-
rity on the mitigation of unmanned aircraft systems at the 
southwest border. 
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SEC. 2. DEFINITIONS. 1
In this Act: 2
(1) CBP.—The term ‘‘CBP’’ means U.S. Cus-3
toms and Border Protection. 4
(2) C
OMMISSIONER.—The term ‘‘Commissioner’’ 5
means the Commissioner of U.S. Customs and Border 6
Protection. 7
(3) D
EPARTMENT.—The term ‘‘Department’’ 8
means the Department of Homeland Security. 9
(4) O
PERATIONAL CONTROL .—The term ‘‘oper-10
ational control’’ has the meaning given such term in 11
section 2(b) of the Secure Fence Act of 2006 (Public 12
Law 109–367; 8 U.S.C. 1701 note). 13
(5) S
ECRETARY.—The term ‘‘Secretary’’ means 14
the Secretary of Homeland Security. 15
(6) S
ITUATIONAL AWARENESS.—The term ‘‘situa-16
tional awareness’’ has the meaning given such term 17
in section 1092(a)(7) of the National Defense Author-18
ization Act for Fiscal Year 2017 (Public Law 114– 19
328; 6 U.S.C. 223(a)(7)). 20
(7) U
NMANNED AIRCRAFT SYSTEM .—The term 21
‘‘unmanned aircraft system’’ has the meaning given 22
such term in section 44801 of title 49, United States 23
Code. 24
SEC. 3. BORDER WALL CONSTRUCTION. 25
(a) I
NGENERAL.— 26
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(1) IMMEDIATE RESUMPTION OF BORDER WALL 1
CONSTRUCTION.—Not later than seven days after the 2
date of the enactment of this section, the Secretary 3
shall resume all activities related to the construction 4
of the border wall along the international border be-5
tween the United States and Mexico that were under-6
way or being planned for prior to January 20, 2021. 7
(2) U
SE OF FUNDS.—To carry out this section, 8
the Secretary shall expend all unexpired funds appro-9
priated or explicitly obligated for the construction of 10
the border wall that were appropriated or obligated, 11
as the case may be, for use beginning on October 1, 12
2019. 13
(3) U
SE OF MATERIALS.—Any unused materials 14
purchased before the date of the enactment of this sec-15
tion for construction of the border wall may be used 16
for activities related to the construction of the border 17
wall in accordance with paragraph (1). 18
(b) P
LAN TOCOMPLETETACTICALINFRASTRUCTURE 19
ANDTECHNOLOGY.—Not later than 90 days after the date 20
of the enactment of this section and annually thereafter 21
until construction of the border wall has been completed, 22
the Secretary shall submit to the appropriate congressional 23
committees an implementation plan, including annual 24
benchmarks for the construction of 200 miles of such wall 25
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and associated cost estimates for satisfying all requirements 1
of the construction of the border wall, including installation 2
and deployment of tactical infrastructure, technology, and 3
other elements as identified by the Department prior to 4
January 20, 2021, through the expenditure of funds appro-5
priated or explicitly obligated, as the case may be, for use, 6
as well as any future funds appropriated or otherwise made 7
available by Congress. 8
(c) D
EFINITIONS.—In this section: 9
(1) A
PPROPRIATE CONGRESSIONAL COMMIT -10
TEES.—The term ‘‘appropriate congressional commit-11
tees’’ means the Committee on Homeland Security 12
and the Committee on Appropriations of the House of 13
Representatives and the Committee on Homeland Se-14
curity and Governmental Affairs and the Committee 15
on Appropriations of the Senate. 16
(2) T
ACTICAL INFRASTRUCTURE .—The term 17
‘‘tactical infrastructure’’ includes boat ramps, access 18
gates, checkpoints, lighting, and roads associated with 19
a border wall. 20
(3) T
ECHNOLOGY.—The term ‘‘technology’’ in-21
cludes border surveillance and detection technology, 22
including linear ground detection systems, associated 23
with a border wall. 24
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SEC. 4. STRENGTHENING THE REQUIREMENTS FOR BAR-1
RIERS ALONG THE SOUTHERN BORDER. 2
Section 102 of the Illegal Immigration Reform and 3
Immigrant Responsibility Act of 1996 (Division C of Public 4
Law 104–208; 8 U.S.C. 1103 note) is amended— 5
(1) by amending subsection (a) to read as fol-6
lows: 7
‘‘(a) I
NGENERAL.—The Secretary of Homeland Secu-8
rity shall take such actions as may be necessary (including 9
the removal of obstacles to detection of illegal entrants) to 10
design, test, construct, install, deploy, integrate, and oper-11
ate physical barriers, tactical infrastructure, and tech-12
nology in the vicinity of the southwest border to achieve 13
situational awareness and operational control of the south-14
west border and deter, impede, and detect unlawful activ-15
ity.’’; 16
(2) in subsection (b)— 17
(A) in the subsection heading, by striking 18
‘‘F
ENCING ANDROADIMPROVEMENTS’’ and in-19
serting ‘‘P
HYSICALBARRIERS’’; 20
(B) in paragraph (1)— 21
(i) in the heading, by striking ‘‘
FENC-22
ING’’ and inserting ‘‘BARRIERS’’; 23
(ii) by amending subparagraph (A) to 24
read as follows: 25
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‘‘(A) REINFORCED BARRIERS.—In carrying 1
out this section, the Secretary of Homeland Se-2
curity shall construct a border wall, including 3
physical barriers, tactical infrastructure, and 4
technology, along not fewer than 900 miles of the 5
southwest border until situational awareness and 6
operational control of the southwest border is 7
achieved.’’; 8
(iii) by amending subparagraph (B) to 9
read as follows: 10
‘‘(B) P
HYSICAL BARRIERS AND TACTICAL 11
INFRASTRUCTURE.—In carrying out this section, 12
the Secretary of Homeland Security shall deploy 13
along the southwest border the most practical 14
and effective physical barriers, tactical infra-15
structure, and technology available for achieving 16
situational awareness and operational control of 17
the southwest border.’’; 18
(iv) in subparagraph (C)— 19
(I) by amending clause (i) to read 20
as follows: 21
‘‘(i) I
N GENERAL.—In carrying out 22
this section, the Secretary of Homeland Se-23
curity shall consult with the Secretary of 24
the Interior, the Secretary of Agriculture, 25
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appropriate representatives of State, Tribal, 1
and local governments, and appropriate 2
private property owners in the United 3
States to minimize the impact on natural 4
resources, commerce, and sites of historical 5
or cultural significance for the communities 6
and residents located near the sites at which 7
physical barriers, tactical infrastructure, 8
and technology are to be constructed. Such 9
consultation may not delay such construc-10
tion for longer than seven days.’’; and 11
(II) in clause (ii)— 12
(aa) in subclause (I), by 13
striking ‘‘or’’ after the semicolon 14
at the end; 15
(bb) by amending subclause 16
(II) to read as follows: 17
‘‘(II) delay the transfer to the 18
United States of the possession of prop-19
erty or affect the validity of any prop-20
erty acquisition by the United States 21
by purchase or eminent domain, or to 22
otherwise affect the eminent domain 23
laws of the United States or of any 24
State; or’’; and 25
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(cc) by adding at the end the 1
following new subclause: 2
‘‘(III) create any right or liability 3
for any party.’’; and 4
(v) by striking subparagraph (D); 5
(C) in paragraph (2)— 6
(i) by striking ‘‘Attorney General’’ and 7
inserting ‘‘Secretary of Homeland Secu-8
rity’’; 9
(ii) by striking ‘‘this subsection’’ and 10
inserting ‘‘this section’’; and 11
(iii) by striking ‘‘construction of 12
fences’’ and inserting ‘‘the construction of 13
physical barriers, tactical infrastructure, 14
and technology’’; 15
(D) by amending paragraph (3) to read as 16
follows: 17
‘‘(3) A
GENT SAFETY.—In carrying out this sec-18
tion, the Secretary of Homeland Security, when de-19
signing, testing, constructing, installing, deploying, 20
integrating, and operating physical barriers, tactical 21
infrastructure, or technology, shall incorporate such 22
safety features into such design, test, construction, in-23
stallation, deployment, integration, or operation of 24
such physical barriers, tactical infrastructure, or tech-25
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nology, as the case may be, that the Secretary deter-1
mines are necessary to maximize the safety and effec-2
tiveness of officers and agents of the Department of 3
Homeland Security or of any other Federal agency 4
deployed in the vicinity of such physical barriers, tac-5
tical infrastructure, or technology.’’; and 6
(E) in paragraph (4), by striking ‘‘this sub-7
section’’ and inserting ‘‘this section’’; 8
(3) in subsection (c)— 9
(A) by amending paragraph (1) to read as 10
follows: 11
‘‘(1) I
N GENERAL.—Notwithstanding any other 12
provision of law, the Secretary of Homeland Security 13
shall waive all legal requirements necessary to ensure 14
the expeditious design, testing, construction, installa-15
tion, deployment, integration, operation, and mainte-16
nance of the physical barriers, tactical infrastructure, 17
and technology under this section. The Secretary shall 18
ensure the maintenance and effectiveness of such 19
physical barriers, tactical infrastructure, or tech-20
nology. Any such action by the Secretary shall be ef-21
fective upon publication in the Federal Register.’’; 22
(B) by redesignating paragraph (2) as 23
paragraph (3); and 24
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(C) by inserting after paragraph (1) the fol-1
lowing new paragraph: 2
‘‘(2) N
OTIFICATION.—Not later than seven days 3
after the date on which the Secretary of Homeland 4
Security exercises a waiver pursuant to paragraph 5
(1), the Secretary shall notify the Committee on 6
Homeland Security of the House of Representatives 7
and the Committee on Homeland Security and Gov-8
ernmental Affairs of the Senate of such waiver.’’; and 9
(4) by adding at the end the following new sub-10
sections: 11
‘‘(e) T
ECHNOLOGY.—In carrying out this section, the 12
Secretary of Homeland Security shall deploy along the 13
southwest border the most practical and effective technology 14
available for achieving situational awareness and oper-15
ational control. 16
‘‘(f) D
EFINITIONS.—In this section: 17
‘‘(1) A
DVANCED UNATTENDED SURVEILLANCE 18
SENSORS.—The term ‘advanced unattended surveil-19
lance sensors’ means sensors that utilize an onboard 20
computer to analyze detections in an effort to discern 21
between vehicles, humans, and animals, and ulti-22
mately filter false positives prior to transmission. 23
‘‘(2) O
PERATIONAL CONTROL.—The term ‘oper-24
ational control’ has the meaning given such term in 25
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section 2(b) of the Secure Fence Act of 2006 (Public 1
Law 109–367; 8 U.S.C. 1701 note). 2
‘‘(3) P
HYSICAL BARRIERS.—The term ‘physical 3
barriers’ includes reinforced fencing, the border wall, 4
and levee walls. 5
‘‘(4) S
ITUATIONAL AWARENESS.—The term ‘situ-6
ational awareness’ has the meaning given such term 7
in section 1092(a)(7) of the National Defense Author-8
ization Act for Fiscal Year 2017 (Public Law 114– 9
328; 6 U.S.C. 223(a)(7)). 10
‘‘(5) T
ACTICAL INFRASTRUCTURE .—The term 11
‘tactical infrastructure’ includes boat ramps, access 12
gates, checkpoints, lighting, and roads. 13
‘‘(6) T
ECHNOLOGY.—The term ‘technology’ in-14
cludes border surveillance and detection technology, 15
including the following: 16
‘‘(A) Tower-based surveillance technology. 17
‘‘(B) Deployable, lighter-than-air ground 18
surveillance equipment. 19
‘‘(C) Vehicle and Dismount Exploitation 20
Radars (VADER). 21
‘‘(D) 3-dimensional, seismic acoustic detec-22
tion and ranging border tunneling detection 23
technology. 24
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‘‘(E) Advanced unattended surveillance sen-1
sors. 2
‘‘(F) Mobile vehicle-mounted and man-port-3
able surveillance capabilities. 4
‘‘(G) Unmanned aircraft systems. 5
‘‘(H) Tunnel detection systems and other 6
seismic technology. 7
‘‘(I) Fiber-optic cable. 8
‘‘(J) Other border detection, communica-9
tion, and surveillance technology. 10
‘‘(7) U
NMANNED AIRCRAFT SYSTEM .—The term 11
‘unmanned aircraft system’ has the meaning given 12
such term in section 44801 of title 49, United States 13
Code.’’. 14
SEC. 5. BORDER AND PORT SECURITY TECHNOLOGY IN-15
VESTMENT PLAN. 16
(a) I
NGENERAL.—Not later than 180 days after the 17
date of the enactment of this section, the Commissioner, in 18
consultation with covered officials and border and port se-19
curity technology stakeholders, shall submit to the appro-20
priate congressional committees a strategic 5-year tech-21
nology investment plan (in this section referred to as the 22
‘‘plan’’). The plan may include a classified annex, if appro-23
priate. 24
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(b) CONTENTS OFPLAN.—The plan shall include the 1
following: 2
(1) An analysis of security risks at and between 3
ports of entry along the northern and southern bor-4
ders of the United States. 5
(2) An identification of capability gaps with re-6
spect to security at and between such ports of entry 7
to be mitigated in order to— 8
(A) prevent terrorists and instruments of 9
terror from entering the United States; 10
(B) combat and reduce cross-border crimi-11
nal activity, including— 12
(i) the transport of illegal goods, such 13
as illicit drugs; and 14
(ii) human smuggling and human 15
trafficking; and 16
(C) facilitate the flow of legal trade across 17
the southwest border. 18
(3) An analysis of current and forecast trends 19
relating to the number of aliens who— 20
(A) unlawfully entered the United States by 21
crossing the northern or southern border of the 22
United States; or 23
(B) are unlawfully present in the United 24
States. 25
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(4) A description of security-related technology 1
acquisitions, to be listed in order of priority, to ad-2
dress the security risks and capability gaps analyzed 3
and identified pursuant to paragraphs (1) and (2), 4
respectively. 5
(5) A description of each planned security-re-6
lated technology program, including objectives, goals, 7
and timelines for each such program. 8
(6) An identification of each deployed security- 9
related technology that is at or near the end of the life 10
cycle of such technology. 11
(7) A description of the test, evaluation, mod-12
eling, and simulation capabilities, including target 13
methodologies, rationales, and timelines, necessary to 14
support the acquisition of security-related technologies 15
pursuant to paragraph (4). 16
(8) An identification and assessment of ways to 17
increase opportunities for communication and col-18
laboration with the private sector, small and dis-19
advantaged businesses, intragovernment entities, uni-20
versity centers of excellence, and federal laboratories 21
to ensure CBP is able to engage with the market for 22
security-related technologies that are available to sat-23
isfy its mission needs before engaging in an acquisi-24
tion of a security-related technology. 25
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(9) An assessment of the management of planned 1
security-related technology programs by the acquisi-2
tion workforce of CBP. 3
(10) An identification of ways to leverage al-4
ready-existing acquisition expertise within the Fed-5
eral Government. 6
(11) A description of the security resources, in-7
cluding information security resources, required to 8
protect security-related technology from physical or 9
cyber theft, diversion, sabotage, or attack. 10
(12) A description of initiatives to— 11
(A) streamline the acquisition process of 12
CBP; and 13
(B) provide to the private sector greater 14
predictability and transparency with respect to 15
such process, including information relating to 16
the timeline for testing and evaluation of secu-17
rity-related technology. 18
(13) An assessment of the privacy and security 19
impact on border communities of security-related 20
technology. 21
(14) In the case of a new acquisition leading to 22
the removal of equipment from a port of entry along 23
the northern or southern border of the United States, 24
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a strategy to consult with the private sector and com-1
munity stakeholders affected by such removal. 2
(15) A strategy to consult with the private sector 3
and community stakeholders with respect to security 4
impacts at a port of entry described in paragraph 5
(14). 6
(16) An identification of recent technological ad-7
vancements in the following: 8
(A) Manned aircraft sensor, communica-9
tion, and common operating picture technology. 10
(B) Unmanned aerial systems and related 11
technology, including counter-unmanned aerial 12
system technology. 13
(C) Surveillance technology, including the 14
following: 15
(i) Mobile surveillance vehicles. 16
(ii) Associated electronics, including 17
cameras, sensor technology, and radar. 18
(iii) Tower-based surveillance tech-19
nology. 20
(iv) Advanced unattended surveillance 21
sensors. 22
(v) Deployable, lighter-than-air, 23
ground surveillance equipment. 24
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(D) Nonintrusive inspection technology, in-1
cluding non-X-ray devices utilizing muon tomog-2
raphy and other advanced detection technology. 3
(E) Tunnel detection technology. 4
(F) Communications equipment, including 5
the following: 6
(i) Radios. 7
(ii) Long-term evolution broadband. 8
(iii) Miniature satellites. 9
(c) L
EVERAGING THEPRIVATESECTOR.—To the ex-10
tent practicable, the plan shall— 11
(1) leverage emerging technological capabilities, 12
and research and development trends, within the pub-13
lic and private sectors; 14
(2) incorporate input from the private sector, in-15
cluding from border and port security stakeholders, 16
through requests for information, industry day events, 17
and other innovative means consistent with the Fed-18
eral Acquisition Regulation; and 19
(3) identify security-related technologies that are 20
in development or deployed, with or without adapta-21
tion, that may satisfy the mission needs of CBP. 22
(d) F
ORM.—To the extent practicable, the plan shall 23
be published in unclassified form on the website of the De-24
partment. 25
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(e) DISCLOSURE.—The plan shall include an identi-1
fication of individuals not employed by the Federal Govern-2
ment, and their professional affiliations, who contributed 3
to the development of the plan. 4
(f) U
PDATE ANDREPORT.—Not later than the date 5
that is two years after the date on which the plan is sub-6
mitted to the appropriate congressional committees pursu-7
ant to subsection (a) and biennially thereafter for ten years, 8
the Commissioner shall submit to the appropriate congres-9
sional committees— 10
(1) an update of the plan, if appropriate; and 11
(2) a report that includes— 12
(A) the extent to which each security-related 13
technology acquired by CBP since the initial 14
submission of the plan or most recent update of 15
the plan, as the case may be, is consistent with 16
the planned technology programs and projects 17
described pursuant to subsection (b)(5); and 18
(B) the type of contract and the reason for 19
acquiring each such security-related technology. 20
(g) D
EFINITIONS.—In this section: 21
(1) A
PPROPRIATE CONGRESSIONAL COMMIT -22
TEES.—The term ‘‘appropriate congressional commit-23
tees’’ means— 24
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•HR 2794 RH
(A) the Committee on Homeland Security 1
and the Committee on Appropriations of the 2
House of Representatives; and 3
(B) the Committee on Homeland Security 4
and Governmental Affairs and the Committee on 5
Appropriations of the Senate. 6
(2) C
OVERED OFFICIALS.—The term ‘‘covered of-7
ficials’’ means— 8
(A) the Under Secretary for Management of 9
the Department; 10
(B) the Under Secretary for Science and 11
Technology of the Department; and 12
(C) the Chief Information Officer of the De-13
partment. 14
(3) U
NLAWFULLY PRESENT .—The term ‘‘unlaw-15
fully present’’ has the meaning provided such term in 16
section 212(a)(9)(B)(ii) of the Immigration and Na-17
tionality Act (8 U.S.C. 1182(a)(9)(B)(ii)). 18
SEC. 6. BORDER SECURITY TECHNOLOGY PROGRAM MAN-19
AGEMENT. 20
(a) I
NGENERAL.—Subtitle C of title IV of the Home-21
land Security Act of 2002 (6 U.S.C. 231 et seq.) is amended 22
by adding at the end the following new section: 23
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‘‘SEC. 437. BORDER SECURITY TECHNOLOGY PROGRAM 1
MANAGEMENT. 2
‘‘(a) M
AJORACQUISITIONPROGRAMDEFINED.—In 3
this section, the term ‘major acquisition program’ means 4
an acquisition program of the Department that is estimated 5
by the Secretary to require an eventual total expenditure 6
of at least $100,000,000 (based on fiscal year 2023 constant 7
dollars) over its life-cycle cost. 8
‘‘(b) P
LANNINGDOCUMENTATION.—For each border se-9
curity technology acquisition program of the Department 10
that is determined to be a major acquisition program, the 11
Secretary shall— 12
‘‘(1) ensure that each such program has a writ-13
ten acquisition program baseline approved by the rel-14
evant acquisition decision authority; 15
‘‘(2) document that each such program is satis-16
fying cost, schedule, and performance thresholds as 17
specified in such baseline, in compliance with rel-18
evant departmental acquisition policies and the Fed-19
eral Acquisition Regulation; and 20
‘‘(3) have a plan for satisfying program imple-21
mentation objectives by managing contractor perform-22
ance. 23
‘‘(c) A
DHERENCE TO STANDARDS.—The Secretary, 24
acting through the Under Secretary for Management and 25
the Commissioner of U.S. Customs and Border Protection, 26
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•HR 2794 RH
shall ensure border security technology acquisition program 1
managers who are responsible for carrying out this section 2
adhere to relevant internal control standards identified by 3
the Comptroller General of the United States. The Commis-4
sioner shall provide information, as needed, to assist the 5
Under Secretary in monitoring management of border secu-6
rity technology acquisition programs under this section. 7
‘‘(d) P
LAN.—The Secretary, acting through the Under 8
Secretary for Management, in coordination with the Under 9
Secretary for Science and Technology and the Commis-10
sioner of U.S. Customs and Border Protection, shall submit 11
to the Committee on Homeland Security of the House of 12
Representatives and the Committee on Homeland Security 13
and Governmental Affairs of the Senate a plan for testing, 14
evaluating, and using independent verification and valida-15
tion of resources relating to the proposed acquisition of bor-16
der security technology. Under such plan, the proposed ac-17
quisition of new border security technologies shall be evalu-18
ated through a series of assessments, processes, and audits 19
to ensure— 20
‘‘(1) compliance with relevant departmental ac-21
quisition policies and the Federal Acquisition Regula-22
tion; and 23
‘‘(2) the effective use of taxpayer dollars.’’. 24
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(b) CLERICALAMENDMENT.—The table of contents in 1
section 1(b) of the Homeland Security Act of 2002 is 2
amended by inserting after the item relating to section 436 3
the following new item: 4
‘‘Sec. 437. Border security technology program management.’’. 
(c) PROHIBITION ONADDITIONALAUTHORIZATION OF 5
A
PPROPRIATIONS.—No additional funds are authorized to 6
be appropriated to carry out section 437 of the Homeland 7
Security Act of 2002, as added by subsection (a). 8
SEC. 7. U.S. CUSTOMS AND BORDER PROTECTION TECH-9
NOLOGY UPGRADES. 10
(a) S
ECURECOMMUNICATIONS.—The Commissioner 11
shall ensure that each CBP officer or agent, as appropriate, 12
is equipped with a secure radio or other two-way commu-13
nication device that allows each such officer or agent to 14
communicate— 15
(1) between ports of entry and inspection sta-16
tions; and 17
(2) with other Federal, State, Tribal, and local 18
law enforcement entities. 19
(b) B
ORDERSECURITYDEPLOYMENTPROGRAM.— 20
(1) E
XPANSION.—Not later than September 30, 21
2025, the Commissioner shall— 22
(A) fully implement the Border Security 23
Deployment Program of CBP; and 24
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•HR 2794 RH
(B) expand the integrated surveillance and 1
intrusion detection system at land ports of entry 2
along the northern and southern borders of the 3
United States. 4
(2) A
UTHORIZATION OF APPROPRIATIONS .—In 5
addition to amounts otherwise authorized to be ap-6
propriated for such purpose, there is authorized to be 7
appropriated $33,000,000 for fiscal years 2024 and 8
2025 to carry out paragraph (1). 9
(c) U
PGRADE OFLICENSEPLATEREADERS ATPORTS 10
OFENTRY.— 11
(1) U
PGRADE.—Not later than two years after 12
the date of the enactment of this section, the Commis-13
sioner shall upgrade all existing license plate readers 14
in need of upgrade, as determined by the Commis-15
sioner, on the northern and southern borders of the 16
United States. 17
(2) A
UTHORIZATION OF APPROPRIATIONS .—In 18
addition to amounts otherwise authorized to be ap-19
propriated for such purpose, there is authorized to be 20
appropriated $125,000,000 for fiscal years 2023 and 21
2024 to carry out paragraph (1). 22
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SEC. 8. U.S. CUSTOMS AND BORDER PROTECTION PER-1
SONNEL. 2
(a) R
ETENTIONBONUS.—To carry out this section, 3
there is authorized to be appropriated up to $100,000,000 4
to the Commissioner to provide a retention bonus to any 5
front-line U.S. Border Patrol law enforcement agent— 6
(1) whose position is equal to or below level GS- 7
12 of the General Schedule; 8
(2) who has five years or more of service with the 9
U.S. Border Patrol; and 10
(3) who commits to two years of additional serv-11
ice with the U.S. Border Patrol upon acceptance of 12
such bonus. 13
(b) B
ORDERPATROLAGENTS.—Not later than Sep-14
tember 30, 2025, the Commissioner shall hire, train, and 15
assign a sufficient number of Border Patrol agents to main-16
tain an active duty presence of not fewer than 22,000 full- 17
time equivalent Border Patrol agents, who may not perform 18
the duties of processing coordinators. 19
(c) P
ROHIBITIONAGAINSTALIENTRAVEL.—No per-20
sonnel or equipment of Air and Marine Operations may 21
be used for the transportation of non-detained aliens, or de-22
tained aliens expected to be administratively released upon 23
arrival, from the southwest border to destinations within 24
the United States. 25
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•HR 2794 RH
(d) GAO REPORT.—If the staffing level required under 1
this section is not achieved by the date associated with such 2
level, the Comptroller General of the United States shall— 3
(1) conduct a review of the reasons why such 4
level was not so achieved; and 5
(2) not later than September 30, 2027, publish 6
on a publicly available website of the Government Ac-7
countability Office a report relating thereto. 8
SEC. 9. ANTI-BORDER CORRUPTION ACT REAUTHORIZA-9
TION. 10
(a) H
IRINGFLEXIBILITY.—Section 3 of the Anti-Bor-11
der Corruption Act of 2010 (6 U.S.C. 221; Public Law 111– 12
376) is amended by striking subsection (b) and inserting 13
the following new subsections: 14
‘‘(b) W
AIVERREQUIREMENT.—Subject to subsection 15
(c), the Commissioner of U.S. Customs and Border Protec-16
tion shall waive the application of subsection (a)(1)— 17
‘‘(1) to a current, full-time law enforcement offi-18
cer employed by a State or local law enforcement 19
agency who— 20
‘‘(A) has continuously served as a law en-21
forcement officer for not fewer than three years; 22
‘‘(B) is authorized by law to engage in or 23
supervise the prevention, detection, investigation, 24
or prosecution of, or the incarceration of any 25
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•HR 2794 RH
person for, any violation of law, and has statu-1
tory powers for arrest or apprehension; and 2
‘‘(C) is not currently under investigation, 3
has not been found to have engaged in criminal 4
activity or serious misconduct, has not resigned 5
from a law enforcement officer position under 6
investigation or in lieu of termination, and has 7
not been dismissed from a law enforcement offi-8
cer position; 9
‘‘(2) to a current, full-time Federal law enforce-10
ment officer who— 11
‘‘(A) has continuously served as a law en-12
forcement officer for not fewer than three years; 13
‘‘(B) is authorized to make arrests, conduct 14
investigations, conduct searches, make seizures, 15
carry firearms, and serve orders, warrants, and 16
other processes; 17
‘‘(C) is not currently under investigation, 18
has not been found to have engaged in criminal 19
activity or serious misconduct, has not resigned 20
from a law enforcement officer position under 21
investigation or in lieu of termination, and has 22
not been dismissed from a law enforcement offi-23
cer position; and 24
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‘‘(D) holds a current Tier 4 background in-1
vestigation or current Tier 5 background inves-2
tigation; or 3
‘‘(3) to a member of the Armed Forces (or a re-4
serve component thereof) or a veteran, if such indi-5
vidual— 6
‘‘(A) has served in the Armed Forces for not 7
fewer than three years; 8
‘‘(B) holds, or has held within the past five 9
years, a Secret, Top Secret, or Top Secret/Sen-10
sitive Compartmented Information clearance; 11
‘‘(C) holds, or has undergone within the 12
past five years, a current Tier 4 background in-13
vestigation or current Tier 5 background inves-14
tigation; 15
‘‘(D) received, or is eligible to receive, an 16
honorable discharge from service in the Armed 17
Forces and has not engaged in criminal activity 18
or committed a serious military or civil offense 19
under the Uniform Code of Military Justice; and 20
‘‘(E) was not granted any waivers to obtain 21
the clearance referred to in subparagraph (B). 22
‘‘(c) T
ERMINATION OFWAIVERREQUIREMENT; SNAP- 23
BACK.—The requirement to issue a waiver under subsection 24
(b) shall terminate if the Commissioner of U.S. Customs 25
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and Border Protection (CBP) certifies to the Committee on 1
Homeland Security of the House of Representatives and the 2
Committee on Homeland Security and Governmental Af-3
fairs of the Senate that CBP has met all requirements pur-4
suant to section 8 of the Border Reinforcement Act of 2023 5
relating to personnel levels. If at any time after such certifi-6
cation personnel levels fall below such requirements, the 7
Commissioner shall waive the application of subsection 8
(a)(1) until such time as the Commissioner re-certifies to 9
such Committees that CBP has so met all such require-10
ments.’’. 11
(b) S
UPPLEMENTALCOMMISSIONERAUTHORITY; RE-12
PORTING; DEFINITIONS.—The Anti-Border Corruption Act 13
of 2010 is amended by adding at the end the following new 14
sections: 15
‘‘SEC. 5. SUPPLEMENTAL COMMISSIONER AUTHORITY. 16
‘‘(a) N
ONEXEMPTION.—An individual who receives a 17
waiver under section 3(b) is not exempt from any other hir-18
ing requirements relating to suitability for employment and 19
eligibility to hold a national security designated position, 20
as determined by the Commissioner of U.S. Customs and 21
Border Protection. 22
‘‘(b) B
ACKGROUNDINVESTIGATIONS.—An individual 23
who receives a waiver under section 3(b) who holds a cur-24
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•HR 2794 RH
rent Tier 4 background investigation shall be subject to a 1
Tier 5 background investigation. 2
‘‘(c) A
DMINISTRATION OF POLYGRAPHEXAMINA-3
TION.—The Commissioner of U.S. Customs and Border 4
Protection is authorized to administer a polygraph exam-5
ination to an applicant or employee who is eligible for or 6
receives a waiver under section 3(b) if information is dis-7
covered before the completion of a background investigation 8
that results in a determination that a polygraph examina-9
tion is necessary to make a final determination regarding 10
suitability for employment or continued employment, as the 11
case may be. 12
‘‘SEC. 6. REPORTING. 13
‘‘(a) A
NNUALREPORT.—Not later than one year after 14
the date of the enactment of this section and annually there-15
after while the waiver authority under section 3(b) is in 16
effect, the Commissioner of U.S. Customs and Border Pro-17
tection shall submit to Congress a report that includes, with 18
respect to each such reporting period, the following: 19
‘‘(1) Information relating to the number of waiv-20
ers granted under such section 3(b). 21
‘‘(2) Information relating to the percentage of 22
applicants who were hired after receiving such a 23
waiver. 24
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‘‘(3) Information relating to the number of in-1
stances that a polygraph was administered to an ap-2
plicant who initially received such a waiver and the 3
results of such polygraph. 4
‘‘(4) An assessment of the current impact of such 5
waiver authority on filling law enforcement positions 6
at U.S. Customs and Border Protection. 7
‘‘(5) An identification of additional authorities 8
needed by U.S. Customs and Border Protection to bet-9
ter utilize such waiver authority for its intended 10
goals. 11
‘‘(b) A
DDITIONALINFORMATION.—The first report sub-12
mitted under subsection (a) shall include the following: 13
‘‘(1) An analysis of other methods of employment 14
suitability tests that detect deception and could be 15
used in conjunction with traditional background in-16
vestigations to evaluate potential applicants or em-17
ployees for suitability for employment or continued 18
employment, as the case may be. 19
‘‘(2) A recommendation regarding whether a test 20
referred to in paragraph (1) should be adopted by 21
U.S. Customs and Border Protection when the poly-22
graph examination requirement is waived pursuant 23
to section 3(b). 24
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‘‘SEC. 7. DEFINITIONS. 1
‘‘In this Act: 2
‘‘(1) F
EDERAL LAW ENFORCEMENT OFFICER .— 3
The term ‘Federal law enforcement officer’ means a 4
‘law enforcement officer’, as such term is defined in 5
section 8331(20) or 8401(17) of title 5, United States 6
Code. 7
‘‘(2) S
ERIOUS MILITARY OR CIVIL OFFENSE .— 8
The term ‘serious military or civil offense’ means an 9
offense for which— 10
‘‘(A) a member of the Armed Forces may be 11
discharged or separated from service in the 12
Armed Forces; and 13
‘‘(B) a punitive discharge is, or would be, 14
authorized for the same or a closely related of-15
fense under the Manual for Court-Martial, as 16
pursuant to Army Regulation 635–200, chapter 17
14–12. 18
‘‘(3) T
IER 4; TIER 5.—The terms ‘Tier 4’ and 19
‘Tier 5’, with respect to background investigations, 20
have the meaning given such terms under the 2012 21
Federal Investigative Standards. 22
‘‘(4) V
ETERAN.—The term ‘veteran’ has the 23
meaning given such term in section 101(2) of title 38, 24
United States Code.’’. 25
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(c) POLYGRAPHEXAMINERS.—Not later than Sep-1
tember 30, 2025, the Secretary shall increase to not fewer 2
than 150 the number of trained full-time equivalent poly-3
graph examiners for administering polygraphs under the 4
Anti-Border Corruption Act of 2010, as amended by this 5
section. 6
SEC. 10. ESTABLISHMENT OF WORKLOAD STAFFING MOD-7
ELS FOR U.S. BORDER PATROL AND AIR AND 8
MARINE OPERATIONS OF CBP. 9
(a) I
NGENERAL.—Not later than one year after the 10
date of the enactment of this Act, the Commissioner, in co-11
ordination with the Under Secretary for Management, the 12
Chief Human Capital Officer, and the Chief Financial Offi-13
cer of the Department, shall implement a workload staffing 14
model for each of the following: 15
(1) The U.S. Border Patrol. 16
(2) Air and Marine Operations of CBP. 17
(b) R
ESPONSIBILITIES OF THECOMMISSIONER.—Sub-18
section (c) of section 411 of the Homeland Security Act of 19
2002 (6 U.S.C. 211), is amended— 20
(1) by redesignating paragraphs (18) and (19) 21
as paragraphs (20) and (21), respectively; and 22
(2) by inserting after paragraph (17) the fol-23
lowing new paragraphs: 24
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‘‘(18) implement a staffing model for the U.S. 1
Border Patrol, Air and Marine Operations, and the 2
Office of Field Operations that includes consideration 3
for essential frontline operator activities and func-4
tions, variations in operating environments, present 5
and planned infrastructure, present and planned 6
technology, and required operations support levels to 7
enable such entities to manage and assign personnel 8
of such entities to ensure field and support posts pos-9
sess adequate resources to carry out duties specified in 10
this section; 11
‘‘(19) develop standard operating procedures for 12
a workforce tracking system within the U.S. Border 13
Patrol, Air and Marine Operations, and the Office of 14
Field Operations, train the workforce of each of such 15
entities on the use, capabilities, and purpose of such 16
system, and implement internal controls to ensure 17
timely and accurate scheduling and reporting of ac-18
tual completed work hours and activities;’’. 19
(c) R
EPORT.— 20
(1) I
N GENERAL.—Not later than one year after 21
the date of the enactment of this section with respect 22
to subsection (a) and paragraphs (18) and (19) of sec-23
tion 411(c) of the Homeland Security Act of 2002 (as 24
amended by subsection (b)), and annually thereafter 25
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with respect to such paragraphs (18) and (19), the 1
Secretary shall submit to the appropriate congres-2
sional committees a report that includes a status up-3
date on the following: 4
(A) The implementation of such subsection 5
(a) and such paragraphs (18) and (19). 6
(B) Each relevant workload staffing model. 7
(2) D
ATA SOURCES AND METHODOLOGY RE -8
QUIRED.—Each report required under paragraph (1) 9
shall include information relating to the data sources 10
and methodology used to generate each relevant staff-11
ing model. 12
(d) I
NSPECTORGENERALREVIEW.—Not later than 90 13
days after the Commissioner develops the workload staffing 14
models pursuant to subsection (a), the Inspector General of 15
the Department shall review such models and provide feed-16
back to the Secretary and the appropriate congressional 17
committees with respect to the degree to which such models 18
are responsive to the recommendations of the Inspector Gen-19
eral, including the following: 20
(1) Recommendations from the Inspector Gen-21
eral’s February 2019 audit. 22
(2) Any further recommendations to improve 23
such models. 24
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(e) APPROPRIATECONGRESSIONALCOMMITTEESDE-1
FINED.—In this section, the term ‘‘appropriate congres-2
sional committees’’ means— 3
(1) the Committee on Homeland Security of the 4
House of Representatives; and 5
(2) the Committee on Homeland Security and 6
Governmental Affairs of the Senate. 7
SEC. 11. OPERATION STONEGARDEN. 8
(a) I
NGENERAL.—Subtitle A of title XX of the Home-9
land Security Act of 2002 (6 U.S.C. 601 et seq.) is amended 10
by adding at the end the following new section: 11
‘‘SEC. 2010. OPERATION STONEGARDEN. 12
‘‘(a) E
STABLISHMENT.—There is established in the De-13
partment a program to be known as ‘Operation 14
Stonegarden’, under which the Secretary, acting through the 15
Administrator, shall make grants to eligible law enforce-16
ment agencies, through State administrative agencies, to en-17
hance border security in accordance with this section. 18
‘‘(b) E
LIGIBLERECIPIENTS.—To be eligible to receive 19
a grant under this section, a law enforcement agency 20
shall— 21
‘‘(1) be located in— 22
‘‘(A) a State bordering Canada or Mexico; 23
or 24
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‘‘(B) a State or territory with a maritime 1
border; 2
‘‘(2) be involved in an active, ongoing, U.S. Cus-3
toms and Border Protection operation coordinated 4
through a U.S. Border Patrol sector office; and 5
‘‘(3) have an agreement in place with U.S. Im-6
migration and Customs Enforcement to support en-7
forcement operations. 8
‘‘(c) P
ERMITTEDUSES.—A recipient of a grant under 9
this section may use such grant for costs associated with 10
the following: 11
‘‘(1) Equipment, including maintenance and 12
sustainment. 13
‘‘(2) Personnel, including overtime and backfill, 14
in support of enhanced border law enforcement activi-15
ties. 16
‘‘(3) Any activity permitted for Operation 17
Stonegarden under the most recent fiscal year Depart-18
ment of Homeland Security’s Homeland Security 19
Grant Program Notice of Funding Opportunity. 20
‘‘(d) P
ERIOD OFPERFORMANCE.—The Secretary shall 21
award grants under this section to grant recipients for a 22
period of not fewer than 36 months. 23
‘‘(e) N
OTIFICATION.—Upon denial of a grant to a law 24
enforcement agency, the Administrator shall provide writ-25
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ten notice to the Committee on Homeland Security of the 1
House of Representatives and the Committee on Homeland 2
Security and Governmental Affairs of the Senate, including 3
the reasoning for such denial. 4
‘‘(f) R
EPORT.—For each of fiscal years 2024 through 5
2028 the Administrator shall submit to the Committee on 6
Homeland Security of the House of Representatives and the 7
Committee on Homeland Security and Governmental Af-8
fairs of the Senate a report that contains— 9
‘‘(1) information on the expenditure of grants 10
made under this section by each grant recipient; and 11
‘‘(2) recommendations for other uses of such 12
grants to further support eligible law enforcement 13
agencies. 14
‘‘(g) A
UTHORIZATION OFAPPROPRIATIONS.—There is 15
authorized to be appropriated $110,000,000 for each of fis-16
cal years 2024 through 2028 for grants under this section.’’. 17
(b) C
ONFORMINGAMENDMENT.—Subsection (a) of sec-18
tion 2002 of the Homeland Security Act of 2002 (6 U.S.C. 19
603) is amended to read as follows: 20
‘‘(a) G
RANTSAUTHORIZED.—The Secretary, through 21
the Administrator, may award grants under sections 2003, 22
2004, 2009, and 2010 to State, local, and Tribal govern-23
ments, as appropriate.’’. 24
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(c) CLERICALAMENDMENT.—The table of contents in 1
section 1(b) of the Homeland Security Act of 2002 is 2
amended by inserting after the item relating to section 2009 3
the following new item: 4
‘‘Sec. 2010. Operation Stonegarden.’’. 
SEC. 12. AIR AND MARINE OPERATIONS FLIGHT HOURS. 
5
(a) A
IR ANDMARINEOPERATIONSFLIGHTHOURS.— 6
Not later than 120 days after the date of enactment of this 7
Act, the Secretary shall ensure that not fewer than 110,000 8
annual flight hours are carried out by Air and Marine Op-9
erations of CBP. 10
(b) U
NMANNEDAIRCRAFTSYSTEMS.—The Secretary, 11
after coordination with the Administrator of the Federal 12
Aviation Administration, shall ensure that Air and Marine 13
Operations operate unmanned aircraft systems on the 14
southern border of the United States for not less than 24 15
hours per day. 16
(c) P
RIMARYMISSIONS.—The Commissioner shall en-17
sure the following: 18
(1) The primary missions for Air and Marine 19
Operations are to directly support the following: 20
(A) U.S. Border Patrol activities along the 21
borders of the United States. 22
(B) Joint Interagency Task Force South 23
and Joint Task Force East operations in the 24
transit zone. 25
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(2) The Executive Assistant Commissioner of Air 1
and Marine Operations assigns the greatest priority 2
to support missions specified in paragraph (1). 3
(d) H
IGHDEMANDFLIGHTHOURREQUIREMENTS.— 4
The Commissioner shall— 5
(1) ensure that U.S. Border Patrol Sector Chiefs 6
identify air support mission-critical hours; and 7
(2) direct Air and Marine Operations to support 8
requests from such Sector Chiefs as a component of 9
the primary mission of Air and Marine Operations 10
in accordance with subsection (c)(1)(A). 11
(e) C
ONTRACTAIRSUPPORTAUTHORIZATIONS.—The 12
Commissioner shall contract for air support mission-crit-13
ical hours to meet the requests for such hours, as identified 14
pursuant to subsection (d). 15
(f) S
MALLUNMANNEDAIRCRAFTSYSTEMS.— 16
(1) I
N GENERAL.—The Chief of the U.S. Border 17
Patrol shall be the executive agent with respect to the 18
use of small unmanned aircraft by CBP for the pur-19
poses of the following: 20
(A) Meeting the unmet flight hour oper-21
ational requirements of the U.S. Border Patrol. 22
(B) Achieving situational awareness and 23
operational control of the borders of the United 24
States. 25
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(2) COORDINATION.—In carrying out paragraph 1
(1), the Chief of the U.S. Border Patrol shall coordi-2
nate— 3
(A) flight operations with the Administrator 4
of the Federal Aviation Administration to ensure 5
the safe and efficient operation of the national 6
airspace system; and 7
(B) with the Executive Assistant Commis-8
sioner for Air and Marine Operations of CBP 9
to— 10
(i) ensure the safety of other CBP air-11
craft flying in the vicinity of small un-12
manned aircraft operated by the U.S. Bor-13
der Patrol; and 14
(ii) establish a process to include data 15
from flight hours in the calculation of got 16
away statistics. 17
(3) C
ONFORMING AMENDMENT .—Paragraph (3) 18
of section 411(e) of the Homeland Security Act of 19
2002 (6 U.S.C. 211(e)) is amended— 20
(A) in subparagraph (B), by striking ‘‘and’’ 21
after the semicolon at the end; 22
(B) by redesignating subparagraph (C) as 23
subparagraph (D); and 24
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(C) by inserting after subparagraph (B) the 1
following new subparagraph: 2
‘‘(C) carry out the small unmanned aircraft 3
(as such term is defined in section 44801 of title 4
49, United States Code) requirements pursuant 5
to subsection (f) of section 12 of the Border Rein-6
forcement Act of 2023; and’’. 7
(g) S
AVINGSCLAUSE.—Nothing in this section may be 8
construed as conferring, transferring, or delegating to the 9
Secretary, the Commissioner, the Executive Assistant Com-10
missioner for Air and Marine Operations of CBP, or the 11
Chief of the U.S. Border Patrol any authority of the Sec-12
retary of Transportation or the Administrator of the Fed-13
eral Aviation Administration relating to the use of airspace 14
or aviation safety. 15
(h) D
EFINITIONS.—In this section: 16
(1) G
OT AWAY.—The term ‘‘got away’’ has the 17
meaning given such term in section 1092(a)(3) of the 18
National Defense Authorization Act for Fiscal Year 19
2017 (Public Law 114–328; 6 U.S.C. 223(a)(3)). 20
(2) T
RANSIT ZONE.—The term ‘‘transit zone’’ 21
has the meaning given such term in section 22
1092(a)(8) of the National Defense Authorization Act 23
for Fiscal Year 2017 (Public Law 114–328; 6 U.S.C. 24
223(a)(8)). 25
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SEC. 13. ERADICATION OF CARRIZO CANE AND SALT CEDAR. 1
(a) I
NGENERAL.—Not later than 30 days after the 2
date of the enactment of this Act, the Secretary, in coordina-3
tion with the heads of relevant Federal, State, and local 4
agencies, shall hire contractors to begin eradicating the 5
carrizo cane plant and any salt cedar along the Rio Grande 6
River that impedes border security operations. Such eradi-7
cation shall be completed— 8
(1) by not later than September 30, 2027, except 9
for required maintenance; and 10
(2) in the most expeditious and cost-effective 11
manner possible to maintain clear fields of view. 12
(b) A
PPLICATION.—The waiver authority under sub-13
section (c) of section 102 of the Illegal Immigration Reform 14
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 15
note), as amended by section 4 of this Act, shall apply to 16
activities carried out pursuant to subsection (a). 17
(c) R
EPORT.—Not later than 180 days after the date 18
of the enactment of this Act, the Secretary shall submit to 19
the Committee on Homeland Security of the House of Rep-20
resentatives and the Committee on Homeland Security and 21
Governmental Affairs of the Senate a strategic plan to 22
eradicate all carrizo cane plant and salt cedar along the 23
Rio Grande River that impedes border security operations 24
by not later than September 30, 2027. 25
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(d) AUTHORIZATION OF APPROPRIATIONS.—There is 1
authorized to be appropriated $7,000,000 for each of fiscal 2
years 2024 through 2028 to the Secretary to carry out this 3
subsection. 4
SEC. 14. BORDER PATROL STRATEGIC PLAN. 5
(a) I
NGENERAL.—Not later than one year after the 6
date of the enactment of this section and biennially there-7
after, the Commissioner, acting through the Chief of the 8
U.S. Border Patrol, shall issue a Border Patrol Strategic 9
Plan (referred to in this section as the ‘‘plan’’) to enhance 10
the security of the international borders of the United 11
States. 12
(b) E
LEMENTS.—The plan shall include the following: 13
(1) A consideration of Border Patrol Capability 14
Gap Analysis reporting, Border Security Improve-15
ment Plans, and any other strategic document au-16
thored by the U.S. Border Patrol to address security 17
gaps between ports of entry, including efforts to miti-18
gate threats identified in such analyses, plans, and 19
documents. 20
(2) Information relating to the dissemination of 21
information relating to border security or border 22
threats with respect to the efforts of the Department 23
and other appropriate Federal agencies. 24
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(3) Information relating to efforts by U.S. Bor-1
der Patrol to— 2
(A) increase situational awareness, includ-3
ing— 4
(i) surveillance capabilities, such as 5
capabilities developed or utilized by the De-6
partment of Defense, and any appropriate 7
technology determined to be excess by the 8
Department of Defense; and 9
(ii) the use of manned aircraft and un-10
manned aircraft; 11
(B) detect and prevent terrorists and in-12
struments of terrorism from entering the United 13
States; 14
(C) detect, interdict, and disrupt between 15
ports of entry aliens unlawfully present in the 16
United States; 17
(D) detect, interdict, and disrupt human 18
smuggling, human trafficking, drug trafficking, 19
and other illicit cross-border activity; 20
(E) focus intelligence collection to disrupt 21
transnational criminal organizations outside of 22
the international and maritime borders of the 23
United States; and 24
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•HR 2794 RH
(F) ensure that any new border security 1
technology can be operationally integrated with 2
existing technologies in use by the Department. 3
(4) Information relating to initiatives of the De-4
partment with respect to operational coordination, 5
including any relevant task forces of the Department. 6
(5) Information gathered from the lessons 7
learned by the deployments of the National Guard to 8
the southern border of the United States. 9
(6) A description of cooperative agreements relat-10
ing to information sharing with State, local, Tribal, 11
territorial, and other Federal law enforcement agen-12
cies that have jurisdiction on the borders of the 13
United States. 14
(7) Information relating to border security infor-15
mation received from the following: 16
(A) State, local, Tribal, territorial, and 17
other Federal law enforcement agencies that have 18
jurisdiction on the borders of the United States 19
or in the maritime environment. 20
(B) Border community stakeholders, includ-21
ing representatives from the following: 22
(i) Border agricultural and ranching 23
organizations. 24
(ii) Business and civic organizations. 25
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(iii) Hospitals and rural clinics within 1
150 miles of the borders of the United 2
States. 3
(iv) Victims of crime committed by 4
aliens unlawfully present in the United 5
States. 6
(v) Victims impacted by drugs, 7
transnational criminal organizations, car-8
tels, gangs, or other criminal activity. 9
(vi) Farmers, ranchers, and property 10
owners along the border. 11
(vii) Other individuals negatively im-12
pacted by illegal immigration. 13
(8) Information relating to the staffing require-14
ments with respect to border security for the Depart-15
ment. 16
(9) A prioritized list of Department research and 17
development objectives to enhance the security of the 18
borders of the United States. 19
(10) An assessment of training programs, in-20
cluding such programs relating to the following: 21
(A) Identifying and detecting fraudulent 22
documents. 23
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(B) Understanding the scope of CBP en-1
forcement authorities and appropriate use of 2
force policies. 3
(C) Screening, identifying, and addressing 4
vulnerable populations, such as children and vic-5
tims of human trafficking. 6
SEC. 15. U.S. CUSTOMS AND BORDER PROTECTION SPIR-7
ITUAL READINESS. 8
Not later than one year after the enactment of this Act 9
and annually thereafter for five years, the Commissioner 10
shall submit to the Committee on Homeland Security of the 11
House of Representatives and the Committee on Homeland 12
Security and Governmental Affairs of the Senate a report 13
on the availability and usage of the assistance of chaplains, 14
prayer groups, houses of worship, and other spiritual re-15
sources for members of CBP who identify as religiously-af-16
filiated and have attempted suicide, have suicidal ideation, 17
or are at risk of suicide, and metrics on the impact such 18
resources have in assisting religiously-affiliated members 19
who have access to and utilize such resources compared to 20
religiously-affiliated members who do not. 21
SEC. 16. RESTRICTIONS ON FUNDING. 22
(a) A
RRIVINGALIENS.—No funds are authorized to be 23
appropriated to the Department to process the entry into 24
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the United States of aliens arriving in between ports of 1
entry. 2
(b) R
ESTRICTION ONNONGOVERNMENTAL ORGANIZA-3
TIONSUPPORT FORUNLAWFULACTIVITY.—No funds are 4
authorized to be appropriated to the Department for dis-5
bursement to any nongovernmental organization that facili-6
tates or encourages unlawful activity, including unlawful 7
entry, human trafficking, human smuggling, drug traf-8
ficking, and drug smuggling. 9
(c) R
ESTRICTION ONNONGOVERNMENTAL ORGANIZA-10
TIONFACILITATION OFILLEGALIMMIGRATION.—No funds 11
are authorized to be appropriated to the Department for 12
disbursement to any nongovernmental organization to pro-13
vide, or facilitate the provision of, transportation, lodging, 14
or immigration legal services to inadmissible aliens who 15
enter the United States after the date of the enactment of 16
this Act. 17
SEC. 17. COLLECTION OF DNA AND BIOMETRIC INFORMA-18
TION AT THE BORDER. 19
Not later than 14 days after the date of the enactment 20
of this Act, the Secretary shall ensure and certify to the 21
Committee on Homeland Security of the House of Rep-22
resentatives and the Committee on Homeland Security and 23
Governmental Affairs of the Senate that CBP is fully com-24
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pliant with Federal DNA and biometric collection require-1
ments at United States land borders. 2
SEC. 18. ERADICATION OF NARCOTIC DRUGS AND FORMU-3
LATING EFFECTIVE NEW TOOLS TO ADDRESS 4
YEARLY LOSSES OF LIFE; ENSURING TIMELY 5
UPDATES TO U.S. CUSTOMS AND BORDER 6
PROTECTION FIELD MANUALS. 7
(a) I
NGENERAL.—Not later than 90 days after the 8
date of the enactment of this Act, and not less frequently 9
than triennially thereafter, the Commissioner of U.S. Cus-10
toms and Border Protection shall review and update, as 11
necessary, the current policies and manuals of the Office 12
of Field Operations related to inspections at ports of entry, 13
and the U.S. Border Patrol related to inspections between 14
ports of entry, to ensure the uniform implementation of in-15
spection practices that will effectively respond to techno-16
logical and methodological changes designed to disguise un-17
lawful activity, such as the smuggling of drugs and humans, 18
along the border. 19
(b) R
EPORTINGREQUIREMENT.—Not later than 90 20
days after each update required under subsection (a), the 21
Commissioner of U.S. Customs and Border Protection shall 22
submit to the Committee on Homeland Security and the 23
Committee on the Judiciary of the House of Representatives 24
and the Committee on Homeland Security and Govern-25
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mental Affairs and the Committee on the Judiciary of the 1
Senate a report that summarizes any policy and manual 2
changes pursuant to subsection (a). 3
SEC. 19. PUBLICATION BY U.S. CUSTOMS AND BORDER PRO-4
TECTION OF OPERATIONAL STATISTICS. 5
(a) I
NGENERAL.—Not later than the seventh day of 6
each month beginning with the second full month after the 7
date of the enactment of this Act, the Commissioner of U.S. 8
Customs and Border Protection shall publish on a publicly 9
available website of the Department of Homeland Security 10
information relating to the total number of alien encounters 11
and nationalities, unique alien encounters and nationali-12
ties, gang affiliated apprehensions and nationalities, drug 13
seizures, alien encounters included in the terrorist screening 14
database and nationalities, arrests of criminal aliens or in-15
dividuals wanted by law enforcement and nationalities, 16
known got aways, encounters with deceased aliens, and all 17
other related or associated statistics recorded by U.S. Cus-18
toms and Border Protection during the immediately pre-19
ceding month. Each such publication shall include the fol-20
lowing: 21
(1) The aggregate such number, and such num-22
ber disaggregated by geographic regions, of such re-23
cordings and encounters, including specifications re-24
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lating to whether such recordings and encounters were 1
at the southwest, northern, or maritime border. 2
(2) An identification of the Office of Field Oper-3
ations field office, U.S. Border Patrol sector, or Air 4
and Marine Operations branch making each record-5
ing or encounter. 6
(3) Information relating to whether each record-7
ing or encounter of an alien was of a single adult, an 8
unaccompanied alien child, or an individual in a 9
family unit. 10
(4) Information relating to the processing dis-11
position of each alien recording or encounter. 12
(5) Information relating to the nationality of 13
each alien who is the subject of each recording or en-14
counter. 15
(6) The total number of individuals included in 16
the terrorist screening database (as such term is de-17
fined in section 2101 of the Homeland Security Act 18
of 2002 (6 U.S.C. 621)) who have repeatedly at-19
tempted to cross unlawfully into the United States. 20
(7) The total number of individuals included in 21
the terrorist screening database who have been appre-22
hended, including information relating to whether 23
such individuals were released into the United States 24
or removed. 25
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(b) EXCEPTIONS.—If the Commissioner of U.S. Cus-1
toms and Border Protection in any month does not publish 2
the information required under subsection (a), or does not 3
publish such information by the date specified in such sub-4
section, the Commissioner shall brief the Committee on 5
Homeland Security of the House of Representatives and the 6
Committee on Homeland Security and Governmental Af-7
fairs of the Senate regarding the reason relating thereto, 8
as the case may be, by not later than the date that is two 9
business days after the tenth day of such month. 10
(c) D
EFINITIONS.—In this section: 11
(1) A
LIEN ENCOUNTERS.—The term ‘‘alien en-12
counters’’ means aliens apprehended, determined in-13
admissible, or processed for removal by U.S. Customs 14
and Border Protection. 15
(2) G
OT AWAY.—The term ‘‘got away’’ has the 16
meaning given such term in section 1092(a) of the 17
National Defense Authorization Act for Fiscal Year 18
2017 (6 U.S.C. 223(a)). 19
(3) T
ERRORIST SCREENING DATABASE .—The 20
term ‘‘terrorist screening database’’ has the meaning 21
given such term in section 2101 of the Homeland Se-22
curity Act of 2002 (6 U.S.C. 621). 23
(4) U
NACCOMPANIED ALIEN CHILD .—The term 24
‘‘unaccompanied alien child’’ has the meaning given 25
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such term in section 462(g) of the Homeland Security 1
Act of 2002 (6 U.S.C. 279(g)). 2
SEC. 20. ALIEN CRIMINAL BACKGROUND CHECKS. 3
(a) I
NGENERAL.—Not later than seven days after the 4
date of the enactment of this Act, the Commissioner shall 5
certify to the Committee on Homeland Security and the 6
Committee on the Judiciary of the House of Representatives 7
and the Committee on Homeland Security and Govern-8
mental Affairs and the Committee on the Judiciary of the 9
Senate that CBP has real-time access to the criminal his-10
tory databases of all countries of origin and transit for 11
aliens encountered by CBP to perform criminal history 12
background checks for such aliens. 13
(b) S
TANDARDS.—The certification required under 14
subsection (a) shall also include a determination whether 15
the criminal history databases of a country are accurate, 16
up to date, digitized, searchable, and otherwise meet the 17
standards of the Federal Bureau of Investigation for crimi-18
nal history databases maintained by State and local gov-19
ernments. 20
(c) C
ERTIFICATION.—The Secretary shall annually 21
submit to the Committee on Homeland Security and the 22
Committee on the Judiciary of the House of Representatives 23
and the Committee on Homeland Security and Govern-24
mental Affairs and the Committee on the Judiciary of the 25
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Senate a certification that each database referred to in sub-1
section (b) which the Secretary accessed or sought to access 2
pursuant to this section met the standards described in sub-3
section (b). 4
SEC. 21. PROHIBITED IDENTIFICATION DOCUMENTS AT AIR-5
PORT SECURITY CHECKPOINTS; NOTIFICA-6
TION TO IMMIGRATION AGENCIES. 7
(a) I
NGENERAL.—The Administrator may not accept 8
as valid proof of identification a prohibited identification 9
document at an airport security checkpoint. 10
(b) N
OTIFICATION TOIMMIGRATIONAGENCIES.—If an 11
individual presents a prohibited identification document to 12
an officer of the Transportation Security Administration 13
at an airport security checkpoint, the Administrator shall 14
promptly notify the Director of U.S. Immigration and Cus-15
toms Enforcement, the Director of U.S. Customs and Border 16
Protection, and the head of the appropriate local law en-17
forcement agency to determine whether the individual is in 18
violation of any term of release from the custody of any 19
such agency. 20
(c) E
NTRYINTOSTERILEAREAS.— 21
(1) I
N GENERAL.—Except as provided in para-22
graph (2), if an individual is found to be in violation 23
of any term of release under subsection (b), the Ad-24
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ministrator may not permit such individual to enter 1
a sterile area. 2
(2) E
XCEPTION.—An individual presenting a 3
prohibited identification document under this section 4
may enter a sterile area if the individual— 5
(A) is leaving the United States for the pur-6
poses of removal or deportation; or 7
(B) presents a covered identification docu-8
ment. 9
(d) C
OLLECTION OFBIOMETRICINFORMATIONFROM 10
C
ERTAININDIVIDUALSSEEKINGENTRYINTO THESTERILE 11
A
REA OF ANAIRPORT.—Beginning not later than 120 days 12
after the date of the enactment of this Act, the Adminis-13
trator shall collect biometric information from an indi-14
vidual described in subsection (e) prior to authorizing such 15
individual to enter into a sterile area. 16
(e) I
NDIVIDUALDESCRIBED.—An individual described 17
in this subsection is an individual who— 18
(1) is seeking entry into the sterile area of an 19
airport; 20
(2) does not present a covered identification doc-21
ument; and 22
(3) the Administrator cannot verify is a national 23
of the United States. 24
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(f) PARTICIPATION INIDENT.—Beginning not later 1
than 120 days after the date of the enactment of this Act, 2
the Administrator, in coordination with the Secretary, shall 3
submit biometric data collected under this section to the 4
Automated Biometric Identification System (IDENT). 5
(g) D
EFINITIONS.—In this section: 6
(1) A
DMINISTRATOR.—The term ‘‘Adminis-7
trator’’ means the Administrator of the Transpor-8
tation Security Administration. 9
(2) B
IOMETRIC INFORMATION.—The term ‘‘bio-10
metric information’’ means any of the following: 11
(A) A fingerprint. 12
(B) A palm print. 13
(C) A photograph, including— 14
(i) a photograph of an individual’s 15
face for use with facial recognition tech-16
nology; and 17
(ii) a photograph of any physical or 18
anatomical feature, such as a scar, skin 19
mark, or tattoo. 20
(D) A signature. 21
(E) A voice print. 22
(F) An iris image. 23
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(3) COVERED IDENTIFICATION DOCUMENT .—The 1
term ‘‘covered identification document’’ means any of 2
the following, if the document is valid and unexpired: 3
(A) A United States passport or passport 4
card. 5
(B) A biometrically secure card issued by a 6
trusted traveler program of the Department of 7
Homeland Security, including— 8
(i) Global Entry; 9
(ii) Nexus; 10
(iii) Secure Electronic Network for 11
Travelers Rapid Inspection (SENTRI); and 12
(iv) Free and Secure Trade (FAST). 13
(C) An identification card issued by the De-14
partment of Defense, including such a card 15
issued to a dependent. 16
(D) Any document required for admission 17
to the United States under section 211(a) of the 18
Immigration and Nationality Act (8 U.S.C. 19
1181(a)). 20
(E) An enhanced driver’s license issued by 21
a State. 22
(F) A photo identification card issued by a 23
federally recognized Indian Tribe. 24
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(G) A personal identity verification creden-1
tial issued in accordance with Homeland Secu-2
rity Presidential Directive 12. 3
(H) A driver’s license issued by a province 4
of Canada. 5
(I) A Secure Certificate of Indian Status 6
issued by the Government of Canada. 7
(J) A Transportation Worker Identification 8
Credential. 9
(K) A Merchant Mariner Credential issued 10
by the Coast Guard. 11
(L) A Veteran Health Identification Card 12
issued by the Department of Veterans Affairs. 13
(M) Any other document the Administrator 14
determines, pursuant to a rule making in ac-15
cordance with section 553 of title 5, United 16
States Code, will satisfy the identity verification 17
procedures of the Transportation Security Ad-18
ministration. 19
(4) I
MMIGRATION LAWS.—The term ‘‘immigra-20
tion laws’’ has the meaning given that term in section 21
101 of the Immigration and Nationality Act (8 22
U.S.C. 1101). 23
(5) P
ROHIBITED IDENTIFICATION DOCUMENT .— 24
The term ‘‘prohibited identification document’’ means 25
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any of the following (or any applicable successor 1
form): 2
(A) U.S. Immigration and Customs En-3
forcement Form I–200, Warrant for Arrest of 4
Alien. 5
(B) U.S. Immigration and Customs En-6
forcement Form I–205, Warrant of Removal/De-7
portation. 8
(C) U.S. Immigration and Customs En-9
forcement Form I–220A, Order of Release on Re-10
cognizance. 11
(D) U.S. Immigration and Customs En-12
forcement Form I–220B, Order of Supervision. 13
(E) Department of Homeland Security 14
Form I–862, Notice to Appear. 15
(F) U.S. Customs and Border Protection 16
Form I–94, Arrival/Departure Record (including 17
a print-out of an electronic record). 18
(G) Department of Homeland Security 19
Form I–385, Notice to Report. 20
(H) Any document that directs an indi-21
vidual to report to the Department of Homeland 22
Security. 23
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(I) Any Department of Homeland Security 1
work authorization or employment verification 2
document. 3
(6) S
TERILE AREA.—The term ‘‘sterile area’’ has 4
the meaning given that term in section 1540.5 of title 5
49, Code of Federal Regulations, or any successor reg-6
ulation. 7
SEC. 22. PROHIBITION AGAINST ANY COVID–19 VACCINE 8
MANDATE OR ADVERSE ACTION AGAINST DHS 9
EMPLOYEES. 10
(a) L
IMITATION ONIMPOSITION OFNEWMANDATE.— 11
The Secretary may not issue any COVID–19 vaccine man-12
date unless Congress expressly authorizes such a mandate. 13
(b) P
ROHIBITION ONADVERSEACTION.—The Sec-14
retary may not take any adverse action against a Depart-15
ment employee based solely on the refusal of such employee 16
to receive a vaccine for COVID–19. 17
(c) R
EPORT.—Not later than 90 days after the date 18
of the enactment of this Act, the Secretary shall report to 19
the Committee on Homeland Security of the House of Rep-20
resentatives and the Committee on Homeland Security and 21
Governmental Affairs of the Senate on the following: 22
(1) The number of Department employees who 23
were terminated or resigned due to the COVID–19 24
vaccine mandate. 25
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(2) An estimate of the cost to reinstate such em-1
ployees. 2
(3) How the Department would effectuate rein-3
statement of such employees. 4
(d) R
ETENTION AND DEVELOPMENT OF 5
U
NVACCINATEDEMPLOYEES.—The Secretary shall make 6
every effort to retain Department employees who are not 7
vaccinated against COVID–19 and provide such employees 8
with professional development, promotion and leadership 9
opportunities, and consideration equal to that of their peers. 10
SEC. 23. CBP ONE APP LIMITATION. 11
(a) L
IMITATION.—The Department may use the CBP 12
One Mobile Application or any other similar program, ap-13
plication, internet-based portal, website, device, or initia-14
tive only for inspection of perishable cargo. 15
(b) R
EPORT.—Not later than 60 days after the date 16
of the enactment of this section, the Commissioner shall re-17
port to the Committee on Homeland Security of the House 18
of Representatives and the Committee on Homeland Secu-19
rity and Governmental Affairs of the Senate the date on 20
which CBP began using CBP One to allow aliens to sched-21
ule interviews at land ports of entry, how many aliens have 22
scheduled interviews at land ports of entry using CBP One, 23
the nationalities of such aliens, and the stated final destina-24
tions of such aliens within the United States, if any. 25
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SEC. 24. REPORT ON DESIGNATION OF MEXICAN CARTELS 1
AS FOREIGN TERRORIST ORGANIZATIONS. 2
(a) R
EPORT.— 3
(1) I
N GENERAL.—Not later than 60 days after 4
the date of the enactment of this Act, the Secretary of 5
Homeland Security, in coordination with the Sec-6
retary of State, shall submit to the appropriate con-7
gressional committees a report on whether a Mexican 8
drug cartel described in paragraph (2) meets the cri-9
teria for designation as a foreign terrorist organiza-10
tion. 11
(2) M
EXICAN DRUG CARTELS DESCRIBED .—The 12
Mexican drug cartels described in this paragraph in-13
clude the following: 14
(A) Jalisco New Generation Cartel. 15
(B) Sinaloa Cartel. 16
(C) Juarez Cartel. 17
(D) Tijuana Cartel. 18
(E) Gulf Cartel. 19
(F) Los Zetas. 20
(G) Las Moicas. 21
(H) Los Caballeros Templarios. 22
(I) Beltran-Leyva Organization. 23
(J) Los Rojos. 24
(K) La Familia Michoacana. 25
(b) D
EFINITIONS.—In this section: 26
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(1) APPROPRIATE CONGRESSIONAL COMMIT -1
TEES.—The term ‘‘appropriate congressional commit-2
tees’’ means— 3
(A) the Committee on Foreign Affairs, the 4
Committee on Homeland Security, and the Com-5
mittee on the Judiciary of the House of Rep-6
resentatives; and 7
(B) the Committee on Foreign Relations, 8
the Committee on Homeland Security and Gov-9
ernmental Affairs, and the Committee on the Ju-10
diciary of the Senate. 11
(2) F
OREIGN TERRORIST ORGANIZATION .—The 12
term ‘‘foreign terrorist organization’’ means an orga-13
nization described in section 219 of the Immigration 14
and Nationality Act (8 U.S.C. 1189). 15
(c) R
ULE OFCONSTRUCTION.—Nothing in this section 16
may be construed to expand the eligibility for asylum of 17
any alien by reason of the designation of a drug cartel as 18
a foreign terrorist organization. 19
SEC. 25. GAO STUDY ON COSTS INCURRED BY STATES TO 20
SECURE THE SOUTHWEST BORDER. 21
(a) I
NGENERAL.—Not later than 90 days after the 22
date of the enactment of this Act, the Comptroller General 23
of the United States shall conduct a study to examine the 24
costs incurred by individual States as a result of actions 25
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taken by such States in support of the Federal mission to 1
secure the southwest border, and the feasibility of a program 2
to reimburse such States for such costs. 3
(b) C
ONTENTS.—The study required under subsection 4
(a) shall include consideration of the following: 5
(1) Actions taken by the Department of Home-6
land Security that have contributed to costs described 7
in such subsection incurred by States to secure the 8
border in the absence of Federal action, including the 9
termination of the Migrant Protection Protocols and 10
cancellation of border wall construction. 11
(2) Actions taken by individual States along the 12
southwest border to secure their borders, and the costs 13
associated with such actions. 14
(3) The feasibility of a program within the De-15
partment of Homeland Security to reimburse States 16
for the costs incurred in support of the Federal mis-17
sion to secure the southwest border. 18
SEC. 26. REPORT BY INSPECTOR GENERAL OF THE DEPART-19
MENT OF HOMELAND SECURITY. 20
(a) R
EPORT.—Not later than one year after the date 21
of the enactment of this Act and annually thereafter for five 22
years, the Inspector General of the Department of Home-23
land Security shall submit to the Committee on Homeland 24
Security of the House of Representatives and the Committee 25
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on Homeland Security and Governmental Affairs of the 1
Senate a report examining the economic and security im-2
pact of mass migration to municipalities and States along 3
the southwest border. Such report shall include information 4
regarding costs incurred by the following: 5
(1) State and local law enforcement to secure the 6
southwest border. 7
(2) Public school districts to educate students 8
who are aliens unlawfully present in the United 9
States. 10
(3) Healthcare providers to provide care to 11
aliens unlawfully present in the United States who 12
have not paid for such care. 13
(4) Farmers and ranchers due to migration im-14
pacts to their properties. 15
(b) C
ONSULTATION.—To produce the report required 16
under subsection (a), the Inspector General of the Depart-17
ment of Homeland Security shall consult with the individ-18
uals and representatives of the entities described in para-19
graphs (1) through (4) of such subsection. 20
SEC. 27. OFFSETTING AUTHORIZATIONS OF APPROPRIA-21
TIONS. 22
(a) O
FFICE OF THE SECRETARY AND EMERGENCY 23
M
ANAGEMENT.—No funds are authorized to be appro-24
priated for the Alternatives to Detention Case Management 25
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Pilot Program or the Office of the Immigration Detention 1
Ombudsman for the Office of the Secretary and Emergency 2
Management of the Department of Homeland Security. 3
(b) M
ANAGEMENTDIRECTORATE.—No funds are au-4
thorized to be appropriated for electric vehicles or St. Eliza-5
beths campus construction for the Management Directorate 6
of the Department of Homeland Security. 7
(c) I
NTELLIGENCE, ANALYSIS, ANDSITUATIONAL 8
A
WARENESS.—There is authorized to be appropriated 9
$216,000,000 for Intelligence, Analysis, and Situational 10
Awareness of the Department of Homeland Security. 11
(d) U.S. C
USTOMS ANDBORDERPROTECTION.—No 12
funds are authorized to be appropriated for the Shelter 13
Services Program for U.S. Customs and Border Protection. 14
SEC. 28. REPORT TO CONGRESS ON FOREIGN TERRORIST 15
ORGANIZATIONS. 16
(a) I
NGENERAL.—Not later than 90 days after the 17
date of the enactment of this Act and annually thereafter 18
for five years, the Secretary of Homeland Security shall 19
submit to the Committee on Homeland Security of the 20
House of Representatives and the Committee on Homeland 21
Security and Governmental Affairs of the Senate an assess-22
ment of foreign terrorist organizations attempting to move 23
their members or affiliates into the United States through 24
the southern, northern, or maritime border. 25
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(b) DEFINITION.—The term ‘‘foreign terrorist organi-1
zation’’ means an organization described in section 219 of 2
the Immigration and Nationality Act (8 U.S.C. 1189). 3
SEC. 29. ASSESSMENT BY INSPECTOR GENERAL OF THE DE-4
PARTMENT OF HOMELAND SECURITY ON THE 5
MITIGATION OF UNMANNED AIRCRAFT SYS-6
TEMS AT THE SOUTHWEST BORDER. 7
Not later than 90 days after the date of the enactment 8
of this Act, the Inspector General of the Department of 9
Homeland Security shall submit to the Committee on 10
Homeland Security of the House of Representatives and the 11
Committee on Homeland Security and Governmental Af-12
fairs of the Senate an assessment of U.S. Customs and Bor-13
der Protection’s ability to mitigate unmanned aircraft sys-14
tems at the southwest border. Such assessment shall include 15
information regarding any intervention between January 16
1, 2021, and the date of the enactment of this Act, by any 17
Federal agency affecting in any manner U.S. Customs and 18
Border Protection’s authority to so mitigate such systems. 19
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29 
118
TH
CONGRESS 
1
ST
S
ESSION
 
H. R. 2794 
[Report No. 118–45, Part I] 
A BILL 
To secure the international borders of the United 
States, and for other purposes. 
M
AY
5, 2023 
Reported from the Committee on Homeland Security 
with an amendment 
M
AY
5, 2023 
Committees on Ways and Means and the Judiciary dis-
charged; committed to the Committee of the Whole 
House on the State of the Union and ordered to be 
printed 
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