HR 2 PCS
SEC. 103. STRENGTHENING THE REQUIREMENTS FOR BAR-
RIERS ALONG THE SOUTHERN BORDER. 
Section 102 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (Division C of Pub-
lic Law 104–208; 8 U.S.C. 1103 note) is amended— 
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a) IN GENERAL.—The Secretary of Homeland Se-
curity shall take such actions as may be necessary (includ-
ing the removal of obstacles to detection of illegal en-
trants) 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 unlaw-
ful activity.’’; 
(2) in subsection (b)— 
(A) in the subsection heading, by striking 
‘‘FENCING AND ROAD IMPROVEMENTS’’ and in-
serting ‘‘PHYSICAL BARRIERS’’; 
(B) in paragraph (1)— 
(i) in the heading, by striking ‘‘FENC-
ING’’ and inserting ‘‘BARRIERS’’; 
(ii) by amending subparagraph (A) to 
read as follows: 
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‘‘(A) REINFORCED BARRIERS.—In carrying 
out this section, the Secretary of Homeland Se-
curity shall construct a border wall, including 
physical barriers, tactical infrastructure, and 
technology, along not fewer than 900 miles of 
the southwest border until situational aware-
ness 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 sec-
tion, 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, 
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appropriate representatives of State, Trib-
al, 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 commu-
nities and residents located near the sites 
at which physical barriers, tactical infra-
structure, and technology are to be con-
structed. 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 do-
main, or to otherwise affect the emi-
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nent 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 Se-
curity’’; 
(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 sec-
tion, the Secretary of Homeland Security, when de-
signing, testing, constructing, installing, deploying, 
integrating, and operating physical barriers, tactical 
infrastructure, or technology, shall incorporate such 
safety features into such design, test, construction, 
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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 Depart-
ment of Homeland Security or of any other Federal 
agency deployed in the vicinity of such physical bar-
riers, 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 en-
sure the expeditious design, testing, construction, in-
stallation, deployment, integration, operation, and 
maintenance of the physical barriers, tactical infra-
structure, and technology under this section. The 
Secretary shall ensure the maintenance and effec-
tiveness of such physical barriers, tactical infrastruc-
ture, or technology. Any such action by the Sec-
retary shall be effective upon publication in the Fed-
eral Register.’’; 
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(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 Home-
land Security exercises a waiver pursuant to para-
graph (1), the Secretary shall notify the Committee 
on Homeland Security of the House of Representa-
tives 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 sub-
sections: 
‘‘(e) TECHNOLOGY.—In carrying out this section, the 
Secretary of Homeland Security shall deploy along the 
southwest border the most practical and effective tech-
nology available for achieving situational awareness and 
operational control. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) ADVANCED UNATTENDED SURVEILLANCE 
SENSORS.—The term ‘advanced unattended surveil-
lance sensors’ means sensors that utilize an onboard 
computer to analyze detections in an effort to dis-
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cern between vehicles, humans, and animals, and ul-
timately filter false positives prior to transmission. 
‘‘(2) OPERATIONAL CONTROL.—The term ‘oper-
ational 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 ‘sit-
uational 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’ in-
cludes 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). 
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‘‘(D) 3-dimensional, seismic acoustic detec-
tion 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, communica-
tion, 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. 104. BORDER AND PORT SECURITY TECHNOLOGY IN-
VESTMENT PLAN. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Commissioner, in 
consultation with covered officials and border and port se-
curity technology stakeholders, shall submit to the appro-
priate congressional committees a strategic 5-year tech-
nology investment plan (in this section referred to as the 
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‘‘plan’’). The plan may include a classified annex, if appro-
priate. 
(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 bor-
ders of the United States. 
(2) An identification of capability gaps with re-
spect 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 crimi-
nal 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 
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(B) are unlawfully present in the United 
States. 
(4) A description of security-related technology 
acquisitions, to be listed in order of priority, to ad-
dress the security risks and capability gaps analyzed 
and identified pursuant to paragraphs (1) and (2), 
respectively. 
(5) A description of each planned security-re-
lated 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, mod-
eling, and simulation capabilities, including target 
methodologies, rationales, and timelines, necessary 
to support the acquisition of security-related tech-
nologies pursuant to paragraph (4). 
(8) An identification and assessment of ways to 
increase opportunities for communication and col-
laboration with the private sector, small and dis-
advantaged businesses, intragovernment entities, 
university centers of excellence, and federal labora-
tories to ensure CBP is able to engage with the mar-
ket for security-related technologies that are avail-
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able 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 al-
ready-existing acquisition expertise within the Fed-
eral Government. 
(11) A description of the security resources, in-
cluding 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 secu-
rity-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 
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the northern or southern border of the United 
States, a strategy to consult with the private sector 
and community stakeholders affected by such re-
moval. 
(15) A strategy to consult with the private sec-
tor and community stakeholders with respect to se-
curity impacts at a port of entry described in para-
graph (14). 
(16) An identification of recent technological 
advancements in the following: 
(A) Manned aircraft sensor, communica-
tion, 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 tech-
nology. 
(iv) Advanced unattended surveillance 
sensors. 
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(v) 
Deployable, 
lighter-than-air, 
ground surveillance equipment. 
(D) Nonintrusive inspection technology, in-
cluding non-x-ray devices utilizing muon tomog-
raphy 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 ex-
tent 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 stake-
holders, 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 ad-
aptation, that may satisfy the mission needs of CBP. 
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(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 identi-
fication of individuals not employed by the Federal Gov-
ernment, and their professional affiliations, who contrib-
uted 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 sub-
mitted to the appropriate congressional committees pursu-
ant 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-re-
lated technology acquired by CBP since the ini-
tial submission of the plan or most recent up-
date of the plan, as the case may be, is con-
sistent 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: 
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(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ 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 ‘‘un-
lawfully 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)). 
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SEC. 105. BORDER SECURITY TECHNOLOGY PROGRAM 
MANAGEMENT. 
(a) IN GENERAL.—Subtitle C of title IV of the 
Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) 
is amended by adding at the end the following new section: 
‘‘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 esti-
mated by the Secretary to require an eventual total ex-
penditure 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 Depart-
ment that is determined to be a major acquisition pro-
gram, the Secretary shall— 
‘‘(1) ensure that each such program has a writ-
ten acquisition program baseline approved by the 
relevant acquisition decision authority; 
‘‘(2) document that each such program is satis-
fying cost, schedule, and performance thresholds as 
specified in such baseline, in compliance with rel-
evant departmental acquisition policies and the Fed-
eral Acquisition Regulation; and 
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‘‘(3) have a plan for satisfying program imple-
mentation objectives by managing contractor per-
formance. 
‘‘(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 pro-
gram managers who are responsible for carrying out this 
section adhere to relevant internal control standards iden-
tified 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 Sen-
ate a plan for testing, evaluating, and using independent 
verification and validation of resources relating to the pro-
posed acquisition of border security technology. Under 
such plan, the proposed acquisition of new border security 
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technologies shall be evaluated through a series of assess-
ments, processes, and audits to ensure— 
‘‘(1) compliance with relevant departmental ac-
quisition policies and the Federal Acquisition Regu-
lation; 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 author-
ized to be appropriated to carry out section 437 of the 
Homeland Security Act of 2002, as added by subsection 
(a). 
SEC. 106. U.S. CUSTOMS AND BORDER PROTECTION TECH-
NOLOGY UPGRADES. 
(a) SECURE COMMUNICATIONS.—The Commissioner 
shall ensure that each CBP officer or agent, as appro-
priate, 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 sta-
tions; and 
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(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 ap-
propriated for such purpose, there is authorized to 
be appropriated $33,000,000 for fiscal years 2024 
and 2025 to carry out paragraph (1). 
(c) UPGRADE
OF LICENSE PLATE READERS
AT 
PORTS OF ENTRY.— 
(1) UPGRADE.—Not later than two years after 
the date of the enactment of this Act, the Commis-
sioner shall upgrade all existing license plate readers 
in need of upgrade, as determined by the Commis-
sioner, on the northern and southern borders of the 
United States. 
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(2) AUTHORIZATION OF APPROPRIATIONS.—In 
addition to amounts otherwise authorized to be ap-
propriated for such purpose, there is authorized to 
be appropriated $125,000,000 for fiscal years 2023 
and 2024 to carry out paragraph (1). 
SEC. 107. U.S. CUSTOMS AND BORDER PROTECTION PER-
SONNEL. 
(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 Sep-
tember 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. 
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(c) PROHIBITION AGAINST ALIEN TRAVEL.—No per-
sonnel 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. 108. ANTI-BORDER CORRUPTION ACT REAUTHORIZA-
TION. 
(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 in-
serting the following new subsections: 
‘‘(b) WAIVER REQUIREMENT.—Subject to subsection 
(c), the Commissioner of U.S. Customs and Border Pro-
tection shall waive the application of subsection (a)(1)— 
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‘‘(1) to a current, full-time law enforcement of-
ficer employed by a State or local law enforcement 
agency who— 
‘‘(A) has continuously served as a law en-
forcement officer for not fewer than three 
years; 
‘‘(B) is authorized by law to engage in or 
supervise the prevention, detection, investiga-
tion, 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 offi-
cer position; 
‘‘(2) to a current, full-time Federal law enforce-
ment officer who— 
‘‘(A) has continuously served as a law en-
forcement officer for not fewer than three 
years; 
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‘‘(B) is authorized to make arrests, con-
duct investigations, conduct searches, make sei-
zures, carry firearms, and serve orders, war-
rants, 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 offi-
cer position; and 
‘‘(D) holds a current Tier 4 background 
investigation or current Tier 5 background in-
vestigation; or 
‘‘(3) to a member of the Armed Forces (or a re-
serve component thereof) or a veteran, if such indi-
vidual— 
‘‘(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/Sen-
sitive Compartmented Information clearance; 
‘‘(C) holds, or has undergone within the 
past five years, a current Tier 4 background in-
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vestigation or current Tier 5 background inves-
tigation; 
‘‘(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 ob-
tain 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 Rep-
resentatives and the Committee on Homeland Security 
and Governmental Affairs of the Senate that CBP has met 
all requirements pursuant to section 107 of the Secure the 
Border Act of 2023 relating to personnel levels. If at any 
time after such certification personnel levels fall below 
such requirements, the Commissioner shall waive the ap-
plication of subsection (a)(1) until such time as the Com-
missioner re-certifies to such Committees that CBP has 
so met all such requirements.’’. 
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(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 posi-
tion, 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 cur-
rent Tier 4 background investigation shall be subject to 
a Tier 5 background investigation. 
‘‘(c) ADMINISTRATION
OF POLYGRAPH EXAMINA-
TION.—The Commissioner of U.S. Customs and Border 
Protection is authorized to administer a polygraph exam-
ination to an applicant or employee who is eligible for or 
receives a waiver under section 3(b) if information is dis-
covered before the completion of a background investiga-
tion that results in a determination that a polygraph ex-
amination is necessary to make a final determination re-
garding suitability for employment or continued employ-
ment, as the case may be. 
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‘‘SEC. 6. REPORTING. 
‘‘(a) ANNUAL REPORT.—Not later than one year 
after the date of the enactment of this section and annu-
ally 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 in-
stances that a polygraph was administered to an ap-
plicant 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 po-
sitions 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: 
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‘‘(1) An analysis of other methods of employ-
ment suitability tests that detect deception and could 
be used in conjunction with traditional background 
investigations to evaluate potential applicants or em-
ployees 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 pursu-
ant 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 
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‘‘(B) a punitive discharge is, or would be, 
authorized for the same or a closely related of-
fense 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 Sep-
tember 30, 2025, the Secretary shall increase to not fewer 
than 150 the number of trained full-time equivalent poly-
graph examiners for administering polygraphs under the 
Anti-Border Corruption Act of 2010, as amended by this 
section. 
SEC. 109. ESTABLISHMENT OF WORKLOAD STAFFING MOD-
ELS 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 
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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 fol-
lowing 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 consider-
ation 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 sup-
port 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 
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Office of Field Operations, train the workforce of 
each of such entities on the use, capabilities, and 
purpose of such system, and implement internal con-
trols to ensure timely and accurate scheduling and 
reporting of actual completed work hours and activi-
ties;’’. 
(c) REPORT.— 
(1) IN
GENERAL.—Not later than one year 
after the date of the enactment of this Act with re-
spect 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 annu-
ally thereafter with respect to such paragraphs (18) 
and (19), the Secretary shall submit to the appro-
priate congressional committees a report that in-
cludes 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
RE-
QUIRED.—Each report required under paragraph (1) 
shall include information relating to the data sources 
and methodology used to generate each relevant 
staffing model. 
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(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 con-
gressional 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 Gen-
eral’s February 2019 audit. 
(2) Any further recommendations to improve 
such models. 
(e) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional 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. 110. OPERATION STONEGARDEN. 
(a) IN GENERAL.—Subtitle A of title XX of the 
Homeland Security Act of 2002 (6 U.S.C. 601 et seq.) 
is amended by adding at the end the following new section: 
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‘‘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 en-
forcement agencies, through State administrative agen-
cies, to enhance border security in accordance with this 
section. 
‘‘(b) ELIGIBLE RECIPIENTS.—To be eligible to re-
ceive 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 coordi-
nated through a U.S. Border Patrol sector office; 
and 
‘‘(3) have an agreement in place with U.S. Im-
migration and Customs Enforcement to support en-
forcement operations. 
‘‘(c) PERMITTED USES.—A recipient of a grant 
under this section may use such grant for costs associated 
with the following: 
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‘‘(1) Equipment, including maintenance and 
sustainment. 
‘‘(2) Personnel, including overtime and backfill, 
in support of enhanced border law enforcement ac-
tivities. 
‘‘(3) Any activity permitted for Operation 
Stonegarden under the most recent fiscal year De-
partment of Homeland Security’s Homeland Secu-
rity 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 writ-
ten notice to the Committee on Homeland Security of the 
House of Representatives and the Committee on Home-
land Security and Governmental Affairs of the Senate, in-
cluding 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 
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‘‘(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 govern-
ments, 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. 111. AIR AND MARINE OPERATIONS FLIGHT HOURS. 
(a) 
AIR
AND
MARINE
OPERATIONS
FLIGHT 
HOURS.—Not later than 120 days after the date of the 
enactment of this Act, the Secretary shall ensure that not 
fewer than 110,000 annual flight hours are carried out 
by Air and Marine Operations of CBP. 
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(b) UNMANNED
AIRCRAFT
SYSTEMS.—The Sec-
retary, 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 pri-
ority to support missions specified in paragraph (1). 
(d) HIGH
DEMAND
FLIGHT
HOUR
REQUIRE-
MENTS.—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 sup-
port requests from such Sector Chiefs as a compo-
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nent of the primary mission of Air and Marine Op-
erations 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 iden-
tified pursuant to subsection (d). 
(f) SMALL UNMANNED AIRCRAFT SYSTEMS.— 
(1) IN GENERAL.—The Chief of the U.S. Bor-
der 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 oper-
ational 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 para-
graph (1), the Chief of the U.S. Border Patrol shall 
coordinate— 
(A) flight operations with the Adminis-
trator of the Federal Aviation Administration to 
ensure the safe and efficient operation of the 
national airspace system; and 
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(B) with the Executive Assistant Commis-
sioner for Air and Marine Operations of CBP 
to— 
(i) ensure the safety of other CBP 
aircraft flying in the vicinity of small un-
manned aircraft operated by the U.S. Bor-
der 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 air-
craft (as such term is defined in section 44801 
of title 49, United States Code) requirements 
pursuant to subsection (f) of section 111 of the 
Secure the Border Act of 2023; and’’. 
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(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 air-
space 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. 112. ERADICATION OF CARRIZO CANE AND SALT 
CEDAR. 
(a) IN GENERAL.—Not later than 30 days after the 
date of the enactment of this Act, the Secretary, in coordi-
nation with the heads of relevant Federal, State, and local 
agencies, shall hire contractors to begin eradicating the 
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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, ex-
cept 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 sub-
section (c) of section 102 of the Illegal Immigration Re-
form and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1103 note), as amended by section 103 of this division, 
shall apply to activities carried out pursuant to subsection 
(a). 
(c) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary shall submit 
to the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security 
and Governmental Affairs of the Senate a strategic plan 
to eradicate all carrizo cane plant and salt cedar along 
the Rio Grande River that impedes border security oper-
ations by not later than September 30, 2027. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $7,000,000 for each of fis-
cal years 2024 through 2028 to the Secretary to carry 
out this subsection. 
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SEC. 113. BORDER PATROL STRATEGIC PLAN. 
(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this Act and biennially thereafter, 
the Commissioner, acting through the Chief of the U.S. 
Border Patrol, shall issue a Border Patrol Strategic Plan 
(referred to in this section as the ‘‘plan’’) to enhance the 
security of the borders of the United States. 
(b) ELEMENTS.—The plan shall include the fol-
lowing: 
(1) A consideration of Border Patrol Capability 
Gap Analysis reporting, Border Security Improve-
ment Plans, and any other strategic document au-
thored 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. Bor-
der Patrol to— 
(A) increase situational awareness, includ-
ing— 
(i) surveillance capabilities, such as 
capabilities developed or utilized by the 
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marijuana is defined under the law of 
the jurisdiction where the conviction 
occurred); 
‘‘(iv) the alien has been convicted of 
an offense arising under paragraph (1)(A) 
or (2) of section 274(a), or under section 
276; 
‘‘(v) the alien has been convicted of a 
Federal, State, tribal, or local crime that 
the Attorney General or Secretary of 
Homeland Security knows, or has reason 
to believe, was committed in support, pro-
motion, or furtherance of the activity of a 
criminal street gang (as defined under the 
law of the jurisdiction where the conviction 
occurred or in section 521(a) of title 18, 
United States Code); 
‘‘(vi) the alien has been convicted of 
an offense for driving while intoxicated or 
impaired, as those terms are defined under 
the law of the jurisdiction where the con-
viction occurred (including a conviction for 
driving while under the influence of or im-
paired by alcohol or drugs), without regard 
to whether the conviction is classified as a 
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131 
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(II) in clause (i), by inserting be-
fore ‘‘permit such child to withdraw’’ 
the following: ‘‘may’’; and 
(III) in clause (ii), by inserting 
before ‘‘return such child’’ the fol-
lowing: ‘‘shall’’; and 
(B) in paragraph (5)(D)— 
(i) in the matter preceding clause (i), 
by striking ‘‘, except for an unaccompanied 
alien child from a contiguous country sub-
ject to exceptions under subsection (a)(2),’’ 
and inserting ‘‘who does not meet the cri-
teria listed in paragraph (2)(A)’’; and 
(ii) in clause (i), by inserting before 
the semicolon at the end the following: ‘‘, 
which shall include a hearing before an im-
migration judge not later than 14 days 
after being screened under paragraph (4)’’; 
(2) in subsection (b)— 
(A) in paragraph (2)— 
(i) in subparagraph (A), by inserting 
before the semicolon the following: ‘‘be-
lieved not to meet the criteria listed in sub-
section (a)(2)(A)’’; and 
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