I 
117TH CONGRESS 
1ST SESSION H. R. 4828 
To secure the international borders of the United States, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 29, 2021 
Mr. KATKO (for himself, Mr. MCCARTHY, Mr. SCALISE, Ms. STEFANIK, Mr. 
JOHNSON of Louisiana, Mr. ROGERS of Alabama, Ms. GRANGER, Mr. 
MCCAUL, Mr. COMER, Mrs. WALORSKI, Mrs. RODGERS of Washington, 
Mr. GRAVES of Missouri, Mr. GUEST, Mr. HIGGINS of Louisiana, Mr. 
NORMAN, Mrs. MILLER-MEEKS, Mrs. HARSHBARGER, Mr. CLYDE, Mr. 
GIMENEZ, Mr. LATURNER, Mr. MEIJER, Mrs. CAMMACK, Mr. PFLUGER, 
Mr. GARBARINO, Mr. VAN DREW, Mr. BABIN, Mr. EMMER, Mr. TONY 
GONZALES
of Texas, Mr. RUTHERFORD, Mr. NEHLS, and Ms. 
MALLIOTAKIS) introduced the following bill; which was referred to the 
Committee on Homeland Security, and in addition to the Committees on 
Agriculture, and Ways and Means, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To secure the international borders of the United States, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Border Security for America Act of 2021’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
Sec. 3. Border wall system construction. 
Sec. 4. Strengthening the requirements for barriers along the southern border. 
Sec. 5. Border and port security technology investment plan. 
Sec. 6. Commercial solutions opening acquisition program. 
Sec. 7. Border security technology program management. 
Sec. 8. U.S. Customs and Border Protection technology upgrades. 
Sec. 9. Nonintrusive inspection operations. 
Sec. 10. Additional U.S. Customs and Border Protection personnel. 
Sec. 11. Anti-Border Corruption Act Reauthorization. 
Sec. 12. Establishment of workload staffing models for U.S. Border Patrol and 
Air and Marine Operations of CBP. 
Sec. 13. Operation Stonegarden. 
Sec. 14. Air and Marine Operations flight hours. 
Sec. 15. Eradication of carrizo cane and salt cedar. 
Sec. 16. Border Patrol Strategic Plan. 
Sec. 17. Homeland Security Investigations Innovation Lab. 
Sec. 18. Integrated Border Enforcement Teams. 
Sec. 19. DNA collection consistent with Federal law. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) CBP.—The term ‘‘CBP’’ means U.S. Cus-
toms and Border Protection. 
(2) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means the Commissioner of U.S. Customs 
and Border Protection. 
(3) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Homeland Security. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
(5) SITUATIONAL AWARENESS.—The term ‘‘sit-
uational awareness’’ has the meaning given such 
term in section 1092(a)(7) of the National Defense 
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Authorization Act for Fiscal Year 2017 (Public Law 
114–328; 6 U.S.C. 223(a)(7)). 
(6) UNMANNED AIRCRAFT SYSTEM.—The term 
‘‘unmanned aircraft system’’ has the meaning given 
such term in section 44801 of title 49, United 
States Code. 
SEC. 3. BORDER WALL SYSTEM CONSTRUCTION. 
(a) IN GENERAL.— 
(1) IMMEDIATE RESUMPTION OF BORDER WALL 
CONSTRUCTION.—Not later than 24 hours after the 
date of the enactment of this section, the Secretary 
shall resume all activities related to the construction 
of the border barrier system (also known as, and re-
ferred to in this section as, the ‘‘border wall sys-
tem’’) along the international border between the 
United States and Mexico that were underway or 
being planned for prior to January 20, 2021. 
(2) NO CANCELLATIONS.—The Secretary may 
not cancel any contract for activities related to the 
construction of the border wall system that was en-
tered into on or before January 20, 2021. 
(3) USE OF FUNDS.—To carry out this section, 
the Secretary shall expend all funds appropriated or 
explicitly obligated for the construction of the border 
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wall system that were appropriated or obligated, as 
the case may be, for use beginning October 1, 2016. 
(b) PLAN TO COMPLETE TACTICAL INFRASTRUC-
TURE AND TECHNOLOGY ELEMENTS OF SYSTEM.—Not 
later than 90 days after the date of the enactment of this 
section, the Secretary shall submit to the appropriate con-
gressional committees an implementation plan, including 
quarterly benchmarks and cost estimates, for satisfying all 
requirements of the construction of the border wall system 
referred to in paragraph (1) of subsection (a), including 
tactical infrastructure, technology, and other elements as 
identified by the Department prior to January 20, 2021, 
through the expenditure of funds appropriated or explicitly 
obligated, as the case may be, for use beginning October 
1, 2016, as well as any future funds appropriated by Con-
gress. 
(c) UPHOLD NEGOTIATED AGREEMENTS.—The Sec-
retary shall ensure that all agreements executed in writing 
between the Department and private citizens, State, local, 
or Tribal governments, or other stakeholders are honored 
by the Department relating to current and future con-
struction of the border wall system as required by such 
agreements. 
(d) DEFINITIONS.—In this section: 
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(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means the Committee on Homeland Secu-
rity and the Committee on Appropriations of the 
House of Representatives and the Committee on 
Homeland Security and Governmental Affairs and 
the Committee on Appropriations of the Senate. 
(2) TACTICAL
INFRASTRUCTURE.—The term 
‘‘tactical infrastructure’’ includes boat ramps, access 
gates, checkpoints, lighting, and roads associated 
with a border wall system. 
(3) TECHNOLOGY.—The term ‘‘technology’’ in-
cludes border surveillance and detection technology, 
including linear ground detection systems, associated 
with a border wall system. 
SEC. 4. 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-
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trants) to design, test, construct, install, deploy, integrate, 
and operate physical barriers, tactical infrastructure, and 
technology in the vicinity of the United States border to 
achieve situational awareness and operational control of 
the border and deter, impede, and detect illegal activity 
in high traffic areas.’’; 
(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 subparagraph (A)— 
(I) by striking ‘‘subsection (a)’’ 
and inserting ‘‘this section’’; 
(II) by striking ‘‘roads, lighting, 
cameras, and sensors’’ and inserting 
‘‘tactical infrastructure, and tech-
nology’’; and 
(III) by striking ‘‘gain’’ and in-
serting ‘‘achieve situational awareness 
and’’; 
(ii) by amending subparagraph (B) to 
read as follows: 
‘‘(B) PHYSICAL BARRIERS AND TACTICAL 
INFRASTRUCTURE.—The Secretary, in carrying 
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out this section, shall deploy along the United 
States border the most practical and effective 
physical barriers and tactical infrastructure 
available for achieving situational awareness 
and operational control of the border.’’; 
(iii) in subparagraph (C)— 
(I) by amending clause (i) to 
read as follows: 
‘‘(i) IN
GENERAL.—In carrying out 
this section, the Secretary shall consult 
with appropriate Federal agency partners, 
appropriate representatives of Federal, 
State, Tribal, and local governments, and 
appropriate private property owners in the 
United States to minimize the impact on 
the environment, culture, commerce, and 
quality of life for the communities and 
residents located near the sites at which 
such physical barriers are to be con-
structed.’’; and 
(II) in clause (ii)— 
(aa) in subclause (I), by 
striking ‘‘or’’ after the semicolon 
at the end; 
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(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, constructing, and deploying physical bar-
riers, tactical infrastructure, or technology, shall in-
corporate such safety features into such design, con-
struction, or deployment 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 
or agents of the Department of Homeland Security 
or of any other Federal agency deployed in the vicin-
ity of such physical barriers, tactical infrastructure, 
or technology.’’; and 
(E) in paragraph (4), by striking ‘‘this 
subsection’’ and inserting ‘‘this section’’; 
(3) in subsection (c)— 
(A) by amending paragraph (1) to read as 
follows: 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Secretary of Homeland Security 
shall have the authority to waive all legal require-
ments the Secretary determines necessary to ensure 
the expeditious design, testing, construction, instal-
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lation, deployment, integration, and operation of the 
physical barriers, tactical infrastructure, and tech-
nology under this section. Such waiver authority 
shall also apply with respect to any maintenance car-
ried out on such physical barriers, tactical infra-
structure, or technology. Any such decision by the 
Secretary shall be effective upon publication in the 
Federal Register.’’; 
(B) by redesignating paragraph (2) as 
paragraph (3); and 
(C) by inserting after paragraph (1) the 
following new paragraph: 
‘‘(2) NOTIFICATION.—Not later than 7 days 
after the date on which the Secretary of Homeland 
Security exercises the waiver authority under 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.—The Secretary of Homeland Se-
curity, in carrying out this section, shall deploy along the 
United States border the most practical and effective tech-
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nology available for achieving situational awareness and 
operational control of the border. 
‘‘(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-
cern between vehicles, humans, and animals, and ul-
timately filter false positives prior to transmission. 
‘‘(2) HIGH TRAFFIC AREAS.—The term ‘high 
traffic areas’ means areas in the vicinity of the 
United States border that— 
‘‘(A) are within the responsibility of U.S. 
Customs and Border Protection; and 
‘‘(B) have significant unlawful cross-border 
activity, as determined by the Secretary of 
Homeland Security. 
‘‘(3) 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). 
‘‘(4) PHYSICAL BARRIERS.—The term ‘physical 
barriers’ includes reinforced fencing, border wall sys-
tem, and levee walls. 
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‘‘(5) 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)). 
‘‘(6) TACTICAL
INFRASTRUCTURE.—The term 
‘tactical infrastructure’ includes boat ramps, access 
gates, checkpoints, lighting, and roads. 
‘‘(7) 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). 
‘‘(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. 
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‘‘(H) Other border detection, communica-
tion, and surveillance technology. 
‘‘(8) UNMANNED AIRCRAFT SYSTEM.—The term 
‘unmanned aircraft system’ has the meaning given 
such term in section 44801 of title 49, United 
States Code.’’. 
SEC. 5. BORDER AND PORT SECURITY TECHNOLOGY IN-
VESTMENT PLAN. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this section, the Commissioner, 
in consultation with covered officials and border and port 
security technology stakeholders, shall submit to the ap-
propriate congressional committees a strategic 5-year 
technology investment plan (in this section to be referred 
to as the ‘‘plan’’). The plan may include a classified annex, 
if appropriate. 
(b) CONTENTS OF PLAN.—The plan shall include the 
following: 
(1) An analysis of security risks with respect to 
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 such ports of entry. 
(3) An analysis of current and forecast trends 
relating to the number of aliens who— 
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(A) unlawfully entered the United States 
by crossing the northern or southern border of 
the United States; or 
(B) are unlawfully present in the United 
States. 
(4) A description of security-related technology 
acquisitions that are listed in order of priority to ad-
dress the security risks and capability gaps identi-
fied pursuant to paragraphs (1) and (2), respec-
tively. 
(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 industry, small and disadvantaged 
businesses, intra-government entities, university cen-
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ters of excellence, and national laboratories to en-
sure CBP understands the market for security-re-
lated technologies that are available to satisfy its 
mission needs before engaging in an acquisition of a 
security-related technology. 
(9) An assessment of the management of 
planned security-related technology programs by the 
acquisition workforce of CBP. 
(10) An identification of ways to leverage al-
ready-existing acquisition expertise within the Fed-
eral Government. 
(11) A description of the security resources, in-
cluding information security resources, that will be 
required to protect security-related technology from 
physical or cyber theft, diversion, sabotage, or at-
tack. 
(12) A description of initiatives to— 
(A) streamline the acquisition process of 
CBP; and 
(B) provide greater predictability and clar-
ity, with respect to such process, to small, me-
dium, and large businesses, including informa-
tion relating to the timeline for testing and 
evaluation. 
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(13) An assessment of the privacy and security 
impact on border communities of security-related 
technology. 
(14) In the case of a new acquisition leading to 
the removal of equipment from a port of entry along 
the northern or southern border of the United 
States, a strategy to consult with industry and com-
munity stakeholders affected by such removal. 
(15) A strategy to consult with industry and 
community stakeholders with respect to security im-
pacts at a port of entry described in paragraph (14). 
(c) LEVERAGING THE PRIVATE SECTOR.—To the ex-
tent practicable, the plan shall— 
(1) leverage to the greatest extent possible 
emerging technological trends, and research and de-
velopment trends, within the public and private sec-
tors; 
(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) APPROVAL.—The Commissioner may not publish 
the plan until the plan is approved by the Secretary. 
(f) DISCLOSURE.—The plan shall include a list of the 
names of individuals not employed by the Federal Govern-
ment who contributed to the development of the plan. 
(g) 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 identified pursuant to subsection 
(b)(5); and 
(B) the type of contract and the reason for 
acquiring such security-related technology. 
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(h) DEFINITIONS.—In this section: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Homeland Security 
of the House of Representatives; and 
(B) the Committee on Homeland Security 
and Governmental Affairs 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 given such term 
in section 212(a)(9)(B)(ii) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(9)(B)(ii)). 
SEC. 6. COMMERCIAL SOLUTIONS OPENING ACQUISITION 
PROGRAM. 
(a) AUTHORITY.—The Commissioner may carry out 
a program, to be known as the ‘‘commercial solutions 
opening acquisition program’’ (in this section referred to 
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as the ‘‘program’’), under which commercial items that are 
innovative may be acquired through a competitive selection 
of proposals resulting from a general solicitation and peer 
review of such proposals. 
(b) TREATMENT AS COMPETITIVE PROCEDURES.— 
Use of general solicitation competitive procedures for the 
program shall be considered to be use of competitive pro-
cedures for purposes of division C of title 41, United 
States Code. 
(c) LIMITATION.—The Commissioner may not enter 
into a contract under the program for an amount in excess 
of $10,000,000. 
(d) GUIDANCE.—The Commissioner, in consultation 
with the Under Secretary for Management of the Depart-
ment, shall— 
(1) issue guidance for the implementation of 
the program; and 
(2) post such guidance on a publicly available 
website of CBP. 
(e) REPORT.— 
(1) IN GENERAL.—The Commissioner shall sub-
mit to the appropriate congressional committees a 
report relating to the activities of the program as an 
addendum to the annual budget request submission 
of the Commissioner. 
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