section, the Commissioner shall brief the Committee on 
Homeland Security of the House of Representatives and 
the Committee on Homeland Security and Governmental 
Affairs of the Senate regarding the reason relating there-
to, as the case may be, by not later than the date that 
is two business days after the tenth day of such month. 
(c) DEFINITIONS.—In this section: 
(1) ALIEN ENCOUNTERS.—The term ‘‘alien en-
counters’’ means aliens apprehended, determined in-
admissible, or processed for removal by U.S. Cus-
toms and Border Protection. 
(2) GOT AWAY.—The term ‘‘got away’’ has the 
meaning given such term in section 1092(a) of the 
National Defense Authorization Act for Fiscal Year 
2017 (6 U.S.C. 223(a)). 
(3) TERRORIST
SCREENING
DATABASE.—The 
term ‘‘terrorist screening database’’ has the meaning 
given such term in section 2101 of the Homeland 
Security Act of 2002 (6 U.S.C. 621). 
(4) UNACCOMPANIED ALIEN CHILD.—The term 
‘‘unaccompanied alien child’’ has the meaning given 
such term in section 462(g) of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 279(g)). 
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SEC. 20. ALIEN CRIMINAL BACKGROUND CHECKS. 
(a) IN GENERAL.—Not later than seven days after 
the date of the enactment of this Act, the Commissioner 
shall certify to the Committee on Homeland Security and 
the Committee on the Judiciary of the House of Rep-
resentatives and the Committee on Homeland Security 
and Governmental Affairs and the Committee on the Judi-
ciary of the Senate that CBP has real-time access to the 
criminal history databases of all countries of origin and 
transit for aliens encountered by CBP to perform criminal 
history background checks for such aliens. 
(b) STANDARDS.—The certification required under 
subsection (a) shall also include a determination whether 
the criminal history databases of a country are accurate, 
up to date, digitized, searchable, and otherwise meet the 
standards of the Federal Bureau of Investigation for 
criminal history databases maintained by State and local 
governments. 
(c) CERTIFICATION.—The Secretary shall annually 
submit to the Committee on Homeland Security and the 
Committee on the Judiciary of the House of Representa-
tives and the Committee on Homeland Security and Gov-
ernmental Affairs and the Committee on the Judiciary of 
the Senate a certification that each database referred to 
in subsection (b) which the Secretary accessed or sought 
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to access pursuant to this section met the standards de-
scribed in subsection (b). 
SEC. 21. PROHIBITED IDENTIFICATION DOCUMENTS AT 
AIRPORT SECURITY CHECKPOINTS; NOTIFI-
CATION TO IMMIGRATION AGENCIES. 
(a) IN GENERAL.—The Administrator may not ac-
cept as valid proof of identification a prohibited identifica-
tion document at an airport security checkpoint. 
(b) NOTIFICATION TO IMMIGRATION AGENCIES.—If 
an individual presents a prohibited identification docu-
ment to an officer of the Transportation Security Admin-
istration at an airport security checkpoint, the Adminis-
trator shall promptly notify the Director of U.S. Immigra-
tion and Customs Enforcement, the Director of U.S. Cus-
toms and Border Protection, and the head of the appro-
priate local law enforcement agency to determine whether 
the individual is in violation of any term of release from 
the custody of any such agency. 
(c) ENTRY INTO STERILE AREAS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), if an individual is found to be in violation 
of any term of release under subsection (b), the Ad-
ministrator may not permit such individual to enter 
a sterile area. 
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(2) EXCEPTION.—An individual presenting a 
prohibited identification document under this section 
may enter a sterile area if the individual— 
(A) is leaving the United States for the 
purposes of removal or deportation; or 
(B) presents a covered identification docu-
ment. 
(d) COLLECTION OF BIOMETRIC INFORMATION FROM 
CERTAIN INDIVIDUALS SEEKING ENTRY INTO THE STER-
ILE AREA OF AN AIRPORT.—Beginning not later than 120 
days after the date of the enactment of this Act, the Ad-
ministrator shall collect biometric information from an in-
dividual described in subsection (e) prior to authorizing 
such individual to enter into a sterile area. 
(e) INDIVIDUAL
DESCRIBED.—An individual de-
scribed in this subsection is an individual who— 
(1) is seeking entry into the sterile area of an 
airport; 
(2) does not present a covered identification 
document; and 
(3) the Administrator cannot verify is a na-
tional of the United States. 
(f) PARTICIPATION IN IDENT.—Beginning not later 
than 120 days after the date of the enactment of this Act, 
the Administrator, in coordination with the Secretary, 
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shall submit biometric data collected under this section to 
the Automated Biometric Identification System (IDENT). 
(g) DEFINITIONS.—In this section: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Transpor-
tation Security Administration. 
(2) BIOMETRIC INFORMATION.—The term ‘‘bio-
metric information’’ means any of the following: 
(A) A fingerprint. 
(B) A palm print. 
(C) A photograph, including— 
(i) a photograph of an individual’s 
face for use with facial recognition tech-
nology; and 
(ii) a photograph of any physical or 
anatomical feature, such as a scar, skin 
mark, or tattoo. 
(D) A signature. 
(E) A voice print. 
(F) An iris image. 
(3) COVERED
IDENTIFICATION
DOCUMENT.— 
The term ‘‘covered identification document’’ means 
any of the following, if the document is valid and 
unexpired: 
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(A) A United States passport or passport 
card. 
(B) A biometrically secure card issued by 
a trusted or registered traveler program of the 
Department of Homeland Security, including— 
(i) Global Entry; 
(ii) Nexus; 
(iii) Secure Electronic Network for 
Travelers Rapid Inspection (SENTRI); 
and 
(iv) Free and Secure Trade (FAST). 
(C) An identification card issued by the 
Department of Defense, including such a card 
issued to a dependent. 
(D) Any document required for admission 
to the United States under section 211(a) of 
the Immigration and Nationality Act (8 U.S.C. 
1181(a)). 
(E) An enhanced driver’s license issued by 
a State. 
(F) A photo identification card issued by a 
federally recognized Indian Tribe. 
(G) A personal identity verification creden-
tial issued in accordance with Homeland Secu-
rity Presidential Directive 12. 
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(H) A driver’s license issued by a province 
of Canada. 
(I) A Secure Certificate of Indian Status 
issued by the Government of Canada. 
(J) A Transportation Worker Identifica-
tion Credential. 
(K) An Employment Authorization Docu-
ment issued by U.S. Citizenship and Immigra-
tion Services. 
(L) A Merchant Mariner Credential issued 
by the Coast Guard. 
(M) A Veteran Health Identification Card 
issued by the Department of Veterans Affairs. 
(N) Any other document the Administrator 
determines, pursuant to a rule making in ac-
cordance with section 553 of title 5, United 
States Code, will satisfy the identity verification 
procedures of the Transportation Security Ad-
ministration. 
(4) IMMIGRATION LAWS.—The term ‘‘immigra-
tion laws’’ has the meaning given that term in sec-
tion 101 of the Immigration and Nationality Act (8 
U.S.C. 1101). 
(5) 
PROHIBITED
IDENTIFICATION
DOCU-
MENT.—The term ‘‘prohibited identification docu-
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ment’’ means any of the following (or any applicable 
successor form): 
(A) U.S. Immigration and Customs En-
forcement Form I–200, Warrant for Arrest of 
Alien. 
(B) U.S. Immigration and Customs En-
forcement Form I–205, Warrant of Removal/ 
Deportation. 
(C) U.S. Immigration and Customs En-
forcement Form I–220A, Order of Release on 
Recognizance. 
(D) U.S. Immigration and Customs En-
forcement Form I–220B, Order of Supervision. 
(E) Department of Homeland Security 
Form I–862, Notice to Appear. 
(F) U.S. Customs and Border Protection 
Form I–94, Arrival/Departure Record (includ-
ing a print-out of an electronic record). 
(G) Department of Homeland Security 
Form I–385, Notice to Report. 
(H) Any document that directs an indi-
vidual to report to the Department of Home-
land Security. 
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(I) Any Department of Homeland Security 
work authorization or employment verification 
document. 
(6) STERILE AREA.—The term ‘‘sterile area’’ 
has the meaning given that term in section 1540.5 
of title 49, Code of Federal Regulations, or any suc-
cessor regulation. 
SEC. 22. PROHIBITION AGAINST ANY COVID–19 VACCINE 
MANDATE OR ADVERSE ACTION AGAINST 
DHS EMPLOYEES. 
(a) LIMITATION
ON IMPOSITION
OF NEW MAN-
DATE.—The Secretary may not issue any COVID–19 vac-
cine mandate unless Congress expressly authorizes such 
a mandate. 
(b) PROHIBITION ON ADVERSE ACTION.—The Sec-
retary may not take any adverse action against a Depart-
ment employee based solely on the refusal of such em-
ployee to receive a vaccine for COVID–19. 
(c) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary shall report 
to the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security 
and Governmental Affairs of the Senate on the following: 
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(1) The number of Department employees who 
were terminated or resigned due to the COVID–19 
vaccine mandate. 
(2) An estimate of the cost to reinstate such 
employees. 
(3) How the Department would effectuate rein-
statement of such employees. 
(d) 
RETENTION
AND
DEVELOPMENT
OF 
UNVACCINATED EMPLOYEES.—The Secretary shall make 
every effort to retain Department employees who are not 
vaccinated against COVID–19 and provide such employees 
with professional development, promotion and leadership 
opportunities, and consideration equal to that of their 
peers. 
SEC. 23. CBP ONE APP LIMITATION. 
(a) LIMITATION.—The Department may use the CBP 
One Mobile Application or any other similar program, ap-
plication, internet-based portal, website, device, or initia-
tive only for inspection of perishable cargo. 
(b) REPORT.—Not later than 60 days after the date 
of the enactment of this section, the Commissioner shall 
report to the Committee on Homeland Security of the 
House of Representatives and the Committee on Home-
land Security and Governmental Affairs of the Senate the 
date on which CBP began using CBP One to allow aliens 
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to schedule interviews at land ports of entry, how many 
aliens have scheduled interviews at land ports of entry 
using CBP One, the nationalities of such aliens, and the 
stated final destinations of such aliens within the United 
States, if any. 
SEC. 24. REPORT ON DESIGNATION OF MEXICAN CARTELS 
AS FOREIGN TERRORIST ORGANIZATIONS. 
(a) REPORT.— 
(1) IN GENERAL.—Not later than 60 days after 
the date of the enactment of this Act, the Secretary 
of Homeland Security, in coordination with the Sec-
retary of State, shall submit to the appropriate con-
gressional committees a report on whether a Mexi-
can drug cartel described in paragraph (2) meets the 
criteria for designation as foreign terrorist organiza-
tion. 
(2) MEXICAN DRUG CARTELS DESCRIBED.—The 
Mexican drug cartels described in this paragraph in-
clude the following: 
(A) Jalisco New Generation Cartel. 
(B) Sinaloa Cartel. 
(C) Juarez Cartel. 
(D) Tijuana Cartel. 
(E) Gulf Cartel. 
(F) Los Zetas. 
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(G) Las Moicas. 
(H) Los Caballeros Templarios. 
(I) Beltran-Leyva Organization. 
(J) Los Rojos. 
(K) La Familia Michoacana. 
(b) DEFINITIONS.—In this section: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Foreign Affairs, the 
Committee on Homeland Security, and the 
Committee on the Judiciary of the House of 
Representatives; and 
(B) the Committee on Foreign Relations, 
the Committee on Homeland Security and Gov-
ernmental Affairs, and the Committee on the 
Judiciary of the Senate. 
(2) FOREIGN TERRORIST ORGANIZATION.—The 
term ‘‘foreign terrorist organization’’ means an or-
ganization described in section 219 of the Immigra-
tion and Nationality Act (8 U.S.C. 1189). 
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to expand the eligibility for asylum 
of any alien by reason of the designation of a drug cartel 
as a foreign terrorist organization. 
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SEC. 25. GAO STUDY ON COSTS INCURRED BY STATES TO 
SECURE THE SOUTHWEST BORDER. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall conduct a study to examine the 
costs incurred by individual States as a result of actions 
taken by such States in support of the Federal mission 
to secure the southwest border, and the feasibility of a 
program to reimburse such States for such costs. 
(b) CONTENTS.—The study required under sub-
section (a) shall include consideration of the following: 
(1) Actions taken by the Department of Home-
land Security that have contributed to costs de-
scribed in such subsection incurred by States to se-
cure the border in the absence of Federal action, in-
cluding the termination of the Migrant Protection 
Protocols and cancellation of border wall construc-
tion. 
(2) Actions taken by individual States along the 
southwest border to secure their borders, and the 
costs associated with such actions. 
(3) The feasibility of a program within the De-
partment of Homeland Security to reimburse States 
for the costs incurred in support of the Federal mis-
sion to secure the southwest border. 
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SEC. 26. REPORT BY INSPECTOR GENERAL OF THE DE-
PARTMENT OF HOMELAND SECURITY. 
(a) REPORT.—Not later than one year after the date 
of the enactment of this Act and annually thereafter for 
five years, the Inspector General of the Department of 
Homeland Security shall submit to the Committee on 
Homeland Security of the House of Representatives and 
the Committee on Homeland Security and Governmental 
Affairs of the Senate a report examining the economic and 
security impact of mass migration to municipalities and 
States along the southwest border. Such report shall in-
clude information regarding costs incurred by the fol-
lowing: 
(1) State and local law enforcement to secure 
the southwest border. 
(2) Public school districts to educate students 
who are aliens unlawfully present in the United 
States. 
(3) Healthcare providers to provide care to 
aliens unlawfully present in the United States who 
have not paid for such care. 
(4) Farmers and ranchers due to migration im-
pacts to their properties. 
(b) CONSULTATION.—To produce the report required 
under subsection (a), the Inspector General of the Depart-
ment of Homeland Security shall consult with the individ-
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uals and representatives of the entities described in para-
graphs (1) through (4) of such subsection. 
SEC. 27. OFFSETTING AUTHORIZATIONS OF APPROPRIA-
TIONS. 
(a) OFFICE OF THE SECRETARY AND EMERGENCY 
MANAGEMENT.—No funds are authorized to be appro-
priated for the Alternatives to Detention Case Manage-
ment Pilot Program or the Office of the Immigration De-
tention Ombudsman for the Office of the Secretary and 
Emergency Management of the Department of Homeland 
Security. 
(b) MANAGEMENT DIRECTORATE.—No funds are au-
thorized to be appropriated for electric vehicles or St. Eliz-
abeth’s campus construction for the Management Direc-
torate of the Department of Homeland Security. 
(c) INTELLIGENCE, ANALYSIS, AND SITUATIONAL 
AWARENESS.—There is authorized to be appropriated 
$216,000,000 for Intelligence, Analysis, and Situational 
Awareness of the Department of Homeland Security. 
(d) U.S. CUSTOMS AND BORDER PROTECTION.—No 
funds are authorized to be appropriated for the Shelter 
Services Program for U.S. Customs and Border Protec-
tion. 
Æ 
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