IB 
Union Calendar No. 29 
118TH CONGRESS 
1ST SESSION 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 
APRIL 24, 2023 
Mr. GREEN of Tennessee (for himself, Mr. HIGGINS of Louisiana, Mr. 
MCCAUL, Mr. GUEST, Mr. BISHOP of North Carolina, Mr. GIMENEZ, Mr. 
PFLUGER, Mr. GARBARINO, Mr. LALOTA, Mr. EZELL, Mr. D’ESPOSITO, 
Mr. STRONG, Mr. BRECHEEN, Mr. CRANE, Ms. GREENE of Georgia, Mr. 
TONY GONZALES of Texas, Mr. LUTTRELL, and Ms. LEE of 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 
MAY 5, 2023 
Additional sponsors: Mr. ELLZEY, Mr. RESCHENTHALER, Mr. EDWARDS, Mr. 
BEAN of Florida, Mr. NEHLS, Mr. SESSIONS, and Mr. PENCE 
MAY 5, 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] 
MAY 5, 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-
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 Reinforcement Act of 2023’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
Sec. 3. Border wall construction. 
Sec. 4. Strengthening the requirements for barriers along the southern border. 
Sec. 5. Border and port security technology investment plan. 
Sec. 6. Border security technology program management. 
Sec. 7. U.S. Customs and Border Protection technology upgrades. 
Sec. 8. U.S. Customs and Border Protection personnel. 
Sec. 9. Anti-Border Corruption Act reauthorization. 
Sec. 10. Establishment of workload staffing models for U.S. Border Patrol and 
Air and Marine Operations of CBP. 
Sec. 11. Operation Stonegarden. 
Sec. 12. Air and Marine Operations flight hours. 
Sec. 13. Eradication of carrizo cane and salt cedar. 
Sec. 14. Border patrol strategic plan. 
Sec. 15. U.S. Customs and Border Protection spiritual readiness. 
Sec. 16. Restrictions on funding. 
Sec. 17. Collection of DNA and biometric information at the border. 
Sec. 18. Eradication of narcotic drugs and formulating effective new tools to 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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(1) IMMEDIATE RESUMPTION OF BORDER WALL 
CONSTRUCTION.—Not later than seven days after the 
date of the enactment of this section, the Secretary 
shall resume all activities related to the construction 
of the border wall along the international border be-
tween the United States and Mexico that were under-
way or being planned for prior to January 20, 2021. 
(2) USE OF FUNDS.—To carry out this section, 
the Secretary shall expend all unexpired funds appro-
priated or explicitly obligated for the construction of 
the border wall that were appropriated or obligated, 
as the case may be, for use beginning on October 1, 
2019. 
(3) USE OF MATERIALS.—Any unused materials 
purchased before the date of the enactment of this sec-
tion for construction of the border wall may be used 
for activities related to the construction of the border 
wall in accordance with paragraph (1). 
(b) PLAN TO COMPLETE TACTICAL INFRASTRUCTURE 
AND TECHNOLOGY.—Not later than 90 days after the date 
of the enactment of this section and annually thereafter 
until construction of the border wall has been completed, 
the Secretary shall submit to the appropriate congressional 
committees an implementation plan, including annual 
benchmarks for the construction of 200 miles of such wall 
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and associated cost estimates for satisfying all requirements 
of the construction of the border wall, including installation 
and deployment of tactical infrastructure, technology, and 
other elements as identified by the Department prior to 
January 20, 2021, through the expenditure of funds appro-
priated or explicitly obligated, as the case may be, for use, 
as well as any future funds appropriated or otherwise made 
available by Congress. 
(c) DEFINITIONS.—In this section: 
(1) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional commit-
tees’’ means the Committee on Homeland Security 
and the Committee on Appropriations of the House of 
Representatives and the Committee on Homeland Se-
curity and Governmental Affairs and the Committee 
on Appropriations of the Senate. 
(2) 
TACTICAL
INFRASTRUCTURE.—The 
term 
‘‘tactical infrastructure’’ includes boat ramps, access 
gates, checkpoints, lighting, and roads associated with 
a border wall. 
(3) TECHNOLOGY.—The term ‘‘technology’’ in-
cludes border surveillance and detection technology, 
including linear ground detection systems, associated 
with a border wall. 
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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 Public 
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 Secu-
rity shall take such actions as may be necessary (including 
the removal of obstacles to detection of illegal entrants) to 
design, test, construct, install, deploy, integrate, and oper-
ate physical barriers, tactical infrastructure, and tech-
nology in the vicinity of the southwest border to achieve 
situational awareness and operational control of the south-
west border and deter, impede, and detect unlawful activ-
ity.’’; 
(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 awareness and 
operational control of the southwest border is 
achieved.’’; 
(iii) by amending subparagraph (B) to 
read as follows: 
‘‘(B) PHYSICAL
BARRIERS
AND
TACTICAL 
INFRASTRUCTURE.—In carrying out this section, 
the Secretary of Homeland Security shall deploy 
along the southwest border the most practical 
and effective physical barriers, tactical infra-
structure, 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 Se-
curity shall consult with the Secretary of 
the Interior, the Secretary of Agriculture, 
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appropriate representatives of State, Tribal, 
and local governments, and appropriate 
private property owners in the United 
States to minimize the impact on natural 
resources, commerce, and sites of historical 
or cultural significance for the communities 
and residents located near the sites at which 
physical barriers, tactical infrastructure, 
and technology are to be constructed. Such 
consultation may not delay such construc-
tion 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 prop-
erty or affect the validity of any prop-
erty acquisition by the United States 
by purchase or eminent domain, or to 
otherwise affect the eminent domain 
laws of the United States or of any 
State; or’’; and 
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(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 Secu-
rity’’; 
(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, in-
stallation, deployment, integration, or operation of 
such physical barriers, tactical infrastructure, or tech-
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nology, as the case may be, that the Secretary deter-
mines are necessary to maximize the safety and effec-
tiveness of officers and agents of the Department of 
Homeland Security or of any other Federal agency 
deployed in the vicinity of such physical barriers, tac-
tical infrastructure, or technology.’’; and 
(E) in paragraph (4), by striking ‘‘this sub-
section’’ and inserting ‘‘this section’’; 
(3) in subsection (c)— 
(A) by amending paragraph (1) to read as 
follows: 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Secretary of Homeland Security 
shall waive all legal requirements necessary to ensure 
the expeditious design, testing, construction, installa-
tion, deployment, integration, operation, and mainte-
nance of the physical barriers, tactical infrastructure, 
and technology under this section. The Secretary shall 
ensure the maintenance and effectiveness of such 
physical barriers, tactical infrastructure, or tech-
nology. Any such action by the Secretary shall be ef-
fective upon publication in the Federal Register.’’; 
(B) by redesignating paragraph (2) as 
paragraph (3); and 
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(C) by inserting after paragraph (1) the fol-
lowing new paragraph: 
‘‘(2) NOTIFICATION.—Not later than seven days 
after the date on which the Secretary of Homeland 
Security exercises a waiver pursuant to paragraph 
(1), the Secretary shall notify the Committee on 
Homeland Security of the House of Representatives 
and the Committee on Homeland Security and Gov-
ernmental 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 technology 
available for achieving situational awareness and oper-
ational 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 discern 
between vehicles, humans, and animals, and ulti-
mately filter false positives prior to transmission. 
‘‘(2) OPERATIONAL CONTROL.—The term ‘oper-
ational control’ has the meaning given such term in 
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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 ‘situ-
ational awareness’ has the meaning given such term 
in section 1092(a)(7) of the National Defense Author-
ization 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). 
‘‘(D) 3-dimensional, seismic acoustic detec-
tion and ranging border tunneling detection 
technology. 
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‘‘(E) Advanced unattended surveillance sen-
sors. 
‘‘(F) Mobile vehicle-mounted and man-port-
able 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. 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 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 
‘‘plan’’). The plan may include a classified annex, if appro-
priate. 
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(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 
(B) are unlawfully present in the United 
States. 
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(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 technologies 
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, uni-
versity centers of excellence, and federal laboratories 
to ensure CBP is able to engage with the market for 
security-related technologies that are available to sat-
isfy its mission needs before engaging in an acquisi-
tion of a security-related technology. 
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(9) An assessment of the management of planned 
security-related technology programs by the acquisi-
tion 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 
the northern or southern border of the United States, 
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a strategy to consult with the private sector and com-
munity stakeholders affected by such removal. 
(15) A strategy to consult with the private sector 
and community stakeholders with respect to security 
impacts at a port of entry described in paragraph 
(14). 
(16) An identification of recent technological ad-
vancements 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. 
(v) 
Deployable, 
lighter-than-air, 
ground surveillance equipment. 
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(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 pub-
lic and private sectors; 
(2) incorporate input from the private sector, in-
cluding from border and port security stakeholders, 
through requests for information, industry day events, 
and other innovative means consistent with the Fed-
eral Acquisition Regulation; and 
(3) identify security-related technologies that are 
in development or deployed, with or without adapta-
tion, that may satisfy the mission needs of CBP. 
(d) FORM.—To the extent practicable, the plan shall 
be published in unclassified form on the website of the De-
partment. 
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(e) DISCLOSURE.—The plan shall include an identi-
fication of individuals not employed by the Federal Govern-
ment, and their professional affiliations, who contributed 
to the development of the plan. 
(f) UPDATE AND REPORT.—Not later than the date 
that is two years after the date on which the plan is 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 congres-
sional committees— 
(1) an update of the plan, if appropriate; and 
(2) a report that includes— 
(A) the extent to which each security-related 
technology acquired by CBP since the initial 
submission of the plan or most recent update of 
the plan, as the case may be, is consistent with 
the planned technology programs and projects 
described pursuant to subsection (b)(5); and 
(B) the type of contract and the reason for 
acquiring each such security-related technology. 
(g) DEFINITIONS.—In this section: 
(1) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional commit-
tees’’ means— 
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(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 of-
ficials’’ 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 De-
partment. 
(3) UNLAWFULLY PRESENT.—The term ‘‘unlaw-
fully present’’ has the meaning provided such term in 
section 212(a)(9)(B)(ii) of the Immigration and Na-
tionality Act (8 U.S.C. 1182(a)(9)(B)(ii)). 
SEC. 6. BORDER SECURITY TECHNOLOGY PROGRAM MAN-
AGEMENT. 
(a) IN GENERAL.—Subtitle C of title IV of the Home-
land Security Act of 2002 (6 U.S.C. 231 et seq.) is amended 
by adding at the end the following new section: 
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‘‘SEC. 437. BORDER SECURITY TECHNOLOGY PROGRAM 
MANAGEMENT. 
‘‘(a) MAJOR ACQUISITION PROGRAM DEFINED.—In 
this section, the term ‘major acquisition program’ means 
an acquisition program of the Department that is estimated 
by the Secretary to require an eventual total expenditure 
of at least $100,000,000 (based on fiscal year 2023 constant 
dollars) over its life-cycle cost. 
‘‘(b) PLANNING DOCUMENTATION.—For each border se-
curity technology acquisition program of the Department 
that is determined to be a major acquisition program, the 
Secretary shall— 
‘‘(1) ensure that each such program has a writ-
ten acquisition program baseline approved by the rel-
evant 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 
‘‘(3) have a plan for satisfying program imple-
mentation objectives by managing contractor perform-
ance. 
‘‘(c) ADHERENCE
TO STANDARDS.—The Secretary, 
acting through the Under Secretary for Management and 
the Commissioner of U.S. Customs and Border Protection, 
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shall ensure border security technology acquisition program 
managers who are responsible for carrying out this section 
adhere to relevant internal control standards identified by 
the Comptroller General of the United States. The Commis-
sioner shall provide information, as needed, to assist the 
Under Secretary in monitoring management of border secu-
rity 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 Commis-
sioner of U.S. Customs and Border Protection, shall submit 
to the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security 
and Governmental Affairs of the Senate a plan for testing, 
evaluating, and using independent verification and valida-
tion of resources relating to the proposed acquisition of bor-
der security technology. Under such plan, the proposed ac-
quisition of new border security technologies shall be evalu-
ated through a series of assessments, processes, and audits 
to ensure— 
‘‘(1) compliance with relevant departmental ac-
quisition policies and the Federal Acquisition Regula-
tion; and 
‘‘(2) the effective use of taxpayer dollars.’’. 
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(b) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of the Homeland Security Act of 2002 is 
amended by inserting after the item relating to section 436 
the following new item: 
‘‘Sec. 437. Border security technology program management.’’. 
(c) PROHIBITION ON ADDITIONAL AUTHORIZATION OF 
APPROPRIATIONS.—No additional funds are authorized to 
be appropriated to carry out section 437 of the Homeland 
Security Act of 2002, as added by subsection (a). 
SEC. 7. U.S. CUSTOMS AND BORDER PROTECTION TECH-
NOLOGY UPGRADES. 
(a) SECURE COMMUNICATIONS.—The Commissioner 
shall ensure that each CBP officer or agent, as appropriate, 
is equipped with a secure radio or other two-way commu-
nication device that allows each such officer or agent to 
communicate— 
(1) between ports of entry and inspection sta-
tions; and 
(2) with other Federal, State, Tribal, and local 
law enforcement entities. 
(b) BORDER SECURITY DEPLOYMENT PROGRAM.— 
(1) EXPANSION.—Not later than September 30, 
2025, the Commissioner shall— 
(A) fully implement the Border Security 
Deployment Program of CBP; and 
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(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 section, 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. 
(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). 
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SEC. 8. 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 serv-
ice 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 main-
tain an active duty presence of not fewer than 22,000 full- 
time equivalent Border Patrol agents, who may not perform 
the duties of processing coordinators. 
(c) PROHIBITION AGAINST ALIEN TRAVEL.—No per-
sonnel or equipment of Air and Marine Operations may 
be used for the transportation of non-detained aliens, or de-
tained aliens expected to be administratively released upon 
arrival, from the southwest border to destinations within 
the United States. 
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(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 Ac-
countability Office a report relating thereto. 
SEC. 9. ANTI-BORDER CORRUPTION ACT REAUTHORIZA-
TION. 
(a) HIRING FLEXIBILITY.—Section 3 of the Anti-Bor-
der Corruption Act of 2010 (6 U.S.C. 221; Public Law 111– 
376) is amended by striking subsection (b) and inserting 
the following new subsections: 
‘‘(b) WAIVER REQUIREMENT.—Subject to subsection 
(c), the Commissioner of U.S. Customs and Border Protec-
tion shall waive the application of subsection (a)(1)— 
‘‘(1) to a current, full-time law enforcement offi-
cer 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, investigation, 
or prosecution of, or the incarceration of any 
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person for, any violation of law, and has statu-
tory 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; 
‘‘(B) is authorized to make arrests, conduct 
investigations, conduct searches, make seizures, 
carry firearms, and serve orders, warrants, and 
other processes; 
‘‘(C) is not currently under investigation, 
has not been found to have engaged in criminal 
activity or serious misconduct, has not resigned 
from a law enforcement officer position under 
investigation or in lieu of termination, and has 
not been dismissed from a law enforcement offi-
cer position; and 
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‘‘(D) holds a current Tier 4 background in-
vestigation or current Tier 5 background inves-
tigation; 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-
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 obtain 
the clearance referred to in subparagraph (B). 
‘‘(c) TERMINATION OF WAIVER REQUIREMENT; SNAP- 
BACK.—The requirement to issue a waiver under subsection 
(b) shall terminate if the Commissioner of U.S. Customs 
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and Border Protection (CBP) certifies to the Committee on 
Homeland Security of the House of Representatives and the 
Committee on Homeland Security and Governmental Af-
fairs of the Senate that CBP has met all requirements pur-
suant to section 8 of the Border Reinforcement Act of 2023 
relating to personnel levels. If at any time after such certifi-
cation personnel levels fall below such requirements, the 
Commissioner shall waive the application of subsection 
(a)(1) until such time as the Commissioner re-certifies to 
such Committees that CBP has so met all such require-
ments.’’. 
(b) SUPPLEMENTAL COMMISSIONER AUTHORITY; RE-
PORTING; 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 hir-
ing requirements relating to suitability for employment and 
eligibility to hold a national security designated position, 
as determined by the Commissioner of U.S. Customs and 
Border Protection. 
‘‘(b) BACKGROUND INVESTIGATIONS.—An individual 
who receives a waiver under section 3(b) who holds a cur-
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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 investigation 
that results in a determination that a polygraph examina-
tion is necessary to make a final determination regarding 
suitability for employment or continued employment, as the 
case may be. 
‘‘SEC. 6. REPORTING. 
‘‘(a) ANNUAL REPORT.—Not later than one year after 
the date of the enactment of this section and annually there-
after while the waiver authority under section 3(b) is in 
effect, the Commissioner of U.S. Customs and Border Pro-
tection shall submit to Congress a report that includes, with 
respect to each such reporting period, the following: 
‘‘(1) Information relating to the number of waiv-
ers granted under such section 3(b). 
‘‘(2) Information relating to the percentage of 
applicants who were hired after receiving such a 
waiver. 
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‘‘(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 positions 
at U.S. Customs and Border Protection. 
‘‘(5) An identification of additional authorities 
needed by U.S. Customs and Border Protection to bet-
ter utilize such waiver authority for its intended 
goals. 
‘‘(b) ADDITIONAL INFORMATION.—The first report sub-
mitted under subsection (a) shall include the following: 
‘‘(1) An analysis of other methods of employment 
suitability tests that detect deception and could be 
used in conjunction with traditional background in-
vestigations 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 poly-
graph examination requirement is waived pursuant 
to section 3(b). 
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‘‘SEC. 7. DEFINITIONS. 
‘‘In this Act: 
‘‘(1) FEDERAL LAW ENFORCEMENT OFFICER.— 
The term ‘Federal law enforcement officer’ means a 
‘law enforcement officer’, as such term is defined in 
section 8331(20) or 8401(17) of title 5, United States 
Code. 
‘‘(2) SERIOUS MILITARY OR CIVIL OFFENSE.— 
The term ‘serious military or civil offense’ means an 
offense for which— 
‘‘(A) a member of the Armed Forces may be 
discharged or separated from service in the 
Armed Forces; and 
‘‘(B) a punitive discharge is, or would be, 
authorized for the same or a closely related 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.’’. 
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(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. 10. 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 co-
ordination with the Under Secretary for Management, the 
Chief Human Capital Officer, and the Chief Financial Offi-
cer 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.—Sub-
section (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: 
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‘‘(18) implement a staffing model for the U.S. 
Border Patrol, Air and Marine Operations, and the 
Office of Field Operations that includes consideration 
for essential frontline operator activities and func-
tions, variations in operating environments, present 
and planned infrastructure, present and planned 
technology, and required operations support levels to 
enable such entities to manage and assign personnel 
of such entities to ensure field and support posts pos-
sess adequate resources to carry out duties specified in 
this section; 
‘‘(19) develop standard operating procedures for 
a workforce tracking system within the U.S. Border 
Patrol, Air and Marine Operations, and the Office of 
Field Operations, train the workforce of each of such 
entities on the use, capabilities, and purpose of such 
system, and implement internal controls to ensure 
timely and accurate scheduling and reporting of ac-
tual completed work hours and activities;’’. 
(c) REPORT.— 
(1) IN GENERAL.—Not later than one year after 
the date of the enactment of this section with respect 
to subsection (a) and paragraphs (18) and (19) of sec-
tion 411(c) of the Homeland Security Act of 2002 (as 
amended by subsection (b)), and annually thereafter 
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with respect to such paragraphs (18) and (19), the 
Secretary shall submit to the appropriate congres-
sional committees a report that includes a status up-
date 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 staff-
ing model. 
(d) INSPECTOR GENERAL REVIEW.—Not later than 90 
days after the Commissioner develops the workload staffing 
models pursuant to subsection (a), the Inspector General of 
the Department shall review such models and provide feed-
back to the Secretary and the appropriate congressional 
committees with respect to the degree to which such models 
are responsive to the recommendations of the Inspector Gen-
eral, including the following: 
(1) Recommendations from the Inspector Gen-
eral’s February 2019 audit. 
(2) Any further recommendations to improve 
such models. 
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(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. 11. OPERATION STONEGARDEN. 
(a) IN GENERAL.—Subtitle A of title XX of the Home-
land Security Act of 2002 (6 U.S.C. 601 et seq.) is amended 
by adding at the end the following new section: 
‘‘SEC. 2010. OPERATION STONEGARDEN. 
‘‘(a) ESTABLISHMENT.—There is established in the De-
partment a program to be known as ‘Operation 
Stonegarden’, under which the Secretary, acting through the 
Administrator, shall make grants to eligible law enforce-
ment agencies, through State administrative agencies, to en-
hance border security in accordance with this section. 
‘‘(b) ELIGIBLE RECIPIENTS.—To be eligible to receive 
a grant under this section, a law enforcement agency 
shall— 
‘‘(1) be located in— 
‘‘(A) a State bordering Canada or Mexico; 
or 
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‘‘(B) a State or territory with a maritime 
border; 
‘‘(2) be involved in an active, ongoing, U.S. Cus-
toms and Border Protection operation coordinated 
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: 
‘‘(1) Equipment, including maintenance and 
sustainment. 
‘‘(2) Personnel, including overtime and backfill, 
in support of enhanced border law enforcement activi-
ties. 
‘‘(3) Any activity permitted for Operation 
Stonegarden under the most recent fiscal year Depart-
ment of Homeland Security’s Homeland Security 
Grant Program Notice of Funding Opportunity. 
‘‘(d) PERIOD OF PERFORMANCE.—The Secretary shall 
award grants under this section to grant recipients for a 
period of not fewer than 36 months. 
‘‘(e) NOTIFICATION.—Upon denial of a grant to a law 
enforcement agency, the Administrator shall provide writ-
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ten notice to the Committee on Homeland Security of the 
House of Representatives and the Committee on Homeland 
Security and Governmental Affairs of the Senate, including 
the reasoning for such denial. 
‘‘(f) REPORT.—For each of fiscal years 2024 through 
2028 the Administrator shall submit to the Committee on 
Homeland Security of the House of Representatives and the 
Committee on Homeland Security and Governmental Af-
fairs of the Senate a report that contains— 
‘‘(1) information on the expenditure of grants 
made under this section by each grant recipient; and 
‘‘(2) recommendations for other uses of such 
grants to further support eligible law enforcement 
agencies. 
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $110,000,000 for each of fis-
cal years 2024 through 2028 for grants under this section.’’. 
(b) CONFORMING AMENDMENT.—Subsection (a) of sec-
tion 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.’’. 
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