Senate a certification that each database referred to in sub-
section (b) which the Secretary accessed or sought to access 
pursuant to this section met the standards described in sub-
section (b). 
SEC. 21. PROHIBITED IDENTIFICATION DOCUMENTS AT AIR-
PORT SECURITY CHECKPOINTS; NOTIFICA-
TION TO IMMIGRATION AGENCIES. 
(a) IN GENERAL.—The Administrator may not accept 
as valid proof of identification a prohibited identification 
document at an airport security checkpoint. 
(b) NOTIFICATION TO IMMIGRATION AGENCIES.—If an 
individual presents a prohibited identification document to 
an officer of the Transportation Security Administration 
at an airport security checkpoint, the Administrator shall 
promptly notify the Director of U.S. Immigration and Cus-
toms Enforcement, the Director of U.S. Customs and Border 
Protection, and the head of the appropriate local law en-
forcement 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-
VerDate Sep 11 2014 
22:22 May 05, 2023
Jkt 039200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6203
E:\BILLS\H2794.RH
H2794
pbinns on DSKJLVW7X2PROD with $$_JOB
ministrator may not permit such individual to enter 
a sterile area. 
(2) EXCEPTION.—An individual presenting a 
prohibited identification document under this section 
may enter a sterile area if the individual— 
(A) is leaving the United States for the pur-
poses of removal or deportation; or 
(B) presents a covered identification docu-
ment. 
(d) COLLECTION OF BIOMETRIC INFORMATION FROM 
CERTAIN INDIVIDUALS SEEKING ENTRY INTO THE STERILE 
AREA OF AN AIRPORT.—Beginning not later than 120 days 
after the date of the enactment of this Act, the Adminis-
trator shall collect biometric information from an indi-
vidual described in subsection (e) prior to authorizing such 
individual to enter into a sterile area. 
(e) INDIVIDUAL DESCRIBED.—An individual described 
in this subsection is an individual who— 
(1) is seeking entry into the sterile area of an 
airport; 
(2) does not present a covered identification doc-
ument; and 
(3) the Administrator cannot verify is a national 
of the United States. 
VerDate Sep 11 2014 
22:22 May 05, 2023
Jkt 039200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6203
E:\BILLS\H2794.RH
H2794
pbinns on DSKJLVW7X2PROD with $$_JOB
(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, 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. 
VerDate Sep 11 2014 
22:22 May 05, 2023
Jkt 039200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6203
E:\BILLS\H2794.RH
H2794
pbinns on DSKJLVW7X2PROD with $$_JOB
(3) COVERED IDENTIFICATION DOCUMENT.—The 
term ‘‘covered identification document’’ means any of 
the following, if the document is valid and unexpired: 
(A) A United States passport or passport 
card. 
(B) A biometrically secure card issued by a 
trusted traveler program of the Department of 
Homeland Security, including— 
(i) Global Entry; 
(ii) Nexus; 
(iii) Secure Electronic Network for 
Travelers Rapid Inspection (SENTRI); and 
(iv) Free and Secure Trade (FAST). 
(C) An identification card issued by the De-
partment of Defense, including such a card 
issued to a dependent. 
(D) Any document required for admission 
to the United States under section 211(a) of the 
Immigration and Nationality Act (8 U.S.C. 
1181(a)). 
(E) An enhanced driver’s license issued by 
a State. 
(F) A photo identification card issued by a 
federally recognized Indian Tribe. 
VerDate Sep 11 2014 
22:22 May 05, 2023
Jkt 039200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6203
E:\BILLS\H2794.RH
H2794
pbinns on DSKJLVW7X2PROD with $$_JOB
(G) A personal identity verification creden-
tial issued in accordance with Homeland Secu-
rity Presidential Directive 12. 
(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 Identification 
Credential. 
(K) A Merchant Mariner Credential issued 
by the Coast Guard. 
(L) A Veteran Health Identification Card 
issued by the Department of Veterans Affairs. 
(M) 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 section 
101 of the Immigration and Nationality Act (8 
U.S.C. 1101). 
(5) PROHIBITED IDENTIFICATION DOCUMENT.— 
The term ‘‘prohibited identification document’’ means 
VerDate Sep 11 2014 
22:22 May 05, 2023
Jkt 039200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6203
E:\BILLS\H2794.RH
H2794
pbinns on DSKJLVW7X2PROD with $$_JOB
any of the following (or any applicable successor 
form): 
(A) U.S. Immigration and Customs En-
forcement Form I–200, Warrant for Arrest of 
Alien. 
(B) U.S. Immigration and Customs En-
forcement Form I–205, Warrant of Removal/De-
portation. 
(C) U.S. Immigration and Customs En-
forcement Form I–220A, Order of Release on Re-
cognizance. 
(D) U.S. Immigration and Customs En-
forcement Form I–220B, Order of Supervision. 
(E) Department of Homeland Security 
Form I–862, Notice to Appear. 
(F) U.S. Customs and Border Protection 
Form I–94, Arrival/Departure Record (including 
a print-out of an electronic record). 
(G) Department of Homeland Security 
Form I–385, Notice to Report. 
(H) Any document that directs an indi-
vidual to report to the Department of Homeland 
Security. 
VerDate Sep 11 2014 
22:22 May 05, 2023
Jkt 039200
PO 00000
Frm 00061
Fmt 6652
Sfmt 6203
E:\BILLS\H2794.RH
H2794
pbinns on DSKJLVW7X2PROD with $$_JOB
(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 successor reg-
ulation. 
SEC. 22. PROHIBITION AGAINST ANY COVID–19 VACCINE 
MANDATE OR ADVERSE ACTION AGAINST DHS 
EMPLOYEES. 
(a) LIMITATION ON IMPOSITION OF NEW MANDATE.— 
The Secretary may not issue any COVID–19 vaccine man-
date 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 employee 
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 Rep-
resentatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate on the following: 
(1) The number of Department employees who 
were terminated or resigned due to the COVID–19 
vaccine mandate. 
VerDate Sep 11 2014 
22:22 May 05, 2023
Jkt 039200
PO 00000
Frm 00062
Fmt 6652
Sfmt 6203
E:\BILLS\H2794.RH
H2794
pbinns on DSKJLVW7X2PROD with $$_JOB
(2) An estimate of the cost to reinstate such em-
ployees. 
(3) How the Department would effectuate rein-
statement of such employees. 
(d) 
RETENTION
AND
DEVELOPMENT
OF 
UNVACCINATED EMPLOYEES.—The Secretary shall make 
every effort to retain Department employees who are not 
vaccinated against COVID–19 and provide such employees 
with professional development, promotion and leadership 
opportunities, and consideration equal to that of their peers. 
SEC. 23. CBP ONE APP LIMITATION. 
(a) LIMITATION.—The Department may use the CBP 
One Mobile Application or any other similar program, ap-
plication, internet-based portal, website, device, or initia-
tive only for inspection of perishable cargo. 
(b) REPORT.—Not later than 60 days after the date 
of the enactment of this section, the Commissioner shall re-
port to the Committee on Homeland Security of the House 
of Representatives and the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate the date on 
which CBP began using CBP One to allow aliens to sched-
ule interviews at land ports of entry, how many aliens have 
scheduled interviews at land ports of entry using CBP One, 
the nationalities of such aliens, and the stated final destina-
tions of such aliens within the United States, if any. 
VerDate Sep 11 2014 
22:22 May 05, 2023
Jkt 039200
PO 00000
Frm 00063
Fmt 6652
Sfmt 6203
E:\BILLS\H2794.RH
H2794
pbinns on DSKJLVW7X2PROD with $$_JOB
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 Mexican 
drug cartel described in paragraph (2) meets the cri-
teria for designation as a 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. 
(G) Las Moicas. 
(H) Los Caballeros Templarios. 
(I) Beltran-Leyva Organization. 
(J) Los Rojos. 
(K) La Familia Michoacana. 
(b) DEFINITIONS.—In this section: 
VerDate Sep 11 2014 
22:22 May 05, 2023
Jkt 039200
PO 00000
Frm 00064
Fmt 6652
Sfmt 6203
E:\BILLS\H2794.RH
H2794
pbinns on DSKJLVW7X2PROD with $$_JOB
(1) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional commit-
tees’’ means— 
(A) the Committee on Foreign Affairs, the 
Committee on Homeland Security, and the Com-
mittee on the Judiciary of the House of Rep-
resentatives; and 
(B) the Committee on Foreign Relations, 
the Committee on Homeland Security and Gov-
ernmental Affairs, and the Committee on the Ju-
diciary of the Senate. 
(2) FOREIGN
TERRORIST
ORGANIZATION.—The 
term ‘‘foreign terrorist organization’’ means an orga-
nization described in section 219 of the Immigration 
and Nationality Act (8 U.S.C. 1189). 
(c) RULE OF CONSTRUCTION.—Nothing in this section 
may be construed to expand the eligibility for asylum of 
any alien by reason of the designation of a drug cartel as 
a foreign terrorist organization. 
SEC. 25. GAO STUDY ON COSTS INCURRED BY STATES TO 
SECURE THE SOUTHWEST BORDER. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall conduct a study to examine the 
costs incurred by individual States as a result of actions 
VerDate Sep 11 2014 
22:22 May 05, 2023
Jkt 039200
PO 00000
Frm 00065
Fmt 6652
Sfmt 6203
E:\BILLS\H2794.RH
H2794
pbinns on DSKJLVW7X2PROD with $$_JOB
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 subsection 
(a) shall include consideration of the following: 
(1) Actions taken by the Department of Home-
land Security that have contributed to costs described 
in such subsection incurred by States to secure the 
border in the absence of Federal action, including the 
termination of the Migrant Protection Protocols and 
cancellation of border wall construction. 
(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. 
SEC. 26. REPORT BY INSPECTOR GENERAL OF THE DEPART-
MENT 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 Home-
land Security shall submit to the Committee on Homeland 
Security of the House of Representatives and the Committee 
VerDate Sep 11 2014 
22:22 May 05, 2023
Jkt 039200
PO 00000
Frm 00066
Fmt 6652
Sfmt 6203
E:\BILLS\H2794.RH
H2794
pbinns on DSKJLVW7X2PROD with $$_JOB