I 
118TH CONGRESS 
1ST SESSION H. R. 3599 
To reform the immigration laws. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 23, 2023 
Ms. SALAZAR (for herself, Ms. ESCOBAR, Mrs. GONZA´LEZ-COLO´N, Ms. 
SCHOLTEN, Mrs. CHAVEZ-DEREMER, Ms. MANNING, Mr. LAWLER, and 
Mr. ESPAILLAT) introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Committees on Home-
land Security, Ways and Means, Agriculture, Transportation and Infra-
structure, the Budget, Education and the Workforce, Foreign Affairs, 
Oversight and Accountability, Intelligence (Permanent Select), Financial 
Services, and Armed Services, for a period to be subsequently determined 
by the Speaker, in each case for consideration of such provisions as fall 
within the jurisdiction of the committee concerned 
A BILL 
To reform the immigration laws. 
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 
‘‘Dignity for Immigrants while Guarding our Nation to Ig-
nite and Deliver the American Dream Act of 2023’’ or 
as the ‘‘DIGNIDAD (Dignity) Act of 2023’’. 
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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. 
DIVISION A—BORDER SECURITY FOR AMERICA ACT 
Sec. 1100. Short title. 
TITLE I—BORDER SECURITY 
Sec. 1101. Definitions. 
Subtitle A—Infrastructure and Equipment 
Sec. 1111. Strengthening the requirements for barriers along the southern bor-
der. 
Sec. 1112. Air and Marine Operations flight hours. 
Sec. 1113. Border security technology program management. 
Sec. 1114. Landowner and rancher security enhancement. 
Sec. 1115. Eradication of carrizo cane and salt cedar. 
Sec. 1116. Southern border threat analysis, Border Patrol strategic plan, and 
Northern Border Threat Analysis. 
Sec. 1117. Amendments to U.S. Customs and Border Protection. 
Sec. 1118. Agent and officer technology use. 
Sec. 1119. Tunnel Task Forces. 
Sec. 1120. Pilot program on use of electromagnetic spectrum in support of bor-
der security operations. 
Sec. 1121. Foreign migration assistance. 
Sec. 1122. Biometric Identification Transnational Migration Alert Program. 
Sec. 1123. Border and port security technology investment plan. 
Sec. 1124. Commercial solutions opening acquisition program. 
Sec. 1125. U.S. Customs and Border Protection technology upgrades. 
Sec. 1126. Nonintrusive inspection operations. 
Sec. 1127. Homeland Security Investigations Innovation Lab. 
Sec. 1128. Report on standards and guidelines for managing ports of entry 
under the control of the department of homeland security. 
Subtitle B—Personnel 
Sec. 1141. Additional U.S. Customs and Border Protection personnel. 
Sec. 1142. U.S. Customs and Border Protection retention incentives. 
Sec. 1143. Anti-Border Corruption Act Reauthorization. 
Sec. 1144. Training for officers and agents of U.S. Customs and Border Pro-
tection. 
Sec. 1145. Establishment of workload staffing models for U.S. Border Patrol 
and Air and Marine Operations of CBP. 
Sec. 1146. U.S. border patrol processing coordinator positions. 
Sec. 1147. Establishment of higher minimum rates of pay for United States 
border patrol agents. 
Sec. 1148. Body Worn Camera Pilot Program Authorization. 
Sec. 1149. Protecting sensitive locations. 
Subtitle C—Grants 
Sec. 1161. Operation Stonegarden. 
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Sec. 1162. Program for shelter and services. 
Subtitle D—Border Security Certification 
Sec. 1181. Border Security Certification. 
TITLE II—BORDER SECURITY AND PORTS OF ENTRY 
INFRASTRUCTURE FUNDING 
Subtitle A—Emergency Port of Entry Personnel and Infrastructure Funding 
Sec. 1201. Ports of entry infrastructure. 
Sec. 1202. Sense of Congress on cooperation between agencies. 
Sec. 1203. Authorization of appropriations. 
Subtitle B—Border Security Funding 
Sec. 1211. Border Security Funding. 
Sec. 1212. Exclusion from PAYGO scorecards. 
Sec. 1213. Funding matters. 
TITLE III—VISA SECURITY AND INTEGRITY 
Sec. 1301. Visa security. 
Sec. 1302. Electronic passport screening and biometric matching. 
Sec. 1303. Reporting of visa overstays. 
Sec. 1304. Student and exchange visitor information system verification. 
Sec. 1305. Visa information sharing. 
Sec. 1306. Fraud prevention. 
Sec. 1307. Visa ineligibility for spouses and children of drug traffickers. 
Sec. 1308. DNA testing. 
Sec. 1309. DNA collection consistent with Federal law. 
TITLE IV—TRANSNATIONAL CRIMINAL ORGANIZATION 
PREVENTION AND ELIMINATION 
Sec. 1401. Short title. 
Sec. 1402. Illicit spotting. 
Sec. 1403. Unlawfully hindering immigration, border, and customs controls. 
Sec. 1404. Report on smuggling. 
Sec. 1405. Sarah’s law. 
Sec. 1406. Illegal reentry. 
Sec. 1407. Grounds of inadmissibility and deportability for alien gang members. 
Sec. 1408. Mandatory minimum penalty for child sex trafficking. 
Sec. 1409. Designation of certain drug cartels as Special Transnational Crimi-
nal Organization. 
TITLE V—MANDATORY E-VERIFY 
Sec. 1501. Short title. 
Sec. 1502. Employment eligibility verification process. 
Sec. 1503. Employment eligibility verification system. 
Sec. 1504. Recruitment, referral, and continuation of employment. 
Sec. 1505. Good faith defense. 
Sec. 1506. Preemption and States’ Rights. 
Sec. 1507. Repeal. 
Sec. 1508. Penalties. 
Sec. 1509. Fraud and misuse of documents. 
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Sec. 1510. Protection of Social Security Administration programs. 
Sec. 1511. Fraud prevention. 
Sec. 1512. Use of Employment Eligibility Verification Photo Tool. 
Sec. 1513. Identity authentication employment eligibility verification pilot pro-
grams. 
Sec. 1514. Inspector General audits. 
Sec. 1515. Nationwide E-Verify Audit. 
TITLE VI—ASYLUM REFORM 
Sec. 1601. Humanitarian campuses. 
Sec. 1602. Expedited Asylum Determinations. 
Sec. 1603. Screening and processing in Western hemisphere. 
Sec. 1604. Recording expedited removal and credible fear interviews. 
Sec. 1605. Renunciation of asylum status pursuant to return to home country. 
Sec. 1606. Notice concerning frivolous asylum applications. 
Sec. 1607. Anti-fraud investigative work product. 
Sec. 1608. Penalties for asylum fraud. 
Sec. 1609. Statute of limitations for asylum fraud. 
Sec. 1610. Standard operating procedures; facilities standards. 
Sec. 1611. Criminal background checks for sponsors of unaccompanied alien 
children. 
Sec. 1612. Fraud in connection with the transfer of custody of unaccompanied 
alien children. 
Sec. 1613. Hiring authority. 
Sec. 1614. Humanitarian status. 
Sec. 1615. Two strike policy. 
Sec. 1616. Loan forgiveness for legal service providers at humanitarian cam-
puses. 
TITLE VII—RULE OF LAW, SECURITY, AND ECONOMIC 
DEVELOPMENT IN CENTRAL AMERICA 
Subtitle A—Promoting the Rule of Law, Security, and Economic Development 
in Central America 
Sec. 1701. United States Strategy for Engagement in Central America. 
Sec. 1702. Securing support of international donors and partners. 
Sec. 1703. Combating corruption, strengthening the rule of law, and consoli-
dating democratic governance. 
Sec. 1704. Combating criminal violence and improving citizen security. 
Sec. 1705. Combating sexual, gender-based, and domestic violence. 
Subtitle B—Information Campaign on the Dangers of Irregular Migration 
Sec. 1711. Information campaign on dangers of irregular migration. 
Subtitle C—Cracking Down on Criminal Organizations 
Sec. 1721. Enhanced investigation and prosecution of human smuggling net-
works and trafficking organizations. 
Sec. 1722. Enhanced penalties for organized smuggling schemes. 
Sec. 1723. Expanding financial sanctions on narcotics trafficking and money 
laundering. 
Sec. 1724. Support for transnational anti-gang task forces for countering crimi-
nal gangs. 
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DIVISION B—AMERICAN DREAM AND PROMISE 
Sec. 21000. Short title. 
TITLE I—DREAM ACT 
Sec. 21001. Short title. 
Sec. 21002. Permanent resident status on a conditional basis for certain long- 
term residents who entered the United States as children. 
Sec. 21003. Terms of permanent resident status on a conditional basis. 
Sec. 21004. Removal of conditional basis of permanent resident status. 
Sec. 21005. Restoration of State option to determine residency for purposes of 
higher education benefits. 
TITLE II—AMERICAN PROMISE ACT 
Sec. 22001. Short title. 
Sec. 22002. Adjustment of status for certain nationals of certain countries des-
ignated for temporary protected status or deferred enforced de-
parture. 
Sec. 22003. Clarification. 
TITLE III—GENERAL PROVISIONS 
Sec. 23001. Definitions. 
Sec. 23002. Submission of biometric and biographic data; background checks. 
Sec. 23003. Limitation on removal; application and fee exemption; and other 
conditions on eligible individuals. 
Sec. 23004. Determination of continuous presence and residence. 
Sec. 23005. Exemption from numerical limitations. 
Sec. 23006. Availability of administrative and judicial review. 
Sec. 23007. Documentation requirements. 
Sec. 23008. Rulemaking. 
Sec. 23009. Confidentiality of information. 
Sec. 23010. Grant program to assist eligible applicants. 
Sec. 23011. Provisions affecting eligibility for adjustment of status. 
Sec. 23012. Supplementary surcharge for appointed counsel. 
Sec. 23013. Annual report on provisional denial authority. 
TITLE IV—DIGNITY AND REDEMPTION PROGRAMS 
Subtitle A—Dignity Program 
Sec. 24001. Establishment. 
Sec. 24002. Eligibility. 
Sec. 24003. Registration; departure. 
Sec. 24004. Program participation. 
Sec. 24005. Completion. 
Subtitle B—Redemption Program 
Sec. 24101. Establishment. 
Sec. 24102. Conditions. 
Sec. 24103. Completion and removal of conditional status. 
Subtitle C—Contribution to American Workers 
Sec. 24200. Purpose. 
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Sec. 24201. Availability of funds. 
Sec. 24202. Conforming amendments. 
PART 1—PROMOTING APPRENTICESHIPS THROUGH REGIONAL TRAINING 
NETWORKS 
Sec. 24301. Definitions. 
Sec. 24302. Allotments to States. 
Sec. 24303. Grants to partnerships. 
Sec. 24304. Use of funds. 
Sec. 24305. Performance and accountability. 
PART 2—HIGH-DEMAND CAREERS 
Sec. 24401. Grants for access to high-demand careers. 
DIVISION C—IMPROVING SEASONAL GUEST WORKER 
OPPORTUNITIES 
Sec. 31001. Short title. 
Sec. 31002. Definitions. 
Sec. 31003. H–2B cap relief. 
Sec. 31004. Increased sanctions for willful misrepresentation or failure to meet 
the requirements for petitioning for an H–2B worker. 
Sec. 31005. Reduction of paperwork burden. 
Sec. 31006. Workplace safety. 
Sec. 31007. Foreign labor recruiting; prohibition on fees. 
Sec. 31008. Program integrity measures. 
Sec. 31009. Program eligibility. 
Sec. 31010. H–2B employer notification requirement. 
Sec. 31011. Authorization of appropriations. 
DIVISION D—AMERICAN AGRICULTURE DOMINANCE ACT 
Sec. 41001. Short title. 
TITLE I—SECURING THE DOMESTIC AGRICULTURAL WORKFORCE 
Subtitle A—Status for Certified Agricultural Workers 
Sec. 41101. Certified agricultural worker status. 
Sec. 41102. Terms and conditions of certified status. 
Sec. 41103. Extensions of certified status. 
Sec. 41104. Determination of continuous presence. 
Sec. 41105. Employer obligations. 
Sec. 41106. Administrative and judicial review. 
Subtitle B—Optional Earned Residence for Long-Term Workers 
Sec. 41201. Optional adjustment of status for long-term agricultural workers. 
Sec. 41202. Payment of taxes. 
Sec. 41203. Adjudication and decision; review. 
Subtitle C—General Provisions 
Sec. 41301. Definitions. 
Sec. 41302. Rulemaking; fees. 
Sec. 41303. Background checks. 
Sec. 41304. Protection for children. 
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Sec. 41305. Limitation on removal. 
Sec. 41306. Documentation of agricultural work history. 
Sec. 41307. Employer protections. 
Sec. 41308. Correction of Social Security records; conforming amendments. 
Sec. 41309. Disclosures and privacy. 
Sec. 41310. Penalties for false statements in applications. 
Sec. 41311. Dissemination of information. 
Sec. 41312. Exemption from numerical limitations. 
Sec. 41313. Reports to Congress. 
Sec. 41314. Grant program to assist eligible applicants. 
Sec. 41315. Authorization of appropriations. 
TITLE II—ENSURING AN AGRICULTURAL WORKFORCE FOR THE 
FUTURE 
Subtitle A—Reforming the H–2A Worker Program 
Sec. 42101. Comprehensive and streamlined electronic H–2A platform. 
Sec. 42102. Agricultural labor or services. 
Sec. 42103. H–2A program requirements. 
Sec. 42104. Portable H–2A visa pilot program. 
Sec. 42105. Pilot program providing forestry employers the option of using the 
H–2A program or the H–2B program. 
DIVISION E—AMERICAN PROSPERITY AND COMPETITIVENESS 
Sec. 51001. Short title. 
TITLE I—PROTECTING THE FAMILY SYSTEM 
Subtitle A—American Families United Act 
Sec. 51101. Rule of construction. 
Sec. 51102. Discretionary authority with respect to family members of United 
States citizens. 
Sec. 51103. Motions to reopen or reconsider. 
Subtitle B—Temporary Family Visitation Act 
Sec. 51111. Family purpose nonimmigrant visas for relatives of United States 
citizens and lawful permanent residents seeking to enter the 
United States temporarily. 
Subtitle C—Spouses or Children of an Alien Lawfully Admitted for 
Permanent Residence Uncapped 
Sec. 51131. Spouses or children of an alien lawfully admitted for permanent 
residence. 
Sec. 51132. Preference Allocation for Family-Sponsored Immigrants. 
TITLE II—FAIRNESS FOR IMMIGRANTS 
Sec. 51201. Elimination of backlogs. 
Sec. 51202. Per-country caps raised. 
Sec. 51203. Protecting the status of children affected by delays in visa avail-
ability. 
Sec. 51204. Spouses and minor children not included in calculation. 
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TITLE III—IMPROVING EMPLOYMENT BASED VISAS 
Subtitle A—H–4 Work Authorization Act 
Sec. 51301. Employment authorization for certain alien spouses. 
Subtitle B—Improving Employment Based Visas 
Sec. 51311. Repeal of FICA exception for certain nonresidents temporarily 
present in the United States. 
Sec. 51312. Individuals with doctoral degrees in STEM fields recognized as in-
dividuals having extraordinary ability. 
TITLE IV—STUDENT VISAS 
Sec. 51401. Modernizing Visas for Students. 
TITLE V—SURGING RESOURCES TO EXPEDITE VISA PROCESSING 
Sec. 51501. Surging Resources to Expedite Visa Processing. 
DIVISION A—BORDER SECURITY 
FOR AMERICA ACT 
SEC. 1100. SHORT TITLE. 
This division may be cited as the ‘‘Border Security 
for America Act’’. 
TITLE I—BORDER SECURITY 
SEC. 1101. DEFINITIONS. 
In this title: 
(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) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means the Commissioner of U.S. Customs 
and Border Protection. 
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(3) HIGH
TRAFFIC
AREAS.—The term ‘‘high 
traffic areas’’ has the meaning given such term in 
section 102(e)(1) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996, as 
amended by section 1111 of this division. 
(4) OPERATIONAL
ADVANTAGE.—The term 
‘‘operational advantage’’ has the meaning given such 
term in the 2022–2026 U.S. Border Patrol Strategy 
(CBP Publication No. 1678–0222). 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
(6) 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)). 
(7) SMALL UNMANNED AERIAL VEHICLE.—The 
term ‘‘small unmanned aerial vehicle’’ has the mean-
ing given the term ‘‘small unmanned aircraft’’ in 
section 331 of the FAA Modernization and Reform 
Act of 2012 (Public Law 112–95; 49 U.S.C. 40101 
note). 
(8) TRANSIT ZONE.—The term ‘‘transit zone’’ 
has the meaning given such term in section 
1092(a)(8) of the National Defense Authorization 
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Act for Fiscal Year 2017 (Public Law 114–328; 6 
U.S.C. 223(a)(7)). 
(9) UNMANNED
AERIAL
SYSTEM.—The term 
‘‘unmanned aerial system’’ has the meaning given 
the term ‘‘unmanned aircraft system’’ in section 331 
of the FAA Modernization and Reform Act of 2012 
(Public Law 112–95; 49 U.S.C. 40101 note). 
(10) UNMANNED AERIAL VEHICLE.—The term 
‘‘unmanned aerial vehicle’’ has the meaning given 
the term ‘‘unmanned aircraft’’ in section 331 of the 
FAA Modernization and Reform Act of 2012 (Public 
Law 112–95; 49 U.S.C. 40101 note). 
Subtitle A—Infrastructure and 
Equipment 
SEC. 1111. STRENGTHENING THE REQUIREMENTS FOR BAR-
RIERS ALONG THE SOUTHERN BORDER. 
Section 102 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (Division C of Pub-
lic Law 104–208; 8 U.S.C. 1103 note) is amended— 
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a) IN GENERAL.—The Secretary of Homeland Se-
curity shall take such actions as may be necessary (includ-
ing the removal of obstacles to detection of illegal en-
trants) to design, test, construct, install, deploy, integrate, 
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and operate physical barriers, tactical infrastructure, and 
technology in the vicinity of the United States border to 
achieve situational awareness and operational advantage 
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 
out this section, shall deploy along the United 
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States border the most practical and effective 
physical barriers and tactical infrastructure 
available for achieving situational awareness 
and operational advantage 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; 
(bb) by amending subclause 
(II) to read as follows: 
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‘‘(II) delay the transfer to the 
United States of the possession of 
property or affect the validity of any 
property acquisition by the United 
States by purchase or eminent do-
main, or to otherwise affect the emi-
nent domain laws of the United States 
or of any State; or’’; and 
(cc) by adding at the end 
the following new subclause: 
‘‘(III) create any right or liability 
for any party.’’; and 
(iv) by striking subparagraph (D); 
(C) in paragraph (2)— 
(i) by striking ‘‘Attorney General’’ 
and inserting ‘‘Secretary of Homeland Se-
curity’’; 
(ii) by striking ‘‘this subsection’’ and 
inserting ‘‘this section’’; and 
(iii) by striking ‘‘construction of 
fences’’ and inserting ‘‘the construction of 
physical barriers’’; 
(D) by amending paragraph (3) to read as 
follows: 
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‘‘(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-
lation, deployment, integration, and operation of the 
physical barriers, tactical infrastructure, and tech-
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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-
nology available for achieving situational awareness and 
operational advantage of the border. 
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‘‘(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
ADVANTAGE.—The term 
‘operational advantage’ has the meaning given such 
term in the 2022–2026 U.S. Border Patrol Strategy 
(CBP Publication No. 1678–0222). 
‘‘(4) PHYSICAL BARRIERS.—The term ‘physical 
barriers’ includes reinforced fencing, border barrier 
system, and levee walls. 
‘‘(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) 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. 
‘‘(H) Other border detection, communica-
tion, and surveillance technology. 
‘‘(8) UNMANNED AIRCRAFT SYSTEM.—The term 
‘unmanned aircraft system’ has the meaning given 
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such term in section 44801 of title 49, United 
States Code.’’. 
SEC. 1112. AIR AND MARINE OPERATIONS FLIGHT HOURS. 
(a) 
AIR
AND
MARINE
OPERATIONS
FLIGHT 
HOURS.—The Secretary shall ensure that not fewer than 
95,000 annual flight hours are carried out by Air and Ma-
rine Operations of CBP. 
(b) UNMANNED
AIRCRAFT
SYSTEMS.—The Sec-
retary, after coordination with the Administrator of the 
Federal Aviation Administration, shall ensure that Air and 
Marine Operations operate unmanned aircraft systems on 
the southern border of the United States for not less than 
24 hours per day for 7 days per week. 
(c) PRIMARY MISSIONS.—The Commissioner shall 
ensure that— 
(1) the primary missions for Air and Marine 
Operations are to directly support— 
(A) U.S. Border Patrol activities along the 
borders of the United States; and 
(B) Joint Interagency Task Force South 
operations in the transit zone; and 
(2) the Executive Assistant Commissioner of 
Air and Marine Operations assigns the greatest pri-
ority to support missions outlined under paragraph 
(1). 
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(d) HIGH
DEMAND
FLIGHT
HOUR
REQUIRE-
MENTS.—The Commissioner shall ensure that U.S. Bor-
der Patrol Sector Chiefs— 
(1) identify air support mission-critical hours; 
and 
(2) direct Air and Marine Operations to sup-
port requests from Sector Chiefs as their primary 
mission. 
(e) CONTRACT AIR SUPPORT AUTHORIZATIONS.— 
The Commissioner shall contract for the unfulfilled air 
support mission-critical hours, as identified pursuant to 
subsection (d). 
(f) SMALL UNMANNED AIRCRAFT SYSTEMS.— 
(1) IN GENERAL.—The Chief of the U.S. Bor-
der Patrol shall be the executive agent with respect 
to the use of small unmanned aircraft systems by 
CBP for the purpose of— 
(A) meeting the unmet flight hour oper-
ational requirements of the U.S. Border Patrol; 
and 
(B) achieving situational awareness and 
operational advantage. 
(2) COORDINATION.—In carrying out para-
graph (1), the Chief of the U.S. Border Patrol shall 
coordinate— 
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(A) flight operations with the Adminis-
trator of the Federal Aviation Administration to 
ensure the safe and efficient operation of the 
National Airspace System; and 
(B) with the Executive Assistant Commis-
sioner for Air and Marine Operations of CBP 
to— 
(i) ensure the safety of other CBP 
aircraft flying in the vicinity of small un-
manned aircraft systems operated by the 
U.S. Border Patrol; and 
(ii) establish a process to include data 
from flight hours in the calculation of got 
away statistics. 
(3) CONFORMING AMENDMENT.—Paragraph (3) 
of section 411(e) of the Homeland Security Act of 
2002 (6 U.S.C. 211(e)) is amended— 
(A) in subparagraph (B), by striking 
‘‘and’’ after the semicolon at the end; 
(B) by redesignating subparagraph (C) as 
subparagraph (D); and 
(C) by inserting after subparagraph (B) 
the following new subparagraph: 
‘‘(C) carry out the small unmanned air-
craft system (as such term is defined in section 
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44801 of title 49, United States Code) require-
ments pursuant to subsection (f) of section 
1113 of the Border Security for America Act; 
and’’. 
(g) SAVINGS CLAUSE.—Nothing in this section shall 
confer, transfer, or delegate to the Secretary, the Commis-
sioner, the Executive Assistant Commissioner for Air and 
Marine Operations of CBP, or the Chief of the U.S. Bor-
der Patrol any authority of the Secretary of Transpor-
tation or the Administrator of the Federal Aviation Ad-
ministration relating to the use of airspace or aviation 
safety. 
(h) DEFINITIONS.—In this section: 
(1) GOT AWAY.—The term ‘‘got away’’ has the 
meaning given such term in section 1092(a)(3) of 
the National Defense Authorization Act for Fiscal 
Year 2017 (Public Law 114–328; 6 U.S.C. 
223(a)(3)). 
(2) TRANSIT ZONE.—The term ‘‘transit zone’’ 
has the meaning given such term in section 
1092(a)(8) of the National Defense Authorization 
Act for Fiscal Year 2017 (Public Law 114–328; 6 
U.S.C. 223(a)(8)). 
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SEC. 1113. BORDER SECURITY TECHNOLOGY PROGRAM 
MANAGEMENT. 
(a) IN GENERAL.—Subtitle C of title IV of the 
Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) 
is amended by adding at the end the following new section: 
‘‘SEC. 437. BORDER SECURITY TECHNOLOGY PROGRAM 
MANAGEMENT. 
‘‘(a) MAJOR ACQUISITION PROGRAM DEFINED.—In 
this section, the term ‘major acquisition program’ means 
an acquisition program of the Department that is esti-
mated by the Secretary to require an eventual total ex-
penditure of at least $300,000,000 (based on fiscal year 
2023 constant dollars) over its life-cycle cost. 
‘‘(b) PLANNING DOCUMENTATION.—For each border 
security technology acquisition program of the Depart-
ment that is determined to be a major acquisition pro-
gram, the Secretary shall— 
‘‘(1) ensure that each such program has a writ-
ten acquisition program baseline approved by the 
relevant acquisition decision authority; 
‘‘(2) document that each such program is satis-
fying cost, schedule, and performance thresholds as 
specified in such baseline, in compliance with rel-
evant departmental acquisition policies and the Fed-
eral Acquisition Regulation; and 
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‘‘(3) have a plan for satisfying program imple-
mentation objectives by managing contractor per-
formance. 
‘‘(c) ADHERENCE TO STANDARDS.—The Secretary, 
acting through the Under Secretary for Management and 
the Commissioner of U.S. Customs and Border Protection, 
shall ensure border security technology acquisition pro-
gram managers who are responsible for carrying out this 
section adhere to relevant internal control standards iden-
tified by the Comptroller General of the United States. 
The Commissioner shall provide information, as needed, 
to assist the Under Secretary in monitoring management 
of border security technology acquisition programs under 
this section. 
‘‘(d) PLAN.—The Secretary, acting through the 
Under Secretary for Management, in coordination with 
the Under Secretary for Science and Technology and the 
Commissioner of U.S. Customs and Border Protection, 
shall submit to the Committee on Homeland Security of 
the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Sen-
ate a plan for testing, evaluating, and using independent 
verification and validation of resources relating to the pro-
posed acquisition of border security technology. Under 
such plan, the proposed acquisition of new border security 
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technologies shall be evaluated through a series of assess-
ments, processes, and audits to ensure— 
‘‘(1) compliance with relevant departmental ac-
quisition policies and the Federal Acquisition Regu-
lation; and 
‘‘(2) the effective use of taxpayer dollars.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 is 
amended by striking the items relating to sections 435 and 
436 and inserting the following new items: 
‘‘Sec. 435. Maritime operations coordination plan. 
‘‘Sec. 436. Maritime security capabilities assessments. 
‘‘Sec. 437. Border security technology program management.’’. 
(c) PROHIBITION ON ADDITIONAL AUTHORIZATION 
OF APPROPRIATIONS.—No additional funds are author-
ized to be appropriated to carry out section 437 of the 
Homeland Security Act of 2002, as added by subsection 
(a). 
SEC. 1114. LANDOWNER AND RANCHER SECURITY EN-
HANCEMENT. 
(a) ESTABLISHMENT OF NATIONAL BORDER SECU-
RITY ADVISORY COMMITTEE.—The Secretary shall estab-
lish a National Border Security Advisory Committee, 
which— 
(1) may advise, consult with, report to, and 
make recommendations to the Secretary on matters 
relating to border security matters, including— 
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(A) verifying security claims and the bor-
der security metrics established by the Depart-
ment of Homeland Security under section 1092 
of the National Defense Authorization Act for 
Fiscal Year 2017 (Public Law 114–328; 6 
U.S.C. 223); and 
(B) discussing ways to improve the secu-
rity of high traffic areas along the northern 
border and the southern border; and 
(2) may provide, through the Secretary, rec-
ommendations to Congress. 
(b) CONSIDERATION OF VIEWS.—The Secretary shall 
consider the information, advice, and recommendations of 
the National Border Security Advisory Committee in for-
mulating policy regarding matters affecting border secu-
rity. 
(c) MEMBERSHIP.—The National Border Security 
Advisory Committee shall consist of at least one member 
from each State who— 
(1) has at least five years practical experience 
in border security operations; or 
(2) lives and works in the United States within 
80 miles from the southern border or the northern 
border. 
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(d) NONAPPLICABILITY
OF
FEDERAL
ADVISORY 
COMMITTEE ACT.—The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the National Border 
Security Advisory Committee. 
SEC. 1115. ERADICATION OF CARRIZO CANE AND SALT 
CEDAR. 
(a) IN GENERAL.—The Secretary, in coordination 
with the heads of the relevant Federal, State, and local 
agencies, shall begin eradicating the carrizo cane plant 
and any salt cedar along the Rio Grande River that im-
pedes border security operations. 
(b) EXTENT.—The waiver authority under subsection 
(c) of section 102 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 
note), as amended by section 1111 of this Act, shall extend 
to activities carried out pursuant to subsection (a). 
SEC. 1116. SOUTHERN BORDER THREAT ANALYSIS, BORDER 
PATROL STRATEGIC PLAN, AND NORTHERN 
BORDER THREAT ANALYSIS. 
(a) SOUTHER BORDER THREAT ANALYSIS.— 
(1) REQUIREMENT.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary shall submit to the Committee on Homeland 
Security of the House of Representatives and the 
Committee on Homeland Security and Governmental 
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Affairs of the Senate a Southern border threat anal-
ysis. 
(2) CONTENTS.—The analysis submitted under 
paragraph (1) shall include an assessment of— 
(A) current and potential terrorism and 
criminal threats posed by individuals and orga-
nized groups seeking— 
(i) to unlawfully enter the United 
States through the Southern border; or 
(ii) to exploit security vulnerabilities 
along the Southern border; 
(B) improvements needed at and between 
ports of entry along the Southern border to pre-
vent terrorists and instruments of terror from 
entering the United States; 
(C) gaps in law, policy, and coordination 
between State, local, or tribal law enforcement, 
international agreements, or tribal agreements 
that hinder effective and efficient border secu-
rity, counterterrorism, and anti-human smug-
gling and trafficking efforts; 
(D) the current percentage of situational 
awareness achieved by the Department along 
the Southern border; 
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(E) the current percentage of operational 
advantage achieved by the Department on the 
Southern border; and 
(F) traveler crossing times and any poten-
tial security vulnerability associated with pro-
longed wait times. 
(3) ANALYSIS
REQUIREMENTS.—In compiling 
the Southern border threat analysis required under 
this subsection, the Secretary shall consider and ex-
amine— 
(A) the technology needs and challenges, 
including such needs and challenges identified 
as a result of previous investments that have 
not fully realized the security and operational 
benefits that were sought; 
(B) the personnel needs and challenges, in-
cluding such needs and challenges associated 
with recruitment and hiring; 
(C) the infrastructure needs and chal-
lenges; 
(D) the roles and authorities of State, 
local, and tribal law enforcement in general bor-
der security activities; 
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(E) the status of coordination among Fed-
eral, State, local, tribal, and Mexican law en-
forcement entities relating to border security; 
(F) the terrain, population density, and cli-
mate along the Southern border; and 
(G) the international agreements between 
the United States and Mexico related to border 
security. 
(4) CLASSIFIED FORM.—To the extent possible, 
the Secretary shall submit the Southern border 
threat analysis required under this subsection in un-
classified form, but may submit a portion of the 
threat analysis in classified form if the Secretary de-
termines such action is appropriate. 
(b) IN GENERAL.—Not later than one year after the 
date of enactment of this section and every 2 years there-
after, the Secretary, acting through the Chief of the U.S. 
Border Patrol, shall issue a Border Patrol Strategic Plan 
(referred to in this section as the ‘‘plan’’) to enhance the 
security of the international borders of the United States. 
(c) ELEMENTS.—The plan shall include the following: 
(1) A consideration of Border Patrol Capability 
Gap Analysis reporting, Border Security Improve-
ment Plans, and any other strategic document au-
thored by the U.S. Border Patrol to address security 
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gaps with respect to ports of entry, including efforts 
to mitigate threats identified in such analyses, plans, 
and documents. 
(2) Information relating to the dissemination of 
information relating to border security or border 
threats with respect to the efforts of the Department 
and other appropriate Federal agencies. 
(3) Information relating to efforts by U.S. Bor-
der Patrol to— 
(A) increase situational awareness, includ-
ing— 
(i) surveillance capabilities, such as 
capabilities developed or utilized by the 
Department of Defense, and any appro-
priate technology determined to be excess 
by the Department of Defense; and 
(ii) the use of manned aircraft and 
unmanned aircraft systems; 
(B) detect and prevent terrorists and in-
struments of terrorism from entering the 
United States; 
(C) detect, interdict, and disrupt human 
smuggling, human trafficking, drug trafficking 
and other illicit cross-border activity; 
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(D) focus intelligence collection to disrupt 
transnational criminal organizations outside of 
the international and maritime borders of the 
United States; and 
(E) ensure that any new border security 
technology can be operationally integrated with 
existing technologies in use by the Department. 
(4) Information relating to initiatives of the De-
partment with respect to operational coordination, 
including any relevant task forces of the Depart-
ment. 
(5) Information gathered from the lessons 
learned by the deployments of the National Guard to 
the southern border of the United States. 
(6) A description of cooperative agreements re-
lating to information sharing with State, local, Trib-
al, territorial, and other Federal law enforcement 
agencies that have jurisdiction on the border. 
(7) Information relating to border security in-
formation received from— 
(A) State, local, Tribal, territorial, and 
other Federal law enforcement agencies that 
have jurisdiction on the border or in the mari-
time environment; and 
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(B) border community stakeholders, in-
cluding representatives from— 
(i) border agricultural and ranching 
organizations; and 
(ii) business and civic organizations. 
(8) Information relating to the staffing require-
ments with respect to border security for the De-
partment. 
(9) A prioritized list of Department research 
and development objectives to enhance the security 
of the southern border. 
(10) An assessment of training programs, in-
cluding such programs relating to— 
(A) identifying and detecting fraudulent 
documents; 
(B) understanding the scope of CBP en-
forcement authorities and appropriate use of 
force policies; and 
(C) screening, identifying, and addressing 
vulnerable populations, such as children and 
victims of human trafficking. 
(d) NORTHERN BORDER THREAT ANALYSIS.—Not 
later than 180 days after the date of the enactment of 
this Act, the Secretary shall submit to the Committee on 
Homeland Security of the House of Representatives and 
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the Committee on Homeland Security and Governmental 
Affairs of the Senate an update of the Northern Border 
Threat Analysis as required in the Northern Border Secu-
rity Review Act (Public Law 114–267). 
SEC. 1117. AMENDMENTS TO U.S. CUSTOMS AND BORDER 
PROTECTION. 
(a) DUTIES.—Subsection (c) of section 411 of the 
Homeland Security Act of 2002 (6 U.S.C. 211) is amend-
ed— 
(1) in paragraph (18), by striking ‘‘and’’ after 
the semicolon at the end; 
(2) by redesignating paragraph (19) as para-
graph (22); and 
(3) by inserting after paragraph (18) the fol-
lowing new paragraphs: 
‘‘(19) administer the U.S. Customs and Border 
Protection public private partnerships under subtitle 
G; 
‘‘(20) administer preclearance operations under 
the Preclearance Authorization Act of 2015 (19 
U.S.C. 4431 et seq.; enacted as subtitle B of title 
VIII of the Trade Facilitation and Trade Enforce-
ment Act of 2015; 19 U.S.C. 4301 et seq.); 
‘‘(21) authorize preclearance operations under 
the Preclearance Authorization act of 2015 (19 
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U.S.C. 4431 et seq.; enacted as subtitle B of title 
VIII of the Trade Facilitation and Trade Enforce-
ment Act of 2015; 19 U.S.C. 4301 et seq.) to be 
conducted at land ports of entry; and’’. 
(b) OFFICE
OF FIELD OPERATIONS STAFFING.— 
Subparagraph (A) of section 411(g)(5) of the Homeland 
Security Act of 2002 (6 U.S.C. 211(g)(5)) is amended by 
inserting before the period at the end the following: ‘‘com-
pared to the number indicated by the current fiscal year 
work flow staffing model’’. 
(c) IMPLEMENTATION PLAN.—Subparagraph (B) of 
section 814(e)(1) of the Preclearance Authorization Act 
of 2015 (19 U.S.C. 4433(e)(1); enacted as subtitle B of 
title VIII of the Trade Facilitation and Trade Enforce-
ment Act of 2015; 19 U.S.C. 4301 et seq.) is amended 
to read as follows: 
‘‘(B) a port of entry vacancy rate which 
compares the number of officers identified in 
subparagraph (A) with the number of officers 
at the port at which such officer is currently as-
signed.’’. 
(d) DEFINITION.—Subsection (r) of section 411 of 
the Homeland Security Act of 2002 (6 U.S.C. 211) is 
amended— 
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(1) by striking ‘‘this section, the terms’’ and in-
serting the following: ‘‘this section: 
‘‘(1) the terms’’; 
(2) in paragraph (1), as added by subparagraph 
(A), by striking the period at the end and inserting 
‘‘; and’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(2) the term ‘unmanned aerial systems’ has 
the meaning given the term ‘unmanned aircraft sys-
tem’ in section 331 of the FAA Modernization and 
Reform Act of 2012 (Public Law 112–95; 49 U.S.C. 
40101 note).’’. 
SEC. 1118. AGENT AND OFFICER TECHNOLOGY USE. 
In carrying out section 102 of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (as 
amended by section 1111 of this division) and section 
1113 of this division, the Secretary shall, to the greatest 
extent practicable, ensure that technology deployed to gain 
situational awareness and operational advantage of the 
border be provided to front-line officers and agents of the 
Department of Homeland Security. 
SEC. 1119. TUNNEL TASK FORCES. 
The Secretary is authorized to establish Tunnel Task 
Forces for the purposes of detecting and remediating tun-
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nels that breach the international border of the United 
States. 
SEC. 
1120. 
PILOT 
PROGRAM 
ON 
USE 
OF 
ELECTRO-
MAGNETIC SPECTRUM IN SUPPORT OF BOR-
DER SECURITY OPERATIONS. 
(a) IN GENERAL.—The Commissioner, in consulta-
tion with the Assistant Secretary of Commerce for Com-
munications and Information, shall conduct a pilot pro-
gram to test and evaluate the use of electromagnetic spec-
trum by U.S. Customs and Border Protection in support 
of border security operations through— 
(1) ongoing management and monitoring of 
spectrum to identify threats such as unauthorized 
spectrum use, and the jamming and hacking of 
United States communications assets, by persons en-
gaged in criminal enterprises; 
(2) automated spectrum management to enable 
greater efficiency and speed for U.S. Customs and 
Border Protection in addressing emerging challenges 
in overall spectrum use on the United States border; 
and 
(3) coordinated use of spectrum resources to 
better facilitate interoperability and interagency co-
operation and interdiction efforts at or near the 
United States border. 
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(b) REPORT TO CONGRESS.—Not later than 180 days 
after the conclusion of the pilot program conducted under 
subsection (a), the Commissioner shall submit to the Com-
mittee on Homeland Security and the Committee on En-
ergy and Commerce of the House of Representatives and 
the Committee on Homeland Security and Governmental 
Affairs and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the findings and 
data derived from such program. 
SEC. 1121. FOREIGN MIGRATION ASSISTANCE. 
(a) IN GENERAL.—Subtitle C of title IV of the 
Homeland Security Act of 2002 (6 U.S.C. 231 et seq.), 
as amended by sections 1115 and 1123 of this division, 
is further amended by adding at the end the following new 
section: 
‘‘SEC. 439. FOREIGN MIGRATION ASSISTANCE. 
‘‘(a) IN GENERAL.—The Secretary, with the concur-
rence of the Secretary of State, may provide to a foreign 
government financial assistance for foreign country oper-
ations to address migration flows that may affect the 
United States. 
‘‘(b) DETERMINATION.—Assistance provided under 
subsection (a) may be provided only if such assistance 
would enhance the recipient government’s capacity to ad-
dress irregular migration flows that may affect the United 
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States, including through related detention or removal op-
erations by the recipient government, including procedures 
to screen and provide protection for certain individuals. 
‘‘(c) REIMBURSEMENT
OF EXPENSES.—The Sec-
retary may, if appropriate, seek reimbursement from the 
receiving foreign government for the provision of financial 
assistance under this section. 
‘‘(d) RECEIPTS CREDITED AS OFFSETTING COLLEC-
TIONS.—Notwithstanding section 3302 of title 31, United 
States Code, any reimbursement collected pursuant to 
subsection (c) shall— 
‘‘(1) be credited as offsetting collections to the 
account that finances the financial assistance under 
this section for which such reimbursement is re-
ceived; and 
‘‘(2) remain available until expended for the 
purpose of carrying out this section. 
‘‘(e) EFFECTIVE PERIOD.—The authority provided 
under this section shall remain in effect until September 
30, 2028. 
‘‘(f) DEVELOPMENT AND PROGRAM EXECUTION.— 
The Secretary and the Secretary of State shall jointly de-
velop and implement any financial assistance under this 
section. 
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‘‘(g) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed as affecting, augmenting, or dimin-
ishing the authority of the Secretary of State. 
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—In ad-
dition to amounts otherwise authorized to be appropriated 
for such purpose, there is authorized to be appropriated 
$50,000,000 for fiscal years 2024 through 2028 to carry 
out this section.’’. 
(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 
438 the following new item: 
‘‘Sec. 439. Foreign migration assistance.’’. 
SEC. 1122. BIOMETRIC IDENTIFICATION TRANSNATIONAL 
MIGRATION ALERT PROGRAM. 
(a) IN GENERAL.—Subtitle D of title IV of the 
Homeland Security Act of 2002 (6 U.S.C. 251 et seq.) 
is amended by adding at the end the following new section: 
‘‘SEC. 447. BIOMETRIC IDENTIFICATION TRANSNATIONAL 
MIGRATION ALERT PROGRAM. 
‘‘(a) ESTABLISHMENT.—There is established in the 
Department a program to be known as the Biometric 
Identification Transnational Migration Alert Program (re-
ferred to in this section as ‘BITMAP’) to address and re-
duce national security, border security, and public safety 
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threats before such threats reach the international border 
of the United States. 
‘‘(b) DUTIES.—In carrying out BITMAP operations, 
the Secretary, acting through the Director of U.S. Immi-
gration and Customs Enforcement, shall— 
‘‘(1) provide, when necessary, capabilities, 
training, and equipment, to the government of a for-
eign country to collect biometric and biographic 
identification data from individuals to identify, pre-
vent, detect, and interdict high-risk individuals iden-
tified as national security, border security, or public 
safety threats who may attempt to enter the United 
States utilizing illicit pathways; 
‘‘(2) provide capabilities to the government of a 
foreign country to compare foreign data against ap-
propriate United States national security, border se-
curity, public safety, immigration, and counterter-
rorism data, including— 
‘‘(A) the Federal Bureau of Investigation’s 
Terrorist Screening Database, or successor 
database; 
‘‘(B) the Federal Bureau of Investigation’s 
Next Generation Identification database, or suc-
cessor database; 
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‘‘(C) the Department of Defense Auto-
mated Biometric Identification System (com-
monly known as ‘ABIS’), or successor database; 
‘‘(D) the Department’s Automated Biomet-
ric Identification System (commonly known as 
‘IDENT’), or successor database; and 
‘‘(E) any other database, notice, or means 
that the Secretary, in consultation with the 
heads of other Federal departments and agen-
cies responsible for such databases, notices, or 
means, designates; and 
‘‘(3) ensure biometric and biographic identifica-
tion data collected pursuant to BITMAP are incor-
porated into appropriate United States Government 
databases, in compliance with the policies and proce-
dures established by the Privacy Officer appointed 
under section 222. 
‘‘(c) COLLABORATION.—The Secretary shall ensure 
that BITMAP operations include participation from rel-
evant components of the Department, and, as appropriate, 
request participation from other Federal agencies. 
‘‘(d) COORDINATION.—The Secretary shall coordi-
nate with the Secretary of State, appropriate representa-
tives of foreign governments, and the heads of other Fed-
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eral agencies, as appropriate, to carry out paragraph (1) 
of subsection (b). 
‘‘(e) AGREEMENTS.—Before carrying out BITMAP 
operations in a foreign country that, as of the date of the 
enactment of this section, was not a partner country de-
scribed in this section, the Secretary, with the concurrence 
of the Secretary of State, shall enter into an agreement 
or arrangement with the government of such country that 
outlines such operations in such country, including related 
departmental operations. Such country shall be a partner 
country described in this section pursuant to and for pur-
poses of such agreement or arrangement. 
‘‘(f) NOTIFICATION TO CONGRESS.—Not later than 
60 days before an agreement with the government of a 
foreign country to carry out BITMAP operations in such 
foreign country enters into force, the Secretary shall pro-
vide the Committee on Homeland Security of the House 
of Representatives and the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate with a copy 
of the agreement to establish such operations, which shall 
include— 
‘‘(1) the identification of the foreign country 
with which the Secretary intends to enter into such 
an agreement; 
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‘‘(2) the location at which such operations will 
be conducted; and 
‘‘(3) the terms and conditions for Department 
personnel operating at such location.’’. 
(b) REPORT.—Not later than 180 days after the date 
on which the Biometric Identification Transnational Mi-
gration Alert Program (BITMAP) is established under 
section 447 of the Homeland Security Act of 2002 (as 
added by subsection (a) of this section) and annually 
thereafter for the following five years, the Secretary 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 that details the effectiveness 
of BITMAP operations in enhancing national security, 
border security, and public safety. 
(c) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 is 
amended by inserting after the item relating to section 
446 the following new item: 
‘‘Sec. 447. Biometric Identification Transnational Migration Alert Program.’’. 
SEC. 1123. 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 
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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— 
(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. 
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(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-
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. 
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(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. 
(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. 
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(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. 
(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. 
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(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. 
(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. 
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(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. 1124. COMMERCIAL SOLUTIONS OPENING ACQUISI-
TION 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 
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-
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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. 
(2) ELEMENTS.—Each report required under 
paragraph (1) shall include— 
(A) an assessment of the impact of the 
program with respect to competition; 
(B) a comparison of acquisition timelines 
of procurements made using— 
(i) the program; and 
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(ii) other competitive procedures that 
do not rely on general solicitations; and 
(C) a recommendation with respect to 
whether the authority for the program should 
be extended beyond the date of termination 
specified in subsection (f). 
(f) TERMINATION.—The program shall terminate on 
September 30, 2028. 
(g) DEFINITIONS.—In this section: 
(1) COMPETITIVE
PROCEDURES.—The term 
‘‘competitive procedures’’ has the meaning given 
such term in section 152 of title 41, United States 
Code. 
(2) 
INNOVATIVE.—The 
term 
‘‘innovative’’ 
means any new— 
(A) technology, process, or method, includ-
ing research and development; or 
(B) application of an existing technology, 
process, or method. 
SEC. 1125. U.S. CUSTOMS AND BORDER PROTECTION TECH-
NOLOGY UPGRADES. 
(a) SECURE COMMUNICATIONS.—The Commissioner 
shall ensure that each CBP officer or agent, if appro-
priate, is equipped with a secure radio or other two-way 
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communication 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 1 year after 
the enactment of this Act, the Commissioner shall 
fully implement the Border Security Deployment 
Program of CBP and expand the integrated surveil-
lance 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 Com-
missioner shall upgrade all existing license plate 
readers in need of upgrade, as determined by the 
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Commissioner, 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 2024 
and 2025 to carry out paragraph (1). 
(d) BIOMETRIC EXIT DATA SYSTEM.— 
(1) IN GENERAL.—Subtitle B of title IV of the 
Homeland Security Act of 2002 (6 U.S.C. 211 et 
seq.) is amended by adding at the end the following 
new section: 
‘‘SEC. 420. BIOMETRIC EXIT DATA SYSTEM. 
‘‘(a) ESTABLISHMENT.—The Secretary shall— 
‘‘(1) not later than 180 days after the date of 
the enactment of this section, submit to the Com-
mittee on Homeland Security and the Committee on 
the Judiciary of the House of Representatives and 
the Committee on Homeland Security and Govern-
mental Affairs and the Committee on the Judiciary 
of the Senate an implementation plan to establish a 
biometric exit data system to complete the inte-
grated biometric entry and exit data system required 
under section 7208 of the Intelligence Reform and 
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Terrorism Prevention Act of 2004 (8 U.S.C. 1365b), 
including— 
‘‘(A) an integrated master schedule and 
cost estimate, including requirements and de-
sign, development, operational, and mainte-
nance costs of such a system, that takes into 
account prior reports on such matters issued by 
the Government Accountability Office and the 
Department; 
‘‘(B) cost-effective staffing and personnel 
requirements of such a system that leverages 
existing resources of the Department and takes 
into account prior reports on such matters 
issued by the Government Accountability Office 
and the Department; 
‘‘(C) a consideration of training programs 
necessary to establish such a system that takes 
into account prior reports on such matters 
issued by the Government Accountability Office 
and the Department; 
‘‘(D) a consideration of how such a system 
will affect arrival and departure wait times that 
takes into account prior reports on such mat-
ters issued by the Government Accountability 
Office and the Department; 
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‘‘(E) a consideration of audit capability for 
systems procured in partnership with the pri-
vate sector to achieve biometric exit; 
‘‘(F) information received after consulta-
tion with the private sector, including the— 
‘‘(i) trucking industry; 
‘‘(ii) airport industry; 
‘‘(iii) airline industry; 
‘‘(iv) seaport industry; 
‘‘(v) travel industry; and 
‘‘(vi) biometric technology industry; 
‘‘(G) a consideration of how trusted trav-
eler programs in existence as of the date of the 
enactment of this section may be impacted by, 
or incorporated into, such a system; 
‘‘(H) defined metrics of success and mile-
stones; 
‘‘(I) identified risks and mitigation strate-
gies to address such risks; 
‘‘(J) a consideration of how other countries 
have implemented a biometric exit data system; 
‘‘(K) a consideration of stakeholder privacy 
concerns; and 
‘‘(L) a list of statutory, regulatory, or ad-
ministrative authorities, if any, needed to inte-
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referred to in subsection (a)(1) on nonpedestrian 
outbound traffic at not fewer than three land ports 
of entry with significant cross-border traffic, includ-
ing at not fewer than two land ports of entry on the 
southern land border and at least one land port of 
entry on the northern land border. Such pilot pro-
gram may include a consideration of more than one 
biometric mode, and shall be implemented to deter-
mine the following: 
‘‘(A) How a nationwide implementation of 
such biometric exit data system at land ports of 
entry shall be carried out. 
‘‘(B) The infrastructure required to carry 
out subparagraph (A). 
‘‘(C) The effects of such pilot program 
on— 
‘‘(i) legitimate travel and trade; 
‘‘(ii) wait times, including processing 
times, for such non-pedestrian traffic; 
‘‘(iii) combating terrorism; and 
‘‘(iv) identifying visa holders who vio-
late the terms of their visas. 
‘‘(2) AT LAND PORTS OF ENTRY.— 
‘‘(A) IN
GENERAL.—Not later than five 
years after the date of the enactment of this 
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section, the Secretary shall expand to all land 
ports of entry the biometric exit data system es-
tablished pursuant to subsection (a)(2). 
‘‘(B) EXTENSION.—The Secretary may ex-
tend for a single two-year period the date speci-
fied in subparagraph (A) if the Secretary cer-
tifies to the Committee on Homeland Security 
and the Committee on the Judiciary of the 
House of Representatives and the Committee 
on Homeland Security and Governmental Af-
fairs and the Committee on the Judiciary of the 
Senate that the 15 land ports of entry that sup-
port the highest volume of vehicle, pedestrian, 
and cargo crossings, as determined by available 
Federal border crossing data, do not have the 
physical infrastructure or characteristics to in-
stall the systems necessary to implement a bio-
metric exit data system. Such extension shall 
apply only in the case of nonpedestrian out-
bound traffic at such land ports of entry. 
‘‘(3) AT AIR AND SEA PORTS OF ENTRY.—Not 
later than five years after the date of the enactment 
of this section, the Secretary shall expand to all air 
and sea ports of entry the biometric exit data system 
referred to in subsection (a)(2). 
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‘‘(c) EFFECTS ON AIR, SEA, AND LAND TRANSPOR-
TATION.—The Secretary, in consultation with appropriate 
industry stakeholders, shall ensure that the collection of 
biometric data under this section causes the least possible 
disruption to the movement of people or cargo in air, sea, 
or land transportation, while fulfilling the goals of improv-
ing counterterrorism efforts and identifying visa holders 
who violate the terms of their visas. 
‘‘(d) TERMINATION
OF
PROCEEDING.—Notwith-
standing any other provision of law, the Secretary shall, 
on the date of the enactment of this section, terminate 
the proceeding entitled ‘Collection of Alien Biometric Data 
Upon Exit From the United States at Air and Sea Ports 
of Departure; United States Visitor and Immigrant Status 
Indicator Technology Program (‘‘US–VISIT’’)’, issued on 
April 24, 2008 (73 Fed. Reg. 22065). 
‘‘(e) DATA MATCHING.—The biometric exit data sys-
tem established under this section shall— 
‘‘(1) match biometric information for an indi-
vidual, regardless of nationality, citizenship, or im-
migration status, who is departing the United States 
against biometric data previously provided to the 
United States Government by such individual for the 
purposes of international travel; 
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‘‘(2) leverage the infrastructure and databases 
of the current biometric entry and exit system estab-
lished pursuant to section 7208 of the Intelligence 
Reform and Terrorism Prevention Act of 2004 (8 
U.S.C. 1365b) for the purpose described in para-
graph (1); and 
‘‘(3) be interoperable with, and allow matching 
against, other Federal databases that— 
‘‘(A) store biometrics of known or sus-
pected terrorists; and 
‘‘(B) identify visa holders who violate the 
terms of their visas. 
‘‘(f) SCOPE.— 
‘‘(1) IN
GENERAL.—The biometric exit data 
system established under this section shall include a 
requirement for the collection of biometric exit data 
at the time of departure for all categories of individ-
uals who are required by the Secretary to provide bi-
ometric entry data. 
‘‘(2) EXCEPTION FOR CERTAIN OTHER INDIVID-
UALS.—This section shall not apply in the case of an 
individual who exits and then enters the United 
States on a passenger vessel (as such term is defined 
in section 2101 of title 46, United States Code) the 
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itinerary of which originates and terminates in the 
United States. 
‘‘(3) 
EXCEPTION
FOR
LAND
PORTS
OF 
ENTRY.—This section shall not apply in the case of 
a United States or Canadian citizen who exits the 
United States through a land port of entry. 
‘‘(g) COLLECTION OF DATA.—The Secretary may not 
require any non-Federal person to collect biometric data, 
or contribute to the costs of collecting or administering 
the biometric exit data system established under this sec-
tion, except through a mutual agreement. 
‘‘(h) MULTIMODAL COLLECTION.—In carrying out 
subsections (a)(1) and (b), the Secretary shall make every 
effort to collect biometric data using multiple modes of 
biometrics. 
‘‘(i) FACILITIES.— 
‘‘(1) IN GENERAL.—All facilities at which the 
biometric exit data system established under this 
section is implemented shall provide and maintain 
space for Federal use that is adequate to support bi-
ometric data collection and other inspection-related 
activity. 
‘‘(2) NON-FEDERAL FACILITIES.—With respect 
to each non-Federal facility at which the biometric 
exit data system is implemented pursuant to para-
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graph (1), the space required under such paragraph 
shall be provided and maintained at no cost to the 
Federal Government. 
‘‘(3) LAND PORTS OF ENTRY.—With respect to 
each facility at a land port of entry at which the bio-
metric exit data system is implemented pursuant to 
paragraph (1), the space required under such para-
graph shall be coordinated with the Administrator of 
General Services. 
‘‘(j) NORTHERN LAND BORDER.—With respect to 
the northern land border, the requirements under sub-
sections (a)(2)(C), (b)(2)(A), and (b)(3) may be achieved 
through the sharing of biometric data provided to the De-
partment by the Canadian Border Services Agency pursu-
ant to the 2011 Beyond the Border agreement. 
‘‘(k) FULL
AND OPEN COMPETITION.—The Sec-
retary shall procure goods and services to implement this 
section through full and open competition in accordance 
with the Federal Acquisition Regulation. 
‘‘(l) OTHER BIOMETRIC INITIATIVES.—Nothing in 
this section may be construed as limiting the authority of 
the Secretary to collect biometric information in cir-
cumstances other than as specified in this section. 
‘‘(m) CONGRESSIONAL REVIEW.—Not later than 90 
days after the date of the enactment of this section, the 
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Secretary shall submit to the Committee on Homeland Se-
curity and the Committee on the Judiciary of the House 
of Representatives and the Committee on Homeland Secu-
rity and Governmental Affairs and the Committee on the 
Judiciary of the Senate reports and recommendations re-
garding the Directorate of Science and Technology’s Air 
Entry and Exit Re-Engineering Program and the U.S. 
Customs and Border Protection entry and exit mobility 
program demonstrations. 
‘‘(n) SAVINGS CLAUSE.—Nothing in this section may 
prohibit the collection of user fees permitted by section 
13031 of the Consolidated Omnibus Budget Reconciliation 
Act of 1985 (19 U.S.C. 58c).’’. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated $50,000,000 
for each of fiscal years 2024 and 2025 to carry out 
section 420 of the Homeland Security Act of 2002, 
as added by this subsection. 
(3) CLERICAL AMENDMENT.—The table of con-
tents in section 1(b) of the Homeland Security Act 
of 2002 is amended by inserting after the item relat-
ing to section 419 the following new item: 
‘‘Sec. 420. Biometric exit data system.’’. 
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SEC. 1126. NONINTRUSIVE INSPECTION OPERATIONS. 
The Secretary shall fully implement the requirements 
of the Securing America’s Ports Act (Public Law 116– 
299; 6 U.S.C. 211 note). 
SEC. 1127. HOMELAND SECURITY INVESTIGATIONS INNOVA-
TION LAB. 
(a) IN GENERAL.—Subtitle E of title IV of the 
Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) 
is amended by adding at the end the following new section: 
‘‘SEC. 463. INNOVATION LAB. 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—There is established within 
the Department a program to be known as the 
‘Homeland Security Investigations Innovation Lab’ 
(referred to in this section as the ‘Innovation Lab’). 
‘‘(2) ASSISTANT
DIRECTOR.—The Innovation 
Lab shall be headed by an Assistant Director, who 
shall be appointed by the Executive Associate Direc-
tor of United States Immigration and Customs En-
forcement, Homeland Security Investigations. 
‘‘(b) PURPOSE.—The purpose of the Innovation Lab 
shall be to improve investigative efficiency and mission- 
critical outcomes by enhancing and streamlining data 
processing, agility, assessment, visualization, and analysis 
of homeland security data, using innovative and emerging 
technologies and best practices for design principles. Inno-
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vation Lab efforts shall be informed by designated field 
agents and analysts with relevant experience. 
‘‘(c) CO-LOCATION.—The Secretary shall, if prac-
ticable, co-locate Innovation Lab personnel and office 
space with other existing assets of— 
‘‘(1) the Department, where possible; or 
‘‘(2) Federal facilities, where appropriate. 
‘‘(d) COMPOSITION.—The Innovation Lab shall be 
comprised of personnel from the following: 
‘‘(1) Homeland Security Investigations of U.S. 
Immigration and Customs Enforcement. 
‘‘(2) Other appropriate agencies as determined 
by the Secretary. 
‘‘(3) The private sector (through advisory part-
nerships), including developers with specializations 
in innovative and emerging technology, backend ar-
chitecture, or user interface design. 
‘‘(4) Academic institutions (through advisory 
partnerships), including members from the Depart-
ment of Homeland Security Centers of Excellence. 
‘‘(e) PRIORITIZATION.—The Innovation Lab shall 
prioritize new projects based on communicated investiga-
tive challenges experienced by each Homeland Security In-
vestigations field office. Such communication may be in-
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corporated in existing annual threat analyses conducted 
by Homeland Security Investigations. 
‘‘(f) NONAPPLICABILITY
OF FACA.—The Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply 
to the Innovation Lab. 
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated $24,700,000 for fiscal 
year 2024 and $27,700,000 for fiscal year 2025 to carry 
out this section.’’. 
(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 
462 the following new item: 
‘‘Sec. 463. Innovation lab.’’. 
SEC. 1128. REPORT ON STANDARDS AND GUIDELINES FOR 
MANAGING PORTS OF ENTRY UNDER THE 
CONTROL OF THE DEPARTMENT OF HOME-
LAND SECURITY. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Home-
land Security, in coordination with the Secretary of Com-
merce, shall submit to the Committee on Homeland Secu-
rity of the House of Representatives and the Committee 
on Homeland Security and Governmental Affairs of the 
Senate a report that contains an assessment of the stand-
ards and guidelines for managing ports of entry under the 
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control of the Department of Homeland Security. Such as-
sessment shall include information relating to the fol-
lowing: 
(1) Staffing levels and need for additional staff-
ing. 
(2) Rules governing the actions of Office of 
Field Operations officers. 
(3) Average delays for transit through air, land, 
and sea ports of entry. 
(4) Assessment of existing efforts and tech-
nologies used for border security, and the effect of 
the use of such efforts and technologies on facili-
tating trade at ports of entry and their impact on 
civil rights, private property rights, privacy rights, 
and civil liberties. 
(5) Economic impact of the policies and prac-
tices of CBP Agricultural Specialists and Office of 
Field Operations personnel. 
(6) Physical infrastructure and technological 
needs at ports of entry. 
(7) Data reflecting the specific needs of geo-
graphically separate ports of entry within the same 
U.S. Border Patrol sector. 
(b) REPORT ON PORT RUNNERS.—Not later than 
180 days after the date of the enactment of this Act, the 
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Secretary of Homeland Security shall submit a report that 
contains an assessment of instances of ‘‘Port Running’’, 
or departing the United States before officers can con-
clude traveler inspections, which shall include rec-
ommendations for new security enhancements, including 
traffic barricades, to slow and deter individuals from leav-
ing the United States without authorization. 
Subtitle B—Personnel 
SEC. 1141. ADDITIONAL U.S. CUSTOMS AND BORDER PRO-
TECTION PERSONNEL. 
(a) BORDER PATROL AGENTS.—Not later than Sep-
tember 30, 2025, the Commissioner shall hire, train, and 
assign agents to maintain an active duty presence of— 
(1) not fewer than 22,478 full-time equivalent 
CBP agents; and 
(2) not fewer than 1,200 CBP processing coor-
dinators. 
(b) CBP OFFICERS.—In addition to positions author-
ized before the date of the enactment of this section and 
any existing officer vacancies within CBP as of such date, 
the Commissioner shall, not later than September 30, 
2025, hire, train, and assign to duty sufficient CBP offi-
cers to maintain an active duty presence of— 
(1) not fewer than 27,725 full-time equivalent 
officers; and 
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(2) the required associated full-time support 
staff distributed among all United States ports of 
entry. 
(c) AIR AND MARINE OPERATIONS.—Not later than 
September 30, 2025, the Commissioner shall hire, train, 
and assign agents for Air and Marine Operations of CBP 
to maintain not fewer than 1,675 full-time equivalent 
agents. 
(d) CBP K–9 UNITS AND HANDLERS.— 
(1) K–9 UNITS.—Not later than September 30, 
2025, the Commissioner shall deploy not fewer than 
200 new K–9 units, with supporting officers of CBP 
and other required staff, at land ports of entry and 
checkpoints, along the northern and southern bor-
ders of the United States. 
(2) USE OF CANINES.—The Commissioner shall 
prioritize the use of K–9 units at the primary in-
spection lanes at land ports of entry and check-
points. 
(e) CBP TUNNEL DETECTION AND REMEDIATION.— 
Not later than September 30, 2025, the Commissioner 
shall increase by not fewer than 50 the number of CBP 
officers assisting task forces and activities related to— 
(1) the deployment and operation of border tun-
nel detection technology; 
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(2) the apprehension of individuals using such 
tunnels for— 
(A) unlawfully entering the United States; 
(B) drug trafficking; or 
(C) human smuggling; and 
(3) the remediation of such illicit tunnels. 
(f) AGRICULTURAL SPECIALISTS.—In addition to the 
officers and agents authorized under subsections (a) 
through (e), by September 30, 2025, the Commissioner 
shall carry out section 4 of the Protecting America’s Food 
and Agriculture Act of 2019 (Public Law 116–122; 6 
U.S.C. 211 note). 
(g) U.S. CUSTOMS AND BORDER PROTECTION OF-
FICE OF INTELLIGENCE.—Not later than September 30, 
2025, the Commissioner shall hire, train, and assign suffi-
cient Office of Intelligence personnel to maintain not fewer 
than 500 full-time equivalent employees. 
(h) GAO REPORT.—If the staffing levels required 
under this section are not achieved by September 30, 
2025, the Comptroller General of the United States shall 
conduct a review of the reasons why such levels were not 
achieved. 
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SEC. 1142. U.S. CUSTOMS AND BORDER PROTECTION RE-
TENTION INCENTIVES. 
(a) IN GENERAL.—Chapter 97 of title 5, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 9702. U.S. Customs and Border Protection tem-
porary employment authorities 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘appropriate congressional com-
mittees’ means the Committee on Oversight and 
Government Reform, the Committee on Homeland 
Security, and the Committee on Ways and Means of 
the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs and 
the Committee on Finance of the Senate; 
‘‘(2) the term ‘CBP employee’ means an em-
ployee of U.S. Customs and Border Protection de-
scribed under any of subsections (a) through (h) of 
section 1134 of the Border Security for America 
Act; 
‘‘(3) the term ‘Commissioner’ means the Com-
missioner of U.S. Customs and Border Protection; 
‘‘(4) the term ‘Director’ means the Director of 
the Office of Personnel Management; and 
‘‘(5) the term ‘Secretary’ means the Secretary 
of Homeland Security. 
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‘‘(b) DIRECT HIRE AUTHORITY; RECRUITMENT AND 
RELOCATION BONUSES; RETENTION BONUSES.— 
‘‘(1) STATEMENT
OF
PURPOSE
AND
LIMITA-
TION.—The purpose of this subsection is to allow 
U.S. Customs and Border Protection to expedi-
tiously meet the hiring goals and staffing levels re-
quired by the Border Security for America Act. The 
Secretary shall not use this authority beyond meet-
ing the requirements of such section. 
‘‘(2) DIRECT HIRE AUTHORITY.—The Secretary 
may appoint, without regard to any provision of sec-
tions 3309 through 3319, candidates to positions in 
the competitive service as CBP employees if the Sec-
retary has given public notice for the positions. 
‘‘(3) RECRUITMENT
AND
RELOCATION
BO-
NUSES.—The Secretary may pay a recruitment or 
relocation bonus of up to 50 percent of the annual 
rate of basic pay to an individual CBP employee at 
the beginning of the service period multiplied by the 
number of years (including a fractional part of a 
year) in the required service period to an individual 
(other than an individual described in subsection 
(a)(2) of section 5753) if— 
‘‘(A) the Secretary determines that condi-
tions consistent with the conditions described in 
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paragraphs (1) and (2) of subsection (b) of 
such section 5753 are satisfied with respect to 
the individual (without regard to the regula-
tions referenced in subsection (b)(2)(B)(ii)(I) of 
such section or to any other provision of that 
section); and 
‘‘(B) the individual enters into a written 
service agreement with the Secretary— 
‘‘(i) under which the individual is re-
quired to complete a period of employment 
as a CBP employee of not less than 2 
years; and 
‘‘(ii) that includes— 
‘‘(I) the commencement and ter-
mination dates of the required service 
period (or provisions for the deter-
mination thereof); 
‘‘(II) the amount of the bonus; 
and 
‘‘(III) other terms and conditions 
under which the bonus is payable, 
subject to the requirements of this 
subsection, including— 
‘‘(aa) the conditions under 
which the agreement may be ter-
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minated before the agreed-upon 
service period has been com-
pleted; and 
‘‘(bb) the effect of a termi-
nation described in item (aa). 
‘‘(4) RETENTION
BONUSES.—The Secretary 
may pay a retention bonus of up to 50 percent of 
basic pay to an individual CBP employee (other than 
an individual described in subsection (a)(2) of sec-
tion 5754) if— 
‘‘(A) the Secretary determines that— 
‘‘(i) a condition consistent with the 
condition described in subsection (b)(1) of 
such section 5754 is satisfied with respect 
to the CBP employee (without regard to 
any other provision of that section); and 
‘‘(ii) in the absence of a retention 
bonus, the CBP employee would be likely 
to leave— 
‘‘(I) the Federal service; or 
‘‘(II) for a different position in 
the Federal service, including a posi-
tion in another agency or component 
of the Department of Homeland Secu-
rity; and 
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‘‘(B) the individual enters into a written 
service agreement with the Secretary— 
‘‘(i) under which the individual is re-
quired to complete a period of employment 
as a CBP employee of not less than 2 
years; and 
‘‘(ii) that includes— 
‘‘(I) the commencement and ter-
mination dates of the required service 
period (or provisions for the deter-
mination thereof); 
‘‘(II) the amount of the bonus; 
and 
‘‘(III) other terms and conditions 
under which the bonus is payable, 
subject to the requirements of this 
subsection, including— 
‘‘(aa) the conditions under 
which the agreement may be ter-
minated before the agreed-upon 
service period has been com-
pleted; and 
‘‘(bb) the effect of a termi-
nation described in item (aa). 
‘‘(5) RULES FOR BONUSES.— 
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‘‘(A) MAXIMUM BONUS.—A bonus paid to 
an employee under— 
‘‘(i) paragraph (3) may not exceed 
100 percent of the annual rate of basic pay 
of the employee as of the commencement 
date of the applicable service period; and 
‘‘(ii) paragraph (4) may not exceed 50 
percent of the annual rate of basic pay of 
the employee. 
‘‘(B) RELATIONSHIP
TO
BASIC
PAY.—A 
bonus paid to an employee under paragraph (3) 
or (4) shall not be considered part of the basic 
pay of the employee for any purpose, including 
for retirement or in computing a lump-sum pay-
ment to the covered employee for accumulated 
and accrued annual leave under section 5551 or 
section 5552. 
‘‘(C) PERIOD OF SERVICE FOR RECRUIT-
MENT, 
RELOCATION, 
AND
RETENTION
BO-
NUSES.— 
‘‘(i) A bonus paid to an employee 
under paragraph (4) may not be based on 
any period of such service which is the 
basis for a recruitment or relocation bonus 
under paragraph (3). 
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‘‘(ii) A bonus paid to an employee 
under paragraph (3) or (4) may not be 
based on any period of service which is the 
basis for a recruitment or relocation bonus 
under section 5753 or a retention bonus 
under section 5754. 
‘‘(c) SPECIAL RATES OF PAY.—In addition to the cir-
cumstances described in subsection (b) of section 5305, 
the Director may establish special rates of pay in accord-
ance with that section to assist the Secretary in meeting 
the requirements of the Border Security for America Act. 
The Director shall prioritize the consideration of requests 
from the Secretary for such special rates of pay and issue 
a decision as soon as practicable. The Secretary shall pro-
vide such information to the Director as the Director 
deems necessary to evaluate special rates of pay under this 
subsection. 
‘‘(d) OPM OVERSIGHT.— 
‘‘(1) Not later than September 30 of each year, 
the Secretary shall provide a report to the Director 
on U.S. Custom and Border Protection’s use of au-
thorities provided under subsections (b) and (c). In 
each report, the Secretary shall provide such infor-
mation as the Director determines is appropriate to 
ensure appropriate use of authorities under such 
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subsections. Each report shall also include an assess-
ment of— 
‘‘(A) the impact of the use of authorities 
under subsections (b) and (c) on implementa-
tion of section 1134 of the Border Security for 
America Act; 
‘‘(B) solving hiring and retention chal-
lenges at the agency, including at specific loca-
tions; 
‘‘(C) whether hiring and retention chal-
lenges still exist at the agency or specific loca-
tions; and 
‘‘(D) whether the Secretary needs to con-
tinue to use authorities provided under this sec-
tion at the agency or at specific locations. 
‘‘(2) CONSIDERATION.—In compiling a report 
under paragraph (1), the Secretary shall consider— 
‘‘(A) whether any CBP employee accepted 
an employment incentive under subsections (b) 
and (c) and then transferred to a new location 
or left U.S. Customs and Border Protection; 
and 
‘‘(B) the length of time that each employee 
identified under subparagraph (A) stayed at the 
original location before transferring to a new lo-
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cation or leaving U.S. Customs and Border 
Protection. 
‘‘(3) DISTRIBUTION.—In addition to the Direc-
tor, the Secretary shall submit each report required 
under this subsection to the appropriate congres-
sional committees. 
‘‘(e) OPM ACTION.—If the Director determines the 
Secretary has inappropriately used authorities under sub-
section (b) or a special rate of pay provided under sub-
section (c), the Director shall notify the Secretary and the 
appropriate congressional committees in writing. Upon re-
ceipt of the notification, the Secretary may not make any 
new appointments or issue any new bonuses under sub-
section (b), nor provide CBP employees with further spe-
cial rates of pay, until the Director has provided the Sec-
retary and the appropriate congressional committees a 
written notice stating the Director is satisfied safeguards 
are in place to prevent further inappropriate use. 
‘‘(f) IMPROVING CBP HIRING AND RETENTION.— 
‘‘(1) EDUCATION OF CBP HIRING OFFICIALS.— 
Not later than 180 days after the date of the enact-
ment of this section, and in conjunction with the 
Chief Human Capital Officer of the Department of 
Homeland Security, the Secretary shall develop and 
implement a strategy to improve the education re-
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garding hiring and human resources flexibilities (in-
cluding hiring and human resources flexibilities for 
locations in rural or remote areas) for all employees, 
serving in agency headquarters or field offices, who 
are involved in the recruitment, hiring, assessment, 
or selection of candidates for locations in a rural or 
remote area, as well as the retention of current em-
ployees. 
‘‘(2) ELEMENTS.—Elements of the strategy 
under paragraph (1) shall include the following: 
‘‘(A) Developing or updating training and 
educational materials on hiring and human re-
sources flexibilities for employees who are in-
volved in the recruitment, hiring, assessment, or 
selection of candidates, as well as the retention 
of current employees. 
‘‘(B) Regular training sessions for per-
sonnel who are critical to filling open positions 
in rural or remote areas. 
‘‘(C) The development of pilot programs or 
other programs, as appropriate, consistent with 
authorities provided to the Secretary to address 
identified hiring challenges, including in rural 
or remote areas. 
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‘‘(D) Developing and enhancing strategic 
recruiting efforts through the relationships with 
institutions of higher education, as defined in 
section 102 of the Higher Education Act of 
1965 (20 U.S.C. 1002), veterans transition and 
employment centers, and job placement pro-
gram in regions that could assist in filling posi-
tions in rural or remote areas. 
‘‘(E) Examination of existing agency pro-
grams on how to most effectively aid spouses 
and families of individuals who are candidates 
or new hires in a rural or remote area. 
‘‘(F) Feedback from individuals who are 
candidates or new hires at locations in a rural 
or remote area, including feedback on the qual-
ity of life in rural or remote areas for new hires 
and their families. 
‘‘(G) Feedback from CBP employees, other 
than new hires, who are stationed at locations 
in a rural or remote area, including feedback on 
the quality of life in rural or remote areas for 
those CBP employees and their families. 
‘‘(H) Evaluation of Department of Home-
land Security internship programs and the use-
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fulness of those programs in improving hiring 
by the Secretary in rural or remote areas. 
‘‘(3) EVALUATION.— 
‘‘(A) IN GENERAL.—Each year, the Sec-
retary shall— 
‘‘(i) evaluate the extent to which the 
strategy developed and implemented under 
paragraph (1) has improved the hiring and 
retention ability of the Secretary; and 
‘‘(ii) make any appropriate updates to 
the strategy under paragraph (1). 
‘‘(B) INFORMATION.—The evaluation con-
ducted under subparagraph (A) shall include— 
‘‘(i) any reduction in the time taken 
by the Secretary to fill mission-critical po-
sitions, including in rural or remote areas; 
‘‘(ii) a general assessment of the im-
pact of the strategy implemented under 
paragraph (1) on hiring challenges, includ-
ing in rural or remote areas; and 
‘‘(iii) other information the Secretary 
determines relevant. 
‘‘(g) INSPECTOR GENERAL REVIEW.—Not later than 
two years after the date of the enactment of this section, 
the Inspector General of the Department of Homeland Se-
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curity shall review the use of hiring and pay flexibilities 
under subsections (b) and (c) to determine whether the 
use of such flexibilities is helping the Secretary meet hir-
ing and retention needs, including in rural and remote 
areas. 
‘‘(h) EXERCISE OF AUTHORITY.— 
‘‘(1) SOLE DISCRETION.—The exercise of au-
thority under subsection (b) shall be subject to the 
sole and exclusive discretion of the Secretary (or the 
Commissioner, as applicable under paragraph (2) of 
this subsection), notwithstanding chapter 71 and 
any collective bargaining agreement. 
‘‘(2) DELEGATION.—The Secretary may dele-
gate any authority under this section to the Com-
missioner. 
‘‘(i) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to exempt the Secretary or the Di-
rector from applicability of the merit system principles 
under section 2301. 
‘‘(j) SUNSET.—The authorities under subsections (b) 
and (c) shall terminate on September 30, 2028. Any bonus 
to be paid pursuant to subsection (b) that is approved be-
fore such date may continue until such bonus has been 
paid, subject to the conditions specified in this section.’’. 
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(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections for chapter 97 of title 5, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘9702. U.S. Customs and Border Protection temporary employment authori-
ties.’’. 
SEC. 1143. ANTI-BORDER CORRUPTION ACT REAUTHORIZA-
TION. 
(a) HIRING FLEXIBILITY.—Section 3 of the Anti- 
Border Corruption Act of 2010 (6 U.S.C. 221; Public Law 
111–376) is amended by striking subsection (b) and in-
serting the following new subsections: 
‘‘(b) WAIVER AUTHORITY.—The Commissioner of 
U.S. Customs and Border Protection may waive the appli-
cation of subsection (a)(1)— 
‘‘(1) to a current, full-time law enforcement of-
ficer employed by a State or local law enforcement 
agency who— 
‘‘(A) has continuously served as a law en-
forcement officer for not fewer than three 
years; 
‘‘(B) is authorized by law to engage in or 
supervise the prevention, detection, investiga-
tion, or prosecution of, or the incarceration of 
any person for, any violation of law, and has 
statutory powers for arrest or apprehension; 
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‘‘(C) is not currently under investigation, 
has not been found to have engaged in criminal 
activity or serious misconduct, has not resigned 
from a law enforcement officer position under 
investigation or in lieu of termination, and has 
not been dismissed from a law enforcement offi-
cer position; and 
‘‘(D) has, within the past ten years, suc-
cessfully completed a polygraph examination as 
a condition of employment with such officer’s 
current law enforcement agency; 
‘‘(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, con-
duct investigations, conduct searches, make sei-
zures, carry firearms, and serve orders, war-
rants, and other processes; 
‘‘(C) is not currently under investigation, 
has not been found to have engaged in criminal 
activity or serious misconduct, has not resigned 
from a law enforcement officer position under 
investigation or in lieu of termination, and has 
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not been dismissed from a law enforcement offi-
cer position; and 
‘‘(D) holds a current Tier 4 background 
investigation or current Tier 5 background in-
vestigation; and 
‘‘(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 
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‘‘(E) was not granted any waivers to ob-
tain the clearance referred to in subparagraph 
(B). 
‘‘(c) TERMINATION OF WAIVER AUTHORITY.—The 
authority to issue a waiver under subsection (b) shall ter-
minate on the date that is four years after the date of 
the enactment of the Border Security for America Act.’’. 
(b) SUPPLEMENTAL COMMISSIONER AUTHORITY AND 
DEFINITIONS.— 
(1) SUPPLEMENTAL
COMMISSIONER
AUTHOR-
ITY.—The Anti-Border Corruption Act of 2010 is 
amended by adding at the end the following new sec-
tion: 
‘‘SEC. 5. SUPPLEMENTAL COMMISSIONER AUTHORITY. 
‘‘(a) NONEXEMPTION.—An individual who receives a 
waiver under section 3(b) is not exempt from other hiring 
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.—Any indi-
vidual who receives a waiver under section 3(b) who holds 
a current Tier 4 background investigation shall be subject 
to a Tier 5 background investigation. 
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‘‘(c) ADMINISTRATION
OF POLYGRAPH EXAMINA-
TION.—The Commissioner of U.S. Customs and Border 
Protection is authorized to administer a polygraph exam-
ination to an applicant or employee who is eligible for or 
receives a waiver under section 3(b) if information is dis-
covered before the completion of a background investiga-
tion that results in a determination that a polygraph ex-
amination is necessary to make a final determination re-
garding suitability for employment or continued employ-
ment, as the case may be.’’. 
(2) REPORT.—The Anti-Border Corruption Act 
of 2010, as amended by paragraph (1), is further 
amended by adding at the end the following new sec-
tion: 
‘‘SEC. 6. REPORTING. 
‘‘(a) ANNUAL REPORT.—Not later than one year 
after the date of the enactment of this section and annu-
ally thereafter while the waiver authority under section 
3(b) is in effect, the Commissioner of U.S. Customs and 
Border Protection shall submit to Congress a report that 
includes, with respect to each such reporting period— 
‘‘(1) the number of waivers requested, granted, 
and denied under such section 3(b); 
‘‘(2) the reasons for any denials of such waiver; 
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‘‘(3) the percentage of applicants who were 
hired after receiving a waiver; 
‘‘(4) the number of instances that a polygraph 
was administered to an applicant who initially re-
ceived a waiver and the results of such polygraph; 
‘‘(5) an assessment of the current impact of the 
polygraph waiver program on filling law enforcement 
positions at U.S. Customs and Border Protection; 
and 
‘‘(6) additional authorities needed by U.S. Cus-
toms and Border Protection to better utilize the 
polygraph waiver program for its intended goals. 
‘‘(b) ADDITIONAL INFORMATION.—The first report 
submitted under subsection (a) shall include— 
‘‘(1) an analysis of other methods of employ-
ment suitability tests that detect deception and could 
be used in conjunction with traditional background 
investigations to evaluate potential employees for 
suitability; and 
‘‘(2) a recommendation regarding whether a 
test referred to in paragraph (1) should be adopted 
by U.S. Customs and Border Protection when the 
polygraph examination requirement is waived pursu-
ant to section 3(b).’’. 
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(3) DEFINITIONS.—The Anti-Border Corrup-
tion Act of 2010, as amended by paragraphs (1) and 
(2), is further amended by adding at the end the fol-
lowing new section: 
‘‘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 
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have the meaning given such terms under the 2012 
Federal Investigative Standards. 
‘‘(4) VETERAN.—The term ‘veteran’ has the 
meaning given such term in section 101(2) of title 
38, United States Code.’’. 
(c) POLYGRAPH EXAMINERS.—Not later than Sep-
tember 30, 2025, the Secretary shall increase to not fewer 
than 150 the number of trained full-time equivalent poly-
graph examiners for administering polygraphs under the 
Anti-Border Corruption Act of 2010, as amended by this 
section. 
SEC. 1144. TRAINING FOR OFFICERS AND AGENTS OF U.S. 
CUSTOMS AND BORDER PROTECTION. 
(a) IN GENERAL.—Subsection (l) of section 411 of 
the Homeland Security Act of 2002 (6 U.S.C. 211) is 
amended to read as follows: 
‘‘(l) TRAINING AND CONTINUING EDUCATION.— 
‘‘(1) MANDATORY
TRAINING.—The Commis-
sioner shall ensure that every agent and officer of 
U.S. Customs and Border Protection receives a min-
imum of 21 weeks of training that are directly re-
lated to the mission of the U.S. Border Patrol, Air 
and Marine, and the Office of Field Operations be-
fore the initial assignment of such agents and offi-
cers. 
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‘‘(2) FLETC.—The Commissioner shall work 
in consultation with the Director of the Federal Law 
Enforcement Training Centers to establish guide-
lines and curriculum for the training of agents and 
officers of U.S. Customs and Border Protection 
under subsection (a). 
‘‘(3) CONTINUING EDUCATION.—The Commis-
sioner shall annually require all agents and officers 
of U.S. Customs and Border Protection who are re-
quired to undergo training under subsection (a) to 
participate in not fewer than eight hours of con-
tinuing education annually to maintain and update 
understanding of Federal legal rulings, court deci-
sions, and Department policies, procedures, and 
guidelines related to relevant subject matters. 
‘‘(4) LEADERSHIP TRAINING.—Not later than 
one year after the date of the enactment of this sub-
section, the Commissioner shall develop and require 
training courses geared towards the development of 
leadership skills for mid- and senior-level career em-
ployees not later than one year after such employees 
assume duties in supervisory roles.’’. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Commissioner shall sub-
mit to the Committee on Homeland Security and the Com-
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mittee on Ways and Means of the House of Representa-
tives and the Committee on Homeland Security and Gov-
ernmental Affairs and the Committee on Finance of the 
Senate a report identifying the guidelines and curriculum 
established to carry out subsection (l) of section 411 of 
the Homeland Security Act of 2002, as amended by sub-
section (a) of this section. 
(c) ASSESSMENT.—Not later than four years after 
the date of the enactment of this Act, the Comptroller 
General of the United States shall submit to the Com-
mittee on Homeland Security and the Committee on Ways 
and Means of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Affairs 
and the Committee on Finance of the Senate a report that 
assesses the training and education, including continuing 
education, required under subsection (l) of section 411 of 
the Homeland Security Act of 2002, as amended by sub-
section (a) of this section. 
SEC. 1145. ESTABLISHMENT OF WORKLOAD STAFFING MOD-
ELS FOR U.S. BORDER PATROL AND AIR AND 
MARINE OPERATIONS OF CBP. 
(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this Act, the Commissioner, in 
coordination with the Under Secretary for Management, 
the Chief Human Capital Officer, and the Chief Financial 
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Officer of the Department, shall implement a workload 
staffing model for each of the following: 
(1) The U.S. Border Patrol. 
(2) Air and Marine Operations of CBP. 
(b) RESPONSIBILITIES OF THE COMMISSIONER OF 
CBP.—Subsection (c) of section 411 of the Homeland Se-
curity Act of 2002 (6 U.S.C. 211), is amended— 
(1) by redesignating paragraphs (18) and (19) 
as paragraphs (20) and (21), respectively; and 
(2) by inserting after paragraph (17) the fol-
lowing new paragraphs: 
‘‘(18) implement a staffing model that includes 
consideration for essential frontline operator activi-
ties and functions, variations in operating environ-
ments, present and planned infrastructure, present 
and planned technology, and required operations 
support levels for the U.S. Border Patrol, Air and 
Marine Operations, and the Office of Field Oper-
ations, to manage and assign personnel of such enti-
ties to ensure field and support posts possess ade-
quate resources to carry out duties specified in this 
section; 
‘‘(19) develop standard operating procedures 
for a workforce tracking system within the U.S. 
Border Patrol, Air and Marine Operations, and the 
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Office of Field Operations, train the workforce of 
each of such entities on the use, capabilities, and 
purpose of such system, and implement internal con-
trols to ensure timely and accurate scheduling and 
reporting of actual completed work hours and activi-
ties;’’. 
(c) REPORT.— 
(1) IN
GENERAL.—Not later than one year 
after the date of the enactment of this section with 
respect to subsection (a) and paragraphs (18) and 
(19) of section 411(c) of the Homeland Security Act 
of 2002 (as amended by subsection (b)), and annu-
ally thereafter with respect to such paragraphs (18) 
and (19), the Secretary shall submit to the appro-
priate congressional committees a report that in-
cludes a status update on— 
(A) the implementation of such subsection 
(a) and such paragraphs (18) and (19); and 
(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 such staffing 
models. 
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(d) INSPECTOR GENERAL REVIEW.—Not later than 
120 days after the Commissioner develops the workload 
staffing models pursuant to subsection (a), the Inspector 
General of the Department shall review such model and 
provide feedback to the Secretary and the appropriate con-
gressional committees with respect to the degree to which 
such model is responsive to the recommendations of the 
Inspector General, including— 
(1) recommendations from the Inspector Gen-
eral’s February 2019 audit; and 
(2) any further recommendations to improve 
such model. 
(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. 1146. U.S. BORDER PATROL PROCESSING COORDI-
NATOR POSITIONS. 
(a) PROCESSING
COORDINATORS.—The Commis-
sioner of U.S. Customs and Border Protection is author-
ized to hire and train U.S. Border Patrol Processing Coor-
dinators to operate within the U.S. Border Patrol to— 
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(1) perform administrative tasks related to the 
intake and processing of individuals apprehended by 
U.S. Border Patrol agents, where necessary; 
(2) transport individuals in U.S. Border Patrol 
custody, where necessary; and 
(3) perform custodial watch duties of individ-
uals in such custody, including individuals who have 
been admitted to a hospital. 
(b) CLARIFIED AUTHORITIES.—A U.S. Border Pa-
trol Processing Coordinator hired under subsection (a) 
may not arrest or otherwise detain any person as described 
in section 235, 236, or 287(a), of the Immigration and 
Nationality Act (8 U.S.C. 1225, 1226, and 1357(a)), and 
such a Coordinator may not conduct any interview under 
section 235(b)(1)(B) of the Immigration and Nationality 
Act (8 U.S.C. 1225(b)(1)(B)). 
(c) TRAINING.—The Commissioner of U.S. Customs 
and Border Protection, in coordination with the Chief of 
the U.S. Border Patrol and in consultation with the Direc-
tor of the Federal Law Enforcement Training Centers, 
shall develop tailored training for U.S. Border Patrol 
Processing Coordinators. 
(d) ASSOCIATED SUPPORT STAFF.—The Commis-
sioner of U.S. Customs and Border Protection is author-
ized to hire appropriate professional support staff to facili-
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tate the hiring, training, and other support functions re-
quired by U.S. Border Patrol Processing Coordinators. 
(e) BIANNUAL REPORTS.—Not later than 180 days 
after the date of the enactment of this Act and biannually 
thereafter for the following two years, the Secretary 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 regarding each U.S. Border 
Patrol sector that includes information relating to the fol-
lowing: 
(1) The number of U.S. Border Patrol Proc-
essing Coordinators assigned to each such sector. 
(2) The degree to which the responsibilities de-
scribed in subsection (a) have been transferred from 
U.S. Border Patrol agents to U.S. Border Patrol 
Processing Coordinators. 
(3) The percentage of U.S. Border Patrol 
agents who returned to field operations as a result 
of U.S. Border Patrol Processing Coordinators un-
dertaking the responsibilities described in subsection 
(a). 
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SEC. 1147. ESTABLISHMENT OF HIGHER MINIMUM RATES 
OF PAY FOR UNITED STATES BORDER PA-
TROL AGENTS. 
(a) HIGHER MINIMUM RATE OF PAY.—Not later 
than 180 days after the enactment of this Act, the Direc-
tor of the Office of Personnel Management— 
(1) shall, in accordance with section 5305 of 
title 5, United States Code— 
(A) increase the minimum rate of pay for 
United States Border Patrol agents at the 
grade GS–12 of the General Schedule by not 
less than 14 percent; and 
(B) increase other grades or levels, occupa-
tional groups, series, classes, or subdivisions 
thereof, as determined by the Secretary of 
Homeland Security; 
(2) take such actions as may be necessary to 
harmonize— 
(A) pay levels for U.S. Border Patrol 
agents and CBP officers at each pay scale in a 
manner so as to ensure greater or the same 
level of pay; and 
(B) such other pay incentives and overtime 
scales; and 
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100 
(3) may make increases in all rates in the pay 
range for each such grade or level, in accordance 
with such section 5305. 
(b) INAPPLICABILITY.—The discretion granted to 
agency heads under section 5305(a)(2) of title 5, United 
States Code, shall not apply to increase in rates of pay 
authorized under subsection (a). 
SEC. 1148. BODY WORN CAMERA PILOT PROGRAM AUTHOR-
IZATION. 
The Body Worn Camera Pilot Program referred to 
in H. Rept. 116–458, Department of Homeland Security 
Appropriations Act, 2021, shall be authorized for 5 fiscal 
years after the date of enactment of this Act. 
SEC. 1149. PROTECTING SENSITIVE LOCATIONS. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Protecting Sensitive Locations Act’’. 
(b) POWERS OF IMMIGRATION OFFICERS AND EM-
PLOYEES AT PROTECTED AREAS.— 
(1) IN GENERAL.—Section 287 of the Immigra-
tion and Nationality Act (8 U.S.C. 1357) is amend-
ed by adding at the end the following: 
‘‘(i)(1) Except as otherwise provided, an officer or an 
agent of the U.S. Immigration and Customs Enforcement 
or the U.S. Customs and Border Protection may not take 
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118 
(D) aircraft, aircraft-based sensors and as-
sociated technology, vessels, spare parts, and 
equipment to maintain such assets; and 
(E) a biometric entry and exit system. 
(b) AVAILABILITY
OF BORDER BARRIER SYSTEM 
FUNDS.— 
(1) IN GENERAL.—Of the amount appropriated 
in subsection (a)(1)— 
(A) $3,041,000,000 shall become available 
October 1, 2023; 
(B) $2,608,000,000 shall become available 
October 1, 2024; 
(C) $1,715,000,000 shall become available 
October 1, 2025; 
(D) $2,140,000,000 shall become available 
October 1, 2026; 
(E) $1,735,000,000 shall become available 
October 1, 2027; 
(F) $1,746,000,000 shall become available 
October 1, 2028; 
(G) $1,776,000,000 shall become available 
October 1, 2029; 
(H) $1,746,000,000 shall become available 
October 1, 2030; and 
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131 
‘‘(1) for each country, the number of aliens 
from the country who are described in subsection 
(a), including— 
‘‘(A) the total number of such aliens within 
all classes of nonimmigrant aliens described in 
section 101(a)(15) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(15)); and 
‘‘(B) the number of such aliens within each 
of the classes of nonimmigrant aliens, as well as 
the number of such aliens within each of the 
subclasses of such classes of nonimmigrant 
aliens, as applicable; 
‘‘(2) for each country, the percentage of the 
total number of aliens from the country who were 
present in the United States and were admitted to 
the United States as nonimmigrants who are de-
scribed in subsection (a); 
‘‘(3) the number of aliens described in sub-
section (a) who arrived by land at a port of entry 
into the United States; 
‘‘(4) the number of aliens described in sub-
section (a) who entered the United States using a 
border crossing identification card (as such term is 
defined in section 101(a)(6) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(6))); and 
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144 
‘‘(2) EXCEPTION.—If an alien sought and re-
ceived the express consent of the Secretary to re-
apply for admission into the United States, or, with 
respect to an alien previously denied admission and 
removed, the alien was not required to obtain such 
advance consent under the Immigration and Nation-
ality Act or any prior Act, the alien shall not be sub-
ject to the fine and imprisonment provided for in 
paragraph (1). 
‘‘(b) REENTRY
OF CRIMINAL OFFENDERS.—Not-
withstanding the penalty provided in subsection (a), if an 
alien described in that subsection was convicted before 
such removal or departure— 
‘‘(1) for 3 or more misdemeanors or for a fel-
ony, the alien shall be fined under title 18, United 
States Code, imprisoned not more than 15 years, or 
both; 
‘‘(2) for a felony for which the alien was sen-
tenced to a term of imprisonment of not less than 
30 months, the alien shall be fined under such title, 
imprisoned not more than 20 years, or both; 
‘‘(3) for a felony for which the alien was sen-
tenced to a term of imprisonment of not less than 
60 months, the alien shall be fined under such title, 
imprisoned not more than 25 years, or both; or 
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204 
workers to carry a Transportation 
Worker 
Identification 
Credential 
(TWIC). 
‘‘(III) An employee assigned to 
perform work in the United States 
under a Federal contract, except that 
this subclause— 
‘‘(aa) is not applicable to in-
dividuals who have a clearance 
under Homeland Security Presi-
dential Directive 12 (HSPD 12 
clearance), are administrative or 
overhead personnel, or are work-
ing solely on contracts that pro-
vide Commercial Off The Shelf 
goods or services as set forth by 
the Federal Acquisition Regu-
latory Council, unless they are 
subject to verification under sub-
clause (II); and 
‘‘(bb) only applies to con-
tracts over the simple acquisition 
threshold as defined in section 
2.101 of title 48, Code of Federal 
Regulations. 
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