SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Secure the Border Act of 2023’’. 
(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 
Sec. 101. Definitions. 
Sec. 102. Border wall construction. 
Sec. 103. Strengthening the requirements for barriers along the southern bor-
der. 
Sec. 104. Border and port security technology investment plan. 
Sec. 105. Border security technology program management. 
Sec. 106. U.S. Customs and Border Protection technology upgrades. 
Sec. 107. U.S. Customs and Border Protection personnel. 
Sec. 108. Anti-Border Corruption Act reauthorization. 
Sec. 109. Establishment of workload staffing models for U.S. Border Patrol 
and Air and Marine Operations of CBP. 
Sec. 110. Operation Stonegarden. 
Sec. 111. Air and Marine Operations flight hours. 
Sec. 112. Eradication of carrizo cane and salt cedar. 
Sec. 113. Border patrol strategic plan. 
Sec. 114. U.S. Customs and Border Protection spiritual readiness. 
Sec. 115. Restrictions on funding. 
Sec. 116. Collection of DNA and biometric information at the border. 
Sec. 117. Eradication of narcotic drugs and formulating effective new tools to 
address yearly losses of life; ensuring timely updates to U.S. 
Customs and Border Protection field manuals. 
Sec. 118. Publication by U.S. Customs and Border Protection of operational 
statistics. 
Sec. 119. Alien criminal background checks. 
Sec. 120. Prohibited identification documents at airport security checkpoints; 
notification to immigration agencies. 
Sec. 121. Prohibition against any COVID–19 vaccine mandate or adverse ac-
tion against DHS employees. 
Sec. 122. CBP One app limitation. 
Sec. 123. Report on Mexican drug cartels. 
Sec. 124. GAO study on costs incurred by States to secure the southwest bor-
der. 
Sec. 125. Report by Inspector General of the Department of Homeland Secu-
rity. 
Sec. 126. Offsetting authorizations of appropriations. 
Sec. 127. Report to Congress on foreign terrorist organizations. 
Sec. 128. Assessment by Inspector General of the Department of Homeland Se-
curity on the mitigation of unmanned aircraft systems at the 
southwest border.
DIVISION B—IMMIGRATION ENFORCEMENT AND FOREIGN 
AFFAIRS 
TITLE I—ASYLUM REFORM AND BORDER PROTECTION 
Sec. 101. Safe third country. 
Sec. 102. Credible fear interviews. 
Sec. 103. Clarification of asylum eligibility. 
Sec. 104. Exceptions. 
Sec. 105. Employment authorization. 
Sec. 106. Asylum fees. 
Sec. 107. Rules for determining asylum eligibility. 
Sec. 108. Firm resettlement. 
Sec. 109. Notice concerning frivolous asylum applications. 
Sec. 110. Technical amendments. 
Sec. 111. Requirement for procedures relating to certain asylum applications. 
TITLE II—BORDER SAFETY AND MIGRANT PROTECTION 
Sec. 201. Inspection of applicants for admission. 
Sec. 202. Operational detention facilities. 
TITLE III—PREVENTING UNCONTROLLED MIGRATION FLOWS IN 
THE WESTERN HEMISPHERE 
Sec. 301. United States policy regarding Western Hemisphere cooperation on 
immigration and asylum. 
Sec. 302. Negotiations by Secretary of State. 
Sec. 303. Mandatory briefings on United States efforts to address the border 
crisis. 
TITLE IV—ENSURING UNITED FAMILIES AT THE BORDER 
Sec. 401. Clarification of standards for family detention. 
TITLE V—PROTECTION OF CHILDREN 
Sec. 501. Findings. 
Sec. 502. Repatriation of unaccompanied alien children. 
Sec. 503. Special immigrant juvenile status for immigrants unable to reunite 
with either parent. 
Sec. 504. Rule of construction. 
TITLE VI—VISA OVERSTAYS PENALTIES 
Sec. 601. Expanded penalties for illegal entry or presence. 
TITLE VII—IMMIGRATION PAROLE REFORM 
Sec. 701. Immigration parole reform. 
Sec. 702. Implementation. 
Sec. 703. Cause of action. 
Sec. 704. Severability. 
TITLE VIII—LEGAL WORKFORCE 
Sec. 801. Employment eligibility verification process. 
Sec. 802. Employment eligibility verification system. 
Sec. 803. Recruitment, referral, and continuation of employment.
Sec. 804. Good faith defense. 
Sec. 805. Preemption and States’ rights. 
Sec. 806. Repeal. 
Sec. 807. Penalties. 
Sec. 808. Fraud and misuse of documents. 
Sec. 809. Protection of Social Security Administration programs. 
Sec. 810. Fraud prevention. 
Sec. 811. Use of employment eligibility verification photo tool. 
Sec. 812. Identity authentication employment eligibility verification pilot pro-
grams. 
Sec. 813. Inspector General audits. 
Sec. 814. Agriculture workforce study. 
Sec. 815. Sense of Congress on further implementation. 
Sec. 816. Repealing regulations. 
DIVISION A—BORDER SECURITY 
SEC. 101. DEFINITIONS. 
In this division: 
(1) CBP.—The term ‘‘CBP’’ means U.S. Cus-
toms and Border Protection. 
(2) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means the Commissioner of U.S. Customs 
and Border Protection. 
(3) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Homeland Security. 
(4) OPERATIONAL CONTROL.—The term ‘‘oper-
ational control’’ has the meaning given such term in 
section 2(b) of the Secure Fence Act of 2006 (Public 
Law 109–367; 8 U.S.C. 1701 note). 
(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) UNMANNED AIRCRAFT SYSTEM.—The term 
‘‘unmanned aircraft system’’ has the meaning given 
such term in section 44801 of title 49, United 
States Code. 
SEC. 102. BORDER WALL CONSTRUCTION. 
(a) IN GENERAL.— 
(1) IMMEDIATE RESUMPTION OF BORDER WALL 
CONSTRUCTION.—Not later than seven days after 
the date of the enactment of this Act, the Secretary 
shall resume all activities related to the construction 
of the border wall along the border between the 
United States and Mexico that were underway or 
being planned for prior to January 20, 2021. 
(2) USE OF FUNDS.—To carry out this section, 
the Secretary shall expend all unexpired funds ap-
propriated or explicitly obligated for the construction 
of the border wall that were appropriated or obli-
gated, as the case may be, for use beginning on Oc-
tober 1, 2019. 
(3) USE OF MATERIALS.—Any unused materials 
purchased before the date of the enactment of this 
Act for construction of the border wall may be used
for activities related to the construction of the bor-
der wall in accordance with paragraph (1). 
(b) PLAN TO COMPLETE TACTICAL INFRASTRUC-
TURE AND TECHNOLOGY.—Not later than 90 days after 
the date of the enactment of this Act and annually there-
after until construction of the border wall has been com-
pleted, the Secretary shall submit to the appropriate con-
gressional committees an implementation plan, including 
annual benchmarks for the construction of 200 miles of 
such wall and associated cost estimates for satisfying all 
requirements of the construction of the border wall, in-
cluding installation and deployment of tactical infrastruc-
ture, technology, and other elements as identified by the 
Department prior to January 20, 2021, through the ex-
penditure of funds appropriated or explicitly obligated, as 
the case may be, for use, as well as any future funds ap-
propriated or otherwise made available by Congress. 
(c) DEFINITIONS.—In this section: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means the Committee on Homeland Secu-
rity and the Committee on Appropriations of the 
House of Representatives and the Committee on 
Homeland Security and Governmental Affairs and 
the Committee on Appropriations of the Senate.
(2) TACTICAL
INFRASTRUCTURE.—The term 
‘‘tactical infrastructure’’ includes boat ramps, access 
gates, checkpoints, lighting, and roads associated 
with a border wall. 
(3) TECHNOLOGY.—The term ‘‘technology’’ in-
cludes border surveillance and detection technology, 
including linear ground detection systems, associated 
with a border wall. 
SEC. 103. 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, 
and operate physical barriers, tactical infrastructure, and 
technology in the vicinity of the southwest border to 
achieve situational awareness and operational control of 
the southwest border and deter, impede, and detect unlaw-
ful activity.’’; 
(2) in subsection (b)—
(A) in the subsection heading, by striking 
‘‘FENCING AND ROAD IMPROVEMENTS’’ and in-
serting ‘‘PHYSICAL BARRIERS’’; 
(B) in paragraph (1)— 
(i) in the heading, by striking ‘‘FENC-
ING’’ and inserting ‘‘BARRIERS’’; 
(ii) by amending subparagraph (A) to 
read as follows: 
‘‘(A) REINFORCED BARRIERS.—In carrying 
out this section, the Secretary of Homeland Se-
curity shall construct a border wall, including 
physical barriers, tactical infrastructure, and 
technology, along not fewer than 900 miles of 
the southwest border until situational aware-
ness and operational control of the southwest 
border is achieved.’’; 
(iii) by amending subparagraph (B) to 
read as follows: 
‘‘(B) PHYSICAL BARRIERS AND TACTICAL 
INFRASTRUCTURE.—In carrying out this sec-
tion, the Secretary of Homeland Security shall 
deploy along the southwest border the most 
practical and effective physical barriers, tactical 
infrastructure, and technology available for
achieving situational awareness and operational 
control of the southwest border.’’; 
(iv) in subparagraph (C)— 
(I) by amending clause (i) to 
read as follows: 
‘‘(i) IN
GENERAL.—In carrying out 
this section, the Secretary of Homeland 
Security shall consult with the Secretary of 
the Interior, the Secretary of Agriculture, 
appropriate representatives of State, Trib-
al, and local governments, and appropriate 
private property owners in the United 
States to minimize the impact on natural 
resources, commerce, and sites of historical 
or cultural significance for the commu-
nities and residents located near the sites 
at which physical barriers, tactical infra-
structure, and technology are to be con-
structed. Such consultation may not delay 
such construction for longer than seven 
days.’’; and 
(II) in clause (ii)— 
(aa) in subclause (I), by 
striking ‘‘or’’ after the semicolon 
at the end;
(bb) by amending subclause 
(II) to read as follows: 
‘‘(II) delay the transfer to the 
United States of the possession of 
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 
(v) 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, tactical infrastructure, 
and technology’’;
(D) by amending paragraph (3) to read as 
follows: 
‘‘(3) AGENT SAFETY.—In carrying out this sec-
tion, the Secretary of Homeland Security, when de-
signing, testing, constructing, installing, deploying, 
integrating, and operating physical barriers, tactical 
infrastructure, or technology, shall incorporate such 
safety features into such design, test, construction, 
installation, deployment, integration, or operation 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 and agents of the Depart-
ment of Homeland Security or of any other Federal 
agency deployed in the vicinity of such physical bar-
riers, 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 waive all legal requirements necessary to en-
sure the expeditious design, testing, construction, in-
stallation, deployment, integration, operation, and 
maintenance of the physical barriers, tactical infra-
structure, and technology under this section. The 
Secretary shall ensure the maintenance and effec-
tiveness of such physical barriers, tactical infrastruc-
ture, or technology. Any such action by the Sec-
retary shall be effective upon publication in the Fed-
eral 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 seven 
days after the date on which the Secretary of Home-
land Security exercises a waiver pursuant to 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.—In carrying out this section, the 
Secretary of Homeland Security shall deploy along the 
southwest border the most practical and effective tech-
nology available for achieving situational awareness and 
operational control. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) ADVANCED UNATTENDED SURVEILLANCE 
SENSORS.—The term ‘advanced unattended surveil-
lance sensors’ means sensors that utilize an onboard 
computer to analyze detections in an effort to dis-
cern between vehicles, humans, and animals, and ul-
timately filter false positives prior to transmission. 
‘‘(2) OPERATIONAL CONTROL.—The term ‘oper-
ational control’ has the meaning given such term in 
section 2(b) of the Secure Fence Act of 2006 (Public 
Law 109–367; 8 U.S.C. 1701 note). 
‘‘(3) PHYSICAL BARRIERS.—The term ‘physical 
barriers’ includes reinforced fencing, the border wall, 
and levee walls. 
‘‘(4) 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)). 
‘‘(5) TACTICAL
INFRASTRUCTURE.—The term 
‘tactical infrastructure’ includes boat ramps, access 
gates, checkpoints, lighting, and roads.
SEC. 104. BORDER AND PORT SECURITY TECHNOLOGY IN-
VESTMENT PLAN. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Commissioner, in 
consultation with covered officials and border and port se-
curity technology stakeholders, shall submit to the appro-
priate congressional committees a strategic 5-year tech-
nology investment plan (in this section referred to as the 
‘‘plan’’). The plan may include a classified annex, if appro-
priate. 
(b) CONTENTS OF PLAN.—The plan shall include the 
following: 
(1) An analysis of security risks at and between 
ports of entry along the northern and southern bor-
ders of the United States. 
(2) An identification of capability gaps with re-
spect to security at and between such ports of entry 
to be mitigated in order to— 
(A) prevent terrorists and instruments of 
terror from entering the United States; 
(B) combat and reduce cross-border crimi-
nal activity, including— 
(i) the transport of illegal goods, such 
as illicit drugs; and 
(ii) human smuggling and human 
trafficking; and
(C) facilitate the flow of legal trade across 
the southwest border. 
(3) An analysis of current and forecast trends 
relating to the number of aliens who— 
(A) unlawfully entered the United States 
by crossing the northern or southern border of 
the United States; or 
(B) are unlawfully present in the United 
States. 
(4) A description of security-related technology 
acquisitions, to be listed in order of priority, to ad-
dress the security risks and capability gaps analyzed 
and identified pursuant to paragraphs (1) and (2), 
respectively. 
(5) A description of each planned security-re-
lated technology program, including objectives, goals, 
and timelines for each such program. 
(6) An identification of each deployed security- 
related technology that is at or near the end of the 
life cycle of such technology. 
(7) A description of the test, evaluation, mod-
eling, and simulation capabilities, including target 
methodologies, rationales, and timelines, necessary 
to support the acquisition of security-related tech-
nologies pursuant to paragraph (4).
(8) An identification and assessment of ways to 
increase opportunities for communication and col-
laboration with the private sector, small and dis-
advantaged businesses, intragovernment entities, 
university centers of excellence, and federal labora-
tories to ensure CBP is able to engage with the mar-
ket for security-related technologies that are avail-
able to satisfy its mission needs before engaging in 
an acquisition of a security-related technology. 
(9) An assessment of the management of 
planned security-related technology programs by the 
acquisition workforce of CBP. 
(10) An identification of ways to leverage al-
ready-existing acquisition expertise within the Fed-
eral Government. 
(11) A description of the security resources, in-
cluding information security resources, required to 
protect security-related technology from physical or 
cyber theft, diversion, sabotage, or attack. 
(12) A description of initiatives to— 
(A) streamline the acquisition process of 
CBP; and 
(B) provide to the private sector greater 
predictability and transparency with respect to 
such process, including information relating to
the timeline for testing and evaluation of secu-
rity-related technology. 
(13) An assessment of the privacy and security 
impact on border communities of security-related 
technology. 
(14) In the case of a new acquisition leading to 
the removal of equipment from a port of entry along 
the northern or southern border of the United 
States, a strategy to consult with the private sector 
and community stakeholders affected by such re-
moval. 
(15) A strategy to consult with the private sec-
tor and community stakeholders with respect to se-
curity impacts at a port of entry described in para-
graph (14). 
(16) An identification of recent technological 
advancements in the following: 
(A) Manned aircraft sensor, communica-
tion, and common operating picture technology. 
(B) Unmanned aerial systems and related 
technology, including counter-unmanned aerial 
system technology. 
(C) Surveillance technology, including the 
following: 
(i) Mobile surveillance vehicles.
(ii) Associated electronics, including 
cameras, sensor technology, and radar. 
(iii) Tower-based surveillance tech-
nology. 
(iv) Advanced unattended surveillance 
sensors. 
(v) 
Deployable, 
lighter-than-air, 
ground surveillance equipment. 
(D) Nonintrusive inspection technology, in-
cluding non-x-ray devices utilizing muon tomog-
raphy and other advanced detection technology. 
(E) Tunnel detection technology. 
(F) Communications equipment, including 
the following: 
(i) Radios. 
(ii) Long-term evolution broadband. 
(iii) Miniature satellites. 
(c) LEVERAGING THE PRIVATE SECTOR.—To the ex-
tent practicable, the plan shall— 
(1) leverage emerging technological capabilities, 
and research and development trends, within the 
public and private sectors; 
(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) DISCLOSURE.—The plan shall include an identi-
fication of individuals not employed by the Federal Gov-
ernment, and their professional affiliations, who contrib-
uted to the development of the plan. 
(f) UPDATE AND REPORT.—Not later than the date 
that is two years after the date on which the plan is sub-
mitted to the appropriate congressional committees pursu-
ant to subsection (a) and biennially thereafter for ten 
years, the Commissioner shall submit to the appropriate 
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 described pursuant to subsection 
(b)(5); and 
(B) the type of contract and the reason for 
acquiring each such security-related technology. 
(g) DEFINITIONS.—In this section: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Homeland Security 
and the Committee on Appropriations of the 
House of Representatives; and 
(B) the Committee on Homeland Security 
and Governmental Affairs and the Committee 
on Appropriations of the Senate. 
(2) COVERED OFFICIALS.—The term ‘‘covered 
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 provided 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. 105. 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 $100,000,000 (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 
‘‘(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 
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 inserting after the item relating to section 
436 the following new item: 
‘‘Sec. 437. Border security technology program management.’’. 
(c) PROHIBITION ON ADDITIONAL AUTHORIZATION 
OF APPROPRIATIONS.—No additional funds are author-
ized to be appropriated to carry out section 437 of the 
Homeland Security Act of 2002, as added by subsection 
(a). 
SEC. 106. U.S. CUSTOMS AND BORDER PROTECTION TECH-
NOLOGY UPGRADES. 
(a) SECURE COMMUNICATIONS.—The Commissioner 
shall ensure that each CBP officer or agent, as appro-
priate, is equipped with a secure radio or other two-way 
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 September 30, 
2025, the Commissioner shall— 
(A) fully implement the Border Security 
Deployment Program of CBP; and 
(B) expand the integrated surveillance and 
intrusion detection system at land ports of 
entry along the northern and southern borders 
of the United States. 
(2) AUTHORIZATION OF APPROPRIATIONS.—In 
addition to amounts otherwise authorized to be ap-
propriated for such purpose, there is authorized to 
be appropriated $33,000,000 for fiscal years 2024 
and 2025 to carry out paragraph (1). 
(c) UPGRADE
OF LICENSE PLATE READERS
AT 
PORTS OF ENTRY.— 
(1) UPGRADE.—Not later than two years after 
the date of the enactment of this Act, the Commis-
sioner shall upgrade all existing license plate readers 
in need of upgrade, as determined by the Commis-
sioner, on the northern and southern borders of the 
United States. 
(2) AUTHORIZATION OF APPROPRIATIONS.—In 
addition to amounts otherwise authorized to be ap-
propriated for such purpose, there is authorized to 
be appropriated $125,000,000 for fiscal years 2023 
and 2024 to carry out paragraph (1). 
SEC. 107. U.S. CUSTOMS AND BORDER PROTECTION PER-
SONNEL. 
(a) RETENTION BONUS.—To carry out this section, 
there is authorized to be appropriated up to $100,000,000 
to the Commissioner to provide a retention bonus to any 
front-line U.S. Border Patrol law enforcement agent— 
(1) whose position is equal to or below level GS- 
12 of the General Schedule; 
(2) who has five years or more of service with 
the U.S. Border Patrol; and 
(3) who commits to two years of additional 
service with the U.S. Border Patrol upon acceptance 
of such bonus. 
(b) BORDER PATROL AGENTS.—Not later than Sep-
tember 30, 2025, the Commissioner shall hire, train, and 
assign a sufficient number of Border Patrol agents to 
maintain an active duty presence of not fewer than 22,000
full-time equivalent Border Patrol agents, who may not 
perform the duties of processing coordinators. 
(c) PROHIBITION AGAINST ALIEN TRAVEL.—No per-
sonnel or equipment of Air and Marine Operations may 
be used for the transportation of non-detained aliens, or 
detained aliens expected to be administratively released 
upon arrival, from the southwest border to destinations 
within the United States. 
(d) GAO REPORT.—If the staffing level required 
under this section is not achieved by the date associated 
with such level, the Comptroller General of the United 
States shall— 
(1) conduct a review of the reasons why such 
level was not so achieved; and 
(2) not later than September 30, 2027, publish 
on a publicly available website of the Government 
Accountability Office a report relating thereto. 
SEC. 108. 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 REQUIREMENT.—Subject to subsection 
(c), the Commissioner of U.S. Customs and Border Pro-
tection shall waive the application 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; 
and 
‘‘(C) is not currently under investigation, 
has not been found to have engaged in criminal 
activity or serious misconduct, has not resigned 
from a law enforcement officer position under 
investigation or in lieu of termination, and has 
not been dismissed from a law enforcement offi-
cer position; 
‘‘(2) to a current, full-time Federal law enforce-
ment officer who—
‘‘(A) has continuously served as a law en-
forcement officer for not fewer than three 
years; 
‘‘(B) is authorized to make arrests, 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 
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; or 
‘‘(3) to a member of the Armed Forces (or a re-
serve component thereof) or a veteran, if such indi-
vidual— 
‘‘(A) has served in the Armed Forces for 
not fewer than three years; 
‘‘(B) holds, or has held within the past five 
years, a Secret, Top Secret, or Top Secret/Sen-
sitive Compartmented Information clearance;
‘‘(C) holds, or has undergone within the 
past five years, a current Tier 4 background in-
vestigation or current Tier 5 background inves-
tigation; 
‘‘(D) received, or is eligible to receive, an 
honorable discharge from service in the Armed 
Forces and has not engaged in criminal activity 
or committed a serious military or civil offense 
under the Uniform Code of Military Justice; 
and 
‘‘(E) was not granted any waivers to ob-
tain the clearance referred to in subparagraph 
(B). 
‘‘(c) TERMINATION
OF
WAIVER
REQUIREMENT; 
SNAP-BACK.—The requirement to issue a waiver under 
subsection (b) shall terminate if the Commissioner of U.S. 
Customs and Border Protection (CBP) certifies to the 
Committee on Homeland Security of the House of Rep-
resentatives and the Committee on Homeland Security 
and Governmental Affairs of the Senate that CBP has met 
all requirements pursuant to section 107 of the Secure the 
Border Act of 2023 relating to personnel levels. If at any 
time after such certification personnel levels fall below 
such requirements, the Commissioner shall waive the ap-
plication of subsection (a)(1) until such time as the Com-
missioner re-certifies to such Committees that CBP has 
so met all such requirements.’’. 
(b) SUPPLEMENTAL
COMMISSIONER
AUTHORITY; 
REPORTING; DEFINITIONS.—The Anti-Border Corruption 
Act of 2010 is amended by adding at the end the following 
new sections: 
‘‘SEC. 5. SUPPLEMENTAL COMMISSIONER AUTHORITY. 
‘‘(a) NONEXEMPTION.—An individual who receives a 
waiver under section 3(b) is not exempt from any other 
hiring requirements relating to suitability for employment 
and eligibility to hold a national security designated posi-
tion, as determined by the Commissioner of U.S. Customs 
and Border Protection. 
‘‘(b) BACKGROUND INVESTIGATIONS.—An individual 
who receives a waiver under section 3(b) who holds a cur-
rent Tier 4 background investigation shall be subject to 
a Tier 5 background investigation. 
‘‘(c) ADMINISTRATION
OF POLYGRAPH EXAMINA-
TION.—The Commissioner of U.S. Customs and Border 
Protection is authorized to administer a polygraph exam-
ination to an applicant or employee who is eligible for or 
receives a waiver under section 3(b) if information is dis-
covered before the completion of a background 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. 
‘‘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, the 
following: 
‘‘(1) Information relating to the number of 
waivers granted under such section 3(b). 
‘‘(2) Information relating to the percentage of 
applicants who were hired after receiving such a 
waiver. 
‘‘(3) Information relating to the number of in-
stances that a polygraph was administered to an ap-
plicant who initially received such a waiver and the 
results of such polygraph. 
‘‘(4) An assessment of the current impact of 
such waiver authority on filling law enforcement po-
sitions at U.S. Customs and Border Protection. 
‘‘(5) An identification of additional authorities 
needed by U.S. Customs and Border Protection to
better utilize such waiver authority for its intended 
goals. 
‘‘(b) ADDITIONAL INFORMATION.—The first report 
submitted under subsection (a) shall include the following: 
‘‘(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 applicants or em-
ployees for suitability for employment or continued 
employment, as the case may be. 
‘‘(2) A recommendation regarding whether a 
test referred to in paragraph (1) should be adopted 
by U.S. Customs and Border Protection when the 
polygraph examination requirement is waived pursu-
ant to section 3(b). 
‘‘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—