Border Security for America Act of 2021
Bill: H.R.4828 | Sponsor: Rep. Katko, John (R-NY)
Policy area: Immigration

Summary:
Border Security for America Act of 2021
This bill addresses border security and related issues.
For example, the bill

To secure the international borders of the United States, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Border Security 
for America Act of 2021''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Border wall system construction.
Sec. 4. Strengthening the requirements for barriers along the southern 
                            border.
Sec. 5. Border and port security technology investment plan.
Sec. 6. Commercial solutions opening acquisition program.
Sec. 7. Border security technology program management.
Sec. 8. U.S. Customs and Border Protection technology upgrades.
Sec. 9. Nonintrusive inspection operations.
Sec. 10. Additional U.S. Customs and Border Protection personnel.
Sec. 11. Anti-Border Corruption Act Reauthorization.
Sec. 12. Establishment of workload staffing models for U.S. Border 
                            Patrol and Air and Marine Operations of 
                            CBP.
Sec. 13. Operation Stonegarden.
Sec. 14. Air and Marine Operations flight hours.
Sec. 15. Eradication of carrizo cane and salt cedar.
Sec. 16. Border Patrol Strategic Plan.
Sec. 17. Homeland Security Investigations Innovation Lab.
Sec. 18. Integrated Border Enforcement Teams.
Sec. 19. DNA collection consistent with Federal law.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) CBP.--The term ``CBP'' means U.S. Customs and Border 
        Protection.
            (2) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of U.S. Customs and Border Protection.
            (3) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (5) Situational awareness.--The term ``situational 
        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)).
            (6) Unmanned aircraft system.--The term ``unmanned aircraft 
        system'' has the meaning given such term in section 44801 of 
        title 49, United States Code.

SEC. 3. BORDER WALL SYSTEM CONSTRUCTION.

    (a) In General.--
            (1) Immediate resumption of border wall construction.--Not 
        later than 24 hours after the date of the enactment of this 
        section, the Secretary shall resume all activities related to 
        the construction of the border barrier system (also known as, 
        and referred to in this section as, the ``border wall system'') 
        along the international border between the United States and 
        Mexico that were underway or being planned for prior to January 
        20, 2021.
            (2) No cancellations.--The Secretary may not cancel any 
        contract for activities related to the construction of the 
        border wall system that was entered into on or before January 
        20, 2021.
            (3) Use of funds.--To carry out this section, the Secretary 
        shall expend all funds appropriated or explicitly obligated for 
        the construction of the border wall system that were 
        appropriated or obligated, as the case may be, for use 
        beginning October 1, 2016.
    (b) Plan To Complete Tactical Infrastructure and Technology 
Elements of System.--Not later than 90 days after the date of the 
enactment of this section, the Secretary shall submit to the 
appropriate congressional committees an implementation plan, including 
quarterly benchmarks and cost estimates, for satisfying all 
requirements of the construction of the border wall system referred to 
in paragraph (1) of subsection (a), including tactical infrastructure, 
technology, and other elements as identified by the Department prior to 
January 20, 2021, through the expenditure of funds appropriated or 
explicitly obligated, as the case may be, for use beginning October 1, 
2016, as well as any future funds appropriated by Congress.
    (c) Uphold Negotiated Agreements.--The Secretary shall ensure that 
all agreements executed in writing between the Department and private 
citizens, State, local, or Tribal governments, or other stakeholders 
are honored by the Department relating to current and future 
construction of the border wall system as required by such agreements.
    (d) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Homeland Security 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 
        system.
            (3) Technology.--The term ``technology'' includes border 
        surveillance and detection technology, including linear ground 
        detection systems, associated with a border wall system.

SEC. 4. STRENGTHENING THE REQUIREMENTS FOR BARRIERS ALONG THE SOUTHERN 
              BORDER.

    Section 102 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (Division C of Public Law 104-208; 8 U.S.C. 
1103 note) is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) In General.--The Secretary of Homeland Security shall take 
such actions as may be necessary (including the removal of obstacles to 
detection of illegal entrants) to design, test, construct, install, 
deploy, integrate, and operate physical barriers, tactical 
infrastructure, and technology in the vicinity of the United States 
border to achieve situational awareness and operational control 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 inserting 
                ``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 
                                technology''; and
                                    (III) by striking ``gain'' and 
                                inserting ``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 States border 
                the most practical and effective physical barriers and 
                tactical infrastructure available for achieving 
                situational awareness and operational control 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 
                        constructed.''; 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 domain, 
                                or to otherwise affect the eminent 
                                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 Security'';
                            (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:
            ``(3) Agent safety.--In carrying out this section, the 
        Secretary of Homeland Security, when designing, constructing, 
        and deploying physical barriers, tactical infrastructure, or 
        technology, shall incorporate such safety features into such 
        design, construction, 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 vicinity 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 requirements the Secretary 
        determines necessary to ensure the expeditious design, testing, 
        construction, installation, deployment, integration, and 
        operation of the physical barriers, tactical infrastructure, 
        and technology under this section. Such waiver authority shall 
        also apply with respect to any maintenance carried out on such 
        physical barriers, tactical infrastructure, 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 paragraph (1), the Secretary shall 
        notify the Committee on Homeland Security of the House of 
        Representatives 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 subsections:
    ``(e) Technology.--The Secretary of Homeland Security, in carrying 
out this section, shall deploy along the United States border the most 
practical and effective technology available for achieving situational 
awareness and operational control of the border.
    ``(f) Definitions.--In this section:
            ``(1) Advanced unattended surveillance sensors.--The term 
        `advanced unattended surveillance sensors' means sensors that 
        utilize an onboard computer to analyze detections in an effort 
        to discern between vehicles, humans, and animals, and 
        ultimately 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 control.--The term `operational 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).
            ``(4) Physical barriers.--The term `physical barriers' 
        includes reinforced fencing, border wall system, and levee 
        walls.
            ``(5) Situational awareness.--The term `situational 
        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)).
            ``(6) Tactical infrastructure.--The term `tactical 
        infrastructure' includes boat ramps, access gates, checkpoints, 
        lighting, and roads.
            ``(7) Technology.--The term `technology' includes 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 detection 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, communication, and 
                surveillance technology.
            ``(8) Unmanned aircraft system.--The term `unmanned 
        aircraft system' has the meaning given such term in section 
        44801 of title 49, United States Code.''.

SEC. 5. BORDER AND PORT SECURITY TECHNOLOGY INVESTMENT 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 security technology stakeholders, 
shall submit to the appropriate 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 borders of the United 
        States.
            (2) An identification of capability gaps with respect 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 address 
        the security risks and capability gaps identified pursuant to 
        paragraphs (1) and (2), respectively.
            (5) A description of each planned security-related 
        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, modeling, and 
        simulation capabilities, including target methodologies, 
        rationales, and timelines, necessary to support the acquisition 
        of security-related technologies pursuant to paragraph (4).
            (8) An identification and assessment of ways to increase 
        opportunities for communication and collaboration with 
        industry, small and disadvantaged businesses, intra-government 
        entities, university centers of excellence, and national 
        laboratories to ensure CBP understands the market for security-
        related 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.
            (10) An identification of ways to leverage already-existing 
        acquisition expertise within the Federal Government.
            (11) A description of the security resources, including 
        information security resources, that will be 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 greater predictability and clarity, 
                with respect to such process, to small, medium, and 
                large businesses, including information 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 community stakeholders affected by such 
        removal.
            (15) A strategy to consult with industry and community 
        stakeholders with respect to security impacts at a port of 
        entry described in paragraph (14).
    (c) Leveraging the Private Sector.--To the extent practicable, the 
plan shall--
            (1) leverage to the greatest extent possible emerging 
        technological trends, and research and development trends, 
        within the public and private sectors;
            (2) incorporate input from the private sector, including 
        from border and port security stakeholders, 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 adaptation, 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 Government who contributed to 
the development of the plan.
    (g) Update and Report.--Not later than the date that is two years 
after the date on which the plan is submitted to the appropriate 
congressional committees pursuant 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-related 
                technology acquired by CBP since the initial submission 
                of the plan or most recent update of the plan, as the 
                case may be, is consistent with the planned technology 
                programs and projects 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 committees.--The term 
        ``appropriate congressional committees'' 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.
            (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 ``unlawfully 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. 6. COMMERCIAL SOLUTIONS OPENING ACQUISITION 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 procedures 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 Department, 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 submit 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
                            (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, including 
                research and development; or
                    (B) application of an existing technology, process, 
                or method.

SEC. 7. 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 estimated by the Secretary to require an eventual 
total expenditure of at least $300,000,000 (based on fiscal year 2022 
constant dollars) over its life-cycle cost.
    ``(b) Planning Documentation.--For each border security technology 
acquisition program of the Department that is determined to be a major 
acquisition program, the Secretary shall--
            ``(1) ensure that each such program has a written 
        acquisition program baseline approved by the relevant 
        acquisition decision authority;
            ``(2) document that each such program is satisfying cost, 
        schedule, and performance thresholds as specified in such 
        baseline, in compliance with relevant departmental acquisition 
        policies and the Federal Acquisition Regulation; and
            ``(3) have a plan for satisfying program implementation 
        objectives by managing contractor performance.
    ``(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 
program managers who are responsible for carrying out this section 
adhere to relevant internal control standards identified by the 
Comptroller General of the United States. The 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 Senate a plan for testing, evaluating, and using 
independent verification and validation of resources relating to the 
proposed acquisition of border security technology. Under such plan, 
the proposed acquisition of new border security technologies shall be 
evaluated through a series of assessments, processes, and audits to 
ensure--
            ``(1) compliance with relevant departmental acquisition 
        policies and the Federal Acquisition Regulation; 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 authorized to be appropriated to carry out section 
437 of the Homeland Security Act of 2002, as added by subsection (a).

SEC. 8. U.S. CUSTOMS AND BORDER PROTECTION TECHNOLOGY UPGRADES.

    (a) Secure Communications.--The Commissioner shall ensure that each 
CBP officer or agent, if appropriate, 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 stations; and
            (2) with other Federal, State, Tribal, and local law 
        enforcement entities.
    (b) Border Security Deployment Program.--
            (1) Expansion.--Not later than September 30, 2023, the 
        Commissioner shall fully implement the Border Security 
        Deployment Program of CBP and 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 appropriated for such 
        purpose, there is authorized to be appropriated $33,000,000 for 
        fiscal years 2022 and 2023 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 Commissioner shall upgrade 
        all existing license plate readers in need of upgrade, as 
        determined by the Commissioner, on the northern and southern 
        borders of the United States.
            (2) Authorization of appropriations.--In addition to 
        amounts otherwise authorized to be appropriated for such 
        purpose, there is authorized to be appropriated $125,000,000 
        for fiscal years 2022 and 2023 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 Committee on Homeland 
        Security and the Committee on the Judiciary of the House of 
        Representatives and the Committee on Homeland Security and 
        Governmental Affairs and the Committee on the Judiciary of the 
        Senate an implementation plan to establish a biometric exit 
        data system to complete the integrated biometric entry and exit 
        data system required under section 7208 of the Intelligence 
        Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1365b), 
        including--
                    ``(A) an integrated master schedule and cost 
                estimate, including requirements and design, 
                development, operational, and maintenance 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 matters issued by the 
                Government Accountability Office and the Department;
                    ``(E) a consideration of audit capability for 
                systems procured in partnership with the private sector 
                to achieve biometric exit;
                    ``(F) information received after consultation 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 traveler 
                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 milestones;
                    ``(I) identified risks and mitigation strategies 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 
                administrative authorities, if any, needed to integrate 
                such a system into the operations of the Transportation 
                Security Administration; and
            ``(2) not later than two years after the date of the 
        enactment of this section, establish a biometric exit data 
        system at--
                    ``(A) the 15 United States airports that support 
                the highest volume of international air travel, as 
                determined by available Federal flight data;
                    ``(B) the 10 United States seaports that support 
                the highest volume of international sea travel, as 
                determined by available Federal travel data; and
                    ``(C) the 15 United States land ports of entry that 
                support the highest volume of vehicle, pedestrian, and 
                cargo crossings, as determined by available Federal 
                border crossing data.
    ``(b) Implementation.--
            ``(1) Pilot program at land ports of entry.--Not later than 
        six months after the date of the enactment of this section, the 
        Secretary, in collaboration with industry stakeholders 
        specified in subsection (a)(1)(F), shall establish a six-month 
        pilot program to test the biometric exit data system referred 
        to in subsection (a)(1) on nonpedestrian outbound traffic at 
        not fewer than three land ports of entry with significant 
        cross-border traffic, including 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 
        program may include a consideration of more than one biometric 
        mode, and shall be implemented to determine 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 violate 
                        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 section, the 
                Secretary shall expand to all land ports of entry the 
                biometric exit data system established pursuant to 
                subsection (a)(2).
                    ``(B) Extension.--The Secretary may extend for a 
                single two-year period the date specified in 
                subparagraph (A) if the Secretary certifies 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 Affairs 
                and the Committee on the Judiciary of the Senate that 
                the 15 land ports of entry that support 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 install the systems necessary to 
                implement a biometric exit data system. Such extension 
                shall apply only in the case of nonpedestrian outbound 
                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).
    ``(c) Effects on Air, Sea, and Land Transportation.--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 improving 
counterterrorism efforts and identifying visa holders who violate the 
terms of their visas.
    ``(d) Termination of Proceeding.--Notwithstanding 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 system established 
under this section shall--
            ``(1) match biometric information for an individual, 
        regardless of nationality, citizenship, or immigration 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;
            ``(2) leverage the infrastructure and databases of the 
        current biometric entry and exit system established pursuant to 
        section 7208 of the Intelligence Reform and Terrorism 
        Prevention Act of 2004 (8 U.S.C. 1365b) for the purpose 
        described in paragraph (1); and
            ``(3) be interoperable with, and allow matching against, 
        other Federal databases that--
                    ``(A) store biometrics of known or suspected 
                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 individuals who are required by the 
        Secretary to provide biometric entry data.
            ``(2) Exception for certain other individuals.--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 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 section, 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 biometric 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 paragraph (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 biometric exit data system 
        is implemented pursuant to paragraph (1), the space required 
        under such paragraph shall be coordinated with the 
        Administrator of General Services.
    ``(j) Northern Land Border.--With respect to the northern land 
border, the requirements under subsections (a)(2)(C), (b)(2)(A), and 
(b)(3) may be achieved through the sharing of biometric data provided 
to the Department by the Canadian Border Services Agency pursuant to 
the 2011 Beyond the Border agreement.
    ``(k) Full and Open Competition.--The Secretary 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 circumstances 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 Secretary shall submit 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 Affairs and the Committee on the Judiciary of the Senate 
reports and recommendations regarding 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 2022 
        and 2023 to carry out section 420 of the Homeland Security Act 
        of 2002, as added by this subsection.
            (3) 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 419 the following 
        new item:

``Sec. 420. Biometric exit data system.''.

SEC. 9. 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. 10. ADDITIONAL U.S. CUSTOMS AND BORDER PROTECTION PERSONNEL.

    (a) Border Patrol Agents.--Not later than September 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 coordinators.
    (b) CBP Officers.--In addition to positions authorized 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 
officers to maintain an active duty presence of--
            (1) not fewer than 27,725 full-time equivalent officers; 
        and
            (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 borders of the United States.
            (2) Use of canines.--The Commissioner shall prioritize the 
        use of K-9 units at the primary inspection lanes at land ports 
        of entry and checkpoints.
    (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 tunnel detection 
        technology;
            (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 Office of Intelligence.--Not 
later than September 30, 2025, the Commissioner shall hire, train, and 
assign sufficient 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.

SEC. 11. ANTI-BORDER CORRUPTION ACT REAUTHORIZATION.

    (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 inserting the following new subsections:
    ``(b) Waiver Authority.--The Commissioner of U.S. Customs and 
Border Protection may waive the application of subsection (a)(1)--
            ``(1) to a current, full-time law enforcement officer 
        employed by a State or local law enforcement agency who--
                    ``(A) has continuously served as a law enforcement 
                officer for not fewer than three years;
                    ``(B) is authorized by law to engage in or 
                supervise the prevention, detection, investigation, or 
                prosecution of, or the incarceration of any person for, 
                any violation of law, and has statutory powers for 
                arrest or apprehension;
                    ``(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 officer position; and
                    ``(D) has, within the past ten years, successfully 
                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 enforcement 
        officer who--
                    ``(A) has continuously served as a law enforcement 
                officer for not fewer than three years;
                    ``(B) is authorized to make arrests, conduct 
                investigations, conduct searches, make seizures, carry 
                firearms, and serve orders, warrants, and other 
                processes;
                    ``(C) is not currently under investigation, has not 
                been found to have engaged in criminal activity or 
                serious misconduct, has not resigned from a law 
                enforcement officer position under investigation or in 
                lieu of termination, and has not been dismissed from a 
                law enforcement officer position; and
                    ``(D) holds a current Tier 4 background 
                investigation or current Tier 5 background 
                investigation; and
            ``(3) to a member of the Armed Forces (or a reserve 
        component thereof) or a veteran, if such individual--
                    ``(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/Sensitive 
                Compartmented Information clearance;
                    ``(C) holds, or has undergone within the past five 
                years, a current Tier 4 background investigation or 
                current Tier 5 background investigation;
                    ``(D) received, or is eligible to receive, an 
                honorable discharge from service in the Armed Forces 
                and has not engaged in criminal activity or committed a 
                serious military or civil offense under the Uniform 
                Code of Military Justice; and
                    ``(E) was not granted any waivers to obtain the 
                clearance referred to in subparagraph (B).
    ``(c) Termination of Waiver Authority.--The authority to issue a 
waiver under subsection (b) shall terminate on the date that is four 
years after the date of the enactment of the Border Security for 
America Act of 2021.''.
    (b) Supplemental Commissioner Authority and Definitions.--
            (1) Supplemental commissioner authority.--The Anti-Border 
        Corruption Act of 2010 is amended by adding at the end the 
        following new section:

``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 individual 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.
    ``(c) Administration of Polygraph Examination.--The Commissioner of 
U.S. Customs and Border Protection is authorized to administer a 
polygraph examination to an applicant or employee who is eligible for 
or receives a waiver under section 3(b) if information is discovered 
before the completion of a background investigation that results in a 
determination that a polygraph examination is necessary to make a final 
determination regarding suitability for employment or continued 
employment, 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 section:

``SEC. 6. REPORTING.

    ``(a) Annual Report.--Not later than one year after the date of the 
enactment of this section and annually 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;
            ``(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 received 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. Customs 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 employment 
        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 
        pursuant to section 3(b).''.
            (3) Definitions.--The Anti-Border Corruption Act of 2010, 
        as amended by paragraphs (1) and (2), is further amended by 
        adding at the end the following 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 offense 
                under the Manual for Court-Martial, as pursuant to Army 
                Regulation 635-200, chapter 14-12.
            ``(3) Tier 4; tier 5.--The terms `Tier 4' and `Tier 5' with 
        respect to background investigations have the meaning given 
        such terms under the 2012 Federal Investigative Standards.
            ``(4) Veteran.--The term `veteran' has the meaning given 
        such term in section 101(2) of title 38, United States Code.''.
    (c) Polygraph Examiners.--Not later than September 30, 2025, the 
Secretary shall increase to not fewer than 150 the number of trained 
full-time equivalent polygraph examiners for administering polygraphs 
under the Anti-Border Corruption Act of 2010, as amended by this 
section.

SEC. 12. ESTABLISHMENT OF WORKLOAD STAFFING MODELS 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 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 Security Act of 2002 (6 U.S.C. 211), is 
amended--
            (1) by redesignating paragraphs (18) and (19) as paragraphs 
        (20) and (21), respectively; and
            (2) by inserting after paragraph (17) the following new 
        paragraphs:
            ``(18) implement a staffing model that includes 
        consideration for essential frontline operator activities and 
        functions, variations in operating environments, 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 Operations, 
        to manage and assign personnel of such entities to ensure field 
        and support posts possess adequate resources to carry out 
        duties specified in this section;
            ``(19) develop standard operating procedures for a 
        workforce tracking system within the U.S. Border Patrol, Air 
        and Marine Operations, and the Office of Field Operations, 
        train the workforce of each of such entities on the use, 
        capabilities, and purpose of such system, and implement 
        internal controls to ensure timely and accurate scheduling and 
        reporting of actual completed work hours and activities;''.
    (c) Report.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this section with respect to subsection (a) 
        and paragraphs (18) and (19) of section 411(c) of the Homeland 
        Security Act of 2002 (as amended by subsection (b)), and 
        annually thereafter with respect to such paragraphs (18) and 
        (19), the Secretary shall submit to the appropriate 
        congressional committees a report that includes 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 required.--Each report 
        required under paragraph (1) shall include information relating 
        to the data sources and methodology used to generate such 
        staffing models.
    (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 
congressional 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 General's February 
        2019 audit; and
            (2) any further recommendations to improve such model.
    (e) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional 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. 13. OPERATION STONEGARDEN.

    (a) In General.--Subtitle A of title XX of the Homeland Security 
Act of 2002 (6 U.S.C. 601 et seq.) is amended by adding at the end the 
following new section:

``SEC. 2009A. OPERATION STONEGARDEN.

    ``(a) Establishment.--There is established in the Department a 
program to be known as `Operation Stonegarden', under which the 
Secretary, acting through the Administrator, shall make grants to 
eligible law enforcement agencies, through the State administrative 
agency, to enhance border security in accordance with this section.
    ``(b) Eligible Recipients.--To be eligible to receive a grant under 
this section, a law enforcement agency--
            ``(1) shall be located in--
                    ``(A) a State bordering Canada or Mexico; or
                    ``(B) a State or territory with a maritime border; 
                and
            ``(2) shall be involved in an active, ongoing, U.S. Customs 
        and Border Protection operation coordinated through a U.S. 
        Border Patrol sector office.
    ``(c) Permitted Uses.--The recipient of a grant under this section 
may use such grant for--
            ``(1) equipment, including maintenance and sustainment 
        costs;
            ``(2) personnel, including overtime and backfill, in 
        support of enhanced border law enforcement activities;
            ``(3) any activity permitted for Operation Stonegarden 
        under the most recent fiscal year Department of Homeland 
        Security's Homeland Security Grant Program Notice of Funding 
        Opportunity; and
            ``(4) any other appropriate activity, as determined by the 
        Administrator, in consultation with the Commissioner of U.S. 
        Customs and Border Protection.
    ``(d) Period of Performance.--The Secretary shall award grants 
under this section to grant recipients for a period of not less than 36 
months.
    ``(e) Report.--For each of fiscal years 2022 through 2026, the 
Administrator 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 contains information 
on the expenditure of grants made under this section by each grant 
recipient.
    ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated $110,000,000 for each of fiscal years 2022 through 2026 
for grants under this section.''.
    (b) Conforming Amendment.--Subsection (a) of section 2002 of the 
Homeland Security Act of 2002 (6 U.S.C. 603) is amended to read as 
follows:
    ``(a) Grants Authorized.--The Secretary, through the Administrator, 
may award grants under sections 2003, 2004, 2009, and 2009A to State, 
local, and Tribal governments, as appropriate.''.
    (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 2009 the following new item:

``Sec. 2009A. Operation Stonegarden.''.

SEC. 14. 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 Marine Operations of CBP.
    (b) Unmanned Aircraft Systems.--The Secretary, 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 priority to support missions 
        outlined under paragraph (1).
    (d) High Demand Flight Hour Requirements.--The Commissioner shall 
ensure that U.S. Border Patrol Sector Chiefs--
            (1) identify air support mission-critical hours; and
            (2) direct Air and Marine Operations to support 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. Border 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 operational 
                requirements of the U.S. Border Patrol; and
                    (B) achieving situational awareness and operational 
                control (as such term is defined in section 2(b) of the 
                Secure Fence Act of 2006 (Public Law 109-367; 8 U.S.C. 
                1701 note)).
            (2) Coordination.--In carrying out paragraph (1), the Chief 
        of the U.S. Border Patrol shall coordinate--
                    (A) flight operations with the Administrator of the 
                Federal Aviation Administration to ensure the safe and 
                efficient operation of the National Airspace System; 
                and
                    (B) with the Executive Assistant Commissioner for 
                Air and Marine Operations of CBP to--
                            (i) ensure the safety of other CBP aircraft 
                        flying in the vicinity of small unmanned 
                        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 aircraft system 
                (as such term is defined in section 44801 of title 49, 
                United States Code) requirements pursuant to subsection 
                (f) of section 14 of the Border Security for America 
                Act of 2021; and''.
    (g) Savings Clause.--Nothing in this section shall confer, 
transfer, or delegate to the Secretary, the Commissioner, the Executive 
Assistant Commissioner for Air and Marine Operations of CBP, or the 
Chief of the U.S. Border Patrol any authority of the Secretary of 
Transportation or the Administrator of the Federal Aviation 
Administration 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)).

SEC. 15. ERADICATION OF CARRIZO CANE AND SALT CEDAR.

    (a) In General.--Not later than September 30, 2026, 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 impedes 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 4 of this Act, 
shall extend to activities carried out pursuant to subsection (a).

SEC. 16. BORDER PATROL STRATEGIC PLAN.

    (a) In General.--Not later than one year after the date of 
enactment of this section and every five years thereafter, 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.
    (b) Elements.--The plan shall include the following:
            (1) A consideration of Border Patrol Capability Gap 
        Analysis reporting, Border Security Improvement Plans, and any 
        other strategic document authored by the U.S. Border Patrol to 
        address security 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. Border Patrol 
        to--
                    (A) increase situational awareness, including--
                            (i) surveillance capabilities, such as 
                        capabilities developed or utilized by the 
                        Department of Defense, and any appropriate 
                        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 instruments 
                of terrorism from entering the United States;
                    (C) detect, interdict, and disrupt human smuggling, 
                human trafficking, drug trafficking and other illicit 
                cross-border activity;
                    (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 Department 
        with respect to operational coordination, including any 
        relevant task forces of the Department.
            (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 relating to 
        information sharing with State, local, Tribal, territorial, and 
        other Federal law enforcement agencies that have jurisdiction 
        on the border.
            (7) Information relating to border security information 
        received from--
                    (A) State, local, Tribal, territorial, and other 
                Federal law enforcement agencies that have jurisdiction 
                on the border or in the maritime environment; and
                    (B) border community stakeholders, including 
                representatives from--
                            (i) border agricultural and ranching 
                        organizations; and
                            (ii) business and civic organizations.
            (8) Information relating to the staffing requirements with 
        respect to border security for the Department.
            (9) A prioritized list of Department research and 
        development objectives to enhance the security of the southern 
        border.
            (10) An assessment of training programs, including such 
        programs relating to--
                    (A) identifying and detecting fraudulent documents;
                    (B) understanding the scope of CBP enforcement 
                authorities and appropriate use of force policies; and
                    (C) screening, identifying, and addressing 
                vulnerable populations, such as children and victims of 
                human trafficking.

SEC. 17. HOMELAND SECURITY INVESTIGATIONS INNOVATION 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 Director of United States Immigration and 
        Customs Enforcement, 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. 
Innovation Lab efforts shall be informed by designated field agents and 
analysts with relevant experience.
    ``(c) Co-Location.--The Secretary shall, if practicable, 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 partnerships), 
        including developers with specializations in innovative and 
        emerging technology, backend architecture, or user interface 
        design.
            ``(4) Academic institutions (through advisory 
        partnerships), including members from the Department of 
        Homeland Security Centers of Excellence.
    ``(e) Prioritization.--The Innovation Lab shall prioritize new 
projects based on communicated investigative challenges experienced by 
each Homeland Security Investigations field office. Such communication 
may be incorporated 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 2022 and $27,700,000 for 
fiscal year 2023 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. 18. INTEGRATED BORDER ENFORCEMENT TEAMS.

    (a) In General.--Subtitle D 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. 447. INTEGRATED BORDER ENFORCEMENT TEAMS.

    ``(a) Establishment.--There is established within the Department a 
program to be known as the Integrated Border Enforcement Team program 
(referred to in this section as `IBET') for the purposes described in 
subsection (b).
    ``(b) Purposes.--The purposes described in this subsection are the 
following:
            ``(1) Enhance cooperation between the United States and 
        Canada with respect to border security.
            ``(2) Enhance security between designated ports of entry.
            ``(3) Detect, investigate, prevent, and respond to 
        terrorism, transnational criminal organizations, and other 
        violations of law related to border security.
            ``(4) Facilitate collaboration among components and offices 
        within the Department and international partners.
            ``(5) Execute coordinated activities in furtherance of 
        border security and homeland security.
            ``(6) Enhance information sharing, including the 
        dissemination of homeland security information among such 
        components and offices of the Department and international 
        partners.
    ``(c) Composition and Establishment of Units.--
            ``(1) Composition.--IBET units may be composed of personnel 
        from the following:
                    ``(A) U.S. Customs and Border Protection.
                    ``(B) U.S. Immigration and Customs Enforcement, led 
                by Homeland Security Investigations.
                    ``(C) Other Department personnel, as appropriate.
                    ``(D) Other Federal, State, local, Tribal, and 
                foreign law enforcement agencies, as appropriate.
                    ``(E) Other appropriate personnel at the discretion 
                of the Secretary.
            ``(2) Establishment of units.--
                    ``(A) In general.--The Secretary may establish IBET 
                units in regions in which such units can contribute to 
                the purpose of IBET.
                    ``(B) Assessment.--Prior to establishing an IBET 
                unit pursuant to subparagraph (A), the Secretary shall 
                assess the establishment of such unit in a particular 
                region with the following criteria:
                            ``(i) The likelihood that the establishment 
                        of such unit in such region would significantly 
                        mitigate cross-border threats, including such 
                        threats posed by transnational criminal 
                        organizations and terrorist groups.
                            ``(ii) The availability of Federal, State, 
                        local, Tribal, and foreign law enforcement 
                        resources to participate in such unit.
                            ``(iii) Whether the establishment of such 
                        unit would duplicate the efforts of existing 
                        interagency task forces or centers within such 
                        region, including the Border Enforcement 
                        Security Task Force established under section 
                        432.
    ``(d) Operation.--After establishing an IBET unit pursuant to 
paragraph (2) of subsection (c), the Secretary may--
            ``(1) direct the assignment of Federal personnel to such 
        unit;
            ``(2) take other actions to assist Federal, State, local, 
        and Tribal entities to participate in such unit, including 
        providing financial assistance for operational, administrative, 
        and technological costs associated with such participation;
            ``(3) direct the development of policy and guidance 
        necessary to identify, assess, and integrate the available 
        partner resources in relevant border sector security 
        assessments and resource planning documents;
            ``(4) establish targets and performance measures for such 
        unit; and
            ``(5) direct leadership of such unit to monitor the 
        progress with respect to such targets and performance measures.
    ``(e) Coordination.--The Secretary shall coordinate IBET activities 
with other similar border security and antiterrorism programs within 
the Department in accordance with the strategic objectives of the 
Cross-Border Law Enforcement Advisory Committee.
    ``(f) Memoranda of Understanding.--The Secretary may enter into 
memoranda of understanding with appropriate representatives of the 
entities specified in paragraph (1) of subsection (c), as necessary, to 
carry out this section.
    ``(g) Report.--Not later than 180 days after the date on which IBET 
is established and biannually thereafter for the following six years, 
the Secretary 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--
            ``(1) describes the effectiveness of IBET units in 
        fulfilling the purposes specified in subsection (b);
            ``(2) identifies challenges on the sustainment of cross-
        border IBET operations, including challenges faced by 
        international partners, and planned corrective actions;
            ``(3) identifies costs associated with IBET units 
        disaggregated by relevant categories designated at the 
        discretion of the Secretary;
            ``(4) identifies ways to support joint training for IBET 
        stakeholder agencies and radio interoperability to allow for 
        secure cross-border radio communications; and
            ``(5) identifies and assesses ways IBET, Border Tunnel Task 
        Forces, Border Enforcement Security Task Forces, and the 
        Integrated Cross-Border Maritime Law Enforcement Operation 
        Program can better align operations, including interdiction and 
        investigation activities.''.
    (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 446 the following new item:

``Sec. 447. Integrated Border Enforcement Teams.''.

SEC. 19. DNA COLLECTION CONSISTENT WITH FEDERAL LAW.

    Not later than 14 days after the date of the enactment of this 
section, the Secretary shall ensure and certify to the Committee on 
Homeland Security of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Senate that CBP is 
fully compliant with the DNA Fingerprint Act of 2005 (Public Law 109-
162; 119 Stat. 3084) at all border facilities that process adults, 
including as part of a family unit, in the custody of CBP at the 
border.
                                 <all>