Border Reinforcement Act of 2023

IB Union Calendar No. 29 118TH CONGRESS 1ST SESSION H. R. 2794 [Report No. 118–45, Part I] To secure the international borders of the United States, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 24, 2023 Mr. GREEN of Tennessee (for himself, Mr. HIGGINS of Louisiana, Mr. MCCAUL, Mr. GUEST, Mr. BISHOP of North Carolina, Mr. GIMENEZ, Mr. PFLUGER, Mr. GARBARINO, Mr. LALOTA, Mr. EZELL, Mr. D’ESPOSITO, Mr. STRONG, Mr. BRECHEEN, Mr. CRANE, Ms. GREENE of Georgia, Mr. TONY GONZALES of Texas, Mr. LUTTRELL, and Ms. LEE of Florida) in- troduced the following bill; which was referred to the Committee on Homeland Security, and in addition to the Committees on Ways and Means, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall with- in the jurisdiction of the committee concerned MAY 5, 2023 Additional sponsors: Mr. ELLZEY, Mr. RESCHENTHALER, Mr. EDWARDS, Mr. BEAN of Florida, Mr. NEHLS, Mr. SESSIONS, and Mr. PENCE MAY 5, 2023 Reported from the Committee on Homeland Security with an amendment [Strike out all after the enacting clause and insert the part printed in italic] MAY 5, 2023 Committees on Ways and Means and the Judiciary discharged; committed to the Committee of the Whole House on the State of the Union and or- dered to be printed [For text of introduced bill, see copy of bill as introduced on April 24, 2023] VerDate Sep 11 2014 22:22 May 05, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H2794.RH H2794 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 2794 RH A BILL To secure the international borders of the United States, and for other purposes. VerDate Sep 11 2014 22:22 May 05, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H2794.RH H2794 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 2794 RH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Border Reinforcement Act of 2023’’. 5 (b) TABLE OF CONTENTS.—The table of contents for 6 this Act is as follows: 7 Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Border wall construction. Sec. 4. Strengthening the requirements for barriers along the southern border. Sec. 5. Border and port security technology investment plan. Sec. 6. Border security technology program management. Sec. 7. U.S. Customs and Border Protection technology upgrades. Sec. 8. U.S. Customs and Border Protection personnel. Sec. 9. Anti-Border Corruption Act reauthorization. Sec. 10. Establishment of workload staffing models for U.S. Border Patrol and Air and Marine Operations of CBP. Sec. 11. Operation Stonegarden. Sec. 12. Air and Marine Operations flight hours. Sec. 13. Eradication of carrizo cane and salt cedar. Sec. 14. Border patrol strategic plan. Sec. 15. U.S. Customs and Border Protection spiritual readiness. Sec. 16. Restrictions on funding. Sec. 17. Collection of DNA and biometric information at the border. Sec. 18. Eradication of narcotic drugs and formulating effective new tools to ad- dress yearly losses of life; ensuring timely updates to U.S. Cus- toms and Border Protection field manuals. Sec. 19. Publication by U.S. Customs and Border Protection of operational statis- tics. Sec. 20. Alien criminal background checks. Sec. 21. Prohibited identification documents at airport security checkpoints; noti- fication to immigration agencies. Sec. 22. Prohibition against any COVID–19 vaccine mandate or adverse action against DHS employees. Sec. 23. CBP One app limitation. Sec. 24. Report on designation of Mexican cartels as foreign terrorist organiza- tions. Sec. 25. GAO study on costs incurred by States to secure the southwest border. Sec. 26. Report by Inspector General of the Department of Homeland Security. Sec. 27. Offsetting authorizations of appropriations. Sec. 28. Report to Congress on foreign terrorist organizations. Sec. 29. Assessment by Inspector General of the Department of Homeland Secu- rity on the mitigation of unmanned aircraft systems at the southwest border. VerDate Sep 11 2014 22:22 May 05, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6213 E:\BILLS\H2794.RH H2794 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 2794 RH SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) CBP.—The term ‘‘CBP’’ means U.S. Cus- 3 toms and Border Protection. 4 (2) COMMISSIONER.—The term ‘‘Commissioner’’ 5 means the Commissioner of U.S. Customs and Border 6 Protection. 7 (3) DEPARTMENT.—The term ‘‘Department’’ 8 means the Department of Homeland Security. 9 (4) OPERATIONAL CONTROL.—The term ‘‘oper- 10 ational control’’ has the meaning given such term in 11 section 2(b) of the Secure Fence Act of 2006 (Public 12 Law 109–367; 8 U.S.C. 1701 note). 13 (5) SECRETARY.—The term ‘‘Secretary’’ means 14 the Secretary of Homeland Security. 15 (6) SITUATIONAL AWARENESS.—The term ‘‘situa- 16 tional awareness’’ has the meaning given such term 17 in section 1092(a)(7) of the National Defense Author- 18 ization Act for Fiscal Year 2017 (Public Law 114– 19 328; 6 U.S.C. 223(a)(7)). 20 (7) UNMANNED AIRCRAFT SYSTEM.—The term 21 ‘‘unmanned aircraft system’’ has the meaning given 22 such term in section 44801 of title 49, United States 23 Code. 24 SEC. 3. BORDER WALL CONSTRUCTION. 25 (a) IN GENERAL.— 26 VerDate Sep 11 2014 22:22 May 05, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H2794.RH H2794 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 2794 RH (1) IMMEDIATE RESUMPTION OF BORDER WALL 1 CONSTRUCTION.—Not later than seven days after the 2 date of the enactment of this section, the Secretary 3 shall resume all activities related to the construction 4 of the border wall along the international border be- 5 tween the United States and Mexico that were under- 6 way or being planned for prior to January 20, 2021. 7 (2) USE OF FUNDS.—To carry out this section, 8 the Secretary shall expend all unexpired funds appro- 9 priated or explicitly obligated for the construction of 10 the border wall that were appropriated or obligated, 11 as the case may be, for use beginning on October 1, 12 2019. 13 (3) USE OF MATERIALS.—Any unused materials 14 purchased before the date of the enactment of this sec- 15 tion for construction of the border wall may be used 16 for activities related to the construction of the border 17 wall in accordance with paragraph (1). 18 (b) PLAN TO COMPLETE TACTICAL INFRASTRUCTURE 19 AND TECHNOLOGY.—Not later than 90 days after the date 20 of the enactment of this section and annually thereafter 21 until construction of the border wall has been completed, 22 the Secretary shall submit to the appropriate congressional 23 committees an implementation plan, including annual 24 benchmarks for the construction of 200 miles of such wall 25 VerDate Sep 11 2014 22:22 May 05, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H2794.RH H2794 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 2794 RH and associated cost estimates for satisfying all requirements 1 of the construction of the border wall, including installation 2 and deployment of tactical infrastructure, technology, and 3 other elements as identified by the Department prior to 4 January 20, 2021, through the expenditure of funds appro- 5 priated or explicitly obligated, as the case may be, for use, 6 as well as any future funds appropriated or otherwise made 7 available by Congress. 8 (c) DEFINITIONS.—In this section: 9 (1) APPROPRIATE CONGRESSIONAL COMMIT- 10 TEES.—The term ‘‘appropriate congressional commit- 11 tees’’ means the Committee on Homeland Security 12 and the Committee on Appropriations of the House of 13 Representatives and the Committee on Homeland Se- 14 curity and Governmental Affairs and the Committee 15 on Appropriations of the Senate. 16 (2) TACTICAL INFRASTRUCTURE.—The term 17 ‘‘tactical infrastructure’’ includes boat ramps, access 18 gates, checkpoints, lighting, and roads associated with 19 a border wall. 20 (3) TECHNOLOGY.—The term ‘‘technology’’ in- 21 cludes border surveillance and detection technology, 22 including linear ground detection systems, associated 23 with a border wall. 24 VerDate Sep 11 2014 22:22 May 05, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H2794.RH H2794 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 2794 RH SEC. 4. STRENGTHENING THE REQUIREMENTS FOR BAR- 1 RIERS ALONG THE SOUTHERN BORDER. 2 Section 102 of the Illegal Immigration Reform and 3 Immigrant Responsibility Act of 1996 (Division C of Public 4 Law 104–208; 8 U.S.C. 1103 note) is amended— 5 (1) by amending subsection (a) to read as fol- 6 lows: 7 ‘‘(a) IN GENERAL.—The Secretary of Homeland Secu- 8 rity shall take such actions as may be necessary (including 9 the removal of obstacles to detection of illegal entrants) to 10 design, test, construct, install, deploy, integrate, and oper- 11 ate physical barriers, tactical infrastructure, and tech- 12 nology in the vicinity of the southwest border to achieve 13 situational awareness and operational control of the south- 14 west border and deter, impede, and detect unlawful activ- 15 ity.’’; 16 (2) in subsection (b)— 17 (A) in the subsection heading, by striking 18 ‘‘FENCING AND ROAD IMPROVEMENTS’’ and in- 19 serting ‘‘PHYSICAL BARRIERS’’; 20 (B) in paragraph (1)— 21 (i) in the heading, by striking ‘‘FENC- 22 ING’’ and inserting ‘‘BARRIERS’’; 23 (ii) by amending subparagraph (A) to 24 read as follows: 25 VerDate Sep 11 2014 22:22 May 05, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H2794.RH H2794 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 2794 RH ‘‘(A) REINFORCED BARRIERS.—In carrying 1 out this section, the Secretary of Homeland Se- 2 curity shall construct a border wall, including 3 physical barriers, tactical infrastructure, and 4 technology, along not fewer than 900 miles of the 5 southwest border until situational awareness and 6 operational control of the southwest border is 7 achieved.’’; 8 (iii) by amending subparagraph (B) to 9 read as follows: 10 ‘‘(B) PHYSICAL BARRIERS AND TACTICAL 11 INFRASTRUCTURE.—In carrying out this section, 12 the Secretary of Homeland Security shall deploy 13 along the southwest border the most practical 14 and effective physical barriers, tactical infra- 15 structure, and technology available for achieving 16 situational awareness and operational control of 17 the southwest border.’’; 18 (iv) in subparagraph (C)— 19 (I) by amending clause (i) to read 20 as follows: 21 ‘‘(i) IN GENERAL.—In carrying out 22 this section, the Secretary of Homeland Se- 23 curity shall consult with the Secretary of 24 the Interior, the Secretary of Agriculture, 25 VerDate Sep 11 2014 22:22 May 05, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H2794.RH H2794 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HR 2794 RH appropriate representatives of State, Tribal, 1 and local governments, and appropriate 2 private property owners in the United 3 States to minimize the impact on natural 4 resources, commerce, and sites of historical 5 or cultural significance for the communities 6 and residents located near the sites at which 7 physical barriers, tactical infrastructure, 8 and technology are to be constructed. Such 9 consultation may not delay such construc- 10 tion for longer than seven days.’’; and 11 (II) in clause (ii)— 12 (aa) in subclause (I), by 13 striking ‘‘or’’ after the semicolon 14 at the end; 15 (bb) by amending subclause 16 (II) to read as follows: 17 ‘‘(II) delay the transfer to the 18 United States of the possession of prop- 19 erty or affect the validity of any prop- 20 erty acquisition by the United States 21 by purchase or eminent domain, or to 22 otherwise affect the eminent domain 23 laws of the United States or of any 24 State; or’’; and 25 VerDate Sep 11 2014 22:22 May 05, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H2794.RH H2794 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •HR 2794 RH (cc) by adding at the end the 1 following new subclause: 2 ‘‘(III) create any right or liability 3 for any party.’’; and 4 (v) by striking subparagraph (D); 5 (C) in paragraph (2)— 6 (i) by striking ‘‘Attorney General’’ and 7 inserting ‘‘Secretary of Homeland Secu- 8 rity’’; 9 (ii) by striking ‘‘this subsection’’ and 10 inserting ‘‘this section’’; and 11 (iii) by striking ‘‘construction of 12 fences’’ and inserting ‘‘the construction of 13 physical barriers, tactical infrastructure, 14 and technology’’; 15 (D) by amending paragraph (3) to read as 16 follows: 17 ‘‘(3) AGENT SAFETY.—In carrying out this sec- 18 tion, the Secretary of Homeland Security, when de- 19 signing, testing, constructing, installing, deploying, 20 integrating, and operating physical barriers, tactical 21 infrastructure, or technology, shall incorporate such 22 safety features into such design, test, construction, in- 23 stallation, deployment, integration, or operation of 24 such physical barriers, tactical infrastructure, or tech- 25 VerDate Sep 11 2014 22:22 May 05, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H2794.RH H2794 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •HR 2794 RH nology, as the case may be, that the Secretary deter- 1 mines are necessary to maximize the safety and effec- 2 tiveness of officers and agents of the Department of 3 Homeland Security or of any other Federal agency 4 deployed in the vicinity of such physical barriers, tac- 5 tical infrastructure, or technology.’’; and 6 (E) in paragraph (4), by striking ‘‘this sub- 7 section’’ and inserting ‘‘this section’’; 8 (3) in subsection (c)— 9 (A) by amending paragraph (1) to read as 10 follows: 11 ‘‘(1) IN GENERAL.—Notwithstanding any other 12 provision of law, the Secretary of Homeland Security 13 shall waive all legal requirements necessary to ensure 14 the expeditious design, testing, construction, installa- 15 tion, deployment, integration, operation, and mainte- 16 nance of the physical barriers, tactical infrastructure, 17 and technology under this section. The Secretary shall 18 ensure the maintenance and effectiveness of such 19 physical barriers, tactical infrastructure, or tech- 20 nology. Any such action by the Secretary shall be ef- 21 fective upon publication in the Federal Register.’’; 22 (B) by redesignating paragraph (2) as 23 paragraph (3); and 24 VerDate Sep 11 2014 22:22 May 05, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H2794.RH H2794 pbinns on DSKJLVW7X2PROD with $$_JOB 12 •HR 2794 RH (C) by inserting after paragraph (1) the fol- 1 lowing new paragraph: 2 ‘‘(2) NOTIFICATION.—Not later than seven days 3 after the date on which the Secretary of Homeland 4 Security exercises a waiver pursuant [Text truncated for display. Full text available on Congress.gov.]