[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1600 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1600
Making further supplemental appropriations for the fiscal year ending
September 30, 2023, for border management activities, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 15, 2023
Mr. Durbin (for himself, Mr. Peters, Mr. Brown, Mr. Heinrich, Mr.
Lujan, Mr. Padilla, Mr. Carper, Ms. Cortez Masto, Mr. King, Ms.
Klobuchar, Ms. Rosen, Ms. Baldwin, and Mr. Bennet) introduced the
following bill; which was read twice and referred to the Committee on
Appropriations
_______________________________________________________________________
A BILL
Making further supplemental appropriations for the fiscal year ending
September 30, 2023, for border management activities, 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.
This Act may be cited as the ``Border Management, Security, and
Assistance Act of 2023''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
DIVISION A--BORDER MANAGEMENT SUPPLEMENTAL APPROPRIATIONS ACT, 2023
DIVISION B--BORDER PROCEDURES AND IMPROVEMENTS ACT
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
DIVISION A--BORDER MANAGEMENT SUPPLEMENTAL APPROPRIATIONS ACT, 2023
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2023, and for other purposes, namely:
TITLE I
DEPARTMENT OF JUSTICE
Executive Office for Immigration Review
For an additional amount for ``Executive Office for Immigration
Review'', $95,000,000, to remain available until September 30, 2024:
Provided, That of the amounts made available under this heading,
$60,000,000 shall be for new Immigration Judge Teams, including travel,
salaries, rental space, and support staff; $10,000,000 shall be for
Information Technology improvements and modernization and other
efficiencies, including digitizing records and providing remote
capabilities for proceedings; $22,000,000 shall be for covering
expenses related to supporting weekend adjudications; and $3,000,000
shall be for services and activities provided by the Legal Orientation
Program.
Legal Activities
salaries and expenses, general legal activities
For an additional amount for ``Salaries and Expenses, General Legal
Activities'', $21,873,000, to remain available until expended:
Provided, That of the amounts made available under this heading,
$7,373,000 shall be to support the Criminal Division's Joint Task Force
Alpha; $1,300,000 shall be for the Civil Division's Office of
Immigration Litigation, District Courts section, to be used for
immediate litigation related to Southwest border enforcement; and
$13,200,000 shall be for the Civil Division's Office of Immigration
Litigation, Appellate section, to be used for personnel and additional
litigation needs related to Southwest border enforcement.
salaries and expenses, united states attorneys
For an additional amount for ``Salaries and Expenses, United States
Attorneys'', $47,000,000, to remain available until September 30, 2025,
for necessary expenses for increased law enforcement activities related
to Southwest border enforcement: Provided, That no funds shall be used
to prosecute an alien pursuant to section 275 or 276 of the Immigration
and Nationality Act (8 U.S.C. 1325 or 8 U.S.C. 1326), if such alien has
a pending claim for protection, has received a positive adjudication of
such claim, or is subject to an administrative or judicial appeal or
process.
United States Marshals Service
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$50,100,000, to remain available until September 30, 2024, for
necessary expenses for increased law enforcement activities related to
Southwest border enforcement.
federal prisoner detention
For an additional amount for ``Federal Prisoner Detention'',
$150,000,000, to remain available until expended.
Federal Bureau of Investigation
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$160,000,000: Provided, That of the amounts made available under this
heading, $2,550,000, to remain available until September 30, 2024,
shall be to acquire additional DNA kits related to Southwest border
enforcement and $157,450,000, to remain available until September 30,
2025, shall be for analysis of DNA samples received from the Department
of Homeland Security related to Southwest border enforcement.
Drug Enforcement Administration
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$68,400,000, to remain available until September 30, 2025, for
necessary expenses for increased law enforcement activities related to
Southwest border enforcement.
State and Local Law Enforcement Activities
Office of Justice Programs
state and local law enforcement assistance
For an additional amount for ``State and Local Law Enforcement
Assistance'', $13,000,000, to remain available until September 30,
2024: Provided, That of the amounts made available under this heading,
$3,000,000 shall be for small, rural, and Tribal law enforcement
agencies in jurisdictions along or near the Southwest border for grants
authorized under the Missing Persons and Unidentified Remains Act of
2019 (Public Law 116-277) and $10,000,000 shall be for a rural violent
crime initiative to support the investigation and prosecution of
violent crime for State, local, and Tribal governments for
jurisdictions located within 100 miles of the Southwest border.
TITLE II
DEPARTMENT OF DEFENSE
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$135,000,000 for necessary expenses related to Southwest border
activities.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$116,000,000 for necessary expenses related to Southwest border
activities.
TITLE III
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
operations and support
(including transfer of funds)
For an additional amount for ``Operations and Support'' for
necessary expenses to respond to the rise in noncitizen arrivals at the
southwest border and related activities, $2,888,968,000, to remain
available until September 30, 2024: Provided, That of the amounts made
available under this heading, $1,950,000,000 shall be transferred to
``Federal Emergency Management Agency--Federal Assistance'' for the
Shelter and Services Program to support sheltering and related
activities provided by non-Federal entities, including construction and
facility improvements: Provided further, That of the amounts made
available under this heading, $603,520,000 shall be for establishing
and operating temporary processing facilities, including auxiliary
facilities to increase processing capacity at ports of entry along the
southwest border while supporting trade facilitation and travel;
$67,655,000 shall be for temporary duty, overtime costs, and volunteer
force; $57,025,000 shall be for transportation; $56,000,000 shall be
for mission support data systems and analysis; $53,150,000 shall be for
contract support for intake processing and data entry; $51,000,000
shall be for additional Customs and Border Protection Officers;
$28,618,000 shall be for caregivers and medical care; $11,000,000 shall
be for employee wellness; and $11,000,000 shall be for employee
retention.
procurement, construction, and improvements
For an additional amount for ``Procurement, Construction, and
Improvements'' for improving security at and between ports of entry
along the southwest border, $1,130,000,000, to remain available until
September 30, 2025: Provided, That of the amounts made available under
this heading, $700,000,000 shall be for additional non-intrusive
inspection equipment to increase scanning of vehicles and $430,000,000
shall be for the acquisition and deployment of innovative border
security technology, including for surveillance, such as mobile and
fixed towers, unmanned aerial technology, subterranean detection
capabilities, and other technologies to assist with search and rescue
detection.
U.S. Immigration and Customs Enforcement
operations and support
For an additional amount for ``Operations and Support'' for
necessary expenses to respond to the rise in noncitizen arrivals at the
southwest border and related activities, $960,000,000, to remain
available until September 30, 2024: Provided, That of the amounts made
available under this heading, $553,420,000 shall be for transportation
and removal; $127,000,000 shall be for alternatives to detention;
$13,000,000 shall be for additional technology and capacity to conduct
immigration proceedings while in custody and access counsel;
$36,000,000 shall be for Transportation Processing Coordinator
positions; $52,300,000 shall be for temporary duty, overtime, other on-
board personnel costs including reimbursements, and employee wellness;
$117,000,000 shall be to reimburse for noncitizen medical bills accrued
by third parties within seven days of release from custody, including
State, local, and emergency and first response; and $61,280,000 shall
be for Homeland Security Investigations trafficking investigations and
investigations related to Operation Blue Lotus.
U.S. Citizenship and Immigration Services
operations and support
For an additional amount for ``Operations and Support'' for
necessary expenses to respond to the rise in noncitizen arrivals at the
southwest border and related activities, $409,000,000, to remain
available until September 30, 2024: Provided, That of the amounts made
available under this heading, $210,000,000 shall be for the efficient
processing of asylum claims and related protection screenings;
$100,000,000 shall be for backlogs in the asylum system; and
$99,000,000 shall be for work authorization adjudications associated
with processes to adjudicate protection claims in a safe and orderly
way.
GENERAL PROVISIONS--THIS TITLE
Sec. 301. (a) Not later than 45 days after the date of enactment of
this Act, the Under Secretary for Management of the Department of
Homeland Security shall provide an expenditure plan for the use of the
funds made available in this title to the Committees on Appropriations
of the Senate and the House of Representatives.
(b) Such plan shall be updated to reflect changes and expenditures
and submitted to the Committees on Appropriations of the Senate and the
House of Representatives every 60 days until all funds are expended or
expired.
Sec. 302. (a) Not later than 180 days after the date of enactment
of this Act, the Under Secretary for Management of the Department of
Homeland Security, in coordination with the Federal Emergency
Management Agency and U.S. Customs and Border Protection, shall provide
a report to Congress on the Shelter and Services Program funds made
available in this title.
(b) Such plan shall include:
(1) award obligations;
(2) a description of the outreach to local communities and
non-governmental organizations receiving newly arrived
noncitizens;
(3) the program criteria and requirements suggested or
adapted in response to such outreach to ensure funding is
accessible and meeting the needs of local communities;
(4) a description of the program goals, policies, and
program structure;
(5) the award allocation methodology used by the Program
that depends to the greatest extent possible on available
border data; and
(6) outcome performance measures and results related to
achieving program goals.
TITLE IV
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
refugee and entrant assistance
For an additional amount for ``Refugee and Entrant Assistance'',
$1,000,000,000, to remain available until September 30, 2024, for
carrying out section 462 of the Homeland Security Act of 2002 and
section 235 of the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008, and for refugee and entrant assistance
activities authorized by section 414 of the Immigration and Nationality
Act and section 501 of the Refugee Education Assistance Act of 1980,
including for hiring additional Federal Field Specialists, increasing
and improving case management and case coordination services, and
increasing post-release services, legal services, and child advocate
services to ensure the physical and mental well-being of children in
and after release from the Office of Refugee Resettlement's care.
TITLE V
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
international disaster assistance
For an additional amount for ``International Disaster Assistance'',
$100,000,000, to remain available until expended, to respond to
humanitarian needs in countries in the Western Hemisphere, including
the provision of emergency food and shelter.
economic support fund
For an additional amount for ``Economic Support Fund'',
$150,000,000, to remain available until September 30, 2024, for
assistance for countries in the Western Hemisphere to address the root
causes of migration: Provided, That funds appropriated under this
heading in this Act may be made available as contributions.
Department of State
migration and refugee assistance
For an additional amount for ``Migration and Refugee Assistance'',
$500,000,000, to remain available until expended, to address
humanitarian needs in, and to assist migrants from, countries in the
Western Hemisphere.
TITLE VI
GENERAL PROVISIONS--THIS ACT
Sec. 601. Each amount appropriated or made available by this Act
is in addition to amounts otherwise appropriated for the fiscal year
involved.
Sec. 602. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 603. Unless otherwise provided for by this Act, the
additional amounts appropriated by this Act to appropriations accounts
shall be available under the authorities and conditions applicable to
such appropriations accounts for fiscal year 2023.
Sec. 604. Each amount provided by this division is designated by
the Congress as being for an emergency requirement pursuant to section
4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent
resolution on the budget for fiscal year 2022, and to legislation
establishing fiscal year 2024 budget enforcement in the House of
Representatives.
This division may be cited as the ``Border Management Supplemental
Appropriations Act, 2023''.
DIVISION B--BORDER PROCEDURES AND IMPROVEMENTS ACT
SEC. 1001. CONSEQUENCE DELIVERY.
(a) Enhanced Penalties for Organized Smuggling Schemes.--
(1) In general.--Section 274(a)(1)(B) of the Immigration
and Nationality Act (8 U.S.C. 1324(a)(1)(B)) is amended--
(A) by redesignating clauses (iii) and (iv) as
clauses (iv) and (v), respectively;
(B) by inserting after clause (ii) the following:
``(iii) in the case of a violation of
subparagraph (A)(i) during and in relation to
which the person, while acting for profit or
other financial gain, knowingly directs or
participates in an effort or scheme to assist
or cause 10 or more persons (other than a
parent, spouse, or child of the offender) to
enter or to attempt to enter the United States
at the same time at a place other than a
designated port of entry or place other than
designated by the Secretary, be fined under
title 18, United States Code, imprisoned not
more than 15 years, or both;''; and
(C) in clause (iv), as redesignated, by inserting
``commits or attempts to commit sexual assault of,''
after ``section 1365 of title 18, United States Code)
to,''.
(2) Bulk cash smuggling.--Section 5332(b)(1) of title 31,
United States Code, is amended--
(A) in the paragraph heading, by striking ``Term of
imprisonment'' and inserting ``In general''; and
(B) by inserting ``, fined under title 18, or
both'' after ``5 years''.
(b) Enhanced Penalties for Illegal Spotting and Surveillance.--
(1) Immigration and nationality act.--The Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting
after section 274D the following:
``SEC. 274E. HINDERING IMMIGRATION, BORDER, AND CUSTOMS CONTROLS.
``(a) Illicit Spotting.--
``(1) In general.--It shall be unlawful to knowingly
surveil, track, monitor, or transmit the location, movement, or
activities of any officer or employee of a Federal, State, or
tribal law enforcement agency--
``(A) with the intent to gain financially; and
``(B) in furtherance of any violation of the
immigration laws, the customs and trade laws of the
United States (as defined in section 2 of the Trade
Facilitation and Trade Enforcement Act of 2015 (Public
Law 114-125)), any other Federal law relating to
transporting controlled substances, agriculture, or
monetary instruments into the United States, or any
Federal law relating to border controls measures of the
United States.
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined under title 18, United States Code, imprisoned for not
more than 5 years, or both.
``(b) Destruction of United States Border Controls.--
``(1) In general.--It shall be unlawful to knowingly and
without lawful authorization--
``(A) destroy or significantly damage any fence,
barrier, sensor, camera, or other physical or
electronic device deployed by the Federal Government to
control an international border of, or a port of entry
to, the United States; or
``(B) otherwise seek to construct, excavate, or
make any structure intended to defeat, circumvent or
evade such a fence, barrier, sensor camera, or other
physical or electronic device deployed by the Federal
Government to control an international border of, or a
port of entry to, the United States.
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined under title 18, United States Code, imprisoned for not
more than 5 years, or both.''.
(2) Clerical amendment.--The table of contents of such Act
(8 U.S.C. 1101 et seq.) is amended by inserting after the item
relating to section 274D the following:
``Sec. 274E. Hindering immigration, border, and customs controls.''.
SEC. 1002. STREAMLINING PROCESSING, ACCESS TO LAWFUL PATHWAYS, AND
REMOVALS.
(a) Electronic Notice To Appear and Immigration Court Notice.--
(1) In general.--Section 239(a) of the Immigration and
Nationality Act (8 U.S.C. 1229) is amended--
(A) in paragraph (1)--
(i) by inserting ``or by any other means
that the alien consented to in writing,
including by email or other electronic means,''
after ``by mail,'';
(ii) by amending subparagraph (F) to read
as follows:
``(F)(i) The requirement that the alien must
immediately provide (or have provided) the Attorney
General with a written record of an address, telephone
number (if any), and electronic means (if any) by which
the alien may be contacted respecting proceedings under
section 1229a of this title.
``(ii) The requirement that the alien must provide
the Attorney General immediately with a written record
of any change of the alien's contact information
described in clause (i).
``(iii) The consequences under section 1229a(b)(5)
of this title of failure to provide contact information
pursuant to this subparagraph.''; and
(iii) by amending subsection (c) to read as
follows:
``(c) Service.--
``(1) By mail.--Service by mail under this section shall be
sufficient if there is proof of attempted delivery of the
notice to appear to the last address provided by the alien in
accordance with subsection (a)(1)(F).
``(2) By electronic means.--Service by electronic means
under this section shall be sufficient if there is proof that
the notice to appear was sent electronically through a system
that is accessible to the alien.''.
(b) Employment Authorization for Aliens Seeking a Durable
Solution.--Section 208(d)(2) of the Immigration and Nationality Act (8
U.S.C. 1158(d)(2)) is amended to read as follows:
``(2) Employment authorization.--
``(A) Eligibility.--Notwithstanding the Immigration
and Nationality Act (8 U.S.C. 1101, et seq.), the
Secretary of Homeland Security shall authorize
employment for an alien who is not in the physical
custody of the Department of Homeland Security after
the procedures required under paragraph (5)(A)(i) have
been completed, and the alien has--
``(i) a non-frivolous, properly filed
application for asylum, or other immigration
benefit request for humanitarian relief; or
``(ii) been processed for release by the
Department of Homeland Security pending further
processing or proceedings.
``(B) Exceptions.--Paragraph (2)(A) shall not apply
to an alien who--
``(i) after release, comes into the
physical custody of any Federal, State, or
local entity for purposes of criminal or civil
violations;
``(ii) fails to appear for any proceedings
described in any section this Act; and
``(iii) fails to comply with terms and
conditions of release, as determined by the
Secretary.
``(C) Terms.--At no time shall employment
authorization under this paragraph shall be issued
later than 30 days of release from custody or after a
properly filed application occurs, whichever is sooner,
and shall be--
``(i) for a period of 2 years;
``(ii) renewable for additional 2-year
periods while the applicant's asylum claim is
being adjudicated, pending, or administratively
closed, including administrative or judicial
review; and
``(iii) any other terms or conditions as
determined by the Secretary.
``(D) Clarifications.--Paragraph (2)(A)(ii) shall
apply to aliens irrespective of whether any form of
removal proceedings have commenced or whether the alien
has a pending request for immigration benefits.''.
(c) Streamlining Voluntary Departure.--Section 240B(a)(1) of the
Immigration and Nationality Act (8 U.S.C. 1229c(a)(1)) is amended by
striking ``at the alien's own expense''.
(d) Direct Access Pathways for Refugees in the Western
Hemisphere.--The Secretary of State, in consultation with the Secretary
of Homeland Security, shall--
(1) monitor Latin America and the Caribbean for regional
instability and migration resulting from large scale
persecution on account of race, religion, nationality,
membership in a particular social group, or political opinion;
and
(2) designate members of the group experiencing such
persecution as Priority 2 refugees of special humanitarian
concern.
SEC. 1003. STAFFING FOR BORDER MANAGEMENT.
(a) Staffing Allocation Models.--
(1) Department of homeland security.--The Secretary of the
Department of Homeland Security shall develop and implement
staffing allocation models for U.S. Border Patrol and Air and
Marine Operations of U.S. Customs and Border Protection and for
U.S. Citizenship and Immigration Services, by not later than
six months after the date of enactment of this Act.
(2) Executive office of immigration review.--The Attorney
General shall develop and implement staffing allocation models
for the Executive Office of Immigration Review, by not later
than six months after the date of enactment of this Act.
(b) Requirements.--Each staffing model shall--
(1) take into account variations in operating environments,
technology, and the required operational support levels to
carry out their respective duties;
(2) include a plan for periodically updating and improving
the model, including incorporating operational, technological,
and personnel changes; and
(3) receive independent verification and validation by an
entity that is technically, managerially, and financially
independent from the office or Department.
(c) Reporting.--The Secretary and Attorney General shall report to
the Committee on Homeland Security and Governmental Affairs, the
Committee on the Judiciary, and the Committee on Appropriations of the
Senate and the Committee on Homeland Security, the Committee on the
Judiciary, and the Committee on Appropriations of the House of
Representatives detailing the finalized models, including a description
of--
(1) the data sources and methodology used to generate the
models;
(2) actions taken to independently verify the model; and
(3) the plan for updating and maturing the model.
SEC. 1004. SHELTER AND SERVICES PROGRAM GAO REPORT.
Not later than 1 year than the date of enactment of this Act, and
every two years thereafter, the Comptroller General of the United
States shall submit to the Committees on Homeland Security and
Governmental Affairs, the Committee on the Judiciary, and the Committee
on Appropriations of the Senate and the Committee on Homeland Security,
the Committee on the Judiciary, and the Committee on Appropriations of
the House of Representatives an assessment of the grant criteria for
Shelter and Services Program funds, the distribution of those funds,
and the impact of program policies and practices on the ability of
State and local governments and nongovernmental organizations to issue
such funds.
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