[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 716 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                 S. 716

 To extend title 42 expulsion authority, to resume border wall system 
construction, to preserve the exclusive authority of immigration judges 
  over asylum claims, and to codify the Migrant Protection Protocols.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 8, 2023

 Mr. Risch (for himself, Mr. Crapo, Mr. Hagerty, Mr. Budd, Mr. Tillis, 
 and Mr. Boozman) introduced the following bill; which was read twice 
  and referred to the Committee on Homeland Security and Governmental 
                                Affairs

_______________________________________________________________________

                                 A BILL


 
 To extend title 42 expulsion authority, to resume border wall system 
construction, to preserve the exclusive authority of immigration judges 
  over asylum claims, and to codify the Migrant Protection Protocols.

    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 ``Solving the Border 
Crisis Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Sense of Congress.
Sec. 4. Definitions.
Sec. 5. Termination of suspension of entries and imports from 
                            designated places related to the COVID-19 
                            pandemic.
Sec. 6. Resumption of border wall system construction.
Sec. 7. Congressional resolution of disapproval regarding termination 
                            of the exclusive authority of immigration 
                            judges over asylum claims.
Sec. 8. Treatment of aliens arriving from contiguous territory.
Sec. 9. Minimum staffing levels.
Sec. 10. Mandatory detention funding.
Sec. 11. Report requirement.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The current situation at the southern border presents a 
        border security and humanitarian crisis that threatens core 
        national security interests and constitutes a national 
        emergency.
            (2) The southern border is a major entry point for 
        criminals, gang members, and illicit narcotics.
            (3) Recent years have seen sharp increases in the number of 
        family units entering and seeking entry to the United States.
            (4) If not detained, such aliens are often released into 
        the country and are often difficult to remove from the United 
        States because they fail to appear for hearings, do not comply 
        with orders of removal, or are otherwise difficult to locate.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that the President should use the 
authorities granted under sections 201 and 301 of the National 
Emergencies Act (50 U.S.C. 1621 and 1631) to declare that a national 
emergency exists at the southern border of the United States.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (B) the Committee on the Judiciary of the Senate;
                    (C) the Committee on Appropriations of the Senate;
                    (D) the Committee on Homeland Security of the House 
                of Representatives;
                    (E) the Committee on the Judiciary of the House of 
                Representatives; and
                    (F) the Committee on Appropriations of the House of 
                Representatives.
            (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, cameras, underground detection sensors, and 
        autonomous sensor towers, associated with a border wall system.

SEC. 5. TERMINATION OF SUSPENSION OF ENTRIES AND IMPORTS FROM 
              DESIGNATED PLACES RELATED TO THE COVID-19 PANDEMIC.

    (a) In General.--An order of suspension issued under section 362 of 
the Public Health Service Act (42 U.S.C. 265) as a result of the public 
health emergency relating to the Coronavirus Disease 2019 (COVID-19) 
pandemic declared by the Secretary of Health and Human Services on 
January 31, 2020 under section 319 of such Act (42 U.S.C. 247d), and 
any continuation of such declaration, shall be lifted not earlier than 
120 days after the date on which the Surgeon General provides written 
notification to the appropriate committees of Congress that such public 
health emergency declaration and all such continuations have been 
terminated.
    (b) Procedures During 60-Day Termination Window.--
            (1) Plan.--Not later than 30 days after the date on which a 
        written notification is provided pursuant to subsection (a) 
        with respect to an order of suspension, the Secretary of 
        Homeland Security, in consultation with the Surgeon General and 
        the head of any other Federal agency, State, Tribal, or local 
        government, or nongovernmental organization that has a role in 
        managing outcomes associated with such suspension (as 
        determined by the Secretary or his or her designee), shall 
        develop and submit a plan to the appropriate committees of 
        Congress that addresses any possible influx of entries or 
        imports (as described in such order of suspension) related to 
        the termination of such order.
            (2) Failure to submit.--If the plan required under 
        paragraph (1) is not submitted to the appropriate committees of 
        Congress before the end of the 30-day period described in such 
        paragraph--
                    (A) the Secretary of Homeland Security shall 
                submit, not later than 7 days after the expiration of 
                such 30-day period, written notification to the 
                appropriate committees of Congress of the status of 
                preparing such plan and the date on by such plan will 
                be submitted in accordance with paragraph (1); and
                    (B) the termination of the order of suspension 
                described in subsection (a) shall be delayed until the 
                date that is 30 days after the date on which such plan 
                is submitted to the appropriate committees of Congress.

SEC. 6. RESUMPTION OF BORDER WALL SYSTEM CONSTRUCTION.

    (a) Border Wall System Construction.--
            (1) In general.--
                    (A) Immediately resume border wall system 
                construction.--Not later than 24 hours after the date 
                of the enactment of this Act, the Secretary of Homeland 
                Security shall resume all activities related to the 
                construction of the border wall system along the 
                international border between the United States and 
                Mexico that were underway or being planned for before 
                January 20, 2021.
                    (B) No cancellations.--The Secretary of Homeland 
                Security may not cancel any contract for activities 
                related to border wall system construction described in 
                paragraph (1) that was entered into on or before 
                January 20, 2021.
                    (C) Use of funds.--The Secretary of Homeland 
                Security shall expend all funds appropriated or 
                explicitly obligated for border wall system 
                construction described in paragraph (1) that were 
                appropriated or obligated, as the case may be, on or 
                after October 1, 2016.
                    (D) Implementation plan.--Not later than 30 days 
                after the date of enactment of this Act, the Secretary 
                of Homeland Security shall submit an implementation 
                plan to the appropriate congressional committees for 
                the completion, by not later than September 30, 2024, 
                of the border wall system construction described in 
                paragraph (1) and funded in accordance with 
                subparagraph (C).
            (2) Plan to complete tactical infrastructure and technology 
        elements of border wall system.--Not later than 90 days after 
        the date of the enactment of this Act, the Secretary of 
        Homeland Security shall submit an implementation plan to the 
        appropriate congressional committees that includes quarterly 
        benchmarks and cost estimates for satisfying all of the 
        requirements of the border wall system construction described 
        in paragraph (1)(A), including tactical infrastructure, 
        technology, and other elements identified by the Department of 
        Homeland Security before January 20, 2021, through the 
        expenditure of funds appropriated or explicitly obligated, as 
        the case may be, for use beginning on October 1, 2016, and any 
        additional funds appropriated by Congress for such purpose.
            (3) Uphold negotiated agreements.--The Secretary of 
        Homeland Security shall ensure that all agreements relating to 
        current and future border wall system construction that were 
        executed in writing between the Department of Homeland Security 
        and private citizens, State, Tribal, and local governments, and 
        other stakeholders are honored by the Department in accordance 
        with the terms of such agreements.
    (b) DNA Collection Consistent With Federal Law.--Not later than 14 
days after the date of the enactment of this Act, the Secretary of 
Homeland Security shall ensure and certify to the Committee on Homeland 
Security and Governmental Affairs of the Senate and the Committee on 
Homeland Security of the House of Representatives that U.S. Customs and 
Border Protection is fully compliant with the DNA Fingerprint Act of 
2005 (title X of Public Law 109-162) at all border facilities that 
process adults (including as part of a family unit) in the custody of 
U.S. Customs and Border Protection.

SEC. 7. CONGRESSIONAL RESOLUTION OF DISAPPROVAL REGARDING TERMINATION 
              OF THE EXCLUSIVE AUTHORITY OF IMMIGRATION JUDGES OVER 
              ASYLUM CLAIMS.

    Congress disapproves the interim final rule submitted by the 
Executive Office for Immigration Review and U.S. Citizenship and 
Immigration Services, relating to ``Procedures for Credible Fear 
Screening and Consideration of Asylum, Withholding of Removal, and CAT 
Protection Claims by Asylum Officers'' (87 Fed. Reg. 18078) and such 
rule shall have no force or effect.

SEC. 8. TREATMENT OF ALIENS ARRIVING FROM CONTIGUOUS TERRITORY.

    Section 235(b)(2)(C) of the Immigration and Nationality Act (8 
U.S.C. 1225(b)(2)(C)) is amended by striking ``may return'' and all 
that follows and inserting the following: ``shall--''
                            ``(i) return the alien to such territory, 
                        or to a safe third country (as described in 
                        section 208), pending a proceeding under 
                        section 240; or
                            ``(ii) detain the alien for further 
                        consideration of an application for asylum, 
                        which shall include a determination of credible 
                        fear of persecution.''.

SEC. 9. MINIMUM STAFFING LEVELS.

    (a) Office of Enforcement and Removal Operations.--The Secretary of 
Homeland Security shall ensure that there are always not fewer than 
10,000 full-time equivalent employees in the Office of Enforcement and 
Removal Operations of U.S. Immigration and Customs Enforcement.
    (b) U.S. Border Patrol.--The Secretary of Homeland Security shall 
ensure that the authorized personnel level for United States Border 
Patrol agents is not fewer than 25,000 agents, excluding Border Patrol 
Reserve Agents and Border Patrol Processing Coordinators.
    (c) Office of Field Operations.--The Secretary of Homeland Security 
shall ensure that the authorized personnel level for U.S. Customs and 
Border Protection officers in the Office of Field Operations is not 
fewer than 25,000 officers, excluding Agriculture Specialists.

SEC. 10. MANDATORY DETENTION FUNDING.

    Section 386(a) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1368(a)) is amended to read as 
follows:
    ``(a) Increase in Detention Facilities.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        ensure that sufficient detention facilities are available for 
        U.S. Immigration and Customs Enforcement to comply with the 
        mandatory detention requirements under section 235 of the 
        Immigration and Nationality Act (8 U.S.C. 1225).
            ``(2) Funding.--In addition to any amounts otherwise 
        appropriated for such purpose, the Secretary of Homeland 
        Security may use any mandatory fees collected by the Department 
        of Homeland Security for expenses incurred by the Secretary to 
        inspect, detain, transport, and provide medical care and any 
        other needed goods or services to aliens who have been detained 
        pursuant to section 235 of the Immigration and Nationality Act 
        (8 U.S.C. 1225).''.

SEC. 11. REPORT REQUIREMENT.

    Not later than 60 days after the date of the enactment of this Act, 
the Secretary of Homeland Security shall submit a report to the 
appropriate congressional committees that outlines how the Department 
of Homeland Security is attempting to mitigate border encounters.
                                 <all>