[Congressional Record Volume 168, Number 199 (Wednesday, December 21, 2022)]
[Senate]
[Pages S10057-S10058]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

       SA 6621. Ms. SINEMA (for herself and Mr. Tester) submitted an 
     amendment intended to be proposed to amendment SA 6552 proposed by Mr. 
     Leahy to the bill H.R. 2617, to amend section 1115 of title 31, United 
     States Code, to amend the description of how performance goals are 
     achieved, and for other purposes; which was ordered to lie on the 
     table; as follows:
     
            At the end, add the following:
     
       DIVISION KK--SUPPLEMENTAL APPROPRIATIONS FOR SECURING THE BORDER ACT
     
             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'', $170,000,000, to remain available until 
          September 30, 2024, of which--
            (1) $35,000,000 shall be for supporting Immigration Judge 
          Teams, including travel, salaries, rental space, and support 
          staff;
            (2) $50,000,000 shall be for Information Technology 
          improvements, including digitizing records and providing 
          remote capabilities for proceedings;
            (3) $25,000,000 shall be for services and activities 
          provided by the Legal Orientation Program;
            (4) $10,000,000 shall be for improving language access and 
          translation services; and
            (5) $50,000,000 shall be for the National Qualified 
          Representative Program.
     
                                 Legal Activities
     
                  salaries and expenses, united states attorneys
     
            For an additional amount for ``Salaries and Expenses, 
          United States Attorneys'', $80,000,000, to remain available 
          until September 30, 2024, for necessary expenses for 
          increased law enforcement activities related to Southwest 
          border enforcement:  Provided, That amounts provided under 
          this heading in this title may not be used to increase the 
          number of permanent positions.
     
                          United States Marshals Service
     
                              salaries and expenses
     
            For an additional amount for ``United States Marshals 
          Service, Salaries and Expenses'', $25,000,000, to remain 
          available until September 30, 2024, for necessary expenses 
          for increased law enforcement activities related to Southwest 
          border enforcement:  Provided, That amounts provided under 
          this heading in this title may not be used to increase the 
          number of permanent positions.
     
                            federal prisoner detention
     
            For an additional amount for ``Federal Prisoner 
          Detention'', $140,000,000, to remain available until 
          expended.
     
                         Drug Enforcement Administration
     
                              salaries and expenses
     
            For an additional amount for ``Drug Enforcement 
          Administration, Salaries and Expenses'', $100,000,000, to 
          remain available until September 30, 2024, for necessary 
          expenses for increased law enforcement activities related to 
          Southwest border enforcement:  Provided, That amounts 
          provided under this heading in this title may not be used to 
          increase the number of permanent positions.
     
                    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'', $16,000,000, to remain available 
          until expended, for small, rural, and Tribal law enforcement 
          agencies in jurisdictions along or near the Southwest border, 
          of which--
     
     [[Page S10058]]
     
            (1) $8,000,000 is for a rural violent crime initiative, 
          including assistance for law enforcement agencies for 
          purposes covered under the Rural Violent Crime Reduction 
          Initiative for Law Enforcement Agencies; and
            (2) $8,000,000 is for grants authorized under the Missing 
          Persons and Unidentified Remains Act of 2019 (Public Law 116-
          277).
     
                    TITLE II--DEPARTMENT OF HOMELAND SECURITY
     
         DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT
     
                 Office of the Secretary and Executive Management
     
                              operations and support
     
            For an additional amount for ``Operations and Support'', 
          $60,000,000, to remain available until September 30, 2024, 
          for necessary expenses to respond to border management 
          requirements:  Provided, That of the amount provided under 
          this heading in this title, $50,000,000 is to support the 
          work of the Family Reunification Task Force and $10,000,000 
          is for backlogs associated with the Freedom of Information 
          Act.
     
                              Management Directorate
     
                   procurement, construction, and improvements
     
            For an additional amount for ``Procurement, Construction, 
          and Improvements'', $330,000,000, to remain available until 
          September 30, 2027, for two Joint Processing Centers on the 
          southwest border.
     
                    SECURITY, ENFORCEMENT, AND INVESTIGATIONS
     
                        U.S. Customs and Border Protection
     
                              operations and support
     
            For an additional amount for ``Operations and Support'', 
          $1,307,100,000, to remain available until September 30, 2024, 
          for necessary expenses to support border management 
          requirements in response to an increase in arrivals of 
          noncitizens at the Southwest border and related activities, 
          of which--
            (1) $353,600,000 is for soft-sided facilities for temporary 
          custody and processing of noncitizens;
            (2) $251,500,000 is for transportation and fuel costs;
            (3) $180,000,000 is for operational costs, processing 
          improvements, and information technology support;
            (4) $175,200,000 is for temporary duty and overtime costs 
          including reimbursements for additional law enforcement 
          support and volunteer forces;
            (5) $140,000,000 is for contracted personnel support, 
          Border Patrol recruitment and retention, and training for 
          border search and rescue operations;
            (6) $106,400,000 is for additional Customs and Border 
          Protection officers, mission support staff, and auxiliary 
          facilities to increase processing capacity at ports of entry 
          along the southwest border while supporting trade 
          facilitation and travel; and
            (7) $100,400,000 is for medical care and contract costs.
     
                   procurement, construction, and improvements
     
            For an additional amount for ``Procurement, Construction, 
          and Improvements'', $400,000,000, to remain available until 
          September 30, 2025, of which--
            (1) $200,000,000 is for nonintrusive inspection equipment 
          and accompanying civil works to deploy; and
            (2) $200,000,000 is for closing border barrier gaps in 
          priority areas as determined by the Commissioner of U.S. 
          Customs and Border Protection.
     
                     U.S. Immigration and Customs Enforcement
     
                              operations and support
     
            For an additional amount for ``Operations and Support'', 
          $2,565,000,000, to remain available until September 30, 2024, 
          for necessary expenses to support border management 
          requirements in response to an increase in arrivals of 
          noncitizens at the southwest border and related activities, 
          of which--
            (1) $500,000,000 is for transportation, including 
          unaccompanied alien children;
            (2) $425,000,000 is for alternatives to detention;
            (3) $250,000,000 is for the Family Case Management Program 
          and Wraparound Stabilization Services Program within 
          Alternatives to Detention;
            (4) $32,000,000 is for detainee medical care;
            (5) $60,000,000 is for the Office of the Principal Legal 
          Advisor for an expected rise in immigration court 
          proceedings;
            (6) $74,000,000 is for Homeland Security Investigations 
          mission related border work;
            (7) $1,024,000,000 is for detention operations to support 
          an average daily population of 55,000 beds; and
            (8) $200,000,000 is for enforcement and removal operations 
          for aliens who arrive and have been ordered removed after the 
          date of enactment of this Act.
     
                 PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
     
                       Federal Emergency Management Agency
     
                                federal assistance
     
            For an additional amount for ``Federal Assistance'', 
          $1,710,000,000, to remain available until September 30, 2024, 
          of which--
            (1) $1,700,000,000 is for the emergency food and shelter 
          program under title III of the McKinney-Vento Homeless 
          Assistance Act (42 U.S.C. 11331 et seq.) for the purposes of 
          providing shelter and other services to families and 
          individuals encountered by the Department of Homeland 
          Security:  Provided, That notwithstanding section 313(a) of 
          such Act, up to $225,000,000 of the funds made available 
          under this heading in this title may be used for the purchase 
          of vehicles to be utilized for the transportation of families 
          and individuals, and for the construction of new, and the 
          expansion of existing, shelter facilities:  Provided further, 
          That notwithstanding section 311 of such Act, funds made 
          available for the purposes described in the first proviso may 
          be awarded to the Emergency Food and Shelter Program National 
          Board up to 6 months after the date of enactment of this Act: 
           Provided further, That notwithstanding sections 315 and 
          316(b) of the McKinney-Vento Homeless Assistance Act, funds 
          made available in the first proviso may be disbursed by the 
          Emergency Food and Shelter Program National Board up to 24 
          months after the date on which such funds become available:  
          Provided further, That the Emergency Food and Shelter Program 
          National Board shall distribute funds provided under this 
          heading in this title only to jurisdictions or local 
          recipient organizations serving communities that have 
          experienced a significant influx of such families and 
          individuals:  Provided further, That funds provided under 
          this heading in this title may be used to reimburse such 
          jurisdictions or local recipient organizations for costs 
          incurred in providing services to such families and 
          individuals on or after January 1, 2023:  Provided further, 
          That certain State, local, and tribal government activities 
          related to border management requirements can be eligible 
          costs under the Urban Area Security Initiative (6 U.S.C. 604) 
          and the State Homeland Security Grant Program (6 U.S.C. 605), 
          including Operation Stonegarden and Tribal Homeland Security 
          Grants (6 U.S.C. 606); and
            (2) $10,000,000 is for Operation Stonegarden.
     
                  RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
     
                    U.S. Citizenship and Immigration Services
     
                              operations and support
     
            For an additional amount for ``Operations and Support'', 
          $839,000,000, to remain available until September 30, 2024, 
          for necessary expenses to respond to the rise of individuals 
          seeking asylum and for related activities, of which--
            (1) $339,000,000 is for information technology and 
          cybersecurity, application processing, the reduction of 
          backlogs within U.S. Citizenship and Immigration Services 
          asylum, field, and service center offices, additional support 
          for asylum adjudication workloads, and support of the refugee 
          program; and
            (2) $500,000,000 is for the full digitization of 
          immigration files not later than January 2, 2024.
     
                TITLE III--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 be merged with and available 
          for the same period as funds appropriated in Public Law 117-
          103 ``for carrying out such sections 414, 501, 462, and 
          235'', which shall be available for any purpose funded under 
          such heading in such law.
     
                      TITLE IV--GENERAL PROVISIONS-THIS ACT
     
            Sec. 401. 
            Each amount appropriated or made available by this division 
          is in addition to amounts otherwise appropriated for the 
          fiscal year involved.
            Sec. 402. 
            No part of any appropriation contained in this division 
          shall remain available for obligation beyond the current 
          fiscal year unless expressly so provided herein.
            Sec. 403. 
            Unless otherwise provided for by this division, the 
          additional amounts appropriated by this division to 
          appropriations accounts shall be available under the 
          authorities and conditions applicable to such appropriations 
          accounts for fiscal year 2023.
            Sec. 404. 
            Notwithstanding any other provision of law, none of the 
          funds provided by this Act or by division F of the 
          Consolidated Appropriations Act, 2023 may be obligated or 
          expended to terminate the prohibitions on entry into the 
          United States issued pursuant to sections 362 and 365 of the 
          Public Health Service Act (42 U.S.C. 265 and 268) as a result 
          of the public health emergency relating to the Coronavirus 
          Disease 2019 (COVID-19) pandemic declared under section 319 
          of such Act (42 U.S.C. 247d) on January 31, 2020 (popularly 
          known as "Title 42").
            Sec. 405. 
            Each amount provided by this division is designated by 
          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 2023, and 
          section 1(e) of H. Res. 1151 (117th Congress), as engrossed 
          in the House of Representatives on June 8, 2022.This division 
          may be cited as the ``Supplemental Appropriations for 
          Securing the Border Act''.
     
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