[Congressional Record Volume 169, Number 81 (Monday, May 15, 2023)]
[Senate]
[Pages S1648-S1653]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. DURBIN (for himself, Ms. Baldwin, Mr. Menendez, Mrs.
[[Page S1649]]
Murray, Mr. Cardin, Mrs. Gillibrand, Mr. Whitehouse, Mr.
Murphy, Mr. Schatz, Ms. Cantwell, and Ms. Cortez Masto):
S. 1591. A bill to authorize dedicated domestic terrorism offices
within the Department of Homeland Security, the Department of Justice,
and the Federal Bureau of Investigation to analyze and monitor domestic
terrorist activity and require the Federal Government to take steps to
prevent domestic terrorism; to the Committee on the Judiciary.
Mr. DURBIN. Madam President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1591
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 ``Domestic Terrorism
Prevention Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``Director'' means the Director of the Federal
Bureau of Investigation;
(2) the term ``domestic terrorism'' has the meaning given
the term in section 2331 of title 18, United States Code;
(3) the term ``Domestic Terrorism Executive Committee''
means the committee within the Department of Justice tasked
with assessing and sharing information about ongoing domestic
terrorism threats;
(4) the term ``hate crime incident'' means an act described
in section 241, 245, 247, or 249 of title 18, United States
Code, or in section 901 of the Civil Rights Act of 1968 (42
U.S.C. 3631);
(5) the term ``Secretary'', except as otherwise provided,
means the Secretary of Homeland Security; and
(6) the term ``uniformed services'' has the meaning given
the term in section 101(a) of title 10, United States Code.
SEC. 3. OFFICES TO COMBAT DOMESTIC TERRORISM.
(a) Authorization of Offices To Monitor, Analyze,
Investigate, and Prosecute Domestic Terrorism.--
(1) Domestic terrorism unit.--There is authorized a
Domestic Terrorism Unit in the Office of Intelligence and
Analysis of the Department of Homeland Security, which shall
be responsible for monitoring and analyzing domestic
terrorism activity.
(2) Domestic terrorism office.--There is authorized a
Domestic Terrorism Office in the Counterterrorism Section of
the National Security Division of the Department of Justice--
(A) which shall be responsible for investigating and
prosecuting incidents of domestic terrorism;
(B) which shall be headed by the Domestic Terrorism
Counsel; and
(C) which shall coordinate with the Civil Rights Division
on domestic terrorism matters that may also be hate crime
incidents.
(3) Domestic terrorism section of the fbi.--There is
authorized a Domestic Terrorism Section within the
Counterterrorism Division of the Federal Bureau of
Investigation, which shall be responsible for investigating
domestic terrorism activity.
(4) Staffing.--The Secretary, the Attorney General, and the
Director shall each ensure that each office authorized under
this section in their respective agencies shall--
(A) have an adequate number of employees to perform the
required duties;
(B) have not less than one employee dedicated to ensuring
compliance with civil rights and civil liberties laws and
regulations; and
(C) require that all employees undergo annual anti-bias
training.
(5) Sunset.--The offices authorized under this subsection
shall terminate on the date that is 10 years after the date
of enactment of this Act.
(b) Joint Report on Domestic Terrorism.--
(1) Biannual report required.--Not later than 180 days
after the date of enactment of this Act, and each 6 months
thereafter for the 10-year period beginning on the date of
enactment of this Act, the Secretary, the Attorney General,
and the Director shall submit a joint report authored by the
domestic terrorism offices authorized under paragraphs (1),
(2), and (3) of subsection (a) to--
(A) the Committee on the Judiciary, the Committee on
Homeland Security and Governmental Affairs, and the Select
Committee on Intelligence of the Senate; and
(B) the Committee on the Judiciary, the Committee on
Homeland Security, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) Contents.--Each report submitted under paragraph (1)
shall include--
(A) an assessment of the domestic terrorism threat posed by
White supremacists and neo-Nazis, including White supremacist
and neo-Nazi infiltration of Federal, State, and local law
enforcement agencies and the uniformed services;
(B)(i) in the first report, an analysis of incidents or
attempted incidents of domestic terrorism that have occurred
in the United States since April 19, 1995, including any
White-supremacist-related incidents or attempted incidents;
and
(ii) in each subsequent report, an analysis of incidents or
attempted incidents of domestic terrorism that occurred in
the United States during the preceding 6 months, including
any White-supremacist-related incidents or attempted
incidents;
(C) a quantitative analysis of domestic terrorism for the
preceding 6 months, including--
(i) the number of--
(I) domestic terrorism related assessments initiated by the
Federal Bureau of Investigation, including the number of
assessments from each classification and subcategory, with a
specific classification or subcategory for those related to
White supremacism;
(II) domestic terrorism-related preliminary investigations
initiated by the Federal Bureau of Investigation, including
the number of preliminary investigations from each
classification and subcategory, with a specific
classification or subcategory for those related to White
supremacism, and how many preliminary investigations resulted
from assessments;
(III) domestic terrorism-related full investigations
initiated by the Federal Bureau of Investigation, including
the number of full investigations from each classification
and subcategory, with a specific classification or
subcategory for those related to White supremacism, and how
many full investigations resulted from preliminary
investigations and assessments;
(IV) domestic terrorism-related incidents, including the
number of incidents from each classification and subcategory,
with a specific classification or subcategory for those
related to White supremacism, the number of deaths and
injuries resulting from each incident, and a detailed
explanation of each incident;
(V) Federal domestic terrorism-related arrests, including
the number of arrests from each classification and
subcategory, with a specific classification or subcategory
for those related to White supremacism, and a detailed
explanation of each arrest;
(VI) Federal domestic terrorism-related indictments,
including the number of indictments from each classification
and subcategory, with a specific classification or
subcategory for those related to White supremacism, and a
detailed explanation of each indictment;
(VII) Federal domestic terrorism-related prosecutions,
including the number of incidents from each classification
and subcategory, with a specific classification or
subcategory for those related to White supremacism, and a
detailed explanation of each prosecution;
(VIII) Federal domestic terrorism-related convictions,
including the number of convictions from each classification
and subcategory, with a specific classification or
subcategory for those related to White supremacism, and a
detailed explanation of each conviction; and
(IX) Federal domestic terrorism-related weapons recoveries,
including the number of each type of weapon and the number of
weapons from each classification and subcategory, with a
specific classification or subcategory for those related to
White supremacism; and
(ii) an explanation of each individual case that progressed
through more than 1 of the stages described under clause
(i)--
(I) including the specific classification or subcategory
for each case; and
(II) not including personally identifiable information not
otherwise releasable to the public; and
(D) certification that each of the assessments and
investigations described under subparagraph (C) are in
compliance with all applicable civil rights and civil
liberties laws and regulations.
(3) Hate crimes.--In compiling a joint report under this
subsection, the domestic terrorism offices authorized under
paragraphs (1), (2), and (3) of subsection (a) shall, in
consultation with the Civil Rights Division of the Department
of Justice and the Civil Rights Unit of the Federal Bureau of
Investigation, review each Federal hate crime charge and
conviction during the preceding 6 months to determine whether
the incident also constitutes a domestic terrorism-related
incident.
(4) Classification and public release.--Each report
submitted under paragraph (1) shall be--
(A) unclassified, to the greatest extent possible, with a
classified annex only if necessary; and
(B) in the case of the unclassified portion of the report,
posted on the public websites of the Department of Homeland
Security, the Department of Justice, and the Federal Bureau
of Investigation.
(5) Nonduplication.--If two or more provisions of this
subsection or any other law impose requirements on an agency
to report or analyze information on domestic terrorism that
are substantially similar, the agency may produce one report
that complies with each such requirement as fully as
possible.
(c) Domestic Terrorism Executive Committee.--There is
authorized a Domestic Terrorism Executive Committee, which
shall meet on a regular basis, and not less regularly than 4
times each year, to coordinate with United States Attorneys
and other key public safety officials across the United
States to promote information sharing and ensure an
effective, responsive, and organized joint effort to combat
domestic terrorism.
[[Page S1650]]
(d) Focus on Greatest Threats.--The domestic terrorism
offices authorized under paragraphs (1), (2), and (3) of
subsection (a) shall focus their limited resources on the
most significant domestic terrorism threats, as determined by
the number of domestic terrorism-related incidents from each
category and subclassification in the joint report for the
preceding 6 months required under subsection (b).
SEC. 4. TRAINING TO COMBAT DOMESTIC TERRORISM.
(a) Required Training and Resources.--The Secretary, the
Attorney General, and the Director shall review the anti-
terrorism training and resource programs of their respective
agencies that are provided to Federal, State, local, and
Tribal law enforcement agencies, including the State and
Local Anti-Terrorism Program that is funded by the Bureau of
Justice Assistance of the Department of Justice, and ensure
that such programs include training and resources to assist
State, local, and Tribal law enforcement agencies in
understanding, detecting, deterring, and investigating acts
of domestic terrorism and White supremacist and neo-Nazi
infiltration of law enforcement and corrections agencies. The
Attorney General shall make training available to Department
prosecutors and to Assistant United States Attorneys on
countering and prosecuting domestic terrorism. The domestic-
terrorism training shall focus on the most significant
domestic terrorism threats, as determined by the quantitative
analysis in the joint report required under section 3(b).
(b) Requirement.--Any individual who provides domestic
terrorism training required under this section shall have--
(1) expertise in domestic terrorism; and
(2) relevant academic, law enforcement, or other community-
based experience in matters related to domestic terrorism.
(c) Report.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act and twice each year thereafter, the
Secretary, the Attorney General, and the Director shall each
submit a biannual report to the committees of Congress
described in section 3(b)(1) on the domestic terrorism
training implemented by their respective agencies under this
section, which shall include copies of all training materials
used and the names and qualifications of the individuals who
provide the training.
(2) Classification and public release.--Each report
submitted under paragraph (1) shall--
(A) be unclassified, to the greatest extent possible, with
a classified annex only if necessary;
(B) in the case of the unclassified portion of each report,
be posted on the public website of the Department of Homeland
Security, the Department of Justice, and the Federal Bureau
of Investigation; and
(C) include the number of Federal incidents,
investigations, arrests, indictments, prosecutions, and
convictions with respect to a false report of domestic
terrorism or hate crime incident.
SEC. 5. INTERAGENCY TASK FORCE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Attorney General, the Director,
the Secretary, and the Secretary of Defense shall establish
an interagency task force to analyze and combat White
supremacist and neo-Nazi infiltration of the uniformed
services and Federal law enforcement agencies.
(b) Report.--
(1) In general.--Not later than 1 year after the
interagency task force is established under subsection (a),
the Attorney General, the Secretary, and the Secretary of
Defense shall submit a joint report on the findings of the
task force and the response of the Attorney General, the
Secretary, and the Secretary of Defense to such findings,
to--
(A) the Committee on the Judiciary of the Senate;
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(C) the Select Committee on Intelligence of the Senate;
(D) the Committee on Armed Services of the Senate;
(E) the Committee on the Judiciary of the House of
Representatives;
(F) the Committee on Homeland Security of the House of
Representatives;
(G) the Permanent Select Committee on Intelligence of the
House of Representatives; and
(H) the Committee on Armed Services of the House of
Representatives.
(2) Classification and public release.--The report
submitted under paragraph (1) shall be--
(A) submitted in unclassified form, to the greatest extent
possible, with a classified annex only if necessary; and
(B) in the case of the unclassified portion of the report,
posted on the public website of the Department of Defense,
the Department of Homeland Security, the Department of
Justice, and the Federal Bureau of Investigation.
SEC. 6. FEDERAL SUPPORT FOR ADDRESSING HATE CRIME INCIDENTS
WITH A NEXUS TO DOMESTIC TERRORISM.
(a) Community Relations Service.--The Community Relations
Service of the Department of Justice, authorized under
section 1001(a) of the Civil Rights Act of 1964 (42 U.S.C.
2000g), may offer the support of the Service to communities
where the Department of Justice has brought charges in a hate
crime incident that has a nexus to domestic terrorism.
(b) Federal Bureau of Investigation.--Section 249 of title
18, United States Code, is amended by adding at the end the
following:
``(f) Federal Bureau of Investigation.--The Attorney
General, acting through the Director of the Federal Bureau of
Investigation, shall assign a special agent or hate crimes
liaison to each field office of the Federal Bureau of
Investigation to investigate hate crimes incidents with a
nexus to domestic terrorism (as such term is defined in
section 2 of the Domestic Terrorism Prevention Act of
2023).''.
SEC. 7. RULE OF CONSTRUCTION.
Nothing in this Act, or any amendment made by this Act, may
be construed to authorize the infringement or violation of
any right protected under the First Amendment to the
Constitution of the United States or an applicable provision
of Federal law.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Department
of Justice, the Federal Bureau of Investigation, the
Department of Homeland Security, and the Department of
Defense such sums as may be necessary to carry out this Act.
By 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):
S. 1600. A bill making further supplemental appropriations for the
fiscal year ending September 30, 2023, for border management
activities, and for other purposes; to the Committee on Appropriations.
Mr. DURBIN. Madam President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1600
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
[[Page S1651]]
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
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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
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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 general 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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