[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

[[Page S1652]]

     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

[[Page S1653]]

     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.

                          ____________________