Border Management, Security, and Assistance Act of 2023

Subjects: Immigration


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1600 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                S. 1600

 Making further supplemental appropriations for the fiscal year ending 
  September 30, 2023, for border management activities, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 15, 2023

   Mr. Durbin (for himself, Mr. Peters, Mr. Brown, Mr. Heinrich, Mr. 
    Lujan, Mr. Padilla, Mr. Carper, Ms. Cortez Masto, Mr. King, Ms. 
   Klobuchar, Ms. Rosen, Ms. Baldwin, and Mr. Bennet) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             Appropriations

_______________________________________________________________________

                                 A BILL


 
 Making further supplemental appropriations for the fiscal year ending 
  September 30, 2023, for border management activities, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Border Management, Security, and 
Assistance Act of 2023''.

SEC. 2. TABLE OF CONTENTS.

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
  DIVISION A--BORDER MANAGEMENT SUPPLEMENTAL APPROPRIATIONS ACT, 2023

           DIVISION B--BORDER PROCEDURES AND IMPROVEMENTS ACT

SEC. 3. REFERENCES.

    Except as expressly provided otherwise, any reference to ``this 
Act'' contained in any division of this Act shall be treated as 
referring only to the provisions of that division.

  DIVISION A--BORDER MANAGEMENT SUPPLEMENTAL APPROPRIATIONS ACT, 2023

     The following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2023, and for other purposes, namely:

                                TITLE I

                         DEPARTMENT OF JUSTICE

                Executive Office for Immigration Review

    For an additional amount for ``Executive Office for Immigration 
Review'', $95,000,000, to remain available until September 30, 2024:  
Provided, That of the amounts made available under this heading, 
$60,000,000 shall be for new Immigration Judge Teams, including travel, 
salaries, rental space, and support staff; $10,000,000 shall be for 
Information Technology improvements and modernization and other 
efficiencies, including digitizing records and providing remote 
capabilities for proceedings; $22,000,000 shall be for covering 
expenses related to supporting weekend adjudications; and $3,000,000 
shall be for services and activities provided by the Legal Orientation 
Program.

                            Legal Activities

            salaries and expenses, general legal activities

    For an additional amount for ``Salaries and Expenses, General Legal 
Activities'', $21,873,000, to remain available until expended:  
Provided, That of the amounts made available under this heading, 
$7,373,000 shall be to support the Criminal Division's Joint Task Force 
Alpha; $1,300,000 shall be for the Civil Division's Office of 
Immigration Litigation, District Courts section, to be used for 
immediate litigation related to Southwest border enforcement; and 
$13,200,000 shall be for the Civil Division's Office of Immigration 
Litigation, Appellate section, to be used for personnel and additional 
litigation needs related to Southwest border enforcement.

             salaries and expenses, united states attorneys

    For an additional amount for ``Salaries and Expenses, United States 
Attorneys'', $47,000,000, to remain available until September 30, 2025, 
for necessary expenses for increased law enforcement activities related 
to Southwest border enforcement:  Provided, That no funds shall be used 
to prosecute an alien pursuant to section 275 or 276 of the Immigration 
and Nationality Act (8 U.S.C. 1325 or 8 U.S.C. 1326), if such alien has 
a pending claim for protection, has received a positive adjudication of 
such claim, or is subject to an administrative or judicial appeal or 
process.

                     United States Marshals Service

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', 
$50,100,000, to remain available until September 30, 2024, for 
necessary expenses for increased law enforcement activities related to 
Southwest border enforcement.

                       federal prisoner detention

    For an additional amount for ``Federal Prisoner Detention'', 
$150,000,000, to remain available until expended.

                    Federal Bureau of Investigation

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', 
$160,000,000:  Provided, That of the amounts made available under this 
heading, $2,550,000, to remain available until September 30, 2024, 
shall be to acquire additional DNA kits related to Southwest border 
enforcement and $157,450,000, to remain available until September 30, 
2025, shall be for analysis of DNA samples received from the Department 
of Homeland Security related to Southwest border enforcement.

                    Drug Enforcement Administration

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', 
$68,400,000, to remain available until September 30, 2025, for 
necessary expenses for increased law enforcement activities related to 
Southwest border enforcement.

               State and Local Law Enforcement Activities

                       Office of Justice Programs

               state and local law enforcement assistance

    For an additional amount for ``State and Local Law Enforcement 
Assistance'', $13,000,000, to remain available until September 30, 
2024:  Provided, That of the amounts made available under this heading, 
$3,000,000 shall be for small, rural, and Tribal law enforcement 
agencies in jurisdictions along or near the Southwest border for grants 
authorized under the Missing Persons and Unidentified Remains Act of 
2019 (Public Law 116-277) and $10,000,000 shall be for a rural violent 
crime initiative to support the investigation and prosecution of 
violent crime for State, local, and Tribal governments for 
jurisdictions located within 100 miles of the Southwest border.

                                TITLE II

                         DEPARTMENT OF DEFENSE

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For an additional amount for ``Military Personnel, Army'', 
$135,000,000 for necessary expenses related to Southwest border 
activities.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

    For an additional amount for ``Operation and Maintenance, Army'', 
$116,000,000 for necessary expenses related to Southwest border 
activities.

                               TITLE III

               SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   U.S. Customs and Border Protection

                         operations and support

                     (including transfer of funds)

    For an additional amount for ``Operations and Support'' for 
necessary expenses to respond to the rise in noncitizen arrivals at the 
southwest border and related activities, $2,888,968,000, to remain 
available until September 30, 2024:  Provided, That of the amounts made 
available under this heading, $1,950,000,000 shall be transferred to 
``Federal Emergency Management Agency--Federal Assistance'' for the 
Shelter and Services Program to support sheltering and related 
activities provided by non-Federal entities, including construction and 
facility improvements:  Provided further, That of the amounts made 
available under this heading, $603,520,000 shall be for establishing 
and operating temporary processing facilities, including auxiliary 
facilities to increase processing capacity at ports of entry along the 
southwest border while supporting trade facilitation and travel; 
$67,655,000 shall be for temporary duty, overtime costs, and volunteer 
force; $57,025,000 shall be for transportation; $56,000,000 shall be 
for mission support data systems and analysis; $53,150,000 shall be for 
contract support for intake processing and data entry; $51,000,000 
shall be for additional Customs and Border Protection Officers; 
$28,618,000 shall be for caregivers and medical care; $11,000,000 shall 
be for employee wellness; and $11,000,000 shall be for employee 
retention.

              procurement, construction, and improvements

    For an additional amount for ``Procurement, Construction, and 
Improvements'' for improving security at and between ports of entry 
along the southwest border, $1,130,000,000, to remain available until 
September 30, 2025:  Provided, That of the amounts made available under 
this heading, $700,000,000 shall be for additional non-intrusive 
inspection equipment to increase scanning of vehicles and $430,000,000 
shall be for the acquisition and deployment of innovative border 
security technology, including for surveillance, such as mobile and 
fixed towers, unmanned aerial technology, subterranean detection 
capabilities, and other technologies to assist with search and rescue 
detection.

                U.S. Immigration and Customs Enforcement

                         operations and support

    For an additional amount for ``Operations and Support'' for 
necessary expenses to respond to the rise in noncitizen arrivals at the 
southwest border and related activities, $960,000,000, to remain 
available until September 30, 2024:  Provided, That of the amounts made 
available under this heading, $553,420,000 shall be for transportation 
and removal; $127,000,000 shall be for alternatives to detention; 
$13,000,000 shall be for additional technology and capacity to conduct 
immigration proceedings while in custody and access counsel; 
$36,000,000 shall be for Transportation Processing Coordinator 
positions; $52,300,000 shall be for temporary duty, overtime, other on-
board personnel costs including reimbursements, and employee wellness; 
$117,000,000 shall be to reimburse for noncitizen medical bills accrued 
by third parties within seven days of release from custody, including 
State, local, and emergency and first response; and $61,280,000 shall 
be for Homeland Security Investigations trafficking investigations and 
investigations related to Operation Blue Lotus.

               U.S. Citizenship and Immigration Services

                         operations and support

    For an additional amount for ``Operations and Support'' for 
necessary expenses to respond to the rise in noncitizen arrivals at the 
southwest border and related activities, $409,000,000, to remain 
available until September 30, 2024:  Provided, That of the amounts made 
available under this heading, $210,000,000 shall be for the efficient 
processing of asylum claims and related protection screenings; 
$100,000,000 shall be for backlogs in the asylum system; and 
$99,000,000 shall be for work authorization adjudications associated 
with processes to adjudicate protection claims in a safe and orderly 
way.

                     GENERAL PROVISIONS--THIS TITLE

    Sec. 301. (a) Not later than 45 days after the date of enactment of 
this Act, the Under Secretary for Management of the Department of 
Homeland Security shall provide an expenditure plan for the use of the 
funds made available in this title to the Committees on Appropriations 
of the Senate and the House of Representatives.
    (b) Such plan shall be updated to reflect changes and expenditures 
and submitted to the Committees on Appropriations of the Senate and the 
House of Representatives every 60 days until all funds are expended or 
expired.
    Sec. 302. (a) Not later than 180 days after the date of enactment 
of this Act, the Under Secretary for Management of the Department of 
Homeland Security, in coordination with the Federal Emergency 
Management Agency and U.S. Customs and Border Protection, shall provide 
a report to Congress on the Shelter and Services Program funds made 
available in this title.
    (b) Such plan shall include:
            (1) award obligations;
            (2) a description of the outreach to local communities and 
        non-governmental organizations receiving newly arrived 
        noncitizens;
            (3) the program criteria and requirements suggested or 
        adapted in response to such outreach to ensure funding is 
        accessible and meeting the needs of local communities;
            (4) a description of the program goals, policies, and 
        program structure;
            (5) the award allocation methodology used by the Program 
        that depends to the greatest extent possible on available 
        border data; and
            (6) outcome performance measures and results related to 
        achieving program goals.

                                TITLE IV

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                Administration for Children and Families

                     refugee and entrant assistance

    For an additional amount for ``Refugee and Entrant Assistance'', 
$1,000,000,000, to remain available until September 30, 2024, for 
carrying out section 462 of the Homeland Security Act of 2002 and 
section 235 of the William Wilberforce Trafficking Victims Protection 
Reauthorization Act of 2008, and for refugee and entrant assistance 
activities authorized by section 414 of the Immigration and Nationality 
Act and section 501 of the Refugee Education Assistance Act of 1980, 
including for hiring additional Federal Field Specialists, increasing 
and improving case management and case coordination services, and 
increasing post-release services, legal services, and child advocate 
services to ensure the physical and mental well-being of children in 
and after release from the Office of Refugee Resettlement's care.

                                TITLE V

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

                   international disaster assistance

    For an additional amount for ``International Disaster Assistance'', 
$100,000,000, to remain available until expended, to respond to 
humanitarian needs in countries in the Western Hemisphere, including 
the provision of emergency food and shelter.

                         economic support fund

    For an additional amount for ``Economic Support Fund'', 
$150,000,000, to remain available until September 30, 2024, for 
assistance for countries in the Western Hemisphere to address the root 
causes of migration:  Provided, That funds appropriated under this 
heading in this Act may be made available as contributions.

                          Department of State

                    migration and refugee assistance

    For an additional amount for ``Migration and Refugee Assistance'', 
$500,000,000, to remain available until expended, to address 
humanitarian needs in, and to assist migrants from, countries in the 
Western Hemisphere.

                                TITLE VI

                      GENERAL PROVISIONS--THIS ACT

    Sec. 601.  Each amount appropriated or made available by this Act 
is in addition to amounts otherwise appropriated for the fiscal year 
involved.
    Sec. 602.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 603.  Unless otherwise provided for by this Act, the 
additional amounts appropriated by this Act to appropriations accounts 
shall be available under the authorities and conditions applicable to 
such appropriations accounts for fiscal year 2023.
    Sec. 604.  Each amount provided by this division is designated by 
the Congress as being for an emergency requirement pursuant to section 
4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent 
resolution on the budget for fiscal year 2022, and to legislation 
establishing fiscal year 2024 budget enforcement in the House of 
Representatives.
     This division may be cited as the ``Border Management Supplemental 
Appropriations Act, 2023''.

           DIVISION B--BORDER PROCEDURES AND IMPROVEMENTS ACT

SEC. 1001. CONSEQUENCE DELIVERY.

    (a) Enhanced Penalties for Organized Smuggling Schemes.--
            (1) In general.--Section 274(a)(1)(B) of the Immigration 
        and Nationality Act (8 U.S.C. 1324(a)(1)(B)) is amended--
                    (A) by redesignating clauses (iii) and (iv) as 
                clauses (iv) and (v), respectively;
                    (B) by inserting after clause (ii) the following:
                            ``(iii) in the case of a violation of 
                        subparagraph (A)(i) during and in relation to 
                        which the person, while acting for profit or 
                        other financial gain, knowingly directs or 
                        participates in an effort or scheme to assist 
                        or cause 10 or more persons (other than a 
                        parent, spouse, or child of the offender) to 
                        enter or to attempt to enter the United States 
                        at the same time at a place other than a 
                        designated port of entry or place other than 
                        designated by the Secretary, be fined under 
                        title 18, United States Code, imprisoned not 
                        more than 15 years, or both;''; and
                    (C) in clause (iv), as redesignated, by inserting 
                ``commits or attempts to commit sexual assault of,'' 
                after ``section 1365 of title 18, United States Code) 
                to,''.
            (2) Bulk cash smuggling.--Section 5332(b)(1) of title 31, 
        United States Code, is amended--
                    (A) in the paragraph heading, by striking ``Term of 
                imprisonment'' and inserting ``In general''; and
                    (B) by inserting ``, fined under title 18, or 
                both'' after ``5 years''.
    (b) Enhanced Penalties for Illegal Spotting and Surveillance.--
            (1) Immigration and nationality act.--The Immigration and 
        Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting 
        after section 274D the following:

``SEC. 274E. HINDERING IMMIGRATION, BORDER, AND CUSTOMS CONTROLS.

    ``(a) Illicit Spotting.--
            ``(1) In general.--It shall be unlawful to knowingly 
        surveil, track, monitor, or transmit the location, movement, or 
        activities of any officer or employee of a Federal, State, or 
        tribal law enforcement agency--
                    ``(A) with the intent to gain financially; and
                    ``(B) in furtherance of any violation of the 
                immigration laws, the customs and trade laws of the 
                United States (as defined in section 2 of the Trade 
                Facilitation and Trade Enforcement Act of 2015 (Public 
                Law 114-125)), any other Federal law relating to 
                transporting controlled substances, agriculture, or 
                monetary instruments into the United States, or any 
                Federal law relating to border controls measures of the 
                United States.
            ``(2) Penalty.--Any person who violates paragraph (1) shall 
        be fined under title 18, United States Code, imprisoned for not 
        more than 5 years, or both.
    ``(b) Destruction of United States Border Controls.--
            ``(1) In general.--It shall be unlawful to knowingly and 
        without lawful authorization--
                    ``(A) destroy or significantly damage any fence, 
                barrier, sensor, camera, or other physical or 
                electronic device deployed by the Federal Government to 
                control an international border of, or a port of entry 
                to, the United States; or
                    ``(B) otherwise seek to construct, excavate, or 
                make any structure intended to defeat, circumvent or 
                evade such a fence, barrier, sensor camera, or other 
                physical or electronic device deployed by the Federal 
                Government to control an international border of, or a 
                port of entry to, the United States.
            ``(2) Penalty.--Any person who violates paragraph (1) shall 
        be fined under title 18, United States Code, imprisoned for not 
        more than 5 years, or both.''.
            (2) Clerical amendment.--The table of contents of such Act 
        (8 U.S.C. 1101 et seq.) is amended by inserting after the item 
        relating to section 274D the following:

``Sec. 274E. Hindering immigration, border, and customs controls.''.

SEC. 1002. STREAMLINING PROCESSING, ACCESS TO LAWFUL PATHWAYS, AND 
              REMOVALS.

    (a) Electronic Notice To Appear and Immigration Court Notice.--
            (1) In general.--Section 239(a) of the Immigration and 
        Nationality Act (8 U.S.C. 1229) is amended--
                    (A) in paragraph (1)--
                            (i) by inserting ``or by any other means 
                        that the alien consented to in writing, 
                        including by email or other electronic means,'' 
                        after ``by mail,'';
                            (ii) by amending subparagraph (F) to read 
                        as follows:
                    ``(F)(i) The requirement that the alien must 
                immediately provide (or have provided) the Attorney 
                General with a written record of an address, telephone 
                number (if any), and electronic means (if any) by which 
                the alien may be contacted respecting proceedings under 
                section 1229a of this title.
                    ``(ii) The requirement that the alien must provide 
                the Attorney General immediately with a written record 
                of any change of the alien's contact information 
                described in clause (i).
                    ``(iii) The consequences under section 1229a(b)(5) 
                of this title of failure to provide contact information 
                pursuant to this subparagraph.''; and
                            (iii) by amending subsection (c) to read as 
                        follows:
    ``(c) Service.--
            ``(1) By mail.--Service by mail under this section shall be 
        sufficient if there is proof of attempted delivery of the 
        notice to appear to the last address provided by the alien in 
        accordance with subsection (a)(1)(F).
            ``(2) By electronic means.--Service by electronic means 
        under this section shall be sufficient if there is proof that 
        the notice to appear was sent electronically through a system 
        that is accessible to the alien.''.
    (b) Employment Authorization for Aliens Seeking a Durable 
Solution.--Section 208(d)(2) of the Immigration and Nationality Act (8 
U.S.C. 1158(d)(2)) is amended to read as follows:
            ``(2) Employment authorization.--
                    ``(A) Eligibility.--Notwithstanding the Immigration 
                and Nationality Act (8 U.S.C. 1101, et seq.), the 
                Secretary of Homeland Security shall authorize 
                employment for an alien who is not in the physical 
                custody of the Department of Homeland Security after 
                the procedures required under paragraph (5)(A)(i) have 
                been completed, and the alien has--
                            ``(i) a non-frivolous, properly filed 
                        application for asylum, or other immigration 
                        benefit request for humanitarian relief; or
                            ``(ii) been processed for release by the 
                        Department of Homeland Security pending further 
                        processing or proceedings.
                    ``(B) Exceptions.--Paragraph (2)(A) shall not apply 
                to an alien who--
                            ``(i) after release, comes into the 
                        physical custody of any Federal, State, or 
                        local entity for purposes of criminal or civil 
                        violations;
                            ``(ii) fails to appear for any proceedings 
                        described in any section this Act; and
                            ``(iii) fails to comply with terms and 
                        conditions of release, as determined by the 
                        Secretary.
                    ``(C) Terms.--At no time shall employment 
                authorization under this paragraph shall be issued 
                later than 30 days of release from custody or after a 
                properly filed application occurs, whichever is sooner, 
                and shall be--
                            ``(i) for a period of 2 years;
                            ``(ii) renewable for additional 2-year 
                        periods while the applicant's asylum claim is 
                        being adjudicated, pending, or administratively 
                        closed, including administrative or judicial 
                        review; and
                            ``(iii) any other terms or conditions as 
                        determined by the Secretary.
                    ``(D) Clarifications.--Paragraph (2)(A)(ii) shall 
                apply to aliens irrespective of whether any form of 
                removal proceedings have commenced or whether the alien 
                has a pending request for immigration benefits.''.
    (c) Streamlining Voluntary Departure.--Section 240B(a)(1) of the 
Immigration and Nationality Act (8 U.S.C. 1229c(a)(1)) is amended by 
striking ``at the alien's own expense''.
    (d) Direct Access Pathways for Refugees in the Western 
Hemisphere.--The Secretary of State, in consultation with the Secretary 
of Homeland Security, shall--
            (1) monitor Latin America and the Caribbean for regional 
        instability and migration resulting from large scale 
        persecution on account of race, religion, nationality, 
        membership in a particular social group, or political opinion; 
        and
            (2) designate members of the group experiencing such 
        persecution as Priority 2 refugees of special humanitarian 
        concern.

SEC. 1003. STAFFING FOR BORDER MANAGEMENT.

    (a) Staffing Allocation Models.--
            (1) Department of homeland security.--The Secretary of the 
        Department of Homeland Security shall develop and implement 
        staffing allocation models for U.S. Border Patrol and Air and 
        Marine Operations of U.S. Customs and Border Protection and for 
        U.S. Citizenship and Immigration Services, by not later than 
        six months after the date of enactment of this Act.
            (2) Executive office of immigration review.--The Attorney 
        General shall develop and implement staffing allocation models 
        for the Executive Office of Immigration Review, by not later 
        than six months after the date of enactment of this Act.
    (b) Requirements.--Each staffing model shall--
            (1) take into account variations in operating environments, 
        technology, and the required operational support levels to 
        carry out their respective duties;
            (2) include a plan for periodically updating and improving 
        the model, including incorporating operational, technological, 
        and personnel changes; and
            (3) receive independent verification and validation by an 
        entity that is technically, managerially, and financially 
        independent from the office or Department.
    (c) Reporting.--The Secretary and Attorney General shall report to 
the Committee on Homeland Security and Governmental Affairs, the 
Committee on the Judiciary, and the Committee on Appropriations of the 
Senate and the Committee on Homeland Security, the Committee on the 
Judiciary, and the Committee on Appropriations of the House of 
Representatives detailing the finalized models, including a description 
of--
            (1) the data sources and methodology used to generate the 
        models;
            (2) actions taken to independently verify the model; and
            (3) the plan for updating and maturing the model.

SEC. 1004. SHELTER AND SERVICES PROGRAM GAO REPORT.

    Not later than 1 year than the date of enactment of this Act, and 
every two years thereafter, the Comptroller General of the United 
States shall submit to the Committees on Homeland Security and 
Governmental Affairs, the Committee on the Judiciary, and the Committee 
on Appropriations of the Senate and the Committee on Homeland Security, 
the Committee on the Judiciary, and the Committee on Appropriations of 
the House of Representatives an assessment of the grant criteria for 
Shelter and Services Program funds, the distribution of those funds, 
and the impact of program policies and practices on the ability of 
State and local governments and nongovernmental organizations to issue 
such funds.
                                 &lt;all&gt;
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