II 118th CONGRESS 1st Session S. 1312 IN THE SENATE OF THE UNITED STATES April 26, 2023 Mr. Scott of South Carolina (for himself, Mr. Daines , Ms. Ernst , Mr. Lankford , Ms. Lummis , Mr. Rounds , Mr. Cassidy , and Mrs. Blackburn ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To reprogram $15,000,000,000 to improve border security and enforcement, and for other purposes.

1. Short title This Act may be cited as the Securing our Border Act . 2. Findings Congress finds the following: (1) United States border security is paramount to the general welfare of our Nation and ensures the efficient and meaningful flow of goods and individuals through legal means. (2) Illicit narcotics transported into the United States through ports of entry were estimated to cause approximately 104,000 deaths between February 2021 and February 2022. (3) Only 2 percent of passenger vehicles and 20 percent of commercial vehicles crossing the southern border are scanned by nonintrusive inspection technology through a radiation portal monitor. (4) U.S. Customs and Border Protection agents process more than 1,000,000 passengers and pedestrians on a typical day. (5) Limiting the amount of deadly illicit narcotics, including fentanyl, from entering the United States would reduce the number of Americans who die annually from the use of such narcotics. (6) Because of the failure to update nonintrusive inspection technologies at land ports of entry along the southern border of the United States, there has been an increase in the amount of illicit narcotics, such as fentanyl, being trafficked across the southern border. (7) Between 2021 and 2022, approximately 1,514,000 pounds of illicit drugs were seized at the southern border. (8) U.S. Customs and Border Protection agents had 199,976 encounters at the southern border during July 2022, including— (A) 134,362 single adults; (B) 51,822 family units; and (C) 13,299 unaccompanied minors. (9) According to the Department of Homeland Security, 750 migrants died attempting to cross the southern border during fiscal year 2022, which is— (A) more migrant deaths than occurred in any previous fiscal year; and (B) more than 200 more migrant deaths than the number of such deaths during fiscal year 2021. (10) The United States has a backlog of open removal cases, which totaled more than 1,820,000 as of June 2022. (11) Since October 1, 2019, U.S. Customs and Border Protection has reported 1,302 encounters with potential terrorists at ports of entry along the southern and northern borders. (12) According to U.S. Customs and Border Protection onboard staffing data, approximately 2,700 additional U.S. Customs and Border Protection officers need to be stationed at United States ports of entry to fully staff such ports. (13) There are approximately 20,000 border agents stationed at ports of entry along the southern border. (14) Due to shifting priorities, construction delays, a lack of available technology solutions, and funding constraints, most southern U.S. Border Patrol sectors still rely on obsolete systems or technologies. 3. Funding for nonintrusive border inspections Of the unobligated balances from amounts made available under section 10301(1)(A)(ii) of Public Law 117–169 , $5,000,000,000 shall be transferred to U.S. Customs and Border Protection during the 9-year period ending on October 1, 2032, for nonintrusive inspection systems to achieve a 100 percent nonintrusive inspection scanning rate at all northern border and southwest border land ports of entry by October 1, 2032. 4. Funding for border wall construction (a) In general Of the unobligated balances from amounts made available under section 10301(1)(A)(ii) of Public Law 117–169 , $10,000,000,000 shall be transferred to the Department of Homeland Security during the 9-year period ending on October 1, 2032, for activities related to the construction of a border wall system along the southwest international border of the United States. (b) Quarterly reports The Secretary of Homeland Security shall submit quarterly reports to the Committee on Appropriations of the Senate , the Committee on Finance of the Senate , the Committee on Homeland Security and Governmental Affairs of the Senate , the Committee on Appropriations of the House of Representatives , the Committee on Ways and Means of the House of Representatives , and the Committee on Homeland Security of the House of Representatives that contains— (1) an implementation plan with benchmarks related to stemming illegal immigration; and (2) cost estimates associated with border wall system construction. 5. Authorization to provide bonuses to U.S. Customs and Border Protection agents (a) Recruitment bonuses (1) In general Subject to the approval of the Secretary of Homeland Security, the Commissioner of U.S. Customs and Border Protection may pay a recruitment bonus, not to exceed $15,000, to each newly hired U.S. Customs and Border Protection agent after— (A) the agent completes initial basic training; and (B) the execution of a written agreement described in paragraph (2). (2) Written agreement A written agreement described in this paragraph is a legally binding agreement between a newly hired agent and U.S. Customs and Border Protection that— (A) specifies the amount of the bonus payment to be paid to such agent, including the timing of such payment; (B) the length of the period of service required to be completed before such agent is entitled to retain such payment; and (C) any other terms and conditions to which such payment is subject. (b) Retention bonuses Subject to the approval of the Secretary of Homeland Security, the Commissioner of U.S. Customs and Border Protection may pay annual retention bonuses, not to exceed 15 percent of the agent's basic pay, to U.S. Border Patrol agents after the completion of each year of satisfactory service, as determined by the Commissioner. (c) Relocation bonus Subject to the approval of the Secretary of Homeland Security, the Commissioner of U.S. Customs and Border Protection may pay a relocation bonus, not to exceed 15 percent of the agent's annual basic pay, to a U.S. Customs and Border Protection agent who agrees to be transferred and to serve for not less than 3 years at the new duty station. (d) Limitation None of the bonuses paid to a U.S. Customs and Border Protection agent pursuant to subsections (a) through (c) may be considered part of the basic pay of such agent for any purpose, including for retirement or in computing a lump-sum payment to the agent for accumulated and accrued annual leave under section 5551 or 5552 of title 5, United States Code. 6. Treatment of aliens arriving from contiguous territory Section 235(b)(2)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(2)(C) ) is amended by striking may return and all that follows and inserting the following: shall— (i) return the alien to such territory, or to a safe third country (as described in section 208), pending the completion of a proceeding under section 240; or (ii) detain the alien for further consideration of an application for asylum, which shall include a determination of credible fear of persecution. .