Securing our Border Act

II 118TH CONGRESS 1ST SESSION S. 1312 To reprogram $15,000,000,000 to improve border security and enforcement, and for other purposes. 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. BLACK- BURN) 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. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Securing our Border 4 Act’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 (1) United States border security is paramount 8 to the general welfare of our Nation and ensures the 9 VerDate Sep 11 2014 21:31 May 03, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1312.IS S1312 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •S 1312 IS efficient and meaningful flow of goods and individ- 1 uals through legal means. 2 (2) Illicit narcotics transported into the United 3 States through ports of entry were estimated to 4 cause approximately 104,000 deaths between Feb- 5 ruary 2021 and February 2022. 6 (3) Only 2 percent of passenger vehicles and 20 7 percent of commercial vehicles crossing the southern 8 border are scanned by nonintrusive inspection tech- 9 nology through a radiation portal monitor. 10 (4) U.S. Customs and Border Protection agents 11 process more than 1,000,000 passengers and pedes- 12 trians on a typical day. 13 (5) Limiting the amount of deadly illicit nar- 14 cotics, including fentanyl, from entering the United 15 States would reduce the number of Americans who 16 die annually from the use of such narcotics. 17 (6) Because of the failure to update nonintru- 18 sive inspection technologies at land ports of entry 19 along the southern border of the United States, 20 there has been an increase in the amount of illicit 21 narcotics, such as fentanyl, being trafficked across 22 the southern border. 23 VerDate Sep 11 2014 21:31 May 03, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1312.IS S1312 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •S 1312 IS (7) Between 2021 and 2022, approximately 1 1,514,000 pounds of illicit drugs were seized at the 2 southern border. 3 (8) U.S. Customs and Border Protection agents 4 had 199,976 encounters at the southern border dur- 5 ing July 2022, including— 6 (A) 134,362 single adults; 7 (B) 51,822 family units; and 8 (C) 13,299 unaccompanied minors. 9 (9) According to the Department of Homeland 10 Security, 750 migrants died attempting to cross the 11 southern border during fiscal year 2022, which is— 12 (A) more migrant deaths than occurred in 13 any previous fiscal year; and 14 (B) more than 200 more migrant deaths 15 than the number of such deaths during fiscal 16 year 2021. 17 (10) The United States has a backlog of open 18 removal cases, which totaled more than 1,820,000 as 19 of June 2022. 20 (11) Since October 1, 2019, U.S. Customs and 21 Border Protection has reported 1,302 encounters 22 with potential terrorists at ports of entry along the 23 southern and northern borders. 24 VerDate Sep 11 2014 21:31 May 03, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1312.IS S1312 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •S 1312 IS (12) According to U.S. Customs and Border 1 Protection onboard staffing data, approximately 2 2,700 additional U.S. Customs and Border Protec- 3 tion officers need to be stationed at United States 4 ports of entry to fully staff such ports. 5 (13) There are approximately 20,000 border 6 agents stationed at ports of entry along the southern 7 border. 8 (14) Due to shifting priorities, construction 9 delays, a lack of available technology solutions, and 10 funding constraints, most southern U.S. Border Pa- 11 trol sectors still rely on obsolete systems or tech- 12 nologies. 13 SEC. 3. FUNDING FOR NONINTRUSIVE BORDER INSPEC- 14 TIONS. 15 Of the unobligated balances from amounts made 16 available under section 10301(1)(A)(ii) of Public Law 17 117–169, $5,000,000,000 shall be transferred to U.S. 18 Customs and Border Protection during the 9-year period 19 ending on October 1, 2032, for nonintrusive inspection 20 systems to achieve a 100 percent nonintrusive inspection 21 scanning rate at all northern border and southwest border 22 land ports of entry by October 1, 2032. 23 VerDate Sep 11 2014 21:31 May 03, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1312.IS S1312 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •S 1312 IS SEC. 4. FUNDING FOR BORDER WALL CONSTRUCTION. 1 (a) IN GENERAL.—Of the unobligated balances from 2 amounts made available under section 10301(1)(A)(ii) of 3 Public Law 117–169, $10,000,000,000 shall be trans- 4 ferred to the Department of Homeland Security during 5 the 9-year period ending on October 1, 2032, for activities 6 related to the construction of a border wall system along 7 the southwest international border of the United States. 8 (b) QUARTERLY REPORTS.—The Secretary of Home- 9 land Security shall submit quarterly reports to the Com- 10 mittee on Appropriations of the Senate, the Committee on 11 Finance of the Senate, the Committee on Homeland Secu- 12 rity and Governmental Affairs of the Senate, the Com- 13 mittee on Appropriations of the House of Representatives, 14 the Committee on Ways and Means of the House of Rep- 15 resentatives, and the Committee on Homeland Security of 16 the House of Representatives that contains— 17 (1) an implementation plan with benchmarks 18 related to stemming illegal immigration; and 19 (2) cost estimates associated with border wall 20 system construction. 21 SEC. 5. AUTHORIZATION TO PROVIDE BONUSES TO U.S. 22 CUSTOMS AND BORDER PROTECTION 23 AGENTS. 24 (a) RECRUITMENT BONUSES.— 25 VerDate Sep 11 2014 21:31 May 03, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1312.IS S1312 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •S 1312 IS (1) IN GENERAL.—Subject to the approval of 1 the Secretary of Homeland Security, the Commis- 2 sioner of U.S. Customs and Border Protection may 3 pay a recruitment bonus, not to exceed $15,000, to 4 each newly hired U.S. Customs and Border Protec- 5 tion agent after— 6 (A) the agent completes initial basic train- 7 ing; and 8 (B) the execution of a written agreement 9 described in paragraph (2). 10 (2) WRITTEN AGREEMENT.—A written agree- 11 ment described in this paragraph is a legally binding 12 agreement between a newly hired agent and U.S. 13 Customs and Border Protection that— 14 (A) specifies the amount of the bonus pay- 15 ment to be paid to such agent, including the 16 timing of such payment; 17 (B) the length of the period of service re- 18 quired to be completed before such agent is en- 19 titled to retain such payment; and 20 (C) any other terms and conditions to 21 which such payment is subject. 22 (b) RETENTION BONUSES.—Subject to the approval 23 of the Secretary of Homeland Security, the Commissioner 24 of U.S. Customs and Border Protection may pay annual 25 VerDate Sep 11 2014 21:31 May 03, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1312.IS S1312 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •S 1312 IS retention bonuses, not to exceed 15 percent of the agent’s 1 basic pay, to U.S. Border Patrol agents after the comple- 2 tion of each year of satisfactory service, as determined by 3 the Commissioner. 4 (c) RELOCATION BONUS.—Subject to the approval of 5 the Secretary of Homeland Security, the Commissioner of 6 U.S. Customs and Border Protection may pay a relocation 7 bonus, not to exceed 15 percent of the agent’s annual 8 basic pay, to a U.S. Customs and Border Protection agent 9 who agrees to be transferred and to serve for not less than 10 3 years at the new duty station. 11 (d) LIMITATION.—None of the bonuses paid to a U.S. 12 Customs and Border Protection agent pursuant to sub- 13 sections (a) through (c) may be considered part of the 14 basic pay of such agent for any purpose, including for re- 15 tirement or in computing a lump-sum payment to the 16 agent for accumulated and accrued annual leave under 17 section 5551 or 5552 of title 5, United States Code. 18 SEC. 6. TREATMENT OF ALIENS ARRIVING FROM CONTIG- 19 UOUS TERRITORY. 20 Section 235(b)(2)(C) of the Immigration and Nation- 21 ality Act (8 U.S.C. 1225(b)(2)(C)) is amended by striking 22 ‘‘may return’’ and all that follows and inserting the fol- 23 lowing: ‘‘shall— 24 VerDate Sep 11 2014 21:31 May 03, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1312.IS S1312 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •S 1312 IS ‘‘(i) return the alien to such territory, 1 or to a safe third country (as described in 2 section 208), pending the completion of a 3 proceeding under section 240; or 4 ‘‘(ii) detain the alien for further con- 5 sideration of an application for asylum, 6 which shall include a determination of 7 credible fear of persecution.’’. 8 Æ VerDate Sep 11 2014 21:31 May 03, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\S1312.IS S1312 pbinns on DSKJLVW7X2PROD with $$_JOB