Border Management, Security, and Assistance Act of 2023

118TH CONGRESS 1ST SESSION S. 1600 Making further supplemental appropriations for the fiscal year ending Sep- tember 30, 2023, for border management activities, and for other pur- poses. IN THE SENATE OF THE UNITED STATES MAY 15, 2023 Mr. DURBIN (for himself, Mr. PETERS, Mr. BROWN, Mr. HEINRICH, Mr. LUJA´N, 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 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 ‘‘Border Management, 4 Security, and Assistance Act of 2023’’. 5 SEC. 2. TABLE OF CONTENTS. 6 Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. VerDate Sep 11 2014 00:52 May 17, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S1600.IS S1600 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •S 1600 IS DIVISION A—BORDER MANAGEMENT SUPPLEMENTAL APPROPRIATIONS ACT, 2023 DIVISION B—BORDER PROCEDURES AND IMPROVEMENTS ACT SEC. 3. REFERENCES. 1 Except as expressly provided otherwise, any reference 2 to ‘‘this Act’’ contained in any division of this Act shall 3 be treated as referring only to the provisions of that divi- 4 sion. 5 DIVISION A—BORDER MANAGEMENT SUP- 6 PLEMENTAL APPROPRIATIONS ACT, 7 2023 8 The following sums are appropriated, out of any 9 money in the Treasury not otherwise appropriated, for the 10 fiscal year ending September 30, 2023, and for other pur- 11 poses, namely: 12 TITLE I 13 DEPARTMENT OF JUSTICE 14 EXECUTIVE OFFICE FOR IMMIGRATION REVIEW 15 For an additional amount for ‘‘Executive Office for 16 Immigration Review’’, $95,000,000, to remain available 17 until September 30, 2024: Provided, That of the amounts 18 made available under this heading, $60,000,000 shall be 19 for new Immigration Judge Teams, including travel, sala- 20 ries, rental space, and support staff; $10,000,000 shall be 21 for Information Technology improvements and moderniza- 22 tion and other efficiencies, including digitizing records and 23 VerDate Sep 11 2014 00:52 May 17, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1600.IS S1600 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •S 1600 IS providing remote capabilities for proceedings; $22,000,000 1 shall be for covering expenses related to supporting week- 2 end adjudications; and $3,000,000 shall be for services 3 and activities provided by the Legal Orientation Program. 4 LEGAL ACTIVITIES 5 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES 6 For an additional amount for ‘‘Salaries and Ex- 7 penses, General Legal Activities’’, $21,873,000, to remain 8 available until expended: Provided, That of the amounts 9 made available under this heading, $7,373,000 shall be 10 to support the Criminal Division’s Joint Task Force 11 Alpha; $1,300,000 shall be for the Civil Division’s Office 12 of Immigration Litigation, District Courts section, to be 13 used for immediate litigation related to Southwest border 14 enforcement; and $13,200,000 shall be for the Civil Divi- 15 sion’s Office of Immigration Litigation, Appellate section, 16 to be used for personnel and additional litigation needs 17 related to Southwest border enforcement. 18 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS 19 For an additional amount for ‘‘Salaries and Ex- 20 penses, United States Attorneys’’, $47,000,000, to remain 21 available until September 30, 2025, for necessary expenses 22 for increased law enforcement activities related to South- 23 west border enforcement: Provided, That no funds shall 24 be used to prosecute an alien pursuant to section 275 or 25 VerDate Sep 11 2014 00:52 May 17, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1600.IS S1600 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •S 1600 IS 276 of the Immigration and Nationality Act (8 U.S.C. 1 1325 or 8 U.S.C. 1326), if such alien has a pending claim 2 for protection, has received a positive adjudication of such 3 claim, or is subject to an administrative or judicial appeal 4 or process. 5 UNITED STATES MARSHALS SERVICE 6 SALARIES AND EXPENSES 7 For an additional amount for ‘‘Salaries and Ex- 8 penses’’, $50,100,000, to remain available until September 9 30, 2024, for necessary expenses for increased law en- 10 forcement activities related to Southwest border enforce- 11 ment. 12 FEDERAL PRISONER DETENTION 13 For an additional amount for ‘‘Federal Prisoner De- 14 tention’’, $150,000,000, to remain available until ex- 15 pended. 16 FEDERAL BUREAU OF INVESTIGATION 17 SALARIES AND EXPENSES 18 For an additional amount for ‘‘Salaries and Ex- 19 penses’’, $160,000,000: Provided, That of the amounts 20 made available under this heading, $2,550,000, to remain 21 available until September 30, 2024, shall be to acquire ad- 22 ditional DNA kits related to Southwest border enforce- 23 ment and $157,450,000, to remain available until Sep- 24 tember 30, 2025, shall be for analysis of DNA samples 25 VerDate Sep 11 2014 00:52 May 17, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1600.IS S1600 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •S 1600 IS received from the Department of Homeland Security re- 1 lated to Southwest border enforcement. 2 DRUG ENFORCEMENT ADMINISTRATION 3 SALARIES AND EXPENSES 4 For an additional amount for ‘‘Salaries and Ex- 5 penses’’, $68,400,000, to remain available until September 6 30, 2025, for necessary expenses for increased law en- 7 forcement activities related to Southwest border enforce- 8 ment. 9 STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES 10 OFFICE OF JUSTICE PROGRAMS 11 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE 12 For an additional amount for ‘‘State and Local Law 13 Enforcement Assistance’’, $13,000,000, to remain avail- 14 able until September 30, 2024: Provided, That of the 15 amounts made available under this heading, $3,000,000 16 shall be for small, rural, and Tribal law enforcement agen- 17 cies in jurisdictions along or near the Southwest border 18 for grants authorized under the Missing Persons and Un- 19 identified Remains Act of 2019 (Public Law 116–277) 20 and $10,000,000 shall be for a rural violent crime initia- 21 tive to support the investigation and prosecution of violent 22 crime for State, local, and Tribal governments for jurisdic- 23 tions located within 100 miles of the Southwest border. 24 VerDate Sep 11 2014 00:52 May 17, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1600.IS S1600 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •S 1600 IS TITLE II 1 DEPARTMENT OF DEFENSE 2 MILITARY PERSONNEL 3 MILITARY PERSONNEL, ARMY 4 For an additional amount for ‘‘Military Personnel, 5 Army’’, $135,000,000 for necessary expenses related to 6 Southwest border activities. 7 OPERATION AND MAINTENANCE 8 OPERATION AND MAINTENANCE, ARMY 9 For an additional amount for ‘‘Operation and Main- 10 tenance, Army’’, $116,000,000 for necessary expenses re- 11 lated to Southwest border activities. 12 TITLE III 13 SECURITY, ENFORCEMENT, AND 14 INVESTIGATIONS 15 U.S. CUSTOMS AND BORDER PROTECTION 16 OPERATIONS AND SUPPORT 17 (INCLUDING TRANSFER OF FUNDS) 18 For an additional amount for ‘‘Operations and Sup- 19 port’’ for necessary expenses to respond to the rise in non- 20 citizen arrivals at the southwest border and related activi- 21 ties, $2,888,968,000, to remain available until September 22 30, 2024: Provided, That of the amounts made available 23 under this heading, $1,950,000,000 shall be transferred 24 to ‘‘Federal Emergency Management Agency—Federal 25 VerDate Sep 11 2014 00:52 May 17, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1600.IS S1600 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •S 1600 IS Assistance’’ for the Shelter and Services Program to sup- 1 port sheltering and related activities provided by non-Fed- 2 eral entities, including construction and facility improve- 3 ments: Provided further, That of the amounts made avail- 4 able under this heading, $603,520,000 shall be for estab- 5 lishing and operating temporary processing facilities, in- 6 cluding auxiliary facilities to increase processing capacity 7 at ports of entry along the southwest border while sup- 8 porting trade facilitation and travel; $67,655,000 shall be 9 for temporary duty, overtime costs, and volunteer force; 10 $57,025,000 shall be for transportation; $56,000,000 11 shall be for mission support data systems and analysis; 12 $53,150,000 shall be for contract support for intake proc- 13 essing and data entry; $51,000,000 shall be for additional 14 Customs and Border Protection Officers; $28,618,000 15 shall be for caregivers and medical care; $11,000,000 shall 16 be for employee wellness; and $11,000,000 shall be for em- 17 ployee retention. 18 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 19 For an additional amount for ‘‘Procurement, Con- 20 struction, and Improvements’’ for improving security at 21 and between ports of entry along the southwest border, 22 $1,130,000,000, to remain available until September 30, 23 2025: Provided, That of the amounts made available under 24 this heading, $700,000,000 shall be for additional non- 25 VerDate Sep 11 2014 00:52 May 17, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1600.IS S1600 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •S 1600 IS intrusive inspection equipment to increase scanning of ve- 1 hicles and $430,000,000 shall be for the acquisition and 2 deployment of innovative border security technology, in- 3 cluding for surveillance, such as mobile and fixed towers, 4 unmanned aerial technology, subterranean detection capa- 5 bilities, and other technologies to assist with search and 6 rescue detection. 7 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT 8 OPERATIONS AND SUPPORT 9 For an additional amount for ‘‘Operations and Sup- 10 port’’ for necessary expenses to respond to the rise in non- 11 citizen arrivals at the southwest border and related activi- 12 ties, $960,000,000, to remain available until September 13 30, 2024: Provided, That of the amounts made available 14 under this heading, $553,420,000 shall be for transpor- 15 tation and removal; $127,000,000 shall be for alternatives 16 to detention; $13,000,000 shall be for additional tech- 17 nology and capacity to conduct immigration proceedings 18 while in custody and access counsel; $36,000,000 shall be 19 for Transportation Processing Coordinator positions; 20 $52,300,000 shall be for temporary duty, overtime, other 21 on-board personnel costs including reimbursements, and 22 employee wellness; $117,000,000 shall be to reimburse for 23 noncitizen medical bills accrued by third parties within 24 seven days of release from custody, including State, local, 25 VerDate Sep 11 2014 00:52 May 17, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1600.IS S1600 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •S 1600 IS and emergency and first response; and $61,280,000 shall 1 be for Homeland Security Investigations trafficking inves- 2 tigations and investigations related to Operation Blue 3 Lotus. 4 U.S. CITIZENSHIP AND IMMIGRATION SERVICES 5 OPERATIONS AND SUPPORT 6 For an additional amount for ‘‘Operations and Sup- 7 port’’ for necessary expenses to respond to the rise in non- 8 citizen arrivals at the southwest border and related activi- 9 ties, $409,000,000, to remain available until September 10 30, 2024: Provided, That of the amounts made available 11 under this heading, $210,000,000 shall be for the efficient 12 processing of asylum claims and related protection 13 screenings; $100,000,000 shall be for backlogs in the asy- 14 lum system; and $99,000,000 shall be for work authoriza- 15 tion adjudications associated with processes to adjudicate 16 protection claims in a safe and orderly way. 17 GENERAL PROVISIONS—THIS TITLE 18 SEC. 301. (a) Not later than 45 days after the date 19 of enactment of this Act, the Under Secretary for Manage- 20 ment of the Department of Homeland Security shall pro- 21 vide an expenditure plan for the use of the funds made 22 available in this title to the Committees on Appropriations 23 of the Senate and the House of Representatives. 24 VerDate Sep 11 2014 00:52 May 17, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1600.IS S1600 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •S 1600 IS (b) Such plan shall be updated to reflect changes and 1 expenditures and submitted to the Committees on Appro- 2 priations of the Senate and the House of Representatives 3 every 60 days until all funds are expended or expired. 4 SEC. 302. (a) Not later than 180 days after the date 5 of enactment of this Act, the Under Secretary for Manage- 6 ment of the Department of Homeland Security, in coordi- 7 nation with the Federal Emergency Management Agency 8 and U.S. Customs and Border Protection, shall provide 9 a report to Congress on the Shelter and Services Program 10 funds made available in this title. 11 (b) Such plan shall include: 12 (1) award obligations; 13 (2) a description of the outreach to local com- 14 munities and non-governmental organizations receiv- 15 ing newly arrived noncitizens; 16 (3) the program criteria and requirements sug- 17 gested or adapted in response to such outreach to 18 ensure funding is accessible and meeting the needs 19 of local communities; 20 (4) a description of the program goals, policies, 21 and program structure; 22 (5) the award allocation methodology used by 23 the Program that depends to the greatest extent 24 possible on available border data; and 25 VerDate Sep 11 2014 00:52 May 17, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1600.IS S1600 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •S 1600 IS (6) outcome performance measures and results 1 related to achieving program goals. 2 TITLE IV 3 DEPARTMENT OF HEALTH AND HUMAN 4 SERVICES 5 ADMINISTRATION FOR CHILDREN AND FAMILIES 6 REFUGEE AND ENTRANT ASSISTANCE 7 For an additional amount for ‘‘Refugee and Entrant 8 Assistance’’, $1,000,000,000, to remain available until 9 September 30, 2024, for carrying out section 462 of the 10 Homeland Security Act of 2002 and section 235 of the 11 William Wilberforce Trafficking Victims Protection Reau- 12 thorization Act of 2008, and for refugee and entrant as- 13 sistance activities authorized by section 414 of the Immi- 14 gration and Nationality Act and section 501 of the Ref- 15 ugee Education Assistance Act of 1980, including for hir- 16 ing additional Federal Field Specialists, increasing and 17 improving case management and case coordination serv- 18 [Text truncated for display. Full text available on Congress.gov.]