[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1312 Introduced in Senate (IS)]
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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. 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.
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 ``Securing our Border Act''.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.''.
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