[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4361 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 397
118th CONGRESS
2d Session
S. 4361
Making emergency supplemental appropriations for border security and
combatting fentanyl for the fiscal year ending September 30, 2024, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 16, 2024
Mr. Murphy introduced the following bill; which was read the first time
May 20, 2024
Read the second time and placed on the calendar
_______________________________________________________________________
A BILL
Making emergency supplemental appropriations for border security and
combatting fentanyl for the fiscal year ending September 30, 2024, 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 Act of 2024''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short Title.
Sec. 2. Table of Contents.
Sec. 3. References.
DIVISION A--BORDER SECURITY AND COMBATTING FENTANYL SUPPLEMENTAL
APPROPRIATIONS ACT, 2024
DIVISION B--BORDER 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 SECURITY AND COMBATTING FENTANYL SUPPLEMENTAL
APPROPRIATIONS ACT, 2024
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2024, 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'', $440,000,000, to remain available until September 30, 2026:
Provided, That of the total amounts provided under this heading in this
Act, $404,000,000 shall be for Immigration Judge Teams, including
appropriate attorneys, law clerks, paralegals, court administrators,
and other support staff, as well as necessary court and adjudicatory
costs, and $36,000,000 shall be for representation for certain
incompetent adults pursuant to section 240(e) of the Immigration and
Nationality Act (8 U.S.C. 1229a(e)): Provided further, That not more
than 3 percent of the funds available for representation for certain
incompetent adults in the preceding proviso shall be available for
necessary administrative expenses: Provided further, That with the
exception of immigration judges appointed pursuant to section 1003.10
of title 8, Code of Federal Regulations, amounts provided under this
heading in this Act for Immigration Judge Teams may not be used to
increase the number of permanent positions: Provided further, That the
Executive Office for Immigration Review shall submit a spending plan to
the Committees on Appropriations of the House of Representatives and
the Senate within 45 days after the date of enactment of this Act:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Legal Activities
salaries and expenses, general legal activities
For an additional amount for ``Salaries and Expenses, General Legal
Activities'', $11,800,000, to remain available until September 30,
2026, for necessary expenses of the Criminal Division associated with
the Joint Task Force Alpha's efforts to combat human trafficking and
smuggling in the Western Hemisphere: Provided, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
United States Marshals Service
federal prisoner detention
For an additional amount for ``United States Marshals Service--
Federal Prisoner Detention'', $210,000,000, to remain available until
expended, for detention costs due to enforcement activities along the
southern and northern borders: Provided, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Federal Bureau of Investigation
salaries and expenses
For an additional amount for ``Federal Bureau of Investigation--
Salaries and Expenses'', $204,000,000, to remain available until
September 30, 2026, for expenses related to the analysis of DNA
samples, including those samples collected from migrants detained by
the United States Border Patrol: Provided, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Drug Enforcement Administration
salaries and expenses
For an additional amount for ``Drug Enforcement Administration--
Salaries and Expenses'', $23,200,000, to remain available until
September 30, 2026, to enhance laboratory analysis of illicit fentanyl
samples to trace illicit fentanyl supplies back to manufacturers, to
support Operation Overdrive, and to bolster criminal drug network
targeting efforts through data system improvements: Provided, That
such amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
TITLE II
DEPARTMENT OF HOMELAND SECURITY
DEPARTMENTAL MANAGEMENT, INTELLIGENCE, SITUATIONAL AWARENESS, AND
OVERSIGHT
Office of the Secretary and Executive Management
operations and support
For an additional amount for ``Office of the Secretary and
Executive Management--Operations and Support'', $33,000,000, to remain
available until September 30, 2026, of which $30,000,000 shall be for
necessary expenses relating to monitoring, recording, analyzing, public
reporting on, and projecting migration flows and the impacts policy
changes and funding have on flows and related resource requirements for
border security, immigration enforcement, and immigration services and
of which $3,000,000 shall be for the Office of the Immigration
Detention Ombudsman for reporting and oversight relating to expanded
detention capacity: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
operations and support
(including transfer of funds)
For an additional amount for ``U.S. Customs and Border Protection--
Operations and Support'', $4,001,239,000, to remain available until
September 30, 2026: Provided, That of the total amount provided under
this heading in this Act, $2,091,363,000 shall be for operational
requirements relating to migration surges along the southwest border,
counter-fentanyl activities, necessary expenses at ports of entry,
reimbursement to the Department of Defense for border operations
support, and other related expenses; $1,134,876,000 shall be for the
hiring of U.S. Customs and Border Protection personnel; $25,000,000
shall be for familial DNA testing; and $750,000,000 shall be
transferred to ``Federal Emergency Management Agency--Federal
Assistance'' to support sheltering and related activities provided by
non-Federal entities through the Shelter and Services Program:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
procurement, construction, and improvements
For an additional amount for ``U.S. Customs and Border Protection--
Procurement, Construction, and Improvements'', $2,334,000,000, to
remain available until September 30, 2027: Provided, That of the total
amount provided under this heading in this Act, $2,000,000,000 shall be
for acquisition and deployment of non-intrusive inspection technology,
$260,000,000 shall be for acquisition and deployment of border security
technology, and $74,000,000 shall be for acquisition and deployment of
air assets: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
U.S. Immigration and Customs Enforcement
operations and support
For an additional amount for ``U.S. Immigration and Customs
Enforcement--Operations and Support'', $6,043,876,000, to remain
available until September 30, 2026: Provided, That of the total amount
provided under this heading in this Act, $1,671,614,000 shall be for
increased custodial detention capacity, $2,465,643,000 shall be for
increased removal flights and related activities, including short-term
staging facilities, $415,752,000 shall be for hiring U.S. Immigration
and Customs Enforcement personnel, $203,765,000 shall be for counter
fentanyl investigations and enforcement, and $1,287,102,000 shall be
for increased enrollment capabilities and related activities within the
Alternatives to Detention program: Provided further, That such amount
is designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Federal Emergency Management Agency
federal assistance
For an additional amount for ``Federal Emergency Management
Agency--Federal Assistance'', $100,000,000, to remain available until
September 30, 2025, for Operation Stonegarden: Provided, That not less
than 25 percent of the total amount provided under this heading in this
Act shall be for States other than those located along the southwest
border: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
U.S. Citizenship and Immigration Services
operations and support
For an additional amount for ``U.S. Citizenship and Immigration
Services--Operations and Support'', $3,995,842,000, to remain available
until September 30, 2026: Provided, That of the total amount provided
under this heading in this Act, $3,383,262,000 shall be for hiring and
associated costs, $112,580,000 shall be for non-personnel operations,
including transcription services, and $500,000,000 shall be for
facilities: Provided further, That such amounts shall be in addition
to any other amounts made available for such purposes, and shall not be
construed to require any reduction of any fee described in section
286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)):
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Federal Law Enforcement Training Centers
operations and support
For an additional amount for ``Federal Law Enforcement Training
Centers--Operations and Support'', $50,703,000, to remain available
until September 30, 2026: Provided, That of the total amount provided
under this heading in this Act, $49,603,000 shall be for training-
related expenses, to include instructors, tuition, and overhead costs
associated with the delivery of basic law enforcement training and
$1,100,000 shall be for the necessary mission support activities and
facility maintenance required for law enforcement training: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 201. (a) The Secretary shall, by March 1, 2025, and quarterly
thereafter, provide to the Committees on Appropriations of the House of
Representatives and the Senate a report describing changes in
performance metrics and operational capabilities relating to border
security, immigration enforcement, and immigration services, and the
relationship of those changes to actual and projected encounters on the
southwest border.
(b) The report required by subsection (a) shall also include an
analytic assessment of how policy changes and resources provided in
this title of this Act impact efficiencies and resource needs for--
(1) other programs within the Department; and
(2) other Federal Departments and agencies.
Sec. 202. (a) Amounts made available in this Act under the heading
``U.S. Customs and Border Protection--Procurement, Construction, and
Improvements'' for acquisition and deployment of border security
technology shall be available only as follows:
(1) $170,000,000 for the procurement and deployment of
autonomous surveillance towers systems in locations that are
not currently covered by such systems or technology, as defined
in subsection (d);
(2) $47,500,000 for the procurement and deployment of
mobile surveillance capabilities, including mobile video
surveillance systems and for obsolete mobile surveillance
equipment replacement, counter-UAS, and small unmanned aerial
systems;
(3) $25,000,000 for subterranean detection capabilities;
(4) $7,500,000 for seamless integrated communications to
extend connectivity for Border Patrol agents; and
(5) $10,000,000 for the acquisition of data from long
duration unmanned surface vehicles in support of maritime
border security.
(b) None of the funds available under subsection (a)(1) shall be
used for the procurement or deployment of border security technology
that is not autonomous.
(c) For the purposes of this section, ``autonomous'' and
``autonomous surveillance tower systems'' are defined as integrated
software and/or hardware systems that utilize sensors, onboard
computing, and artificial intelligence to identify items of interest
that would otherwise be manually identified by personnel.
(d) Not later than 90 days after the date of enactment of this Act,
and monthly thereafter, U.S. Customs and Border Protection shall
provide to the Committees on Appropriations of the House of
Representatives and the Senate an expenditure plan for the use of the
funds available under subsection (a)(1) and such expenditure plan shall
include the following:
(1) the number and type of systems that will be procured;
(2) the U.S. Border Patrol sectors where each system will
be deployed;
(3) a timeline for system deployments, including a timeline
for securing necessary approvals and land rights;
(4) estimated annual sustainment costs for the systems; and
(5) other supporting information.
Sec. 203. (a) Amounts made available in this Act under the heading
``U.S. Customs and Border Protection--Procurement, Construction, and
Improvements'' for acquisition and deployment of non-intrusive
inspection technology shall be available only through an open
competition occurring after the date of enactment of this Act to
acquire innovative technologies that improve performance, including
through the integration of artificial intelligence and machine learning
capabilities.
(b) Beginning on March 1, 2025, the Commissioner of U.S. Customs
and Border Protection shall provide to the Committees on Appropriations
of the House of Representatives and the Senate a quarterly update on
the impacts of deployments of additional non-intrusive inspection
technology on key performance metrics and operational capabilities and
such expenditure plan shall include the following:
(1) the percentage of passenger and cargo vehicles scanned;
(2) the percentage of seizures of narcotics, currency,
weapons, and ammunition, and other illicit items at inbound and
outbound operations at ports of entry, checkpoints, and other
locations as applicable; and
(3) the impact on U.S. Customs and Border Protection
workforce requirements resulting from the deployment of
additional non-intrusive inspection technology.
Sec. 204. (a) Not later than 30 days after the date of enactment of
this Act, the Under Secretary for Management at the Department of
Homeland Security shall provide to the Committees on Appropriations of
the House of Representatives and the Senate an expenditure and hiring
plan for amounts made available in this title of this Act.
(b) The plan required in subsection (a) shall not apply to funds
made available in this Act under the heading ``Federal Emergency
Management Agency--Federal Assistance'' or to funds transferred by this
Act to such heading.
(c) The plan required in subsection (a) shall be updated and
submitted to the Committees on Appropriations of the House of
Representatives and the Senate every 30 days and no later than the 5th
day of each month to reflect changes to the plan and expenditures of
funds until all funds made available in this title of this Act are
expended or have expired.
(d) None of the funds made available in this title of this Act may
be obligated prior to the submission of such plan.
Sec. 205. The remaining unobligated balances, as of the date of
enactment of this Act, from amounts made available under the heading
``U.S. Customs and Border Protection--Procurement, Construction, and
Improvements'' in division D of the Consolidated Appropriations Act,
2020 (Public Law 116-93) and described in section 209(a)(1) of such
division of that Act and division F of the Consolidated Appropriations
Act, 2021 (Public Law 116-260) and described in section 210 of such
division of that Act are hereby rescinded, and an amount of additional
new budget authority equivalent to the amount rescinded pursuant to
this section is hereby appropriated, for an additional amount for
fiscal year 2024, to remain available until September 30, 2028, and
shall be available for the same purposes and under the same authorities
and conditions for which such amounts were originally provided in such
Acts: Provided, That none of the funds allocated for pedestrian
physical barriers pursuan