Securing our Border Act
This bill addresses issues concerning border security and immigration, including by transferring unobligated funds from the Internal Revenue Service to certain border-related projects.
Specifically, the bill transfers certain unobligated funds previously appropriated for tax enforcement activities (e.g., collecting owed taxes and conducting criminal investigations) to fund (1) nonintrusive inspection systems along the northern border and southwest border of the United States, and (2) the construction of a border wall system along the southwest border.
The bill also authorizes the U.S. Customs and Border Protection to pay recruitment, retention, and relocation bonuses, subject to various requirements and limitations. For example, a relocation bonus may not exceed 15% of the agent's annual basic bay and must be conditioned on the agent agreeing to serve for at least three years at the new duty station.
The bill also modifies the treatment of non-U.S. nationals (aliens under federal law) arriving by land from a country next to the United States. Specifically, if such an individual is not clearly entitled to admission into the United States, the Department of Justice must (1) return the individual to that neighboring country or a safe third country while removal proceedings are pending, or (2) detain the individual while the individual's asylum application is under consideration. (Current law authorizes DOJ to return the individual to the neighboring country but does not require such action or detention.)
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 481 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 481
To reprogram all remaining unobligated funds from the IRS enforcement
account.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 6 (legislative day, February 5), 2025
Mr. Scott of South Carolina (for himself, Mr. Cassidy, Mr. Rounds, and
Mr. Daines) introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To reprogram all remaining unobligated funds from the IRS enforcement
account.
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) During 2023, an estimated 105,007 drug overdose deaths
occurred in the United States.
(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) During fiscal year 2023, U.S. Customs and Border
Protection agents processed more than 1,081,030 passengers and
pedestrians.
(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) The amount of illicit drugs seized by U.S. Customs and
Border Protection along the southwest border was
approximately--
(A) 241,000 pounds during fiscal year 2023; and
(B) 275,000 pounds during fiscal year 2024.
(8) U.S. Customs and Border Protection agents had 2,135,005
encounters along the southern border during fiscal year 2024,
including--
(A) 1,218,880 single adults;
(B) 804,456 family units; and
(C) 109,998 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) As of September 30, 2024, the immigration court
backlog was 3,558,995 cases.
(11) Since the end of fiscal year 2019, U.S. Customs and
Border Protection has reported 2,371 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) 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.
One-third of the unobligated balances (as of the date of the
enactment of this Act) from amounts made available under section
10301(1)(A)(ii) of Public Law 117-169 shall be transferred to U.S.
Customs and Border Protection during the period beginning on the date
of the enactment of this Act and ending on February 6, 2034, 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 February 6, 2034.
SEC. 4. FUNDING FOR BORDER WALL CONSTRUCTION.
(a) In General.--Two-thirds of the unobligated balances (as of the
date of the enactment of this Act) from amounts made available under
section 10301(1)(A)(ii) of Public Law 117-169 shall be transferred to
the Department of Homeland Security during the period beginning on the
date of the enactment of this Act and ending on February 6, 2034, 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.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Finance.
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