Official Summaries

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.)

Current Full Text

[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.''.
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