Continuing Appropriations and Border Security Enhancement Act, 2024

Motion to reconsider laid on the table Agreed to without objection.

Sep 29, 2023

This bill provides continuing federal appropriations for fiscal year 2024 through October 31, 2023, funding defense, Veterans Affairs, and disaster relief at 2023 levels while reducing other programs by 8.1%. It includes border security provisions requiring the Department of Homeland Security to resume wall construction activities from before January 2021, construct at least 900 miles of border wall (up from the current 700-mile fencing requirement), and waive legal requirements to expedite barrier construction. The bill also requires U.S. Customs and Border Protection to submit a technology investment plan, maintain at least 22,000 Border Patrol agents by September 2025, equip officers with communication devices, fully implement a border surveillance program, and upgrade license plate readers at ports of entry. Additionally, it modifies asylum eligibility requirements and exempts certain budgetary effects from pay-as-you-go rules.

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Continuing Appropriations and Border Security Enhancement Act, 2024 This bill provides continuing FY2024 appropriations for federal agencies through October 31, 2023. It also makes various changes to immigration law, including by imposing limits on asylum eligibility. DIVISION A--CONTINUING APPROPRIATIONS ACT, 2024 Continuing Appropriations Act, 2024 This division provides continuing FY2024 appropriations to federal agencies through the earlier of October 31, 2023, or the enactment of the applicable appropriations act. It is known as a continuing resolution (CR) and prevents a government shutdown that would otherwise occur if the FY2024 appropriations bills have not been enacted when FY2024 begins on October 1, 2023. The CR generally funds defense, Department of Veterans Affairs, and disaster relief programs at the FY2023 levels and reduces funding for other programs by 8.1%. It also includes several exceptions that provide funding flexibility and additional appropriations for various programs. The division extends the National Flood Insurance Program and the Department of Agriculture's Livestock Mandatory Reporting program through October 31, 2023. The division also includes several provisions that prohibit the Department of Homeland Security from using the funds provided by the CR for various purposes related to immigration. DIVISION B--OTHER MATTERS This division exempts the budgetary effects of this division and each succeeding division from (1) the Statutory Pay-As-You-Go Act of 2010 (PAYGO Act), (2) the Senate PAYGO rule, and (3) certain budget scorekeeping rules. DIVISION C--BORDER SECURITY This division requires certain actions related to border security. (Sec. 102) This section requires the Department of Homeland Security (DHS) to resume all activities related to constructing a wall along the U.S.-Mexico border that were underway or planned prior to January 20, 2021. (Sec. 103) This section imposes additional requirements on DHS related to the construction of barriers along the U.S.-Mexico border. For example, the bill requires DHS to construct a border wall (including related infrastructure and technology) along at least 900 miles of that border, whereas currently DHS is required to have at least 700 miles of reinforced fencing along that border. This section also requires DHS to waive all legal requirements necessary to ensure the expeditious construction of the border barriers, whereas currently DHS is authorized to waive such requirements. (Sec. 104) This section requires U.S. Customs and Border Protection (CBP) to submit a strategic five-year technology investment plan to Congress. (Sec. 105) This section imposes certain documentation and acquisition-related standards on major border security technology acquisitions, generally those that cost at least $100 million based on FY2023 constant dollars. (Sec. 106) This section requires CBP to (1) ensure that each CBP officer or agent is equipped with a two-way communication device, (2) fully implement the Border Security Deployment Program (a border surveillance program), and (3) upgrade license plate readers as needed at ports of entry along the northern and southern borders. (Sec. 107) This section authorizes retention bonuses for eligible frontline U.S. Border Patrol law enforcement agents. The section also requires CBP to maintain an active duty presence of at least 22,000 full-time equivalent Border Patrol agents by September 30, 2025. (Sec. 108) This section modifies a provision that exempts certain applicants for CBP law enforcement positions from having to take a polygraph test. For example, this section provides this exemption to certain law enforcement officers, whereas currently the waiver is only available to eligible veterans. The waiver provision established by this section is not applicable during periods when CBP certifies that it has met certain staffing requirements. (Sec. 109) This section requires CBP to implement a workload staffing model for the B