U:\2024REPT\SUPP\ENSSAA01.xml

AMENDMENT NO.llll

SEN. APPRO.

Calendar No.lll

Purpose: In the nature of a substitute.
IN THE SENATE OF THE UNITED STATES—118th Cong., 1st Sess.

H.R. 815
To amend title 38, United States Code, to make certain
improvements relating to the eligibility of veterans toreceive reimbursement for emergency treatment furnished through the Veterans Community Care program,and for other purposes.
Referred to the Committee on llllllllll andordered to be printed
Ordered to lie on the table and to be printed
AMENDMENT IN THE NATURE OF A SUBSTITUTE intended
to be proposed by Mrs. MURRAY (for herself and Mr.
SCHUMER)
Viz:
1Strike all after the enacting clause and insert the fol-

2 lowing:
3

SECTION 1. SHORT TITLE.

4This Act may be cited as the ‘‘Emergency National

5 Security Supplemental Appropriations Act, 2024’’.
6

SEC. 2. TABLE OF CONTENTS.

7

The table of contents of this Act is as follows:
Sec. 1. Short Title.
Sec. 2. Table of Contents.
Sec. 3. References.
DIVISION A—NATIONAL SECURITY SUPPLEMENTAL
APPROPRIATIONS ACT, 2024

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

2DIVISION B—BORDER SECURITY AND COMBATTING FENTANYLSUPPLEMENTAL APPROPRIATIONS ACT, 2024
DIVISION C—BORDER ACT

1

SEC. 3. REFERENCES.

2

Except as expressly provided otherwise, any reference

3 to ‘‘this Act’’ contained in any division of this Act shall
4 be treated as referring only to the provisions of that divi5 sion.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

3
1 DIVISION A—NATIONAL SECURITY SUP2

PLEMENTALAPPROPRIATIONS

ACT,

3

2024

4

The following sums are appropriated, out of any

5 money in the Treasury not otherwise appropriated, for the
6 fiscal year ending September 30, 2024, and for other pur7 poses, namely:
8

TITLE I

9DEPARTMENT OF DEFENSE

10MILITARY PERSONNEL11MILITARY PERSONNEL, ARMY12

For an additional amount for ‘‘Military Personnel,

13 Army’’, $207,158,000, to remain available until December
14 31, 2024, to respond to the situation in Ukraine and for
15 related expenses: Provided, That such amount is des16 ignated by the Congress as being for an emergency re17 quirement pursuant to section 251(b)(2)(A)(i) of the Bal18 anced Budget and Emergency Deficit Control Act of 1985.
19
20

MILITARY PERSONNEL, MARINE CORPS
For an additional amount for ‘‘Military Personnel,

21 Marine Corps’’, $3,538,000, to remain available until De22 cember 31, 2024, to respond to the situation in Ukraine
23 and for related expenses: Provided, That such amount is
24 designated by the Congress as being for an emergency re-

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

4
1 quirement pursuant to section 251(b)(2)(A)(i) of the Bal2 anced Budget and Emergency Deficit Control Act of 1985.
3
4

MILITARY PERSONNEL, AIR FORCE
For an additional amount for ‘‘Military Personnel,

5 Air Force’’, $23,302,000, to remain available until Decem6 ber 31, 2024, to respond to the situation in Ukraine and7 for related expenses: Provided, That such amount is des8 ignated by the Congress as being for an emergency re9 quirement pursuant to section 251(b)(2)(A)(i) of the Bal10 anced Budget and Emergency Deficit Control Act of 1985.
11
12

MILITARY PERSONNEL, SPACE FORCE
For an additional amount for ‘‘Military Personnel,

13 Space Force’’, $4,192,000, to remain available until De14 cember 31, 2024, to respond to the situation in Ukraine
15 and for related expenses: Provided, That such amount is
16 designated by the Congress as being for an emergency re17 quirement pursuant to section 251(b)(2)(A)(i) of the Bal18 anced Budget and Emergency Deficit Control Act of 1985.
19

OPERATION AND MAINTENANCE

20

OPERATION AND MAINTENANCE, ARMY21

For an additional amount for ‘‘Operation and Main-

22 tenance, Army’’, $4,887,581,000, to remain available until
23 December 31, 2024, to respond to the situation in Ukraine
24 and for related expenses: Provided, That such amount is
25 designated by the Congress as being for an emergency re-

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

5
1 quirement pursuant to section 251(b)(2)(A)(i) of the Bal2 anced Budget and Emergency Deficit Control Act of 1985.
3
4

OPERATION AND MAINTENANCE, NAVY
For an additional amount for ‘‘Operation and Main-

5 tenance, Navy’’, $1,534,163,000, to remain available until
6 December 31, 2024, to respond to the situation in
7 Ukraine, to support improvements to the submarine indus8 trial base, and for related expenses: Provided, That of the
9 total amount provided under this heading in this Act,
10 $976,405,000 shall be to respond to the situation in
11 Ukraine and for related expenses: Provided further, That
12 of the total amount provided under this heading in this13 Act, $557,758,000, to remain available until September
14 30, 2024, shall be to support improvements to the sub15 marine industrial base and for related expenses: Provided
16 further, That such amount is designated by the Congress
17 as being for an emergency requirement pursuant to sec18 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer19 gency Deficit Control Act of 1985.
20

OPERATION AND MAINTENANCE, MARINE CORPS

21

For an additional amount for ‘‘Operation and Main-

22 tenance, Marine Corps’’, $69,045,000, to remain available
23 until December 31, 2024, to respond to the situation in
24 Ukraine and for related expenses: Provided, That such
25 amount is designated by the Congress as being for an

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

6
1 emergency

requirement

pursuanttosection2 251(b)(2)(A)(i) of the Balanced Budget and Emergency
3 Deficit Control Act of 1985.
4

OPERATION AND MAINTENANCE, AIR FORCE5

For an additional amount for ‘‘Operation and Main-

6 tenance, Air Force’’, $846,869,000, to remain available
7 until December 31, 2024, to respond to the situation in
8 Ukraine and for related expenses: Provided, That such
9 amount is designated by the Congress as being for an
10 emergency

requirement

pursuanttosection

11 251(b)(2)(A)(i) of the Balanced Budget and Emergency
12 Deficit Control Act of 1985.
13

OPERATION AND MAINTENANCE, SPACE FORCE14

For an additional amount for ‘‘Operation and Main-

15 tenance, Space Force’’, $8,443,000, to remain available
16 until December 31, 2024, to respond to the situation in
17 Ukraine and for related expenses: Provided, That such
18 amount is designated by the Congress as being for an
19 emergency

requirement

pursuanttosection

20 251(b)(2)(A)(i) of the Balanced Budget and Emergency
21 Deficit Control Act of 1985.
22

OPERATION AND MAINTENANCE, DEFENSE-WIDE

23(INCLUDING TRANSFERS OF FUNDS)

24

For an additional amount for ‘‘Operation and Main-

25 tenance, Defense-Wide’’, $34,230,780,000, to remain

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

7
1 available until December 31, 2024, to respond to the situ2 ations in Israel, Ukraine, and Taiwan and for related ex3 penses: Provided, That of the total amount provided under
4 this heading in this Act, $13,772,460,000, to remain
5 available until September 30, 2025, shall be for the
6 Ukraine Security Assistance Initiative: Provided further,
7 That such funds for the Ukraine Security Assistance Ini8 tiative shall be available to the Secretary of Defense under
9 the same terms and conditions as are provided for under
10 this heading in the Additional Ukraine Supplemental Ap11 propriations Act, 2023 (division M of Public Law 117–
12 328), and shall be available notwithstanding section 8135
13 of the Department of Defense Appropriations Act, 2023
14 (division C of Public Law 117–328) or any similar provi15 sion in any other Act making appropriations for the De16 partment of Defense: Provided further, That of the total
17 amount provided under this heading in this Act, up to
18 $4,400,000,000, to remain available until September 30,
19 2025, may be transferred to accounts under the headings
20 ‘‘Operation and Maintenance’’, ‘‘Procurement’’, and ‘‘Re21 volving and Management Funds’’ for replacement,
22 through new procurement or repair of existing unservice23 able equipment, of defense articles from the stocks of the
24 Department of Defense, and for reimbursement for de25 fense services of the Department of Defense and military

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

8
1 education and training, provided to or identified for provi2 sion to the Government of Israel or to foreign countries
3 that have provided support to Israel at the request of the
4 United

States:Providedfurther,

That

up

to

5 $13,414,432,000, to remain available until September 30,
6 2025, may be transferred to accounts under the headings
7 ‘‘Operation and Maintenance’’, ‘‘Procurement’’, and ‘‘Re8 volving and Management Funds’’ for replacement,
9 through new procurement or repair of existing unservice10 able equipment, of defense articles from the stocks of the
11 Department of Defense, and for reimbursement for de12 fense services of the Department of Defense and military
13 education and training, provided to or identified for provi14 sion to the Government of Ukraine or to foreign countries
15 that have provided support to Ukraine at the request of
16 the United States: Provided further, That up to
17 $1,900,000,000, to remain available until September 30,
18 2025, may be transferred to accounts under the headings
19 ‘‘Operation and Maintenance’’, ‘‘Procurement’’, and ‘‘Re20 volving and Management Funds’’ for replacement,
21 through new procurement or repair of existing unservice22 able equipment, of defense articles from the stocks of the
23 Department of Defense, and for reimbursement for de24 fense services of the Department of Defense and military
25 education and training, provided to or identified for provi-

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

9
1 sion to the Government of Taiwan or to foreign countries
2 that have provided support to Taiwan at the request of
3 the United States: Provided further, That funds trans4 ferred pursuant to the preceding three provisos shall be
5 merged with and available for the same purposes and for6 the same time period as the appropriations to which the
7 funds are transferred: Provided further, That the Sec8 retary of Defense shall notify the congressional defense
9 committees of the details of such transfers not less than
10 15 days before any such transfer: Provided further, That
11 upon a determination that all or part of the funds trans12 ferred from this appropriation are not necessary for the
13 purposes provided herein, such amounts may be trans14 ferred back and merged with this appropriation: Provided
15 further, That any transfer authority provided herein is in
16 addition to any other transfer authority provided by law:
17 Provided further, That such amount is designated by the
18 Congress as being for an emergency requirement pursuant
19 to section 251(b)(2)(A)(i) of the Balanced Budget and
20 Emergency Deficit Control Act of 1985.
21

PROCUREMENT22MISSILE PROCUREMENT, ARMY23

For an additional amount for ‘‘Missile Procurement,

24 Army’’, $2,742,757,000, to remain available until Sep25 tember 30, 2026, to respond to the situation in Ukraine

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

10
1 and for related expenses: Provided, That such amount is
2 designated by the Congress as being for an emergency re3 quirement pursuant to section 251(b)(2)(A)(i) of the Bal4 anced Budget and Emergency Deficit Control Act of 1985.
5
6

PROCUREMENT OF AMMUNITION, ARMY
For an additional amount for ‘‘Procurement of Am-

7 munition, Army’’, $6,414,300,000, to remain available
8 until September 30, 2026, to respond to the situations in
9 Israel and Ukraine and for related expenses: Provided,
10 That of the total amount provided under this heading in
11 this Act, $801,400,000 shall be to respond to the situation
12 in Israel and for related expenses: Provided further, That
13 of the total amount provided under this heading in this
14 Act, $5,612,900,000 shall be to respond to the situation
15 in Ukraine and for related expenses: Provided further,
16 That such amount is designated by the Congress as being
17 for an emergency requirement pursuant to section
18 251(b)(2)(A)(i) of the Balanced Budget and Emergency
19 Deficit Control Act of 1985.
20
21

OTHER PROCUREMENT, ARMY
For an additional amount for ‘‘Other Procurement,

22 Army’’, $308,991,000, to remain available until Sep23 tember 30, 2026, to respond to the situation in Ukraine
24 and for related expenses: Provided, That such amount is
25 designated by the Congress as being for an emergency re-

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

11
1 quirement pursuant to section 251(b)(2)(A)(i) of the Bal2 anced Budget and Emergency Deficit Control Act of 1985.
3
4

WEAPONS PROCUREMENT, NAVY
For an additional amount for ‘‘Weapons Procure-

5 ment, Navy’’, $706,976,000, to remain available until
6 September 30, 2026, to respond to the situation in
7 Ukraine and for related expenses: Provided, That such
8 amount is designated by the Congress as being for an
9 emergency

requirement

pursuanttosection

10 251(b)(2)(A)(i) of the Balanced Budget and Emergency
11 Deficit Control Act of 1985.
12
13

SHIPBUILDING AND CONVERSION, NAVY
For an additional amount for ‘‘Shipbuilding and Con-

14 version, Navy’’, $2,155,000,000, to remain available until
15 September 30, 2028, to support improvements to the sub16 marine industrial base and for related expenses: Provided,
17 That of the total amount provided under this heading in
18 this Act, funds shall be available as follows:
19

Columbia

20$1,955,000,000; and

21

Class

Submarine(AP),

Virginia Class Submarine (AP), $200,000,000:

22 Provided further, That such amount is designated by the
23 Congress as being for an emergency requirement pursuant
24 to section 251(b)(2)(A)(i) of the Balanced Budget and
25 Emergency Deficit Control Act of 1985.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

12
1
2

OTHER PROCUREMENT, NAVY
For an additional amount for ‘‘Other Procurement,

3 Navy’’, $319,570,000, to remain available until September
4 30, 2026, to respond to the situation in Ukraine, to sup5 port improvements to the submarine industrial base, and
6 for related expenses: Provided, That of the total amount7 provided under this heading in this Act, $26,000,000 shall
8 be to respond to the situation in Ukraine and for related
9 expenses: Provided further, That of the total amount pro10 vided under this heading in this Act, $293,570,000 shall
11 be to support improvements to the submarine industrial
12 base and for related expenses: Provided further, That such
13 amount is designated by the Congress as being for an
14 emergency

requirement

pursuanttosection

15 251(b)(2)(A)(i) of the Balanced Budget and Emergency
16 Deficit Control Act of 1985.
17
18

PROCUREMENT, MARINE CORPS
For an additional amount for ‘‘Procurement, Marine

19 Corps’’, $212,443,000, to remain available until Sep20 tember 30, 2026, to respond to the situation in Ukraine
21 and for related expenses: Provided, That such amount is
22 designated by the Congress as being for an emergency re23 quirement pursuant to section 251(b)(2)(A)(i) of the Bal24 anced Budget and Emergency Deficit Control Act of 1985.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

13
1
2

MISSILE PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Missile Procurement,

3 Air Force’’, $366,001,000, to remain available until Sep4 tember 30, 2026, to respond to the situation in Ukraine
5 and for related expenses: Provided, That such amount is
6 designated by the Congress as being for an emergency re7 quirement pursuant to section 251(b)(2)(A)(i) of the Bal8 anced Budget and Emergency Deficit Control Act of 1985.
9
10

OTHER PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Other Procurement,

11 Air Force’’, $2,808,678,000, to remain available until
12 September 30, 2026, to respond to the situation in
13 Ukraine and for other expenses: Provided, That such
14 amount is designated by the Congress as being for an
15 emergency

requirement

pursuanttosection

16 251(b)(2)(A)(i) of the Balanced Budget and Emergency
17 Deficit Control Act of 1985.
18
19

PROCUREMENT, DEFENSE-WIDE
For an additional amount for ‘‘Procurement, De-

20 fense-Wide’’, $5,246,780,000, to remain available until
21 September 30, 2026, to respond to the situations in Israel
22 and Ukraine and for related expenses: Provided, That of
23 the total amount provided under this heading in this Act,
24 $4,000,000,000 shall be for the Secretary of Defense to
25 provide to the Government of Israel for the procurement

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

14
1 of the Iron Dome and David’s Sling defense systems to
2 counter short-range rocket threats: Provided further, That
3 of the total amount provided under this heading in this4 Act, $1,200,000,000 shall be for the Secretary of Defense
5 to provide to the Government of Israel for the procure6 ment of the Iron Beam defense system to counter short7 range rocket threats: Provided further, That funds in the
8 preceding provisos shall be transferred pursuant to an ex9 change of letters and are in addition to funds provided
10 pursuant to the U.S.-Israel Iron Dome Procurement
11 Agreement, as amended: Provided further, That nothing
12 under this heading in this Act shall be construed to apply
13 to amounts made available in prior appropriations Acts
14 for the procurement of the Iron Dome and David’s Sling
15 defense systems or for the procurement of the Iron Beam
16 defense system: Provided further, That of the total amount17 provided under this heading in this Act, $46,780,000 shall
18 be to respond to the situation in Ukraine and for related
19 expenses: Provided further, That such amount is des20 ignated by the Congress as being for an emergency re21 quirement pursuant to section 251(b)(2)(A)(i) of the Bal22 anced Budget and Emergency Deficit Control Act of 1985.
23
24

DEFENSE PRODUCTION ACT PURCHASESFor an additional amount for ‘‘Defense Production

25 Act Purchases’’, $331,200,000, to remain available until

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

15
1 expended, for activities by the Department of Defense pur2 suant to sections 108, 301, 302, and 303 of the Defense
3 Production Act of 1950 (50 U.S.C. 4518, 4531, 4532, and
4 4533): Provided, That such amounts shall be obligated
5 and expended by the Secretary of Defense as if delegated
6 the necessary authorities conferred by the Defense Pro7 duction Act of 1950: Provided further, That such amount
8 is designated by the Congress as being for an emergency
9 requirement pursuant to section 251(b)(2)(A)(i) of the
10 Balanced Budget and Emergency Deficit Control Act of
11 1985.
12

RESEARCH, DEVELOPMENT, TEST AND

13

EVALUATION14RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

15

ARMY

16

For an additional amount for ‘‘Research, Develop-

17 ment, Test and Evaluation, Army’’, $18,594,000, to re18 main available until September 30, 2025, to respond to
19 the situation in Ukraine and for related expenses: Pro20 vided, That such amount is designated by the Congress
21 as being for an emergency requirement pursuant to sec22 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer23 gency Deficit Control Act of 1985.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

16
1

RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

2

NAVY

3

For an additional amount for ‘‘Research, Develop-

4 ment, Test and Evaluation, Navy’’, $20,825,000, to re5 main available until September 30, 2025, to respond to
6 the situation in Ukraine, to support improvements to the
7 submarine industrial base, and for related expenses: Pro8 vided, That of the total amount provided under this head9 ing in this Act, $13,825,000 shall be to respond to the
10 situation in Ukraine and for related expenses: Provided
11 further, That of the total amount provided under this12 heading in this Act, $7,000,000 shall be to support im13 provements to the submarine industrial base and for re14 lated expenses: Provided further, That such amount is des15 ignated by the Congress as being for an emergency re16 quirement pursuant to section 251(b)(2)(A)(i) of the Bal17 anced Budget and Emergency Deficit Control Act of 1985.
18

RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

19

AIR FORCE20

For an additional amount for ‘‘Research, Develop-

21 ment, Test and Evaluation, Air Force’’, $406,834,000, to
22 remain available until September 30, 2025, to respond to
23 the situation in Ukraine and for related expenses: Pro24 vided, That such amount is designated by the Congress
25 as being for an emergency requirement pursuant to sec-

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

17
1 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer2 gency Deficit Control Act of 1985.
3

RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

4

DEFENSE-WIDE

5

For an additional amount for ‘‘Research, Develop-

6 ment,Test

and

Evaluation,

Defense-Wide’’,7 $194,125,000, to remain available until September 30,
8 2025, to respond to the situation in Ukraine and for re9 lated expenses: Provided, That such amount is designated
10 by the Congress as being for an emergency requirement
11 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg12 et and Emergency Deficit Control Act of 1985.
13 OTHER DEPARTMENT OF DEFENSE PROGRAMS
14
15

OFFICE OF THE INSPECTOR GENERAL
For an additional amount for ‘‘Office of the Inspector

16 General’’, $8,000,000, to remain available until December
17 31, 2024, which shall be for operation and maintenance
18 of the Office of the Inspector General, including the Spe19 cial Inspector General for Operation Atlantic Resolve, to
20 carry out reviews of the activities of the Department of
21 Defense to execute funds appropriated in this Act, includ22 ing assistance provided to Ukraine: Provided, That the In23 spector General of the Department of Defense shall pro24 vide to the congressional defense committees a briefing not
25 later than 90 days after the date of enactment of this Act:

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

18
1 Provided further, That such amount is designated by the
2 Congress as being for an emergency requirement pursuant
3 to section 251(b)(2)(A)(i) of the Balanced Budget and
4 Emergency Deficit Control Act of 1985.
5

RELATED AGENCIES6INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

7

For an additional amount for ‘‘Intelligence Commu-

8 nity Management Account’’, $2,000,000, to remain avail9 able until September 30, 2024, to respond to the situation
10 in Ukraine and for related expenses: Provided, That such
11 amount is designated by the Congress as being for an
12 emergency

requirement

pursuanttosection

13 251(b)(2)(A)(i) of the Balanced Budget and Emergency
14 Deficit Control Act of 1985.
15

GENERAL PROVISIONS—THIS TITLE

16(INCLUDING TRANSFERS OF FUNDS)

17

SEC. 101. (a) Upon the determination of the Sec-

18 retary of Defense that such action is necessary in the na19 tional interest, the Secretary may, with the approval of
20 the Director of the Office of Management and Budget,
21 transfer up to $1,000,000,000 only between the appro22 priations or funds made available in this title to the De23 partment of Defense to respond to the situation in
24 Ukraine and for related expenses: Provided, That the Sec25 retary shall notify the Congress promptly of each transfer

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

19
1 made pursuant to the authority in this subsection: Pro2 vided further, That such authority is in addition to any
3 transfer authority otherwise provided by law and is subject
4 to the same terms and conditions as the authority pro5 vided in section 8005 of the Department of Defense Ap6 propriations Act, 2023, or any similar provision in any
7 subsequent Act making appropriations for the Department
8 of Defense for Fiscal Year 2024, except for monetary limi9 tations concerning the amount of authority available.
10(b) Upon the determination by the Director of Na-

11 tional Intelligence that such action is necessary in the na12 tional interest, the Director may, with the approval of the
13 Director of the Office of Management and Budget, trans14 fer up to $250,000,000 only between the appropriations
15 or funds made available in this title for the National Intel16 ligence Program: Provided, That the Director of National
17 Intelligence shall notify the Congress promptly of all
18 transfers made pursuant to the authority in this sub19 section: Provided further, That such authority is in addi20 tion to any transfer authority otherwise provided by law
21 and is subject to the same terms and conditions as the
22 authority provided in section 8093 of the Department of
23 Defense Appropriations Act, 2023, or any similar provi24 sion in any subsequent Act making appropriations for the
25 Department of Defense for Fiscal Year 2024, except for

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

20
1 monetary limitations concerning the amount of authority
2 available.
3

SEC. 102. Not later than 60 days after the date of

4 enactment of this Act, the Secretary of Defense, in coordi5 nation with the Secretary of State, shall submit a report
6 to the Committees on Appropriations, Armed Services,
7 and Foreign Affairs of the House of Representatives and8 the Committees on Appropriations, Armed Services, and
9 Foreign Relations of the Senate on measures being taken
10 to account for United States defense articles designated
11 for Ukraine since the February 24, 2022, Russian inva12 sion of Ukraine, particularly measures with regard to such
13 articles that require enhanced end-use monitoring; meas14 ures to ensure that such articles reach their intended re15 cipients and are used for their intended purposes; and any
16 other measures to promote accountability for the use of
17 such articles: Provided, That such report shall include a18 description of any occurrences of articles not reaching
19 their intended recipients or used for their intended pur20 poses and a description of any remedies taken: Provided
21 further, That such report shall be submitted in unclassified
22 form, but may be accompanied by a classified annex.
23

SEC. 103. Not later than 30 days after the date of

24 enactment of this Act, and every 30 days thereafter
25 through fiscal year 2025, the Secretary of Defense, in co-

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

21
1 ordination with the Secretary of State, shall provide a2 written report to the Committees on Appropriations,
3 Armed Services, and Foreign Affairs of the House of Rep4 resentatives and the Committees on Appropriations,
5 Armed Services, and Foreign Relations of the Senate de6 scribing United States security assistance provided to
7 Ukraine since the February 24, 2022, Russian invasion
8 of Ukraine, including a comprehensive list of the defense
9 articles and services provided to Ukraine and the associ10 ated authority and funding used to provide such articles
11 and services: Provided, That such report shall be sub12 mitted in unclassified form, but may be accompanied by
13 a classified annex.
14

SEC. 104. For an additional amount for the Depart-15 ment of Defense, $2,440,000,000, to remain available
16 until September 30, 2024, for transfer to military per17 sonnel accounts, operation and maintenance accounts,
18 procurement accounts, research, development, test and19 evaluation accounts, and the Defense Working Capital
20 Funds, in addition to amounts otherwise made available
21 for such purpose, only for U.S. operations, force protec22 tion, deterrence, and the replacement of combat expendi23 tures in the United States Central Command region: Pro24 vided, That none of the funds provided under this section
25 may be obligated or expended until 30 days after the Sec-

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

22
1 retary of Defense provides to the congressional defense
2 committees an execution plan: Provided further, That not
3 less than 15 days prior to any transfer of funds, the Sec4 retary of Defense shall notify the congressional defense
5 committees of the details of any such transfer: Provided
6 further, That upon transfer, the funds shall be merged
7 with and available for the same purposes, and for the same
8 time period, as the appropriation to which transferred:
9 Provided further, That any transfer authority provided
10 herein is in addition to any other transfer authority pro11 vided by law: Provided further, That such amount is des12 ignated by the Congress as being for an emergency re13 quirement pursuant to section 251(b)(2)(A)(i) of the Bal14 anced Budget and Emergency Deficit Control Act of 1985.
15

SEC. 105. For an additional amount for the Depart-

16 ment of Defense, $542,400,000, to remain available until
17 September 30, 2024, for transfer to operation and mainte18 nance accounts, procurement accounts, and research, de19 velopment, test and evaluation accounts, in addition to
20 amounts otherwise made available for such purpose, only
21 for unfunded priorities of the United States Indo-Pacific22 Command for fiscal year 2024 (as submitted to Congress
23 pursuant to section 1105 of title 31, United States Code):
24 Provided, That none of the funds provided under this sec25 tion may be obligated or expended until 30 days after the

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

23
1 Secretary of Defense, through the Under Secretary of De2 fense (Comptroller), provides the Committees on Appro3 priations of the House of Representatives and the Senate
4 a detailed execution plan for such funds: Provided further,
5 That not less than 15 days prior to any transfer of funds,
6 the Secretary of Defense shall notify the congressional de7 fense committees of the details of any such transfer: Pro8 vided further, That upon transfer, the funds shall be
9 merged with and available for the same purposes, and for10 the same time period, as the appropriation to which trans11 ferred: Provided further, That any transfer authority pro12 vided herein is in addition to any other transfer authority
13 provided by law: Provided further, That such amount is
14 designated by the Congress as being for an emergency re15 quirement pursuant to section 251(b)(2)(A)(i) of the Bal16 anced Budget and Emergency Deficit Control Act of 1985.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

24
1

TITLE II

2

DEPARTMENT OF ENERGY

3ENERGY PROGRAMS4SCIENCE

5

For

an

additionalamountfor‘‘Science’’,6 $98,000,000, to remain available until expended, for ac7 quisition, distribution, and equipment for development and
8 production of medical, stable, and radioactive isotopes:
9 Provided, That such amount is designated by the Congress
10 as being for an emergency requirement pursuant to sec11 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer12 gency Deficit Control Act of 1985.
13

ATOMIC ENERGY DEFENSE ACTIVITIES14NATIONAL NUCLEAR SECURITY

15

ADMINISTRATION16

DEFENSE NUCLEAR NONPROLIFERATION17

For an additional amount for ‘‘Defense Nuclear Non-

18 proliferation’’, $143,915,000, to remain available until
19 September 30, 2025, to respond to the situation in
20 Ukraine and for related expenses: Provided, That such
21 amount is designated by the Congress as being for an
22 emergency

requirement

pursuanttosection

23 251(b)(2)(A)(i) of the Balanced Budget and Emergency
24 Deficit Control Act of 1985.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

25
1
2

FEDERAL SALARIES AND EXPENSES
For an additional amount for ‘‘Federal Salaries and3 Expenses’’, $5,540,000, to remain available until Sep4 tember 30, 2025, to respond to the situation in Ukraine
5 and for related expenses: Provided, That such amount is
6 designated by the Congress as being for an emergency re7 quirement pursuant to section 251(b)(2)(A)(i) of the Bal8 anced Budget and Emergency Deficit Control Act of 1985.
9

GENERAL PROVISION—THIS TITLE

10(INCLUDING TRANSFER OF FUNDS)

11

SEC. 201. (a) Of the unobligated balances from

12 amounts previously appropriated under the heading ‘‘De13 partment of Energy—Energy Programs—Nuclear En14 ergy’’ in division J of the Infrastructure Investment and
15 Jobs Act (Public Law 117–58) that were made available
16 forfiscal

years

2022,

2023,

and

2024,

up

to

17 $2,720,000,000 shall be available, in addition to amounts
18 otherwise available, for necessary expenses to carry out
19 the Nuclear Fuel Security Act of 2023 (section 3131 of
20 the National Defense Authorization Act for Fiscal Year
21 2024 (Public Law 118–31)): Provided, That if insufficient
22 unobligated balances are available from such fiscal year
23 2022, 2023, and 2024 amounts to fund a total amount24 for such purpose of up to $2,720,000,000, then up to
25 $800,000,000 from amounts previously appropriatedFebruary 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

26
1 under the heading ‘‘Department of Energy—Energy Pro2 grams—Nuclear Energy’’ in division J of the Infrastruc3 ture Investment and Jobs Act (Public Law 117–58) that
4 are made available for fiscal year 2025, may be made5 available, in additional to amounts otherwise available, for6 such purpose to meet such total amount: Provided further,
7 That amounts repurposed pursuant to this section may
8 be transferred to ‘‘Department of Energy—Energy Pro9 grams—American Energy Independence Fund’’ in either
10 fiscal year 2024 or fiscal year 2025: Provided further,
11 That amounts repurposed or transferred by this section
12 shall be subject to the same authorities and conditions as
13 if such section were included in the Department of Energy
14 title of the Energy and Water Development and Related
15 Agencies Appropriations Act for fiscal year 2024: Provided
16 further, That the Secretary of Energy may use the17 amounts repurposed, transferred, or otherwise made avail18 able pursuant to this section to enter into and perform
19 such contracts, leases, cooperative agreements, or other20 similar transactions with public agencies and private orga21 nizations and persons, as authorized by section 646(a) of
22 the Department of Energy Organization Act (42 U.S.C.
23 7256(a)), for such periods of time and subject to such
24 terms and conditions as the Secretary deems appropriate,
25 without regard to section 161(u) of Atomic Energy Act

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

27
1 of 1954 (42 U.S.C. 2201(u)): Provided further, That not2 withstanding 31 U.S.C. 3302, receipts from the sale or
3 transfer of LEU and HALEU or from any other trans4 action in connection with the amounts repurposed, trans5 ferred, or otherwise made available pursuant to this sec6 tion shall hereafter be credited to the ‘‘American Energy
7 Independence Fund’’ as discretionary offsetting collections
8 and shall be available, for the same purposes as funds
9 repurposed or transferred pursuant to this section, to the
10 extent and in the amounts provided in advance in appro11 priations Acts: Provided further, That receipts may here12 after be collected from transactions entered into pursuant
13 to section 2001(a)(2)(F)(iii) of the Energy Act of 2020
14 (42 U.S.C. 16281(a)(2)(F)(iii)) and, notwithstanding 31
15 U.S.C. 3302, receipts from any transaction entered into
16 pursuant to section 2001(a)(2)(F)(ii) and (iii) of such Act
17 (42 U.S.C. 16281(a)(2)(F)(ii) and (iii)) shall hereafter be
18 credited to the ‘‘American Energy Independence Fund’’19 as discretionary offsetting collections and shall be avail20 able, for the same purposes as funds repurposed or trans21 ferred pursuant to this section, to the extent and in the
22 amounts provided in advanced in appropriations Acts:
23 Provided further, That the Secretary of Energy may use
24 funds repurposed, transferred, or otherwise made available
25 pursuant to this section for a commitment only if the fullFebruary 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

28
1 extent of the anticipated costs stemming from that com2 mitment is recorded as an obligation at the time that the
3 commitment is made and only to the extent that up-front
4 obligation is recorded in full at that time: Provided further,
5 That amounts repurposed or transferred pursuant to this
6 section that were previously designated by the Congress
7 as an emergency requirement pursuant to a concurrent
8 resolution on the Budget are designated as an emergency
9 requirement pursuant to section 4001(a)(1) of S. Con.
10 Res. 14 (117th Congress), the concurrent resolution on
11 the budget for fiscal year 2022, and to legislation estab12 lishing fiscal year 2024 budget enforcement in the House
13 of Representatives.
14(b) Amounts may not be repurposed or transferred

15 pursuant to this section until a law is enacted or adminis16 trative action is taken to prohibit or limit importation of
17 LEU and HALEU from the Russian Federation or by a
18 Russian entity into the United States.
19(c) The Nuclear Fuel Security Act of 2023 (section

20 3131 of the National Defense Authorization Act for Fiscal
21 Year 2024 (Public Law 118–31)) is amended—2223(1) in subsections (f)(1)(B)(i) and (h)(4)(B)(i)to read as follows:24‘‘(i) may not make commitments

25

under this subsection (including coopera-

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

29
1

tive agreements (used in accordance with2

section 6305 of title 31, United States

3Code), purchase agreements, guarantees,4

leases, service contracts, or any other type5

of commitment) for the purchase or other6

acquisition of HALEU or LEU unless

7

funds are specifically provided for those

8

purposes in advance in appropriations Acts

9

enacted after the date of enactment of this10Act; and’’; and1112(2) in subjection (j) to read as follows:‘‘(j) REASONABLE COMPENSATION.—In carrying out

13 activities under this section, the Secretary shall ensure
14 that any LEU and HALEU made available by the Sec15 retary under 1 or more of the Programs is subject to rea16 sonable compensation, taking into account the fair market
17 value of the LEU or HALEU and the purposes of this18 section.’’.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

30
1

TITLE III

2

DEPARTMENT OF HOMELAND SECURITY

3 PROTECTION, PREPAREDNESS, RESPONSE, AND
4

RECOVERY

5

FEDERAL EMERGENCY MANAGEMENT AGENCY

6

OPERATIONS AND SUPPORT7

For an additional amount for ‘‘Federal Emergency

8 Management

Agency—Operations

andSupport’’,

9 $10,000,000, to remain available until September 30,
10 2027, for necessary expenses related to the administration
11 of nonprofit security grants: Provided, That such amount
12 is designated by the Congress as being for an emergency
13 requirement pursuant to section 251(b)(2)(A)(i) of the
14 Balanced Budget and Emergency Deficit Control Act of
15 1985.
16
17

FEDERAL ASSISTANCE

For an additional amount for ‘‘Federal Emergency

18 Management

Agency—Federal

Assistance’’,19 $390,000,000, of which $160,000,000 shall remain avail20 able until September 30, 2024, and $230,000,000 shall
21 remain available until September 30, 2026, for Nonprofit
22 Security Grant Program under section 2009 of the Home23 land Security Act of 2002 (6 U.S.C. 609a) for eligible
24 nonprofit organizations to prevent, prepare for, protect
25 against, and respond to acts of terrorism or other threats:

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

31
1 Provided, That the Administrator of the Federal Emer2 gency Management Agency shall make programmatic ad3 justments as necessary to expedite the disbursement of,
4 and provide flexibility in the use of, amounts made avail5 able under this heading in this Act: Provided further, That
6 notwithstanding any provision of 6 U.S.C. 609a, and in
7 addition to amounts available under 6 U.S.C. 609a(c)(2),
8 the Administrator of the Federal Emergency Management
9 Agency may permit a State to use up to two percent of
10 a grant awarded under this heading in this Act to provide
11 outreach and technical assistance to eligible nonprofit or12 ganizations to assist them with applying for Nonprofit Se13 curity Grant Program awards under this heading in this
14 Act: Provided further, That such outreach and technical
15 assistance should prioritize rural and underserved commu16 nities and nonprofit organizations that are traditionally17 underrepresented in the Program: Provided further, That
18 such amount is designated by the Congress as being for
19 anemergency

requirement

pursuanttosection

20 251(b)(2)(A)(i) of the Balanced Budget and Emergency
21 Deficit Control Act of 1985.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

32
1

TITLE IV

2

DEPARTMENT OF HEALTH AND HUMAN

3

SERVICES

4ADMINISTRATION FOR CHILDREN AND FAMILIES5

REFUGEE AND ENTRANT ASSISTANCE

6

For an additional amount for ‘‘Refugee and Entrant

7 Assistance’’, $2,334,000,000, to remain available until
8 September 30, 2025, for refugee and entrant assistance
9 activities authorized by section 414 of the Immigration
10 and Nationality Act and section 501 of the Refugee Edu11 cation Assistance Act of 1980: Provided, That amounts
12 made available under this heading in this Act may be used
13 for grants or contracts with qualified organizations, in14 cluding nonprofit entities, to provide culturally and lin15 guistically appropriate services, including wraparound
16 services, housing assistance, medical assistance, legal as17 sistance, and case management assistance: Provided fur18 ther, That amounts made available under this heading in
19 this Act may be used by the Director of the Office of Ref20 ugee Resettlement (Director) to issue awards or supple21 ment awards previously made by the Director: Provided
22 further, That the Director, in carrying out section
23 412(c)(1)(A) of the Immigration and Nationality Act (824 U.S.C. 1552(c)(1)(A)) with amounts made available under
25 this heading in this Act, may allocate such amounts

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

33
1 among the States in a manner that accounts for the most
2 current data available: Provided further, That such
3 amount is designated by the Congress as being for an
4 emergency

requirement

pursuanttosection

5 251(b)(2)(A)(i) of the Balanced Budget and Emergency
6 Deficit Control Act of 1985.
7
8

GENERAL PROVISION—THIS TITLE
SEC. 401. Section 401(a)(1)(A) of the Additional

9 Ukraine Supplemental Appropriations Act, 2022 (Public
10 Law 117–128) is amended by striking ‘‘September 30,
11 2023’’ and inserting ‘‘September 30, 2024’’: Provided,
12 That such amount is designated by the Congress as being
13 for an emergency requirement pursuant to section
14 251(b)(2)(A)(i) of the Balanced Budget and Emergency
15 Deficit Control Act of 1985.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

34
1

TITLE V

2

DEPARTMENT OF DEFENSE

3MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

4

For an additional amount for ‘‘Military Construction,

5 Navy and Marine Corps’’, $281,914,000, to remain avail6 able until September 30, 2028, to support improvements
7 to the submarine industrial base and for related expenses:
8 Provided, That not later than 60 days after the date of
9 enactment of this Act, the Secretary of the Navy, or their
10 designee, shall submit to the Committees on Appropria11 tions of the House of Representatives and the Senate an
12 expenditure plan for funds provided under this heading
13 in this Act: Provided further, That such funds may be obli14 gated or expended for planning and design and military
15 construction projects not otherwise authorized by law:
16 Provided further, That such amount is designated by the
17 Congress as an emergency requirement pursuant to sec18 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer19 gency Deficit Control Act of 1985.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

35
1

TITLE VI

2

DEPARTMENT OF STATE AND RELATED

3

AGENCY

4

DEPARTMENT OF STATE5

ADMINISTRATION OF FOREIGN AFFAIRS6DIPLOMATIC PROGRAMS

7

For an additional amount for ‘‘Diplomatic Pro-

8 grams’’, $210,000,000, to remain available until Sep9 tember 30, 2025, to respond to the situations in Israel
10 and Ukraine and areas and countries impacted by the situ11 ations in Israel and Ukraine: Provided, That of the total
12 amount provided under this heading in this Act,
13 $100,000,000, to remain available until expended, shall be
14 for Worldwide Security Protection, including to respond
15 to the situation in Israel and areas impacted by the situa16 tion in Israel: Provided further, That such amount is des17 ignated by the Congress as being for an emergency re18 quirement pursuant to section 251(b)(2)(A)(i) of the Bal19 anced Budget and Emergency Deficit Control Act of 1985.
20
21

OFFICE OF INSPECTOR GENERAL

For an additional amount for ‘‘Office of Inspector

22 General’’, $12,000,000, to remain available until Sep23 tember 30, 2025: Provided, That such amount is des24 ignated by the Congress as being for an emergency re-

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

36
1 quirement pursuant to section 251(b)(2)(A)(i) of the Bal2 anced Budget and Emergency Deficit Control Act of 1985.
3

EMERGENCIES IN THE DIPLOMATIC AND CONSULAR

4

SERVICE5

For an additional amount for ‘‘Emergencies in the

6 Diplomatic and Consular Service’’, $50,000,000, to re7 main available until expended, to meet unforeseen emer8 gencies arising in the Diplomatic and Consular Service,
9 as authorized: Provided, That such amount is designated
10 by the Congress as being for an emergency requirement
11 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg12 et and Emergency Deficit Control Act of 1985.
13 UNITED STATES AGENCY FOR INTERNATIONAL
14

DEVELOPMENT15FUNDS APPROPRIATED TO THE PRESIDENT

16

OPERATING EXPENSES

17

For an additional amount for ‘‘Operating Expenses’’,18 $39,000,000, to remain available until September 30,
19 2025, to respond to the situations in Israel and Ukraine
20 and countries impacted by the situations in Israel and
21 Ukraine: Provided, That such amount is designated by the
22 Congress as being for an emergency requirement pursuant
23 to section 251(b)(2)(A)(i) of the Balanced Budget and
24 Emergency Deficit Control Act of 1985.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

37
1
2

OFFICE OF INSPECTOR GENERAL

For an additional amount for ‘‘Office of Inspector

3 General’’, $13,000,000, to remain available until Sep4 tember 30, 2025: Provided, That such amount is des5 ignated by the Congress as being for an emergency re6 quirement pursuant to section 251(b)(2)(A)(i) of the Bal7 anced Budget and Emergency Deficit Control Act of 1985.
8

BILATERAL ECONOMIC ASSISTANCE

9FUNDS APPROPRIATED TO THE PRESIDENT

10INTERNATIONAL DISASTER ASSISTANCE

11

For an additional amount for ‘‘International Disaster

12 Assistance’’, $5,655,000,000, to remain available until ex13 pended, to address humanitarian needs in response to the
14 situations in Israel and Ukraine, including the provision
15 of emergency food and shelter, and for assistance for other16 vulnerable populations and communities: Provided, That
17 such amount is designated by the Congress as being for
18 anemergency

requirement

pursuanttosection

19 251(b)(2)(A)(i) of the Balanced Budget and Emergency
20 Deficit Control Act of 1985.
21
22

TRANSITION INITIATIVES

For an additional amount for ‘‘Transition Initia-

23 tives’’, $25,000,000, to remain available until expended,
24 for assistance for Ukraine and countries impacted by the
25 situation in Ukraine: Provided, That such amount is des-February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

38
1 ignated by the Congress as being for an emergency re2 quirement pursuant to section 251(b)(2)(A)(i) of the Bal3 anced Budget and Emergency Deficit Control Act of 1985.
4

ECONOMIC SUPPORT FUND

5

For an additional amount for ‘‘Economic Support

6 Fund’’, $7,899,000,000, to remain available until Sep7 tember 30, 2025: Provided, That of the total amount pro8 vided under this heading in this Act, $7,849,000,000 shall
9 be for assistance for Ukraine, which may include budget
10 support and which may be made available notwithstanding
11 any other provision of law that restricts assistance to for12 eign countries: Provided further, That none of the funds
13 made available for budget support pursuant to the pre14 ceding proviso may be made available for the reimburse15 ment of pensions: Provided further, That of the total
16 amount provided under this heading in this Act,
17 $50,000,000 shall be to prevent and respond to food inse18 curity: Provided further, That such amount is designated
19 by the Congress as being for an emergency requirement
20 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg21 et and Emergency Deficit Control Act of 1985.
22

ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA

23

For an additional amount for ‘‘Assistance for Eu-

24 rope, Eurasia and Central Asia’’, $1,575,000,000, to re25 main available until September 30, 2025, for assistanceFebruary 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

39
1 and related programs for Ukraine and other countries
2 identified in section 3 of the FREEDOM Support Act (223 U.S.C. 5801) and section 3(c) of the Support for East
4 European Democracy (SEED) Act of 1989 (22 U.S.C.
5 5402(c)): Provided, That such amount is designated by
6 the Congress as being for an emergency requirement pur7 suant to section 251(b)(2)(A)(i) of the Balanced Budget
8 and Emergency Deficit Control Act of 1985.
9

DEPARTMENT OF STATE10MIGRATION AND REFUGEE ASSISTANCE

11

For an additional amount for ‘‘Migration and Ref-

12 ugee Assistance’’, $3,495,000,000, to remain available
13 until expended, to address humanitarian needs and assist
14 refugees in response to the situations in Israel and
15 Ukraine, and for assistance for other vulnerable popu16 lations and communities: Provided, That such amount is
17 designated by the Congress as being for an emergency re18 quirement pursuant to section 251(b)(2)(A)(i) of the Bal19 anced Budget and Emergency Deficit Control Act of 1985.
20

INTERNATIONAL SECURITY ASSISTANCE

21

DEPARTMENT OF STATE

22

INTERNATIONAL NARCOTICS CONTROL AND LAW

23

ENFORCEMENT24

For an additional amount for ‘‘International Nar-

25 cotics Control and Law Enforcement’’, $375,000,000, to

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

40
1 remain available until September 30, 2025: Provided,
2 That of the total amount provided under this heading in
3 this Act, $300,000,000 shall be for assistance for Ukraine
4 and countries impacted by the situation in Ukraine: Pro5 vided further, That funds made available in the preceding
6 proviso may be made available to support the State Border
7 Guard Service of Ukraine and National Police of Ukraine,
8 including units supporting or under the command of the
9 Armed Forces of Ukraine: Provided further, That of the
10 total amount provided under this heading in this Act,
11 $75,000,000 shall be for assistance for the Middle East,
12 following consultation with the appropriate congressional
13 committees, including to enhance law enforcement capa14 bilities, counter terrorism, combat narcotics trafficking,
15 and meet other critical partner requirements: Provided
16 further, That such amount is designated by the Congress
17 as being for an emergency requirement pursuant to sec18 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer19 gency Deficit Control Act of 1985.
20

NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

21

RELATED PROGRAMS

22

For an additional amount for ‘‘Nonproliferation,

23 Anti-terrorism,

Demining

andRelated

Programs’’,24 $100,000,000, to remain available until September 30,
25 2025, for assistance for Ukraine and countries impacted

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

41
1 by the situation in Ukraine: Provided, That not later than
2 60 days after the date of enactment of this Act, the Sec3 retary of State shall consult with the Committees on Ap4 propriations on the prioritization of demining efforts and5 how such efforts will be coordinated with development ac6 tivities: Provided further, That such amount is designated
7 by the Congress as being for an emergency requirement
8 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg9 et and Emergency Deficit Control Act of 1985.
10
11

PEACEKEEPING OPERATIONS

For an additional amount for ‘‘Peacekeeping Oper-

12 ations’’, $10,000,000, to remain available until September
13 30, 2025, for a United States contribution to the Multi14 national Force and Observers mission in the Sinai to en15 hance force protection capabilities: Provided, That such
16 amount is designated by the Congress as being for an
17 emergency

requirement

pursuanttosection18 251(b)(2)(A)(i) of the Balanced Budget and Emergency
19 Deficit Control Act of 1985.
20

FUNDS APPROPRIATED TO THE PRESIDENT

21

FOREIGN MILITARY FINANCING PROGRAM

22

For an additional amount for ‘‘Foreign Military Fi-

23 nancing Program’’, $7,100,000,000, to remain available
24 until September 30, 2025: Provided, That of the total
25 amount provided under this heading in this Act,

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

42
1 $3,500,000,000 shall be for assistance for Israel and for2 related expenses: Provided further, That to the extent that
3 the Government of Israel requests that funds be used for4 such purposes, grants made available for Israel under this5 heading in this Act shall, as agreed by the United States
6 and Israel, be available for advanced weapons systems, of
7 which up to $769,300,000 may be available for the pro8 curement in Israel of defense articles and defense services:
9 Provided further, That the limitation in the preceding pro10 viso may be exceeded, if agreed by the United States and
11 Israel, following consultation with the Committees on Ap12 propriations: Provided further, That any congressional no13 tification requirement applicable to funds made available
14 under this heading in this Act for Israel may be waived
15 if the Secretary of State determines that to do so is in
16 the national security interest of the United States: Pro17 vided further, That of the total amount provided under
18 this heading in this Act, $2,000,000,000 shall be for as19 sistance for the Indo-Pacific region and for related ex20 penses: Provided further, That of the total amount pro21 vided under this heading in this Act, $1,600,000,000 shall
22 be for assistance for Ukraine and countries impacted by
23 the situation in Ukraine and for related expenses: Pro24 vided further, That amounts made available under this25 heading in this Act and unobligated balances of amounts

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

43
1 made available under this heading in Acts making appro2 priations for the Department of State, foreign operations,
3 and related programs for fiscal year 2024 and prior fiscal
4 years shall be available for the cost of loans and loan guar5 antees as authorized by section 2606 of the Ukraine Sup6 plemental Appropriations Act, 2022 (division N of Public
7 Law 117–103), subject to the terms and conditions pro8 vided in such section, or as otherwise authorized by law:
9 Provided further, That loan guarantees made using
10 amounts described in the preceding proviso for loans fi11 nanced by the Federal Financing Bank may be provided
12 notwithstanding any provision of law limiting the percent13 age of loan principal that may be guaranteed: Provided
14 further, That up to $5,000,000 of funds made available
15 under this heading in this Act, in addition to funds other16 wise available for such purposes, may be used by the De17 partment of State for necessary expenses for the general
18 costs of administering military assistance and sales, in19 cluding management and oversight of such programs and
20 activities: Provided further, That such amount is des21 ignated by the Congress as being for an emergency re22 quirement pursuant to section 251(b)(2)(A)(i) of the Bal23 anced Budget and Emergency Deficit Control Act of 1985.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

44
1

INTERNATIONAL ASSISTANCE PROGRAMS

2

MULTILATERAL ASSISTANCE

3

CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT

4ASSOCIATION5

For an additional amount for ‘‘Contribution to the

6 International Development Association’’, $250,000,000, to
7 remain available until expended, which shall be made8 available for a contribution to the International Develop9 ment Association Special Program to Enhance Crisis Re10 sponse Window: Provided, That such amount is designated
11 by the Congress as being for an emergency requirement
12 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg13 et and Emergency Deficit Control Act of 1985.
14

GENERAL PROVISIONS—THIS TITLE

15(INCLUDING TRANSFERS OF FUNDS)

16

SEC.

601.

Duringfiscal

year

2024,

up

to

17 $250,000,000 of funds deposited in the Consular and Bor18 der Security Programs account in any fiscal year that are
19 available for obligation may be transferred to, and merged
20 with, funds appropriated by any Act making appropria21 tions for the Department of State, foreign operations, and22 related programs under the headings ‘‘Diplomatic Pro23 grams’’ (including for Worldwide Security Protection) and24 ‘‘Emergencies in the Diplomatic and Consular Service’’ for
25 emergency evacuations or to prevent or respond to security

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

45
1 situations and related requirements: Provided, That such
2 transfer authority is in addition to any other transfer au3 thority provided by law, and any such transfers are subject
4 to prior consultation with, and the regular notification
5 procedures of, the Committees on Appropriations.
6

SEC. 602. During fiscal year 2024, section 506(a)(1)

7 of the Foreign Assistance Act of 1961 (22 U.S.C.
8 2318(a)(1))

shall

be

appliedbysubstituting

9 ‘‘$7,800,000,000’’ for ‘‘$100,000,000’’.
10

SEC.

603.

Duringfiscal

year

2024,

section

11 506(a)(2)(B) of the Foreign Assistance Act of 1961 (2212 U.S.C. 2318(a)(2)(B)) shall be applied by substituting
13 ‘‘$400,000,000’’ for ‘‘$200,000,000’’ in the matter pre14 ceding clause (i), and by substituting ‘‘$150,000,000’’ for15 ‘‘$75,000,000’’ in clause (i).
16

SEC. 604. During fiscal year 2024, section 552(c)(2)17 of the Foreign Assistance Act of 1961 (22 U.S.C.
18 2348a(c)(2))

shall

be

appliedbysubstituting

19 ‘‘$50,000,000’’ for ‘‘$25,000,000’’.
20

SEC. 605. Section 12001 of the Department of De-

21 fense Appropriations Act, 2005 (Public Law 108–287) is
22 amended as follows:23(1) In paragraph (2) of subsection (a), by strik-24

ing ‘‘armor’’ and all that follows through the end of25

the paragraph and inserting ‘‘defense articles that

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

46
1

are in the inventory of the Department of Defense2

as of the date of transfer, are intended for use as

3

reserve stocks for Israel, and are located in a stock-4

pile for Israel as of the date of transfer’’.

5(2) In subsection (b), by striking ‘‘at least6

equal to the fair market value of the items trans-

7

ferred’’ and inserting ‘‘in an amount to be deter-

8

mined by the Secretary of Defense’’.

9(3) In subsection (c), by inserting before the10comma in the first sentence the following: ‘‘, or as

11

far in advance of such transfer as is practicable as

12determined by the President on a case-by-case basis

13

during extraordinary circumstances impacting the14national security of the United States’’.

15

SEC. 606. For fiscal year 2024, section 514(b) of the

16 Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b))
17 shall not apply to defense articles to be set aside, ear18 marked, reserved, or intended for use as reserve stocks
19 in stockpiles in the State of Israel.
20

SEC. 607. Unobligated balances from amounts appro-

21 priated in prior Acts under the heading ‘‘Multilateral As22 sistance—International Financial Institutions—Contribu23 tions to the International Monetary Fund Facilities and
24 Trust Funds’’ shall be available to cover the cost, as de25 fined in section 502 of the Congressional Budget Act of

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

47
1 1974 (2 U.S.C. 661a), of loans made by the Secretary of
2 the Treasury only to the Poverty Reduction and Growth
3 Trust of the International Monetary Fund, following con4 sultation with the appropriate congressional committees:
5 Provided, That such funds shall be available to subsidize
6 gross obligations for the principal amount of direct loans
7 not to exceed $21,000,000,000 in the aggregate, and the
8 Secretary of the Treasury is authorized to make such
9 loans.
10

SEC. 608. Section 17(a)(6) of the Bretton Woods

11 Agreements Act (22 U.S.C. 286e–2(a)(6)) is amended by
12 striking ‘‘December 31, 2025’’ and inserting ‘‘December
13 31, 2030’’.
14

SEC. 609. (a) Funds appropriated by this Act under

15 the headings ‘‘International Disaster Assistance’’ and16 ‘‘Migration and Refugee Assistance’’ may be transferred
17 to, and merged with, funds appropriated by this Act under18 such headings.
19(b) Funds appropriated by this Act under the head-

20 ings ‘‘Economic Support Fund’’ and ‘‘Assistance for Eu21 rope, Eurasia and Central Asia’’ to respond to the situa22 tion in Ukraine and in countries impacted by the situation
23 in Ukraine may be transferred to, and merged with, funds
24 made available under the headings ‘‘United States Inter25 national Development Finance Corporation—Corporate

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

48
1 Capital Account’’, ‘‘United States International Develop2 ment Finance Corporation—Program Account’’, ‘‘Export3 Import Bank of the United States—Program Account’’,
4 and ‘‘Trade and Development Agency’’ for such purpose.
5(c) Funds appropriated by this Act under the heading

6 ‘‘International Narcotics Control and Law Enforcement’’
7 for assistance for countries in the Middle East may be
8 transferred to, and merged with, funds appropriated by
9 this Act under the headings ‘‘Nonproliferation, Anti-ter10 rorism, Demining and Related Programs’’, ‘‘Peacekeeping
11 Operations’’, and ‘‘Foreign Military Financing Program’’12 for such purpose.
13(d) The transfer authorities provided by this section

14 are in addition to any other transfer authority provided
15 by law, and are subject to prior consultation with, and16 the regular notification procedures of, the Committees on
17 Appropriations.
18(e) Upon a determination that all or part of the funds

19 transferred pursuant to the authorities provided by this
20 section are not necessary for such purposes, such amounts
21 may be transferred back to such appropriations.
22

SEC. 610. Section 1705 of the Additional Ukraine

23 Supplemental Appropriations Act, 2023 (division M of
24 Public Law 117–328) shall apply to funds appropriatedFebruary 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

49
1 by this Act under the heading ‘‘Economic Support Fund’’
2 for assistance for Ukraine.
3

SEC. 611. None of the funds appropriated or other-

4 wise made available by this title in this Act may be made5 available for assistance for the Governments of the Rus6 sian Federation or Belarus, including entities owned or
7 controlled by such Governments.
8SEC. 612. (a) Section 2606 of the Ukraine Supple-

9 mental Appropriations Act, 2022 (division N of Public
10 Law 117–103) is amended as follows:11(1) in subsection (a), by striking ‘‘and North

12

Atlantic Treaty Organization (NATO) allies’’ and in-

13

serting ‘‘, North Atlantic Treaty Organization

14(NATO) allies, major non-NATO allies, and the15

Indo-Pacific region’’; by striking ‘‘$4,000,000,000’’

16

and inserting ‘‘$8,000,000,000’’; and by striking ‘‘,

17

except that such rate may not be less than the pre-18

vailing interest rate on marketable Treasury securi-

19ties of similar maturity’’; and20(2) in subsection (b), by striking ‘‘and NATO

21

allies’’ and inserting ‘‘, NATO allies, major non-

22

NATO allies, and the Indo-Pacific region; by strik-

23

ing

24

‘‘$8,000,000,000’’; and by inserting at the end of

February 4, 2024 (6:13 p.m.)‘‘$4,000,000,000’’

andinsertingU:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

50
1

the second proviso ‘‘except for guarantees of loans

2by the Federal Financing Bank’’.

3(b) Funds made available for the costs of direct loans

4 and loan guarantees for major non-NATO allies and the
5 Indo-Pacific region pursuant to section 2606 of division
6 N of Public Law 117–103, as amended by subsection (a),7 may only be made available from funds appropriated by
8 this Act under the heading ‘‘Foreign Military Financing
9 Program’’ and available balances from under such heading
10 in prior Acts making appropriations for the Department
11 of State, foreign operations, and related programs: Pro12 vided, That such funds may only be made available if the
13 Secretary of State certifies and reports to the appropriate
14 congressional committees, not less than 15 days prior to
15 the obligation of such funds, that such direct loan or loan
16 guarantee is in the national security interest of the United
17 States, is being provided in response to exigent cir18 cumstances, is addressing a mutually agreed upon emer19 gency requirement of the recipient country, and the recipi20 ent country has a plan to repay such loan: Provided fur21 ther, That not less than 60 days after the date of enact22 ment of this Act, the Secretary of State shall consult with
23 such committees on the implementation of this subsection.
24(c) Amounts repurposed pursuant to this section that

25 were previously designated by the Congress as an emer-

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

51
1 gency requirement pursuant to a concurrent resolution on
2 the Budget are designated as an emergency requirement
3 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg4 et and Emergency Deficit Control Act of 1985.
5

SEC. 613. Funds appropriated under the headings

6 ‘‘Economic Support Fund’’ and ‘‘Assistance for Europe,
7 Eurasia and Central Asia’’ in this title in this Act may
8 be made available as contributions, following consultation
9 with the Committees on Appropriations.
10

SEC. 614. None of the funds appropriated or other-

11 wise made available by this division and division B of this12 Act, and prior Acts making appropriations for the Depart13 ment of State, foreign operations, and related programs,
14 may be made available for a contribution, grant, or other15 payment to the United Nations Relief and Works Agency,
16 notwithstanding any other provision of law.
17

SEC. 615. (a) CERTIFICATION.—The Secretary of

18 State shall certify and report to the appropriate congres19 sional committees not later than March 1, 2024, that—20(1) oversight policies, processes, and procedures

21

have been established by the Department of State22

and the United States Agency for International De-

23

velopment, as appropriate, and are in use to prevent24

the diversion, misuse, or destruction of assistance,

25

including through international organizations, toFebruary 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

52
1

Hamas and other terrorist and extremist entities in

2Gaza; and3(2) such policies, processes, and procedures4

have been developed in coordination with other bilat-

5eral and multilateral donors and the Government of

6

Israel, as appropriate.

7(b) OVERSIGHT POLICY AND PROCEDURES.—The

8 Secretary of State and the USAID Administrator shall
9 submit to the appropriate congressional committees, con10 current with the submission of the certification required
11 in subsection (a), a written description of the oversight
12 policies, processes, and procedures for funds appropriated
13 by this title that are made available for assistance for
14 Gaza, including specific actions to be taken should such
15 assistance be diverted, misused, or destroyed, and the role
16 of Israel in the oversight of such assistance.
17(c) REQUIREMENT TO INFORM.—The Secretary of

18 State and USAID Administrator shall promptly inform
19 the appropriate congressional committees of each instance
20 in which funds appropriated by this title that are made21 available for assistance for Gaza have been diverted, mis22 used, or destroyed, to include the type of assistance, a de23 scription of the incident and parties involved, and an ex24 planation of the response of the Department of State or
25 USAID, as appropriate.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

53
1(d) THIRD PARTY MONITORING.—Funds appro-

2 priated by this title shall be made available for third party
3 monitoring of assistance for Gaza, including end use moni4 toring, following consultation with the appropriate con5 gressional committees.
6(e) OFFICES OF INSPECTORS GENERAL.—

7(1) DEPARTMENT OF STATE.—Of the funds ap-

8

propriated by this title under the heading ‘‘Office of

9Inspector General’’ for the Department of State,10$7,000,000 shall be made available for the oversight11

and monitoring of assistance made available for

12

Gaza by this title and in prior Acts making appro-

13

priations for the Department of State, foreign oper-

14

ations, and related programs.

15(2) UNITEDSTATESAGENCYFORINTER-

16

NATIONAL

17

priated by this title under the heading ‘‘Office of In-

18

spector General’’ for USAID, $3,000,000 shall be

19

made available for the oversight and monitoring of

20

assistance made available for Gaza by this title and21

in prior Acts making appropriations for the Depart-

22

ment of State, foreign operations, and related pro-

23

grams.

24(f) REPORT.—Not later than 90 days after the initial

DEVELOPMENT.—Of

the funds appro-

25 obligation of funds appropriated by this title that are

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

54
1 made available for assistance for Gaza, and every 90 days
2 thereafter until all such funds are expended, the Secretary
3 of State and the USAID Administrator shall jointly sub4 mit to the appropriate congressional committees a report
5 detailing the amount and purpose of such assistance pro6 vided during each respective quarter, including a descrip7 tion of the specific entity implementing such assistance.
8(g) ASSESSMENT.—Not later than 90 days after the

9 date of enactment of this Act and every 90 days thereafter
10 until September 30, 2025, the Secretary of State, in con11 sultation with the Director of National Intelligence and12 other heads of elements of the intelligence community that
13 the Secretary considers relevant, shall submit to the ap14 propriate congressional committees a report assessing
15 whether funds appropriated by this title and made avail16 able for assistance for the West Bank and Gaza have been
17 diverted by Hamas or other terrorist and extremist enti18 ties in the West Bank and Gaza: Provided, That such re19 port shall include details on the amount and how such
20 funds were made available and used by such entities: Pro21 vided further, That such report may be submitted in classi22 fied form, if necessary.
23(h) CONSULTATION.—Not later than 30 days after

24 the date of enactment of this Act but prior to the initial
25 obligation of funds made available by this title for humani-

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

55
1 tarian assistance for Gaza, the Secretary of State and
2 USAID Administrator, as appropriate, shall consult with
3 the Committees on Appropriations on the amount and an4 ticipated uses of such funds.
5

SEC. 616. Prior to the initial obligation of funds

6 made available in this title in this Act, the Secretary of
7 State, USAID Administrator, and the Secretary of the
8 Treasury, as appropriate, shall submit to the Committees
9 on Appropriations—
10

(1)

spend

plans,

asdefinedinsection117034(s)(4) of the Department of State, Foreign Op-

12erations, and Related Programs Appropriations Act,

13

2023 (division K of Public Law 117–328), at the14

country, account, and program level, for funds ap-

15

propriated by this Act under the headings ‘‘Eco-

16

nomic Support Fund’’, ‘‘Transition Initiatives’’, ‘‘As-

17

sistance for Europe, Eurasia and Central Asia’’,

18‘‘International Narcotics Control and Law Enforce-

19

ment’’, ‘‘Nonproliferation, Anti-terrorism, Demining

20

and

21

ations’’, ‘‘Foreign Military Financing Program’’, and22‘‘Contribution to the International Development As-

23

sociation’’: Provided, That plans submitted pursuant

24

to this paragraph shall include for each program no-25

tified—(A) total funding made available for such

February 4, 2024 (6:13 p.m.)

Related

Programs’’,‘‘PeacekeepingOper-U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

56
1

program, by account and fiscal year; (B) funding

2

that remains unobligated for such program from3prior year base or supplemental appropriations; (C)4funding that is obligated but unexpended for such5

program; and (D) funding committed, but not yet

6

notified for such program; and7(2) operating plans, as defined in section 7062

8of the Department of State, Foreign Operations, and9

Related Programs Appropriations Act, 2023 (divi-

10sion K of Public Law 117–328), for funds appro-

11

priated by this title under the headings ‘‘Diplomatic

12

Programs’’, ‘‘Emergencies in the Diplomatic and

13

Consular Service’’, and ‘‘Operating Expenses’’.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

57
1

TITLE VII

2

GENERAL PROVISIONS—THIS ACT

3SEC. 701. Each amount appropriated or made avail-4 able by this Act is in addition to amounts otherwise appro5 priated for the fiscal year involved.
6SEC. 702. No part of any appropriation contained in

7 this Act shall remain available for obligation beyond the
8 current fiscal year unless expressly so provided herein.
9SEC. 703. Unless otherwise provided for by this Act,

10 the additional amounts appropriated by this Act to appro11 priations accounts shall be available under the authorities
12 and conditions applicable to such appropriations accounts
13 for fiscal year 2024.
14

SEC. 704. Not later than 45 days after the date of

15 enactment of this Act, the Secretary of State and the Sec16 retary of Defense, in consultation with the heads of other17 relevant Federal agencies, as appropriate, shall submit to
18 the Committees on Appropriations, Armed Services, and19 Foreign Relations of the Senate and the Committees on
20 Appropriations, Armed Services, and Foreign Affairs of
21 the House of Representatives a strategy regarding United
22 States support for Ukraine against aggression by the Rus23 sian Federation: Provided, That such strategy shall be
24 multi-year, establish specific and achievable objectives, de25 fine and prioritize United States national security inter-February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

58
1 ests, and include the metrics to be used to measure
2 progress in achieving such objectives: Provided further,
3 That such strategy shall include an estimate, on a fiscal
4 year-by-fiscal year basis, of the resources required by the
5 United States to achieve such objectives, including to help
6 hasten Ukrainian victory against Russia’s invasion forces
7 in a manner most favorable to United States interests and8 objectives, and a description of the national security impli9 cations for the United States if those objectives are not
10 met: Provided further, That such strategy shall describe
11 how each specific aspect of U.S. assistance, including de12 fense articles and U.S. foreign assistance, is intended at
13 the tactical, operational, and strategic level to help
14 Ukraine end the conflict as a democratic, independent,
15 and sovereign country capable of deterring and defending
16 its territory against future aggression: Provided further,
17 That such strategy shall include a classified independent
18 assessment from the Commander, U.S. European Com19 mand, describing any specific defense articles and services
20 not yet provided to Ukraine that would result in meaning21 ful battlefield gains in alignment with the strategy: Pro22 vided further, That such strategy shall include a classified
23 assessment from the Chairman of the Joint Chiefs of Staff
24 that the provision of specific defense articles and services
25 provided to Ukraine does not pose significant risk to the

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

59
1 defense capabilities of the United States military: Provided
2 further, That the Under Secretary of Defense for Acquisi3 tion & Sustainment in coordination with the Director, Cost
4 Assessment and Program Evaluation provide an assess5 ment of the executability and a production schedule for6 any specific defense articles recommended by the Com7 mander, U.S. European Command that require procure8 ment: Provided further, That such strategy shall include
9 information on support to the Government of the Russian
10 Federation from the Islamic Republic of Iran, the People’s
11 Republic of China, and the Democratic People’s Republic
12 of Korea, related to the Russian campaign in Ukraine, and13 its impact on such strategy: Provided further, That such
14 strategy shall be updated not less than quarterly, as ap15 propriate, until September 30, 2025, and such updates
16 shall be submitted to such committees: Provided further,
17 That unless otherwise specified by this section, such strat18 egy shall be submitted in unclassified form but may in19 clude a classified annex.
20

SEC. 705. (a) Not later than 45 days after the date

21 of enactment of this Act, the Secretary of State, in con22 sultation with the heads of other relevant Federal agen23 cies, as appropriate, shall brief the appropriate congres24 sional committees, in classified form, if necessary, on the
25 status and welfare of hostages being held in Gaza.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

60
1(b) For purposes of this section, the term ‘‘appro-

2 priate congressional committees’’ means the following:
34
5
6(1) The Committees on Appropriations, Armed
Services, and Foreign Relations of the Senate.
(2) The Select Committee on Intelligence of the
Senate.

7(3) The Committees on Appropriations, Armed

8

Services, and Foreign Affairs of the House of Rep-

9

resentatives.

10(4) The Permanent Select Committee on Intel-

11

ligence of the House of Representatives.

12

SEC. 706. Funds appropriated by this division and

13 division B of this Act for foreign assistance (including for14 eign military sales), for the Department of State, for
15 broadcasting subject to supervision of United States Agen16 cy for Global Media, and for intelligence or intelligence
17 related activities are deemed to be specifically authorized
18 by the Congress for the purposes of section 10 of Public
19 Law 91–672 (22 U.S.C. 2412), section 15 of the State
20 Department Basic Authorities Act of 1956 (22 U.S.C.
21 2680), section 313 of the Foreign Relations Authorization
22 Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and23 section 504(a)(1) of the National Security Act of 1947
24 (50 U.S.C. 3094(a)(1)).

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

61
1

SEC. 707. Each amount designated in this Act by the

2 Congress as being for an emergency requirement pursuant
3 to section 251(b)(2)(A)(i) of the Balanced Budget and
4 Emergency Deficit Control Act of 1985 shall be available
5 (or repurposed or rescinded, if applicable) only if the
6 President subsequently so designates all such amounts
7 and transmits such designations to the Congress.
8

SEC. 708. Any amount appropriated by this Act, des-9 ignated by the Congress as an emergency requirement
10 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg11 et and Emergency Deficit Control Act of 1985, and subse12 quently so designated by the President, and transferred
13 pursuant to transfer authorities provided by this Act shall
14 retain such designation.
15

This division may be cited as the ‘‘National Security

16 Supplemental Appropriations Act, 2024’’.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

62
1 DIVISION

B—BORDER

SECURITYFENTANYLAND

2COMBATTING

SUPPLE-

3

MENTAL APPROPRIATIONS ACT, 2024

4

The following sums are appropriated, out of any

5 money in the Treasury not otherwise appropriated, for the
6 fiscal year ending September 30, 2024, and for other pur7 poses, namely:
8

TITLE I

9DEPARTMENT OF JUSTICE10EXECUTIVE OFFICE FOR IMMIGRATION REVIEW11

For an additional amount for ‘‘Executive Office for

12 Immigration Review’’, $440,000,000, to remain available
13 until September 30, 2026: Provided, That of the total
14 amounts provided under this heading in this Act,
15 $404,000,000 shall be for Immigration Judge Teams, in16 cluding appropriate attorneys, law clerks, paralegals, court
17 administrators, and other support staff, as well as nec18 essary court and adjudicatory costs, and $36,000,000
19 shall be for representation for certain incompetent adults
20 pursuant to section 240(e) of the Immigration and Na21 tionality Act (8 U.S.C. 1229a(e)): Provided further, That
22 not more than 3 percent of the funds available for rep23 resentation for certain incompetent adults in the preceding
24 proviso shall be available for necessary administrative ex25 penses: Provided further, That with the exception of immi-

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

63
1 gration judges appointed pursuant to section 1003.10 of
2 title 8, Code of Federal Regulations, amounts provided
3 under this heading in this Act for Immigration Judge
4 Teams may not be used to increase the number of perma5 nent positions: Provided further, That the Executive Office
6 for Immigration Review shall submit a spending plan to
7 the Committees on Appropriations of the House of Rep8 resentatives and the Senate within 45 days after the date
9 of enactment of this Act: Provided further, That such
10 amount is designated by the Congress as being for an
11 emergency

requirement

pursuanttosection

12 251(b)(2)(A)(i) of the Balanced Budget and Emergency
13 Deficit Control Act of 1985.
14

LEGAL ACTIVITIES15SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES16

For an additional amount for ‘‘Salaries and Ex-

17 penses, General Legal Activities’’, $11,800,000, to remain
18 available until September 30, 2026, for necessary expenses
19 of the Criminal Division associated with the Joint Task
20 Force Alpha’s efforts to combat human trafficking and21 smuggling in the Western Hemisphere: Provided, That
22 such amount is designated by the Congress as being for
23 anemergency

requirement

pursuanttosection

24 251(b)(2)(A)(i) of the Balanced Budget and Emergency
25 Deficit Control Act of 1985.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

64
1

UNITED STATES MARSHALS SERVICE

2FEDERAL PRISONER DETENTION

3

For an additional amount for ‘‘United States Mar-

4 shals

Service—Federal

Prisoner

Detention’’,5 $210,000,000, to remain available until expended, for de6 tention costs due to enforcement activities along the south7 ern and northern borders: Provided, That such amount is
8 designated by the Congress as being for an emergency re9 quirement pursuant to section 251(b)(2)(A)(i) of the Bal10 anced Budget and Emergency Deficit Control Act of 1985.
11

FEDERAL BUREAU OF INVESTIGATION

12SALARIES AND EXPENSES

13

For an additional amount for ‘‘Federal Bureau of In-

14 vestigation—Salaries and Expenses’’, $204,000,000, to
15 remain available until September 30, 2026, for expenses
16 related to the analysis of DNA samples, including those
17 samples collected from migrants detained by the United
18 States Border Patrol: Provided, That such amount is des19 ignated by the Congress as being for an emergency re20 quirement pursuant to section 251(b)(2)(A)(i) of the Bal21 anced Budget and Emergency Deficit Control Act of 1985.
22

DRUG ENFORCEMENT ADMINISTRATION

23

SALARIES AND EXPENSES

24

For an additional amount for ‘‘Drug Enforcement

25 Administration—Salaries and Expenses’’, $23,200,000, to

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

65
1 remain available until September 30, 2026, to enhance
2 laboratory analysis of illicit fentanyl samples to trace illicit
3 fentanyl supplies back to manufacturers, to support Oper4 ation Overdrive, and to bolster criminal drug network tar5 geting efforts through data system improvements: Pro6 vided, That such amount is designated by the Congress
7 as being for an emergency requirement pursuant to sec8 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer9 gency Deficit Control Act of 1985.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

66
1

TITLE II

2

DEPARTMENT OF HOMELAND SECURITY

3 DEPARTMENTAL

MANAGEMENT,INTEL-

4

LIGENCE, SITUATIONAL AWARENESS, AND

5

OVERSIGHT

6

OFFICE OF THE SECRETARY AND EXECUTIVE

7

MANAGEMENT

8OPERATIONS AND SUPPORT9

For an additional amount for ‘‘Office of the Secretary

10 and Executive Management—Operations and Support’’,11 $33,000,000, to remain available until September 30,
12 2026, of which $30,000,000 shall be for necessary ex13 penses relating to monitoring, recording, analyzing, public
14 reporting on, and projecting migration flows and the im15 pacts policy changes and funding have on flows and re16 lated resource requirements for border security, immigra17 tion enforcement, and immigration services and of which
18 $3,000,000 shall be for the Office of the Immigration De19 tention Ombudsman for reporting and oversight relating
20 to expanded detention capacity: Provided, That such
21 amount is designated by the Congress as being for an
22 emergency

requirement

pursuanttosection

23 251(b)(2)(A)(i) of the Balanced Budget and Emergency
24 Deficit Control Act of 1985.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

67
1

SECURITY, ENFORCEMENT, AND

2

INVESTIGATIONS

3

U.S. CUSTOMS AND BORDER PROTECTION

4OPERATIONS AND SUPPORT5(INCLUDING TRANSFER OF FUNDS)

6

For an additional amount for ‘‘U.S. Customs and7 BorderProtection—Operations

andSupport’’,

8 $6,008,479,000, to remain available until September 30,
9 2026: Provided, That of the total amount provided under
10 this heading in this Act, $3,860,363,000 shall be for oper11 ational requirements relating to migration surges along
12 the southwest border, counter-fentanyl activities, nec13 essary expenses at ports of entry, reimbursement to the
14 Department of Defense for border operations support, and15 other related expenses, of which $3,148,262,000 shall re16 main available until September 30, 2024; $584,116,000
17 shall be for the hiring of U.S. Customs and Border Protec18 tion personnel; $139,000,000 shall be for overtime costs
19 for U.S. Border Patrol; $25,000,000 shall be for familial
20 DNA testing; and $1,400,000,000 shall be transferred to21 ‘‘Federal Emergency Management Agency—Federal As22 sistance’’ to support sheltering and related activities pro23 vided by non-Federal entities through the Shelter and
24 Services Program: Provided further, That such amount is
25 designated by the Congress as being for an emergency re-

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

68
1 quirement pursuant to section 251(b)(2)(A)(i) of the Bal2 anced Budget and Emergency Deficit Control Act of 1985.
3

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

4

For an additional amount for ‘‘U.S. Customs and5 Border Protection—Procurement, Construction, and Im6 provements’’, $758,500,000, to remain available until Sep7 tember 30, 2026: Provided, That of the total amount pro8 vided under this heading in this Act, $424,500,000 shall
9 be for acquisition and deployment of non-intrusive inspec10 tion technology, $260,000,000 shall be for acquisition and
11 deploymentofbordersecuritytechnology,

and

12 $74,000,000 shall be for acquisition and deployment of air
13 assets: Provided further, That such amount is designated
14 by the Congress as being for an emergency requirement
15 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg16 et and Emergency Deficit Control Act of 1985.
17

U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

18

OPERATIONS AND SUPPORT19

For an additional amount for ‘‘U.S. Immigration and

20 Customs

Enforcement—Operations

andSupport’’,21 $7,600,833,000, to remain available until September 30,
22 2026: Provided, That of the total amount provided under
23 this heading in this Act, $3,230,648,000 shall be for in24 creased custodial detention capacity, $2,548,401,000 shall
25 be for increased removal flights and related activities, in-February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

69
1 cluding short-term staging facilities, $534,682,000 shall
2 be for hiring U.S. Immigration and Customs Enforcement
3 personnel, and $1,287,102,000 shall be for increased en4 rollment capabilities and related activities within the Al5 ternatives to Detention program: Provided further, That
6 such amount is designated by the Congress as being for
7 anemergency

requirement

pursuanttosection

8 251(b)(2)(A)(i) of the Balanced Budget and Emergency
9 Deficit Control Act of 1985.
10 PROTECTION, PREPAREDNESS, RESPONSE, AND
11

RECOVERY12

FEDERAL EMERGENCY MANAGEMENT AGENCY

13

FEDERAL ASSISTANCE

14

For an additional amount for ‘‘Federal Emergency

15 Management

Agency—Federal

Assistance’’,16 $100,000,000, to remain available until September 30,
17 2025, for Operation Stonegarden: Provided, That not less18 than 25 percent of the total amount provided under this19 heading in this Act shall be for States other than those
20 located along the southwest border: Provided further, That
21 such amount is designated by the Congress as being for
22 anemergency

requirement

pursuanttosection

23 251(b)(2)(A)(i) of the Balanced Budget and Emergency
24 Deficit Control Act of 1985.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

70
1

RESEARCH, DEVELOPMENT, TRAINING, AND

2

SERVICES

3

U.S. CITIZENSHIP AND IMMIGRATION SERVICES

4OPERATIONS AND SUPPORT5

For an additional amount for ‘‘U.S. Citizenship and6 Immigration

Services—Operations

andSupport’’,

7 $3,995,842,000, to remain available until September 30,
8 2026: Provided, That of the total amount provided under
9 this heading in this Act, $3,383,262,000 shall be for hir10 ing and associated costs, $112,580,000 shall be for non11 personnel operations, including transcription services, and12 $500,000,000 shall be for facilities: Provided further, That
13 such amounts shall be in addition to any other amounts
14 made available for such purposes, and shall not be con15 strued to require any reduction of any fee described in
16 section 286(m) of the Immigration and Nationality Act
17 (8 U.S.C. 1356(m)): Provided further, That such amount
18 is designated by the Congress as being for an emergency
19 requirement pursuant to section 251(b)(2)(A)(i) of the
20 Balanced Budget and Emergency Deficit Control Act of
21 1985.
22

FEDERAL LAW ENFORCEMENT TRAINING CENTERS

23

OPERATIONS AND SUPPORT24

For an additional amount for ‘‘Federal Law Enforce-

25 ment

February 4, 2024 (6:13 p.m.)

Training

Centers—Operations

andSupport’’,U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

71
1 $50,703,000, to remain available until September 30,
2 2026: Provided, That of the total amount provided under
3 this heading in this Act, $49,603,000 shall be for training4 related expenses, to include instructors, tuition, and over5 head costs associated with the delivery of basic law en6 forcement training and $1,100,000 shall be for the nec7 essary mission support activities and facility maintenance
8 required for law enforcement training: Provided further,
9 That such amount is designated by the Congress as being
10 for an emergency requirement pursuant to section
11 251(b)(2)(A)(i) of the Balanced Budget and Emergency
12 Deficit Control Act of 1985.
13

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

14

For an additional amount for ‘‘Federal Law Enforce-

15 ment Training Centers—Procurement, Construction, and
16 Improvements’’, $6,000,000, to remain available until
17 September 30, 2026, for necessary expenses of construc18 tion and improvements to existing facilities required to
19 conduct training for Federal law enforcement personnel:
20 Provided, That such amount is designated by the Congress
21 as being for an emergency requirement pursuant to sec22 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer23 gency Deficit Control Act of 1985.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

72
1
2

GENERAL PROVISIONS—THIS TITLE
SEC. 201. (a) The Secretary shall, by March 1, 2025,

3 and quarterly thereafter, provide to the Committees on
4 Appropriations of the House of Representatives and the
5 Senate a report describing changes in performance metrics
6 and operational capabilities relating to border security, im7 migration enforcement, and immigration services, and the
8 relationship of those changes to actual and projected en9 counters on the southwest border.
10(b) The report required by subsection (a) shall also

11 include an analytic assessment of how policy changes and
12 resources provided in this title of this Act impact effi13 ciencies and resource needs for—14(1) other programs within the Department; and15(2) other Federal Departments and agencies.

16

SEC. 202. (a) Amounts made available in this Act

17 under the heading ‘‘U.S. Customs and Border Protec18 tion—Procurement, Construction, and Improvements’’ for
19 acquisition and deployment of border security technology
20 shall be available only as follows:21(1) $170,000,000 for the procurement and de-22ployment of autonomous surveillance towers systems

23

in locations that are not currently covered by such

24

systems or technology, as defined in subsection (d);February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

73
1(2) $47,500,000 for the procurement and de-2ployment of mobile surveillance capabilities, includ-3

ing mobile video surveillance systems and for obso-

4lete mobile surveillance equipment replacement,

5

counter-UAS, and small unmanned aerial systems;

67(3) $25,000,000 for subterranean detection capabilities;

8(4) $7,500,000 for seamless integrated commu-

9nications to extend connectivity for Border Patrol

10

agents; and

11(5) $10,000,000 for the acquisition of data

12

from long duration unmanned surface vehicles in

13

support of maritime border security.

14(b) None of the funds available under subsection

15 (a)(1) shall be used for the procurement or deployment
16 of border security technology that is not autonomous.
17(c) For the purposes of this section, ‘‘autonomous’’

18 and ‘‘autonomous surveillance tower systems’’ are defined
19 as integrated software and/or hardware systems that uti20 lize sensors, onboard computing, and artificial intelligence
21 to identify items of interest that would otherwise be manu22 ally identified by personnel.
23(d) Not later than 90 days after the date of enact-

24 ment of this Act, and monthly thereafter, U.S. Customs
25 and Border Protection shall provide to the Committees on

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

74
1 Appropriations of the House of Representatives and the2 Senate an expenditure plan for the use of the funds avail3 able under subsection (a)(1) and such expenditure plan
4 shall include the following:
56
7
8(1) the number and type of systems that will be
procured;(2) the U.S. Border Patrol sectors where eachsystem will be deployed;

9(3) a timeline for system deployments, including

10

a timeline for securing necessary approvals and land

11

rights;

12
13
14
15

(4) estimated annual sustainment costs for thesystems; and(5) other supporting information.
SEC. 203. (a) Amounts made available in this Act

16 under the heading ‘‘U.S. Customs and Border Protec17 tion—Procurement, Construction, and Improvements’’ for
18 acquisition and deployment of non-intrusive inspection
19 technology shall be available only through an open com20 petition occurring after the date of enactment of this Act
21 to acquire innovative technologies that improve perform22 ance, including through the integration of artificial intel23 ligence and machine learning capabilities.
24(b) Beginning on March 1, 2025, the Commissioner

25 of U.S. Customs and Border Protection shall provide to

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

75
1 the Committees on Appropriations of the House of Rep2 resentatives and the Senate a quarterly update on the im3 pacts of deployments of additional non-intrusive inspection
4 technology on key performance metrics and operational ca5 pabilities and such expenditure plan shall include the fol6 lowing:
78(1) the percentage of passenger and cargo vehicles scanned;

9(2) the percentage of seizures of narcotics, cur-10

rency, weapons, and ammunition, and other illicit

11

items at inbound and outbound operations at ports

12of entry, checkpoints, and other locations as applica-

13

ble; and14(3) the impact on U.S. Customs and Border

15

Protection workforce requirements resulting from16

the deployment of additional non-intrusive inspection

17

technology.

18

SEC. 204. (a) Not later than 30 days after the date

19 of enactment of this Act, the Under Secretary for Manage20 ment at the Department of Homeland Security shall pro21 vide to the Committees on Appropriations of the House
22 of Representatives and the Senate an expenditure and hir23 ing plan for amounts made available in this title of this24 Act.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

76
1(b) The plan required in subsection (a) shall not

2 apply to funds made available in this Act under the head3 ing ‘‘Federal Emergency Management Agency—Federal
4 Assistance’’ or to funds transferred by this Act to such
5 heading.
6(c) The plan required in subsection (a) shall be up-

7 dated and submitted to the Committees on Appropriations
8 of the House of Representatives and the Senate every 30
9 days and no later than the 5th day of each month to re10 flect changes to the plan and expenditures of funds until
11 all funds made available in this title of this Act are ex12 pended or have expired.
13(d) None of the funds made available in this title of

14 this Act may be obligated prior to the submission of such
15 plan.
16

SEC. 205. The remaining unobligated balances, as of

17 the date of enactment of this Act, from amounts made18 available under the heading ‘‘U.S. Customs and Border
19 Protection—Procurement, Construction, and Improve20 ments’’ in division D of the Consolidated Appropriations
21 Act, 2020 (Public Law 116–93) and described in section
22 209(a)(1) of such division of that Act and division F of
23 the Consolidated Appropriations Act, 2021 (Public Law
24 116–260) and described in section 210 of such division
25 of that Act are hereby rescinded, and an amount of addi-

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

77
1 tional new budget authority equivalent to the amount re2 scinded pursuant to this section is hereby appropriated,
3 for an additional amount for fiscal year 2024, to remain
4 available until September 30, 2028, and shall be available
5 for the same purposes and under the same authorities and6 conditions for which such amounts were originally pro7 vided in such Acts: Provided, That none of the funds allo8 cated for pedestrian physical barriers pursuant to this sec9 tion may be made available for any purpose other than
10 the construction of steel bollard pedestrian barrier built
11 at least 18 to 30 feet in effective height and augmented
12 with anti-climb and anti-dig features: Provided further,
13 That for purposes of this section, the term ‘‘effective
14 height’’ refers to the height above the level of the adjacent
15 terrain features: Provided further, That none of the funds
16 allocated for pedestrian physical barriers pursuant to this17 section may be made available for any purpose other than
18 construction of pedestrian barriers consistent with the de19 scription in the first proviso at locations identified in the
20 Border Security Improvement Plan submitted to Congress
21 on August 1, 2020: Provided further, That the Commis22 sioner of U.S. Customs and Border Protection may
23 reprioritize the construction of physical barriers outlined
24 in the Border Security Improvement Plan and, with prior
25 approval of the Committees on Appropriations of the

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

78
1 House of Representatives and the Senate, add additional
2 miles of pedestrian physical barriers where no such bar3 riers exist, prioritized by operational requirements devel4 oped in coordination with U.S. Border Patrol leadership:
5 Provided further, That within 180 days of the date of en6 actment of this Act, the Secretary shall submit a report
7 to the Committees on Appropriations of the House of Rep8 resentatives and the Senate detailing how the funds will
9 be used, by sector, to include the number of miles to be
10 built: Provided further, That none of the funds made avail11 able pursuant to this section shall be available for obliga12 tion until the Secretary submits the report detailed in the
13 preceding proviso.
14

SEC. 206. (a) Not later than 60 days after the date

15 of the enactment of this Act and monthly thereafter, the
16 Director of U.S. Immigration and Customs Enforcement
17 (in this section, referred to as the ‘‘Director’’) shall pro18 vide to the Committees on Appropriations of the House
19 of Representatives and the Senate data detailing the num20 ber of weekly removal flights conducted by U.S. Immigra21 tion and Customs Enforcement, the cost per flight, the22 number of individuals by nationality on each flight, the23 average length of time by nationality between when the
24 individual was removed and when the individual’s final

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

79
1 order of removal was issued, and the number of empty
2 seats on each flight.
3(b) The Director shall also provide to the Committees

4 on Appropriations of the House of Representatives and the
5 Senate data detailing the number of voluntary repatri6 ations coordinated by U.S. Immigration and Customs En7 forcement, the costs associated with each repatriation, the
8 number of individuals by nationality, the average length
9 of time by nationality between when the individual was
10 removed and when the individual’s final order of removal
11 was issued, and the number of individuals that have opted
12 into this program still awaiting repatriation.
13

SEC. 207. (a) Not later than 30 days after the date

14 of enactment of this Act and weekly thereafter, the Direc15 tor of U.S. Immigration and Customs Enforcement (in16 this section referred to as the ‘‘Director’’) shall provide
17 to the Committees on Appropriations of the House of Rep18 resentatives and the Senate a plan to increase custodial
19 detention capacity using the funds provided for such pur20 pose in this title of this Act, until such funds are ex21 pended.
22(b) The plan required by subsection (a) shall also in-

23 clude data on all detention capacity to which U.S. Immi24 gration and Customs Enforcement has access but cannot

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

80
1 use, the reason that the capacity cannot be used, and a
2 course of action for mitigating utilization issues.
3(c) The Director shall provide notice to the Commit-

4 tees on Appropriations of the House of Representatives
5 and the Senate in the plan required by subsection (a) of
6 any planned facility acquisitions, cost data, utilization
7 rates, increase of average daily population, and notice of
8 any termination or reduction of a contract for detention
9 space, whether such actions are funded by this Act or any
10 other Act for this or prior fiscal years.
11(d) The Director shall notify the Committees on Ap-

12 propriations of the House of Representatives and the Sen13 ate not less than 30 days prior to the planned date of
14 a contract termination or implementation of a reduction
15 in detention capacity.
16

SEC. 208. None of the funds provided in this title

17 of this Act for ‘‘U.S. Immigration and Customs Enforce18 ment—Operations Support’’ may be used for community19 based residential facilities.
20

SEC. 209. (a) Prior to the Secretary of Homeland Se-

21 curity (in this section referred to as the ‘‘Secretary’’) re22 questing assistance from the Department of Defense for23 border security operations, the Secretary shall ensure that
24 an alternatives analysis and cost-benefit analysis is con25 ducted that includes data on the cost effectiveness of ob-

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

81
1 taining such assistance from the Department of Defense
2 in lieu of other options.
3(b) The Secretary shall submit to the Committees on

4 Appropriations of the House of Representatives and the
5 Senate, a report detailing the types of support sought by
6 the Secretary in any request for assistance from the De7 partment of Defense for border security operations and8 the operational impact of such request on Department of
9 Homeland Security operations within 30 days of the date
10 of enactment of this Act and quarterly thereafter.
11(c) The Secretary shall include with the data re-12 quested in subsection (b) the results of the alternatives
13 analysis and cost-benefit analysis required under sub14 section (a).
15

SEC. 210. Eligibility for funding made available by

16 this title of this Act for transfer from ‘‘U.S. Customs and
17 Border Protection—Operations and Support’’ to ‘‘Federal
18 Emergency Management Agency—Federal Assistance’’
19 for the Shelter and Services Program shall not be limited
20 to entities that previously received or applied for funding
21 for the Shelter and Services Program or the Emergency
22 Food and Shelter-Humanitarian program.
23

SEC. 211. Of the total amount provided under the

24 heading ‘‘U.S. Customs and Border Protection—Oper25 ations and Support’’ in this title of this Act for transfer

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

82
1 to ‘‘Federal Emergency Management Agency—Federal
2 Assistance’’ for the Shelter and Services Program—
3(1) not more than $933,333,333 shall be avail-4

able for transfer immediately upon enactment of this

5

Act;

6

(2) an additional $350,000,000 shall be avail-7

able for transfer upon submission of a written cer-8tification by the Secretary of Homeland Security, to9

the Committees on Appropriations of the House of10

Representatives and the Senate, that U.S. Immigra-

11

tion and Customs Enforcement has—

12(A) the ability to detain 46,500 individuals

13

and has increased the total number of Enforce-

14

ment and Removal Operations deportation offi-

15

cers by 200 above the current on board levels

16

as of the date of enactment of this Act;

17(B) increased the total number of U.S.

18

Customs and Border Protection officers by 200

19

above the current on board levels as of the date20

of enactment of this Act; and21(C) increased the total number of U.S.

22

Citizenship and Immigration Services asylum

23

officers by 800 above the current on board lev-24

els as of the date of enactment of this Act; andFebruary 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

83
1(3) an additional $116,666,667 shall be avail-2

able for transfer upon submission of a written cer-3tification by the Secretary of Homeland Security, to4

the Committees on Appropriations of the House of5

Representatives and the Senate, that U.S. Immigra-

6tion and Customs Enforcement has—

7(A) conducted a total of 1,500 removal

8flights since the date of enactment of this Act;

9

and

10

(B) ensured that at least 75 percent of

11

Border Patrol agents assigned to duty along the12southwest land border have been trained on the13

procedures included in sections 235B and 244B

14of the Immigration and Nationality Act.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

84
1

TITLE III

2

DEPARTMENT OF HEALTH AND HUMAN

3

SERVICES

4ADMINISTRATION FOR CHILDREN AND FAMILIES5

REFUGEE AND ENTRANT ASSISTANCE

6

For an additional amount for ‘‘Refugee and Entrant

7 Assistance’’, $350,000,000, to remain available until ex8 pended, for carrying out section 235(c)(5)(B) of the Wil9 liam Wilberforce Trafficking Victims Protection Reauthor10 ization Act of 2008 (8 U.S.C. 1232(c)(5)(B)): Provided,
11 That for the purposes of carrying out such section the Sec12 retary of Health and Human Services may use amounts
13 made available under this heading in this Act to award
14 grants to, or enter into contracts with, public, private, or
15 nonprofit organizations, including States: Provided fur16 ther, That such amount is designated by the Congress as
17 being for an emergency requirement pursuant to section
18 251(b)(2)(A)(i) of the Balanced Budget and Emergency
19 Deficit Control Act of 1985.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

85
1

TITLE IV

2

DEPARTMENT OF STATE AND RELATED

3

AGENCY

4

BILATERAL ECONOMIC ASSISTANCE

5FUNDS APPROPRIATED TO THE PRESIDENT

6

INTERNATIONAL DISASTER ASSISTANCE

7

For an additional amount for ‘‘International Disaster

8 Assistance’’, $850,000,000, to remain available until ex9 pended, to address humanitarian needs in the Western
10 Hemisphere: Provided, That such amount is designated by
11 the Congress as being for an emergency requirement pur12 suant to section 251(b)(2)(A)(i) of the Balanced Budget
13 and Emergency Deficit Control Act of 1985.
14
15

ECONOMIC SUPPORT FUND

For an additional amount for ‘‘Economic Support

16 Fund’’, $415,000,000, to remain available until Sep17 tember 30, 2026: Provided, That of the total amount made18 available under this heading in this Act, $230,000,000
19 shall be made available to increase foreign country capac20 ity to accept and integrate returned and removed individ21 uals, which shall be administered in consultation with the
22 Secretary of Homeland Security, including to address
23 partner government requests that enable the achievement
24 of such objectives, as appropriate: Provided further, That
25 of the total amount made available under this heading in

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

86
1 this Act, $185,000,000 shall be made available to reduce
2 irregular migration within the Western Hemisphere: Pro3 vided further, That prior to the obligation of funds made4 available pursuant to the preceding proviso that are made5 available to support the repatriation operations of a for6 eign government, the Secretary of State shall submit to
7 the appropriate congressional committees a monitoring
8 and oversight plan for the use of such funds, and such
9 funds shall be subject to prior consultation with such com10 mittees and the regular notification procedures of the
11 Committees on Appropriations: Provided further, That the
12 Secretary of State shall submit to such committees the
13 text of any agreements or awards related to such oper14 ations, which may include documents submitted in classi15 fied form, as appropriate, including any agreement with
16 a foreign government, nongovernment entity, or inter17 national organization, as applicable, not later than 5 days
18 after the effective date of such document: Provided further,
19 That funds appropriated under this heading in this Act
20 may be made available as contributions: Provided further,
21 That funds appropriated under this heading in this Act
22 shall not be used to support the refoulement of migrants
23 or refugees: Provided further, That such amount is des24 ignated by the Congress as being for an emergency re-

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

87
1 quirement pursuant to section 251(b)(2)(A)(i) of the Bal2 anced Budget and Emergency Deficit Control Act of 1985.
3

INTERNATIONAL SECURITY ASSISTANCE

4DEPARTMENT OF STATE

5

INTERNATIONAL NARCOTICS CONTROL AND LAW

6ENFORCEMENT

7

For an additional amount for ‘‘International Nar-

8 cotics Control and Law Enforcement’’, $25,000,000, to re9 main available until September 30, 2025, to counter the
10 flow of fentanyl, fentanyl precursors, and other synthetic
11 drugs into the United States, following consultation with
12 the Committees on Appropriations: Provided, That such
13 amount is designated by the Congress as being for an
14 emergency

requirement

pursuanttosection

15 251(b)(2)(A)(i) of the Balanced Budget and Emergency
16 Deficit Control Act of 1985..

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

88
1

TITLE V

2

GENERAL PROVISIONS—THIS ACT

3SEC. 501. Each amount appropriated or made avail-4 able by this Act is in addition to amounts otherwise appro5 priated for the fiscal year involved.
6SEC. 502. No part of any appropriation contained in

7 this Act shall remain available for obligation beyond the
8 current fiscal year unless expressly so provided herein.
9SEC. 503. Unless otherwise provided for by this Act,

10 the additional amounts appropriated by this Act to appro11 priations accounts shall be available under the authorities
12 and conditions applicable to such appropriations accounts
13 for fiscal year 2024.
14

SEC. 504. Each amount designated in this Act by the

15 Congress as being for an emergency requirement pursuant
16 to section 251(b)(2)(A)(i) of the Balanced Budget and
17 Emergency Deficit Control Act of 1985 shall be available
18 (or repurposed or rescinded, if applicable) only if the
19 President subsequently so designates all such amounts
20 and transmits such designations to the Congress.
21

SEC. 505. Any amount appropriated by this Act, des-22 ignated by the Congress as an emergency requirement
23 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg24 et and Emergency Deficit Control Act of 1985, and subse25 quently so designated by the President, and transferredFebruary 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

89
1 pursuant to transfer authorities provided by this Act shall2 retain such designation.
3

This division may be cited as the ‘‘Border Security

4 and Combatting Fentanyl Supplemental Appropriations
5 Act, 2024’’.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

90

DIVISION C—BORDER ACT

1
2

SEC. 3001. SHORT TITLE; TABLE OF CONTENTS.

3(a) SHORT TITLE.—This division may be cited as the

4 ‘‘Border Act’’.
5(b) TABLE OF CONTENTS.—The table of contents for

6 this division is as follows:
DIVISION C—BORDER ACTSec. 3001. Short title; table of contents.
Sec. 3002. Definitions.
TITLE I—CAPACITY BUILDING
Subtitle A—Hiring, Training, and Systems Modernization
CHAPTER 1—HIRING AUTHORITIESSec. 3101. USCIS direct hire authority.
Sec. 3102. ICE direct hire authority.
Sec. 3103. Reemployment of civilian retirees to meet exceptional employment
needs.
Sec. 3104. Establishment of special pay rate for asylum officers.
CHAPTER 2—HIRING WAIVERS
Sec. 3111. Hiring flexibility.
Sec. 3112. Supplemental Commissioner authority and definitions.
CHAPTER 3—ALTERNATIVES TO DETENTION IMPROVEMENTS AND TRAININGFOR U.S. BORDER PATROL
Sec. 3121. Alternatives to detention improvements.
Sec. 3122. Training for U.S. Border Patrol.
CHAPTER 4—MODERNIZING NOTICES TO APPEAR
Sec. 3131. Electronic notices to appear.
Sec. 3132. Authority to prepare and issue notices to appear.
Subtitle B—Asylum Processing at the Border
Sec. 3141. Provisional noncustodial removal proceedings.
Sec. 3142. Protection merits removal proceedings.
Sec. 3143. Voluntary departure after noncustodial processing; withdrawal of
application for admission.
Sec. 3144. Voluntary repatriation.
Sec. 3145. Immigration Examinations Fee Account.
Sec. 3146. Border reforms.
Sec. 3147. Protection Appellate Board.
TITLE II—ASYLUM PROCESSING ENHANCEMENTS

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

91
Sec. 3201. Combined screenings.
Sec. 3202. Credible fear standard and asylum bars at screening interview.
Sec. 3203. Internal relocation.
Sec. 3204. Asylum officer clarification.
TITLE III—SECURING AMERICA
Subtitle A—Border Emergency Authority
Sec. 3301. Border emergency authority.
Subtitle B—FEND Off Fentanyl Act
Sec. 3311. Short titles.
Sec. 3312. Sense of Congress.
Sec. 3313. Definitions.
CHAPTER 1—SANCTIONS MATTERS
SUBCHAPTER A—SANCTIONS IN RESPONSE TO NATIONAL EMERGENCY
RELATING TO FENTANYL TRAFFICKING

Sec. 3314. Finding; policy.
Sec. 3315. Use of national emergency authorities; reporting.
Sec. 3316. Imposition of sanctions with respect to fentanyl trafficking bytransnational criminal organizations.
Sec. 3317. Penalties; waivers; exceptions.
Sec. 3318. Treatment of forfeited property of transnational criminal organizations.
SUBCHAPTER B—OTHER MATTERS

Sec. 3319. Ten-year statute of limitations for violations of sanctions.
Sec. 3320. Classified report and briefing on staffing of office of foreign assets
control.
Sec. 3321. Report on drug transportation routes and use of vessels with mislabeled cargo.
Sec. 3322. Report on actions of People’s Republic of China with respect to persons involved in fentanyl supply chain.
CHAPTER 2—ANTI-MONEY LAUNDERING MATTERS
Sec. 3323. Designation of illicit fentanyl transactions of sanctioned persons asof primary money laundering concern.
Sec. 3324. Treatment of transnational criminal organizations in suspicioustransactions reports of the financial crimes enforcement network.
Sec. 3325. Report on trade-based money laundering in trade with Mexico, thePeople’s Republic of China, and Burma.
CHAPTER 3—EXCEPTION RELATING TO IMPORTATION OF GOODS
Sec. 3326. Exception relating to importation of goods.
Subtitle C—Fulfilling Promises to Afghan Allies
Sec. 3331. Definitions.
Sec. 3332. Support for Afghan allies outside the United States.
Sec. 3333. Conditional permanent resident status for eligible individuals.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

92
Sec. 3334. Refugee processes for certain at-risk Afghan allies.
Sec. 3335. Improving efficiency and oversight of refugee and special immigrant
processing.
Sec. 3336. Support for certain vulnerable Afghans relating to employment byor on behalf of the United States.
Sec. 3337. Support for allies seeking resettlement in the United States.
Sec. 3338. Reporting.
TITLE IV—PROMOTING LEGAL IMMIGRATION
Sec. 3401. Employment authorization for fiancés, fiancées, spouses, and children of United States citizens and specialty workers.
Sec. 3402. Additional visas.
Sec. 3403. Children of long-term visa holders.
Sec. 3404. Military naturalization modernization.
Sec. 3405. Temporary family visits.
TITLE V—SELF-SUFFICIENCY AND DUE PROCESS
Subtitle A—Work Authorizations
Sec. 3501. Work authorization.
Sec. 3502. Employment eligibility.
Subtitle B—Protecting Due Process
Sec. 3511. Access to counsel.
Sec. 3512. Counsel for certain unaccompanied alien children.
Sec. 3513. Counsel for certain incompetent individuals.
Sec. 3514. Conforming amendment.
TITLE VI—ACCOUNTABILITY AND METRICS
Sec. 3601. Employment authorization compliance.
Sec. 3602. Legal access in custodial settings.
Sec. 3603. Credible fear and protection determinations.
Sec. 3604. Publication of operational statistics by U.S. Customs and Border
Protection.
Sec. 3605. Utilization of parole authorities.
Sec. 3606. Accountability in provisional removal proceedings.
Sec. 3607. Accountability in voluntary repatriation, withdrawal, and departure.
Sec. 3608. GAO analysis of immigration judge and asylum officer decisionmaking regarding asylum, withholding of removal, and protection under the Convention Against Torture.
Sec. 3609. Report on counsel for unaccompanied alien children.
Sec. 3610. Recalcitrant countries.
TITLE VII—OTHER MATTERS
Sec. 3701. Severability.
TITLE VIII—BUDGETARY EFFECTS
Sec. 3801. Budgetary effects.

1

SEC. 3002. DEFINITIONS.

2

In this division:

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

93
1

(1)

APPROPRIATECOMMITTEES

OF

CON-

2

GRESS.—Except as otherwise explicitly provided, the

3

term

4

means—

5‘‘appropriate

committeesofCongress’’(A) the Committee on Appropriations of

6

the Senate;

7(B) the Committee on the Judiciary of the8

Senate;9(C) the Committee on Homeland Security

10

and Governmental Affairs of the Senate;

11(D) the Committee on Appropriations of

12

the House of Representatives;13(E) the Committee on the Judiciary of the

14

House of Representatives; and

15(F) the Committee on Homeland Security

16of the House of Representatives.

17(2) SECRETARY.—The term ‘‘Secretary’’ means

18

the Secretary of Homeland Security.

21

TITLE I—CAPACITY BUILDING
Subtitle A—Hiring, Training, andSystems Modernization

22

CHAPTER 1—HIRING AUTHORITIES

19
20

23

SEC. 3101. USCIS DIRECT HIRE AUTHORITY.

24(a) IN GENERAL.—The Secretary may appoint, with-

25 out regard to the provisions of sections 3309 throughFebruary 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

94
1 3319 of title 5, United States Code, candidates needed for2 positions within the Refugee, Asylum and International
3 Operations Directorate, the Field Operations Directorate,
4 and the Service Center Operations Directorate of U.S.
5 Citizenship and Immigration Services for which—6(1) public notice has been given;

7(2) the Secretary has determined that a critical8hiring need exists; and

9(3) the Secretary has consulted with the Direc-

10

tor of the Office of Personnel Management regard-

11

ing—

12
13
14
15
16
17
18

(A) the positions for which the Secretaryplans to recruit;(B) the quantity of candidates Secretary isseeking; and(C) the assessment and selection policies
the Secretary plans to utilize.
(b) DEFINITION OF CRITICAL HIRING NEED.—In

19 this section, the term ‘‘critical hiring need’’ means per20 sonnel necessary for the implementation of this Act and
21 associated work.
22(c) REPORTING.—Not later than 1 year after the date

23 of enactment of this Act, and annually thereafter for the
24 following 4 years, the Secretary, in consultation with the

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

95
1 Director of the Office of Personnel Management, shall
2 submit to Congress a report that includes—
3(1) demographic data, including veteran status,

4

regarding individuals hired pursuant to the authority

5

under subsection (a);6(2) salary information of individuals hired pur-7

suant to such authority; and8(3) how the Department of Homeland Security

9

exercised such authority consistently with merit sys-

10

tem principles.

11(d) SUNSET.—The authority to make an appointment

12 under this section shall terminate on the date that is 5
13 years after the date of the enactment of this Act.
14

SEC. 3102. ICE DIRECT HIRE AUTHORITY.

15(a) IN GENERAL.—The Secretary may appoint, with-

16 out regard to the provisions of sections 3309 through17 3319 of title 5, United States Code, candidates needed for
18 positions within Enforcement and Removal Operations of
19 U.S. Immigration and Customs Enforcement as a deporta20 tion officer or with duties exclusively relating to the En21 forcement and Removal, Custody Operations, Alternatives
22 to Detention, or Transportation and Removal program for
23 which—
24

February 4, 2024 (6:13 p.m.)(1) public notice has been given;U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

96
12(2) the Secretary has determined that a criticalhiring need exists; and3(3) the Secretary has consulted with the Direc-

4

tor of the Office of Personnel Management regard-

5

ing—

6
7
8
9
10
11
12

(A) the positions for which the Secretaryplans to recruit;(B) the quantity of candidates the Secretary is seeking; and(C) the assessment and selection policies
the Secretary plans to utilize.
(b) DEFINITION OF CRITICAL HIRING NEED.—In

13 this section, the term ‘‘critical hiring need’’ means per14 sonnel necessary for the implementation of this Act and
15 associated work.
16(c) REPORTING.—Not later than 1 year after the date

17 of the enactment of this Act, and annually thereafter for
18 the following 4 years, the Secretary, in consultation with
19 the Director of the Office of Personnel Management, shall
20 submit to Congress a report that includes—
21(1) demographic data, including veteran status,

22

regarding individuals hired pursuant to the authority

23

under subsection (a);24
25

February 4, 2024 (6:13 p.m.)(2) salary information of individuals hired pursuant to such authority; andU:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

971(3) how the Department of Homeland Security

2

exercised such authority consistently with merit sys-3

tem principles.

4(d) SUNSET.—The authority to make an appointment

5 under this section shall terminate on the date that is 5
6 years after the date of the enactment of this Act.
7

SEC. 3103. REEMPLOYMENT OF CIVILIAN RETIREES TO

8
9MEET EXCEPTIONAL EMPLOYMENT NEEDS.

(a) AUTHORITY.—The Secretary, after consultation

10 with the Director of the Office of Personnel Management,
11 may waive, with respect to any position in U.S. Immigra12 tion and Customs Enforcement, U.S. Customs and Border
13 Protection, or U.S. Citizenship and Immigration Services,
14 the application of section 8344 or 8468 of title 5, United
15 States Code, on a case-by-case basis, for employment of
16 an annuitant in a position necessary to implement this Act
17 and associated work, for which there is exceptional dif18 ficulty in recruiting or retaining a qualified employee, or
19 when a temporary emergency hiring need exists.
20(b) PROCEDURES.—The Secretary, after consultation

21 with the Director of the Office of Personnel Management,
22 shall prescribe procedures for the exercise of the authority
23 under subsection (a), including procedures for a delegation
24 of authority.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

98
1(c) ANNUITANTS NOT TREATED AS EMPLOYEES FOR

2 PURPOSES OF RETIREMENT BENEFITS.—An employee for
3 whom a waiver under this section is in effect shall not
4 be considered an employee for purposes of subchapter III
5 of chapter 83 or chapter 84 of title 5, United States Code.
6

SEC. 3104. ESTABLISHMENT OF SPECIAL PAY RATE FOR

7
8ASYLUM OFFICERS.

(a) IN GENERAL.—Subchapter III of chapter 53 of

9 title 5, United States Code, is amended by inserting after
10 section 5332 the following:
11 ‘‘§ 5332a. Special base rates of pay for asylum officers
12‘‘(a) DEFINITIONS.—In this section—

13‘‘(1) the term ‘asylum officer’ has the meaning

14

given such term in section 235(b)(1) of the Immi-

15

gration and Nationality Act (8 U.S.C. 1225(b)(1));16‘‘(2) the term ‘General Schedule base rate’

17

means an annual rate of basic pay established under18

section 5332 before any additions, such as a locality-

19

based comparability payment under section 5304 or

20

5304a or a special rate supplement under section

215305; and22‘‘(3) the term ‘special base rate’ means an an-

23

nual rate of basic pay payable to an asylum officer,

24

before any additions or reductions, that replaces the25

General Schedule base rate otherwise applicable to

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

99
1

the asylum officer and that is administered in the2same manner as a General Schedule base rate.

3‘‘(b) SPECIAL BASE RATES OF PAY.—

4‘‘(1) ENTITLEMENT TO SPECIAL RATE.—Not-

5

withstanding section 5332, an asylum officer is enti-

6

tled to a special base rate at grades 1 through 15,7which shall—

8‘‘(A) replace the otherwise applicable Gen-9eral Schedule base rate for the asylum officer;

10‘‘(B) be basic pay for all purposes, includ-11

ing the purpose of computing a locality-based

12

comparability payment under section 5304 or

13

5304a; and14‘‘(C) be computed as described in para-

15

graph (2) and adjusted at the time of adjust-

16

ments in the General Schedule.

17‘‘(2) COMPUTATION.—The special base rate for18

an asylum officer shall be derived by increasing the19otherwise applicable General Schedule base rate for20

the asylum officer by 15 percent for the grade of the21

asylum officer and rounding the result to the nearest

22

whole dollar.’’.

23(b) CLERICAL AMENDMENT.—The table of sections

24 for subchapter III of chapter 53 of title 5, United States

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

100
1 Code, is amended by inserting after the item relating to
2 section 5332 the following:‘‘5332a. Special base rates of pay for asylum officers.’’.

3(c) EFFECTIVE DATE.—The amendments made by

4 this section shall take effect on the first day of the first
5 applicable pay period beginning 30 days after the date of
6 the enactment of this Act.
CHAPTER 2—HIRING WAIVERS

7
8

SEC. 3111. HIRING FLEXIBILITY.

9

Section 3 of the Anti-Border Corruption Act of 2010

10 (6 U.S.C. 221) is amended by striking subsection (b) and
11 inserting the following new subsections:
12‘‘(b) WAIVER AUTHORITY.—The Commissioner of

13 U.S. Customs and Border Protection may waive the appli14 cation of subsection (a)(1) in the following circumstances:15‘‘(1) In the case of a current, full-time law en-

16

forcement officer employed by a State or local law

17

enforcement agency, if such officer—

18‘‘(A) has served as a law enforcement offi-

19

cer for not fewer than three years with no20

break in service;21‘‘(B) is authorized by law to engage in or

22

supervise the prevention, detection, investiga-

23

tion, or prosecution of, or the incarceration of24

any person for, any violation of law, and has

25

statutory powers for arrest or apprehension;

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

101
1‘‘(C) is not currently under investigation,2

does not have disciplinary, misconduct, or de-3

rogatory records, has not been found to have4

engaged in a criminal offense or misconduct,

5

has not resigned from a law enforcement officer

6

position under investigation or in lieu of termi-

7nation, and has not been dismissed from a law

8

enforcement officer position; and9‘‘(D) has, within the past ten years, suc-10

cessfully completed a polygraph examination as

11

a condition of employment with such officer’s

12current law enforcement agency.

13‘‘(2) In the case of a current, full-time Federal

14

law enforcement officer, if such officer—

15‘‘(A) has served as a law enforcement offi-

16

cer for not fewer than three years with no17

break in service;

18‘‘(B) has authority to make arrests, con-19

duct investigations, conduct searches, make sei-

20

zures, carry firearms, and serve orders, war-

21

rants, and other processes;

22‘‘(C) is not currently under investigation,

23

does not have disciplinary, misconduct, or de-24

rogatory records, has not been found to have25

engaged in a criminal offense or misconduct,

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

102
1

has not resigned from a law enforcement officer

2

position under investigation or in lieu of termi-

3nation, and has not been dismissed from a law

4

enforcement officer position; and5‘‘(D) holds a current background investiga-

6tion, in accordance with current standards re-7quired for access to Top Secret or Top Secret/8

Sensitive Compartmented Information.

9‘‘(3) In the case of an individual who is a mem-10

ber of the Armed Forces (or a reserve component

11

thereof) or a veteran, if such individual—

1213‘‘(A) has served in the Armed Forces for
not fewer than three years;

14‘‘(B) holds, or has held within the past five15

years, Top Secret or Top Secret/Sensitive Com-

16

partmented Information clearance;

17‘‘(C) holds, or has undergone within the18

past five years, a current background investiga-

19

tion in accordance with current standards re-20

quired for access to Top Secret or Top Secret/21

Sensitive Compartmented Information;

22‘‘(D) received, or is eligible to receive, an23honorable discharge from service in the Armed

24

Forces, has not engaged in a criminal offense,25

has not committed a military offense under the

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

103
1

Uniform Code of Military Justice, and does not2have disciplinary, misconduct, or derogatory

3

records; and4‘‘(E) was not granted any waivers to ob-

5tain the clearance referred to subparagraph

6

(B).

7

‘‘(c) TERMINATION OF WAIVER AUTHORITY.—The8 authority to issue a waiver under subsection (b) shall ter9 minate on the date that is 3 years after the date of the
10 enactment of the Border Act.’’.
11

SEC. 3112. SUPPLEMENTAL COMMISSIONER AUTHORITY

12

AND DEFINITIONS.

13(a) SUPPLEMENTAL COMMISSIONER AUTHORITY.—

14 Section 4 of the Anti-Border Corruption Act of 2010
15 (Public Law 111–376) is amended to read as follows:
16‘‘SEC. 4. SUPPLEMENTAL COMMISSIONER AUTHORITY.

17‘‘(a) NON-EXEMPTION.—An individual who receives a

18 waiver under subsection (b) of section 3 is not exempt
19 from other hiring requirements relating to suitability for
20 employment and eligibility to hold a national security des21 ignated position, as determined by the Commissioner of
22 U.S. Customs and Border Protection.
23‘‘(b) BACKGROUND INVESTIGATIONS.—Any indi-

24 vidual who receives a waiver under subsection (b) of sec25 tion 3 who holds a background investigation in accordance

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

104
1 with current standards required for access to Top Secret2 or Top Secret/Sensitive Compartmented Information shall
3 be subject to an appropriate background investigation.
45‘‘(c) ADMINISTRATIONOFPOLYGRAPH EXAMINA-

TION.—The Commissioner of U.S. Customs and Border

6 Protection is authorized to administer a polygraph exam7 ination to an applicant or employee who is eligible for or
8 receives a waiver under subsection (b) of section 3 if infor9 mation is discovered prior to the completion of a back10 ground investigation that results in a determination that
11 a polygraph examination is necessary to make a final de12 termination regarding suitability for employment or con13 tinued employment, as the case may be.’’.
14(b) REPORT.—The Anti-Border Corruption Act of

15 2010 (Public Law 111–376; 124 Stat. 4104) is amended
16 by adding at the end the following new section:
17‘‘SEC. 5. REPORTING REQUIREMENTS.

18‘‘(a) ANNUAL REPORT.—Not later than one year

19 after the date of the enactment of this section, and annu20 ally thereafter for three years, the Commissioner of U.S.
21 Customs and Border Protection shall submit a report to
22 Congress that includes, with respect to the reporting pe23 riod—
24
25

February 4, 2024 (6:13 p.m.)‘‘(1) the number of waivers granted and denied
under section 3(b);U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

1051‘‘(2) the reasons for any denials of such waiver;2‘‘(3) the percentage of applicants who were3

hired after receiving a waiver;4‘‘(4) the number of instances that a polygraph5

was administered to an applicant who initially re-6

ceived a waiver and the results of such polygraph;7‘‘(5) an assessment of the current impact of the8polygraph waiver program on filling law enforcement

9

positions at U.S. Customs and Border Protection;

10‘‘(6) additional authorities needed by U.S. Cus-

11

toms and Border Protection to better utilize the12polygraph waiver program for its intended goals; and13‘‘(7) any disciplinary actions taken against law

14

enforcement officers hired under the waiver author-

15

ity authorized under section 3(b).

16‘‘(b) ADDITIONAL INFORMATION.—The first report

17 submitted under subsection (a) shall include—
18‘‘(1) an analysis of other methods of employ-

19

ment suitability tests that detect deception and could20

be used in conjunction with traditional background21

investigations to evaluate potential employees for

22

suitability; and23‘‘(2) a recommendation regarding whether a24test referred to in paragraph (1) should be adopted

25by U.S. Customs and Border Protection when the

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

106
1

polygraph examination requirement is waived pursu-

2

ant to section 3(b).’’.

3(c) GAO REPORT.—The Anti-Border Corruption Act

4 of 2010 (Public Law 111–376; 124 Stat. 4104), as
5 amended by subsection (b) of this section, is further
6 amended by adding at the end the following new section:
7‘‘SEC. 6. GAO REPORT.

8‘‘(a) IN GENERAL.—Not later than five years after

9 the date of the enactment of this section, and every five
10 years thereafter, the Comptroller General of the United
11 States shall—
12‘‘(1) conduct a review of the disciplinary, mis-

13

conduct, or derogatory records of all individuals

14

hired using the waiver authority under subsection

15(b) of section 3—

16‘‘(A) to determine the rates of disciplinary

17

actions taken against individuals hired using

18

such waiver authority, as compared to individ-

19

uals hired after passing the polygraph as re-20

quired under subsection (a) of that section; and21‘‘(B) to address any other issue relating to

22

discipline by U.S. Customs and Border Protec-

23tion; and24‘‘(2) submit to the Committee on Homeland Se-

25

curity and Governmental Affairs of the Senate andFebruary 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

107
1

the Committee on Homeland Security of the House

2

of Representatives a report that appropriately pro-3

tects sensitive information and describes the results

4of the review conducted under paragraph (1).

5‘‘(b) SUNSET.—The requirement under this section

6 shall terminate on the date on which the third report re7 quired by subsection (a) is submitted.’’.
8(d) DEFINITIONS.—The Anti-Border Corruption Act

9 of 2010 (Public Law 111–376; 124 Stat. 4104), as
10 amended by subsection (c) of this section, is further
11 amended by adding at the end the following new section:
12‘‘SEC. 7. DEFINITIONS.

13‘‘In this Act:

14
15
16
17

‘‘(1) CRIMINAL OFFENSE.—The term ‘criminal
offense’ means—‘‘(A) any felony punishable by a term of
imprisonment of more than one year; and18‘‘(B) any other crime for which an essen-

19tial element involves fraud, deceit, or misrepre-

20

sentation to obtain an advantage or to dis-21

advantage another.

22‘‘(2) FEDERAL LAW ENFORCEMENT OFFICER.—

23

The term ‘Federal law enforcement officer’ means a24‘law enforcement officer’, as defined in section

25

8331(20) or 8401(17) of title 5, United States Code.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

1081‘‘(3) MILITARY OFFENSE.—The term ‘military2

offense’ means—3‘‘(A) an offense for which—4‘‘(i) a member of the Armed Forces5

may be discharged or separated from serv-

6

ice in the Armed Forces; or7‘‘(ii) a punitive discharge is, or would

8

be, authorized for the same or a closely re-9lated offense under the Manual for Courts-

10

Martial, as pursuant to Army Regulation

11

635–200 chapter 14–12; and12‘‘(B) an action for which a member of the13

Armed Forces received a demotion in military

14

rank as punishment for a crime or wrongdoing,

15

imposed by a court martial or other authority.

16‘‘(4) VETERAN.—The term ‘veteran’ has the17meaning given such term in section 101(2) of title

18

38, United States Code.’’.

19 CHAPTER 3—ALTERNATIVES TO DETEN20TION IMPROVEMENTS AND TRAINING

21

FOR U.S. BORDER PATROL

22

SEC. 3121. ALTERNATIVES TO DETENTION IMPROVEMENTS.

23(a) CERTIFICATION.—Not later than 90 days after

24 the date of the enactment of this Act, the Director of U.S.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

109
1 Immigration and Customs Enforcement shall certify to the
2 appropriate committees of Congress that—3(1) with respect to the alternatives to detention

4

programs, U.S. Immigration and Customs Enforce-

5

ment’s processes that release aliens under any type6

of supervision, consistent and standard policies are7

in place across all U.S. Immigration and Customs

8

Enforcement field offices;9(2) the U.S. Immigration and Customs En-

10forcement’s alternatives to detention programs use

11

escalation and de-escalation techniques; and

12(3) reports on the use of, and policies with re-13

spect to, such escalation and de-escalation tech-

14

niques are provided to the public appropriately pro-15

tecting sensitive information.

16(b) ANNUAL POLICY REVIEW.—

17(1) IN GENERAL.—Not less frequently than an-

18

nually, the Director shall conduct a review of U.S.

19

Immigration and Customs Enforcement policies with20

respect to the alternatives to detention programs so

21

as to ensure standardization and evidence-based de-22cision making.

23(2) SUBMISSIONOF

POLICYREVIEWS.—Not

24

later than 14 days after the completion of each re-25view required by paragraph (1), the Director shall

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

1101submit to the appropriate committees of Congress a2report on the results of the review.

3(c) INDEPENDENT VERIFICATION

4AND

VALIDA-

TION.—Not less frequently than every 5 years, the Direc-

5 tor shall ensure that an independent verification and vali6 dation of U.S. Immigration and Customs Enforcement
7 policies with respect to the alternatives to detention pro8 grams is conducted.
9SEC. 3122. TRAINING FOR U.S. BORDER PATROL.

10(a) IN GENERAL.—The Commissioner of U.S. Cus-

11 toms and Border Protection shall require all U.S. Border
12 Patrol agents and other employees or contracted employ13 ees designated by the Commissioner to participate in an14 nual continuing training to maintain and update their un15 derstanding of—1617(1) Department of Homeland Security policies,
procedures, and guidelines;

18(2) the fundamentals of law (including the19

Fourth Amendment to the Constitution of the20

United States), ethics, and professional conduct;

21(3) applicable Federal law and regulations;22(4) applicable migration trends that the Com-

23
24
25

February 4, 2024 (6:13 p.m.)

missioner determines are relevant;(5) best practices for coordinating with community stakeholders;

U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

111
1(6) de-escalation training; and2(7) any other information the Commissioner de-3

termines to be relevant to active duty agents.

4(b)

TRAINING

SUBJECTS.—Continuing

training

5 under this section shall include training regarding—
6(1) the non-lethal use of force policies available

7

to U.S. Border Patrol agents and de-escalation

8

strategies and methods;

9(2) identifying, screening, and responding to10vulnerable populations, such as children, persons

11with diminished mental capacity, victims of human12

trafficking, pregnant mothers, victims of gender-

13

based violence, victims of torture or abuse, and the14

acutely ill;

15(3) trends in transnational criminal organiza-

16

tion activities that impact border security and mi-

17

gration;18(4) policies, strategies, and programs—

19(A) to protect due process, the civil,

20

human, and privacy rights of individuals, and21

the private property rights of land owners;

2223(B) to reduce the number of migrant andagent deaths; and24
25

February 4, 2024 (6:13 p.m.)(C) to improve the safety of agents on patrol;

U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

112
1(5) personal resilience;2(6) anti-corruption and officer ethics training;

3(7) current migration trends, including updated

4

cultural and societal issues of countries that are a5significant source of migrants who are—6
7(A) arriving to seek humanitarian protection; or

8(B) encountered at a United States inter-9

national boundary while attempting to enter

10

without inspection;

11(8) the impact of border security operations on

12

natural resources and the environment, including

13

strategies to limit the impact of border security op-

14

erations on natural resources and the environment;

15(9) relevant cultural, societal, racial, and reli-16

gious training, including cross-cultural communica-

17

tion skills;

18(10) training required under the Prison Rape

19

Elimination Act of 2003 (42 U.S.C. 15601 et seq.);20(11) risk management and safety training that21

includes agency protocols for ensuring public safety,

22

personal safety, and the safety of persons in the cus-23

tody of the Department of Homeland Security; andFebruary 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

113
1(12) any other training that meets the require-2

ments to maintain and update the subjects identified

3

in subsection (a).

4(c) COURSE REQUIREMENTS.—Courses offered under

5 this section—
6(1) shall be administered by U.S. Customs and

7

Border Protection; and8(2) shall be approved in advance by the Com-9

missioner of U.S. Customs and Border Protection to10

ensure that such courses satisfy the requirements for11

training under this section.

12(d) ASSESSMENT.—Not later than 2 years after the

13 date of the enactment of this Act, the Comptroller General
14 of the United States shall submit to the Committee on
15 Homeland Security and Governmental Affairs of the Sen16 ate and the Committee on Homeland Security of the
17 House of Representatives a report that assesses the train18 ing and education provided pursuant to this section, in19 cluding continuing education.
20

CHAPTER 4—MODERNIZING NOTICES TO

21

APPEAR

22

SEC. 3131. ELECTRONIC NOTICES TO APPEAR.

23

Section 239 of the Immigration and Nationality Act

24 (8 U.S.C. 1229) is amended—25

February 4, 2024 (6:13 p.m.)(1) in subsection (a)—

U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

114
1(A) in paragraph (1), in the matter pre-2

ceding subparagraph (A), by inserting ‘‘or, if

3elected by the alien in writing, by email or other4

electronic means to the extent feasible, if the5

alien, or the alien’s counsel of record, volun-

6tarily elects such service or otherwise accepts

7

service electronically’’ after ‘‘mail’’; and

8(B) in paragraph (2)(A), in the matter9

preceding clause (i), by inserting ‘‘or, if elected10

by the alien in writing, by email or other elec-

11

tronic means to the extent feasible, if the alien,

12or the alien’s counsel of record, voluntarily

13

elects such service or otherwise accepts service

14electronically’’ after ‘‘mail’’; and

15(2) in subsection (c)—16(A) by inserting ‘‘the alien, or to the17

alien’s counsel of record, at’’ after ‘‘delivery

18

to’’; and19(B) by inserting ‘‘, or to the email address

20

or other electronic address at which the alien

21

elected to receive notice under paragraph (1) or

22(2) of subsection (a)’’ before the period at the

23

end.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

115
1

SEC. 3132. AUTHORITY TO PREPARE AND ISSUE NOTICES

2TO APPEAR.

3

Section 239(a) of the Immigration and Nationality

4 Act (8 U.S.C. 1229(a)) is amended by adding at the end
5 the following:
6‘‘(4) AUTHORITY FOR CERTAIN PERSONNEL TO

7

SERVE NOTICES TO APPEAR.—Any mission support

8

personnel within U.S. Customs and Border Protec-

9tion or U.S. Immigration and Customs Enforcement

10

who reports directly to an immigration officer with

11

authority to issue a notice to appear, and who has

12received the necessary training to issue such a no-13

tice, shall be authorized to prepare a notice to ap-

14

pear under this section for review and issuance by

15

the immigration officer.’’.

17

Subtitle B—Asylum Processing at
the Border

18

SEC. 3141. PROVISIONAL NONCUSTODIAL REMOVAL PRO-

16

19

CEEDINGS.

20(a) IN GENERAL.—Chapter 4 of title II of the Immi-

21 gration and Nationality Act (8 U.S.C. 1221 et seq.) is
22 amended by inserting after section 235A the following:
23‘‘SEC. 235B. PROVISIONAL NONCUSTODIAL REMOVAL PRO-

24

CEEDINGS.

25‘‘(a) GENERAL RULES.—

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

1161‘‘(1) CIRCUMSTANCES WARRANTING NONCUSTO-

2

DIAL PROCEEDINGS.—The3

operational circumstances, may refer an alien appli-4

cant for admission for proceedings described in this5

section if the alien—

6

Secretary, based upon‘‘(A) indicates an intention to apply for a

7

protection determination; or

8‘‘(B) expresses a credible fear of persecu-

9tion (as defined in section 235(b)(1)(B)(v)) or

10

torture.

11‘‘(2) RELEASEFROMCUSTODY.—Aliens

re-

12

ferred for proceedings under this section shall be re-13leased from physical custody and processed in ac-

14

cordance with the procedures described in this sec-

15

tion.

16

‘‘(3) ALTERNATIVES TO DETENTION.—An adult17

alien, including a head of household, who has been18

referred for a proceeding under this section shall be

19supervised under the Alternatives to Detention pro-

20

gram of U.S. Immigration and Customs Enforce-

21

ment immediately upon release from physical cus-22

tody and continuing for the duration of such pro-23

ceeding.

24‘‘(4) FAMILY UNITY.—The Secretary shall en-25

sure, to the greatest extent practicable, that the re-February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

117
1

ferral of a family unit for proceedings under this2

section includes all members of such family unit who3

are traveling together.

45‘‘(5) EXCEPTIONS.—‘‘(A)UNACCOMPANIED

ALIEN

CHIL-

6

DREN.—The provisions under this section may

7

not be applied to unaccompanied alien children

8(as defined in section 462(g) of the Homeland

9

Security Act of 2002 (6 U.S.C. 279(g))).

10‘‘(B) APPLICABILITY LIMITATION.—

11‘‘(i) IN

GENERAL.—The

Secretary

12

shall only refer for proceedings under this13

section an alien described in clause (ii).

14‘‘(ii) ALIEN DESCRIBED.— An alien

15

described in this clause is an alien who—

16‘‘(I) has not affirmatively shown,17

to the satisfaction of an immigration

18

officer, that the alien has been phys-

19

ically present in the United States for20

more than the 14-day period imme-

21

diately prior to the date on which the22alien was encountered by U.S. Cus-

23

toms and Border Protection; andFebruary 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

118
1‘‘(II) was encountered within 100

2

air miles of the international land bor-

3

ders of the United States.

4‘‘(6) TIMING.—The provisional noncustodial re-5

moval proceedings described in this section shall6

conclude, to the maximum extent practicable, not7later than 90 days after the date the alien is in-8

spected and determined inadmissible.

9‘‘(b) PROCEDURES FOR PROVISIONAL NONCUSTO-

10

DIAL REMOVAL PROCEEDINGS.—

11‘‘(1) COMMENCEMENT.—

12‘‘(A) IN GENERAL.—Provisional noncusto-

13

dial removal proceedings shall commence under

14

this section with respect to an alien immediately

15

after the Secretary properly serves a notice of

16

removal proceedings on the alien.

17‘‘(B) 90-DAY

TIMEFRAME.—The90-day18

period under subsection (a)(6) with respect to19

an alien shall commence upon an inspection and20

inadmissibility determination of the alien.

21‘‘(2) SERVICE AND NOTICE OF INTERVIEW RE-

22

QUIREMENTS.—In

23

proceedings conducted under this section, the Sec-24

retary shall—

February 4, 2024 (6:13 p.m.)provisional noncustodial removal

U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

119
1‘‘(A) serve notice to the alien or, if per-2

sonal service is not practicable, to the alien’s

3

counsel of record;

4‘‘(B) ensure that such notice, to the max-

5

imum extent practicable, is in the alien’s native

6

language or in a language the alien under-

7

stands; and8‘‘(C) include in such notice—910‘‘(i) the nature of the proceedings
against the alien;

11
12‘‘(ii) the legal authority under whichsuch proceedings will be conducted; and13‘‘(iii) the charges against the alien

14

and the statutory provisions the alien is al-15

leged to have violated;

16‘‘(D) inform the alien of his or her obliga-

17

tion—

18

‘‘(i) to immediately provide (or have

19

provided) to the Secretary, in writing, the20

mailing address, contact information, email

21

address or other electronic address, and22

telephone number (if any), at which the23

alien may be contacted respecting the pro-24

ceeding under this section; andFebruary 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

120
1‘‘(ii) to provide to the Secretary, in2

writing, any change of the alien’s mailing3

address or telephone number shortly after4

any such change;

5‘‘(E) include in such notice—6‘‘(i) the time and place at which the7

proceeding under this section will be held,

8

which shall be communicated, to the extent

9practicable, before or during the alien’s re-10lease from physical custody; or11‘‘(ii) immediately after release, the12time and place of such proceeding, which

13

shall be provided not later than 10 days

14

before the scheduled protection determina-

15

tion interview and shall be considered

16

proper service of the commencement of

17

proceedings; and18‘‘(F) inform the alien of—

19‘‘(i) the consequences to which the20

alien would be subject pursuant to section

21

240(b)(5) if the alien fails to appear at

22such proceeding, absent exceptional cir-

23

cumstances;24‘‘(ii) the alien’s right to be rep-25

resented, at no expense to the Federal

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

121
1

Government, by any counsel or accredited2

representative selected by the alien who is3

authorized to represent an alien in such a

4

proceeding; and5‘‘(G) the information described in section

6

235(b)(1)(B)(iv)(II).

7‘‘(3) PROTECTION DETERMINATION.—

8‘‘(A) IN GENERAL.—To the maximum ex-

9tent practicable, within 90 days after the date10

on which an alien is referred for proceedings

11

under this section, an asylum officer shall con-12

duct a protection determination of such alien in

13

person or through a technology appropriate for

14

protection determinations.

15‘‘(B) ACCESS TO COUNSEL.—In any pro-16

ceeding under this section or section 240D be-

17fore U.S. Citizenship and Immigration Services

18

and in any appeal of the result of such a pro-19

ceeding, an alien shall have the privilege of20

being represented, at no expense to the Federal

21

Government, by counsel authorized to represent

22

an alien in such a proceeding.

23‘‘(C) PROCEDURES AND EVIDENCE.—The24

asylum officer may receive into evidence any

25oral or written statement that is material andFebruary 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

122
1

relevant to any matter in the protection deter-2mination. The testimony of the alien shall be

3

under oath or affirmation administered by the4asylum officer.

5

‘‘(D)

INTERPRETERS.—Whenever

nec-

6

essary, the asylum officer shall procure the as-7

sistance of an interpreter, to the maximum ex-

8tent practicable, in the alien’s native language

9or in a language the alien understands, during

10

any protection determination.

11‘‘(E) LOCATION.—

12‘‘(i) IN GENERAL.—Any protection de-13

termination authorized under this section

14

shall occur in—

1516‘‘(I) a U.S. Citizenship and Immigration Services office;17‘‘(II) a facility managed, leased,

18

or operated by U.S. Citizenship and

19

Immigration Services;20‘‘(III) any other location des-21

ignated by the Director of U.S. Citi-

22

zenship and Immigration Services; or23‘‘(IV) any other federally owned

24

February 4, 2024 (6:13 p.m.)or federally leased building that—U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

123
1‘‘(aa) the Director has au-

2

thorized or entered into a memo-

3

randum of agreement to be used4

for such purpose; and5‘‘(bb) meets the special rules

6

under clause (ii) and the min-7

imum requirements under clause

8(iii).

9
10‘‘(ii) SPECIAL RULES.—‘‘(I)

LOCATION.—A

protection

11

determination may not be conducted12

in a facility that is managed, leased,

13

owned, or operated by U.S. Immigra-

14

tion and Customs Enforcement or

15

U.S. Customs and Border Protection.

16‘‘(II) REASONABLE

TIME.—The

17

Secretary shall ensure that a protec-

18

tion determination is conducted dur-

19

ing a reasonable time of the day.

20‘‘(III) GEOGRAPHICAL

LIMITA-

21

TION.—The

22

that each protection determination for23

an alien is scheduled at a facility that24

is a reasonable distance from the cur-25

rent residence of such alien.

February 4, 2024 (6:13 p.m.)

Secretary shall ensure

U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

124
1‘‘(IV) PROTECTION

FOR

CHIL-

2

DREN.—In the case of a family unit,

3

the Secretary shall ensure that the4best interests of the child or children

5

are considered when conducting a pro-6

tection determination of the child’s

7family unit.

8‘‘(iii) MINIMUM LOCATION REQUIRE-

9MENT.—Each facility that the Director au-

10

thorizes to be used to conduct protection

11

determinations shall—

12

‘‘(I)

have

adequatesecurity13

measures to protect Federal employ-14

ees, aliens, and beneficiaries for bene-

15fits; and16‘‘(II) ensure the best interests of17

the child or children are prioritized18

pursuant to clause (ii)(IV) if such

19

children are present at the protection

20

determination.

21‘‘(F) WRITTEN RECORD.—The asylum offi-

22

cer shall prepare a written record of each pro-23

tection determination, which—February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

1251‘‘(i) shall be provided to the alien, or2

to the alien’s counsel of record, upon a de-3

cision; and4‘‘(ii) shall include—56‘‘(I) a summary of the material
facts stated by the alien;

78‘‘(II) any additional facts relied
upon by the asylum officer;

9‘‘(III) the asylum officer’s anal-

10

ysis of why, in the light of the facts

11

referred to in subclauses (I) and (II),12

the alien has or has not established a13

positive or negative outcome from the

14

protection determination; and15‘‘(IV) a copy of the asylum offi-

16

cer’s interview notes.

17‘‘(G) RESCHEDULING.—

18‘‘(i) IN

GENERAL.—The

Secretary

19

shall promulgate regulations that permit

20

an alien to reschedule a protection deter-

21

mination in the event of exceptional cir-

22

cumstances.

23‘‘(ii)

24

TION.—If

25

the request of an alien, the period between

February 4, 2024 (6:13 p.m.)

TOLLINGOF

TIME

LIMITA-an interview is rescheduled at

U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

126
1

the date on which the protection deter-2mination was originally scheduled and the3date of the rescheduled interview shall not4

count toward the 90-day period referred to5

in subsection (a)(6).

6‘‘(H) WITHDRAWAL OF APPLICATION, VOL-

7

UNTARY DEPARTURE, AND VOLUNTARY REPA-

8

TRIATION.—

9‘‘(i) VOLUNTARYDEPARTURE.—The

10

Secretary may permit an alien to volun-

11

tarily depart in accordance with section

12

240E.

13

‘‘(ii)WITHDRAWALOF

APPLICA-

14

TION.—The Secretary may permit an alien,

15

at any time before the protection merits

16

interview, to withdraw his or her applica-

17

tion and depart immediately from the18

United States in accordance with section

19

240F.

20

‘‘(iii) VOLUNTARYREPATRIATION.—

21

The Secretary may permit an alien to vol-22

untarily repatriate in accordance with sec-

23

tion 240G.

24

‘‘(I)

25

February 4, 2024 (6:13 p.m.)

CONVERSIONTO

CEEDINGS UNDER SECTIONREMOVALPRO-

240.—The asylum

U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

127
1

officer or immigration officer may refer or place2

an alien into removal proceedings under section

3

240 by issuing a notice to appear for the pur-4

pose of initiating such proceedings if either

5such officer determines that—

6‘‘(i) such proceedings are required in

7

order to permit the alien to seek an immi-

8

gration benefit for which the alien is le-

9gally entitled to apply; and10‘‘(ii) such application requires such

11

alien to be placed in, or referred to pro-12

ceedings under section 240 that are not13

available to such alien under this section.

14‘‘(J) PROTECTION OF INFORMATION.—

15‘‘(i) SENSITIVE

OR

LAW

ENFORCE-

16

MENT INFORMATION.—Nothing in this sec-

17

tion may be construed to compel any em-

18ployee of the Department of Homeland Se-

19

curity to disclose any information that is20

otherwise protected from disclosure by law.

21‘‘(ii) PROTECTION OF CERTAIN INFOR-

22

MATION.—Before providing the record de-23

scribed in subparagraph (F) to the alien or24

to the alien’s counsel of record, the Direc-

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

128
1

tor shall protect any information that is2

prohibited by law from being disclosed.

3‘‘(c) PROTECTION DETERMINATION.—

4‘‘(1) IDENTITY VERIFICATION.—The Secretary5

may not conduct the protection determination with6

respect to an alien until the identity of the alien has

7been checked against all appropriate records and8

databases maintained by the Attorney General, the9Secretary of State, or the Secretary.

10‘‘(2) IN GENERAL.—

11‘‘(A) ELIGIBILITY.—Upon the establishing12

the identity of an alien pursuant to paragraph

13(1), the asylum officer shall conduct a protec-

14tion determination in a location selected in ac-

15

cordance with this section.

16‘‘(B) OUTCOME.—

17‘‘(i) POSITIVEPROTECTION

DETER-

18

MINATION OUTCOME.—If the protection de-19

termination conducted pursuant to sub-20

paragraph (A) results in a positive protec-

21

tion determination outcome, the alien shall22

be referred to protection merits removal

23

proceedings in accordance with the proce-24

dures described in paragraph (4).

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

129
1‘‘(ii) NEGATIVE PROTECTION DETER-

2

MINATION OUTCOME.—If

3

determination results in a negative protec-

4tion determination outcome, the alien shall5

be subject to the process described in sub-6

section (d).

7‘‘(3) RECORD.—

such protection

8‘‘(A) USE OF RECORD.—In each protection

9

determination, or any review of such determina-

10tion, the record of the alien’s protection deter-

11

mination required under subsection (b)(3)(F)12

shall constitute the underlying application for13

the alien’s application for asylum, withholding

14

of removal under section 241(b)(3), or protec-

15tion under the Convention Against Torture for16

purposes of the protection merits interview.

17‘‘(B) DATEOFFILING.—Thedate on18

which the Secretary issues a notification of a19

positive protection determination pursuant to20

paragraph (2)(B)(i) shall be considered, for all

21

purposes, the date of filing and the date of re-22

ceipt of the alien’s application for asylum, with-23

holding of removal under section 241(b)(3), or

24

protection under the Convention Against Tor-25

ture, as applicable.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

130
1
2
3
4

‘‘(4) REFERRAL FOR PROTECTION MERITS REMOVAL PROCEEDINGS.—‘‘(A) IN GENERAL.—If the alien receives a
positive protection determination—5‘‘(i) the alien shall be issued employ-

6

ment authorization pursuant to section

7

235C; and8‘‘(ii) subject to paragraph (5), the9asylum officer shall refer the alien for pro-10

tection merits removal proceedings de-11

scribed in section 240D.

12‘‘(B) NOTIFICATIONS.—As soon as prac-

13

ticable after a positive protection determination,

14

the Secretary shall—

15‘‘(i) issue a written notification to the16

alien of the outcome of such determination;

17‘‘(ii) include all of the information de-18

scribed in subsection (b)(2); and19‘‘(iii) ensure that such notification20

and information concerning the procedures

21

under section 240D, shall be made, at a22

minimum, not later than 30 days before

23

the date on which the required protection

24

merits interview under section 240D oc-

25

curs.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

131
1
2
3

‘‘(5) AUTHORITY TO GRANT RELIEF OR PROTECTION.—‘‘(A) IN

GENERAL.—If

an alien dem-

4

onstrates, by clear and convincing evidence,

5

that the alien is eligible for asylum, withholding

6

of removal under section 241(b)(3), or protec-

7tion under the Convention Against Torture dur-

8

ing the protection determination, the asylum of-9ficer, subject to the procedures under subpara-

10

graph (B), may grant an application for such

11

relief or protection submitted by such alien

12

without referring the alien to protection merits

13

removal proceedings under section 240D.

14‘‘(B) SUPERVISORY REVIEW.—

15‘‘(i) IN

GENERAL.—An

application

16

granted by an asylum officer under sub-17

paragraph (A) shall be reviewed by a su-

18pervisory asylum officer to determine

19

whether such grant is warranted.

20‘‘(ii) LIMITATION.—A decision by an21

asylum officer to grant an application

22

under subparagraph (A) shall not be final,

23

and the alien shall not be notified of such

24

decision, unless a supervisory asylum offi-

25

cer first determines, based on the review

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

132
1

conducted pursuant to clause (i), that such2

a grant is warranted.

3‘‘(iii) EFFECT OF APPROVAL.—If the

4supervisor determines that granting an

5alien’s application for relief or protection is

6

warranted—

78‘‘(I) such application shall be approved; and9‘‘(II) the alien shall receive writ-10

ten notification of such decision as

11soon as practicable.

12‘‘(iv) EFFECT OF NON-APPROVAL.—If

13

the supervisor determines that the grant is

14

not warranted, the alien shall be referred15

for protection merits removal proceedings

16

under section 240D.

17‘‘(C) SPECIAL

18

RULES.—Notwithstanding

any other provision of law—19‘‘(i) if an alien’s application for asy-

20

lum is approved pursuant to subparagraph

21(B)(iii), the asylum officer may not issue

22

an order of removal; and23‘‘(ii) if an alien’s application for with-24

holding of removal under section 241(b)(3)25

or for withholding or deferral of removal

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

133
1

under the Convention Against Torture is2

approved

3(B)(iii), the asylum officer shall issue a4

corresponding order of removal.

5‘‘(D) BIANNUAL

pursuanttosubparagraph

REPORT.—The

Director

6

shall submit a biannual report to the relevant

7committees of Congress that includes, for the8

relevant period—

9‘‘(i) the number of cases described in

10

subparagraph (A) that were referred to a

11

supervisor pursuant to subparagraph (B),12

disaggregated by asylum office;13‘‘(ii) the number of cases described in

14clause (i) that were approved subsequent15

to the referral to a supervisor pursuant to

16

subparagraph (B);17‘‘(iii) the number of cases described in

18

clause (i) that were not approved subse-

19

quent to the referral to a supervisor pursu-

20

ant to subparagraph (B);21‘‘(iv) a summary of the benefits for22

which any aliens described in subpara-

23

graph (A) were considered amenable and24

whose cases were referred to a supervisor

25

pursuant

February 4, 2024 (6:13 p.m.)tosubparagraph(B),

U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

134
1

disaggregated by case outcome referred to2

in clauses (ii) and (iii);

3‘‘(v) a description of any anomalous

4

case outcomes for aliens described in sub-5

paragraph (A) whose cases were referred6

to a supervisor pursuant subparagraph

7(B); and8‘‘(vi) a description of any actions

9

taken to remedy the anomalous case out-

10

comes referred to in clause (v).

11‘‘(E) PROTECTION OF PERSONALLY IDEN-

12

TIFIABLE INFORMATION.—In preparing each re-13

port pursuant to subparagraph (D), the Direc-

14

tor shall—

15‘‘(i) protect any personally identifiable

16

information associated with aliens de-17

scribed in subparagraph (A); and18
19‘‘(ii) comply with all applicable privacy laws.

20‘‘(6) EMPLOYMENT AUTHORIZATION.—An alien

21

whose application for relief or protection has been

22

approved by a supervisor pursuant to paragraph

23(5)(B) shall be issued employment authorization

24

under section 235C.

25‘‘(d) NEGATIVE PROTECTION DETERMINATION.—

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

1351‘‘(1) IN GENERAL.—If an alien receives a nega-

2

tive protection determination, the asylum officer

3

shall—

4
5‘‘(A) provide such alien with written notification of such determination; and6‘‘(B) subject to paragraph (2), order the7

alien removed from the United States without

8

hearing or review.

9‘‘(2) OPPORTUNITY TO REQUEST RECONSIDER-

10ATION OR APPEAL.—The Secretary shall notify any

11alien described in paragraph (1) immediately after

12

receiving notification of a negative protection deter-

13

mination under this subsection that he or she—

14‘‘(A) may request reconsideration of such

15

determination in accordance with paragraph16(3); and

17‘‘(B) may request administrative review of18such protection determination decision in ac-

19

cordance with paragraph (4).

20‘‘(3) REQUEST FOR RECONSIDERATION.—

21‘‘(A) IN GENERAL.—Any alien with respect

22

to whom a negative protection determination

23

has been made may submit a request for recon-

24sideration to U.S. Citizenship and Immigration

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

136
1

Services not later than 5 days after such deter-2mination.

3‘‘(B) DECISION.—The Director, or des-4

ignee, in the Director’s unreviewable discretion,

5

may grant or deny a request for reconsideration

6

made pursuant to subparagraph (A), which de-7cision shall not be subject to review.

8‘‘(4) ADMINISTRATIVE REVIEW.—

9‘‘(A) IN GENERAL.—Except as provided in

10

subparagraph (B), the administrative review of

11

a protection determination with respect to an

12

alien under this subsection shall be based on

13

the record before the asylum officer at the time

14

at which such protection determination was

15

made.

16

‘‘(B) EXCEPTION.—An alien referred to in

17

subparagraph (A), or the alien’s counsel of18

record, may submit such additional evidence or19testimony in accordance with such policies and20

procedures as the Secretary may prescribe.

21‘‘(C) REVIEW.—Each review described in

22

subparagraph (A) shall be conducted by the23

Protection Appellate Board.

24‘‘(D) STANDARD OF REVIEW.—In accord-

25

ance with the procedures prescribed by the Sec-

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

137
1

retary, the Protection Appellate Board, upon2

the request of an alien, or the alien’s counsel of3

record, shall conduct a de novo review of the4

record of the protection determination carried5

out pursuant to this section with respect to the6alien.

7‘‘(E) DETERMINATION.—

8‘‘(i) TIMING.—The Protection Appel-

9late Board shall complete a review under

10

this paragraph, to the maximum extent

11

practicable, not later than 72 hours after

12

receiving a request from an alien pursuant

13

to subparagraph (D).

14‘‘(ii) EFFECTOF POSITIVE DETER-

15MINATION.—If,

16

under this paragraph, the Protection Ap-

17

pellate Board determines that an alien has

18

a positive protection determination, the19alien shall be referred for protection merits

20

removal proceedings under section 240D.

21

after conducting a review‘‘(iii) EFFECT OF NEGATIVE DETER-

22

MINATION.—If,

23

under this paragraph, the Protection Ap-

24

pellate Board determines that an alien has

25

a negative protection determination, theFebruary 4, 2024 (6:13 p.m.)after conducting a review

U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

138
1

alien shall be ordered removed from the2

United States without additional review.

3‘‘(5) JURISDICTIONAL MATTERS.—In any action

4

brought against an alien under section 275(a) or

5276, the court shall not have jurisdiction to hear any

6claim attacking the validity of an order of removal

7

entered pursuant to subsection (c)(5)(C)(ii).

8‘‘(e) SERVICE OF PROTECTION DETERMINATION DE-

9CISION.—

10
11

‘‘(1)

PROTECTION

DETERMINATIONDECI-

SION.—

12‘‘(A) IN GENERAL.—Upon reaching a deci-

13

sion regarding a protection determination, the14

Secretary shall—

15‘‘(i) immediately notify the alien, and16

the alien’s counsel of record, if applicable,

17

that a determination decision has been18

made; and19‘‘(ii) schedule the service of the pro-20

tection determination decision, which shall21

take place, to the maximum extent prac-

22

ticable, not later than 5 days after such

23

notification.

24‘‘(B) SPECIAL RULES.—

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

1391‘‘(i) LOCATION.—Each service of a2

protection determination decision sched-3

uled pursuant to subparagraph (A)(ii) may

4

occur at—56‘‘(I) a U.S. Immigration andCustoms Enforcement facility;

7‘‘(II) an Immigration Court; or8‘‘(III) any other federally owned

9or federally leased building that—10‘‘(aa) the Secretary has au-

11

thorized or entered into a memo-

12

randum of agreement to be used

13

for such purpose; and14‘‘(bb) meets the minimum

15

requirements under this subpara-

16

graph.

17‘‘(ii) MINIMUMREQUIREMENTS.—In

18

conducting each service of a protection de-19

termination decision, the Director shall en-

20

sure compliance with the requirements set

21

forth in clauses (ii)(II), (ii)(III), (ii)(IV),22

and (iii) of subsection (b)(3)(E).

23
24

February 4, 2024 (6:13 p.m.)‘‘(2) PROCEDURES FOR SERVICE OF PROTECTION DETERMINATION DECISIONS.—U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

140
1‘‘(A) WRITTEN DECISION.—The Secretary2

shall ensure that each alien and the alien’s

3

counsel of record, if applicable, attending a de-4

termination decision receives a written decision

5

that includes, at a minimum, the articulated

6basis for the denial of the protection benefit

7sought by the alien.

8‘‘(B) LANGUAGE ACCESS.—The Secretary

9shall ensure that each written decision required

10

under subparagraph (A) is delivered to the alien

11

in—

12
13
14

‘‘(i) the alien’s native language, to the
maximum extent practicable; or‘‘(ii) another language the alien un-

15

derstands.

16‘‘(C) ACCESS TO COUNSEL.—An alien who

17

has obtained the services of counsel shall be

18

represented by such counsel, at no expense to19

the Federal Government, at the service of the

20

protection determination. Nothing in this sub-21

paragraph may be construed to create a sub-22

stantive due process right or to unreasonably

23

delay the scheduling of the service of the pro-24

tection determination.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

141
1‘‘(D) ASYLUM OFFICER.—A protection de-2termination decision may only be served by an

3asylum officer.

4‘‘(E) PROTECTIONS FOR ASYLUM OFFICER

5DECISIONS BASED ON THE MERITS OF THE

6

CASE.—The Secretary may not impose restric-

7

tions on an asylum officer’s ability to grant or

8deny relief sought by an alien in a protection

9

determination or protection merits interview

10

based on a numerical limitation.

11

‘‘(3)

12

TION.—NEGATIVE

PROTECTION

DETERMINA-

13‘‘(A) ADVISEMENT OF RIGHTS AND OPPOR-14

TUNITIES.—If an alien receives a negative pro-15

tection determination decision, the asylum offi-

16

cer shall—

17‘‘(i) advise the alien if an alternative

18

option of return is available to the alien,

19

including—20‘‘(I) voluntary departure;

21‘‘(II) withdrawal of the alien’s

22

application for admission; or23‘‘(III) voluntary repatriation; and24‘‘(ii) provide written or verbal infor-

25

mation to the alien regarding the process,February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

142
1

procedures, and timelines for appealing

2such denial, to the maximum extent prac-3

ticable, in the alien’s native language, or in4

a language the alien understands.

5‘‘(4) PROTECTION FOR CHILDREN.—In the case6of a family unit, the Secretary shall ensure that the7best interests of the child or children are considered8

when conducting a protection determination of the9child’s family unit.

10‘‘(5) FINAL ORDER OF REMOVAL.—If an alien

11

receives a negative protection determination decision,

12

an alien shall be removed in accordance with section

13

241 upon a final order of removal.

14‘‘(f) FAILURE TO CONDUCT PROTECTION DETER-

15MINATION.—

16‘‘(1) IN GENERAL.—If the Secretary fails to

17

conduct a protection determination for an alien dur-18

ing the 90-day period set forth in subsection

19(b)(3)(A), such alien shall be referred for protection

20

merits removal proceedings in accordance with

21

240D.

22
23

‘‘(2) NOTICE OF PROTECTION MERITS INTERVIEW.—

24‘‘(A) IN GENERAL.—If an alien is referred25

for protection merits removal proceedings pur-February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

143
1

suant to paragraph (1), the Secretary shall2

properly file with U.S. Citizenship and Immi-

3gration Services and serve upon the alien, or4

the alien’s counsel of record, a notice of a pro-5

tection merits interview, in accordance with

6

subsection (b)(2).

7‘‘(B) CONTENTS.—Each notice of protec-

8tion merits interview served pursuant to sub-9

paragraph (A)—

10
11
12

‘‘(i) shall include each element described in subsection (b)(2); and‘‘(ii) shall—

13‘‘(I) inform the alien that an ap-

14

plication for protection relief shall be

15submitted to the Secretary not later

16

than 30 days before the date on which17

the alien’s protection merits interview

18

is scheduled;

19‘‘(II) inform the alien that he or

20

she shall receive employment author-

21

ization, pursuant to section 235C, not22later than 30 days after filing the ap-

23

plication required under subclause (I);24‘‘(III) inform the alien that he or

25

she may submit evidence into the

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

144
1

record not later than 30 days before2

the date on which the alien’s protec-

3tion merits interview is scheduled;

4‘‘(IV) describe—5‘‘(aa) the penalties resulting

6

from the alien’s failure to file the7application required under sub-8

clause (I); and9‘‘(bb) the terms and condi-

10

tions for redressing such failure

11

to file; and12‘‘(V) describe the penalties re-13

sulting from the alien’s failure to ap-

14

pear for a scheduled protection merits

15

interview.

16‘‘(3) DATE OF FILING.—The date on which an

17

application for protection relief is received by the18

Secretary shall be considered the date of filing and19

receipt for all purposes.

20‘‘(4) EFFECT OF FAILURE TO FILE.—

21‘‘(A) IN GENERAL.—Failure to timely file22

an application for protection relief under this23

subsection will result in an order of removal,

24

absent exceptional circumstances.

25

February 4, 2024 (6:13 p.m.)‘‘(B) OPPORTUNITY FOR REDRESS.—U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

1451‘‘(i) IN

GENERAL.—The

Secretary

2

shall promulgate regulations authorizing a3

15-day opportunity for redress to file an4application for protection relief if there are5

exceptional circumstances regarding the6alien’s failure to timely file an application

7

for protection relief.

89‘‘(ii) CONTENTS.—Each application
submitted pursuant to clause (i) shall—

1011‘‘(I) describe the basis for such
request;12
13‘‘(II) include supporting evidence;and

14‘‘(III) identify the exceptional

15

circumstances that led to the alien’s

16

failure to file the application for pro-17

tection relief in a timely manner.

18‘‘(C) DECISION .—In evaluating a request

19

for redress submitted pursuant to subparagraph20(B)(i), the Director, or designee—21‘‘(i) shall determine whether such re-22quest rises to the level of exceptional cir-

23

cumstances; and24
25

February 4, 2024 (6:13 p.m.)‘‘(ii) may schedule a protection determination interview.

U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

146
1‘‘(5) EMPLOYMENT AUTHORIZATION.—

2‘‘(A) IN GENERAL.—Employment author-

3

ization shall be provided to aliens described in4

this subsection in accordance with section

5

235C.

6

‘‘(B) REVOCATION.—The Secretary may

7

revoke the employment authorization provided

8

to any alien processed under this section or sec-

9tion 240D if such alien—

10‘‘(i) has obtained authorization for

11

employment pursuant to the procedures

12

described in section 235C; and13‘‘(ii) absent exceptional circumstances,14

subsequently fails to appear for a protec-

15tion determination under subsection (b)(3)16or a protection merits interview under17

240D(c)(3).

18‘‘(g) FAILURE TO APPEAR.—

19‘‘(1) PROTECTION

MERITSINTERVIEW.—The20

provisions of section 240(b)(5) shall apply to pro-21

ceedings under this section.

2223‘‘(2) OPPORTUNITY TO REDRESS.—‘‘(A) IN

GENERAL.—Notlater than 15

24days after the date on which an alien fails to25

appear for a scheduled protection determination

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

147
1

or protection merits interview, the alien may

2submit a written request for a rescheduled pro-3

tection determination or protection merits inter-

4

view.

5
6
7
8

‘‘(B) CONTENTS.—Each request submitted
pursuant to subparagraph (A) shall—‘‘(i) describe the basis for such request;

9‘‘(ii) include supporting evidence; and10‘‘(iii) identify the exceptional cir-

11

cumstances that led to the alien’s failure to12

appear.

13‘‘(C) DECISION.—In evaluating a request

14

submitted pursuant to subparagraph (A), the15

Director, or designee shall determine whether

16

the evidence included in such request rises to17

the level of exceptional circumstances. Such de-18

cision shall not be reviewable.

19‘‘(h) RULEMAKING.—

20‘‘(1) IN GENERAL.—The Secretary may promul-

21

gate such regulations as are necessary to implement

22

this section in compliance with the requirements of23

section 553 of title 5, United States Code.

24
25

February 4, 2024 (6:13 p.m.)‘‘(2) INITIAL

IMPLEMENTATION.—Until

thedate that is 180 days after the date of the enact-U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

148
1ment of this section, the Secretary may issue any in-2

terim final rules necessary to implement this section

3

without having to satisfy the requirements of section

4553(b)(B) of title 5, United States Code, provided

5

that any such interim final rules shall include a 30-

6

day post promulgation notice and comment period

7

prior to finalization in the Federal Register.

8‘‘(3) REQUIREMENT.—All regulations promul-

9

gated to implement this section beginning on the

10date that is 180 days after the date of the enact-

11

ment of this section, shall be issued pursuant to the12requirements set forth in section 553 of title 5,

13

United States Code.

14‘‘(i) SAVINGS PROVISIONS.—

15‘‘(1) EXPEDITED REMOVAL.—Nothing in this16

section may be construed to expand or restrict the17

Secretary’s discretion to carry out expedited remov-18

als pursuant to section 235 to the extent authorized

19

by law. The Secretary shall not refer or place an

20

alien in proceedings under section 235 if the alien

21

has already been placed in or referred to proceedings

22

under this section or section 240D.

23‘‘(2) DETENTION.—Nothing in this section may

24

be construed to affect the authority of the Secretary

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

149
1

to detain an alien released pursuant to this section

2

if otherwise authorized by law.

34‘‘(3) SETTLEMENT AGREEMENTS.—Nothing inthis section may be construed—

5‘‘(A) to expand or restrict any settlement6agreement in effect as of the date of the enact-

7

ment of this section; or

8‘‘(B) to abrogate any provision of the stip-

9

ulated settlement agreement in Reno v. Flores,

10

as filed in the United States District Court for11

the Central District of California on January

1217, 1997 (CV–85–4544–RJK), including all

13

subsequent court decisions, orders, agreements,

14

and stipulations.

15

‘‘(4)

IMPACTONOTHER

REMOVALPRO-

16

CEEDINGS.—The provisions of this section may not17

be interpreted to apply to any other form of removal

18

proceedings.

19‘‘(5) SPECIAL RULE.—For aliens who are na-

20

tives or citizens of Cuba released pursuant to this21

section and who are otherwise eligible for adjust-22

ment of status under the first section of Public Law

23

89–732 (8 U.S.C. 1255 note) (commonly known as24

the ‘Cuban Adjustment Act’), the requirement that25

an alien has been inspected and admitted or paroled

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

150
1

into the United States shall not apply. Aliens who2

are natives or citizens of Cuba or Haiti and have3

been released pursuant to section 240 (8 U.S.C.

41229) shall be considered to be individuals described5

in section 501(e)(1) of the Refugee Education As-

6sistance Act of 1980 (8 U.S.C. 1522 note).

7‘‘(6) REVIEWOFPROTECTION

DETERMINA-

8TIONS.—Except for reviews of constitutional claims,

9

no court shall have jurisdiction to review a protec-

10tion determination issued by U.S. Citizenship and

11

Immigration Services under this section.

12‘‘(7) FINAL REMOVAL ORDERS.—No court shall13

have jurisdiction to review a final order of removal

14

issued under this section.

15‘‘(j) JUDICIAL REVIEW.—Notwithstanding any other16 provision of this Act, judicial review of any decision or ac17 tion in this section shall be governed only by the United
18 States District Court for the District of Columbia, which
19 shall have sole and original jurisdiction to hear challenges,
20 whether constitutional or otherwise, to the validity of this
21 section or any written policy directive, written policy
22 guideline, written procedure, or the implementation there23 of, issued by or under the authority of the Secretary to
24 implement this section.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

151
1

‘‘(k)

REPORTSONASYLUM

OFFICERGRANT

2 RATES.—3‘‘(1) PUBLICATION OF ANNUAL REPORT.—Not

4

later than 1 year after the date of the enactment of5

the Border Act, and annually thereafter, the Direc-

6

tor of U.S. Citizenship and Immigration Services

7

shall publish a report, on a publicly accessible

8

website of U.S. Citizenship and Immigration Serv-

9ices, which includes, for the reporting period—

1011‘‘(A) the number of protection determinations that were approved or denied; and12‘‘(B) a description of any anomalous inci-

13

dents identified by the Director, including any

14

action taken by the Director to address such an

15

incident.

16‘‘(2) SEMIANNUAL REPORT TO CONGRESS.—

17‘‘(A) IN

GENERAL.—Notless frequently

18

than twice each year, the Director of U.S. Citi-

19

zenship and Immigration Services shall submit

20

a report to the relevant committees of Congress

21

that includes, for the preceding reporting pe-22

riod, and aggregated for the applicable calendar

23

year—

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

1521‘‘(i) the number of cases in which a2

protection determination or protection mer-3

its interview has been completed; and4‘‘(ii) for each asylum office or duty

5station to which more than 20 asylum offi-

6

cers are assigned—7‘‘(I) the median percentage of8

positive determinations and protection

9

merits interviews in the cases de-10

scribed in clause (i);11‘‘(II) the mean percentage of

12negative determinations and protec-

13tion merits interviews in such cases;

14

and

15

‘‘(III) the number of cases de-16

scribed in subsection (c)(5) in which

17

an alien was referred to a supervisor

18

after demonstrating, by clear and con-19

vincing evidence, eligibility for asylum,

20

withholding of removal, or protection

21

under the Convention Against Tor-22

ture, disaggregated by benefit type;23‘‘(IV) the number of cases de-24

scribed in clause (i) that were ap-

25

proved by a supervisor; andFebruary 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

153
1‘‘(V) the number of cases de-2

scribed in clause (i) that were not ap-

3

proved by a supervisor.

4‘‘(B) PRESENTATION OF DATA.—The in-5formation described in subparagraph (A) shall6

be provided in the format of aggregate totals by

7

office or duty station.

8‘‘(l) DEFINITIONS.—In this section:

9‘‘(1) APPLICATION FOR PROTECTION RELIEF.—

10

The term ‘application for protection relief’ means

11

any request, application or petition authorized by

12

the Secretary for asylum, withholding of removal, or

13

protection under the Convention Against Torture.

14‘‘(2) ASYLUM OFFICER.—The term ‘asylum offi-

15

cer’ has the meaning given such term in section

16

235(b)(1)(E).

17‘‘(3) CONVENTIONAGAINSTTORTURE.—The

18

term ‘Convention Against Torture’ means the19

United Nations Convention Against Torture and20

Other Cruel, Inhuman or Degrading Treatment or

21

Punishment, done at New York December 10, 1984,22

including any implementing regulations.

23‘‘(4) DIRECTOR.—The term ‘Director’ means

24

the Director of U.S. Citizenship and Immigration

25

Services.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

154
1

‘‘(5)

EXCEPTIONALCIRCUMSTANCES.—The2

term ‘exceptional circumstances’ has the meaning

3

given such term in section 240(e)(1).

4‘‘(6) FINAL ORDER OF REMOVAL.—The term

5

‘final order of removal’ means an order of removal

6

made by an asylum officer at the conclusion of a

7

protection determination, and any appeal of such

8order, as applicable.

9‘‘(7) PROTECTIONAPPELLATEBOARD.—The10

term ‘Protection Appellate Board’ means the Protec-

11tion Appellate Board established under section 463

12of the Homeland Security Act of 2002.

13

‘‘(8)

PROTECTION

DETERMINATION

DECI-

14

SION.—The term ‘protection determination decision’

15

means the service of a negative or positive protection

16

determination outcome.

17‘‘(9) RELEVANT COMMITTEES OF CONGRESS.—18

The term ‘relevant committees of Congress’ means—

19‘‘(A) the Committee on Homeland Security

20
21
22
23
24

February 4, 2024 (6:13 p.m.)and Governmental Affairs of the Senate;‘‘(B) the Committee on the Judiciary of
the Senate;‘‘(C) the Committee on Appropriations of
the Senate;U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

155
1‘‘(D) the Committee on Homeland Security

2of the House of Representatives;

3‘‘(E) the Committee on the Judiciary of4

the House of Representatives;

5‘‘(F) the Committee on Appropriations of

6

the House of Representatives; and7‘‘(G) the Committee on Oversight and Ac-

8countability of the House of Representatives.

9‘‘(10)SECRETARY.—The

term‘Secretary’

10means the Secretary of Homeland Security.’’.

11(b) CLERICAL AMENDMENT.—The table of contents

12 of the Immigration and Nationality Act (8 U.S.C. 1101
13 note) is amended by inserting after the item relating to
14 section 235A the following:‘‘Sec. 235B. Provisional noncustodial removal proceedings.’’.

15

SEC. 3142. PROTECTION MERITS REMOVAL PROCEEDINGS.

16(a) IN GENERAL.—Chapter 4 of title II of the Immi-

17 gration and Nationality Act (8 U.S.C. 1221 et seq.) is
18 amended by inserting after section 240C the following:
19‘‘SEC. 240D. PROTECTION MERITS REMOVAL PROCEEDINGS.

20‘‘(a) COMMENCEMENT OF PROCEEDINGS.—Removal

21 proceedings under this section shall commence imme22 diately after the Secretary properly serves notice on an
23 alien who was—24‘‘(1) processed under section 235B and referred25

under subsection (c)(4) of that section after having

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

156
1

been issued a notice of a positive protection deter-2mination under such subsection; or34‘‘(2) referred under section 235B(f).
‘‘(b) DURATION OF PROCEEDINGS.—To the max-

5 imum extent practicable, proceedings under this section
6 shall conclude not later than 90 days after the date on
7 which such proceedings commence.
8‘‘(c) PROCEDURES.—

9‘‘(1) SERVICE AND NOTICE REQUIREMENTS.—

10

Upon the commencement of proceedings under this11

section, the Secretary shall provide notice of removal

12

proceedings to the alien, or if personal service is not

13

practicable, to the alien’s counsel of record. Such no-14

tice shall be provided, to the maximum extent prac-

15

ticable, in the alien’s native language, or in a lan-

16

guage the alien understands, and shall specify or

17

provide—

18
19
20
21

‘‘(A) the nature of the proceedings against
the alien;‘‘(B) the legal authority under which suchproceedings will be conducted;

22‘‘(C) the charges against the alien and the23

statutory provisions alleged to have been vio-

24

lated by the alien;

25

February 4, 2024 (6:13 p.m.)‘‘(D) that the alien shall—

U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

1571‘‘(i) immediately provide (or have pro-2

vided) to the Secretary, in writing, the3mailing address, contact information, email

4

address or other electronic address, and5

telephone number (if any) at which the6alien may be contacted respecting the pro-7

ceeding under this section; and8‘‘(ii) provide to the Secretary, in writ-9

ing, any change of the alien’s mailing ad-

10

dress or telephone number after any such

11change;12‘‘(E)(i) the time and place at which the13

proceeding under this section will be held,

14

which information shall be communicated, to15

the extent practicable, before or during the16

alien’s release from physical custody; or17‘‘(ii) immediately after release, the time18

and place of such proceeding shall be provided

19

to the alien, or to the alien’s counsel of record,20

not later than 10 days before the scheduled pro-21

tection determination interview, which shall be

22considered proper service of the commencement23

of proceedings;

24‘‘(F) the consequences for the alien’s fail-25

ure to appear at such proceeding pursuant to

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

158
1

section 240(b)(5)(A), absent exceptional cir-2

cumstances;3‘‘(G) the alien’s right to be represented, at

4

no expense to the Federal Government, by any

5counsel, or an accredited representative, se-6lected by the alien who is authorized to practice7

in such a proceeding; and8‘‘(H) information described in section

9

235(b)(1)(B)(iv)(II).

10‘‘(2) ALTERNATIVES TO DETENTION.—An adult11

alien, including a head of household, who has been12

referred for proceedings under this section, shall be

13

supervised under the Alternatives to Detention pro-

14

gram of U.S. Immigration and Customs Enforce-

15

ment for the duration of such proceedings.

1617‘‘(3) PROTECTION MERITS INTERVIEW.—‘‘(A) IN

GENERAL.—An

asylum officer

18

shall conduct a protection merits interview of19

each alien processed under this section.

20

‘‘(B)

ACCESSTOCOUNSEL.—Section

21

235B(b)(3)(B) shall apply to proceedings under

22

this section.

23‘‘(C) PROCEDURES AND EVIDENCE.—The24

asylum officer may receive into evidence any

25oral or written statement that is material andFebruary 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

159
1

relevant to any matter in the protection merits

2

interview. The testimony of the alien shall be

3

under oath or affirmation, which shall be ad-4ministered by the asylum officer.

5‘‘(D) TRANSLATION OF DOCUMENTS.—Any

6foreign language document offered by a party

7

in proceedings under this section shall be ac-

8companied by an English language translation

9and a certification signed by the translator,

10

which shall be printed legibly or typed. Such11

certification shall include a statement that the12translator is competent to translate the docu-

13ment, and that the translation is true and accu-

14

rate to the best of the translator’s abilities.

15‘‘(E) INTERPRETERS.—An interpreter may

16

be provided to the alien for the proceedings

17

under this section, in accordance with section

18

235B(b)(3)(D).

19‘‘(F) LOCATION.—The location for the pro-20

tection merits interview described in this section

21

shall be determined in accordance with the22terms and conditions described in section

23

235B(b)(3)(E).

24‘‘(G) WRITTEN RECORD.—The asylum offi-

25

cer shall prepare a written record of each pro-

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

160
1tection merits interview, which shall be provided

2

to the alien or the alien’s counsel, that in-3cludes—4567‘‘(i) a summary of the material facts
stated by the alien;‘‘(ii) any additional facts relied uponby the asylum officer;

8‘‘(iii) the asylum officer’s analysis of9

why, in light of the facts referred to in

10

clauses (i) and (ii), the alien has or has

11

not established eligibility for asylum under

12

section 208, withholding of removal under13

section 241(b)(3), or protection under the14

Convention Against Torture; and15‘‘(iv) a copy of the asylum officer’s

16interview notes.

17‘‘(H) PROTECTION OF CERTAIN INFORMA-

18

TION.—Before providing the record described in

19

subparagraph (G) to the alien or the alien’s

20

counsel of record, the Director shall protect any

21

information the disclosure of which is prohib-

22

ited by law.

23‘‘(I) RULEMAKING.—The Secretary shall24

promulgate regulations that permit an alien to

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

161
1

request a rescheduled interview due to excep-

2

tional circumstances.

3‘‘(J) WITHDRAWAL OF APPLICATION, VOL-

4

UNTARY DEPARTURE, AND VOLUNTARY REPA-

5

TRIATION.—

6‘‘(i) VOLUNTARYDEPARTURE.—The

7

Secretary may permit an alien to volun-

8tarily depart in accordance with section

9

240E.

10

‘‘(ii)WITHDRAWALOF

APPLICA-

11

TION.—The Secretary may permit an alien,

12

at any time before the protection merits

13interview, to withdraw his or her applica-

14tion and depart immediately from the15

United States in accordance with section

16

240F.

17

‘‘(iii) VOLUNTARYREPATRIATION.—

18

The Secretary may permit an alien to vol-19

untarily repatriate in accordance with sec-

20

tion 240G.

21‘‘(4) SPECIAL RULE RELATING TO ONE-YEAR

22

BAR.—An23

section shall not be subject to the one-year bar

24under section 208(a)(2)(B).

February 4, 2024 (6:13 p.m.)alien subject to proceedings under thisU:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

162
1‘‘(5) TIMING OF PROTECTION MERITS INTER-

2

VIEW.—A

3

conducted on a date that is earlier than 30 days

4

after the date on which notice is served under para-

5graph (1).

6‘‘(d) PROTECTION MERITS DETERMINATION.—

protection merits interview may not be7‘‘(1) IN GENERAL.—After conducting an alien’s

8protection merits interview, the asylum officer shall9

make a determination on the merits of the alien’s

10

application for asylum under section 208, with-11

holding of removal under section 241(b)(3), or pro-12

tection under the Convention Against Torture.

13‘‘(2) POSITIVEPROTECTION MERITS DETER-

14MINATION.—In the case of an alien who the asylum

15

officer determines meets the criteria for a positive

16

protection merits determination, the asylum officer

17

shall approve the alien’s application for asylum

18

under section 208, withholding of removal under sec-

19

tion 241(b)(3), or protection under the Convention

20

Against Torture.

2122‘‘(3) NEGATIVE PROTECTION MERITS DETERMINATION.—

23‘‘(A) IN GENERAL.—In the case of an alien24

who the asylum officer determines does not

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

163
1

meet the criteria for a positive protection merits

2

determination—3‘‘(i) the asylum officer shall deny the4alien’s application for asylum under section

5

208, withholding of removal under section

6

241(b)(3), or protection under the Conven-

7

tion Against Torture; and8‘‘(ii) the Secretary shall—

910‘‘(I) provide the alien with written notice of the decision; and11‘‘(II) subject to subparagraph

12(B) and subsection (e), order the re-13

moval of the alien from the United

14

States.

15‘‘(B) REQUEST FOR RECONSIDERATION.—

16

Any alien with respect to whom a negative pro-17

tection merits determination has been made18

may submit a request for reconsideration to

19

U.S. Citizenship and Immigration Services not20

later than 5 days after such determination, in

21

accordance with the procedures set forth in sec-

22

tion 235B(d)(3).

23‘‘(e) APPEALS.—

24‘‘(1) IN GENERAL.—An alien with respect to25

whom a negative protection merits determination

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

164
1

has been made may submit to the Protection Appel-

2

late Board a written petition for review of such de-3termination, together with additional evidence sup-4

porting the alien’s claim, as applicable, not later5

than 7 days after the date on which a request for6

reconsideration under subsection (d)(3)(B) has been7

denied.

8‘‘(2) SWORN STATEMENT.—A petition for re-9view submitted under this subsection shall include a10

sworn statement by the alien.

11‘‘(3) RESPONSIBILITIES OF THE DIRECTOR.—

12‘‘(A) IN GENERAL.—After the filing of a13

petition for review by an alien, the Director

14

shall—

15‘‘(i) refer the alien’s petition for re-16

view to the Protection Appellate Board;

17

and

18

‘‘(ii) before the date on which the19

Protection Appellate Board commences re-20view, subject to subparagraph (B), provide

21

a full record of the alien’s protection mer-22

its interview, including a transcript of such

23

interview—

24
25

February 4, 2024 (6:13 p.m.)‘‘(I) to the Protection Appellate
Board; andU:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

165
1
2

‘‘(II) to the alien, or the alien’s
counsel of record.

3‘‘(B) PROTECTION OF CERTAIN INFORMA-

4

TION.—Before providing the record described in

5

subparagraph (A)(ii)(II) to the alien or the6

alien’s counsel of record, the Director shall pro-7

tect any information the disclosure of which is

8

prohibited by law.

9‘‘(4) STANDARD OF REVIEW.—

10‘‘(A) IN GENERAL.—In reviewing a protec-

11tion merits determination under this subsection,

12

the Protection Appellate Board shall—

13‘‘(i) with respect to questions of fact,

14

determine whether the decision reached by

15

the asylum officer with initial jurisdiction

16

regarding the alien’s eligibility for relief or17

protection was clear error; and18‘‘(ii) with respect to questions of law,19

discretion, and judgement, make a de novo

20

determination with respect to the alien’s

21

eligibility for relief or protection.

22‘‘(B) in making a determination under23

clause (i) or (ii) of subparagraph (A), take into

24

account the credibility of the statements made25

by the alien in support of the alien’s claim andFebruary 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

166
1such other facts as are known to the Protection

2

Appellate Board.

3‘‘(5) COMPLETION.—To the maximum extent

4

practicable, not later than 7 days after the date on

5which an alien files a petition for review with the6

Protection Appellate Board, the Protection Appellate

7

Board shall conclude the review.

8‘‘(6) OPPORTUNITYTO

SUPPLEMENT.—The

9

Protection Appellate Board shall establish a process

10by which an alien, or the alien’s counsel of record,11

may supplement the record for purposes of a review

12

under this subsection not less than 30 days before

13

the Protection Appellate Board commences the re-

14

view.

15

‘‘(7) RESULT OF REVIEW.—

16‘‘(A) VACATUR OF ORDER OF REMOVAL.—

17

In the case of a determination by the Protection

18

Appellate Board that the application of an alien

19

for asylum warrants approval, the Protection

20

Appellate Board shall vacate the order of re-21

moval issued by the asylum officer and grant

22

such application.

23‘‘(B) WITHHOLDINGOFREMOVAL

AND

24

CONVENTION AGAINST TORTURE ORDER OF RE-

25

MOVAL.—In the case of a determination by the

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

167
1

Protection Appellate Board that the application

2of an alien for withholding of removal under3

section 241(b)(3) or protection under the Con-

4

vention Against Torture warrants approval, the5Protection Appellate Board—

67‘‘(i) shall not vacate the order of removal issued by the asylum officer; and8‘‘(ii) shall grant the application for

9withholding

10

241(b)(3) or protection under the Conven-

11tion Against Torture, as applicable.

12‘‘(C) AFFIRMATION

of

removal

OF

under

ORDER

section

OF

RE-

13

MOVAL.—In the case of a determination by the

14

Protection Appellate Board that the petition for

15

review of a protection merits interview does not

16

warrant approval, the Protection Appellate

17

Board shall affirm the denial of such applica-

18

tion and the order of removal shall become

19

final.

20‘‘(D) NOTIFICATION.—Upon making a de-21

termination with respect to a review under this22

subsection, the Protection Appellate Board shall23

expeditiously provide notice of the determina-

24

tion to the alien and, as applicable, to the25

alien’s counsel of record.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

168
1
2

‘‘(8) MOTION TO REOPEN OR MOTION TO RECONSIDER.—

3‘‘(A) MOTION TO REOPEN.—A motion to4reopen a review conducted by the Protection

5

Appellate Board shall state new facts and shall6

be supported by documentary evidence. The re-7

submission of previously provided evidence or8reassertion of previously stated facts shall not

9

be sufficient to meet the requirements of a mo-

10tion to reopen under this subparagraph. An

11alien with a pending motion to reopen may be

12

removed if the alien’s order of removal is final,

13

pending a decision on a motion to reopen.

14‘‘(B) MOTION TO RECONSIDER.—

15‘‘(i) IN GENERAL.—A motion to re-16

consider a decision of the Protection Ap-

17

pellate Board—

18‘‘(I) shall establish that—19‘‘(aa) the Protection Appel-

20

late Board based its decision on

21

an incorrect application of law or

22

policy; and23‘‘(bb) the decision was incor-

24

rect based on the evidence in the

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

169
1

record of proceedings at the time2of the decision; and3‘‘(II) shall be filed not later than4

30 days after the date on which the5decision was issued.

6‘‘(ii)

LIMITATION.—TheProtection

7

Appellate Board shall not consider new

8facts or evidence submitted in support of a9motion to reconsider.

1011‘‘(f) ORDER OF REMOVAL.—‘‘(1) IN GENERAL.—The Secretary—

12‘‘(A) shall have exclusive and final jurisdic-

13

tion over the denial of an application for relief

14

or protection under this section; and

15‘‘(B) may remove an alien to a country

16

where the alien is a subject, national, or citizen,

17

or in the case of an alien having no nationality,18

the country of the alien’s last habitual resi-

19

dence, or in accordance with the processes es-

20

tablished under section 241, unless removing

21

the alien to such country would be prejudicial

22

to the interests of the United States.

23‘‘(2) DETENTION; REMOVAL.—The terms and24

conditions under section 241 shall apply to the de-February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

170
1tention and removal of aliens ordered removed from2

the United States under this section.

3‘‘(g) LIMITATION ON JUDICIAL REVIEW.—

4‘‘(1) DENIALS OF PROTECTION.—Except for re-5view of constitutional claims, no court shall have ju-

6risdiction to review a decision issued by U.S. Citi-

7

zenship and Immigration Services under this section

8

denying an alien’s application for asylum under sec-

9tion 208, withholding of removal under section

10

241(b)(3), or protection under the Convention

11

Against Torture.

12‘‘(2) FINAL REMOVAL ORDERS.—No court shall13

have jurisdiction to review a final order of removal

14

issued under this section.

15‘‘(h) RULEMAKING.—

16‘‘(1) IN GENERAL.—The Secretary may promul-

17

gate such regulations as are necessary to implement

18

this section in compliance with the requirements of

19

section 553 of title 5, United States Code.

20‘‘(2) INITIAL

IMPLEMENTATION.—Until

the

21

date that is 180 days after the date of the enact-

22

ment of this section, the Secretary may issue any in-23

terim final rules necessary to implement this section

24

without having to satisfy the requirements of section

25

553(b)(B) of title 5, United States Code, provided

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

171
1that any such interim final rules shall include a 30-

2

day post promulgation notice and comment period

3prior to finalization in the Federal Register.

4‘‘(3) REQUIREMENT.—All regulations promul-

5

gated to implement this section beginning on the

6date that is 180 days after the date of the enact-

7

ment of this section, shall be issued pursuant to the8requirements set forth in section 553 of title 5,9United States Code.

10‘‘(i) SAVINGS PROVISIONS.—

11‘‘(1) DETENTION.—Nothing in this section may

12

be construed to affect the authority of the Secretary13

to detain an alien who is processed, including for re-14

lease, under this section if otherwise authorized by

15

law.

16
17

‘‘(2) SETTLEMENT AGREEMENTS.—Nothing inthis section may be construed—

18‘‘(A) to expand or restrict any settlement

19agreement in effect on the date of the enact-

20

ment of this section; or

21‘‘(B) to abrogate any provision of the stip-

22

ulated settlement agreement in Reno v. Flores,23

as filed in the United States District Court for24

the Central District of California on January

25

17, 1997 (CV–85–4544–RJK), including all

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

172
1

subsequent court decisions, orders, agreements,2and stipulations.

3

‘‘(3)

IMPACTONOTHER

REMOVALPRO-

4

CEEDINGS.—The provisions of this section may not5

be interpreted to apply to any other form of removal

6

proceedings.

7‘‘(4) CONVERSION TO REMOVAL PROCEEDINGS

8UNDER SECTION 240.—The asylum officer or immi-

9

gration officer may refer or place an alien into re-10

moval proceedings under section 240 by issuing a

11

notice to appear for the purpose of initiating such12

proceedings if either such officer determines that—

13‘‘(A) such proceedings are required in

14

order to permit the alien to seek an immigra-

15

tion benefit for which the alien is legally enti-

16

tled to apply; and17‘‘(B) such application requires such alien18

to be placed in, or referred to proceedings

19

under section 240 that are not available to such

20

alien under this section.

21‘‘(j) FAMILY UNITY.—In the case of an alien with

22 a minor child in the United States who has been ordered
23 removed pursuant to this section, the Secretary shall en24 sure that such alien is removed with the minor child, if
25 the alien elects.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

1731‘‘(k) JUDICIAL REVIEW.—Notwithstanding any other2 provision of this Act, judicial review of any decision or ac3 tion in this section shall be governed only by the United
4 States District Court for the District of Columbia, which
5 shall have sole and original jurisdiction to hear challenges,
6 whether constitutional or otherwise, to the validity of this7 section or any written policy directive, written policy
8 guideline, written procedure, or the implementation there9 of, issued by or under the authority of the Secretary to
10 implement this section.
11‘‘(l) DEFINITIONS.—In this section:

12‘‘(1) ASYLUM OFFICER.—The term ‘asylum offi-

13cer’ has the meaning given such term in section

14

235(b)(1)(E).

15‘‘(2) CONVENTIONAGAINSTTORTURE.—The

16

term ‘Convention Against Torture’—means the17

United Nations Convention Against Torture and18

Other Cruel, Inhuman or Degrading Treatment or

19

Punishment, done at New York December 10, 1984,

20

including any implementing regulations.

21‘‘(3) DIRECTOR.—The term ‘Director’ means

22

the Director of U.S. Citizenship and Immigration

23

Services.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

174
1

‘‘(4)

EXCEPTIONALCIRCUMSTANCES.—The2

term ‘exceptional circumstances’ has the meaning

3

given such term in section 240(e)(1).

4‘‘(5) FINAL ORDER OF REMOVAL.—The term

5

‘final order of removal’ means an order of removal

6

made by an asylum officer at the conclusion of a

7

protection determination, and any appeal of such

8order, as applicable.

9‘‘(6) PROTECTIONAPPELLATEBOARD.—The10

term ‘Protection Appellate Board’ means the Protec-

11tion Appellate Board established under section 463

12of the Homeland Security Act of 2002.

13

‘‘(7)

PROTECTION

DETERMINATION

DECI-

14

SION.—The term ‘protection determination decision’

15

means the service of a negative or positive protection

16

determination outcome.

17‘‘(8) SECRETARY.—The term ‘Secretary’ means

18

the Secretary of Homeland Security.’’.

19(b) CLERICAL AMENDMENT.—The table of contents

20 of the Immigration and Nationality Act (8 U.S.C. 1101
21 et seq.) is amended by inserting after the item relating
22 to section 240C the following:‘‘Sec. 240D. Protection merits removal proceedings.’’.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

175
1

SEC. 3143. VOLUNTARY DEPARTURE AFTER NONCUSTO-

2

DIAL PROCESSING; WITHDRAWAL OF APPLI-3CATION FOR ADMISSION.

4(a) IN GENERAL.—Chapter 4 of title II of the Immi-

5 gration and Nationality Act (8 U.S.C. 1221 et seq.), as
6 amended by section 3142(a), is further amended by insert7 ing after section 240D the following:
8‘‘SEC. 240E. VOLUNTARY DEPARTURE AFTER NONCUSTO-

9
10

DIAL PROCESSING.

‘‘(a) CONDITIONS.—

11‘‘(1) IN GENERAL.—The Secretary of Homeland

12

Security (referred to in this section as the ‘Sec-13

retary’) may permit an alien to voluntarily depart

14

the United States under this subsection, at the15

alien’s own expense, instead of being subject to pro-16

ceedings under section 235B or 240D or before the17completion of such proceedings, if such alien is not18

deportable under paragraph (2)(A)(iii) or (4)(B) of

19

section 237(a).

20‘‘(2) PERIOD OF VALIDITY.—Permission to de-21part voluntarily under this subsection shall be valid

22

for a period not to exceed 120 days.

23‘‘(3) DEPARTURE BOND.—The Secretary may

24require an alien permitted to depart voluntarily

25

under this subsection to post a voluntary departure26

bond, which shall be surrendered upon proof that

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

176
1

the alien has departed the United States within the

2time specified in such bond.

3‘‘(b) AT CONCLUSION OF PROCEEDINGS.—

4‘‘(1) IN GENERAL.—The Secretary may permit

5

an alien to voluntarily depart the United States

6

under this subsection, at the alien’s own expense, if,

7at the conclusion of a proceeding under section

8

240D, the asylum officer—

9
10
11

‘‘(A) enters an order granting voluntary
departure instead of removal; and‘‘(B) determines that the alien—

12‘‘(i) has been physically present in the13

United States for not less than 60 days

14

immediately preceding the date on which

15

proper notice was served in accordance16

with section 235B(e)(2);17‘‘(ii) is, and has been, a person of18

good moral character for at least 5 years

19

immediately preceding the alien’s applica-

20

tion for voluntary departure;

21‘‘(iii) is not deportable under para-

22

graph (2)(A)(iii) or (4) of section 237(a);

23

and

24

‘‘(iv) has established, by clear and25

convincing evidence, that he or she has the

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

177
1means to depart the United States and in-2

tends to do so.

3‘‘(2) DEPARTURE BOND.—The Secretary shall4

require any alien permitted to voluntarily depart5

under this subsection to post a voluntary departure

6

bond, in an amount necessary to ensure that such

7

alien will depart, which shall be surrendered upon

8

proof that the alien has departed the United States

9within the time specified in such bond.

10‘‘(c) INELIGIBLE ALIENS.—The Secretary shall not

11 permit an alien to voluntarily depart under this section
12 if such alien was previously permitted to voluntarily depart
13 after having been found inadmissible under section
14 212(a)(6)(A).
15‘‘(d) CIVIL PENALTY FOR FAILURE TO DEPART.—

16‘‘(1) IN GENERAL.—Subject to paragraph (2),17an alien who was permitted to voluntarily depart the18

United States under this section and fails to volun-

19

tarily depart within the period specified by the Sec-20

retary—21‘‘(A) shall be subject to a civil penalty of

22

not less than $1,000 and not more than23

$5,000; and24‘‘(B) shall be ineligible, during the 10-year

25

period beginning on the last day such alien was

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

178
1permitted to voluntarily depart, to receive any

2further relief under this section and sections

3

240A, 245, 248, and 249.

4‘‘(2) SPECIAL RULE.—The restrictions on relief

5

under paragraph (1) shall not apply to individuals

6

identified in section 240B(d)(2).

7‘‘(3) NOTICE.—The order permitting an alien8

to voluntarily depart shall describe the penalties

9

under this subsection.

10‘‘(e) ADDITIONAL CONDITIONS.—The Secretary may

11 prescribe regulations that limit eligibility for voluntary de12 parture under this section for any class of aliens. No court
13 may review any regulation issued under this subsection.
14‘‘(f) JUDICIAL REVIEW.—No court has jurisdiction

15 over an appeal from the denial of a request for an order
16 of voluntary departure under subsection (b). No court may
17 order a stay of an alien’s removal pending consideration
18 of any claim with respect to voluntary departure.
19‘‘(g) RULE OF CONSTRUCTION.—Nothing in this sec-

20 tion may be construed to affect any voluntary departure
21 relief in any other section of this Act.
22‘‘SEC. 240F. WITHDRAWAL OF APPLICATION FOR ADMIS-

23
24

SION.

‘‘(a) WITHDRAWAL AUTHORIZED.—The Secretary of

25 Homeland Security (referred to in this section as the ‘Sec-

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

179
1 retary’), in the discretion of the Secretary, may permit any
2 alien for admission to withdraw his or her application—
345‘‘(1) instead of being placed into removal proceedings under section 235B or 240D; or‘‘(2) at any time before the alien’s protection

6

merits interview occurs under section 240D.

7‘‘(b) CONDITIONS.—An alien’s decision to withdraw

8 his or her application for admission under subsection (a)9 shall be made voluntarily. Permission to withdraw an ap10 plication for admission may not be granted unless the
11 alien intends and is able to depart the United States with12 in a period determined by the Secretary.
13‘‘(c) CONSEQUENCE FOR FAILURE TO DEPART.—An

14 alien who is permitted to withdraw his or her application
15 for admission under this section and fails to voluntarily
16 depart the United States within the period specified by
17 the Secretary pursuant to subsection (b) shall be ineligible,
18 during the 5-year period beginning on the last day of such
19 period, to receive any further relief under this section and
20 section 240A.
21‘‘(d) FAMILY UNITY.—In the case of an alien with

22 a minor child in the United States who has been ordered
23 removed after withdrawing an application under this sec24 tion, the Secretary shall ensure that such alien is removed
25 with the minor child, if the alien elects.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

1801‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec-

2 tion may be construed to affect any withdrawal require3 ments in any other section of this Act.’’.
4(b) CLERICAL AMENDMENT.—The table of contents

5 of the Immigration and Nationality Act (8 U.S.C. 1101
6 et seq.), as amended by section 3142(b), is further amend7 ed by inserting after the item relating to section 240D
8 the following:‘‘Sec. 240E. Voluntary departure after noncustodial processing.
‘‘Sec. 240F. Withdrawal of application for admission.’’.

9

SEC. 3144. VOLUNTARY REPATRIATION.

10(a) IN GENERAL.—Chapter 4 of title II of the Immi-

11 gration and Nationality Act (8 U.S.C. 1221 et seq.), as
12 amended by section 3143(a), is further amended by insert13 ing after section 240F, the following:
14‘‘SEC. 240G. VOLUNTARY REPATRIATION.

15‘‘(a) ESTABLISHMENT.—The Secretary of Homeland

16 Security (referred to in this section as the ‘Secretary’)17 shall establish a voluntary repatriation program in accord18 ance with the terms and conditions of this section.
19‘‘(b) VOLUNTARY REPATRIATION IN LIEU OF PRO-

20

CEEDINGS.—Under the voluntary repatriation program es-

21 tablished under subsection (a), the Secretary may permit
22 an alien to elect, at any time during proceedings under
23 section 235B or before the alien’s protection merits deter24 mination under section 240D(d), voluntary repatriation in

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

181
1 lieu of continued proceedings under section 235B or
2 240D.
3‘‘(c) PERIOD OF VALIDITY.—An alien who elects vol-4 untary repatriation shall depart the United States within
5 a period determined by the Secretary, which may not ex6 ceed 120 days.
7‘‘(d) PROCEDURES.—Consistent with subsection (b),8 the Secretary may permit an alien to elect voluntary repa9 triation if the asylum officer—
10‘‘(1) enters an order granting voluntary repatri-11

ation instead of an order of removal; and12‘‘(2) determines that the alien—

13‘‘(A) has been physically present in the

14

United States immediately preceding the date15

on which the alien elects voluntary repatriation;

16‘‘(B) is, and has been, a person of good17

moral character for the entire period the alien18

is physically present in the United States;

19
20
21
22
23
24
25

February 4, 2024 (6:13 p.m.)

‘‘(C)

is

not

described

inparagraph(2)(A)(iii) or (4) of section 237(a);‘‘(D) meets the applicable income requirements, as determined by the Secretary; and‘‘(E) has not previously elected voluntary
repatriation.
‘‘(e) MINIMUM REQUIREMENTS.—U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

1821‘‘(1) NOTICE.—The notices required to be pro-2

vided to an alien under sections 235B(b)(2) and3

240D(c)(1) shall include information on the vol-4

untary repatriation program.

5‘‘(2) VERBAL REQUIREMENTS.—The asylum of-6

ficer shall verbally provide the alien with information

7

about the opportunity to elect voluntary repatri-8

ation—

91011‘‘(A) at the beginning of a protection determination under section 235B(c)(2); and‘‘(B) at the beginning of the protection

12

merits interview under section 240D(b)(3).

13‘‘(3) WRITTEN REQUEST.—An alien subject to14section 235B or 240D—

15‘‘(A) may elect voluntary repatriation at

16

any time during proceedings under 235B or be-17

fore the protection merits determination under18

section 240D(d); and1920‘‘(B) may only elect voluntary repatriation—21‘‘(i) knowingly and voluntarily; and22‘‘(ii) in a written format, to the max-

23

imum extent practicable, in the alien’s na-

24tive language or in a language the alien

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

183
1

understands, or in an alternative record if2

the alien is unable to write.

3‘‘(f) REPATRIATION.—The Secretary is authorized to

4 provide transportation to aliens, including on commercial
5 flights, if such aliens elect voluntary repatriation.
6‘‘(g) REINTEGRATION.—Upon election of voluntary

7 repatriation, the Secretary shall advise the alien of any
8 applicable reintegration or reception program available in
9 the alien’s country of nationality.
10‘‘(h) FAMILY UNITY.—In the case of an alien with

11 a minor child in the United States who has been permitted
12 to voluntarily repatriate pursuant to this section, the Sec13 retary shall ensure that such alien is repatriated with the
14 minor child, if the alien elects.
15‘‘(i) IMMIGRATION CONSEQUENCES.—

16‘‘(1) ELECTION TIMING.—In the case of an

17alien who elects voluntary repatriation at any time

18

during proceeding under section 235B or before the19protection merits interview, a final order of removal

20

shall not be entered against the alien.

21‘‘(2) FAILURETO TIMELY DEPART.—In

the

22

case of an alien who elects voluntary repatriation23

and fails to depart the United States before the end

24of the period of validity under subsection (c)—February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

184
1‘‘(A) the alien shall be subject to a civil

2

penalty in an amount equal to the cost of the3commercial flight or the ticket, or tickets, to the4

country of nationality;5‘‘(B) during the 10-year period beginning6

on the date on which the period of validity

7

under subsection (c) ends, the alien shall be in-8

eligible for relief under—

9‘‘(i) this section;

10‘‘(ii) section 240A; and11‘‘(iii) section 240E; and12‘‘(C) a final order of removal shall be en-13

tered against the alien.

14‘‘(3) EXCEPTIONS.—Paragraph (2) shall not

15

apply to a child of an adult alien who elected vol-16

untary repatriation.

17‘‘(j) CLERICAL MATTERS.—

18‘‘(1) RULE

OF

CONSTRUCTION.—Nothingin19

this section may be construed to affect any voluntary

20

departure under any other section of this Act.

21‘‘(2) SAVINGS CLAUSE.—Nothing in this section

22

may be construed to supersede the requirements of23

section 241(b)(3).

24‘‘(3) JUDICIAL REVIEW.—No court shall have25

jurisdiction of the Secretary’s decision, in the Sec-

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

185
1

retary’s sole discretion, to permit an alien to elect2voluntary repatriation. No court may order a stay of3an alien’s removal pending consideration of any

4claim with respect to voluntary repatriation.

5‘‘(4) APPROPRIATIONS.—There are authorized

6

to be appropriated to the Secretary such sums as

7necessary to carry out this section.

8‘‘(k) VOLUNTARY REPATRIATION DEFINED.—The

9 term ‘voluntary repatriation’ means the free and voluntary
10 return of an alien to the alien’s country of nationality (or11 in the case of an alien having no nationality, the country
12 of the alien’s last habitual residence) in a safe and dig13 nified manner, consistent with the obligations of the
14 United States under the Convention Relating to the Sta15 tus of Refugees, done at Geneva July 28, 1952 (as made16 applicable by the1967 Protocol Relating to the Status of
17 Refugees, done at New York January 31, 1967 (19 UST
18 6223)).’’.
19(b) CLERICAL AMENDMENT.—The table of contents

20 of the Immigration and Nationality Act (8 U.S.C. 1101
21 et seq.), as amended by section 3143(b), is further amend22 ed by inserting after the item relating to section 240F the
23 following:‘‘Sec. 240G. Voluntary repatriation.’’.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

186
1

SEC. 3145. IMMIGRATION EXAMINATIONS FEE ACCOUNT.

2

Section 286 of the Immigration and Nationality Act

3 (8 U.S.C. 1356) is amended—
4(1) in subsection (m), by striking ‘‘collected.’’5and inserting ‘‘collected: Provided further, That such6

fees may not be set to recover any costs associated7with the implementation of sections 235B and

8

240D, are appropriated by Congress, and are not

9subject to the fees collected.’’; and

10(2) in subsection (n), by adding at the end the11following: ‘‘Funds deposited in the ‘Immigration Ex-

12aminations Fee Account’ shall not be used to reim-

13

burse any appropriation for expenses associated with14

the implementation of sections 235B and 240D.’’.

15

SEC. 3146. BORDER REFORMS.

16(a) SPECIAL RULES FOR CONTIGUOUS CONTINENTAL

17 LAND BORDERS.—
18(1) IN GENERAL.—Chapter 4 of title II of the19

Immigration and Nationality Act (8 U.S.C. 1221 et

20seq.) is amended by adding at the end the following:

21‘‘SEC. 244A. SPECIAL RULES FOR CONTIGUOUS CONTI-

22
23

NENTAL LAND BORDERS.

‘‘(a) IN GENERAL.—An alien described in section 235

24 or 235B who arrives by land from a contiguous conti25 nental land border (whether or not at a designated port
26 of arrival), absent unusual circumstances, shall be promptFebruary 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

187
1 ly subjected to the mandatory provisions of such sections
2 unless the Secretary of Homeland Security (referred to in
3 this section as the ‘Secretary’)determines, on a case-by4 case basis, that there is—5‘‘(1) an exigent medical circumstance involving

6

the alien that requires the alien’s physical presence7

in the United States;

8‘‘(2) a significant law enforcement or intel-

9ligence purpose warranting the alien’s presence in

10

the United States;

11‘‘(3) an urgent humanitarian reason directly

12pertaining to the individual alien, according to spe-13cific criteria determined by the Secretary;14‘‘(4) a Tribal religious ceremony, cultural ex-

15change, celebration, subsistence use, or other cul-

16

turally important purpose warranting the alien’s

17presence in the United States on Tribal land located18

at or near an international land border;

19‘‘(5) an accompanying alien whose presence in

20

the United States is necessary for the alien who

21

meets the criteria described in any of the paragraphs

22(1) through (4) to further the purposes of such pro-23

visions; or24‘‘(6) an alien who, while in the United States,

25

had an emergent personal or bona fide reason to

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

188
1

travel temporarily abroad and received approval for

2

Advance Parole from the Secretary.

3‘‘(b) RULES OF CONSTRUCTION.—Nothing in this4 section may be construed—
56‘‘(1) to preclude the execution of section
235(a)(4) or 241(a)(5);7‘‘(2) to expand or restrict the authority to grant8

parole under section 212(d)(5), including for aliens

9arriving at a port of entry by air or sea, other than10

an alien arriving by land at a contiguous continental

11

land border for whom a special rule described in

12

subsection (a) applies; or13‘‘(3) to refer to or place an alien in removal

14

proceedings pursuant to section 240, or in any other15

proceedings, if such referral is not otherwise author-

16

ized under this Act.

17‘‘(c) TRANSITION RULES.—

18‘‘(1) MANDATORY PROCESSING.—Beginning on

19

the date that is 90 days after the date of the enact-

20

ment of this section, the Secretary shall require any

21

alien described in subsection (a) who does not meet22

any of the criteria described in paragraphs (1)23through (6) of that subsection to be processed in ac-

24

cordance with section 235 or 235B, as applicable,

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

189
1

unless such alien is subject to removal proceedings2

under subsection (b)(3).

3

‘‘(2)

PRE-CERTIFICATIONREFERRALS

AND

4

PLACEMENTS.—Before

5

the United States has certified that sections 235B

6

and 240D are fully operational pursuant to section

73146(d) of the Border Act, the Secretary shall refer

8

or place aliens described in subsection (a) in pro-9

ceedings under section 240 based upon operational

10

considerations regarding the capacity of the Sec-11

retary to process aliens under section 235 or section

12

235B, as applicable.

13

the Comptroller General of‘‘(3) POST-CERTIFICATIONREFERRALS

AND

14

PLACEMENTS.—After15

makes the certification referred to in paragraph (2),16

the Secretary may only refer aliens described in sub-17

section (a) to, or place such aliens in, proceedings

18

under section 235(b) or 235B, as applicable, unless

19

such alien is subject to removal proceedings under20

subsection (b)(3).’’.

theComptroller

General21(2) CLERICAL AMENDMENT.—The table of con-22

tents of the Immigration and Nationality Act (823

U.S.C. 1101 et seq.) is amended by inserting after

24

the item relating to section 244 the following:‘‘Sec. 244A. Special rules for contiguous continental land borders.’’.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

190
1
2

(b) MODIFICATION OF AUTHORITY TO ARREST, DETAIN, AND RELEASE ALIENS.—

3(1) IN GENERAL.—Section 236(a)(2) of the Im-

4

migration and Nationality Act (8 U.S.C. 1226(a)(2))

5

is amended—

6
7
8
9
10
11
12
13
14
15
16
17

(A) in the matter preceding subparagraph(A), by striking ‘‘on’’;(B) in subparagraph (A), by inserting‘‘on’’ before ‘‘bond’’; and(C) by amending subparagraph (B) to readas follows:‘‘(B)(i) in the case of an alien encounteredin the interior, on conditional parole; or‘‘(ii) in the case of an alien encountered at
the border—‘‘(I) pursuant to the procedures under
235B; or

18‘‘(II) on the alien’s own recognizance19

with placement into removal proceedings

20

under 240; and’’.

21(2) EFFECTIVE DATE.—The amendments made22

by paragraph (1) shall take effect immediately after

23

the Comptroller General of the United States cer-24

tifies, in accordance with subsection (d), that sec-

25

tions 235B and 240D of the Immigration and Na-

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

191
1

tionality Act, as added by sections 3141 and 3142,

2

are fully operational.

3(c) REPORTING REQUIREMENT.—

4(1) IN GENERAL.—Section 236 of the Immigra-

5tion and Nationality Act (8 U.S.C. 1226) is amend-

6

ed by adding at the end the following:

7‘‘(f) SEMIANNUAL REPORT.—

8‘‘(1) IN GENERAL.—Not later than 180 days

9

after the date on which the Comptroller General10

makes the certification described in section 3146(d)11of the Border Act, and every 180 days thereafter,

12

the Secretary of Homeland Security shall publish, on

13

a

14

downloadable and searchable format, a report that15

describes each use of the authority of the Secretary

16

under subsection (a)(2)(B)(ii)(II).

publicly

accessible

internet

websiteina17‘‘(2) ELEMENTS.—Each report required by18

paragraph (1) shall include, for the applicable 180-19

day reporting period—

20‘‘(A) the number of aliens released pursu-

21

ant to the authority of the Secretary of Home-

22

land Security under subsection (a)(2)(B)(ii)(II);23‘‘(B) with respect to each such release—24

February 4, 2024 (6:13 p.m.)‘‘(i) the rationale;U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

192
1
2

‘‘(ii) the Border Patrol sector inwhich the release occurred; and3‘‘(iii) the number of days between the4scheduled date of the protection determina-

5

tion and the date of release from physical6

custody.

78910‘‘(3) PRIVACY PROTECTION.—Each report published under paragraph (1)—‘‘(A) shall comply with all applicable Federal privacy laws; and11‘‘(B) shall not disclose any information

12

contained in, or pertaining to, a protection de-13

termination.’’.

14(2) EFFECTIVE DATE.—The amendment made15

by paragraph (1) shall take effect immediately after16

the Comptroller General of the United States cer-17

tifies, in accordance with subsection (d), that sec-

18

tions 235B and 240D of the Immigration and Na-

19tionality Act, as added by sections 3141 and 3142,

20

are fully operational.

21(d) CERTIFICATION PROCESS.—2223(1) DEFINITIONS.—In this subsection:
(A)

FULLY

OPERATIONAL.—The

term

24

‘‘fully operational’’ means the Secretary has the25necessary resources, capabilities, and personnel

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

193
1

to process all arriving aliens referred to in sec-

2

tions 235B and 240D of the Immigration and3

Nationality Act, as added by sections 3141 and

43142, within the timeframes required by such5

sections.

67(B) REQUIRED PARTIES.—The term ‘‘required parties’’ means—

8(i) the President;

9(ii) the Secretary;10(iii) the Attorney General;11(iv) the Director of the Office of Man-

12

agement and Budget;

13(v) the Committee on Homeland Secu-

14

rity and Governmental Affairs of the Sen-

15

ate;

16
17
18
19
20
21
22
23
24
25

February 4, 2024 (6:13 p.m.)(vi) the Committee on the Judiciary of
the Senate;(vii) the Committee on Appropriationsof the Senate;(viii) the Committee on Homeland Security of the House of Representatives;(ix) the Committee on the Judiciaryof the House of Representatives; and(x) the Committee on Appropriationsof the House of Representatives.

U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

194
1(2) REVIEW.—

2(A) IN

GENERAL.—Notlater than 180

3days after the date of the enactment of this

4Act, the Comptroller General of the United

5

States shall review the implementation of sec-

6

tions 235B and 240D of the Immigration and7

Nationality Act, as added by sections 3141 and

83142, to determine whether such sections are9

fully operational.

10(B) REVIEWELEMENTS.—In

completing11

the review required under subparagraph (A),12

the Comptroller General shall assess, in com-

13

parison to the available resources, capabilities,

14

and personnel on the date of the enactment of

15

this Act, whether there are sufficient—

1617(i) properly trained personnel, including support personnel;

1819(ii) real property assets and other required capabilities;

20
21
22
23
24
25

February 4, 2024 (6:13 p.m.)(iii) information technology infrastructure;(iv) field manuals and guidance, regulations, and policies;(v) other investments that the Comptroller General considers necessary; andU:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

195
1(vi) asylum officers to effectively proc-2

ess all aliens who are considered amenable3

for processing under section 235(b), sec-

4

tion 235B, section 240, and section 240D

5of the Immigration and Nationality Act.

6(3) CERTIFICATION

OF

FULL

IMPLEMENTA-

7

TION.—If the Comptroller General determines, after

8

completing the review required under paragraph (2),9that sections 235B and 240D of the Immigration

10

and Nationality Act are fully operational, the Comp-11

troller General shall immediately submit to the re-12quired parties a certification of such determination.

13(4) NONCERTIFICATION AND SUBSEQUENT RE-

14

VIEWS.—If

15

after completing the review required under para-

16

graph (2), that such sections 235B and 240D are17

not fully operational, the Comptroller General

18

shall—

the Comptroller General determines,

19(A) notify the required parties of such de-20

termination, including the reasons for such de-21

termination;

22(B) conduct a subsequent review in accord-

23

ance with paragraph (2)(A) not later than 180

24days after each previous review that concluded

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

196
1that such sections 235B and 240D were not2

fully operational; and3(C) conduct a subsequent review not later

4

than 90 days after each time Congress appro-

5

priates additional funding to fully implement

6

such sections 235B and 240D.

7(5) DETERMINATION OF THE SECRETARY.—Not

8

later than 7 days after receiving a certification de-9

scribed in paragraph (3), the Secretary shall confirm

10

or reject the certification of the Comptroller General.

11(6) EFFECT OF REJECTION.—

12(A) NOTIFICATION.—If the Secretary re-13

jects a certification of the of the Comptroller

14

General pursuant to paragraph (A), the Sec-15

retary shall immediately—

16(i) notify the President, the Comp-17

troller General, and the congressional com-18

mittees listed in paragraph (1) of such re-19

jection; and20(ii) provide such entities with a ra-

21

tionale for such rejection.

22(B) SUBSEQUENT REVIEWS.—If the Comp-23

troller General receives a notification of rejec-

24tion from the Secretary pursuant to subpara-

25

graph (A), the Comptroller General shall con-February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

197
1

duct a subsequent review in accordance with2

paragraph (4)(B).

3

SEC. 3147. PROTECTION APPELLATE BOARD.

4(a) IN GENERAL.—Subtitle E of title IV of the

5 Homeland Security Act of 2002 (6 U.S.C. 271 et seq.)
6 is amended by adding at the end the following:
7‘‘SEC. 463. PROTECTION APPELLATE BOARD.

8‘‘(a) ESTABLISHMENT.—The Secretary shall estab-

9 lish within the U.S. Citizenship and Immigration Services
10 an appellate authority to conduct administrative appellate
11 reviews of protection merits determinations made under
12 section 240D of the Immigration and Nationality Act in
13 which the alien is denied relief or protection, to be known
14 as the ‘Protection Appellate Board’.
15‘‘(b) COMPOSITION.—Each panel of the Protection

16 Appellate Board shall be composed of 3 U.S. Citizenship17 and Immigration Services asylum officers (as defined in
18 section 235(b)(1)(E) of the Immigration and Nationality
19 Act (8 U.S.C. 1225(b)(1)(E))), assigned to the panel at
20 random, who—2122‘‘(1) possess the necessary experience adjudicating asylum claims; and23‘‘(2) are from diverse geographic regions.

24‘‘(c) DUTIES OF ASYLUM OFFICERS.—In conducting

25 a review under section 240D(e) of the Immigration andFebruary 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

198
1 Nationality Act, each asylum officer assigned to a panel
2 of the Protection Appellate Board shall independently re3 view the file of the alien concerned, including—
4‘‘(1) the record of the alien’s protection deter-

5mination (as defined in section 101(a) of the Immi-

6

gration and Nationality Act (8 U.S.C. 1101(a))), as

7

applicable;

8‘‘(2) the alien’s application for a protection

9

merits interview (as defined in section 240D(l) of

10

that Act);

11
12
13
14

‘‘(3) a transcript of the alien’s protection merits
interview;‘‘(4) the final record of the alien’s protection
merits interview;

15‘‘(5) a sworn statement from the alien identi-

16

fying new evidence or alleged error and any accom-

17

panying information the alien or the alien’s legal

18

representative considers important; and19‘‘(6) any additional materials, information, or

20

facts inserted into the record.

21‘‘(d) DECISIONS.—Any final determination made by

22 a panel of the Protection Appellate Board shall be by ma23 jority decision, independently submitted by each member
24 of the panel.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

1991‘‘(e) EXCLUSIVE JURISDICTION.—The Protection Ap-

2 pellate Board shall have exclusive jurisdiction to review
3 appeals of negative protections merits determinations.
4‘‘(f) PROTECTIONS FOR DECISIONS BASED ON MER-5ITS OF CASE.—The Director of U.S. Citizenship and Im-

6 migration Services may not impose restrictions on an asy7 lum officer’s ability to grant or deny relief or protection
8 based on a numerical limitation.
9‘‘(g) REPORTS.—

10‘‘(1) IN GENERAL.—Not later than 1 year after11

the date of the enactment of this section, and annu-

12ally thereafter, the Secretary—

13‘‘(A) shall submit a report to the appro-

14

priate committees of the Congress that in-15

cludes, for the preceding year—

16‘‘(i) the number of petitions for review

17submitted by aliens under section 240D(e)18of the Immigration and Nationality Act;

19‘‘(ii) the number of appeals considered

20

by the Protection Appellate Board under

21

such section that resulted in a grant of re-22

lief or protection;

23‘‘(iii) the number of appeals consid-

24

ered by the Protection Appellate Board

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

200
1

under such section that resulted in a denial2of relief or protection;

3‘‘(iv) the geographic regions in which4

the members of the Protection Appellate

5

Board held their primary duty station;

67‘‘(v) the tenure of service of the members of the Protection Appellate Board;

8‘‘(vi) a description of any anomalous

9case outcome identified by the Secretary

10and the resolution of any such case out-

11

come;

12
13

‘‘(vii) the number of unanimous decisions by the Protection Appellate Board;

14‘‘(viii) an identification of the number

15

of cases the Protection Appellate Board16

was unable to complete in the timelines

17

specified under section 240D(e) of the Im-

18

migration and Nationality Act; and19‘‘(ix) a description of any steps taken

20

to remediate any backlog identified under21

clause (viii), as applicable; and22‘‘(B) in submitting each such report, shall23

protect all personally identifiable information of24

Federal employees and aliens who are subject to25

the reporting under this subsection.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

2011‘‘(2) APPROPRIATE COMMITTEES OF CONGRESS

2

DEFINED.—In this subsection, the term ‘appropriate

3

committees of Congress’ means—4‘‘(A) the Committee on Appropriations of

5

the Senate;6‘‘(B) the Committee on the Judiciary of7

the Senate;8‘‘(C) the Committee on Homeland Security

9and Governmental Affairs of the Senate;

10‘‘(D) the Committee on Appropriations of

11

the House of Representatives;

12‘‘(E) the Committee on the Judiciary of

13

the House of Representatives; and14‘‘(F) the Committee on Homeland Security

15of the House of Representatives.’’.

16(b) CLERICAL AMENDMENT.—The table of contents

17 of the Homeland Security Act of 2002 (6 U.S.C. 101 et
18 seq.) is amended by inserting after the item relating to
19 section 462 the following:‘‘Sec. 463. Protection Appellate Board.’’.

21

TITLE II—ASYLUM PROCESSING
ENHANCEMENTS

22

SEC. 3201. COMBINED SCREENINGS.

20

23

Section 101(a) of the Immigration and Nationality

24 Act (8 U.S.C. 1101(a)) is amended by adding at the end
25 the following:
February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

202
1‘‘(53) The term ‘protection determination’ means—2‘‘(A) a screening conducted pursuant to section

3
4
5
6
7

235(b)(1)(B)(v); or‘‘(B) a screening to determine whether an alien
is eligible for—‘‘(i) withholding of removal under section
241(b)(3); or

8‘‘(ii) protection under the Convention

9

against Torture and Other Cruel, Inhuman or

10

Degrading Treatment or Punishment, done at

11

New York December 10, 1984, which includes

12

the regulations implementing any law enacted

13

pursuant to Article 3 of such convention.

14‘‘(54) The term ‘protection merits interview’ means

15 an interview to determine whether an alien—
16‘‘(A) meets the definition of refugee under17

paragraph (42), in accordance with the terms and18

conditions under section 208;

1920‘‘(B) is eligible for withholding of removal
under section 241(b)(3); or21‘‘(C) is eligible for protection under the Conven-

22tion against Torture and Other Cruel, Inhuman or

23

Degrading Treatment or Punishment, done at New

24

York December 10, 1984, which includes the regula-

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

203
1

tions implementing any law enacted pursuant to Ar-

2

ticle 3 of such convention.’’.

3

SEC. 3202. CREDIBLE FEAR STANDARD AND ASYLUM BARS

45AT SCREENING INTERVIEW.

Section 235(b)(1)(B) of the Immigration and Nation-

6 ality Act (8 U.S.C. 1225(b)(1)(B)) is amended—
7(1) in clause (v), by striking ‘‘significant possi-

8bility’’ and inserting ‘‘reasonable possibility’’; and9(2) by adding at the end, the following:

10‘‘(vi) ASYLUM EXCEPTIONS.—An asy-11

lum officer, during the credible fear screen-12

ing of an alien—

13‘‘(I) shall determine whether any

14of the asylum exceptions under section

15

208(b)(2) disqualify the alien from re-16

ceiving asylum; and17‘‘(II) may determine that the18

alien does not meet the definition of

19

credible fear of persecution under20

clause (v) if any such exceptions

21

apply, including whether any such ex-

22

emptions to such disqualifying excep-

23

tions may apply.’’.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

204
1

SEC. 3203. INTERNAL RELOCATION.

2(a) IN GENERAL.—Section 208(b)(2)(A) of the Im-

3 migration and Nationality Act (8 U.S.C. 1158(b)(2)(A))
4 is amended—
5(1) in clause (v), by striking ‘‘or’’ at the end;

6(2) in clause (vi), by striking the period at the7

end and inserting ‘‘; or’’; and8(3) by adding at the end the following:

9‘‘(vii) there are reasonable grounds for

10

concluding that the alien could avoid perse-

11

cution by relocating to—12‘‘(I) another location in the13

alien’s country of nationality; or14‘‘(II) in the case of an alien hav-

15

ing no nationality, another location in16

the alien’s country of last habitual

17

residence.’’.

18(b) INAPPLICABILITY.—Section 244(c)(2)(B)(ii) of

19 theImmigration

andNationality

Act

(8

U.S.C.

20 1254a(c)(2)(B)(ii)) is amended by inserting ‘‘clauses (i)21 through (vi) of’’ after ‘‘described in’’.
22

SEC. 3204. ASYLUM OFFICER CLARIFICATION.

23

Section 235(b)(1)(E) of the Immigration and Nation-

24 ality Act (8 U.S.C. 1225(b)(1)(E)) is amended—

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

205
1(1) in clause (i), by striking ‘‘comparable to’’2

and all that follows and inserting ‘‘, including non-3

adversarial techniques;’’;4(2) in clause (ii), by striking the period at the5

end and inserting ‘‘; and’’; and6(3) by adding at the end the following:

7‘‘(iii)(I) is an employee of U.S. Citi-

8zenship and Immigration Services; and9‘‘(II) is not a law enforcement offi-

10
11
12
13
14

cer.’’.

TITLE III—SECURING AMERICA
Subtitle A—Border Emergency
Authority
SEC. 3301. BORDER EMERGENCY AUTHORITY.

15(a) IN GENERAL.—Chapter 4 of title II of the Immi-

16 gration and Nationality Act (8 U.S.C. 1221 et seq.), as
17 amended by section 3146(a), is further amended by add18 ing at the end the following:
19‘‘SEC. 244B. BORDER EMERGENCY AUTHORITY.

20‘‘(a) USE OF AUTHORITY.—

21‘‘(1) IN GENERAL.—In order to respond to ex-

22

traordinary migration circumstances, there shall be

23

available to the Secretary, notwithstanding any other24

provision of law, a border emergency authority.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

206
1‘‘(2) EXCEPTIONS.—The border emergency au-

2

thority shall not be activated with respect to any of3

the following:

4
5
6
7

‘‘(A) A citizen or national of the UnitedStates.
‘‘(B) An alien who is lawfully admitted forpermanent residence.

8‘‘(C) An unaccompanied alien child.

9‘‘(D) An alien who an immigration officer

10

determines, with the approval of a supervisory11

immigration officer, should be excepted from12

the border emergency authority based on the to-13tality of the circumstances, including consider-14

ation of significant law enforcement, officer and15

public safety, humanitarian, and public health16

interests, or an alien who an immigration offi-

17

cer determines, in consultation with U.S. Immi-

18

gration and Customs Enforcement, should be

19

excepted from the border emergency authority

20

due to operational considerations.

21‘‘(E) An alien who is determined to be a22

victim of a severe form of trafficking in persons

23(as defined in section 103 of the Trafficking

24

Victims Protection Act of 2000 (22 U.S.C.

257102)).

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

207
1‘‘(F) An alien who has a valid visa or other2

lawful permission to enter the United States,3

including—4‘‘(i) a member of the Armed Forces of5

the United States and associated per-6sonnel, United States Government employ-7

ees or contractors on orders abroad, or

8United States Government employees or

9contractors, and an accompanying family

10

member who is on orders or is a member

11of the alien’s household, subject to re-

12quired assurances;13‘‘(ii) an alien who holds a valid travel

14

document upon arrival at a port of entry;

15‘‘(iii) an alien from a visa waiver pro-

16

gram country under section 217 who is not17

otherwise subject to travel restrictions and18

who arrives at a port of entry; or19‘‘(iv) an alien who presents at a port

20

of entry pursuant to a process approved by

21

the Secretary to allow for safe and orderly

22

entry into the United States.

23‘‘(3) APPLICABILITY.—The border emergency

24

authority shall only be activated as to aliens who are25

not subject to an exception under paragraph (2),February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

208
1

and who are, after the authority is activated, within

2

100 miles of the United States southwest land bor-

3

der and within the 14-day period after entry.

4

‘‘(b)

5

SCRIBED.—BORDEREMERGENCY

AUTHORITY

DE-6‘‘(1) IN GENERAL.—Whenever the border emer-

7

gency authority is activated, the Secretary shall have

8

the

9

unreviewable discretion, to summarily remove from10

and prohibit, in whole or in part, entry into the11

United States of any alien identified in subsection

12(a)(3) who is subject to such authority in accordance

13

with this subsection.

14
15

authority,

in

the

Secretary’s

sole

and

‘‘(2) TERMS AND CONDITIONS.—‘‘(A)

SUMMARYREMOVAL.—Notwith-16

standing any other provision of this Act, subject

17

to subparagraph (B), the Secretary shall issue

18

a summary removal order and summarily re-19

move an alien to the country of which the alien20

is a subject, national, or citizen (or, in the case21of an alien having no nationality, the country of22

the alien’s last habitual residence), or in accord-

23

ance with the processes established under sec-

24

tion 241, unless the summary removal of the

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

209
1

alien to such country would be prejudicial to2

the interests of the United States.

3‘‘(B) WITHHOLDING

4AND

CONVENTIONAGAINST TORTURE INTERVIEWS.—

5‘‘(i) IN GENERAL.—In the case of an

6alien subject to the border emergency au-

7thority who manifests a fear of persecution

8

or torture with respect to a proposed coun-9

try of summary removal, an asylum officer10(as defined in section 235(b)(1)(E)) shall11

conduct an interview, during which the12asylum officer shall determine that, if such

13

alien demonstrates during the interview

14that the alien has a reasonable possibility

15of persecution or torture, such alien shall16

be referred to or placed in proceedings

17

under section 240 or 240D, as appro-

18

priate.

19‘‘(ii) SOLE MECHANISM TO REQUEST20

PROTECTION.—An21

subparagraph conducted by an asylum offi-

22

cer shall be the sole mechanism by which

23

an alien described in clause (i) may make24

a claim for protection under—

25

February 4, 2024 (6:13 p.m.)interview under this‘‘(I) section 241(b)(3); andU:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

210
1‘‘(II) the Convention Against

2

Torture.

3‘‘(iii) ALIENREFERRED FOR ADDI-

4

TIONAL PROCEEDINGS.—In the case of an5alien interviewed under clause (i) who dem-

6

onstrates that the alien is eligible to apply

7

for protection under section 241(b)(3) or

8

the

9

alien—

10
11

Convention

AgainstTorture,the‘‘(I) shall not be summarily removed; and12‘‘(II) shall instead be processed

13

under section 240 or 240D, as appro-

14

priate.

15‘‘(iv) ADDITIONAL REVIEW.—

16‘‘(I) OPPORTUNITY

FOR

SEC-

17

ONDARY REVIEW.—A supervisory asy-18

lum officer shall review any case in19

which the asylum officer who inter-20

viewed the alien under the procedures

21in clause (iii) finds that the alien is22

not eligible for protection under sec-

23

tion 241(b)(3) or the Convention

24

Against Torture.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

211
1‘‘(II)VACATUR.—If,

in

con-

2

ducting such a secondary review, the3supervisory asylum officer determines

4

that the alien demonstrates eligibility

5

for such protection—

6‘‘(aa) the supervisory asylum

7

officer shall vacate the previous

8

negative determination; and9‘‘(bb) the alien shall instead10

be processed under section 240

11or 240D.

12‘‘(III) SUMMARYREMOVAL.—If

13

an alien does not seek such a sec-

14

ondary review, or if the supervisory15

asylum officer finds that such alien is16

not eligible for such protection, the17supervisory asylum officer shall order18

the alien summarily removed without

19

further review.

20‘‘(3) ACTIVATIONS OF AUTHORITY.—

21‘‘(A) DISCRETIONARYACTIVATION.—The

22

Secretary may activate the border emergency

23

authority if, during a period of 7 consecutive

24

calendar days, there is an average of 4,000 or

25

more aliens who are encountered each day.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

212
1‘‘(B) MANDATORY ACTIVATION.—The Sec-2

retary shall activate the border emergency au-

3thority if—

4‘‘(i) during a period of 7 consecutive

5

calendar days, there is an average of 5,000

6or more aliens who are encountered each

7day; or8‘‘(ii) on any 1 calendar day, a com-9

bined total of 8,500 or more aliens are en-

10

countered.

11‘‘(C) CALCULATION OF ACTIVATION.—

12‘‘(i) IN GENERAL.—For purposes of13

subparagraphs (A) and (B), the average

14

for the applicable 7-day period shall be cal-15

culated using—16‘‘(I) the sum of—17‘‘(aa) the number of encoun-

18

ters

19

southwest land border ports of20

entry of the United States;

that

occur

betweenthe

21‘‘(bb) the number of encoun-

22

ters that occur between the ports

23

of

24

coastal borders; andFebruary 4, 2024 (6:13 p.m.)

entry

along

the

southern

U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

213
1‘‘(cc) the number of inad-2

missible aliens encountered at a3

southwest land border port of4

entry as described in subsection

5(a)(2)(F)(iv); divided by

6‘‘(II) 7.

7‘‘(ii) LIMITATION.—Aliens described8

in subsection (a)(2)(C) from noncontiguous

9

countries shall not be included in calcu-

10

lating the sum of aliens encountered.

11‘‘(4) LIMITATIONS.—

12‘‘(A) IN GENERAL.—For purposes of para-

13

graph (3), the Secretary shall not activate the14border emergency authority—

15‘‘(i) during the first calendar year

16

after the effective date, for more than 270

17calendar days;

18‘‘(ii) during the second calendar year

19

after the effective date, for more than 225

20days; and21‘‘(iii) during the third calendar year,

22

for more than 180 calendar days.

23‘‘(B) IMPLEMENTATION.—When the au-

24

thority is activated, the Secretary shall imple-

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

214
1

ment the authority within 24 hours of such ac-

2

tivation.

3‘‘(5) SUSPENSIONS OF AUTHORITY.—The Sec-4

retary shall suspend activation of the border emer-

5

gency authority, and the procedures under sub-6

sections (a), (b), (c), and (d), not later than 14 cal-

7

endar days after the date on which the following oc-

8curs, as applicable:

9‘‘(A) In the case of an activation under10

subparagraph (A) of paragraph (3), there is11

during a period of 7 consecutive calendar days

12

an average of less than 75 percent of the en-

13

counter level used for activation.

14‘‘(B) In the case of an activation under15

clause (i) or (ii) of paragraph (3)(B), there is16

during a period of 7 consecutive calendar days

17

an average of less than 75 percent of the en-18

counter level described in such clause (i).

19‘‘(6) WAIVERS

20
21

OF ACTIVATION OF AUTHOR-

ITY.—‘‘(A) FIRSTCALENDAR YEAR.—Notwith-22

standing paragraph (3), beginning the first cal-23

endar year after the effective date, the Sec-24

retary shall only have the authority to activate

25

the border emergency authority for 270 cal-February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

215
1

endar days during the calendar year, provided

2

that—

3

‘‘(i) for the first 90 calendar days in4which any of the requirements of para-

5graph (3) have been satisfied, the Sec-6

retary shall be required to activate such

7

authority;

8‘‘(ii) for the remaining 180 days that9

the authority is available in the calendar

10

year, the Secretary may, in the sole,

11

unreviewable, and exclusive discretion of

12

the Secretary, determine whether to acti-

13

vate the requirements of the border emer-

14

gency authority under paragraph (3)(B)

15

until the number of days that the authority

16

has not been activated is equal to the num-17

ber of days left in the calendar year; and18‘‘(iii) when the number of calendar

19days remaining in the calendar year is20

equal to the number of days that the au-

21

thority has not been activated, the Sec-22

retary shall be required to activate the bor-

23

der emergency authority for the remainder

24of the calendar year on days during which

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

216
1

the requirements of paragraph (3)(B) have2

been satisfied.

3‘‘(B) SECOND CALENDAR YEAR.—Notwith-4

standing paragraph (3), beginning the second

5calendar year after the effective date, the Sec-6

retary shall only have the authority to activate

7

the border emergency authority for 225 cal-

8

endar days during the calendar year, provided

9

that—

10

‘‘(i) during the first 75 calendar days

11

during which any of the requirements of

12paragraph (3) have been satisfied, the Sec-13

retary shall be required to activate the au-

14

thority;15‘‘(ii) for the remaining 150 days that16

the authority is available in the calendar

17

year, the Secretary may, in the sole,

18

unreviewable, and exclusive discretion of

19

the Secretary, determine whether to acti-

20

vate the requirements of the border emer-

21

gency authority under paragraph (3)(B)

22

until the number of days that the authority

23

has not been activated is equal to the num-24

ber of days left in the calendar year; andFebruary 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

217
1‘‘(iii) when the number of calendar

2days remaining in the calendar year is3

equal to the number of days that the au-

4thority has not been activated, the Sec-5

retary shall be required to activate the bor-

6

der emergency authority for the remainder

7of the calendar year on days during which8

the requirements of paragraph (3)(B) have9

been satisfied.

10‘‘(C) THIRD CALENDAR YEAR.—Notwith-11

standing paragraph (3), beginning the third cal-

12

endar year after the effective date, the Sec-13

retary shall only have the authority to activate

14

the border emergency authority for 180 cal-15

endar days during the calendar year, provided

16

that—

17

‘‘(i) during the first 60 calendar days

18

during which any of the requirements of

19paragraph (3) have been satisfied, the Sec-20

retary shall be required to activate the au-

21

thority;22‘‘(ii) for the remaining 120 days that23

the authority is available in each calendar

24

year, the Secretary may, in the sole,25

unreviewable, and exclusive discretion of

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

218
1

the Secretary, determine whether to acti-

2vate the requirements of the border emer-3

gency authority under paragraph (3)(B)

4

until the number of days that the authority

5

has not been activated is equal to the num-6

ber of days left in the calendar year; and7‘‘(iii) when the number of calendar

8days remaining in the calendar year is9equal to the number of days that the au-

10thority has not been activated, the Sec-11

retary shall be required to activate the bor-

12

der emergency authority for the remainder

13of the calendar year on days during which14

the requirements of paragraph (3)(B) have15

been satisfied.

16‘‘(7) EMERGENCY

17

SUSPENSIONOFAUTHOR-

ITY.—18‘‘(A) IN GENERAL.—If the President finds

19that it is in the national interest to temporarily

20

suspend the border emergency authority, the21

President may direct the Secretary to suspend

22

use of the border emergency authority on an

23

emergency basis.

24‘‘(B) DURATION.—In the case of a direc-

25tion from the President under subparagraphFebruary 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

219
1(A), the Secretary shall suspend the border2

emergency authority for not more than 45 cal-3

endar days within a calendar year, notwith-4

standing any limitations on the use of the au-

5thority described in this subsection.

6‘‘(c) CONTINUED ACCESSTO

SOUTHWEST LAND

7 BORDER PORTS OF ENTRY.—
8‘‘(1) IN GENERAL.—During any activation of9

the border emergency authority under subsection

10(b), the Secretary shall maintain the capacity to

11

process, and continue processing, under section 235

12

or 235B a minimum of 1,400 inadmissible aliens

13each calendar day cumulatively across all southwest

14

land border ports of entry in a safe and orderly

15

process developed by the Secretary.

16‘‘(2) SPECIAL RULES.—

17‘‘(A) UNACCOMPANIED ALIEN CHILDREN18EXCEPTION.—For19

the number under paragraph (1), the Secretary

20

shall count all unaccompanied alien children,21

who are nationals of contiguous countries, proc-

22

essed at southwest land border ports of entry,

23

but shall not count such children who are na-

24tionals of noncontiguous countries.

February 4, 2024 (6:13 p.m.)

the purpose of calculatingU:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

220
1‘‘(B) TRANSITION RULES.—The provisions

2of section 244A(c) shall apply to this section.

3‘‘(d) BAR TO ADMISSION.—Any alien who, during a

4 period of 365 days, has 2 or more summary removals pur5 suant to the border emergency authority, shall be inadmis6 sible for a period of 1 year beginning on the date of the
7 alien’s most recent summary removal.
8‘‘(e) SAVINGS PROVISIONS.—

9‘‘(1) UNACCOMPANIEDALIENCHILDREN.—

10

Nothing in this section may be construed to interfere

11with the processing of unaccompanied alien children

12

and such children are not subject to this section.

13‘‘(2) SETTLEMENT AGREEMENTS.—Nothing in

14

this section may be construed to interfere with any

15rights or responsibilities established through a settle-

16

ment agreement in effect before the date of the en-17

actment of this section.

18‘‘(3) RULE OF CONSTRUCTION.—For purposes

19of the Convention Relating to the Status of Refu-

20gees, done at Geneva July 28, 1952 (as made appli-

21

cable by the 1967 Protocol Relating to the Status of22

Refugees, done at New York January 31, 1967 (1923UST 6223)), the Convention Against Torture, and24

any other applicable treaty, as applied to this sec-

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

221
1tion, the interview under this section shall occur only2

in the context of the border emergency authority.

3‘‘(f) JUDICIAL REVIEW.—Judicial review of any deci-

4 sion or action applying the border emergency authority
5 shall be governed only by this subsection as follows:6‘‘(1) Notwithstanding any other provision of7

law, except as provided in paragraph (2), no court

8

or judge shall have jurisdiction to review any cause

9or claim by an individual alien arising from the deci-

10

sion to enter a summary removal order against such

11

alien under this section, or removing such alien pur-12

suant to such summary removal order.

13‘‘(2) The United States District Court for the14

District of Columbia shall have sole and original ju-

15risdiction to hear challenges, whether constitutional16

or otherwise, to the validity of this section or any

17written policy directive, written policy guideline,

18

written procedure, or the implementation thereof,

19

issued by or under the authority of the Secretary to20

implement this section.

21‘‘(g) EFFECTIVE DATE.—

22‘‘(1) IN GENERAL.—This section shall take ef-

23

fect on the day after the date of the enactment of

24

this section.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

222
1‘‘(2) 7-DAY PERIOD.—The initial activation of2

the authority under subparagraph (A) or (B)(i) of

3

subsection (b)(3) shall take into account the average

4number of encounters during the preceding 7 con-5

secutive calendar days, as described in such subpara-

6graphs, which may include the 6 consecutive cal-

7

endar days immediately preceding the date of the8enactment of this section.

9‘‘(h) RULEMAKING.—

10‘‘(1) IN GENERAL.—The Secretary may promul-

11

gate such regulations as are necessary to implement

12

this section in compliance with the requirements of13

section 553 of title 5, United States Code.

14‘‘(2) INITIAL

IMPLEMENTATION.—Until

the

15

date that is 180 days after the date of the enact-

16

ment of this section, the Secretary may issue any in-17

terim final rules necessary to implement this section

18

without having to satisfy the requirements of section

19553(b)(B) of title 5, United States Code, provided

20

that any such interim final rules shall include a 30-

21

day post promulgation notice and comment period

22

prior to finalization in the Federal Register.

23‘‘(3) REQUIREMENT.—All regulations promul-

24

gated to implement this section beginning on the25date that is 180 days after the date of the enact-

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

223
1ment of this section shall be issued pursuant to the2requirements set forth in section 553 of title 5,

3

United States Code.

4‘‘(i) DEFINITIONS.—In this section:

5‘‘(1) BORDER EMERGENCY AUTHORITY.—The

6

term ‘border emergency authority’ means all au-

7

thorities and procedures under this section.

8‘‘(2) CONVENTIONAGAINSTTORTURE.—The

9

term ‘Convention Against Torture’ means the Con-10

vention against Torture and Other Cruel, Inhuman11

or Degrading Treatment or Punishment, done at

12

New York December 10, 1984, and includes the reg-

13

ulations implementing any law enacted pursuant to14

Article 3 of the Convention against Torture and15

Other Cruel, Inhuman or Degrading Treatment or

16

Punishment, done at New York December 10, 1984.

17‘‘(3) ENCOUNTER.—With respect to an alien,

18
19
20

the term ‘encounter’ means an alien who—‘‘(A) is physically apprehended by U.S.
Customs and Border Protection personnel—

21‘‘(i) within 100 miles of the southwest

22

land border of the United States during

23

the 14-day period immediately after entry

24

between ports of entry; orFebruary 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

224
1‘‘(ii) at the southern coastal borders

2

during the 14-day period immediately after3

entry between ports of entry; or

4‘‘(B) is seeking admission at a southwest

5

land border port of entry and is determined to6

be inadmissible, including an alien who utilizes

7

a process approved by the Secretary to allow for8

safe and orderly entry into the United States.

9‘‘(4) SECRETARY.—The term ‘Secretary’ means

10

the Secretary of Homeland Security.

11‘‘(5) SOUTHERN COASTAL BORDERS.—The term

12‘southern coastal borders’ means all maritime bor-

13

ders in California, Texas, Louisiana, Mississippi,

14

Alabama, and Florida.

15

‘‘(6)

UNACCOMPANIEDALIENCHILD.—The

16

term ‘unaccompanied alien child’ has the meaning

17

given such term in section 462(g)(2) of the Home-18

land Security Act of 2002 (6 U.S.C. 279(g)(2)).

19‘‘(j) SUNSET.—This section—

20
21
22

‘‘(1) shall take effect on the date of the enactment of this section; and‘‘(2) shall be repealed effective as of the date

23

that is 3 years after such date of enactment.’’.

24(b) CLERICAL AMENDMENT.—The table of contents

25 of the Immigration and Nationality Act (8 U.S.C. 1101

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

225
1 et seq.), as amended by section 3146(b), is further amend2 ed by inserting after the item relating to section 244A the
3 following:‘‘Sec. 244B Border emergency authority.’’.

4

Subtitle B—FEND Off Fentanyl Act

5

SEC. 3311. SHORT TITLES.

6

This subtitle may be cited as the ‘‘Fentanyl Eradi-

7 cation and Narcotics Deterrence Off Fentanyl’’ or the
8 ‘‘FEND Off Fentanyl Act’’.
9

SEC. 3312. SENSE OF CONGRESS.

10

It is the sense of Congress that—11(1) the proliferation of fentanyl is causing an

12unprecedented surge in overdose deaths in the13

United States, fracturing families and communities,

14

and necessitating a comprehensive policy response to15

combat its lethal flow and to mitigate the drug’s

16devastating consequences;17(2) the trafficking of fentanyl into the United

18

States is a national security threat that has killed

19

hundreds of thousands of United States citizens;

20(3) transnational criminal organizations, includ-21

ing cartels primarily based in Mexico, are the main

22

purveyors of fentanyl into the United States and23

must be held accountable;

24
25
February 4, 2024 (6:13 p.m.)(4) precursor chemicals sourced from the People’s Republic of China are—

U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

226
1
2
3

(A) shipped from the People’s Republic ofChina by legitimate and illegitimate means;(B) transformed through various synthetic

4

processes

5

fentanyl; andtoproducedifferent

forms

of

6

(C) crucial to the production of illicit

7

fentanyl by transnational criminal organiza-

8

tions, contributing to the ongoing opioid crisis;

9(5) the United States Government must remain

10

vigilant to address all new forms of fentanyl precur-

11

sors and drugs used in combination with fentanyl,

12such as Xylazine, which attribute to overdose deaths

13of people in the United States;

14(6) to increase the cost of fentanyl trafficking,15

the United States Government should work collabo-

16

ratively across agencies and should surge analytic

17

capability to impose sanctions and other remedies

18with respect to transnational criminal organizations

19(including cartels), including foreign nationals who

20

facilitate the trade in illicit fentanyl and its precur-

21

sors from the People’s Republic of China; and

22(7) the Department of the Treasury should

23

focus on fentanyl trafficking and its facilitators as

24

one of the top national security priorities for the De-

25partment.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

227
1

SEC. 3313. DEFINITIONS.

2

In this subtitle:

3(1) APPROPRIATE

4

TEES.—The

5

mittees’’ means—67term ‘‘appropriate congressional com-and Urban Affairs of the Senate;(B) the Committee on Foreign Relations of
the Senate;

10
11

COMMIT-(A) the Committee on Banking, Housing,

8
9

CONGRESSIONAL(C) the Committee on Financial Services ofthe House of Representatives; and12(D) the Committee on Foreign Affairs of13

the House of Representatives.

14(2) FOREIGN PERSON.—The term ‘‘foreign per-

15
16
17
18

son’’—(A) means—(i) any citizen or national of a foreigncountry; or19(ii) any entity not organized under the20

laws of the United States or a jurisdiction

21

within the United States; and

22(B) does not include the government of a23

foreign country.

24(3) KNOWINGLY.—The term ‘‘knowingly’’, with25

respect to conduct, a circumstance, or a result,

26

means that a person has actual knowledge, or should

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

228
1have known, of the conduct, the circumstance, or the2

result.

3(4) TRAFFICKING.—The term ‘‘trafficking’’,

4with respect to fentanyl, fentanyl precursors, or5other related opioids, has the meaning given the6term ‘‘opioid trafficking’’ in section 7203(8) of the

7

Fentanyl Sanctions Act (21 U.S.C. 2302(8)).

8(5)

TRANSNATIONAL

CRIMINAL

ORGANIZA-

9

TION.—The term ‘‘transnational criminal organiza-

10

tion’’ includes—

11(A) any organization designated as a sig-

12nificant transnational criminal organization

13

under part 590 of title 31, Code of Federal

14

Regulations;15(B) any of the organizations known as—

16(i) the Sinaloa Cartel;

17(ii) the Jalisco New Generation Car-

18

tel;

19

(iii) the Gulf Cartel;

20(iv) the Los Zetas Cartel;

21(v) the Juarez Cartel;

22(vi) the Tijuana Cartel;

23(vii) the Beltran-Leyva Cartel; or24(viii) La Familia Michoacana; or

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

229
1(C) any successor organization to an orga-

2

nization described in subparagraph (B) or as

3otherwise determined by the President.

4

(6)

5

UNITED

STATESPERSON.—The

term‘‘United States person’’ means—

6(A) a United States citizen or an alien law-7

fully admitted for permanent residence to the8United States;

9(B) an entity organized under the laws of

10

the United States or of any jurisdiction within

11

the United States, including a foreign branch of

12such an entity; or

13(C) any person in the United States.

14

CHAPTER 1—SANCTIONS MATTERS

15 Subchapter A—Sanctions in Response to Na16

tional Emergency Relating to Fentanyl

17

Trafficking

18

SEC. 3314. FINDING; POLICY.

19(a) FINDING.—Congress finds that international

20 trafficking of fentanyl, fentanyl precursors, or other re21 lated opioids constitutes an unusual and extraordinary
22 threat to the national security, foreign policy, and econ23 omy of the United States, and is a national emergency.
24(b) POLICY.—It shall be the policy of the United

25 States to apply economic and other financial sanctions to

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

230
1 those who engage in the international trafficking of
2 fentanyl, fentanyl precursors, or other related opioids to
3 protect the national security, foreign policy, and economy
4 of the United States.
5

SEC. 3315. USE OF NATIONAL EMERGENCY AUTHORITIES;

6
7REPORTING.

(a) IN GENERAL.—The President may exercise all

8 authorities provided under sections 203 and 205 of the
9 International Emergency Economic Powers Act (5010 U.S.C. 1702 and 1704) to carry out this subchapter.
11(b) REPORT REQUIRED.—

12(1) IN GENERAL.—Not later than 180 days

13

after the date of the enactment of this Act, and an-

14nually thereafter, the President shall submit to the15

appropriate congressional committees a report on ac-

16

tions taken by the executive branch pursuant to this17

subchapter and any national emergency declared

18with respect to the trafficking of fentanyl and trade19

in other illicit drugs, including—2021(A) the issuance of any new or revised regulations, policies, or guidance;

22(B) the imposition of sanctions;23(C) the collection of relevant information24

February 4, 2024 (6:13 p.m.)from outside parties;

U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

231
1(D) the issuance or closure of general li-

2

censes, specific licenses, and statements of li-

3censing policy by the Office of Foreign Assets

4

Control;

5(E) a description of any pending enforce-

6

ment cases; and7(F) the implementation of mitigation pro-8

cedures.

9(2) FORM OF REPORT.—Each report required

10

under paragraph (1) shall be submitted in unclassi-

11

fied form, but may include the matters required

12

under subparagraphs (C), (D), (E), and (F) of such13

paragraph in a classified annex.

14

SEC. 3316. IMPOSITION OF SANCTIONS WITH RESPECT TO

15

FENTANYL

16

TRANSNATIONAL CRIMINAL ORGANIZATIONS.

17(a) IN GENERAL.—The President shall impose the

TRAFFICKING

BY

18 sanctions described in subsection (b) with respect to any
19 foreign person the President determines—
20(1) is knowingly involved in the significant traf-

21

ficking of fentanyl, fentanyl precursors, or other re-22

lated opioids, including such trafficking by a23transnational criminal organization; or

24(2) otherwise is knowingly involved in signifi-

25

cant activities of a transnational criminal organiza-

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

232
1tion relating to the trafficking of fentanyl, fentanyl

2

precursors, or other related opioids.

3(b) SANCTIONS DESCRIBED.—The President, pursu-

4 ant to the International Emergency Economic Powers Act
5 (50 U.S.C. 1701 et seq.), may block and prohibit all trans6 actions in property and interests in property of a foreign
7 person described in subsection (a) if such property and8 interests in property are in the United States, come within
9 the United States, or are or come within the possession
10 or control of a United States person.
11(c) REPORT REQUIRED.—Not later than 180 days

12 after the date of the enactment of this Act, and annually
13 thereafter, the President shall submit to the appropriate
14 congressional committees a report on actions taken by the
15 executive branch with respect to the foreign persons iden16 tified under subsection (a).
17

SEC. 3317. PENALTIES; WAIVERS; EXCEPTIONS.

18(a) PENALTIES.—Any person that violates, attempts

19 to violate, conspires to violate, or causes a violation of this
20 subchapter or any regulation, license, or order issued to
21 carry out this subchapter shall be subject to the penalties
22 set forth in subsections (b) and (c) of section 206 of the
23 International Emergency Economic Powers Act (5024 U.S.C. 1705) to the same extent as a person that commits
25 an unlawful act described in subsection (a) of that section.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

233
1(b) NATIONAL SECURITY WAIVER.—The President

2 may waive the application of sanctions under this sub3 chapter with respect to a foreign person if the President
4 determines that such waiver is in the national security in5 terest of the United States.
67(c) EXCEPTIONS.—(1) EXCEPTIONFORINTELLIGENCEACTIVI-

8

TIES.—This subchapter shall not apply with respect

9

to activities subject to the reporting requirements

10

under title V of the National Security Act of 1947

11

(50 U.S.C. 3091 et seq.) or any authorized intel-

12ligence activities of the United States.

13(2) EXCEPTION FOR COMPLIANCE WITH INTER-

14NATIONAL OBLIGATIONS AND LAW ENFORCEMENT

15ACTIVITIES.—Sanctions under this subchapter shall16

not apply with respect to an alien if admitting or pa-

17

roling the alien into the United States is nec-

18

essary—19(A) to permit the United States to comply

20with the Agreement regarding the Head-

21

quarters of the United Nations, signed at Lake

22

Success on June 26, 1947, and entered into

23

force November 21, 1947, between the United

24

Nations and the United States, or other appli-

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

234
1cable international obligations of the United

2States; or

3(B) to carry out or assist law enforcement

4

activity of the United States.

5(3) HUMANITARIANEXEMPTION.—The

Presi-

6dent may not impose sanctions under this sub-7

chapter with respect to any person for conducting or

8facilitating a transaction for the sale of agricultural

9

commodities, food, medicine, or medical devices or

10

for the provision of humanitarian assistance.

11

SEC. 3318. TREATMENT OF FORFEITED PROPERTY OF

12

TRANSNATIONAL CRIMINAL ORGANIZATIONS.

13(a) TRANSFER OF FORFEITED PROPERTY TO FOR-

14

FEITURE FUNDS.—

15(1) IN GENERAL.—Any covered forfeited prop-

16

erty shall be deposited into the Department of the17

Treasury Forfeiture Fund established under section

189705 of title 31, United States Code, or the Depart-

19

ment of Justice Assets Forfeiture Fund established20

under section 524(c) of title 28, United States Code.

21(2) REPORT REQUIRED.—Not later than 180

22days after the date of the enactment of this Act, and23

every 180 days thereafter, the President shall sub-24

mit to the appropriate congressional committees a25

report on any deposits made under paragraph (1)February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

235
1during the 180-day period preceding submission of2

the report.

3(3)

COVEREDFORFEITEDPROPERTY

DE-

4

FINED.—In this subsection, the term ‘‘covered for-5

feited property’’ means property—

6(A) forfeited to the United States under7

chapter 46 or section 1963 of title 18, United

8

States Code; and

9(B) that belonged to or was possessed by

10an individual affiliated with or connected to a11transnational criminal organization subject to12sanctions under—

13(i) this subchapter;

14(ii) the Fentanyl Sanctions Act (2115

U.S.C. 2301 et seq.); or

16

(iii)

Executive

Order

14059

(50

17

U.S.C. 1701 note; relating to imposing

18

sanctions on foreign persons involved in19

the global illicit drug trade).

20(b) BLOCKED ASSETS UNDER TERRORISM RISK IN-

21

SURANCE ACT OF 2002.—Nothing in this subchapter may

22 be construed to affect the treatment of blocked assets of
23 a terrorist party described in section 201(a) of the Ter24 rorism Risk Insurance Act of 2002 (28 U.S.C. 1610 note).

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

236
1

Subchapter B—Other Matters

2

SEC. 3319. TEN-YEAR STATUTE OF LIMITATIONS FOR VIOLA-3TIONS OF SANCTIONS.

4(a) INTERNATIONAL EMERGENCY ECONOMIC POW-5ERS ACT.—Section 206 of the International Emergency

6 Economic Powers Act (50 U.S.C. 1705) is amended by
7 adding at the end the following:
8‘‘(d) STATUTE OF LIMITATIONS.—

9‘‘(1) TIME FOR COMMENCING PROCEEDINGS.—

10‘‘(A) IN GENERAL.—An action, suit, or

11

proceeding for the enforcement of any civil fine,12

penalty, or forfeiture, pecuniary or otherwise,

13

under this section shall not be entertained un-

14

less commenced within 10 years after the latest

15

date of the violation upon which the civil fine,16

penalty, or forfeiture is based.

17‘‘(B) COMMENCEMENT.—For purposes of18

this paragraph, the commencement of an ac-

19tion, suit, or proceeding includes the issuance of20

a pre-penalty notice or finding of violation.

21‘‘(2) TIME FOR INDICTMENT.—No person shall22

be prosecuted, tried, or punished for any offense

23

under subsection (c) unless the indictment is found24

or the information is instituted within 10 years after

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

237
1

the latest date of the violation upon which the in-2

dictment or information is based.’’.

3(b) TRADING WITH THE ENEMY ACT.—Section 16

4 of the Trading with the Enemy Act (50 U.S.C. 4315) is
5 amended by adding at the end the following:
6‘‘(d) STATUTE OF LIMITATIONS.—

7‘‘(1) TIME FOR COMMENCING PROCEEDINGS.—

8‘‘(A) IN GENERAL.—An action, suit, or

9

proceeding for the enforcement of any civil fine,10

penalty, or forfeiture, pecuniary or otherwise,

11

under this section shall not be entertained un-

12less commenced within 10 years after the latest

13

date of the violation upon which the civil fine,14

penalty, or forfeiture is based.

15‘‘(B) COMMENCEMENT.—For purposes of

16

this paragraph, the commencement of an ac-

17tion, suit, or proceeding includes the issuance of18

a pre-penalty notice or finding of violation.

19‘‘(2) TIME FOR INDICTMENT.—No person shall20

be prosecuted, tried, or punished for any offense

21

under subsection (a) unless the indictment is found22or the information is instituted within 10 years after

23

the latest date of the violation upon which the in-24

dictment or information is based.’’.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

238
1

SEC. 3320. CLASSIFIED REPORT AND BRIEFING ON STAFF-2

ING OF OFFICE OF FOREIGN ASSETS CON-

3

TROL.

4

Not later than 180 days after the date of the enact-

5 ment of this Act, the Director of the Office of Foreign
6 Assets Control shall provide to the appropriate congres7 sional committees a classified report and briefing on the
8 staffing of the Office of Foreign Assets Control,
9 disaggregated by staffing dedicated to each sanctions pro10 gram and each country or issue.
11

SEC. 3321. REPORT ON DRUG TRANSPORTATION ROUTES

12

AND USE OF VESSELS WITH MISLABELED

13

CARGO.

14

Not later than 180 days after the date of the enact-

15 ment of this Act, the Secretary of the Treasury, in con16 junction with the heads of other relevant Federal agencies,
17 shall provide to the appropriate congressional committees
18 a classified report and briefing on efforts to target drug
19 transportation routes and modalities, including an assess20 ment of the prevalence of false cargo labeling and ship21 ment of precursor chemicals without accurate tracking of
22 the customers purchasing the chemicals.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

239
1

SEC. 3322. REPORT ON ACTIONS OF PEOPLE’S REPUBLIC OF

2

CHINA

3

VOLVED IN FENTANYL SUPPLY CHAIN.

4

Not later than 180 days after the date of the enact-

WITH

RESPECTTOPERSONSIN-

5 ment of this Act, the Secretary of the Treasury, in con6 junction with the heads of other relevant Federal agencies,
7 shall provide to the appropriate congressional committees
8 a classified report and briefing on actions taken by the
9 Government of the People’s Republic of China with respect
10 to persons involved in the shipment of fentanyl, fentanyl
11 analogues, fentanyl precursors, precursors for fentanyl
12 analogues, and equipment for the manufacturing of
13 fentanyl and fentanyl-laced counterfeit pills.
14

CHAPTER 2—ANTI-MONEY LAUNDERING

15

MATTERS

16

SEC. 3323. DESIGNATION OF ILLICIT FENTANYL TRANS-17ACTIONS OF SANCTIONED PERSONS AS OF

18

PRIMARY MONEY LAUNDERING CONCERN.

19(a) IN GENERAL.—Subtitle A of the Fentanyl Sanc-

20 tions Act (21 U.S.C. 2311 et seq.) is amended by inserting
21 after section 7213 the following:
22‘‘SEC. 7213A. DESIGNATION OF TRANSACTIONS OF SANC-

23

TIONED PERSONS AS OF PRIMARY MONEY

24

LAUNDERING CONCERN.

25‘‘(a) IN GENERAL.—If the Secretary of the Treasury

26 determines that reasonable grounds exist for concluding
February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

240
1 that 1 or more financial institutions operating outside of
2 the United States, 1 or more classes of transactions with3 in, or involving, a jurisdiction outside of the United States,
4 or 1 or more types of accounts within, or involving, a juris5 diction outside of the United States, is of primary money
6 laundering concern in connection with illicit opioid traf7 ficking, the Secretary of the Treasury may, by order, regu8 lation, or otherwise as permitted by law—9‘‘(1) require domestic financial institutions and10

domestic financial agencies to take 1 or more of the11

special measures provided for in section 9714(a)(1)12of the National Defense Authorization Act for Fiscal

13

Year 2021 (Public Law 116–283; 31 U.S.C. 5318A

14note); or15‘‘(2) prohibit, or impose conditions upon, cer-16

tain transmittals of funds (to be defined by the Sec-17

retary) by any domestic financial institution or do-

18

mestic financial agency, if such transmittal of funds

19

involves any such institution, class of transaction, or

20

type of accounts.

21‘‘(b) CLASSIFIED INFORMATION.—In any judicial re-

22 view of a finding of the existence of a primary money laun23 dering concern, or of the requirement for 1 or more special
24 measures with respect to a primary money laundering con25 cern made under this section, if the designation or imposi-

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

241
1 tion, or both, were based on classified information (as de2 fined in section 1(a) of the Classified Information Proce3 dures Act (18 U.S.C. App.)), such information may be
4 submitted by the Secretary to the reviewing court ex parte
5 and in camera. This subsection does not confer or imply
6 any right to judicial review of any finding made or any
7 requirement imposed under this section.
8‘‘(c) AVAILABILITY OF INFORMATION.—The exemp-

9 tions from, and prohibitions on, search and disclosure re10 ferred to in section 9714(c) of the National Defense Au11 thorization Act for Fiscal Year 2021 (Public Law 116–
12 283; 31 U.S.C. 5318A note) shall apply to any report or
13 record of report filed pursuant to a requirement imposed
14 under subsection (a). For purposes of section 552 of title
15 5, United States Code, this subsection shall be considered
16 a statute described in subsection (b)(3)(B) of such section.
17‘‘(d) PENALTIES.—The penalties referred to in sec-

18 tion 9714(d) of the National Defense Authorization Act
19 for Fiscal Year 2021 (Public Law 116–283; 31 U.S.C.
20 5318A note) shall apply to violations of any order, regula21 tion, special measure, or other requirement imposed under
22 subsection (a), in the same manner and to the same extent
23 as described in such section 9714(d).
24‘‘(e) INJUNCTIONS.—The Secretary of the Treasury

25 may bring a civil action to enjoin a violation of any order,

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

242
1 regulation, special measure, or other requirement imposed
2 under subsection (a) in the same manner and to the same
3 extent as described in section 9714(e) of the National De4 fense Authorization Act for Fiscal Year 2021 (Public Law
5 116–283; 31 U.S.C. 5318A note).’’.
6(b) CLERICAL AMENDMENT.—The table of contents

7 for the National Defense Authorization Act for Fiscal
8 Year 2020 (Public Law 116–92) is amended by inserting
9 after the item relating to section 7213 the following:‘‘Sec. 7213A. Designation of transactions of sanctioned persons as of primarymoney laundering concern.’’.

10

SEC. 3324. TREATMENT OF TRANSNATIONAL CRIMINAL OR-

11

GANIZATIONS IN SUSPICIOUS TRANSACTIONS12REPORTS OF THE FINANCIAL CRIMES EN-

13

FORCEMENT NETWORK.

14(a) FILING INSTRUCTIONS.—Not later than 180 days

15 after the date of the enactment of this Act, the Director
16 of the Financial Crimes Enforcement Network shall issue
17 guidance or instructions to United States financial institu18 tions for filing reports on suspicious transactions required
19 under section 1010.320 of title 31, Code of Federal Regu20 lations, related to suspected fentanyl trafficking by
21 transnational criminal organizations.
22(b) PRIORITIZATIONOFREPORTS RELATINGTO

23 FENTANYL TRAFFICKING OR TRANSNATIONAL CRIMINAL
24 ORGANIZATIONS.—The Director shall prioritize research

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

243
1 into reports described in subsection (a) that indicate a2 connection to trafficking of fentanyl or related synthetic
3 opioids or financing of suspected transnational criminal
4 organizations.
5

SEC. 3325. REPORT ON TRADE-BASED MONEY LAUNDERING

6

IN TRADE WITH MEXICO, THE PEOPLE’S RE-

7

PUBLIC OF CHINA, AND BURMA.

8(a) IN GENERAL.—In the first update to the national

9 strategy for combating the financing of terrorism and re10 lated forms of illicit finance submitted to Congress after
11 the date of the enactment of this Act, the Secretary of
12 the Treasury shall include a report on trade-based money
13 laundering originating in Mexico or the People’s Republic
14 of China and involving Burma.
15(b) DEFINITION.—In this section, the term ‘‘national

16 strategy for combating the financing of terrorism and re17 lated forms of illicit finance’’ means the national strategy
18 for combating the financing of terrorism and related forms
19 of illicit finance required under section 261 of the Coun20 tering America’s Adversaries Through Sanctions Act
21 (Public Law 115–44; 131 Stat. 934), as amended by sec22 tion 6506 of the National Defense Authorization Act for
23 Fiscal Year 2022 (Public Law 117–81; 135 Stat. 2428).

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

244
1

CHAPTER 3—EXCEPTION RELATING TO

2IMPORTATION OF GOODS

3

SEC. 3326. EXCEPTION RELATING TO IMPORTATION OF

4

GOODS.

5(a) IN GENERAL.—The authority or a requirement

6 to block and prohibit all transactions in all property and7 interests in property under this subtitle shall not include
8 the authority or a requirement to impose sanctions on the
9 importation of goods.
10(b) GOOD DEFINED.—In this section, the term

11 ‘‘good’’ means any article, natural or manmade substance,
12 material, supply or manufactured product, including in13 spection and test equipment, and excluding technical data.
14
15

Subtitle C—Fulfilling Promises to
Afghan Allies

16SEC. 3331. DEFINITIONS.

17

In this subtitle:

18

(1)

APPROPRIATECOMMITTEES

OF

CON-

19

GRESS.—The term ‘‘appropriate committees of Con-

20

gress’’ means—

21
22
23
24

February 4, 2024 (6:13 p.m.)(A) the Committee on the Judiciary of the
Senate;(B) the Committee on Foreign Relations of
the Senate;U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

245
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15

(C) the Committee on Armed Services of
the Senate;(D) the Committee on Appropriations of
the Senate;(E) the Committee on Homeland Security
and Governmental Affairs of the Senate;(F) the Committee on the Judiciary of theHouse of Representatives;(G) the Committee on Foreign Affairs ofthe House of Representatives;(H) the Committee on Armed Services ofthe House of Representatives;(I) the Committee on Appropriations of theHouse of Representatives; and(J) the Committee on Homeland Security

16of the House of Representatives.

17(2) IMMIGRATION LAWS.—The term ‘‘immigra-

18

tion laws’’ has the meaning given such term in sec-

19

tion 101(a)(17) of the Immigration and Nationality

20

Act (8 U.S.C. 1101(a)(17)).

21
22(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Homeland Security.

23(4) SPECIAL IMMIGRANT STATUS.—The term

24‘‘special immigrant status’’ means special immigrant25

status provided under—

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

246
1(A) the Afghan Allies Protection Act of22009 (8 U.S.C. 1101 note; Public Law 111–8);

3(B) section 1059 of the National Defense

4

Authorization Act for Fiscal Year 2006 (85

U.S.C. 1101 note; Public Law 109–163); or

6(C)

subparagraph

(N)

of

section7

101(a)(27) of the Immigration and Nationality8

Act (8 U.S.C. 1101(a)(27)), as added by sec-

9tion 3336(a).

10(5) SPECIFIED APPLICATION.—The term ‘‘spec-

11
12
13

ified application’’ means—(A) a pending, documentarily complete application for special immigrant status; and

14(B) a case in processing in the United

15

States Refugee Admissions Program for an in-

16

dividual who has received a Priority 1 or Pri-

17

ority 2 referral to such program.

18(6) UNITEDSTATESREFUGEE

ADMISSIONS19

PROGRAM.—The20

missions Program’’ means the program to resettle

21

refugees in the United States pursuant to the au-

22

thorities provided in sections 101(a)(42), 207, and23412 of the Immigration and Nationality Act (824

U.S.C. 1101(a)(42), 1157, and 1522).

February 4, 2024 (6:13 p.m.)term ‘‘United States Refugee Ad-

U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

247
1

SEC. 3332. SUPPORT FOR AFGHAN ALLIES OUTSIDE THE

2
3

UNITED STATES.

(a) RESPONSE TO CONGRESSIONAL INQUIRIES.—The

4 Secretary of State shall respond to inquiries by Members
5 of Congress regarding the status of a specified application
6 submitted by, or on behalf of, a national of Afghanistan,
7 including any information that has been provided to the
8 applicant, in accordance with section 222(f) of the Immi9 gration and Nationality Act (8 U.S.C. 1202(f)).
10(b) OFFICE IN LIEU OF EMBASSY.—During the pe-

11 riod in which there is no operational United States em12 bassy in Afghanistan, the Secretary of State shall des13 ignate an appropriate office within the Department of
14 State—
15(1) to review specified applications submitted by

16

nationals of Afghanistan residing in Afghanistan, in-17cluding by conducting any required interviews;

18(2) to issue visas or other travel documents to

19such nationals, in accordance with the immigration

20

laws;

21

(3) to provide services to such nationals, to the22

greatest extent practicable, that would normally be

23

provided by an embassy; and24
25

February 4, 2024 (6:13 p.m.)(4) to carry out any other function the Secretary of State considers necessary.

U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

248
1

SEC. 3333. CONDITIONAL PERMANENT RESIDENT STATUS

2
3
4

FOR ELIGIBLE INDIVIDUALS.

(a) DEFINITIONS.—In this section:(1) CONDITIONAL PERMANENT RESIDENT STA-

5

TUS.—The6

status’’ means conditional permanent resident status

7

under section 216 and 216A of the Immigration and

8

Nationality Act (8 U.S.C. 1186a, 1186b), subject to9

the provisions of this section.

10
11

term ‘‘conditional permanent resident(2) ELIGIBLE INDIVIDUAL.—The term ‘‘eligible
individual’’ means an alien who—

12(A) is present in the United States;

13(B) is a citizen or national of Afghanistan

14or, in the case of an alien having no nationality,

15

is a person who last habitually resided in Af-

16ghanistan;17
18(C) has not been granted permanent resident status;

19(D)(i) was inspected and admitted to the20

United States on or before the date of the en-21

actment of this Act; or22(ii) was paroled into the United States

23

during the period beginning on July 30, 2021,

24

and ending on the date of the enactment of this25

Act, provided that such parole has not been ter-February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

249
1minated by the Secretary upon written notice;

2

and

3

(E) is admissible to the United States as

4

an immigrant under the immigration laws, in-5cluding eligibility for waivers of grounds of in-

6

admissibility to the extent provided by the im-

7

migration laws and subject to the terms of sub-8

section (c) of this section.

910(b) CONDITIONAL PERMANENT RESIDENT STATUS
FOR ELIGIBLE INDIVIDUALS.—

11(1) ADJUSTMENT OF STATUS TO CONDITIONAL

12

PERMANENT RESIDENT STATUS.—Beginning on the13date of the enactment of this Act, the Secretary

14

may—

15

(A) adjust the status of each eligible indi-

16

vidual to that of an alien lawfully admitted for17

permanent residence status, subject to the pro-18

cedures established by the Secretary to deter-

19

mine eligibility for conditional permanent resi-

20

dent status; and21(B) create for each eligible individual a22

record of admission to such status as of the23

date on which the eligible individual was ini-

24

tially inspected and admitted or paroled into

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

250
1

the United States, or July 30, 2021, whichever2

is later,3

unless the Secretary determines, on a case-by-

4case basis, that such individual is subject to any

5ground of inadmissibility under section 212 (other6

than subsection (a)(4)) of the Immigration and Na-

7tionality Act (8 U.S.C. 1182) and is not eligible for8

a waiver of such grounds of inadmissibility as pro-9

vided by this subtitle or by the immigration laws.

10(2) CONDITIONAL BASIS.—An individual who

11

obtains lawful permanent resident status under this12

section shall be considered, at the time of obtaining

13

the status of an alien lawfully admitted for perma-

14nent residence, to have obtained such status on a15

conditional basis subject to the provisions of this16

section.

17(c) CONDITIONAL PERMANENT RESIDENT STATUS

18 DESCRIBED.—
19(1) ASSESSMENT.—

20(A) IN GENERAL.—Before granting condi-

21

tional permanent resident status to an eligible

22

individual under subsection (b)(1), the Sec-23

retary shall conduct an assessment with respect

24

to the eligible individual, which shall be equiva-

25

lent in rigor to the assessment conducted with

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

251
1

respect to refugees admitted to the United

2States through the United States Refugee Ad-

3

missions Program, for the purpose of deter-4mining whether the eligible individual is subject

5

to any ground of inadmissibility under section

6

212 (other than subsection (a)(4)) of the Immi-

7

gration and Nationality Act (8 U.S.C. 1182).

8(B) CONSULTATION.—In conducting an as-

9sessment under subparagraph (A), the Sec-10

retary may consult with the head of any other11

relevant agency and review the holdings of any

12such agency.

13(2) REMOVAL OF CONDITIONS.—

14(A) IN GENERAL.—Not earlier than the15date described in subparagraph (B), the Sec-16

retary may remove the conditional basis of the17

status of an individual granted conditional per-18

manent resident status under this section un-

19less the Secretary determines, on a case-by-case20

basis, that such individual is subject to any

21ground of inadmissibility under paragraph (2)22or (3) of section 212(a) of the Immigration and23

Nationality Act (8 U.S.C. 1182(a)), and is not

24

eligible for a waiver of such grounds of inadmis-

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

252
1sibility as provided by this subtitle or by the im-2

migration laws.

3(B) DATEDESCRIBED.—Thedate de-4

scribed in this subparagraph is the earlier of—5(i) the date that is 4 years after the6date on which the individual was admitted

7

or paroled into the United States; or89(ii) July 1, 2027.
(C) WAIVER.—

10(i) IN GENERAL.—Except as provided

11

in clause (ii), with respect to an eligible in-12

dividual, the Secretary may waive the ap-

13

plication of the grounds of inadmissibility

14

under 212(a) of the Immigration and Na-

15tionality Act (8 U.S.C. 1182(a)) for hu-

16

manitarian purposes or to ensure family

17

unity.

18(ii) EXCEPTIONS.—The Secretary may

19

not waive under clause (i) the application

20of subparagraphs (C) through (E) and (G)21through (H) of paragraph (2), or para-

22

graph (3), of section 212(a) of the Immi-

23

gration and Nationality Act (8 U.S.C.

24

1182(a)).

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

253
1(iii) RULE OF CONSTRUCTION.—Noth-2

ing in this subparagraph may be construed3

to expand or limit any other waiver author-

4

ity applicable under the immigration laws

5

to an applicant for adjustment of status.

6(D) TIMELINE.—Not later than 180 days

7

after the date described in subparagraph (B),8

the Secretary shall endeavor to remove condi-

9

tions as to all individuals granted conditional

10permanent resident status under this section

11

who are eligible for removal of conditions.

12(3) TREATMENT OF CONDITIONAL BASIS OF

13

STATUS PERIOD FOR PURPOSES OF NATURALIZA-

14

TION.—An individual in conditional permanent resi-

15

dent status under this section, or who otherwise

16

meets the requirements under (a)(1) of this section,

17

shall be considered—

18(A) to have been admitted to the United

19

States as an alien lawfully admitted for perma-

20

nent residence; and21(B) to be present in the United States as

22

an alien lawfully admitted to the United States

23

for permanent residence, provided that, no alien

24

shall be naturalized unless the alien’s conditions

25

have been removed under this section.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

254
1(d) TERMINATIONOFCONDITIONAL PERMANENT

2 RESIDENT STATUS.—
34(1) IN GENERAL.—Conditional permanent resident status shall terminate on, as applicable—

5(A) the date on which the Secretary re-6

moves the conditions pursuant to subsection

7(c)(2), on which date the alien shall be lawfully

8

admitted for permanent residence without con-9

ditions;

10(B) the date on which the Secretary deter-

11

mines that the alien was not an eligible indi-

12vidual under subsection (a)(2) as of the date

13

that such conditional permanent resident status

14

was granted, on which date of the Secretary’s

15

determination the alien shall no longer be an

16alien lawfully admitted for permanent residence;

17

or

18

(C) the date on which the Secretary deter-

19

mines pursuant to subsection (c)(2) that the20

alien is not eligible for removal of conditions, on

21

which date the alien shall no longer be an alien22

lawfully admitted for permanent residence.

23(2) NOTIFICATION.—If the Secretary termi-

24nates status under this subsection, the Secretary

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

255
1shall so notify the individual in writing and state the2reasons for the termination.

3(e) RULE OF CONSTRUCTION.—Nothing in this sec-

4 tion shall be construed to limit the authority of the Sec5 retary at any time to place in removal proceedings under
6 section 240 of the Immigration and Nationality Act (87 U.S.C. 1229a) any alien who has conditional permanent
8 resident status under this section, if the alien is deportable
9 under section 237 of such Act (8 U.S.C. 1227) under a
10 ground of deportability applicable to an alien who has been
11 lawfully admitted for permanent residence.
12(f) PAROLE EXPIRATION TOLLED.—The expiration

13 date of a period of parole shall not apply to an individual
14 under consideration for conditional permanent resident
15 status under this section, until such time as the Secretary
16 has determined whether to issue conditional permanent
17 resident status.
18(g) PERIODIC NONADVERSARIAL MEETINGS.—

19(1) IN GENERAL.—Not later than 180 days

20

after the date on which an individual is conferred21

conditional permanent resident status under this22

section, and periodically thereafter, the Office of23

Refugee Resettlement shall make available opportu-

24

nities for the individual to participate in a nonadver-25

sarial meeting, during which an official of the OfficeFebruary 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

256
1

of Refugee Resettlement (or an agency funded by2

the Office) shall—

3(A) on request by the individual, assist the4

individual in a referral or application for appli-

5cable benefits administered by the Department

6of Health and Human Services and completing7

any applicable paperwork; and

8(B) answer any questions regarding eligi-

9bility for other benefits administered by the10

United States Government.

11(2) NOTIFICATIONOFREQUIREMENTS.—Not

12

later than 7 days before the date on which a meeting

13

under paragraph (1) is scheduled to occur, the Sec-

14

retary of Health and Human Services shall provide

15

notice to the individual that includes the date of the16scheduled meeting and a description of the process17

for rescheduling the meeting.

18(3) CONDUCT OF MEETING.—The Secretary of

19

Health and Human Services shall implement prac-

20

tices to ensure that—

21
22(A) meetings under paragraph (1) are conducted in a nonadversarial manner; and23(B) interpretation and translation services

24

are provided to individuals granted conditional

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

257
1permanent resident status under this section

2

who have limited English proficiency.

3(4) RULES

4

OFCONSTRUCTION.—Nothinginthis subsection shall be construed—

5(A) to prevent an individual from electing

6

to have counsel present during a meeting under

7

paragraph (1); or

8(B) in the event that an individual declines

9

to participate in such a meeting, to affect the10

individual’s conditional permanent resident sta-11

tus under this section or eligibility to have con-12

ditions removed in accordance with this section.

13(h) CONSIDERATION.—Except with respect to an ap-

14 plication for naturalization and the benefits described in
15 subsection (p), an individual in conditional permanent
16 resident status under this section shall be considered to
17 be an alien lawfully admitted for permanent residence for
18 purposes of the adjudication of an application or petition
19 for a benefit or the receipt of a benefit.
20(i) NOTIFICATION OF REQUIREMENTS.—Not later

21 than 90 days after the date on which the status of an
22 individual is adjusted to that of conditional permanent
23 resident status under this section, the Secretary shall pro24 vide notice to such individual with respect to the provisions
25 of this section, including subsection (c)(1) (relating to the

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

258
1 conduct of assessments) and subsection (g) (relating to
2 periodic nonadversarial meetings).
3(j) APPLICATION FOR NATURALIZATION.—The Sec-

4 retary shall establish procedures whereby an individual
5 who would otherwise be eligible to apply for naturalization
6 but for having conditional permanent resident status, may
7 be considered for naturalization coincident with removal
8 of conditions under subsection (c)(2).
9(k) ADJUSTMENT OF STATUS DATE.—

10(1) IN GENERAL.—An alien described in para-

11

graph (2) shall be regarded as lawfully admitted for12permanent residence as of the date the alien was ini-

13

tially inspected and admitted or paroled into the14

United States, or July 30, 2021, whichever is later.

15(2) ALIEN DESCRIBED.—An alien described in

16

this paragraph is an alien who—

17(A) is described in subparagraph (A), (B),18

or (D) of subsection (a)(2), and whose status

19

was adjusted to that of an alien lawfully admit-

20

ted for permanent residence on or after July

21

30, 2021, but on or before the date of the en-22

actment of this Act; or

23(B) is an eligible individual whose status is24

then adjusted to that of an alien lawfully admit-

25

ted for permanent residence after the date of

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

259
1

the enactment of this Act under any provision

2of the immigration laws other than this section.

3(l) PARENTS AND LEGAL GUARDIANS OF UNACCOM-

4PANIED CHILDREN.—A parent or legal guardian of an eli-

5 gible individual shall be eligible to obtain status as an alien
6 lawfully admitted for permanent residence on a conditional
7 basis if—
8(1) the eligible individual—

9(A) was under 18 years of age on the date10

on which the eligible individual was granted

11

conditional permanent resident status under

12

this section; and13(B) was not accompanied by at least one

14parent or guardian on the date the eligible indi-

15

vidual was admitted or paroled into the United

16

States; and17(2) such parent or legal guardian was admitted

18

or paroled into the United States after the date re-19

ferred to in paragraph (1)(B).

20(m) GUIDANCE.—

2122(1) INTERIM GUIDANCE.—(A) IN

GENERAL.—Notlater than 120

23days after the date of the enactment of this24

Act, the Secretary shall issue guidance imple-

25

menting this section.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

260
1(B) PUBLICATION.—Notwithstanding sec-

2

tion 553 of title 5, United States Code, guid-3

ance issued pursuant to subparagraph (A)—4(i) may be published on the internet

5

website of the Department of Homeland

6

Security; and7(ii) shall be effective on an interim

8basis immediately upon such publication

9but may be subject to change and revision

10

after notice and an opportunity for public

11comment.

1213(2) FINAL GUIDANCE.—(A) IN

GENERAL.—Notlater than 180

14days after the date of issuance of guidance

15

under paragraph (1), the Secretary shall final-

16

ize the guidance implementing this section.

17(B) EXEMPTION FROM THE ADMINISTRA-

18

TIVE PROCEDURES ACT.—Chapter 5 of title 5,

19

United States Code (commonly known as the20‘‘Administrative Procedures Act’’), or any other21

law relating to rulemaking or information col-22

lection, shall not apply to the guidance issued

23

under this paragraph.

24

February 4, 2024 (6:13 p.m.)(n) ASYLUM CLAIMS.—U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

261
1(1) IN GENERAL.—With respect to the adju-

2

dication of an application for asylum submitted by3

an eligible individual, section 2502(c) of the Extend-

4

ing Government Funding and Delivering Emergency

5

Assistance Act (8 U.S.C. 1101 note; Public Law

6

117–43) shall not apply.

7(2) RULE OF CONSTRUCTION.—Nothing in this8

section may be construed to prohibit an eligible indi-

9vidual from seeking or receiving asylum under sec-

10

tion 208 of the Immigration and Nationality Act (811

U.S.C. 1158).

12(o) PROHIBITION ON FEES.—The Secretary may not

13 charge a fee to any eligible individual in connection with
14 the initial issuance under this section of—
15(1) a document evidencing status as an alien16

lawfully admitted for permanent residence or condi-

17

tional permanent resident status; or

18
19
20
21

(2) an employment authorization document.
(p) ELIGIBILITY FOR BENEFITS.—(1) IN GENERAL.—Notwithstanding any otherprovision of law—

22(A) an individual described in subsection

23(a) of section 2502 of the Afghanistan Supple-

24

mental Appropriations Act, 2022 (8 U.S.C.

25

1101 note; Public Law 117–43) shall retain his

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

262
1

or her eligibility for the benefits and services

2

described in subsection (b) of such section if the3

individual has a pending application, or is

4

granted adjustment of status, under this sec-5tion; and6(B) such benefits and services shall remain

7

available to the individual to the same extent

8

and for the same periods of time as such bene-

9fits and services are otherwise available to refu-

10gees who acquire such status.

11(2) EXCEPTION FROM 5-YEAR LIMITED ELIGI-

12BILITY FOR MEANS-TESTED PUBLIC BENEFITS.—

13

Section 403(b)(1) of the Personal Responsibility and

14Work Opportunity Reconciliation Act of 1996 (815

U.S.C. 1613(b)(1)) is amended by adding at the end

16

the following:

17‘‘(F) An alien whose status is adjusted

18

under section 3333 of the Border Act to that

19of an alien lawfully admitted for permanent res-20

idence or to that of an alien lawfully admitted

21

for permanent residence on a conditional

22

basis.’’.

23(q) RULE OF CONSTRUCTION.—Nothing in this sec-

24 tion may be construed to preclude an eligible individual

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

263
1 from applying for or receiving any immigration benefit to
2 which the individual is otherwise entitled.
3(r) EXEMPTION FROM NUMERICAL LIMITATIONS.—

4(1) IN GENERAL.—Aliens granted conditional

5permanent resident status or lawful permanent resi-

6

dent status under this section shall not be subject to7

the numerical limitations under sections 201, 202,8

and 203 of the Immigration and Nationality Act (89U.S.C. 1151, 1152, and 1153).

10(2) SPOUSE AND CHILDREN BENEFICIARIES.—

11

A spouse or child who is the beneficiary of an immi-

12

grant petition under section 204 of the Immigration

13

and Nationality Act (8 U.S.C. 1154) filed by an

14

alien who has been granted conditional permanent

15

resident status or lawful permanent resident status

16

under this section, seeking classification of the17

spouse or child under section 203(a)(2)(A) of that18

Act (8 U.S.C. 1153(a)(2)(A)) shall not be subject to

19

the numerical limitations under sections 201, 202,20

and 203 of the Immigration and Nationality Act (821

U.S.C. 1151, 1152, and 1153).

22(s) EFFECT ON OTHER APPLICATIONS.—Notwith-23 standing any other provision of law, in the interest of effi24 ciency, the Secretary may pause consideration of any ap25 plication or request for an immigration benefit pending

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

264
1 adjudication so as to prioritize an application for adjust2 ment of status to an alien lawfully admitted for permanent
3 residence under this section.
4(t) AUTHORIZATION FOR APPROPRIATIONS.—There

5 is authorized to be appropriated to the Attorney General,
6 the Secretary of Health and Human Services, the Sec7 retary, and the Secretary of State such sums as are nec8 essary to carry out this section.
9SEC. 3334. REFUGEE PROCESSES FOR CERTAIN AT-RISK AF-

1011

GHAN ALLIES.

(a) DEFINITION OF AFGHAN ALLY.—

12(1) IN GENERAL.—In this section, the term

13‘‘Afghan ally’’ means an alien who is a citizen or na-

14tional of Afghanistan, or in the case of an alien hav-

15

ing no nationality, an alien who last habitually re-16

sided in Afghanistan, who—

17(A) was—18(i) a member of—19(I) the special operations forces

20of the Afghanistan National Defense

21

and Security Forces;

22(II) the Afghanistan National

23

Army Special Operations Command;

24(III) the Afghan Air Force; orFebruary 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

265
1(IV) the Special Mission Wing of2

Afghanistan;3(ii) a female member of any other en-4tity of the Afghanistan National Defense

5

and Security Forces, including—6(I) a cadet or instructor at the7

Afghanistan National Defense Univer-8sity; and9(II) a civilian employee of the10

Ministry of Defense or the Ministry of

11Interior Affairs;

12(iii) an individual associated with13

former Afghan military and police human14

intelligence activities, including operators

15and Department of Defense sources;

16(iv) an individual associated with17

former Afghan military counterintelligence,

18

counterterrorism, or counternarcotics;

19(v) an individual associated with the20former Afghan Ministry of Defense, Min-

21

istry of Interior Affairs, or court system,

22

and who was involved in the investigation,

23

prosecution or detention of combatants or24

members of the Taliban or criminal net-

25

works affiliated with the Taliban; orFebruary 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

266
1(vi) a senior military officer, senior2

enlisted personnel, or civilian official who

3

served on the staff of the former Ministry4of Defense or the former Ministry of Inte-

5rior Affairs of Afghanistan; or

6(B) provided service to an entity or organi-

7

zation described in subparagraph (A) for not

8

less than 1 year during the period beginning on

9

December 22, 2001, and ending on September

10

1, 2021, and did so in support of the United

11

States mission in Afghanistan.

12(2) INCLUSIONS.—For purposes of this section,

13

the Afghanistan National Defense and Security

14

Forces includes members of the security forces

15

under the Ministry of Defense and the Ministry of

16

Interior Affairs of the Islamic Republic of Afghani-

17stan, including the Afghanistan National Army, the18

Afghan Air Force, the Afghanistan National Police,

19

and any other entity designated by the Secretary of

20

Defense as part of the Afghanistan National De-

21

fense and Security Forces during the relevant period

22

of service of the applicant concerned.

23(b) REFUGEE STATUS FOR AFGHAN ALLIES.—

24
25

February 4, 2024 (6:13 p.m.)(1) DESIGNATION AS REFUGEES OF SPECIALHUMANITARIAN CONCERN.—Afghanallies shall beU:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

267
1

considered refugees of special humanitarian concern

2

under section 207 of the Immigration and Nation-

3

ality Act (8 U.S.C. 1157), until the later of 10 years

4

after the date of enactment of this Act or upon de-5termination by the Secretary of State, in consulta-

6tion with the Secretary of Defense and the Sec-7

retary, that such designation is no longer in the in-8terest of the United States.

9(2) THIRD

COUNTRYPRESENCE

NOT

RE-

10

QUIRED.—Notwithstanding section 101(a)(42) of the

11

Immigration

12

1101(a)(42)), the Secretary of State and the Sec-13

retary shall, to the greatest extent possible, conduct

14

remote refugee processing for an Afghan ally located15in Afghanistan.

16(c) AFGHAN ALLIES REFERRAL PROGRAM.—

17
18

and

Nationality

Act

(8

U.S.C.

(1) IN GENERAL.—Not later than 180 days
after the date of the enactment of this Act—

19(A) the Secretary of Defense, in consulta-

20

tion with the Secretary of State, shall establish

21

a process by which an individual may apply to

22

the Secretary of Defense for classification as an

23

Afghan ally and request a referral to the United

24

States Refugee Admissions Program; andFebruary 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

268
1(B) the head of any appropriate depart-2

ment or agency that conducted operations in

3

Afghanistan during the period beginning on De-

4cember 22, 2001, and ending on September 1,

52021, in consultation with the Secretary of

6State, may establish a process by which an indi-

7

vidual may apply to the head of the appropriate

8

department or agency for classification as an

9Afghan ally and request a referral to the United

10

States Refugee Admissions Program.

11(2) APPLICATION SYSTEM.—

1213(A) IN GENERAL.—The process establishedunder paragraph (1) shall—

14(i) include the development and main-

15

tenance of a secure online portal through16

which applicants may provide information17

verifying their status as Afghan allies and18

upload supporting documentation; and

19
20
21

(ii) allow—(I) an applicant to submit his or
her own application;

22(II) a designee of an applicant to23

submit an application on behalf of the24

applicant; andFebruary 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

269
1(III) in the case of an applicant

2

who is outside the United States, the3submission of an application regard-

4

less of where the applicant is located.

5(B) USE BY OTHER AGENCIES.—The Sec-6

retary of Defense may enter into arrangements

7with the head of any other appropriate depart-

8

ment or agency so as to allow the application9

system established under subparagraph (A) to10

be used by such department or agency.

11(3) REVIEW PROCESS.—As soon as practicable

12

after receiving a request for classification and refer-13

ral described in paragraph (1), the head of the ap-

14

propriate department or agency shall—

15
16
17

(A) review—(i) the service record of the applicant,if available;

18(ii) if the applicant provides a service

19

record or other supporting documentation,20

any information that helps verify the serv-

21

ice record concerned, including information

22

or an attestation provided by any current

23

or former official of the department or

24

agency who has personal knowledge of the

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

270
1eligibility of the applicant for such classi-

2

fication and referral; and3(iii) the data holdings of the depart-

4

ment or agency and other cooperating

5

interagency partners, including biographic

6

and biometric records, iris scans, finger-

7

prints, voice biometric information, hand8geometry biometrics, other identifiable in-9formation, and any other information re-10

lated to the applicant, including relevant

11derogatory information; and12(B)(i) in a case in which the head of the13

department or agency determines that the ap-

14

plicant is an Afghan ally without significant de-15

rogatory information, refer the Afghan ally to

16

the United States Refugee Admissions Program17

as a refugee; and

18
19
20

(ii) include with such referral—(I) any service record concerned,
if available;

21(II) if the applicant provides a22

service record, any information that23

helps verify the service record con-24

cerned; andFebruary 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

271
1
2
3
4

(III) any biometrics for the applicant.
(4) REVIEW PROCESS FOR DENIAL OF REQUESTFOR REFERRAL.—

5(A) IN GENERAL.—In the case of an appli-6

cant with respect to whom the head of the ap-

7

propriate department or agency denies a re-8quest for classification and referral based on a9determination that the applicant is not an Af-

10ghan ally or based on derogatory information—

11(i) the head of the department or

12agency shall provide the applicant with a13

written notice of the denial that provides,

14

to the maximum extent practicable, a de-15

scription of the basis for the denial, includ-16

ing the facts and inferences, or evidentiary

17gaps, underlying the individual determina-

18

tion; and19(ii) the applicant shall be provided an

20

opportunity to submit not more than 1

21

written appeal to the head of the depart-

22

ment or agency for each such denial.

23(B) DEADLINE FOR APPEAL.—An appeal

24

under clause (ii) of subparagraph (A) shall be

25

submitted—

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

2721(i) not more than 120 days after the2date on which the applicant concerned re-3

ceives notice under clause (i) of that sub-4

paragraph; or5(ii) on any date thereafter, at the dis-6

cretion of the head of the appropriate de-7partment or agency.

8(C) REQUEST TO REOPEN.—

9(i) IN GENERAL.—An applicant who

10

receives a denial under subparagraph (A)11may submit a request to reopen a request

12

for classification and referral under the13

process established under paragraph (1) so

14

that the applicant may provide additional

15

information, clarify existing information,

16

or explain any unfavorable information.

17(ii) LIMITATION.—After considering 1

18

such request to reopen from an applicant,19

the head of the appropriate department or

20

agency may deny subsequent requests to21

reopen submitted by the same applicant.

22(5) FORM AND CONTENT OF REFERRAL.—To

23

the extent practicable, the head of the appropriate

24

department or agency shall ensure that referrals

25

made under this subsection—

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

273
1(A) conform to requirements established by2

the Secretary of State for form and content;

3

and

4

(B) are complete and include sufficient5

contact information, supporting documentation,

6

and any other material the Secretary of State

7or the Secretary consider necessary or helpful

8

in determining whether an applicant is entitled9

to refugee status.

10(6) TERMINATION.—The application process

11

and referral system under this subsection shall ter-

12

minate upon the later of 1 year before the termi-

13

nation of the designation under subsection (b)(1) or

14

on the date of a joint determination by the Secretary

15of State and the Secretary of Defense, in consulta-

16

tion with the Secretary, that such termination is in17

the national interest of the United States.

18(d) GENERAL PROVISIONS.—

19(1) PROHIBITION

ON FEES.—The

Secretary,

20

the Secretary of Defense, or the Secretary of State21

may not charge any fee in connection with a request

22

for a classification and referral as a refugee under

23

this section.

24(2) DEFENSE PERSONNEL.—Any limitation in25

law with respect to the number of personnel within

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

274
1

the Office of the Secretary of Defense, the military2

departments, or a Defense Agency (as defined in

3

section 101(a) of title 10, United States Code) shall4

not apply to personnel employed for the primary5

purpose of carrying out this section.

6(3) REPRESENTATION.—An alien applying for7

admission to the United States under this section

8

may be represented during the application process,9

including at relevant interviews and examinations,10by an attorney or other accredited representative.

11

Such representation shall not be at the expense of

12

the United States Government.

13(4) PROTECTION OF ALIENS.—The Secretary of

14

State, in consultation with the head of any other ap-

15

propriate Federal agency, shall make a reasonable

16

effort to provide an alien who has been classified as

17

an Afghan ally and has been referred as a refugee

18

under this section protection or to immediately re-19

move such alien from Afghanistan, if possible.

20(5) OTHER ELIGIBILITY FOR IMMIGRANT STA-

21

TUS.—No22

apply for admission under this section solely because23

the alien qualifies as an immediate relative or is eli-24

gible for any other immigrant classification.

February 4, 2024 (6:13 p.m.)alien shall be denied the opportunity toU:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

275
1(6) AUTHORIZATIONOFAPPROPRIATIONS.—

2

There are authorized to be appropriated such sums3

as necessary for each of fiscal years 2024 through42034 to carry out this section.

5(e) RULE OF CONSTRUCTION.—Nothing in this sec-

6 tion may be construed to inhibit the Secretary of State
7 from accepting refugee referrals from any entity.
8

SEC. 3335. IMPROVING EFFICIENCY AND OVERSIGHT OF

9REFUGEE AND SPECIAL IMMIGRANT PROC-

10ESSING.

11(a) ACCEPTANCE OF FINGERPRINT CARDS AND SUB-12MISSIONS OF BIOMETRICS.—In addition to the methods

13 authorized under the heading relating to the Immigration
14 and Naturalization Service under title I of the Depart15 ments of Commerce, Justice, and State, the Judiciary, and
16 Related Agencies Appropriations Act of 1998 (Public Law
17 105–119, 111 Stat. 2448; 8 U.S.C. 1103 note), and other18 applicable law, and subject to such safeguards as the Sec19 retary, in consultation with the Secretary of State or the
20 Secretary of Defense, as appropriate, shall prescribe to en21 sure the integrity of the biometric collection (which shall22 include verification of identity by comparison of such fin23 gerprints with fingerprints taken by or under the direct
24 supervision of the Secretary prior to or at the time of the
25 individual’s application for admission to the United

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

276
1 States), the Secretary may, in the case of any application
2 for any benefit under the Immigration and Nationality Act
3 (8 U.S.C. 1101 et seq.), accept fingerprint cards or any
4 other submission of biometrics—
5(1) prepared by international or nongovern-

6

mental organizations under an appropriate agree-7

ment with the Secretary or the Secretary of State;

8(2) prepared by employees or contractors of the9

Department of Homeland Security or the Depart-

10

ment of State; or

11(3) provided by an agency (as defined under

12

section 3502 of title 44, United States Code).

13(b) STAFFING.—

14(1) VETTING.—The Secretary of State, the Sec-15

retary, the Secretary of Defense, and any other16

agency authorized to carry out the vetting process

17

under this subtitle, shall each ensure sufficient staff-

18

ing, and request the resources necessary, to effi-

19

ciently and adequately carry out the vetting of appli-

20

cants for—21(A) referral to the United States Refugee

22

Admissions Program, consistent with the deter-

23

minations established under section 207 of the24

Immigration and Nationality Act (8 U.S.C.

251157); andFebruary 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

277
1(B) special immigrant status.

2(2) REFUGEE RESETTLEMENT.—The Secretary

3of Health and Human Services shall ensure suffi-

4

cient staffing to efficiently provide assistance under5

chapter 2 of title IV of the Immigration and Nation-

6

ality Act (8 U.S.C. 1521 et seq.) to refugees reset-

7

tled in the United States.

8(c) REMOTE PROCESSING.—Notwithstanding any

9 other provision of law, the Secretary of State and the Sec10 retary shall employ remote processing capabilities for ref11 ugee processing under section 207 of the Immigration and
12 Nationality Act (8 U.S.C. 1157), including secure digital
13 file transfers, videoconferencing and teleconferencing ca14 pabilities, remote review of applications, remote inter15 views, remote collection of signatures, waiver of the appli16 cant’s appearance or signature (other than a final appear17 ance and verification by the oath of the applicant prior
18 to or at the time of the individual’s application for admis19 sion to the United States), waiver of signature for individ20 uals under 5 years old, and any other capability the Sec21 retary of State and the Secretary consider appropriate, se22 cure, and likely to reduce processing wait times at par23 ticular facilities.
24(d) MONTHLY ARRIVAL REPORTS.—With respect to25 monthly reports issued by the Secretary of State relating

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

278
1 to United States Refugee Admissions Program arrivals,
2 the Secretary of State shall report—
345(1) the number of monthly admissions of refugees, disaggregated by priorities; and(2) the number of Afghan allies admitted as

6

refugees.

7(e) INTERAGENCY TASK FORCE ON AFGHAN ALLY

8 STRATEGY.—
9(1) ESTABLISHMENT.—Not later than 180 days

10

after the date of the enactment of this Act, the11

President shall establish an Interagency Task Force12

on Afghan Ally Strategy (referred to in this section

13

as the ‘‘Task Force’’)—14(A) to develop and oversee the implementa-

15

tion of the strategy and contingency plan de-16

scribed in subparagraph (A)(i) of paragraph17(4); and18(B) to submit the report, and provide a19

briefing on the report, as described in subpara-

20

graphs (A) and (B) of paragraph (4).

21(2) MEMBERSHIP.—

2223(A) IN GENERAL.—The Task Force shall
include—24(i) 1 or more representatives from25

each relevant Federal agency, as des-February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

279
1

ignated by the head of the applicable rel-2

evant Federal agency; and3(ii) any other Federal Government of-4

ficial designated by the President.

5(B) RELEVANT

FEDERAL

AGENCY

DE-

6

FINED.—In this paragraph, the term ‘‘relevant

7

Federal agency’’ means—

8(i) the Department of State;9(ii) the Department Homeland Secu-

10

rity;

11

(iii) the Department of Defense;

12(iv) the Department of Health and

13
14
15
16
17
18

Human Services;(v) the Federal Bureau of Investigation; and(vi) the Office of the Director of National Intelligence.
(3) CHAIR.—The Task Force shall be chaired

19

by the Secretary of State.

20(4) DUTIES.—

21(A) REPORT.—

22(i) IN GENERAL.—Not later than 180

23days after the date on which the Task

24

Force is established, the Task Force, act-25

ing through the chair of the Task Force,

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

280
1shall submit a report to the appropriate

2committees of Congress that includes—

3(I) a strategy for facilitating the4resettlement of nationals of Afghani-

5stan outside the United States who,

6

during the period beginning on Octo-7

ber 1, 2001, and ending on September

8

1, 2021, directly and personally sup-9

ported the United States mission in

10

Afghanistan, as determined by the11

Secretary of State in consultation

12

with the Secretary of Defense; and13(II) a contingency plan for future

14

emergency operations in foreign coun-

15

tries involving foreign nationals who

16

have worked directly with the United

17

States18

Armed Forces of the United States

19and United States intelligence agen-

20

cies.

21

(ii) ELEMENTS.—The report required

22

Government,

includingtheunder clause (i) shall include—

23(I) the total number of nationals

24of Afghanistan who have pending

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

281
1

specified applications, disaggregated

2

by—

3

(aa) such nationals in Af-

4ghanistan and such nationals in

5a third country;

67(bb) type of specified application; and8(cc) applications that are9

documentarily complete and ap-

10

plications

11

documentarily complete;12(II) an estimate of the number of

13nationals of Afghanistan who may be

14

eligible for special immigrant status;

15

that

are

not

(III) with respect to the strategy

16

required17(A)(i)(I)—

undersubparagraph18(aa) the estimated number

19

of nationals of Afghanistan de-20

scribed in such subparagraph;21(bb) a description of the

22

process for safely resettling such23

nationals of Afghanistan;24(cc) a plan for processing

25

such nationals of Afghanistan for

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

282
1admission to the United States

2

that—

3

(AA) discusses the fea-4sibility of remote processing

5

for such nationals of Af-

6ghanistan residing in Af-

7ghanistan;

8

(BB)

includesany

9strategy for facilitating ref-

10

ugee

11

essing for such nationals of

12

Afghanistan in third coun-

13

tries, and the timelines for

14

such processing;andconsular

proc-

15

(CC) includes a plan16

for conducting rigorous and17

efficient vetting of all such18

nationals of Afghanistan for

19

processing;

20

(DD)

discusses

the21

availability and capacity of22sites in third countries to23

process

24

conduct any required vetting

25

for such nationals of Af-

February 4, 2024 (6:13 p.m.)

applications

andU:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

283
1ghanistan, including the po-2

tential to establish addi-

3tional sites; and4(EE) includes a plan5

for providing updates and6necessary information to af-

7fected individuals and rel-8evant nongovernmental or-

9ganizations;10(dd) a description of consid-

11

erations, including resource con-12

straints, security concerns, miss-13

ing or inaccurate information,

14

and

15

that limit the ability of the Sec-16

retary of State or the Secretary17

to increase the number of such18

nationals of Afghanistan who can

19

be safely processed or resettled;

diplomaticconsiderations,

20(ee) an identification of any

21

resource or additional authority

22

necessary to increase the number

23

of such nationals of Afghanistan

24

who can be processed or reset-

25

tled;

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

284
1(ff) an estimate of the cost2

to fully implement the strategy;

3

and

4

(gg) any other matter the5

Task Force considers relevant to

6

the implementation of the strat-

7

egy;

8

(IV) with respect to the contin-

9

gency

10

(i)(II)—

plan

requiredbyclause11(aa) a description of the

12

standard practices for screening13

and vetting foreign nationals con-14

sidered to be eligible for resettle-

15

ment in the United States, in-16

cluding a strategy for vetting,17

and maintaining the records of,18

such foreign nationals who are

19

unable to provide identification

20

documents or biographic details

21

due to emergency circumstances;

22(bb) a strategy for facili-

23

tating refugee or consular proc-

24

essing for such foreign nationals

25

in third countries;

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

2851(cc) clear guidance with re-2spect to which Federal agency

3

has the authority and responsi-

4bility to coordinate Federal reset-

5

tlement efforts;

6(dd) a description of any re-7source or additional authority

8

necessary to coordinate Federal

9

resettlement10

the need for a contingency fund;11(ee) any other matter the12

Task Force considers relevant to13

the implementation of the contin-

14

gency plan; and15(V) a strategy for the efficient

16

processing of all Afghan special immi-

17

grant visa applications and appeals,

18

including—efforts,

including19(aa) a review of current

20

staffing levels and needs across21

all interagency offices and offi-

22

cials engaged in the special immi-

23

grant visa process;24(bb) an analysis of the ex-25pected Chief of Mission approvals

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

286
1

and denials of applications in the2pipeline in order to project the3

expected number of visas nec-

4

essary to provide special immi-

5

grant status to all approved ap-

6

plicants under this subtitle dur-

7

ing the several years after the8date of the enactment of this

9

Act;

10

(cc) an assessment as to11

whether adequate guidelines exist

12

for reconsidering or reopening

13

applications for special immi-

14

grant visas in appropriate cir-

15

cumstances and consistent with16

applicable laws; and17(dd) an assessment of the

18

procedures throughout the special

19

immigrant visa application proc-

20

ess, including at the Portsmouth

21

Consular Center, and the effec-

22

tiveness of communication be-

23

tween the Portsmouth Consular

24

Center and applicants, including25

an identification of any area inFebruary 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

287
1which improvements to the effi-2ciency of such procedures and3communication may be made.

4

(iii)

FORM.—The

reportrequired5

under clause (i) shall be submitted in un-

6classified form but may include a classified

7

annex.

8(B) BRIEFING.—Not later than 60 days

9

after submitting the report required by clause

10(i), the Task Force shall brief the appropriate

11

committees of Congress on the contents of the12report.

13(5) TERMINATION.—The Task Force shall re-14

main in effect until the later of—15(A) the date on which the strategy re-16

quired under paragraph (4)(A)(i)(I) has been

17

fully implemented;

18(B) the date of a determination by the19

Secretary of State, in consultation with the Sec-20

retary of Defense and the Secretary, that a task

21

force is no longer necessary for the implementa-

22

tion of subparagraphs (A) and (B) of para-

23

graph (1); or

24
25

February 4, 2024 (6:13 p.m.)(C) the date that is 10 years after the dateof the enactment of this Act.

U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

288
1(f) IMPROVING CONSULTATION WITH CONGRESS.—

2 Section 207 of the Immigration and Nationality Act (83 U.S.C. 1157) is amended—
4(1) in subsection (a), by amending paragraph

5(4) to read as follows:6‘‘(4)(A) In the determination made under this sub-7 section for each fiscal year (beginning with fiscal year
8 1992), the President shall enumerate, with the respective
9 number of refugees so determined, the number of aliens
10 who were granted asylum in the previous year.
11‘‘(B) In making a determination under paragraph

12 (1), the President shall consider the information in the
13 most recently published projected global resettlement
14 needs report published by the United Nations High Com15 missioner for Refugees.’’;1617(2) in subsection (e), by amending paragraph(2) to read as follows:18‘‘(2) A description of the number and allocation

19of the refugees to be admitted, including the ex-20pected allocation by region, and an analysis of the21

conditions within the countries from which they22

came.’’; and23(3) by adding at the end the following—

24‘‘(g) QUARTERLY REPORTS ON ADMISSIONS.—Not

25 later than 30 days after the last day of each quarter begin-

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

289
1 ning the fourth quarter of fiscal year 2024, the President
2 shall submit to the Committee on Homeland Security and3 Governmental Affairs, the Committee on the Judiciary,
4 and the Committee on Foreign Relations of the Senate
5 and the Committee on Homeland Security, the Committee
6 on the Judiciary, and the Committee on Foreign Affairs
7 of the House of Representatives a report that includes the
8 following:
9‘‘(1) REFUGEES ADMITTED.—

10‘‘(A) The number of refugees admitted to11

the United States during the preceding quarter.

12‘‘(B) The cumulative number of refugees

13

admitted to the United States during the appli-

14

cable fiscal year, as of the last day of the pre-15

ceding quarter.

16‘‘(C) The number of refugees expected to17

be admitted to the United States during the re-18

mainder of the applicable fiscal year.

19‘‘(D) The number of refugees from each20

region admitted to the United States during the21

preceding quarter.

22

‘‘(2)

23

CHECKS.—With

24

under section 101(a)(27)(N), subtitle C of title III

25of the Border Act, or section 602(b)(2)(A)(ii)(II) of

February 4, 2024 (6:13 p.m.)

ALIENSWITH

PENDING

SECURITY

respect only to aliens processed

U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

290
1

the Afghan Allies Protection Act of 2009 (8 U.S.C.

21101 note; Public Law 111–8)—

3‘‘(A) the number of aliens, by nationality,

4

security check, and responsible vetting agency,

5

for whom a National Vetting Center or other6

security check has been requested during the7

preceding quarter, and the number of aliens, by

8nationality, for whom the check was pending

9

beyond 30 days; and

10‘‘(B) the number of aliens, by nationality,

11

security check, and responsible vetting agency,

12

for whom a National Vetting Center or other13

security check has been pending for more than14

180 days.

15‘‘(3) CIRCUIT RIDES.—

16‘‘(A) For the preceding quarter—

17‘‘(i) the number of Refugee Corps of-18

ficers deployed on circuit rides and the19

overall number of Refugee Corps officers;

20
21‘‘(ii) the number of individuals interviewed—22‘‘(I) on each circuit ride; and23‘‘(II) at each circuit ride location;

24‘‘(iii) the number of circuit rides; andFebruary 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

291
1‘‘(iv) for each circuit ride, the dura-

2tion of the circuit ride.

3‘‘(B) For the subsequent 2 quarters, the4number of circuit rides planned.

5‘‘(4) PROCESSING.—

6‘‘(A) For refugees admitted to the United

7

States during the preceding quarter, the aver-8

age number of days between—

9‘‘(i) the date on which an individual

10referred to the United States Government11

as a refugee applicant is interviewed by the12

Secretary of Homeland Security; and13‘‘(ii) the date on which such individual14

is admitted to the United States.

15‘‘(B) For refugee applicants interviewed by

16

the Secretary of Homeland Security in the pre-17

ceding quarter, the approval, denial, rec-18

ommended approval, recommended denial, and19

hold rates for the applications for admission of

20such individuals, disaggregated by nationality.’’.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

292
1

SEC. 3336. SUPPORT FOR CERTAIN VULNERABLE AFGHANS

2

RELATING TO EMPLOYMENT BY OR ON BE-

3

HALF OF THE UNITED STATES.

45(a) SPECIAL IMMIGRANT VISAS FOR CERTAIN RELATIVESOF

CERTAIN

MEMBERS

OF

THE

ARMED

6 FORCES.—
7(1) IN GENERAL.—Section 101(a)(27) of the8

Immigration

91101(a)(27)) is amended—

10
11
12

and

Nationality

Act

(8

U.S.C.

(A) in subparagraph (L)(iii), by adding asemicolon at the end;(B) in subparagraph (M), by striking the13

period at the end and inserting ‘‘; and’’; and14(C) by adding at the end the following:

15‘‘(N) a citizen or national of Afghanistan

16

who is the parent or brother or sister of—17‘‘(i) a member of the armed forces (as18

defined in section 101(a) of title 10,19

United States Code); or

20
21
22
23

‘‘(ii) a veteran (as defined in section
101 of title 38, United States Code).’’.
(2) NUMERICAL LIMITATIONS.—(A) IN

GENERAL.—Subject

to subpara-

24

graph (C), the total number of principal aliens

25

who may be provided special immigrant visas

26

under subparagraph (N) of section 101(a)(27)

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

293
1of the Immigration and Nationality Act (82

U.S.C. 1101(a)(27)), as added by paragraph3(1), may not exceed 2,500 each fiscal year.

4(B) CARRYOVER.—If the numerical limita-

5

tion specified in subparagraph (A) is not

6reached during a given fiscal year, the numer-

7

ical limitation specified in such subparagraph8for the following fiscal year shall be increased

9by a number equal to the difference between—

10(i) the numerical limitation specified

11

in subparagraph (A) for the given fiscal

12year; and13(ii) the number of principal aliens pro-14

vided special immigrant visas under sub-15

paragraph (N) of section 101(a)(27) of the16

Immigration and Nationality Act (8 U.S.C.

17

1101(a)(27)) during the given fiscal year.

18(C) MAXIMUM NUMBER OF VISAS.—The

19

total number of aliens who may be provided

20

special immigrant visas under subparagraph21(N) of section 101(a)(27) of the Immigration

22

and Nationality Act (8 U.S.C. 1101(a)(27))

23

shall not exceed 10,000.

24(D) DURATION OF AUTHORITY.—The au-

25

thority to issue visas under subparagraph (N)February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

294
1of section 101(a)(27) of the Immigration and2

Nationality Act (8 U.S.C. 1101(a)(27)) shall—

3(i) commence on the date of the en-4

actment of this Act; and567(ii) terminate on the date on which all
such visas are exhausted.
(b) CERTAIN AFGHANS INJURED OR KILLED IN THE

8 COURSE OF EMPLOYMENT.—Section 602(b) of the Af9 ghan Allies Protection Act of 2009 (8 U.S.C. 1101 note;
10 Public Law 111–8) is amended—
11
12
13

(1) in paragraph (2)(A)—(A) by amending clause (ii) to read as follows:14‘‘(ii)(I) was or is employed in Afghan-

15

istan on or after October 7, 2001, for not

16

less than 1 year—

17
18‘‘(aa) by, or on behalf of, theUnited States Government; or19‘‘(bb) by the International Secu-

20

rity Assistance Force (or any suc-21

cessor name for such Force) in a ca-

22pacity that required the alien—

23‘‘(AA) while traveling off-

24

base with United States military

25

personnel stationed at the Inter-February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

295
1

national2

Force (or any successor name for3such Force), to serve as an inter-4

preter or translator for such

5

United States military personnel;

6orSecurity

Assistance7‘‘(BB) to perform activities

8

for the United States military

9

personnel

stationedat10

national

Security

Assistance

11

Force (or any successor name for12such Force); orInter-

13‘‘(II) in the case of an alien who was

14

wounded or seriously injured in connection

15

with employment described in subclause

16(I), was employed for any period until the17date on which such wound or injury oc-

18

curred, if the wound or injury prevented

19

the alien from continuing such employ-

20ment;’’; and21(B) in clause (iii), by striking ‘‘clause (ii)’’

22

and inserting ‘‘clause (ii)(I)’’;23(2) in paragraph (13)(A)(i), by striking ‘‘sub-24

clause (I) or (II)(bb) of paragraph (2)(A)(ii)’’ andFebruary 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

296
1

inserting ‘‘item (aa) or (bb)(BB) of paragraph2(2)(A)(ii)(I)’’;3(3) in paragraph (14)(C), by striking ‘‘para-

4

graph

5

(2)(A)(ii)(I)’’; and6(2)(A)(ii)’’

andinserting‘‘paragraph(4) in paragraph (15), by striking ‘‘paragraph

7(2)(A)(ii)’’ and inserting ‘‘paragraph (2)(A)(ii)(I)’’.

8(c) EXTENSION OF SPECIAL IMMIGRANT VISA PRO-

9

GRAM

UNDER AFGHAN ALLIES PROTECTION ACT OF

10 2009.—Section 602(b) of the Afghan Allies Protection Act
11 of 2009 (8 U.S.C. 1101 note; Public Law 111–8) is
12 amended—13(1) in paragraph (3)(F)—14(A) in the subparagraph heading, by strik-15

ing ‘‘FISCAL YEARS 2015 THROUGH 2022’’ and16

inserting ‘‘FISCAL YEARS 2015 THROUGH 2029’’;

17

and

18

(B) in clause (i), by striking ‘‘December

19

31, 2024’’ and inserting ‘‘December 31, 2029’’;

20

and

21

(C) in clause (ii), by striking ‘‘December

22

31, 2024’’ and inserting ‘‘December 31, 2029’’;

23

and

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

297
1(2) in paragraph (13), in the matter preceding2

subparagraph (A), by striking ‘‘January 31, 2024’’3

and inserting ‘‘January 31, 2030’’.

4(d) AUTHORIZATION OF VIRTUAL INTERVIEWS.—

5 Section 602(b)(4) of the Afghan Allies Protection Act of
6 2009 ( 8 U.S.C. 1101 note; Public Law 111–8;) is amend7 ed by adding at the end the following:
8

‘‘(D)

VIRTUAL

INTERVIEWS.—Notwith-9

standing section 222(e) of the Immigration and

10

Nationality Act (8 U.S.C. 1202(e)), an applica-

11

tion for an immigrant visa under this section

12

may be signed by the applicant through a vir-

13

tual video meeting before a consular officer and14

verified by the oath of the applicant adminis-

15

tered by the consular officer during a virtual

16

video meeting.’’.

17(e) QUARTERLY REPORTS.—Paragraph (12) of sec-

18 tion 602(b) of the Afghan Allies Protection Act of 200919 (8 U.S.C. 1101 note; Public Law 111–8) is amended is
20 amended to read as follows:21‘‘(12) QUARTERLY REPORTS.—

22‘‘(A) REPORT TO CONGRESS.—Not later23

than 120 days after the date of enactment of24

the Border Act and every 90 days thereafter,

25

the Secretary of State and the Secretary of

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

298
1

Homeland Security, in consultation with the2

Secretary of Defense, shall submit to the appro-3

priate committees of Congress a report that in-4

cludes the following:

5‘‘(i) For the preceding quarter—

6‘‘(I) a description of improve-7

ments made to the processing of spe-

8

cial immigrant visas and refugee proc-

9

essing for citizens and nationals of Af-

10ghanistan;

11‘‘(II) the number of new Afghan

12

referrals to the United States Refugee

13

Admissions Program, disaggregated14

by referring entity;

15‘‘(III) the number of interviews

16of Afghans conducted by U.S. Citizen-

17

ship

18

disaggregated by the country in which

19

such interviews took place;andImmigration

Services,

20‘‘(IV) the number of approvals

21

and the number of denials of refugee

22status requests for Afghans;

23‘‘(V) the number of total admis-

24

sions to the United States of Afghan

25

refugees;

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

299
1‘‘(VI) number of such admis-

2

sions, disaggregated by whether the3

refugees come from within, or outside

4of, Afghanistan;5‘‘(VII) the average processing

6time for citizens and nationals of Af-

7ghanistan who are applicants for re-8

ferral under section 3334 of the Bor-9

der Act;

10‘‘(VIII) the number of such cases

11

processed within such average proc-

12

essing time; and13‘‘(IX) the number of denials

14

issued with respect to applications by

15

citizens and nationals of Afghanistan

16

for referrals under section 3334 of the17

Border Act.

18‘‘(ii) The number of applications by

19

citizens and nationals of Afghanistan for20

refugee referrals pending as of the date of21

submission of the report.

22‘‘(iii) A description of the efficiency

23

improvements made in the process by24

which applications for special immigrant25

visas under this subsection are processed,

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

300
1

including information described in clauses

2(iii) through (viii) of paragraph (11)(B).

3‘‘(B) FORM OF REPORT.—Each report re-4quired by subparagraph (A) shall be submitted

5

in unclassified form but may contain a classi-

6

fied annex.

7‘‘(C) PUBLIC POSTING.—The Secretary of

8State shall publish on the website of the De-

9partment of State the unclassified portion of10each report submitted under subparagraph

11(A).’’.

12(f) GENERAL PROVISIONS.—

13(1) PROHIBITION

ON FEES.—The

Secretary,

14

the Secretary of Defense, or the Secretary of State15

may not charge any fee in connection with an appli-

16

cation for, or issuance of, a special immigrant visa

17or special immigrant status under—

18(A) section 602 of the Afghan Allies Pro-19

tection Act of 2009 (8 U.S.C. 1101 note; Public20

Law 111–8);

21(B) section 1059 of the National Defense

22

Authorization Act for Fiscal Year 2006 (823

U.S.C. 1101 note; Public Law 109–163); or

24
25

February 4, 2024 (6:13 p.m.)(C)subparagraph

(N)

of

section101(a)(27) of the Immigration and Nationality

U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

301
1

Act (8 U.S.C. 1101(a)(27)), as added by sub-2

section (a)(1).

3(2) DEFENSE PERSONNEL.—Any limitation in4

law with respect to the number of personnel within5

the Office of the Secretary of Defense, the military

6

departments, or a Defense Agency (as defined in

7

section 101(a) of title 10, United States Code) shall8

not apply to personnel employed for the primary9

purpose of carrying out this section.

10(3) PROTECTION OF ALIENS.—The Secretary of

11State, in consultation with the head of any other ap-

12

propriate Federal agency, shall make a reasonable

13

effort to provide an alien who is seeking status as14

a special immigrant under subparagraph (N) of sec-

15

tion 101(a)(27) of the Immigration and Nationality16

Act (8 U.S.C. 1101(a)(27)), as added by subsection

17(a)(1), protection or to immediately remove such

18

alien from Afghanistan, if possible.

19(4) RESETTLEMENTSUPPORT.—A

citizen or

20

national of Afghanistan who is admitted to the21

United States under this section or an amendment

22

made by this section shall be eligible for resettlement23

assistance, entitlement programs, and other benefits

24

available to refugees admitted under section 207 of25

the Immigration and Nationality Act (8 U.S.C.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

302
11157) to the same extent, and for the same periods

2of time, as such refugees.

3SEC. 3337. SUPPORT FOR ALLIES SEEKING RESETTLEMENT

4

IN THE UNITED STATES.

5

Notwithstanding any other provision of law, during

6 the period beginning on the date of the enactment of this
7 Act and ending on the date that is 10 years thereafter,
8 the Secretary and the Secretary of State may waive any
9 fee or surcharge or exempt individuals from the payment
10 of any fee or surcharge collected by the Department of
11 Homeland Security and the Department of State, respec12 tively, in connection with a petition or application for, or
13 issuance of, an immigrant visa to a national of Afghani14 stan under section 201(b)(2)(A)(i) or 203(a) of the Immi15 gration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)
16 and 1153(a)), respectively.
17

SEC. 3338. REPORTING.

18(a) QUARTERLY REPORTS.—Beginning on January

19 1, 2028, not less frequently than quarterly, the Secretary
20 shall submit to the Committee on the Judiciary of the Sen21 ate and the Committee on the Judiciary of the House of
22 Representatives a report that includes, for the preceding
23 quarter—
24(1) the number of individuals granted condi-

25

tional permanent resident status under section 3333,

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

303
1disaggregated by the number of such individuals for2

whom conditions have been removed;3(2) the number of individuals granted condi-

4

tional permanent resident status under section 3333

5

who have been determined to be ineligible for re-6

moval of conditions (and the reasons for such deter-

7

mination); and8(3) the number of individuals granted condi-

9tional permanent resident status under section 3333

10

for whom no such determination has been made11(and the reasons for the lack of such determination).

12(b) ANNUAL REPORTS.—Not less frequently than an-

13 nually, the Secretary, in consultation with the Attorney
14 General, shall submit to the appropriate committees of
15 Congress a report that includes for the preceding year,
16 with respect to individuals granted conditional permanent
17 resident status under section 3333—
18(1) the number of such individuals who are19

placed in removal proceedings under section 240 of

20

the Immigration and Nationality Act (8 U.S.C.

21

1229a) charged with a ground of deportability under22

subsection (a)(2) of section 237 of that Act (823

U.S.C. 1227), disaggregated by each applicable24

ground under that subsection;

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

304
1(2) the number of such individuals who are2placed in removal proceedings under section 240 of3

the Immigration and Nationality Act (8 U.S.C.

4

1229a) charged with a ground of deportability under5

subsection (a)(3) of section 237 of that Act (86U.S.C. 1227), disaggregated by each applicable

7

ground under that subsection;

8(3) the number of final orders of removal issued

9

pursuant to proceedings described in paragraphs (1)10and (2), disaggregated by each applicable ground of

11

deportability;

12(4) the number of such individuals for whom

13

such proceedings are pending, disaggregated by each

14

applicable ground of deportability; and

15(5) a review of the available options for removal

16

from the United States, including any changes in17

the feasibility of such options during the preceding

18

year.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

305

2

TITLE IV—PROMOTING LEGALIMMIGRATION

3

SEC. 3401. EMPLOYMENT AUTHORIZATION FOR FIANCÉS,

1

4

FIANCÉES,

5

UNITED STATES CITIZENS AND SPECIALTY

6

WORKERS.

7

SPOUSES,AND

CHILDREN

OF

Section 214(c) of the Immigration and Nationality

8 Act (8 U.S.C. 1184(c)) is amended by adding at the end
9 the following:
10‘‘(15) The Secretary of Homeland Security shall au-

11 thorize an alien fiancé, fiancée, or spouse admitted pursu12 ant to clause (i) or (ii) of section 101(a)(15)(K), or any
13 child admitted pursuant to section 101(a)(15)(K)(iii) to
14 engage in employment in the United States incident to15 such status and shall provide the alien with an ‘employ16 ment authorized’ endorsement during the period of au17 thorized admission.
18‘‘(16) Upon the receipt of a completed petition de-

19 scribed in subparagraph (E) or (F) of section 204(a)(1)
20 for a principal alien who has been admitted pursuant to
21 section 101(a)(15)(H)(i)(b), the Secretary of Homeland
22 Security shall authorize the alien spouse or child of such
23 principal alien who has been admitted under section
24 101(a)(15)(H) to accompany or follow to join a principal
25 alien admitted under such section, to engage in employ-February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

306
1 ment in the United States incident to such status and2 shall provide the alien with an ‘employment authorized’
3 endorsement during the period of authorized admission.’’.
4

SEC. 3402. ADDITIONAL VISAS.

5

Section 201 of the Immigration and Nationality Act

6 (8 U.S.C. 1151) is amended—
7(1) in subsection (c)—89(A) by adding at the end the following:‘‘(6)(A) For fiscal years 2025, 2026, 2027, 2028, and10 2029—111213‘‘(i) 512,000 shall be substituted for 480,000 inparagraph (1)(A)(i); and‘‘(ii) 258,000 shall be substituted for 226,000

14

in paragraph (1)(B)(i)(i) of that paragraph.

15‘‘(B) The additional visas authorized under subpara-

16 graph (A)—17‘‘(i) shall be issued each fiscal year;

18‘‘(ii) shall remain available in any fiscal year

19
20
21
22
23

February 4, 2024 (6:13 p.m.)

until issued; and‘‘(iii) shall be allocated in accordance with sections 201, 202, and 203.’’; and(2) in subsection (d), by adding at the end thefollowing:U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

3071‘‘(3)(A) For fiscal years 2025, 2026, 2027, 2028, and2 2029, 158,000 shall be substituted for 140,000 in para3 graph (1)(A).
4‘‘(B) The additional visas authorized under subpara-

5 graph (A)—6‘‘(i) shall be issued each fiscal year;

7‘‘(ii) shall remain available in any fiscal year

8

until issued; and9‘‘(iii) shall be allocated in accordance with sec-

10
11

tions 201, 202, and 203.’’.
SEC. 3403. CHILDREN OF LONG-TERM VISA HOLDERS.

12(a) MAINTAINING FAMILY UNITY FOR CHILDREN OF

13 LONG-TERM H–1B NONIMMIGRANTS AFFECTED

BY

14 DELAYS IN VISA AVAILABILITY.—Section 203(h) of the
15 Immigration and Nationality Act (8 U.S.C. 1153(h)) is
16 amended by adding at the end the following:
17‘‘(6) CHILD STATUS DETERMINATION FOR CER-

18

TAIN

19

IMMIGRANTS.—

20

DEPENDENT‘‘(A)

CHILDREN

DETERMINATIVE

OF

H-1B

NON-

FACTORS.—For21

purposes of subsection (d), the determination of

22

whether an alien described in subparagraph (B)23satisfies the age and marital status require-

24

ments set forth in section 101(b)(1) shall be

25

made using the alien’s age and marital status

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

308
1

on the date on which an initial petition as a2nonimmigrant3

101(a)(15)(H)(i)(b) was filed on behalf of the4alien’s parent, if such petition was approved.

5
6

described

insection‘‘(B) ALIEN DESCRIBED.—An alien is described in this subparagraph if such alien—

7‘‘(i) maintained, for an aggregate pe-

8riod of at least 8 years before reaching 21

9years of age, the status of a dependent

10

child of a nonimmigrant described in sec-

11

tion 101(a)(15)(H)(i)(b) pursuant to a12

lawful admission; and13‘‘(ii)(I) sought to acquire the status of

14

an alien lawfully admitted for permanent

15

residence during the 2-year period begin-

16

ning on the date on which an immigrant17

visa became available to such alien; or18‘‘(II) demonstrates, by clear and con-19

vincing evidence, that the alien’s failure to20

seek such status during such 2-year period21

was due to extraordinary circumstances.’’.

22(b) NONIMMIGRANT DEPENDENT CHILDREN OF H-

23 1B NONIMMIGRANTS.—Section 214 of the Immigration
24 and Nationality Act (8 U.S.C. 1184) is amended by add25 ing at the end the following:

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

3091‘‘(s) CHILD DERIVATIVE BENEFICIARIES OF H-1B

2 NONIMMIGRANTS.—
3‘‘(1) AGE DETERMINATION.—In the case of an4alien who maintained, for an aggregate period of at

5least 8 years before reaching 21 years of age, the6status of a dependent child of a nonimmigrant de-7

scribed in section 101(a)(15)(H)(i)(b) pursuant to a8

lawful admission, such alien’s age shall be deter-

9mined based on the date on which an initial petition10

for classification under such section was filed on be-11

half of the alien’s parent, if such petition is ap-

12

proved.

13‘‘(2)

LONG-TERM

DEPENDENTS.—Notwith-14

standing the alien’s actual age or marital status, an

15alien who is determined to be a child under para-

16

graph (1) and is otherwise eligible may change sta-17

tus to, or extend status as, a dependent child of a18

nonimmigrant19

101(a)(15)(H)(i)(b) if the alien’s parent—

20
21

described

insection‘‘(A) maintains lawful status under suchsection;22‘‘(B) has an employment-based immigrant23

visa petition that has been approved pursuant

24

to section 203(b); andFebruary 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

310
1‘‘(C) has not yet had an opportunity to2seek an immigrant visa or adjust status under3

section 245.

4‘‘(3) EMPLOYMENT AUTHORIZATION.—An alien

5

who is determined to be a child under paragraph (1)6

is authorized to engage in employment in the United

7

States incident to the status of his or her non-8

immigrant parent.

9‘‘(4) SURVIVING RELATIVE CONSIDERATION.—

10

Notwithstanding the death of the qualifying relative,11

an alien who is determined to be a child under para-

12

graph (1) is authorized to extend status as a de-13pendent child of a nonimmigrant described in section

14

101(a)(15)(H)(i)(b).’’.

15(c) MOTION TO REOPEN OR RECONSIDER.—

16(1) IN GENERAL.—A motion to reopen or re-17

consider the denial of a petition under section 204

18of the Immigration and Nationality Act (8 U.S.C.

191154) and a subsequent application for an immi-

20

grant visa or adjustment of status under section 245

21of the Immigration and Nationality Act (8 U.S.C.

221255), may be granted if—

23
24

February 4, 2024 (6:13 p.m.)(A) such petition or application would havebeen approved if—

U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

311
1(i) section 203(h)(6) of the Immigra-

2tion and Nationality Act, as added by sub-3

section (a), had been in effect when the pe-

4tition or application was adjudicated; and5(ii) the person concerned remains eli-

6gible for the requested benefit;

7(B) the individual seeking relief pursuant

8

to such motion was in the United States at the9time the underlying petition or application was

10

filed; and11(C) such motion is filed with the Secretary

12or the Attorney General not later than the date

13

that is 2 years after the date of the enactment

14of this Act.

15(2) PROTECTIONFROMREMOVAL.—Notwith-16

standing any other provision of the law, the Attor-

17

ney General and the Secretary—

18(A) may not initiate removal proceedings

19

against or remove any alien who has a pending

20

nonfrivolous motion under paragraph (1) or is21

seeking to file such a motion unless—22
23

February 4, 2024 (6:13 p.m.)(i) the alien is a danger to the community or a national security risk; orU:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

3121(ii) initiating a removal proceeding2

with respect to such alien is in the public

3interest; and4(B) shall provide aliens with a reasonable

5

opportunity to file such a motion.

6(3) EMPLOYMENT AUTHORIZATION.—An alien

7with a pending, nonfrivolous motion under this sub-8

section shall be authorized to engage in employment

9through the date on which a final administrative de-10

cision regarding such motion has been made.

11

SEC. 3404. MILITARY NATURALIZATION MODERNIZATION.

12(a) IN GENERAL.—Chapter 2 of title III of the Immi-

13 gration and Nationality Act (8 U.S.C. 1421 et seq.) is
14 amended—
15
16
17

(1) by striking section 328 (8 U.S.C. 1439);
and(2) in section 329 (8 U.S.C. 1440)—

18(A) by amending the section heading to

19

read

20

THROUGH SERVICE IN THE SELECTED RE-

21

SERVE OR IN ACTIVE-DUTY STATUS.—’’;

22

asfollows:‘‘NATURALIZATION(B) in subsection (a)—23(i) in the matter preceding paragraph24(1), by striking ‘‘during either’’ and all

25

that follows through ‘‘foreign force’’;February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

313
1(ii) in paragraph (1)—2

(I) by striking ‘‘America Samoa,

3

or

4

‘‘American Samoa, Swains Island, or

5

any of the freely associated States (as6defined in section 611(b)(1)(C) of the7

Individuals

with

8

cationAct

91411(b)(1)(C)),’’; and10

SwainsIsland’’andinserting

Disabilities(20

EduU.S.C.

(II) by striking ‘‘he’’ and insert-11

ing ‘‘such person’’; and12(iii) in paragraph (2), by striking ‘‘in13

an active-duty status, and whether separa-

14

tion from such service was under honorable

15

conditions’’ and inserting ‘‘in accordance16

with subsection (b)(3)’’; and17(C) in subsection (b)—1819(i) in paragraph (1), by striking ‘‘he’’and inserting ‘‘such person’’; and20(ii) in paragraph (3), by striking ‘‘an21

active-duty status’’ and all that follows

22

through ‘‘foreign force, and’’ and inserting

23‘‘in an active status (as defined in section

24

101(d) of title 10, United States Code), in25

the Selected Reserve of the Ready Reserve,

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

314
1

or on active duty (as defined in such sec-2tion) and, if separated’’.

3(b) CLERICAL AMENDMENT.—The table of contents

4 for the Immigration and Nationality Act (8 U.S.C. 1101
5 et seq.) is amended by striking the items relating to sec6 tions 328 and 329 and inserting the following:‘‘Sec. 329. Naturalization through service in the Selected Reserve or in activeduty status.’’.

7

SEC. 3405. TEMPORARY FAMILY VISITS.

8(a) ESTABLISHMENT OF NEW NONIMMIGRANT VISA

9 SUBCATEGORY.—Section 101(a)(15)(B) of the Immigra10 tion and Nationality Act (8 U.S.C. 1101(a)(15)(B)) is
11 amended by striking ‘‘temporarily for business or tempo12 rarily for pleasure;’’ and inserting ‘‘temporarily for—13‘‘(i) business;

14‘‘(ii) pleasure; or15‘‘(iii) family purposes;’’.

16(b) REQUIREMENTS APPLICABLE TO FAMILY PUR-

17

POSES VISAS.—Section 214 of the Immigration and Na-

18 tionality Act (8 U.S.C. 1184), as amended by section
19 3403(b), is further amended by adding at the end the fol20 lowing:
2122‘‘(t) REQUIREMENTS APPLICABLE TO FAMILY PURPOSES VISAS.—23‘‘(1) DEFINED TERM.—In this subsection and24

in section 101(a)(15)(B)(iii), the term ‘family pur-February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

315
1

poses’ means any visit by a relative for a social, oc-

2casional, major life, or religious event, or for any

3other purpose.

4‘‘(2) FAMILY PURPOSES VISA.—Except as pro-5

vided in paragraph (3), family travel for pleasure is

6

authorized pursuant to the policies, terms, and con-7

ditions in effect on the day before the date of the8enactment of the Border Act.

910‘‘(3) SPECIAL RULES FOR FAMILY PURPOSESVISAS FOR ALIENS AWAITING IMMIGRANT VISAS.—

11‘‘(A) NOTIFICATION OF APPROVED PETI-

12

TION.—A visa may not be issued to a relative

13

under section 101(a)(15)(B)(iii) until after the

14

consular officer is notified that the Secretary of

15

Homeland Security has approved a petition

16

filed in the United States by a family member

17of the relative who is a United States citizen or18

lawful permanent resident.

1920‘‘(B) PETITION.—A petition referred to in
subparagraph (A) shall—

21‘‘(i) be in such form and contain such22

information as the Secretary may prescribe

23

by regulation; and24

February 4, 2024 (6:13 p.m.)‘‘(ii) shall include—U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

316
1‘‘(I) a declaration of financial

2

support, affirming that the petitioner

3

will provide financial support to the4

relative for the duration of his or her

5

temporary stay in the United States;

6‘‘(II) evidence that the relative

7

has—

8

‘‘(aa) obtained, for the dura-

9tion of his or her stay in the10

United States, a short-term trav-

11

el medical insurance policy; or12‘‘(bb) an existing health in-13surance policy that provides cov-

14

erage for international medical

15

expenses; and16‘‘(III) a declaration from the rel-

17

ative, under penalty of perjury, af-18

firming the relative’s—

19‘‘(aa) intent to depart the20

United States at the conclusion

21of the relative’s period of author-

22

ized admission; and23‘‘(bb) awareness of the pen-24

alties for overstaying such period25

of authorized admission.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

3171‘‘(4) PETITIONER ELIGIBILITY.—

2‘‘(A) IN GENERAL.—Absent extraordinary

3

circumstances, an individual may not petition

4

for the admission of a relative as a non-5

immigrant

6

101(a)(15)(B)(iii) if such individual previously

7

petitioned for the admission of such a relative

8

who—

described

insection9‘‘(i) was admitted to the United

10

States pursuant to a visa issued under

11

such section as a result of such petition;

12

and

13

‘‘(ii) overstayed his or her period of

14

authorized admission.

15‘‘(B) PREVIOUS PETITIONERS.—

16‘‘(i) IN GENERAL.—An individual fil-17

ing a declaration of financial support on

18

behalf of a relative seeking admission as a19nonimmigrant20

101(a)(15)(B)(iii) who has previously pro-21

vided a declaration of financial support for

22such a relative shall—described

insection23‘‘(I) certify to the Secretary of24

Homeland Security that the relative25

whose admission the individual pre-February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

318
1

viously supported did not overstay his

2or her period of authorized admission;

3

or

4

‘‘(II) explain why the relative’s

5overstay was due to extraordinary cir-

6

cumstances beyond the control of the7

relative.

8‘‘(ii) CRIMINAL PENALTY FOR FALSE

9STATEMENT.—A certification under clause

10(i)(I) shall be subject to the requirements

11

under section 1001 of title 18, United

12

States Code.

13‘‘(C) WAIVER.—The Secretary of Home-

14

land Security may waive the application of sec-

15

tion 212(a)(9)(B) in the case of a non-16

immigrant

17

101(a)(15)(B)(iii) who overstayed his or her pe-

18

riod of authorized admission due to extraor-

19

dinary circumstances beyond the control of the20

nonimmigrant.’’.

21

described

insection(c) RESTRICTION ON CHANGE OF STATUS.—Section

22 248(a)(1) of the Immigration and Nationality Act (823 U.S.C. 1258(a)(1)) is amended by inserting ‘‘(B)(iii),’’24 after ‘‘subparagraph’’.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

319
1(d) FAMILY PURPOSE VISA ELIGIBILITY WHILE

2 AWAITING IMMIGRANT VISA.—
3(1) IN

GENERAL.—Notwithstanding

section4

214(b) of the Immigration and Nationality Act (85U.S.C. 1184(b)), a nonimmigrant described in sec-

6

tion 101(a)(15)(B)(iii) of such Act, as added by sub-7

section (a), who has been classified as an immigrant8

under section 201 of such Act (8 U.S.C. 1151) and9

is awaiting the availability of an immigrant visa sub-10

ject to the numerical limitations under section 203

11of such Act (8 U.S.C. 1153) may be admitted pursu-

12

ant to a family purposes visa, in accordance with13

section 214(t) of such Act, as added by subsection

14(b), if the individual is otherwise eligible for admis-

15

sion.

16

(2) LIMITATION.—An alien admitted under sec-

17

tion 101(a)(15)(B)(iii) of the Immigration and Na-

18tionality Act, pursuant to section 214(t)(3) of such

19

Act, as added by subsection (b), may not be consid-

20

ered to have been admitted to the United States for21

purposes of section 245(a) of such Act (8 U.S.C.

22

1255(a)).

23(e) RULE OF CONSTRUCTION.—Nothing in this sec-

24 tion, or in the amendments made by this section, may be
25 construed as—

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

320
1(1) limiting the authority of immigration offi-

2

cers to refuse to admit to the United States an ap-

3

plicant under section 101(a)(15)(B)(iii) of the Immi-

4gration and Nationality Act, as added by subsection

5(a), who fails to meet 1 or more of the criteria under6

section 214(t) of such Act, as added by subsection

7(b), or who is inadmissible under section 212(a) of

8such Act (8 U.S.C. 1182(a)); or

9(2)

precluding

the

use

of

section10

101(a)(15)(B)(ii) of the Immigration and Nation-

11

ality Act, as added by subsection (a), for family

12

travel for pleasure in accordance with the policies

13

and procedures in effect on the day before the date14of the enactment of this Act.

15
16
17
18

TITLE V—SELF-SUFFICIENCYAND DUE PROCESS
Subtitle A—Work Authorizations
SEC. 3501. WORK AUTHORIZATION.

19

Section 208(d)(2) of the Immigration and Nationality

20 Act (8 U.S.C. 1158(d)(2)) is amended to read as follows:21‘‘(2) EMPLOYMENT

22

provided in section 235C—

ELIGIBILITY.—Exceptas23‘‘(A) an applicant for asylum is not enti-

24

tled to employment authorization, but such au-

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

321
1thorization may be provided by the Secretary of2Homeland Security by regulation; and3‘‘(B) an applicant who is not otherwise eli-

4gible for employment authorization may not be

5

granted employment authorization under this6

section before the date that is 180 days after7

the date on which the applicant files an applica-

8tion for asylum.’’.

9SEC. 3502. EMPLOYMENT ELIGIBILITY.

10(a) IN GENERAL.—Chapter 4 of title II of the Immi-

11 gration and Nationality Act (8 U.S.C. 1221 et seq.), as
12 amended by section 3141(a), is further amended by add13 ing at the end the following:
14‘‘SEC. 235C. EMPLOYMENT ELIGIBILITY.

15‘‘(a) EXPEDITED EMPLOYMENT ELIGIBILITY.—

16‘‘(1) IN GENERAL.—The Secretary of Homeland

17

Security shall authorize employment for any alien

18

who—

19

‘‘(A)(i) is processed under the procedures

20

described in section 235(b)(1) and receives a21

positive protection determination pursuant to22such procedures; or23
24

February 4, 2024 (6:13 p.m.)‘‘(ii)(I) is processed under the procedures
described in section 235B; andU:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

322
1‘‘(II)(aa) receives a positive protection de-2termination and is subsequently referred under3

section 235B(c)(2)(B)(i) for a protection merits

4interview; or5‘‘(bb) is referred under section 235B(f)(1)

6

for a protection merits interview; and7‘‘(B) is released from the physical custody

8of the Secretary of Homeland Security.

9‘‘(2) APPLICATION.—The Secretary of Home-10land Security shall grant employment authorization

11

to—

12

‘‘(A) an alien described in paragraph

13(1)(A)(i) immediately upon such alien’s release14

from physical custody;

15‘‘(B) an alien described in paragraph

16(1)(A)(ii)(II)(aa) at the time such alien receives

17

a positive protection determination or is re-18

ferred for a protection merits interview; and19‘‘(C) an alien described in paragraph

20(1)(A)(ii)(II)(bb) on the date that is 30 days

21

after the date on which such alien files an ap-

22

plication pursuant to section 235B(f).

23‘‘(b) TERM.—Employment authorization under this

24 section—

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

323
1
2
3

‘‘(1) shall be for an initial period of 2 years;and‘‘(2) shall be renewable, as applicable—

4‘‘(A) for additional 2-year periods while5

the alien is in protection merits removal pro-6

ceedings, including while the outcome of the

7

protection merits interview is under administra-

8

tive or judicial review; or

9
10
11

‘‘(B) until the date on which—‘‘(i) the alien receives a negative protection merits determination; or12‘‘(ii) the alien otherwise receives em-

13ployment authorization under any other14

provision of this Act.

15‘‘(c) RULES OF CONSTRUCTION.—

16‘‘(1) DETENTION.—Nothing in this section may

17

be construed to expand or restrict the authority of18

the Secretary of Homeland Security to detain or re-19

lease from detention an alien, if such detention or20

release from detention is authorized by law.

21‘‘(2) LIMITATION ON AUTHORITY.—The Sec-22

retary of Homeland Security may not authorize for23

employment in the United States an alien being

24

processed under section 235(b)(1) or 235B in any

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

324
1

circumstance not explicitly described in this sec-

2

tion.’’.

3(b) CONFORMING AMENDMENT.—The table of con-

4 tents for the Immigration and Nationality Act (8 U.S.C.
5 1101 et seq.) is amended by inserting after the item relat6 ing to section 235B, as added by section 3141(b), the fol7 lowing:‘‘Sec. 235C. Employment eligibility.’’.

8

Subtitle B—Protecting Due Process

9SEC. 3511. ACCESS TO COUNSEL.

10(a) IN GENERAL.—Section 235(b)(1)(B)(iv) of the

11 Immigration

andNationality

Act

(8

U.S.C.

12 1225(b)(1)(B)(iv)) is amended to read as follows:13‘‘(iv) INFORMATION ABOUT PROTEC-

14

TION DETERMINATIONS.—

15‘‘(I) IN

GENERAL.—The

Sec-

16

retary of Homeland Security shall17

provide an alien with information in

18

plain language regarding protection

19

determinations conducted under this20

section, including the information de-21

scribed in subclause (II)—2223‘‘(aa) at the time of the initial processing of the alien; and24‘‘(bb) to the maximum ex-

25

tent practicable, in the alien’s na-

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

325
1

tive language or in a language2

the alien understands.

3‘‘(II)INFORMATIONDE-4SCRIBED.—The information described5

in this subclause is information relat-

6

ing to—7‘‘(aa) the rights and obliga-

8

tions of the alien during a protec-

9tion determination;

10‘‘(bb) the process by which a

11

protection determination is con-12

ducted;13‘‘(cc) the procedures to be

14

followed by the alien in a protec-

15tion determination; and16‘‘(dd)

17

sequences of—

18‘‘(AA)

thepossible

not

con-

complying

19

with the obligations referred20

to in item (aa); and21‘‘(BB) not cooperating

22

with Federal authorities.

23‘‘(III) ACCESSIBILITY.—An alien24

who has a limitation that renders the25

alien unable to read written materials

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

326
1

provided under subclause (I) shall re-2

ceive an interpretation of such mate-3

rials in the alien’s native language, to4

the maximum extent practicable, or in5

a language and format the alien un-

6derstands.

7‘‘(IV) TIMING

8

DETERMINATION.—

9‘‘(aa)IN

OF

PROTECTION

GENERAL.—The

10protection determination of an

11alien shall not occur earlier than

12

72 hours after the provision of13

the information described in sub-14

clauses (I) and (II).

15
16‘‘(bb)

WAIVER.—An

alien

may—

17

‘‘(AA) waive the 72-

18

hour

19

item (aa) only if the alien

20

knowingly

21

does so, only in a written

22

format or in an alternative

23

record if the alien is unable24

to write, and only after the25

alien receives the informa-

February 4, 2024 (6:13 p.m.)requirement

and

under

voluntarily

U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

327
1

tion required to be provided

2

under subclause (I); and3‘‘(BB) consult with an

4

individual

5choosing in accordance with

6

subclause (V) before waiving

7

such requirement.

8‘‘(V) CONSULTATION.—

9‘‘(aa)

IN

of

the

alien’s

GENERAL.—An

10alien who is eligible for a protec-

11tion determination may consult

12with one or more individuals of

13

the alien’s choosing before the14screening or interview, or any re-15view of such a screening or inter-

16

view, in accordance with regula-

17

tions prescribed by the Secretary18

of Homeland Security.

19‘‘(bb)

LIMITATION.—Con-

20

sultation described in item (aa)21

shall be at no expense to the22

Federal Government.

23‘‘(cc)

24

INTERVIEW.—An25

sen by the alien may participate

February 4, 2024 (6:13 p.m.)

PARTICIPATION

IN

individual cho-

U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

328
1

in the protection determination of2

the alien conducted under this3

subparagraph.

4‘‘(dd)ACCESS.—The

Sec-

5

retary6

shall ensure that a detained alien

7

has effective access to the indi-

8

viduals chosen by the alien, which

9

may include physical access, tele-10

phonic access, and access by elec-

11

tronic communication.

12of‘‘(ee)

Homeland

Security

INCLUSIONS.—Con-

13

sultations under this subclause

14

may include—

15‘‘(AA) consultation with

16

an individual authorized by

17

the Department of Justice18

through the Recognition and19

Accreditation Program; and20‘‘(BB)

consultation

21

with an attorney licensed

22

under applicable law.

23‘‘(ff) RULES OF CONSTRUC-

24

TION.—Nothing in this subclause25

may be construed—

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

329
1‘‘(AA) to require the2Federal Government to pay

3for any consultation author-

4

ized under item (aa);5‘‘(BB) to invalidate or

6limit the remedies, rights,

7

and procedures of any Fed-8eral law that provides pro-9

tection for the rights of indi-

10viduals with disabilities; or11‘‘(CC) to contravene or

12

limit the obligations under13

the Vienna Convention on

14

Consular Relations done at

15

Vienna April 24, 1963.’’.

16(b) CONFORMING AMENDMENT.—Section 238(a)(2)17 of the Immigration and Nationality Act (8 U.S.C.
18 1228(a)(2)) is amended by striking ‘‘make reasonable ef19 forts to ensure that the alien’s access to counsel’’ and in20 serting ‘‘ensure that the alien’s access to counsel, pursu21 ant to section 235(b)(1)(B)(iv),’’.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

330
1

SEC.

2
3

3512.

COUNSELFOR

CERTAIN

UNACCOMPANIEDALIEN CHILDREN.

Section 235(c)(5) of the William Wilberforce Traf-

4 ficking Victims Protection Reauthorization Act of 2008 (85 U.S.C. 1232(c)(5)) is amended to read as follows:6‘‘(5) ACCESS TO COUNSEL.—

7‘‘(A) IN GENERAL.—Except as provided in

8

subparagraph (B), the Secretary of Health and9Human Services shall ensure, to the greatest

10

extent practicable and consistent with section

11

292 of the Immigration and Nationality Act (812U.S.C. 1362), that all unaccompanied alien

13

children who are or have been in the custody of

14

the Secretary of Health and Human Services or

15

the Secretary of Homeland Security, and who

16

are not described in subsection (a)(2)(A), have17

counsel to represent them in legal proceedings

18

or matters and protect them from mistreat-19

ment, exploitation, and trafficking. To the20

greatest extent practicable, the Secretary of

21

Health and Human Services shall make every

22

effort to utilize the services of pro bono counsel

23

who agree to provide representation to such24

children without charge.

25‘‘(B) EXCEPTION

26
February 4, 2024 (6:13 p.m.)

DREN.—FOR

CERTAIN

CHIL-

U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

331
1

‘‘(i)

IN

GENERAL.—An

unaccom-2

panied alien child who is 13 years of age

3

or younger, and who is placed in or re-4

ferred to removal proceedings pursuant to5section 240 of the Immigration and Na-

6tionality Act (8 U.S.C. 1229a), shall be

7

represented by counsel subject to clause

8

(v).

9

‘‘(ii)

AGE

DETERMINATIONS.—The

10

Secretary of Health and Human Services

11

shall ensure that age determinations of un-

12

accompanied alien children are conducted13

in accordance with the procedures devel-

14

oped pursuant to subsection (b)(4).

15
16
17
18

‘‘(iii)APPEALS.—The

rightsandprivileges under this subparagraph—‘‘(I) shall not attach to—‘‘(aa)

anunaccompanied19

alien child after the date on

20

which—

21‘‘(AA) the removal pro-22

ceedings of the child under23

section 240 of the Immigra-

24tion and Nationality Act (825

U.S.C. 1229a) terminate;

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

332
1‘‘(BB) an order of re-2

moval with respect to the3child becomes final; or

4‘‘(CC) an immigration5

benefit is granted to the6child; or7‘‘(bb) an appeal to a district

8

court or court of appeals of the

9

United States, unless certified by

10

the Secretary as a case of ex-

11

traordinary importance; and12‘‘(II) shall attach to administra-

13

tive reviews and appeals.

14‘‘(iv) IMPLEMENTATION.—Not later15

than 90 days after the date of the enact-

16

ment of the Border Act, the Secretary of

17

Health and Human Services shall imple-

18

ment this subparagraph19‘‘(v) REMEDIES.—

20‘‘(I) IN GENERAL.—For the pop-

21

ulation described in clause (i) of this22

subparagraph and subsection (b)(1) of

23

section 292 of the Immigration and24

Nationality Act (8 U.S.C. 1362), de-25

claratory judgment that the unaccom-

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

333
1

panied alien child has a right to be re-2

ferred to counsel, including pro-bono

3counsel, or a continuance of immigra-

4tion proceedings, shall be the exclusive

5

remedies available, other than for6

those funds subject to appropriations.

7‘‘(II) SETTLEMENTS.—Any set-8

tlement under this subparagraph shall9

be subject to appropriations.’’.

10

SEC. 3513. COUNSEL FOR CERTAIN INCOMPETENT INDIVID-

11
12

UALS.

Section 240 of the Immigration and Nationality Act

13 (8 U.S.C. 1229a) is amended—
1415(1) by redesignating subsection (e) as subsection (f); and16(2) by inserting after subsection (d) the fol-17

lowing:18‘‘(e) REPRESENTATION FOR CERTAIN INCOMPETENT

19 ALIENS.—
20‘‘(1) IN GENERAL.—The immigration judge is21

authorized to appoint legal counsel or a certified

22

representative accredited through the Department of

23

Justice to represent an alien in removal proceedings

24

if—

25

February 4, 2024 (6:13 p.m.)‘‘(A) pro bono counsel is not available; andU:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

334
1‘‘(B) the alien—2‘‘(i) is unrepresented;

3‘‘(ii) was found by an immigration

4

judge to be incompetent to represent them-5selves; and6‘‘(iii) has been placed in or referred to7

removal proceedings pursuant to this sec-

8

tion.

9

‘‘(2) DETERMINATION ON COMPETENCE.—

10‘‘(A) PRESUMPTION OF COMPETENCE.—An

11alien is presumed to be competent to participate

12

in removal proceedings and has the duty to13raise the issue of competency. If there are no14

indicia of incompetency in an alien’s case, no15

further inquiry regarding competency is re-16

quired.

1718‘‘(B) DECISION

OF

THE

IMMIGRATIONJUDGE.—

19‘‘(i) IN GENERAL.—If there are indi-20

cia of incompetency, the immigration judge

21

shall consider whether there is good cause

22

to believe that the alien lacks sufficient

23

competency to proceed without additional

24

safeguards.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

335
1‘‘(ii) INCOMPETENCY TEST.—The test2

for determining whether an alien is incom-

3

petent to participate in immigration pro-4

ceedings, is not malingering, and con-5

sequently lacks sufficient capacity to pro-

6

ceed, is whether the alien, not solely on ac-

7

count of illiteracy or language barriers—

8‘‘(I) lacks a rational and factual

9

understanding of the nature and ob-

10ject of the proceedings;

11‘‘(II) cannot consult with an

12available attorney or representative;

13

and

14

‘‘(III) does not have a reasonable

15

opportunity to examine and present

16

evidence and cross-examine witnesses.

17‘‘(iii) NO APPEAL.—A decision of an

18

immigration judge under this subpara-

19

graph may not be appealed administra-

20

tively and is not subject to judicial review.

21‘‘(C) EFFECTOF

FINDINGOF

INCOM-

22

PETENCE.—A finding by an immigration judge

23that an alien is incompetent to represent him-

24

self or herself in removal proceedings shall not

25

prejudice the outcome of any proceeding underFebruary 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

336
1

this section or any finding by the immigration

2

judge with respect to whether the alien is inad-3

missible under section 212 or removable under4

section 237.

5‘‘(3) QUARTERLY REPORT.—Not later than 90

6days after the effective date of a final rule imple-

7

menting this subsection, and quarterly thereafter,

8

the Director of the Executive Office for Immigration

9

Review shall submit to the appropriate committees

10of Congress a report that includes—

11‘‘(A)(i) the number of aliens in proceedings

12

under this section who claimed during the re-13

porting period to be incompetent to represent

14

themselves, disaggregated by immigration court

15

and immigration judge; and16‘‘(ii) a description of each reason given for

17such claims, such as mental disease or mental

18

defect; and19‘‘(B)(i) the number of aliens in proceedings

20

under this section found during the reporting

21

period by an immigration judge to be incom-

22

petent to represent themselves, disaggregated23

by immigration court and immigration judge;

24

and

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

337
1‘‘(ii) a description of each reason upon2

which such findings were based, such as mental

3

disease or mental defect.

4‘‘(4) RULE

5

OF

CONSTRUCTION.—Nothinginthis subsection may be construed—

6‘‘(A) to require the Secretary of Homeland

7

Security or the Attorney General to analyze

8whether an alien is incompetent to represent

9themselves, absent an indicia of incompetency;

10‘‘(B) to establish a substantive due process

11
12
13

right;‘‘(C) to automatically equate a diagnosis ofa mental illness to a lack of competency;

14‘‘(D) to limit the ability of the Attorney

15

General or the immigration judge to prescribe

16

safeguards to protect the rights and privileges

17of the alien;

18‘‘(E) to limit any authorized representation

19

program by a State, local, or Tribal govern-

20

ment;

21

‘‘(F) to provide any statutory right to rep-22

resentation in any proceeding authorized under

23

this Act, unless such right is already authorized

24

by law; orFebruary 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

338
1‘‘(G) to interfere with, create, or expand2

any right or responsibility established through a3

court order or settlement agreement in effect4

before the date of the enactment of the Border

5

Act.

6

‘‘(5) RULEMAKING.—The Attorney General is7

authorized to prescribe regulations to carry out this8

subsection.’’.

9

SEC. 3514. CONFORMING AMENDMENT.

10

Section 292 of the Immigration and Nationality Act

11 (8 U.S.C. 1362) is amended to read as follows:
12‘‘SEC. 292. RIGHT TO COUNSEL.

13‘‘(a) IN GENERAL.—In any removal proceeding be-

14 fore an immigration judge and in any appeal proceeding
15 before the Attorney General from an order issued through16 such removal proceeding, the person concerned shall have
17 the privilege of being represented (at no expense to the
18 Federal Government) by any counsel who is authorized to
19 practice in such proceedings.
20‘‘(b) EXCEPTIONS FOR CERTAIN POPULATIONS.—

21 The Federal Government is authorized to provide counsel,
22 at its own expense, in proceedings described in subsection
23 (a) for—24‘‘(1) unaccompanied alien children described in25paragraph (5)(B) of section 235(c) of the William

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

339
1

Wilberforce Trafficking Victims Protection Reau-2

thorization Act of 2008 (8 U.S.C. 1232(c)); and3‘‘(2) subject to appropriations, certain incom-

4

petent aliens described in section 240(e).’’.

5
6

TITLE VI—ACCOUNTABILITY
AND METRICS

7

SEC. 3601. EMPLOYMENT AUTHORIZATION COMPLIANCE.

8

Not later than 1 year and 180 days after the date

9 of the enactment of this Act, and annually thereafter, the
10 Secretary shall submit a report to the appropriate commit11 tees of Congress and to the public that describes the ac12 tions taken by Secretary pursuant to section 235C of the
13 Immigration and Nationality Act, as added by section
14 3502, including—15(1) the number of employment authorization

16

applications granted or denied pursuant to sub-17

section (a)(1) of such section 235C, disaggregated18

by whether the alien concerned was processed under19

the procedures described in section 235(b)(1) or

20

235B of such Act;21(2) the ability of the Secretary to comply with22

the timelines for provision of work authorization pre-23

scribed in subparagraphs (A) through (C) of section

24

235C(a)(2) of such Act, including whether com-25

plying with subparagraphs (A) and (B) of such sec-

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

340
1tion 235C(a)(2) has caused delays in the processing

2of such aliens;

3(3) the number of employment authorizations

4

revoked due to an alien’s failure to comply with the5requirements under section 235B(f)(5)(B) of the6

Immigration and Nationality Act, as added by sec-

7

tion 3141, or for any other reason, along with the8

articulated basis; and

9(4) the average time for the revocation of an

10

employment authorization if an alien is authorized to11

work under section 235C of the Immigration and

12

Nationality Act and is subsequently ordered re-13

moved.

14

SEC. 3602. LEGAL ACCESS IN CUSTODIAL SETTINGS.

15

Not later than 180 days after the date of the enact-

16 ment of this Act, and annually thereafter, the Secretary
17 shall submit a report to the appropriate committees of
18 Congress and to the public regarding alien access to legal
19 representation and consultation in custodial settings, in20 cluding—21(1) the total number of aliens who secured or22

failed to secure legal representation pursuant to sec-

23

tion 235(b)(1)(B)(iv)(V) of the Immigration and24

Nationality Act, as added by section 3511, before

25

the

February 4, 2024 (6:13 p.m.)

protection

determination

under

sectionU:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

341
1235(b)(1)(B)(i) of such Act, including the disposi-

2tion of such alien’s interview;

3(2) the total number of aliens who waived the472-hour5

235(b)(1)(B)(iv)(IV)(bb) of such Act, including the6

disposition of the alien’s protection determination

7

pursuant to section 235(b)(1)(B)(i) of such Act;

periodpursuanttosection8(3) the total number of aliens who required a9verbal interpretation of the information about

10

screenings and interviews pursuant to section

11

235(b)(1)(B)(iv) of such Act, disaggregated by the

12number of aliens who received or did not receive

13

such an interpretation, respectively, pursuant to sec-

14

tion 235(b)(1)(B)(iv)(III) of such Act, including the15

disposition of their respective protection determina-

16

tions pursuant to section 235(b)(1)(B)(i) of such

17

Act;

18

(4) the total number of aliens who received in-

19

formation, either verbally or in writing, in their na-

20tive language; and21(5) whether such policies and procedures with22

respect

23

235(b)(1)(B)(iv) have been made available publicly.

February 4, 2024 (6:13 p.m.)toaccessprovidedin

sectionU:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

342
1

SEC. 3603. CREDIBLE FEAR AND PROTECTION DETERMINA-

2
3

TIONS.

Not later than 1 year and 60 days after the date of

4 the enactment of this Act, and annually thereafter, the
5 Director of U.S. Citizenship and Immigration Services
6 shall submit a report to the appropriate committees of
7 Congress and to the public that sets forth—
8(1) the number of aliens who requested or re-9

ceived a protection determination pursuant to sec-

10

tion 235(b)(1)(B) of the Immigration and Nation-

11

ality Act (8 U.S.C. 1225(b)(1)(B));12(2) the number of aliens who requested or re-13

ceived a protection determination pursuant to sec-

14

tion 235B(b) of such Act, as added by section 3141;

15(3) the number of aliens described in para-

16

graphs (1) and (2) who are subject to an asylum ex-17

ception under section 235(b)(1)(B)(vi) of such Act,18

disaggregated by specific asylum exception;

19(4) the number of aliens for whom an asylum

20

officer determined that an alien may be eligible for21

a waiver under section 235(b)(1)(B)(vi) of such Act

22

and did not apply such asylum exception to such

23

alien;

24
25

February 4, 2024 (6:13 p.m.)(5) the number of aliens described in paragraph(1) or (2) who—

U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

343
1
2

(A) received a positive screening or determination; or

3(B) received a negative screening or deter-

4mination;

5(6) the number of aliens described in paragraph

6(5)(B) who requested reconsideration or appeal of a7

negative screening and the disposition of such re-8quests;

9
10
11
12
13

(7) the number of aliens described in paragraph(6) who, upon reconsideration—(A) received a positive screening or determination, as applicable; or(B) received a negative screening or deter-

14

mination, as applicable;

15(8) the number of aliens described in paragraph

16(5)(B) who appealed a decision subsequent to a re-17

quest for reconsideration;

18(9) the number of aliens described in paragraph

19(5)(B) who, upon appeal of a decision, disaggregated

20

by whether or not such alien requested reconsider-21

ation of a negative screening—

22
23
24
25

February 4, 2024 (6:13 p.m.)(A) received a positive screening or determination, as applicable; or(B) received negative screening or determination, as applicable; andU:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

344
1(10) the number of aliens who withdraw their2application for admission, including—

3(A) whether such alien could read or write;

4(B) whether the withdrawal occurred in5

the alien’s native language;

6(C) the age of such alien; and7(D) the Federal agency or component that8
9

processed such withdrawal.
SEC. 3604. PUBLICATION OF OPERATIONAL STATISTICS BY

10
11

U.S. CUSTOMS AND BORDER PROTECTION.

(a) IN GENERAL.—Beginning in the second calendar

12 month beginning after the date of the enactment of this13 Act, the Commissioner for U.S. Customs and Border Pro14 tection shall publish, not later than the seventh day of
15 each month, on a publicly available website of the Depart16 ment, information from the previous month relating to—
17
18

(1)

the

numberofalien

encounters,

disaggregated by—

19(A) whether such aliens are admissible or20

inadmissible, including the basis for such deter-

21

minations;

22(B) the U.S. Border Patrol sector and

23

U.S. Customs and Border Protection field office24that recorded the encounter;February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

345
1(C) any outcomes recorded in the terrorist

2

screening database (as such term is defined in

3

section 2101 of the Homeland Security Act of

4

2002 (6 U.S.C. 621)), including—

5(i) whether the alien is found to be in-6admissible or removeable due to a specific

7

ground relating to terrorism;

8(ii) the alien’s country of nationality,

9

race or ethnic identification, and age; and10(iii) whether the alien’s alleged ter-

11

rorism is related to domestic or inter-

12

national actors, if available;

13(D) aliens with active Federal or State

14

warrants for arrest in the United States and15

the nature of the crimes justifying such war-

16

rants;

17(E) the nationality of the alien;

18(F) whether the alien encountered is a sin-

19

gle adult, an individual in a family unit, an un-

20

accompanied child, or an accompanied child;21(G) the average time the alien remained in22

custody, disaggregated by demographic infor-

23

mation;24(H) the processing disposition of each alien25

described in this paragraph upon such alien’s

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

346
1

release from the custody of U.S. Customs and2

Border Protection, disaggregated by nationality;

3(I) the number of aliens who are paroled4

pursuant to section 212(d)(5) of the Immigra-

5tion and Nationality Act (8 U.S.C. 1182(d)(5)),

6disaggregated by geographic region or sector;

7(J) the recidivism rate of aliens described

8

in this paragraph, including the definition of

9‘‘recidivism’’ and notice of any changes to such

10

definition; and

1112(K) aliens who have a confirmed gang affiliation, including—

13(i) whether such alien was determined14

to be inadmissible or removable due to15

such affiliation;

1617(ii) the specific gang affiliation alleged;18(iii) the basis of such allegation; and19(iv) the Federal agency or component

20

that made such allegation or determina-

21

tion;

22

(2) seizures, disaggregated by the U.S. Border

23

Patrol sector and U.S. Customs and Border Protec-

24tion field office that recorded the encounter, of—25

February 4, 2024 (6:13 p.m.)(A) narcotics;

U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

347
1(B) firearms, whether inbound or out-

2bound, including whether such firearms were3

manufactured in the United States, if known;

45(C) monetary instruments, whether inbound and outbound; and6(D) other specifically identified contra-

7

band;

8

(3) with respect to border emergency authority

9

described in section 244A of the Immigration and

10

Nationality Act, as added by section 3301—

1112(A) the number of days such authority wasin effect;

13(B) the number of encounters (as defined

14

in

15

disaggregated by U.S. Border Patrol sector and

16

U.S. Customs and Border Patrol field office;17
18

section

244A(i)(3))

of

such

Act,

(C) the number of summary removals
made under such authority;

19(D) the number of aliens who manifested

20

a fear of persecution or torture and were21

screened for withholding of removal or for pro-22

tection under the Convention Against Torture,23

and the disposition of each such screening, in-24

cluding the processing disposition or outcome;February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

348
1(E) the number of aliens who were2

screened at a port of entry in a safe and orderly

3manner each day such authority was in effect,4

including the processing disposition or outcome;5(F) whether such authority was exercised

6

under subparagraph (A), (B)(i), or (B)(ii) of

7

section 244A(b)(3) of such Act;8(G) a public description of all the methods

9by which the Secretary determines if an alien

10

may be screened in a safe and orderly manner;

11(H) the total number of languages that are

12

available for such safe and orderly process;

13(I) the number of aliens who were returned

14

to a country that is not their country of nation-

15

ality;

16(J) the number of aliens who were re-17

turned to any country without a humanitarian18

or protection determination during the use of

19such authority;

20(K) the number of United States citizens

21

who were inadvertently detained, removed, or22

affected by such border emergency authority;

23(L) the number of individuals who have24

lawful permission to enter the United States

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

349
1

and were inadvertently detained, removed, or2

affected by such border emergency authority;

3(M) a summary of the impact to lawful

4

trade and travel during the use of such border5

emergency authority, disaggregated by port of6

entry;

7(N) the disaggregation of the information

8

described in subparagraphs (C), (D), (E), (I),9(J), (K), and (L) by the time the alien re-10

mained in custody and by citizenship and family

11

status, including—

12(i) single adults;

13(ii) aliens traveling in a family unit;

14(iii) unaccompanied children;

15(iv) accompanied children;16(4) information pertaining to agricultural in-

17

spections;18(5) border rescues and mortality data;

19(6) information regarding trade and travel; and20(7) with respect to aliens who were transferred21

from the physical custody of a State or Federal law

22

enforcement agency or other State agency to the23

physical custody of a Federal agency or compo-

24

nent—

25

February 4, 2024 (6:13 p.m.)(A) the specific States concerned;

U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

350
1(B) whether such alien had initially been2

charged with a State crime before the State3transferred such alien to such Federal agency

4or component; and5(C) the underlying State crime with which

6

the alien was charged.

7(b) TOTALS.—The information described in sub-8 section (a) shall include the total amount of each element
9 described in each such paragraph in the relevant unit of
10 measurement for reporting month.
11(c) DEFINITIONS.—The monthly publication required

12 under subsection (a) shall—
13(1) include the definition of all terms used by

14

the Commissioner; and15(2) specifically note whether the definition of16

any term has been changed.

17(d) PROTECTION OF PERSONALLY IDENTIFIABLE IN-

18

FORMATION.—In preparing each publication pursuant to19 subsection (a), the Secretary shall—
20(1) protect any personally identifiable informa-

21tion associated with aliens described in subsection

22(a); and23

February 4, 2024 (6:13 p.m.)(2) comply with all applicable privacy laws.

U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

351
1

SEC. 3605. UTILIZATION OF PAROLE AUTHORITIES.

2

Section 602(b) of the Illegal Immigration Reform and3 Immigrant Responsibility Act of 1996 (8 U.S.C. 1182
4 note) is amended to read as follows:5‘‘(b) ANNUAL REPORT TO CONGRESS.—

6‘‘(1) IN GENERAL.—Not later than 90 days

7

after the end of each fiscal year, the Secretary of

8Homeland Security shall submit a report to the9Committee on the Judiciary of the Senate, the Com-10

mittee on Homeland Security and Governmental Af-

11fairs of the Senate, the Committee on the Judiciary

12of the House of Representatives, the Committee on

13Homeland Security of the House of Representatives,

14

and the public that identifies the number of aliens

15

paroled into the United States pursuant to section

16

212(d)(5) of the Immigration and Nationality Act (817

U.S.C. 1182(d)(5)).

18
19
20
21
22
23
24

‘‘(2) CONTENTS.—Each report required underparagraph (1) shall include—‘‘(A) the total number of aliens—‘‘(i) who submitted applications forparole;‘‘(ii) whose parole applications wereapproved; or25‘‘(iii) who were granted parole into

26

the United States during the fiscal year

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

352
1

immediately preceding the fiscal year dur-2

ing which such report is submitted;

3‘‘(B) the elements described in subpara-

4graph (A), disaggregated by—5‘‘(i) citizenship or nationality;

6‘‘(ii) demographic categories;

7‘‘(iii) the component or subcomponent

8of the Department of Homeland Security

9

that granted such parole;10
11‘‘(iv) the parole rationale or class ofadmission, if applicable; and12‘‘(v) the sector, field office, area of re-13

sponsibility, or port of entry where such

14

parole was requested, approved, or grant-

15

ed;

16

‘‘(C) the number of aliens who requested

17

re-parole, disaggregated by the elements de-18

scribed in subparagraph (B), and the number of19denials of re-parole requests;

20‘‘(D) the number of aliens whose parole21

was terminated for failing to abide by the terms

22of parole, disaggregated by the elements de-23

scribed in subparagraph (B);

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

353
1‘‘(E) for any parole rationale or class of2

admission which requires sponsorship, the num-3

ber of sponsor petitions which were—4‘‘(i) confirmed;

5‘‘(ii) confirmed subsequent to a non-6

confirmation; or7‘‘(iii) denied;8‘‘(F) for any parole rationale or class of

9admission in which a foreign government has

10agreed to accept returns of third country na-

11tionals, the number of returns of such third

12

country nationals such foreign government has

13

accepted;

14‘‘(G) the number of aliens who filed for15

asylum after being paroled into the United

16

States; and17‘‘(H) the number of aliens described in

18

subparagraph (G) who were granted employ-

19

ment authorization based solely on a grant of

20

parole.

21‘‘(3) PROTECTION OF PERSONALLY IDENTIFI-

22

ABLE INFORMATION.—In preparing each report pur-23

suant to paragraph (1), the Secretary shall—

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

354
1‘‘(A) protect any personally identifiable in-2

formation associated with aliens described in3paragraph (1); and4‘‘(B) comply with all applicable privacy

5
6

laws.’’.
SEC. 3606. ACCOUNTABILITY IN PROVISIONAL REMOVAL

7
8

PROCEEDINGS.

(a) IN GENERAL.—Not later than 1 year and 30 days

9 after the date of the enactment of this Act, the Secretary
10 shall submit a report to the appropriate committees of
11 Congress and the public regarding the implementation of
12 sections 235B and 240D of the Immigration and Nation13 ality Act, as added by sections 3141 and 3142 during the
14 previous 12-month period.
15(b) CONTENTS.—Each report required under sub-

16 section (a) shall include—
17(1) the number of aliens processed pursuant to18

section 235B(b) of the Immigration and Nationality

19

Act, disaggregated by—

20
21
22

(A) whether the alien was a single adult ora member of a family unit;(B) the number of aliens who—

23(i) were provided proper service and24

notice upon release from custody pursuant

25

to section 235B(b)(2) of such Act; orFebruary 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

355
1(ii) were not given such proper service2

and notice;3(C) the number of aliens who received a4

protection determination interview pursuant to5section 235B(c) of such Act within the 90-day

6

period required under section 235B(b)(3)(A) of

7such Act;89(D) the number of aliens described in subparagraph (C)—10(i) who retained legal counsel;

11(ii) who received a positive protection

12
13
14
15
16

determination;(iii) who received a negative protection
determination;(iv) for those aliens described inclause (iii), the number who—

17(I) requested reconsideration;

18(II) whether such reconsideration

19

resulted in approval or denial;

20(III) whether an alien upon re-21

ceiving a negative motion for reconsid-

22

eration filed an appeal;

23(IV) who appealed a negative de-24

cision without filing for reconsider-25

ation;

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

356
1(V) whether the appeal resulted

2

in approval or denial, disaggregated3by the elements in subclauses (III)4

and (IV); and5(VI) whether the alien, upon re-6ceiving a negative decision as de-7

scribed in subclauses (III) and (V),8

was removed from the United States

9

upon receiving such negative decision;

10(v) who absconded during such pro-11

ceedings; and12(vi) who failed to receive proper serv-

13

ice;

14

(E) the number of aliens who were proc-

15

essed pursuant to section 235B(f) of such Act;

16

and

17

(F) the number of aliens described in sub-18

paragraph (E) who submitted their application

19

pursuant to section 235B(f)(2)(B)(i) of such

20

Act;

21

(2) the average time taken by the Department

22of Homeland Security—

23(A) to perform a protection determination

24

interview pursuant to section 235B(b) of such

25

Act;

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

357
1(B) to serve notice of a protection deter-2mination pursuant to section 235B(e) of such3

Act after a determination has been made pursu-

4

ant to section 235B(b) of such Act;

5(C) to provide an alien with a work author-

6

ization pursuant to section 235C of such Act,7

as added by section 3501, disaggregated by the8requirements under subparagraphs (A), (B),9and (C) of section 235C(a)(2) of such Act; and10(D) the utilization of the Alternatives to11

Detention program authorized under section

12

235B(a)(3) of such Act, disaggregated by—

13(i) types of alternatives to detention

14

used to supervise the aliens after being re-15

leased from physical custody;

16(ii) the level of compliance by the17

alien with the rules of the Alternatives to18

Detention program; and

19
20
21
22
23
24

February 4, 2024 (6:13 p.m.)(iii) the total cost of each Alternatives
to Detention type;(3) the number of aliens processed pursuant tosection 240D(d) of such Act, disaggregated by—(A) whether the alien was a single adult ora member of a family unit;

U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

358
1(B) the number of aliens who were pro-2

vided proper service and notice of a protection

3

determination pursuant to section 235B(e) of

4such Act;

5(C) the number of aliens who received a6protection merits interview pursuant to section

7

240D(c)(3) of such Act within the 90-day pe-

8riod required under section 240D(b) of such

9

Act;

10

(D) the number of aliens who received a11

positive protection merits determination pursu-

12

ant to section 240D(d)(2) of such Act;

13(E) the number of aliens who received a14

negative protection merits determination pursu-

15

ant to section 240D(d)(3) of such Act,16

disaggregated by the number of aliens who ap-

17

pealed the determination pursuant to section

18

240D(e) of such Act and who received a result

19

pursuant to section 240D(e)(7) of such Act;

20(F) the number of aliens who were proc-

21

essed pursuant to section 240D of such Act

22

who retained legal counsel;

23
24

February 4, 2024 (6:13 p.m.)(G) the number of aliens who appeared atsuch proceedings; andU:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

359
1(H) the number of aliens who absconded

2

during such proceedings; and3(4) the average time taken by the Department

4of Homeland Security—

5(A) to perform a protection merits inter-6

view pursuant to section 240D(d) of such Act;

7(B) to serve notice of a protection merits

8

determination pursuant to section 240D(d) of

9such Act; and10(C) the utilization of Alternatives to De-

11tention12

240D(c)(2) of such Act, disaggregated by—programauthorized

undersection13(i) types of alternatives to detention

14

used to supervise the aliens after being re-15

leased from physical custody; and16(ii) the level of compliance by the17

aliens with rules of the Alternatives to De-

18

tention program.

19(c) PROTECTION OF PERSONALLY IDENTIFIABLE IN-

20

FORMATION.—In preparing each report pursuant to sub-21 section (a), the Secretary shall—
22(1) protect any personally identifiable informa-

23tion associated with aliens described in subsection

24(a); and25

February 4, 2024 (6:13 p.m.)(2) comply with all applicable privacy laws.

U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

360
1

SEC. 3607. ACCOUNTABILITY IN VOLUNTARY REPATRI-

23ATION, WITHDRAWAL, AND DEPARTURE.

(a) IN GENERAL.—Not later than 1 year and 30 days

4 after the date of the enactment of this Act, the Secretary
5 shall submit a report to the appropriate committees of
6 Congress regarding the implementation of section 240G
7 of the Immigration and Nationality Act, as added by sec8 tion 3144.
9(b) CONTENTS.—The report required under sub-

10 section (a) shall include the number of aliens who utilized
11 the provisions of such section 240G, disaggregated by—
12(1) demographic information;

13(2) the period in which the election took place;14(3) the total costs of repatriation flight when

15

compared to the cost to charter a private, commer-

16

cial flight for such return;17(4) alien use of reintegration or reception pro-18

grams in the alien’s country of nationality after re-19

moval from the United States;

20(5) the number of aliens who failed to depart21

in compliance with section 240G(i)(2) of such Act;22(6) the number of aliens to which a civil penalty

23

and a period of ineligibility was applied; and24(7) the number of aliens who did depart.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

361
1

SEC. 3608. GAO ANALYSIS OF IMMIGRATION JUDGE AND

2

ASYLUM

3

GARDING ASYLUM, WITHHOLDING OF RE-

4

MOVAL, AND PROTECTION UNDER THE CON-

5

VENTION AGAINST TORTURE.

6

OFFICERDECISION-MAKINGRE-(a) IN GENERAL.—Not later than 2 years after the

7 Comptroller General of the United States submits the cer8 tification described in section 3146(d)(3), the Comptroller
9 General shall analyze the decision rates of immigration
10 judges and asylum officers regarding aliens who have re11 ceived a positive protection determination and have been
12 referred to proceedings under section 240 or 240D of the
13 Immigration and Nationality Act, as applicable, to deter14 mine—15(1) whether the Executive Office for Immigra-

16

tion Review and U.S. Citizenship and Immigration

17

Services have any differential in rate of decisions for

18cases involving asylum, withholding of removal, or

19

protection under the Convention Against Torture20

and Other Cruel, Inhuman or Degrading Treatment

21

or Punishment, done at New York December 10,

22

1984; and23(2) the causes for any such differential, includ-24

ing any policies, procedures, or other administrative25

measures.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

3621(b) RECOMMENDATIONS.—Upon completing the anal-

2 ysis required under subsection (a), the Comptroller Gen3 eral shall submit recommendations to the Director of the
4 Executive Office for Immigration Review and the Director
5 of U.S. Citizenship and Immigration Services regarding
6 any administrative or procedural changes necessary to en7 sure uniformity in decision-making between those agen8 cies, which may not include quotas.
9SEC. 3609. REPORT ON COUNSEL FOR UNACCOMPANIED

1011ALIEN CHILDREN.

(a) IN GENERAL.—Not later than 120 days after the

12 date of the enactment of this Act, and annually thereafter,
13 the Secretary of Health and Human Services shall submit
14 a report to the appropriate committees of Congress with
15 respect to unaccompanied alien children who received ap16 pointed counsel pursuant to section 235(c)(5)(B) of the
17 William Wilberforce Trafficking Victims Protection Reau18 thorization Act of 2008, as added by section 3512, includ19 ing—
20(1) the number of unaccompanied alien children

21

who obtained such counsel compared to the number

22

of such children who did not obtain such counsel;

23
24

February 4, 2024 (6:13 p.m.)(2) the sponsorship category of unaccompaniedalien children who obtained counsel;

U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

363
1(3) the age ranges of unaccompanied alien chil-2dren who obtained counsel;

3(4) the administrative appeals, if any, of unac-

4companied alien children who obtained counsel; and5(5) the case outcomes of unaccompanied alien

6

children who obtained counsel.

7(b) PROTECTION OF PERSONALLY IDENTIFIABLE IN-

8FORMATION.—In preparing each report pursuant to sub-9 section (a), the Secretary of Health and Human Services
10 shall—11(1) protect any personally identifiable informa-

12tion associated with aliens described in subsection

13(a); and1415(2) comply with all applicable privacy laws.
SEC. 3610. RECALCITRANT COUNTRIES.

16

Section 243(d) of the Immigration and Nationality

17 Act (8 U.S.C. 1253(d)) is amended—18
19(1) by striking ‘‘On being notified’’ and inserting the following:

20‘‘(1) IN GENERAL.—On being notified’’; and21(2) by adding at the end the following:

22‘‘(2) REPORT ON RECALCITRANT COUNTRIES.—

23
24

February 4, 2024 (6:13 p.m.)‘‘(A) IN

GENERAL.—Notlater than 90days after the last day of each fiscal year, theU:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

364
1

Secretary of Homeland Security and the Sec-2

retary of State shall jointly—

3‘‘(i) prepare an unclassified annual re-4

port, which may include a classified annex,

5that includes the information described in

6

subparagraph (C); and7‘‘(ii) submit such report to Committee8

on Homeland Security and Governmental

9

Affairs of the Senate; the Committee on

10

the Judiciary of the Senate, the Committee

11

on Foreign Relations of the Senate, the12Committee on Homeland Security of the

13

House of Representatives, the Committee

14

on the Judiciary of the House of Rep-

15

resentatives, and the Committee on For-16

eign Affairs of the House of Representa-

17

tives.

18‘‘(B) BRIEFING.—Not later than 30 days

19

after the date on which a report is submitted

20

pursuant to subparagraph (A), designees of the21

Secretary of Homeland Security and of the Sec-22

retary of State shall brief the committees re-23

ferred to in subparagraph (A)(ii) regarding any

24measures taken to encourage countries to ac-

25

cept the return of their citizens, subjects, or na-

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

365
1tionals, or aliens whose last habitual residence2

was within each such country, who have been

3ordered removed from the United States.

4‘‘(C) CONTENTS.—Each report prepared5

pursuant to subparagraph (A)(i) shall include—

6‘‘(i) a list of all countries that—

7‘‘(I) deny the acceptance of their

8

citizens, subjects, or nationals, or9aliens whose last habitual residence

10

was within such country, who have11

been ordered removed to such country

12

from the United States; or13‘‘(II) unreasonably delay the ac-

14

ceptance of their citizens, subjects, or

15

nationals, or aliens whose last habit-

16

ual residence was within such country,

17

who have been ordered removed to18such country from the United States;

19‘‘(ii) for each country described in

20

clause (i)(II), the average length of delay

21

of such citizens, subjects, nationals, or22aliens acceptance into such country;

23‘‘(iii) a list of the foreign countries

24

that have placed unreasonable limitations

25

upon the acceptance of their citizens, sub-February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

366
1

jects, or nationals, or aliens whose last ha-2

bitual residence was within such country,3

who have been ordered removed to such4

country from the United States;

5‘‘(iv) a description of the criteria used6

to determine that a country described

7

under clause (iii) has placed such unrea-

8

sonable limitations;

9‘‘(v) the number of aliens ordered re-10

moved from the United States to a country

11

described in clause (i) or (iii) whose re-12

moval from the United States was pending13

as of the last day of the previous fiscal

14

year, including—15‘‘(I) the number of aliens who—

16‘‘(aa) received a denial of a

17
18
19

work authorization; and‘‘(bb) are not eligible to request work authorization;

20‘‘(vi) the number of aliens ordered re-21

moved from the United States to a country

22

described in clause (i) or (iii) whose re-23

moval from the United States was pending24

as of the last day of the previous fiscal

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

367
1

year

2

disaggregated by—

and

who

are

being

detained,3‘‘(I) the length of such detention;

4‘‘(II) the aliens who requested a5review of the significant likelihood of

6

their removal in the reasonably fore-7

seeable future;

8‘‘(III) the aliens for whom the re-9quest for release under such review

10

was denied;

11‘‘(IV) the aliens who remain de-

12

tained on account of special cir-

13

cumstances despite no significant like-14

lihood that such aliens will be re-

15

moved

16

disaggregated by the specific cir-

17

cumstance;

in

the

foreseeable

future,18‘‘(V) the aliens described in sub-19

clause (IV) who are being detained

20

based on a determination that they21

are specially dangerous;

22‘‘(VI) the aliens described in sub-23

clause (V) whose request to review the24basis for their continued detention25

was denied;February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

368
1‘‘(VII) demographic categories,2

including part of a family unit, single

3

adults, and unaccompanied alien chil-

4

dren;

5

‘‘(vii) the number of aliens referred to6

in clauses (i) through (iii) who—7‘‘(I) have criminal convictions,8

disaggregated by National Crime In-

9formation Center code, whether mis-10

demeanors or felonies;

11
12‘‘(II) are considered national security threats to the United States;

13‘‘(III) are members of a criminal

14gang or another organized criminal

15

organization, if found to be inadmis-

16sible or removable on such grounds; or

17‘‘(IV) have been released from

18

U.S. Immigration and Customs En-

19

forcement custody on an order of su-

20

pervision and the type of supervision21

and compliance with such supervision,22

if applicable;

23‘‘(viii) a description of the actions

24

taken by the Department of Homeland Se-

25

curity and the Department of State to en-

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

369
1

courage foreign nations to accept the re-2turn of their nationals; and3‘‘(ix) the total number of individuals

4that such jurisdiction has accepted who are5

not citizens, subjects, or nationals, or6aliens who last habitually resided within

7

such jurisdiction and have been removed

8

from the United States, if any.’’.

TITLE VII—OTHER MATTERS

9
10

SEC. 3701. SEVERABILITY.

11

If any provision of this Act, any amendment made12 by this Act, or the application of any such provision or
13 amendment to any person or circumstance is held to be
14 unconstitutional, the remainder of this Act, the amend15 ments made by this Act, and the application of such provi16 sions or amendments to any other person or circumstance
17 shall not be affected.

TITLE VIII—BUDGETARYEFFECTS1819
20

SEC. 3801. BUDGETARY EFFECTS.

21(a) STATUTORY PAYGO SCORECARDS.—The budg-

22 etary effects of this division shall not be entered on either
23 PAYGO scorecard maintained pursuant to section 4(d) of
24 the Statutory Pay-As-You-Go Act of 2010.

February 4, 2024 (6:13 p.m.)U:\2024REPT\SUPP\ENSSAA01.xml

SEN. APPRO.

370
1(b) SENATE PAYGO SCORECARDS.—The budgetary

2 effects of this division shall not be entered on any PAYGO
3 scorecard maintained for purposes of section 4106 of H.
4 Con. Res. 71 (115th Congress).
5(c) CLASSIFICATION OF BUDGETARY EFFECTS.—

6 Notwithstanding Rule 3 of the Budget Scorekeeping
7 Guidelines set forth in the joint explanatory statement of
8 the committee of conference accompanying Conference Re9 port 105–217 and section 250(c)(8) of the Balanced
10 Budget and Emergency Deficit Control Act of 1985, the11 budgetary effects of this division shall not be estimated—
12(1) for purposes of section 251 of such Act;13(2) for purposes of an allocation to the Com-

14

mittee on Appropriations pursuant to section 302(a)15of the Congressional Budget Act of 1974; and16(3) for purposes of paragraph (4)(C) of section17

3 of the Statutory Pay-As-You-Go Act of 2010 as

18

being included in an appropriation Act.

February 4, 2024 (6:13 p.m.)