U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. AMENDMENT NO.llll 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 to receive reimbursement for emergency treatment furnished through the Veterans Community Care program, and for other purposes. Referred to the Committee on llllllllll and ordered 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: 1 Strike all after the enacting clause and insert the fol2 lowing: 3 SECTION 1. SHORT TITLE. 4 This 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.) 2 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. DIVISION B—BORDER SECURITY AND COMBATTING FENTANYL SUPPLEMENTAL 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.) 3 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 DIVISION A—NATIONAL SECURITY SUP2 PLEMENTAL APPROPRIATIONS 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 9 DEPARTMENT OF DEFENSE 10 MILITARY PERSONNEL 11 MILITARY PERSONNEL, ARMY 12 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 MILITARY PERSONNEL, MARINE CORPS 20 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 reFebruary 4, 2024 (6:13 p.m.) 4 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 quirement pursuant to section 251(b)(2)(A)(i) of the Bal2 anced Budget and Emergency Deficit Control Act of 1985. 3 MILITARY PERSONNEL, AIR FORCE 4 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 and 7 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 MILITARY PERSONNEL, SPACE FORCE 12 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, ARMY 21 For an additional amount for ‘‘Operation and Main22 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 reFebruary 4, 2024 (6:13 p.m.) 5 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 quirement pursuant to section 251(b)(2)(A)(i) of the Bal2 anced Budget and Emergency Deficit Control Act of 1985. 3 OPERATION AND MAINTENANCE, NAVY 4 For an additional amount for ‘‘Operation and Main5 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 this 13 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 Main22 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.) 6 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 emergency requirement pursuant to section 2 251(b)(2)(A)(i) of the Balanced Budget and Emergency 3 Deficit Control Act of 1985. 4 OPERATION AND MAINTENANCE, AIR FORCE 5 For an additional amount for ‘‘Operation and Main6 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 pursuant to section 11 251(b)(2)(A)(i) of the Balanced Budget and Emergency 12 Deficit Control Act of 1985. 13 OPERATION AND MAINTENANCE, SPACE FORCE 14 For an additional amount for ‘‘Operation and Main15 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 pursuant to section 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 Main25 tenance, Defense-Wide’’, $34,230,780,000, to remain February 4, 2024 (6:13 p.m.) 7 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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.) 8 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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: Provided further, 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 proviFebruary 4, 2024 (6:13 p.m.) 9 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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 for 6 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 PROCUREMENT 22 MISSILE PROCUREMENT, ARMY 23 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.) 10 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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 PROCUREMENT OF AMMUNITION, ARMY 6 For an additional amount for ‘‘Procurement of Am7 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 OTHER PROCUREMENT, ARMY 21 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 reFebruary 4, 2024 (6:13 p.m.) 11 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 quirement pursuant to section 251(b)(2)(A)(i) of the Bal2 anced Budget and Emergency Deficit Control Act of 1985. 3 WEAPONS PROCUREMENT, NAVY 4 For an additional amount for ‘‘Weapons Procure5 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 pursuant to section 10 251(b)(2)(A)(i) of the Balanced Budget and Emergency 11 Deficit Control Act of 1985. 12 SHIPBUILDING AND CONVERSION, NAVY 13 For an additional amount for ‘‘Shipbuilding and Con14 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 Class Submarine (AP), 20 $1,955,000,000; and 21 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.) 12 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 OTHER PROCUREMENT, NAVY 2 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 amount 7 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 pursuant to section 15 251(b)(2)(A)(i) of the Balanced Budget and Emergency 16 Deficit Control Act of 1985. 17 PROCUREMENT, MARINE CORPS 18 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.) 13 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 MISSILE PROCUREMENT, AIR FORCE 2 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 OTHER PROCUREMENT, AIR FORCE 10 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 pursuant to section 16 251(b)(2)(A)(i) of the Balanced Budget and Emergency 17 Deficit Control Act of 1985. 18 PROCUREMENT, DEFENSE-WIDE 19 For an additional amount for ‘‘Procurement, De20 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.) 14 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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 this 4 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 amount 17 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 DEFENSE PRODUCTION ACT PURCHASES 24 For an additional amount for ‘‘Defense Production 25 Act Purchases’’, $331,200,000, to remain available until February 4, 2024 (6:13 p.m.) 15 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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 EVALUATION 14 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 15 ARMY 16 For an additional amount for ‘‘Research, Develop17 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.) 16 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 2 NAVY 3 For an additional amount for ‘‘Research, Develop4 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 this 12 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 FORCE 20 For an additional amount for ‘‘Research, Develop21 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 secFebruary 4, 2024 (6:13 p.m.) 17 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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, Develop6 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 OFFICE OF THE INSPECTOR GENERAL 15 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.) 18 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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 AGENCIES 6 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT 7 For an additional amount for ‘‘Intelligence Commu8 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 pursuant to section 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 Sec18 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.) 19 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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 Na11 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.) 20 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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 and 8 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 a 18 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 coFebruary 4, 2024 (6:13 p.m.) 21 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ordination with the Secretary of State, shall provide a 2 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 Depart15 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 and 19 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 SecFebruary 4, 2024 (6:13 p.m.) 22 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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 Depart16 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-Pacific 22 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.) 23 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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 for 10 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.) 24 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 TITLE II 2 DEPARTMENT OF ENERGY 3 ENERGY PROGRAMS 4 SCIENCE 5 For an additional amount for ‘‘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 ACTIVITIES 14 NATIONAL NUCLEAR SECURITY 15 ADMINISTRATION 16 DEFENSE NUCLEAR NONPROLIFERATION 17 For an additional amount for ‘‘Defense Nuclear Non18 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 pursuant to section 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.) 25 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 FEDERAL SALARIES AND EXPENSES 2 For an additional amount for ‘‘Federal Salaries and 3 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 for fiscal 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 amount 24 for such purpose of up to $2,720,000,000, then up to 25 $800,000,000 from amounts previously appropriated February 4, 2024 (6:13 p.m.) 26 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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 made 5 available, in additional to amounts otherwise available, for 6 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 the 17 amounts repurposed, transferred, or otherwise made avail18 able pursuant to this section to enter into and perform 19 such contracts, leases, cooperative agreements, or other 20 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.) 27 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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 full February 4, 2024 (6:13 p.m.) 28 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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— 22 (1) in subsections (f)(1)(B)(i) and (h)(4)(B)(i) 23 to read as follows: 24 ‘‘(i) may not make commitments 25 under this subsection (including cooperaFebruary 4, 2024 (6:13 p.m.) 29 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 tive agreements (used in accordance with 2 section 6305 of title 31, United States 3 Code), purchase agreements, guarantees, 4 leases, service contracts, or any other type 5 of commitment) for the purchase or other 6 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 this 10 Act; and’’; and 11 (2) in subjection (j) to read as follows: 12 ‘‘(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 this 18 section.’’. February 4, 2024 (6:13 p.m.) 30 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 TITLE III 2 DEPARTMENT OF HOMELAND SECURITY 3 PROTECTION, PREPAREDNESS, RESPONSE, AND 4 RECOVERY 5 FEDERAL EMERGENCY MANAGEMENT AGENCY 6 OPERATIONS AND SUPPORT 7 For an additional amount for ‘‘Federal Emergency 8 Management Agency—Operations and Support’’, 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 FEDERAL ASSISTANCE 17 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.) 31 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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 traditionally 17 underrepresented in the Program: Provided further, That 18 such amount is designated by the Congress as being for 19 an emergency requirement pursuant to section 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.) 32 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 TITLE IV 2 DEPARTMENT OF HEALTH AND HUMAN 3 SERVICES 4 ADMINISTRATION FOR CHILDREN AND FAMILIES 5 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 (8 24 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.) 33 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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 pursuant to section 5 251(b)(2)(A)(i) of the Balanced Budget and Emergency 6 Deficit Control Act of 1985. 7 GENERAL PROVISION—THIS TITLE 8 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.) 34 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 TITLE V 2 DEPARTMENT OF DEFENSE 3 MILITARY 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.) 35 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 TITLE VI 2 DEPARTMENT OF STATE AND RELATED 3 AGENCY 4 DEPARTMENT OF STATE 5 ADMINISTRATION OF FOREIGN AFFAIRS 6 DIPLOMATIC PROGRAMS 7 For an additional amount for ‘‘Diplomatic Pro8 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 OFFICE OF INSPECTOR GENERAL 21 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 reFebruary 4, 2024 (6:13 p.m.) 36 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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 SERVICE 5 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 DEVELOPMENT 15 FUNDS 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.) 37 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 OFFICE OF INSPECTOR GENERAL 2 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 9 FUNDS APPROPRIATED TO THE PRESIDENT 10 INTERNATIONAL 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 other 16 vulnerable populations and communities: Provided, That 17 such amount is designated by the Congress as being for 18 an emergency requirement pursuant to section 19 251(b)(2)(A)(i) of the Balanced Budget and Emergency 20 Deficit Control Act of 1985. 21 TRANSITION INITIATIVES 22 For an additional amount for ‘‘Transition Initia23 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 desFebruary 4, 2024 (6:13 p.m.) 38 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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 Eu24 rope, Eurasia and Central Asia’’, $1,575,000,000, to re25 main available until September 30, 2025, for assistance February 4, 2024 (6:13 p.m.) 39 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 and related programs for Ukraine and other countries 2 identified in section 3 of the FREEDOM Support Act (22 3 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 STATE 10 MIGRATION AND REFUGEE ASSISTANCE 11 For an additional amount for ‘‘Migration and Ref12 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 ENFORCEMENT 24 For an additional amount for ‘‘International Nar25 cotics Control and Law Enforcement’’, $375,000,000, to February 4, 2024 (6:13 p.m.) 40 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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 and Related 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.) 41 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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 and 5 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 PEACEKEEPING OPERATIONS 11 For an additional amount for ‘‘Peacekeeping Oper12 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 pursuant to section 18 251(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 Fi23 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.) 42 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 $3,500,000,000 shall be for assistance for Israel and for 2 related expenses: Provided further, That to the extent that 3 the Government of Israel requests that funds be used for 4 such purposes, grants made available for Israel under this 5 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 this 25 heading in this Act and unobligated balances of amounts February 4, 2024 (6:13 p.m.) 43 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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.) 44 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 INTERNATIONAL ASSISTANCE PROGRAMS 2 MULTILATERAL ASSISTANCE 3 CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT 4 ASSOCIATION 5 For an additional amount for ‘‘Contribution to the 6 International Development Association’’, $250,000,000, to 7 remain available until expended, which shall be made 8 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. During fiscal 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, and 22 related programs under the headings ‘‘Diplomatic Pro23 grams’’ (including for Worldwide Security Protection) and 24 ‘‘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.) 45 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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 applied by substituting 9 ‘‘$7,800,000,000’’ for ‘‘$100,000,000’’. 10 SEC. 603. During fiscal year 2024, section 11 506(a)(2)(B) of the Foreign Assistance Act of 1961 (22 12 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’’ for 15 ‘‘$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 applied by substituting 19 ‘‘$50,000,000’’ for ‘‘$25,000,000’’. 20 SEC. 605. Section 12001 of the Department of De21 fense Appropriations Act, 2005 (Public Law 108–287) is 22 amended as follows: 23 (1) In paragraph (2) of subsection (a), by strik24 ing ‘‘armor’’ and all that follows through the end of 25 the paragraph and inserting ‘‘defense articles that February 4, 2024 (6:13 p.m.) 46 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 are in the inventory of the Department of Defense 2 as of the date of transfer, are intended for use as 3 reserve stocks for Israel, and are located in a stock4 pile for Israel as of the date of transfer’’. 5 (2) In subsection (b), by striking ‘‘at least 6 equal to the fair market value of the items trans7 ferred’’ and inserting ‘‘in an amount to be deter8 mined by the Secretary of Defense’’. 9 (3) In subsection (c), by inserting before the 10 comma in the first sentence the following: ‘‘, or as 11 far in advance of such transfer as is practicable as 12 determined by the President on a case-by-case basis 13 during extraordinary circumstances impacting the 14 national 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 appro21 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.) 47 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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’’ and 16 ‘‘Migration and Refugee Assistance’’ may be transferred 17 to, and merged with, funds appropriated by this Act under 18 such headings. 19 (b) Funds appropriated by this Act under the head20 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.) 48 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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, and 16 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 appropriated February 4, 2024 (6:13 p.m.) 49 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 by this Act under the heading ‘‘Economic Support Fund’’ 2 for assistance for Ukraine. 3 SEC. 611. None of the funds appropriated or other4 wise made available by this title in this Act may be made 5 available for assistance for the Governments of the Rus6 sian Federation or Belarus, including entities owned or 7 controlled by such Governments. 8 SEC. 612. (a) Section 2606 of the Ukraine Supple9 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 in13 serting ‘‘, North Atlantic Treaty Organization 14 (NATO) allies, major non-NATO allies, and the 15 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 pre18 vailing interest rate on marketable Treasury securi19 ties of similar maturity’’; and 20 (2) in subsection (b), by striking ‘‘and NATO 21 allies’’ and inserting ‘‘, NATO allies, major non22 NATO allies, and the Indo-Pacific region; by strik23 ing ‘‘$4,000,000,000’’ and inserting 24 ‘‘$8,000,000,000’’; and by inserting at the end of February 4, 2024 (6:13 p.m.) 50 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 the second proviso ‘‘except for guarantees of loans 2 by 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 emerFebruary 4, 2024 (6:13 p.m.) 51 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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 other11 wise made available by this division and division B of this 12 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 other 15 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 State 22 and the United States Agency for International De23 velopment, as appropriate, and are in use to prevent 24 the diversion, misuse, or destruction of assistance, 25 including through international organizations, to February 4, 2024 (6:13 p.m.) 52 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 Hamas and other terrorist and extremist entities in 2 Gaza; and 3 (2) such policies, processes, and procedures 4 have been developed in coordination with other bilat5 eral 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 made 21 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.) 53 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (d) THIRD PARTY MONITORING.—Funds appro2 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 ap8 propriated by this title under the heading ‘‘Office of 9 Inspector General’’ for the Department of State, 10 $7,000,000 shall be made available for the oversight 11 and monitoring of assistance made available for 12 Gaza by this title and in prior Acts making appro13 priations for the Department of State, foreign oper14 ations, and related programs. 15 (2) UNITED STATES AGENCY FOR INTER16 NATIONAL DEVELOPMENT.—Of the funds appro17 priated by this title under the heading ‘‘Office of In18 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 and 21 in prior Acts making appropriations for the Depart22 ment of State, foreign operations, and related pro23 grams. 24 (f) REPORT.—Not later than 90 days after the initial 25 obligation of funds appropriated by this title that are February 4, 2024 (6:13 p.m.) 54 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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 and 12 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 humaniFebruary 4, 2024 (6:13 p.m.) 55 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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, as defined in section 11 7034(s)(4) of the Department of State, Foreign Op12 erations, and Related Programs Appropriations Act, 13 2023 (division K of Public Law 117–328), at the 14 country, account, and program level, for funds ap15 propriated by this Act under the headings ‘‘Eco16 nomic Support Fund’’, ‘‘Transition Initiatives’’, ‘‘As17 sistance for Europe, Eurasia and Central Asia’’, 18 ‘‘International Narcotics Control and Law Enforce19 ment’’, ‘‘Nonproliferation, Anti-terrorism, Demining 20 and Related Programs’’, ‘‘Peacekeeping Oper21 ations’’, ‘‘Foreign Military Financing Program’’, and 22 ‘‘Contribution to the International Development As23 sociation’’: Provided, That plans submitted pursuant 24 to this paragraph shall include for each program no25 tified—(A) total funding made available for such February 4, 2024 (6:13 p.m.) 56 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 program, by account and fiscal year; (B) funding 2 that remains unobligated for such program from 3 prior year base or supplemental appropriations; (C) 4 funding that is obligated but unexpended for such 5 program; and (D) funding committed, but not yet 6 notified for such program; and 7 (2) operating plans, as defined in section 7062 8 of the Department of State, Foreign Operations, and 9 Related Programs Appropriations Act, 2023 (divi10 sion K of Public Law 117–328), for funds appro11 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.) 57 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 TITLE VII 2 GENERAL PROVISIONS—THIS ACT 3 SEC. 701. Each amount appropriated or made avail4 able by this Act is in addition to amounts otherwise appro5 priated for the fiscal year involved. 6 SEC. 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. 9 SEC. 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 other 17 relevant Federal agencies, as appropriate, shall submit to 18 the Committees on Appropriations, Armed Services, and 19 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 interFebruary 4, 2024 (6:13 p.m.) 58 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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 and 8 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.) 59 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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 for 6 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, and 13 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.) 60 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (b) For purposes of this section, the term ‘‘appro2 priate congressional committees’’ means the following: 3 (1) The Committees on Appropriations, Armed 4 Services, and Foreign Relations of the Senate. 5 (2) The Select Committee on Intelligence of the 6 Senate. 7 (3) The Committees on Appropriations, Armed 8 Services, and Foreign Affairs of the House of Rep9 resentatives. 10 (4) The Permanent Select Committee on Intel11 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), and 23 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.) 61 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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, des9 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.) 62 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 DIVISION B—BORDER SECURITY AND 2 COMBATTING FENTANYL SUPPLE3 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 9 DEPARTMENT OF JUSTICE 10 EXECUTIVE OFFICE FOR IMMIGRATION REVIEW 11 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 immiFebruary 4, 2024 (6:13 p.m.) 63 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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 pursuant to section 12 251(b)(2)(A)(i) of the Balanced Budget and Emergency 13 Deficit Control Act of 1985. 14 LEGAL ACTIVITIES 15 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES 16 For an additional amount for ‘‘Salaries and Ex17 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 and 21 smuggling in the Western Hemisphere: Provided, That 22 such amount is designated by the Congress as being for 23 an emergency requirement pursuant to section 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.) 64 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 UNITED STATES MARSHALS SERVICE 2 FEDERAL PRISONER DETENTION 3 For an additional amount for ‘‘United States Mar4 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 12 SALARIES AND EXPENSES 13 For an additional amount for ‘‘Federal Bureau of In14 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.) 65 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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.) 66 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 TITLE II 2 DEPARTMENT OF HOMELAND SECURITY 3 DEPARTMENTAL MANAGEMENT, INTEL4 LIGENCE, SITUATIONAL AWARENESS, AND 5 OVERSIGHT 6 OFFICE OF THE SECRETARY AND EXECUTIVE 7 MANAGEMENT 8 OPERATIONS AND SUPPORT 9 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 pursuant to section 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.) 67 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 SECURITY, ENFORCEMENT, AND 2 INVESTIGATIONS 3 U.S. CUSTOMS AND BORDER PROTECTION 4 OPERATIONS AND SUPPORT 5 (INCLUDING TRANSFER OF FUNDS) 6 For an additional amount for ‘‘U.S. Customs and 7 Border Protection—Operations and Support’’, 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, and 15 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 to 21 ‘‘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 reFebruary 4, 2024 (6:13 p.m.) 68 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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 and 5 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 deployment of border security technology, 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 SUPPORT 19 For an additional amount for ‘‘U.S. Immigration and 20 Customs Enforcement—Operations and Support’’, 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, inFebruary 4, 2024 (6:13 p.m.) 69 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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 an emergency requirement pursuant to section 8 251(b)(2)(A)(i) of the Balanced Budget and Emergency 9 Deficit Control Act of 1985. 10 PROTECTION, PREPAREDNESS, RESPONSE, AND 11 RECOVERY 12 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 less 18 than 25 percent of the total amount provided under this 19 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 an emergency requirement pursuant to section 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.) 70 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 RESEARCH, DEVELOPMENT, TRAINING, AND 2 SERVICES 3 U.S. CITIZENSHIP AND IMMIGRATION SERVICES 4 OPERATIONS AND SUPPORT 5 For an additional amount for ‘‘U.S. Citizenship and 6 Immigration Services—Operations and Support’’, 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, and 12 $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 SUPPORT 24 For an additional amount for ‘‘Federal Law Enforce25 ment Training Centers—Operations and Support’’, February 4, 2024 (6:13 p.m.) 71 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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 Enforce15 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.) 72 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 GENERAL PROVISIONS—THIS TITLE 2 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; and 15 (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 de22 ployment 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.) 73 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (2) $47,500,000 for the procurement and de2 ployment of mobile surveillance capabilities, includ3 ing mobile video surveillance systems and for obso4 lete mobile surveillance equipment replacement, 5 counter-UAS, and small unmanned aerial systems; 6 (3) $25,000,000 for subterranean detection ca7 pabilities; 8 (4) $7,500,000 for seamless integrated commu9 nications 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 enact24 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.) 74 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 Appropriations of the House of Representatives and the 2 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: 5 (1) the number and type of systems that will be 6 procured; 7 (2) the U.S. Border Patrol sectors where each 8 system will be deployed; 9 (3) a timeline for system deployments, including 10 a timeline for securing necessary approvals and land 11 rights; 12 (4) estimated annual sustainment costs for the 13 systems; and 14 (5) other supporting information. 15 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.) 75 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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: 7 (1) the percentage of passenger and cargo vehi8 cles scanned; 9 (2) the percentage of seizures of narcotics, cur10 rency, weapons, and ammunition, and other illicit 11 items at inbound and outbound operations at ports 12 of entry, checkpoints, and other locations as applica13 ble; and 14 (3) the impact on U.S. Customs and Border 15 Protection workforce requirements resulting from 16 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 this 24 Act. February 4, 2024 (6:13 p.m.) 76 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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 up7 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 made 18 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 addiFebruary 4, 2024 (6:13 p.m.) 77 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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 and 6 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 this 17 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.) 78 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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, the 22 number of individuals by nationality on each flight, the 23 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.) 79 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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 (in 16 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 in23 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.) 80 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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 Commit4 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 Ap12 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 Se21 curity (in this section referred to as the ‘‘Secretary’’) re22 questing assistance from the Department of Defense for 23 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 obFebruary 4, 2024 (6:13 p.m.) 81 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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 and 8 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 re12 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.) 82 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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 avail4 able for transfer immediately upon enactment of this 5 Act; 6 (2) an additional $350,000,000 shall be avail7 able for transfer upon submission of a written cer8 tification by the Secretary of Homeland Security, to 9 the Committees on Appropriations of the House of 10 Representatives and the Senate, that U.S. Immigra11 tion and Customs Enforcement has— 12 (A) the ability to detain 46,500 individuals 13 and has increased the total number of Enforce14 ment and Removal Operations deportation offi15 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 date 20 of enactment of this Act; and 21 (C) increased the total number of U.S. 22 Citizenship and Immigration Services asylum 23 officers by 800 above the current on board lev24 els as of the date of enactment of this Act; and February 4, 2024 (6:13 p.m.) 83 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (3) an additional $116,666,667 shall be avail2 able for transfer upon submission of a written cer3 tification by the Secretary of Homeland Security, to 4 the Committees on Appropriations of the House of 5 Representatives and the Senate, that U.S. Immigra6 tion and Customs Enforcement has— 7 (A) conducted a total of 1,500 removal 8 flights 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 the 12 southwest land border have been trained on the 13 procedures included in sections 235B and 244B 14 of the Immigration and Nationality Act. February 4, 2024 (6:13 p.m.) 84 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 TITLE III 2 DEPARTMENT OF HEALTH AND HUMAN 3 SERVICES 4 ADMINISTRATION FOR CHILDREN AND FAMILIES 5 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.) 85 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 TITLE IV 2 DEPARTMENT OF STATE AND RELATED 3 AGENCY 4 BILATERAL ECONOMIC ASSISTANCE 5 FUNDS 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 ECONOMIC SUPPORT FUND 15 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 made 18 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.) 86 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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 made 4 available pursuant to the preceding proviso that are made 5 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 reFebruary 4, 2024 (6:13 p.m.) 87 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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 4 DEPARTMENT OF STATE 5 INTERNATIONAL NARCOTICS CONTROL AND LAW 6 ENFORCEMENT 7 For an additional amount for ‘‘International Nar8 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 pursuant to section 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.) 88 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 TITLE V 2 GENERAL PROVISIONS—THIS ACT 3 SEC. 501. Each amount appropriated or made avail4 able by this Act is in addition to amounts otherwise appro5 priated for the fiscal year involved. 6 SEC. 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. 9 SEC. 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, des22 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 transferred February 4, 2024 (6:13 p.m.) 89 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 pursuant to transfer authorities provided by this Act shall 2 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.) 90 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 DIVISION C—BORDER ACT 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 ACT Sec. 3001. Short title; table of contents. Sec. 3002. Definitions. TITLE I—CAPACITY BUILDING Subtitle A—Hiring, Training, and Systems Modernization CHAPTER 1—HIRING AUTHORITIES Sec. 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 TRAINING FOR 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.) 91 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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 by transnational 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 as of primary money laundering concern. Sec. 3324. Treatment of transnational criminal organizations in suspicious transactions reports of the financial crimes enforcement network. Sec. 3325. Report on trade-based money laundering in trade with Mexico, the People’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.) 92 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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 by or 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 fiance´s, fiance´es, 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.) 93 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (1) APPROPRIATE COMMITTEES OF CON2 GRESS.—Except as otherwise explicitly provided, the 3 term ‘‘appropriate committees of Congress’’ 4 means— 5 (A) the Committee on Appropriations of 6 the Senate; 7 (B) the Committee on the Judiciary of the 8 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 16 of the House of Representatives. 17 (2) SECRETARY.—The term ‘‘Secretary’’ means 18 the Secretary of Homeland Security. 19 TITLE I—CAPACITY BUILDING 20 Subtitle A—Hiring, Training, and 21 Systems Modernization 22 CHAPTER 1—HIRING AUTHORITIES 23 SEC. 3101. USCIS DIRECT HIRE AUTHORITY. 24 (a) IN GENERAL.—The Secretary may appoint, with25 out regard to the provisions of sections 3309 through February 4, 2024 (6:13 p.m.) 94 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 3319 of title 5, United States Code, candidates needed for 2 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 critical 8 hiring need exists; and 9 (3) the Secretary has consulted with the Direc10 tor of the Office of Personnel Management regard11 ing— 12 (A) the positions for which the Secretary 13 plans to recruit; 14 (B) the quantity of candidates Secretary is 15 seeking; and 16 (C) the assessment and selection policies 17 the Secretary plans to utilize. 18 (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.) 95 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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 pur7 suant to such authority; and 8 (3) how the Department of Homeland Security 9 exercised such authority consistently with merit sys10 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, with16 out regard to the provisions of sections 3309 through 17 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 (1) public notice has been given; February 4, 2024 (6:13 p.m.) 96 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (2) the Secretary has determined that a critical 2 hiring need exists; and 3 (3) the Secretary has consulted with the Direc4 tor of the Office of Personnel Management regard5 ing— 6 (A) the positions for which the Secretary 7 plans to recruit; 8 (B) the quantity of candidates the Sec9 retary is seeking; and 10 (C) the assessment and selection policies 11 the Secretary plans to utilize. 12 (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 (2) salary information of individuals hired pur25 suant to such authority; and February 4, 2024 (6:13 p.m.) 97 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (3) how the Department of Homeland Security 2 exercised such authority consistently with merit sys3 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 MEET EXCEPTIONAL EMPLOYMENT NEEDS. 9 (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.) 98 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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 ASYLUM OFFICERS. 8 (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 Immi15 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 under 18 section 5332 before any additions, such as a locality19 based comparability payment under section 5304 or 20 5304a or a special rate supplement under section 21 5305; and 22 ‘‘(3) the term ‘special base rate’ means an an23 nual rate of basic pay payable to an asylum officer, 24 before any additions or reductions, that replaces the 25 General Schedule base rate otherwise applicable to February 4, 2024 (6:13 p.m.) 99 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 the asylum officer and that is administered in the 2 same manner as a General Schedule base rate. 3 ‘‘(b) SPECIAL BASE RATES OF PAY.— 4 ‘‘(1) ENTITLEMENT TO SPECIAL RATE.—Not5 withstanding section 5332, an asylum officer is enti6 tled to a special base rate at grades 1 through 15, 7 which shall— 8 ‘‘(A) replace the otherwise applicable Gen9 eral Schedule base rate for the asylum officer; 10 ‘‘(B) be basic pay for all purposes, includ11 ing the purpose of computing a locality-based 12 comparability payment under section 5304 or 13 5304a; and 14 ‘‘(C) be computed as described in para15 graph (2) and adjusted at the time of adjust16 ments in the General Schedule. 17 ‘‘(2) COMPUTATION.—The special base rate for 18 an asylum officer shall be derived by increasing the 19 otherwise applicable General Schedule base rate for 20 the asylum officer by 15 percent for the grade of the 21 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.) 100 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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. 7 CHAPTER 2—HIRING WAIVERS 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 en16 forcement officer employed by a State or local law 17 enforcement agency, if such officer— 18 ‘‘(A) has served as a law enforcement offi19 cer for not fewer than three years with no 20 break in service; 21 ‘‘(B) is authorized by law to engage in or 22 supervise the prevention, detection, investiga23 tion, or prosecution of, or the incarceration of 24 any person for, any violation of law, and has 25 statutory powers for arrest or apprehension; February 4, 2024 (6:13 p.m.) 101 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(C) is not currently under investigation, 2 does not have disciplinary, misconduct, or de3 rogatory records, has not been found to have 4 engaged in a criminal offense or misconduct, 5 has not resigned from a law enforcement officer 6 position under investigation or in lieu of termi7 nation, and has not been dismissed from a law 8 enforcement officer position; and 9 ‘‘(D) has, within the past ten years, suc10 cessfully completed a polygraph examination as 11 a condition of employment with such officer’s 12 current 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 offi16 cer for not fewer than three years with no 17 break in service; 18 ‘‘(B) has authority to make arrests, con19 duct investigations, conduct searches, make sei20 zures, carry firearms, and serve orders, war21 rants, and other processes; 22 ‘‘(C) is not currently under investigation, 23 does not have disciplinary, misconduct, or de24 rogatory records, has not been found to have 25 engaged in a criminal offense or misconduct, February 4, 2024 (6:13 p.m.) 102 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 has not resigned from a law enforcement officer 2 position under investigation or in lieu of termi3 nation, and has not been dismissed from a law 4 enforcement officer position; and 5 ‘‘(D) holds a current background investiga6 tion, in accordance with current standards re7 quired for access to Top Secret or Top Secret/ 8 Sensitive Compartmented Information. 9 ‘‘(3) In the case of an individual who is a mem10 ber of the Armed Forces (or a reserve component 11 thereof) or a veteran, if such individual— 12 ‘‘(A) has served in the Armed Forces for 13 not fewer than three years; 14 ‘‘(B) holds, or has held within the past five 15 years, Top Secret or Top Secret/Sensitive Com16 partmented Information clearance; 17 ‘‘(C) holds, or has undergone within the 18 past five years, a current background investiga19 tion in accordance with current standards re20 quired for access to Top Secret or Top Secret/ 21 Sensitive Compartmented Information; 22 ‘‘(D) received, or is eligible to receive, an 23 honorable 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.) 103 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 Uniform Code of Military Justice, and does not 2 have disciplinary, misconduct, or derogatory 3 records; and 4 ‘‘(E) was not granted any waivers to ob5 tain the clearance referred to subparagraph 6 (B). 7 ‘‘(c) TERMINATION OF WAIVER AUTHORITY.—The 8 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 indi24 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.) 104 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 with current standards required for access to Top Secret 2 or Top Secret/Sensitive Compartmented Information shall 3 be subject to an appropriate background investigation. 4 ‘‘(c) ADMINISTRATION OF POLYGRAPH EXAMINA5 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 ‘‘(1) the number of waivers granted and denied 25 under section 3(b); February 4, 2024 (6:13 p.m.) 105 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(2) the reasons for any denials of such waiver; 2 ‘‘(3) the percentage of applicants who were 3 hired after receiving a waiver; 4 ‘‘(4) the number of instances that a polygraph 5 was administered to an applicant who initially re6 ceived a waiver and the results of such polygraph; 7 ‘‘(5) an assessment of the current impact of the 8 polygraph waiver program on filling law enforcement 9 positions at U.S. Customs and Border Protection; 10 ‘‘(6) additional authorities needed by U.S. Cus11 toms and Border Protection to better utilize the 12 polygraph waiver program for its intended goals; and 13 ‘‘(7) any disciplinary actions taken against law 14 enforcement officers hired under the waiver author15 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 employ19 ment suitability tests that detect deception and could 20 be used in conjunction with traditional background 21 investigations to evaluate potential employees for 22 suitability; and 23 ‘‘(2) a recommendation regarding whether a 24 test referred to in paragraph (1) should be adopted 25 by U.S. Customs and Border Protection when the February 4, 2024 (6:13 p.m.) 106 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 polygraph examination requirement is waived pursu2 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, mis13 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 individ19 uals hired after passing the polygraph as re20 quired under subsection (a) of that section; and 21 ‘‘(B) to address any other issue relating to 22 discipline by U.S. Customs and Border Protec23 tion; and 24 ‘‘(2) submit to the Committee on Homeland Se25 curity and Governmental Affairs of the Senate and February 4, 2024 (6:13 p.m.) 107 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 the Committee on Homeland Security of the House 2 of Representatives a report that appropriately pro3 tects sensitive information and describes the results 4 of 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 ‘‘(1) CRIMINAL OFFENSE.—The term ‘criminal 15 offense’ means— 16 ‘‘(A) any felony punishable by a term of 17 imprisonment of more than one year; and 18 ‘‘(B) any other crime for which an essen19 tial element involves fraud, deceit, or misrepre20 sentation to obtain an advantage or to dis21 advantage another. 22 ‘‘(2) FEDERAL LAW ENFORCEMENT OFFICER.— 23 The term ‘Federal law enforcement officer’ means a 24 ‘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.) 108 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(3) MILITARY OFFENSE.—The term ‘military 2 offense’ means— 3 ‘‘(A) an offense for which— 4 ‘‘(i) a member of the Armed Forces 5 may be discharged or separated from serv6 ice in the Armed Forces; or 7 ‘‘(ii) a punitive discharge is, or would 8 be, authorized for the same or a closely re9 lated offense under the Manual for Courts10 Martial, as pursuant to Army Regulation 11 635–200 chapter 14–12; and 12 ‘‘(B) an action for which a member of the 13 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 the 17 meaning given such term in section 101(2) of title 18 38, United States Code.’’. 19 CHAPTER 3—ALTERNATIVES TO DETEN20 TION 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.) 109 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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 Enforce5 ment’s processes that release aliens under any type 6 of supervision, consistent and standard policies are 7 in place across all U.S. Immigration and Customs 8 Enforcement field offices; 9 (2) the U.S. Immigration and Customs En10 forcement’s alternatives to detention programs use 11 escalation and de-escalation techniques; and 12 (3) reports on the use of, and policies with re13 spect to, such escalation and de-escalation tech14 niques are provided to the public appropriately pro15 tecting sensitive information. 16 (b) ANNUAL POLICY REVIEW.— 17 (1) IN GENERAL.—Not less frequently than an18 nually, the Director shall conduct a review of U.S. 19 Immigration and Customs Enforcement policies with 20 respect to the alternatives to detention programs so 21 as to ensure standardization and evidence-based de22 cision making. 23 (2) SUBMISSION OF POLICY REVIEWS.—Not 24 later than 14 days after the completion of each re25 view required by paragraph (1), the Director shall February 4, 2024 (6:13 p.m.) 110 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 submit to the appropriate committees of Congress a 2 report on the results of the review. 3 (c) INDEPENDENT VERIFICATION AND VALIDA4 TION.—Not less frequently than every 5 years, the Direc5 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. 9 SEC. 3122. TRAINING FOR U.S. BORDER PATROL. 10 (a) IN GENERAL.—The Commissioner of U.S. Cus11 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— 16 (1) Department of Homeland Security policies, 17 procedures, and guidelines; 18 (2) the fundamentals of law (including the 19 Fourth Amendment to the Constitution of the 20 United States), ethics, and professional conduct; 21 (3) applicable Federal law and regulations; 22 (4) applicable migration trends that the Com23 missioner determines are relevant; 24 (5) best practices for coordinating with commu25 nity stakeholders; February 4, 2024 (6:13 p.m.) 111 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (6) de-escalation training; and 2 (7) any other information the Commissioner de3 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 to 10 vulnerable populations, such as children, persons 11 with diminished mental capacity, victims of human 12 trafficking, pregnant mothers, victims of gender13 based violence, victims of torture or abuse, and the 14 acutely ill; 15 (3) trends in transnational criminal organiza16 tion activities that impact border security and mi17 gration; 18 (4) policies, strategies, and programs— 19 (A) to protect due process, the civil, 20 human, and privacy rights of individuals, and 21 the private property rights of land owners; 22 (B) to reduce the number of migrant and 23 agent deaths; and 24 (C) to improve the safety of agents on pa25 trol; February 4, 2024 (6:13 p.m.) 112 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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 a 5 significant source of migrants who are— 6 (A) arriving to seek humanitarian protec7 tion; or 8 (B) encountered at a United States inter9 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 op14 erations on natural resources and the environment; 15 (9) relevant cultural, societal, racial, and reli16 gious training, including cross-cultural communica17 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 that 21 includes agency protocols for ensuring public safety, 22 personal safety, and the safety of persons in the cus23 tody of the Department of Homeland Security; and February 4, 2024 (6:13 p.m.) 113 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (12) any other training that meets the require2 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; and 8 (2) shall be approved in advance by the Com9 missioner of U.S. Customs and Border Protection to 10 ensure that such courses satisfy the requirements for 11 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 (1) in subsection (a)— February 4, 2024 (6:13 p.m.) 114 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (A) in paragraph (1), in the matter pre2 ceding subparagraph (A), by inserting ‘‘or, if 3 elected by the alien in writing, by email or other 4 electronic means to the extent feasible, if the 5 alien, or the alien’s counsel of record, volun6 tarily elects such service or otherwise accepts 7 service electronically’’ after ‘‘mail’’; and 8 (B) in paragraph (2)(A), in the matter 9 preceding clause (i), by inserting ‘‘or, if elected 10 by the alien in writing, by email or other elec11 tronic means to the extent feasible, if the alien, 12 or the alien’s counsel of record, voluntarily 13 elects such service or otherwise accepts service 14 electronically’’ after ‘‘mail’’; and 15 (2) in subsection (c)— 16 (A) by inserting ‘‘the alien, or to the 17 alien’s counsel of record, at’’ after ‘‘delivery 18 to’’; and 19 (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.) 115 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 SEC. 3132. AUTHORITY TO PREPARE AND ISSUE NOTICES 2 TO 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 Protec9 tion 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 12 received the necessary training to issue such a no13 tice, shall be authorized to prepare a notice to ap14 pear under this section for review and issuance by 15 the immigration officer.’’. 16 Subtitle B—Asylum Processing at 17 the Border 18 SEC. 3141. PROVISIONAL NONCUSTODIAL REMOVAL PRO19 CEEDINGS. 20 (a) IN GENERAL.—Chapter 4 of title II of the Immi21 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 PRO24 CEEDINGS. 25 ‘‘(a) GENERAL RULES.— February 4, 2024 (6:13 p.m.) 116 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(1) CIRCUMSTANCES WARRANTING NONCUSTO2 DIAL PROCEEDINGS.—The Secretary, based upon 3 operational circumstances, may refer an alien appli4 cant for admission for proceedings described in this 5 section if the alien— 6 ‘‘(A) indicates an intention to apply for a 7 protection determination; or 8 ‘‘(B) expresses a credible fear of persecu9 tion (as defined in section 235(b)(1)(B)(v)) or 10 torture. 11 ‘‘(2) RELEASE FROM CUSTODY.—Aliens re12 ferred for proceedings under this section shall be re13 leased from physical custody and processed in ac14 cordance with the procedures described in this sec15 tion. 16 ‘‘(3) ALTERNATIVES TO DETENTION.—An adult 17 alien, including a head of household, who has been 18 referred for a proceeding under this section shall be 19 supervised under the Alternatives to Detention pro20 gram of U.S. Immigration and Customs Enforce21 ment immediately upon release from physical cus22 tody and continuing for the duration of such pro23 ceeding. 24 ‘‘(4) FAMILY UNITY.—The Secretary shall en25 sure, to the greatest extent practicable, that the reFebruary 4, 2024 (6:13 p.m.) 117 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ferral of a family unit for proceedings under this 2 section includes all members of such family unit who 3 are traveling together. 4 ‘‘(5) EXCEPTIONS.— 5 ‘‘(A) UNACCOMPANIED ALIEN CHIL6 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 this 13 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 phys19 ically present in the United States for 20 more than the 14-day period imme21 diately prior to the date on which the 22 alien was encountered by U.S. Cus23 toms and Border Protection; and February 4, 2024 (6:13 p.m.) 118 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(II) was encountered within 100 2 air miles of the international land bor3 ders of the United States. 4 ‘‘(6) TIMING.—The provisional noncustodial re5 moval proceedings described in this section shall 6 conclude, to the maximum extent practicable, not 7 later than 90 days after the date the alien is in8 spected and determined inadmissible. 9 ‘‘(b) PROCEDURES FOR PROVISIONAL NONCUSTO10 DIAL REMOVAL PROCEEDINGS.— 11 ‘‘(1) COMMENCEMENT.— 12 ‘‘(A) IN GENERAL.—Provisional noncusto13 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.—The 90-day 18 period under subsection (a)(6) with respect to 19 an alien shall commence upon an inspection and 20 inadmissibility determination of the alien. 21 ‘‘(2) SERVICE AND NOTICE OF INTERVIEW RE22 QUIREMENTS.—In provisional noncustodial removal 23 proceedings conducted under this section, the Sec24 retary shall— February 4, 2024 (6:13 p.m.) 119 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(A) serve notice to the alien or, if per2 sonal service is not practicable, to the alien’s 3 counsel of record; 4 ‘‘(B) ensure that such notice, to the max5 imum extent practicable, is in the alien’s native 6 language or in a language the alien under7 stands; and 8 ‘‘(C) include in such notice— 9 ‘‘(i) the nature of the proceedings 10 against the alien; 11 ‘‘(ii) the legal authority under which 12 such proceedings will be conducted; and 13 ‘‘(iii) the charges against the alien 14 and the statutory provisions the alien is al15 leged to have violated; 16 ‘‘(D) inform the alien of his or her obliga17 tion— 18 ‘‘(i) to immediately provide (or have 19 provided) to the Secretary, in writing, the 20 mailing address, contact information, email 21 address or other electronic address, and 22 telephone number (if any), at which the 23 alien may be contacted respecting the pro24 ceeding under this section; and February 4, 2024 (6:13 p.m.) 120 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(ii) to provide to the Secretary, in 2 writing, any change of the alien’s mailing 3 address or telephone number shortly after 4 any such change; 5 ‘‘(E) include in such notice— 6 ‘‘(i) the time and place at which the 7 proceeding under this section will be held, 8 which shall be communicated, to the extent 9 practicable, before or during the alien’s re10 lease from physical custody; or 11 ‘‘(ii) immediately after release, the 12 time and place of such proceeding, which 13 shall be provided not later than 10 days 14 before the scheduled protection determina15 tion interview and shall be considered 16 proper service of the commencement of 17 proceedings; and 18 ‘‘(F) inform the alien of— 19 ‘‘(i) the consequences to which the 20 alien would be subject pursuant to section 21 240(b)(5) if the alien fails to appear at 22 such proceeding, absent exceptional cir23 cumstances; 24 ‘‘(ii) the alien’s right to be rep25 resented, at no expense to the Federal February 4, 2024 (6:13 p.m.) 121 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 Government, by any counsel or accredited 2 representative selected by the alien who is 3 authorized to represent an alien in such a 4 proceeding; and 5 ‘‘(G) the information described in section 6 235(b)(1)(B)(iv)(II). 7 ‘‘(3) PROTECTION DETERMINATION.— 8 ‘‘(A) IN GENERAL.—To the maximum ex9 tent practicable, within 90 days after the date 10 on which an alien is referred for proceedings 11 under this section, an asylum officer shall con12 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 pro16 ceeding under this section or section 240D be17 fore U.S. Citizenship and Immigration Services 18 and in any appeal of the result of such a pro19 ceeding, an alien shall have the privilege of 20 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.—The 24 asylum officer may receive into evidence any 25 oral or written statement that is material and February 4, 2024 (6:13 p.m.) 122 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 relevant to any matter in the protection deter2 mination. The testimony of the alien shall be 3 under oath or affirmation administered by the 4 asylum officer. 5 ‘‘(D) INTERPRETERS.—Whenever nec6 essary, the asylum officer shall procure the as7 sistance of an interpreter, to the maximum ex8 tent practicable, in the alien’s native language 9 or in a language the alien understands, during 10 any protection determination. 11 ‘‘(E) LOCATION.— 12 ‘‘(i) IN GENERAL.—Any protection de13 termination authorized under this section 14 shall occur in— 15 ‘‘(I) a U.S. Citizenship and Im16 migration Services office; 17 ‘‘(II) a facility managed, leased, 18 or operated by U.S. Citizenship and 19 Immigration Services; 20 ‘‘(III) any other location des21 ignated by the Director of U.S. Citi22 zenship and Immigration Services; or 23 ‘‘(IV) any other federally owned 24 or federally leased building that— February 4, 2024 (6:13 p.m.) 123 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(aa) the Director has au2 thorized or entered into a memo3 randum of agreement to be used 4 for such purpose; and 5 ‘‘(bb) meets the special rules 6 under clause (ii) and the min7 imum requirements under clause 8 (iii). 9 ‘‘(ii) SPECIAL RULES.— 10 ‘‘(I) LOCATION.—A protection 11 determination may not be conducted 12 in a facility that is managed, leased, 13 owned, or operated by U.S. Immigra14 tion and Customs Enforcement or 15 U.S. Customs and Border Protection. 16 ‘‘(II) REASONABLE TIME.—The 17 Secretary shall ensure that a protec18 tion determination is conducted dur19 ing a reasonable time of the day. 20 ‘‘(III) GEOGRAPHICAL LIMITA21 TION.—The Secretary shall ensure 22 that each protection determination for 23 an alien is scheduled at a facility that 24 is a reasonable distance from the cur25 rent residence of such alien. February 4, 2024 (6:13 p.m.) 124 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(IV) PROTECTION FOR CHIL2 DREN.—In the case of a family unit, 3 the Secretary shall ensure that the 4 best interests of the child or children 5 are considered when conducting a pro6 tection determination of the child’s 7 family unit. 8 ‘‘(iii) MINIMUM LOCATION REQUIRE9 MENT.—Each facility that the Director au10 thorizes to be used to conduct protection 11 determinations shall— 12 ‘‘(I) have adequate security 13 measures to protect Federal employ14 ees, aliens, and beneficiaries for bene15 fits; and 16 ‘‘(II) ensure the best interests of 17 the child or children are prioritized 18 pursuant to clause (ii)(IV) if such 19 children are present at the protection 20 determination. 21 ‘‘(F) WRITTEN RECORD.—The asylum offi22 cer shall prepare a written record of each pro23 tection determination, which— February 4, 2024 (6:13 p.m.) 125 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(i) shall be provided to the alien, or 2 to the alien’s counsel of record, upon a de3 cision; and 4 ‘‘(ii) shall include— 5 ‘‘(I) a summary of the material 6 facts stated by the alien; 7 ‘‘(II) any additional facts relied 8 upon by the asylum officer; 9 ‘‘(III) the asylum officer’s anal10 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 a 13 positive or negative outcome from the 14 protection determination; and 15 ‘‘(IV) a copy of the asylum offi16 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 deter21 mination in the event of exceptional cir22 cumstances. 23 ‘‘(ii) TOLLING OF TIME LIMITA24 TION.—If an interview is rescheduled at 25 the request of an alien, the period between February 4, 2024 (6:13 p.m.) 126 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 the date on which the protection deter2 mination was originally scheduled and the 3 date of the rescheduled interview shall not 4 count toward the 90-day period referred to 5 in subsection (a)(6). 6 ‘‘(H) WITHDRAWAL OF APPLICATION, VOL7 UNTARY DEPARTURE, AND VOLUNTARY REPA8 TRIATION.— 9 ‘‘(i) VOLUNTARY DEPARTURE.—The 10 Secretary may permit an alien to volun11 tarily depart in accordance with section 12 240E. 13 ‘‘(ii) WITHDRAWAL OF APPLICA14 TION.—The Secretary may permit an alien, 15 at any time before the protection merits 16 interview, to withdraw his or her applica17 tion and depart immediately from the 18 United States in accordance with section 19 240F. 20 ‘‘(iii) VOLUNTARY REPATRIATION.— 21 The Secretary may permit an alien to vol22 untarily repatriate in accordance with sec23 tion 240G. 24 ‘‘(I) CONVERSION TO REMOVAL PRO25 CEEDINGS UNDER SECTION 240.—The asylum February 4, 2024 (6:13 p.m.) 127 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 officer or immigration officer may refer or place 2 an alien into removal proceedings under section 3 240 by issuing a notice to appear for the pur4 pose of initiating such proceedings if either 5 such officer determines that— 6 ‘‘(i) such proceedings are required in 7 order to permit the alien to seek an immi8 gration benefit for which the alien is le9 gally entitled to apply; and 10 ‘‘(ii) such application requires such 11 alien to be placed in, or referred to pro12 ceedings under section 240 that are not 13 available to such alien under this section. 14 ‘‘(J) PROTECTION OF INFORMATION.— 15 ‘‘(i) SENSITIVE OR LAW ENFORCE16 MENT INFORMATION.—Nothing in this sec17 tion may be construed to compel any em18 ployee of the Department of Homeland Se19 curity to disclose any information that is 20 otherwise protected from disclosure by law. 21 ‘‘(ii) PROTECTION OF CERTAIN INFOR22 MATION.—Before providing the record de23 scribed in subparagraph (F) to the alien or 24 to the alien’s counsel of record, the DirecFebruary 4, 2024 (6:13 p.m.) 128 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 tor shall protect any information that is 2 prohibited by law from being disclosed. 3 ‘‘(c) PROTECTION DETERMINATION.— 4 ‘‘(1) IDENTITY VERIFICATION.—The Secretary 5 may not conduct the protection determination with 6 respect to an alien until the identity of the alien has 7 been checked against all appropriate records and 8 databases maintained by the Attorney General, the 9 Secretary of State, or the Secretary. 10 ‘‘(2) IN GENERAL.— 11 ‘‘(A) ELIGIBILITY.—Upon the establishing 12 the identity of an alien pursuant to paragraph 13 (1), the asylum officer shall conduct a protec14 tion determination in a location selected in ac15 cordance with this section. 16 ‘‘(B) OUTCOME.— 17 ‘‘(i) POSITIVE PROTECTION DETER18 MINATION OUTCOME.—If the protection de19 termination conducted pursuant to sub20 paragraph (A) results in a positive protec21 tion determination outcome, the alien shall 22 be referred to protection merits removal 23 proceedings in accordance with the proce24 dures described in paragraph (4). February 4, 2024 (6:13 p.m.) 129 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(ii) NEGATIVE PROTECTION DETER2 MINATION OUTCOME.—If such protection 3 determination results in a negative protec4 tion determination outcome, the alien shall 5 be subject to the process described in sub6 section (d). 7 ‘‘(3) RECORD.— 8 ‘‘(A) USE OF RECORD.—In each protection 9 determination, or any review of such determina10 tion, the record of the alien’s protection deter11 mination required under subsection (b)(3)(F) 12 shall constitute the underlying application for 13 the alien’s application for asylum, withholding 14 of removal under section 241(b)(3), or protec15 tion under the Convention Against Torture for 16 purposes of the protection merits interview. 17 ‘‘(B) DATE OF FILING.—The date on 18 which the Secretary issues a notification of a 19 positive protection determination pursuant to 20 paragraph (2)(B)(i) shall be considered, for all 21 purposes, the date of filing and the date of re22 ceipt of the alien’s application for asylum, with23 holding of removal under section 241(b)(3), or 24 protection under the Convention Against Tor25 ture, as applicable. February 4, 2024 (6:13 p.m.) 130 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(4) REFERRAL FOR PROTECTION MERITS RE2 MOVAL PROCEEDINGS.— 3 ‘‘(A) IN GENERAL.—If the alien receives a 4 positive protection determination— 5 ‘‘(i) the alien shall be issued employ6 ment authorization pursuant to section 7 235C; and 8 ‘‘(ii) subject to paragraph (5), the 9 asylum officer shall refer the alien for pro10 tection merits removal proceedings de11 scribed in section 240D. 12 ‘‘(B) NOTIFICATIONS.—As soon as prac13 ticable after a positive protection determination, 14 the Secretary shall— 15 ‘‘(i) issue a written notification to the 16 alien of the outcome of such determination; 17 ‘‘(ii) include all of the information de18 scribed in subsection (b)(2); and 19 ‘‘(iii) ensure that such notification 20 and information concerning the procedures 21 under section 240D, shall be made, at a 22 minimum, not later than 30 days before 23 the date on which the required protection 24 merits interview under section 240D oc25 curs. February 4, 2024 (6:13 p.m.) 131 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(5) AUTHORITY TO GRANT RELIEF OR PRO2 TECTION.— 3 ‘‘(A) IN GENERAL.—If an alien dem4 onstrates, by clear and convincing evidence, 5 that the alien is eligible for asylum, withholding 6 of removal under section 241(b)(3), or protec7 tion under the Convention Against Torture dur8 ing the protection determination, the asylum of9 ficer, subject to the procedures under subpara10 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 sub17 paragraph (A) shall be reviewed by a su18 pervisory asylum officer to determine 19 whether such grant is warranted. 20 ‘‘(ii) LIMITATION.—A decision by an 21 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 offi25 cer first determines, based on the review February 4, 2024 (6:13 p.m.) 132 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 conducted pursuant to clause (i), that such 2 a grant is warranted. 3 ‘‘(iii) EFFECT OF APPROVAL.—If the 4 supervisor determines that granting an 5 alien’s application for relief or protection is 6 warranted— 7 ‘‘(I) such application shall be ap8 proved; and 9 ‘‘(II) the alien shall receive writ10 ten notification of such decision as 11 soon as practicable. 12 ‘‘(iv) EFFECT OF NON-APPROVAL.—If 13 the supervisor determines that the grant is 14 not warranted, the alien shall be referred 15 for protection merits removal proceedings 16 under section 240D. 17 ‘‘(C) SPECIAL RULES.—Notwithstanding 18 any other provision of law— 19 ‘‘(i) if an alien’s application for asy20 lum is approved pursuant to subparagraph 21 (B)(iii), the asylum officer may not issue 22 an order of removal; and 23 ‘‘(ii) if an alien’s application for with24 holding of removal under section 241(b)(3) 25 or for withholding or deferral of removal February 4, 2024 (6:13 p.m.) 133 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 under the Convention Against Torture is 2 approved pursuant to subparagraph 3 (B)(iii), the asylum officer shall issue a 4 corresponding order of removal. 5 ‘‘(D) BIANNUAL REPORT.—The Director 6 shall submit a biannual report to the relevant 7 committees of Congress that includes, for the 8 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 14 clause (i) that were approved subsequent 15 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 subse19 quent to the referral to a supervisor pursu20 ant to subparagraph (B); 21 ‘‘(iv) a summary of the benefits for 22 which any aliens described in subpara23 graph (A) were considered amenable and 24 whose cases were referred to a supervisor 25 pursuant to subparagraph (B), February 4, 2024 (6:13 p.m.) 134 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 disaggregated by case outcome referred to 2 in clauses (ii) and (iii); 3 ‘‘(v) a description of any anomalous 4 case outcomes for aliens described in sub5 paragraph (A) whose cases were referred 6 to a supervisor pursuant subparagraph 7 (B); and 8 ‘‘(vi) a description of any actions 9 taken to remedy the anomalous case out10 comes referred to in clause (v). 11 ‘‘(E) PROTECTION OF PERSONALLY IDEN12 TIFIABLE INFORMATION.—In preparing each re13 port pursuant to subparagraph (D), the Direc14 tor shall— 15 ‘‘(i) protect any personally identifiable 16 information associated with aliens de17 scribed in subparagraph (A); and 18 ‘‘(ii) comply with all applicable pri19 vacy 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.) 135 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(1) IN GENERAL.—If an alien receives a nega2 tive protection determination, the asylum officer 3 shall— 4 ‘‘(A) provide such alien with written notifi5 cation of such determination; and 6 ‘‘(B) subject to paragraph (2), order the 7 alien removed from the United States without 8 hearing or review. 9 ‘‘(2) OPPORTUNITY TO REQUEST RECONSIDER10 ATION OR APPEAL.—The Secretary shall notify any 11 alien described in paragraph (1) immediately after 12 receiving notification of a negative protection deter13 mination under this subsection that he or she— 14 ‘‘(A) may request reconsideration of such 15 determination in accordance with paragraph 16 (3); and 17 ‘‘(B) may request administrative review of 18 such protection determination decision in ac19 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 recon24 sideration to U.S. Citizenship and Immigration February 4, 2024 (6:13 p.m.) 136 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 Services not later than 5 days after such deter2 mination. 3 ‘‘(B) DECISION.—The Director, or des4 ignee, in the Director’s unreviewable discretion, 5 may grant or deny a request for reconsideration 6 made pursuant to subparagraph (A), which de7 cision 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 of 18 record, may submit such additional evidence or 19 testimony in accordance with such policies and 20 procedures as the Secretary may prescribe. 21 ‘‘(C) REVIEW.—Each review described in 22 subparagraph (A) shall be conducted by the 23 Protection Appellate Board. 24 ‘‘(D) STANDARD OF REVIEW.—In accord25 ance with the procedures prescribed by the SecFebruary 4, 2024 (6:13 p.m.) 137 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 retary, the Protection Appellate Board, upon 2 the request of an alien, or the alien’s counsel of 3 record, shall conduct a de novo review of the 4 record of the protection determination carried 5 out pursuant to this section with respect to the 6 alien. 7 ‘‘(E) DETERMINATION.— 8 ‘‘(i) TIMING.—The Protection Appel9 late 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) EFFECT OF POSITIVE DETER15 MINATION.—If, after conducting a review 16 under this paragraph, the Protection Ap17 pellate Board determines that an alien has 18 a positive protection determination, the 19 alien shall be referred for protection merits 20 removal proceedings under section 240D. 21 ‘‘(iii) EFFECT OF NEGATIVE DETER22 MINATION.—If, after conducting a review 23 under this paragraph, the Protection Ap24 pellate Board determines that an alien has 25 a negative protection determination, the February 4, 2024 (6:13 p.m.) 138 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 alien shall be ordered removed from the 2 United States without additional review. 3 ‘‘(5) JURISDICTIONAL MATTERS.—In any action 4 brought against an alien under section 275(a) or 5 276, the court shall not have jurisdiction to hear any 6 claim attacking the validity of an order of removal 7 entered pursuant to subsection (c)(5)(C)(ii). 8 ‘‘(e) SERVICE OF PROTECTION DETERMINATION DE9 CISION.— 10 ‘‘(1) PROTECTION DETERMINATION DECI11 SION.— 12 ‘‘(A) IN GENERAL.—Upon reaching a deci13 sion regarding a protection determination, the 14 Secretary shall— 15 ‘‘(i) immediately notify the alien, and 16 the alien’s counsel of record, if applicable, 17 that a determination decision has been 18 made; and 19 ‘‘(ii) schedule the service of the pro20 tection determination decision, which shall 21 take place, to the maximum extent prac22 ticable, not later than 5 days after such 23 notification. 24 ‘‘(B) SPECIAL RULES.— February 4, 2024 (6:13 p.m.) 139 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(i) LOCATION.—Each service of a 2 protection determination decision sched3 uled pursuant to subparagraph (A)(ii) may 4 occur at— 5 ‘‘(I) a U.S. Immigration and 6 Customs Enforcement facility; 7 ‘‘(II) an Immigration Court; or 8 ‘‘(III) any other federally owned 9 or federally leased building that— 10 ‘‘(aa) the Secretary has au11 thorized or entered into a memo12 randum of agreement to be used 13 for such purpose; and 14 ‘‘(bb) meets the minimum 15 requirements under this subpara16 graph. 17 ‘‘(ii) MINIMUM REQUIREMENTS.—In 18 conducting each service of a protection de19 termination decision, the Director shall en20 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 ‘‘(2) PROCEDURES FOR SERVICE OF PROTEC24 TION DETERMINATION DECISIONS.— February 4, 2024 (6:13 p.m.) 140 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(A) WRITTEN DECISION.—The Secretary 2 shall ensure that each alien and the alien’s 3 counsel of record, if applicable, attending a de4 termination decision receives a written decision 5 that includes, at a minimum, the articulated 6 basis for the denial of the protection benefit 7 sought by the alien. 8 ‘‘(B) LANGUAGE ACCESS.—The Secretary 9 shall ensure that each written decision required 10 under subparagraph (A) is delivered to the alien 11 in— 12 ‘‘(i) the alien’s native language, to the 13 maximum extent practicable; or 14 ‘‘(ii) another language the alien un15 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 to 19 the Federal Government, at the service of the 20 protection determination. Nothing in this sub21 paragraph may be construed to create a sub22 stantive due process right or to unreasonably 23 delay the scheduling of the service of the pro24 tection determination. February 4, 2024 (6:13 p.m.) 141 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(D) ASYLUM OFFICER.—A protection de2 termination decision may only be served by an 3 asylum officer. 4 ‘‘(E) PROTECTIONS FOR ASYLUM OFFICER 5 DECISIONS BASED ON THE MERITS OF THE 6 CASE.—The Secretary may not impose restric7 tions on an asylum officer’s ability to grant or 8 deny relief sought by an alien in a protection 9 determination or protection merits interview 10 based on a numerical limitation. 11 ‘‘(3) NEGATIVE PROTECTION DETERMINA12 TION.— 13 ‘‘(A) ADVISEMENT OF RIGHTS AND OPPOR14 TUNITIES.—If an alien receives a negative pro15 tection determination decision, the asylum offi16 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; or 23 ‘‘(III) voluntary repatriation; and 24 ‘‘(ii) provide written or verbal infor25 mation to the alien regarding the process, February 4, 2024 (6:13 p.m.) 142 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 procedures, and timelines for appealing 2 such denial, to the maximum extent prac3 ticable, in the alien’s native language, or in 4 a language the alien understands. 5 ‘‘(4) PROTECTION FOR CHILDREN.—In the case 6 of a family unit, the Secretary shall ensure that the 7 best interests of the child or children are considered 8 when conducting a protection determination of the 9 child’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 DETER15 MINATION.— 16 ‘‘(1) IN GENERAL.—If the Secretary fails to 17 conduct a protection determination for an alien dur18 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 ‘‘(2) NOTICE OF PROTECTION MERITS INTER23 VIEW.— 24 ‘‘(A) IN GENERAL.—If an alien is referred 25 for protection merits removal proceedings purFebruary 4, 2024 (6:13 p.m.) 143 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 suant to paragraph (1), the Secretary shall 2 properly file with U.S. Citizenship and Immi3 gration Services and serve upon the alien, or 4 the alien’s counsel of record, a notice of a pro5 tection merits interview, in accordance with 6 subsection (b)(2). 7 ‘‘(B) CONTENTS.—Each notice of protec8 tion merits interview served pursuant to sub9 paragraph (A)— 10 ‘‘(i) shall include each element de11 scribed in subsection (b)(2); and 12 ‘‘(ii) shall— 13 ‘‘(I) inform the alien that an ap14 plication for protection relief shall be 15 submitted to the Secretary not later 16 than 30 days before the date on which 17 the alien’s protection merits interview 18 is scheduled; 19 ‘‘(II) inform the alien that he or 20 she shall receive employment author21 ization, pursuant to section 235C, not 22 later than 30 days after filing the ap23 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.) 144 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 record not later than 30 days before 2 the date on which the alien’s protec3 tion merits interview is scheduled; 4 ‘‘(IV) describe— 5 ‘‘(aa) the penalties resulting 6 from the alien’s failure to file the 7 application required under sub8 clause (I); and 9 ‘‘(bb) the terms and condi10 tions for redressing such failure 11 to file; and 12 ‘‘(V) describe the penalties re13 sulting from the alien’s failure to ap14 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 the 18 Secretary shall be considered the date of filing and 19 receipt for all purposes. 20 ‘‘(4) EFFECT OF FAILURE TO FILE.— 21 ‘‘(A) IN GENERAL.—Failure to timely file 22 an application for protection relief under this 23 subsection will result in an order of removal, 24 absent exceptional circumstances. 25 ‘‘(B) OPPORTUNITY FOR REDRESS.— February 4, 2024 (6:13 p.m.) 145 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(i) IN GENERAL.—The Secretary 2 shall promulgate regulations authorizing a 3 15-day opportunity for redress to file an 4 application for protection relief if there are 5 exceptional circumstances regarding the 6 alien’s failure to timely file an application 7 for protection relief. 8 ‘‘(ii) CONTENTS.—Each application 9 submitted pursuant to clause (i) shall— 10 ‘‘(I) describe the basis for such 11 request; 12 ‘‘(II) include supporting evidence; 13 and 14 ‘‘(III) identify the exceptional 15 circumstances that led to the alien’s 16 failure to file the application for pro17 tection relief in a timely manner. 18 ‘‘(C) DECISION .—In evaluating a request 19 for redress submitted pursuant to subparagraph 20 (B)(i), the Director, or designee— 21 ‘‘(i) shall determine whether such re22 quest rises to the level of exceptional cir23 cumstances; and 24 ‘‘(ii) may schedule a protection deter25 mination interview. February 4, 2024 (6:13 p.m.) 146 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(5) EMPLOYMENT AUTHORIZATION.— 2 ‘‘(A) IN GENERAL.—Employment author3 ization shall be provided to aliens described in 4 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 sec9 tion 240D if such alien— 10 ‘‘(i) has obtained authorization for 11 employment pursuant to the procedures 12 described in section 235C; and 13 ‘‘(ii) absent exceptional circumstances, 14 subsequently fails to appear for a protec15 tion determination under subsection (b)(3) 16 or a protection merits interview under 17 240D(c)(3). 18 ‘‘(g) FAILURE TO APPEAR.— 19 ‘‘(1) PROTECTION MERITS INTERVIEW.—The 20 provisions of section 240(b)(5) shall apply to pro21 ceedings under this section. 22 ‘‘(2) OPPORTUNITY TO REDRESS.— 23 ‘‘(A) IN GENERAL.—Not later than 15 24 days after the date on which an alien fails to 25 appear for a scheduled protection determination February 4, 2024 (6:13 p.m.) 147 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 or protection merits interview, the alien may 2 submit a written request for a rescheduled pro3 tection determination or protection merits inter4 view. 5 ‘‘(B) CONTENTS.—Each request submitted 6 pursuant to subparagraph (A) shall— 7 ‘‘(i) describe the basis for such re8 quest; 9 ‘‘(ii) include supporting evidence; and 10 ‘‘(iii) identify the exceptional cir11 cumstances that led to the alien’s failure to 12 appear. 13 ‘‘(C) DECISION.—In evaluating a request 14 submitted pursuant to subparagraph (A), the 15 Director, or designee shall determine whether 16 the evidence included in such request rises to 17 the level of exceptional circumstances. Such de18 cision shall not be reviewable. 19 ‘‘(h) RULEMAKING.— 20 ‘‘(1) IN GENERAL.—The Secretary may promul21 gate such regulations as are necessary to implement 22 this section in compliance with the requirements of 23 section 553 of title 5, United States Code. 24 ‘‘(2) INITIAL IMPLEMENTATION.—Until the 25 date that is 180 days after the date of the enactFebruary 4, 2024 (6:13 p.m.) 148 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ment of this section, the Secretary may issue any in2 terim final rules necessary to implement this section 3 without having to satisfy the requirements of section 4 553(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 promul9 gated to implement this section beginning on the 10 date that is 180 days after the date of the enact11 ment of this section, shall be issued pursuant to the 12 requirements set forth in section 553 of title 5, 13 United States Code. 14 ‘‘(i) SAVINGS PROVISIONS.— 15 ‘‘(1) EXPEDITED REMOVAL.—Nothing in this 16 section may be construed to expand or restrict the 17 Secretary’s discretion to carry out expedited remov18 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.) 149 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 to detain an alien released pursuant to this section 2 if otherwise authorized by law. 3 ‘‘(3) SETTLEMENT AGREEMENTS.—Nothing in 4 this section may be construed— 5 ‘‘(A) to expand or restrict any settlement 6 agreement in effect as of the date of the enact7 ment of this section; or 8 ‘‘(B) to abrogate any provision of the stip9 ulated settlement agreement in Reno v. Flores, 10 as filed in the United States District Court for 11 the Central District of California on January 12 17, 1997 (CV–85–4544–RJK), including all 13 subsequent court decisions, orders, agreements, 14 and stipulations. 15 ‘‘(4) IMPACT ON OTHER REMOVAL PRO16 CEEDINGS.—The provisions of this section may not 17 be interpreted to apply to any other form of removal 18 proceedings. 19 ‘‘(5) SPECIAL RULE.—For aliens who are na20 tives or citizens of Cuba released pursuant to this 21 section and who are otherwise eligible for adjust22 ment of status under the first section of Public Law 23 89–732 (8 U.S.C. 1255 note) (commonly known as 24 the ‘Cuban Adjustment Act’), the requirement that 25 an alien has been inspected and admitted or paroled February 4, 2024 (6:13 p.m.) 150 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 into the United States shall not apply. Aliens who 2 are natives or citizens of Cuba or Haiti and have 3 been released pursuant to section 240 (8 U.S.C. 4 1229) shall be considered to be individuals described 5 in section 501(e)(1) of the Refugee Education As6 sistance Act of 1980 (8 U.S.C. 1522 note). 7 ‘‘(6) REVIEW OF PROTECTION DETERMINA8 TIONS.—Except for reviews of constitutional claims, 9 no court shall have jurisdiction to review a protec10 tion determination issued by U.S. Citizenship and 11 Immigration Services under this section. 12 ‘‘(7) FINAL REMOVAL ORDERS.—No court shall 13 have jurisdiction to review a final order of removal 14 issued under this section. 15 ‘‘(j) JUDICIAL REVIEW.—Notwithstanding any other 16 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.) 151 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(k) REPORTS ON ASYLUM OFFICER GRANT 2 RATES.— 3 ‘‘(1) PUBLICATION OF ANNUAL REPORT.—Not 4 later than 1 year after the date of the enactment of 5 the Border Act, and annually thereafter, the Direc6 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 Serv9 ices, which includes, for the reporting period— 10 ‘‘(A) the number of protection determina11 tions that were approved or denied; and 12 ‘‘(B) a description of any anomalous inci13 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.—Not less frequently 18 than twice each year, the Director of U.S. Citi19 zenship and Immigration Services shall submit 20 a report to the relevant committees of Congress 21 that includes, for the preceding reporting pe22 riod, and aggregated for the applicable calendar 23 year— February 4, 2024 (6:13 p.m.) 152 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(i) the number of cases in which a 2 protection determination or protection mer3 its interview has been completed; and 4 ‘‘(ii) for each asylum office or duty 5 station to which more than 20 asylum offi6 cers are assigned— 7 ‘‘(I) the median percentage of 8 positive determinations and protection 9 merits interviews in the cases de10 scribed in clause (i); 11 ‘‘(II) the mean percentage of 12 negative determinations and protec13 tion merits interviews in such cases; 14 and 15 ‘‘(III) the number of cases de16 scribed in subsection (c)(5) in which 17 an alien was referred to a supervisor 18 after demonstrating, by clear and con19 vincing evidence, eligibility for asylum, 20 withholding of removal, or protection 21 under the Convention Against Tor22 ture, disaggregated by benefit type; 23 ‘‘(IV) the number of cases de24 scribed in clause (i) that were ap25 proved by a supervisor; and February 4, 2024 (6:13 p.m.) 153 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(V) the number of cases de2 scribed in clause (i) that were not ap3 proved by a supervisor. 4 ‘‘(B) PRESENTATION OF DATA.—The in5 formation described in subparagraph (A) shall 6 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 offi15 cer’ has the meaning given such term in section 16 235(b)(1)(E). 17 ‘‘(3) CONVENTION AGAINST TORTURE.—The 18 term ‘Convention Against Torture’ means the 19 United Nations Convention Against Torture and 20 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.) 154 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(5) EXCEPTIONAL CIRCUMSTANCES.—The 2 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 8 order, as applicable. 9 ‘‘(7) PROTECTION APPELLATE BOARD.—The 10 term ‘Protection Appellate Board’ means the Protec11 tion Appellate Board established under section 463 12 of the Homeland Security Act of 2002. 13 ‘‘(8) PROTECTION DETERMINATION DECI14 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 and Governmental Affairs of the Senate; 21 ‘‘(B) the Committee on the Judiciary of 22 the Senate; 23 ‘‘(C) the Committee on Appropriations of 24 the Senate; February 4, 2024 (6:13 p.m.) 155 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(D) the Committee on Homeland Security 2 of the House of Representatives; 3 ‘‘(E) the Committee on the Judiciary of 4 the House of Representatives; 5 ‘‘(F) the Committee on Appropriations of 6 the House of Representatives; and 7 ‘‘(G) the Committee on Oversight and Ac8 countability of the House of Representatives. 9 ‘‘(10) SECRETARY.—The term ‘Secretary’ 10 means 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 Immi17 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 referred 25 under subsection (c)(4) of that section after having February 4, 2024 (6:13 p.m.) 156 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 been issued a notice of a positive protection deter2 mination under such subsection; or 3 ‘‘(2) referred under section 235B(f). 4 ‘‘(b) DURATION OF PROCEEDINGS.—To the max5 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 this 11 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 no14 tice shall be provided, to the maximum extent prac15 ticable, in the alien’s native language, or in a lan16 guage the alien understands, and shall specify or 17 provide— 18 ‘‘(A) the nature of the proceedings against 19 the alien; 20 ‘‘(B) the legal authority under which such 21 proceedings will be conducted; 22 ‘‘(C) the charges against the alien and the 23 statutory provisions alleged to have been vio24 lated by the alien; 25 ‘‘(D) that the alien shall— February 4, 2024 (6:13 p.m.) 157 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(i) immediately provide (or have pro2 vided) to the Secretary, in writing, the 3 mailing address, contact information, email 4 address or other electronic address, and 5 telephone number (if any) at which the 6 alien may be contacted respecting the pro7 ceeding under this section; and 8 ‘‘(ii) provide to the Secretary, in writ9 ing, any change of the alien’s mailing ad10 dress or telephone number after any such 11 change; 12 ‘‘(E)(i) the time and place at which the 13 proceeding under this section will be held, 14 which information shall be communicated, to 15 the extent practicable, before or during the 16 alien’s release from physical custody; or 17 ‘‘(ii) immediately after release, the time 18 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 pro21 tection determination interview, which shall be 22 considered proper service of the commencement 23 of proceedings; 24 ‘‘(F) the consequences for the alien’s fail25 ure to appear at such proceeding pursuant to February 4, 2024 (6:13 p.m.) 158 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 section 240(b)(5)(A), absent exceptional cir2 cumstances; 3 ‘‘(G) the alien’s right to be represented, at 4 no expense to the Federal Government, by any 5 counsel, or an accredited representative, se6 lected by the alien who is authorized to practice 7 in such a proceeding; and 8 ‘‘(H) information described in section 9 235(b)(1)(B)(iv)(II). 10 ‘‘(2) ALTERNATIVES TO DETENTION.—An adult 11 alien, including a head of household, who has been 12 referred for proceedings under this section, shall be 13 supervised under the Alternatives to Detention pro14 gram of U.S. Immigration and Customs Enforce15 ment for the duration of such proceedings. 16 ‘‘(3) PROTECTION MERITS INTERVIEW.— 17 ‘‘(A) IN GENERAL.—An asylum officer 18 shall conduct a protection merits interview of 19 each alien processed under this section. 20 ‘‘(B) ACCESS TO COUNSEL.—Section 21 235B(b)(3)(B) shall apply to proceedings under 22 this section. 23 ‘‘(C) PROCEDURES AND EVIDENCE.—The 24 asylum officer may receive into evidence any 25 oral or written statement that is material and February 4, 2024 (6:13 p.m.) 159 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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 ad4 ministered by the asylum officer. 5 ‘‘(D) TRANSLATION OF DOCUMENTS.—Any 6 foreign language document offered by a party 7 in proceedings under this section shall be ac8 companied by an English language translation 9 and a certification signed by the translator, 10 which shall be printed legibly or typed. Such 11 certification shall include a statement that the 12 translator is competent to translate the docu13 ment, and that the translation is true and accu14 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 pro20 tection merits interview described in this section 21 shall be determined in accordance with the 22 terms and conditions described in section 23 235B(b)(3)(E). 24 ‘‘(G) WRITTEN RECORD.—The asylum offi25 cer shall prepare a written record of each proFebruary 4, 2024 (6:13 p.m.) 160 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 tection merits interview, which shall be provided 2 to the alien or the alien’s counsel, that in3 cludes— 4 ‘‘(i) a summary of the material facts 5 stated by the alien; 6 ‘‘(ii) any additional facts relied upon 7 by the asylum officer; 8 ‘‘(iii) the asylum officer’s analysis of 9 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 under 13 section 241(b)(3), or protection under the 14 Convention Against Torture; and 15 ‘‘(iv) a copy of the asylum officer’s 16 interview notes. 17 ‘‘(H) PROTECTION OF CERTAIN INFORMA18 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 prohib22 ited by law. 23 ‘‘(I) RULEMAKING.—The Secretary shall 24 promulgate regulations that permit an alien to February 4, 2024 (6:13 p.m.) 161 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 request a rescheduled interview due to excep2 tional circumstances. 3 ‘‘(J) WITHDRAWAL OF APPLICATION, VOL4 UNTARY DEPARTURE, AND VOLUNTARY REPA5 TRIATION.— 6 ‘‘(i) VOLUNTARY DEPARTURE.—The 7 Secretary may permit an alien to volun8 tarily depart in accordance with section 9 240E. 10 ‘‘(ii) WITHDRAWAL OF APPLICA11 TION.—The Secretary may permit an alien, 12 at any time before the protection merits 13 interview, to withdraw his or her applica14 tion and depart immediately from the 15 United States in accordance with section 16 240F. 17 ‘‘(iii) VOLUNTARY REPATRIATION.— 18 The Secretary may permit an alien to vol19 untarily repatriate in accordance with sec20 tion 240G. 21 ‘‘(4) SPECIAL RULE RELATING TO ONE-YEAR 22 BAR.—An alien subject to proceedings under this 23 section shall not be subject to the one-year bar 24 under section 208(a)(2)(B). February 4, 2024 (6:13 p.m.) 162 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(5) TIMING OF PROTECTION MERITS INTER2 VIEW.—A protection merits interview may not be 3 conducted on a date that is earlier than 30 days 4 after the date on which notice is served under para5 graph (1). 6 ‘‘(d) PROTECTION MERITS DETERMINATION.— 7 ‘‘(1) IN GENERAL.—After conducting an alien’s 8 protection merits interview, the asylum officer shall 9 make a determination on the merits of the alien’s 10 application for asylum under section 208, with11 holding of removal under section 241(b)(3), or pro12 tection under the Convention Against Torture. 13 ‘‘(2) POSITIVE PROTECTION MERITS DETER14 MINATION.—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 sec19 tion 241(b)(3), or protection under the Convention 20 Against Torture. 21 ‘‘(3) NEGATIVE PROTECTION MERITS DETER22 MINATION.— 23 ‘‘(A) IN GENERAL.—In the case of an alien 24 who the asylum officer determines does not February 4, 2024 (6:13 p.m.) 163 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 meet the criteria for a positive protection merits 2 determination— 3 ‘‘(i) the asylum officer shall deny the 4 alien’s application for asylum under section 5 208, withholding of removal under section 6 241(b)(3), or protection under the Conven7 tion Against Torture; and 8 ‘‘(ii) the Secretary shall— 9 ‘‘(I) provide the alien with writ10 ten notice of the decision; and 11 ‘‘(II) subject to subparagraph 12 (B) and subsection (e), order the re13 moval of the alien from the United 14 States. 15 ‘‘(B) REQUEST FOR RECONSIDERATION.— 16 Any alien with respect to whom a negative pro17 tection merits determination has been made 18 may submit a request for reconsideration to 19 U.S. Citizenship and Immigration Services not 20 later than 5 days after such determination, in 21 accordance with the procedures set forth in sec22 tion 235B(d)(3). 23 ‘‘(e) APPEALS.— 24 ‘‘(1) IN GENERAL.—An alien with respect to 25 whom a negative protection merits determination February 4, 2024 (6:13 p.m.) 164 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 has been made may submit to the Protection Appel2 late Board a written petition for review of such de3 termination, together with additional evidence sup4 porting the alien’s claim, as applicable, not later 5 than 7 days after the date on which a request for 6 reconsideration under subsection (d)(3)(B) has been 7 denied. 8 ‘‘(2) SWORN STATEMENT.—A petition for re9 view submitted under this subsection shall include a 10 sworn statement by the alien. 11 ‘‘(3) RESPONSIBILITIES OF THE DIRECTOR.— 12 ‘‘(A) IN GENERAL.—After the filing of a 13 petition for review by an alien, the Director 14 shall— 15 ‘‘(i) refer the alien’s petition for re16 view to the Protection Appellate Board; 17 and 18 ‘‘(ii) before the date on which the 19 Protection Appellate Board commences re20 view, subject to subparagraph (B), provide 21 a full record of the alien’s protection mer22 its interview, including a transcript of such 23 interview— 24 ‘‘(I) to the Protection Appellate 25 Board; and February 4, 2024 (6:13 p.m.) 165 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(II) to the alien, or the alien’s 2 counsel of record. 3 ‘‘(B) PROTECTION OF CERTAIN INFORMA4 TION.—Before providing the record described in 5 subparagraph (A)(ii)(II) to the alien or the 6 alien’s counsel of record, the Director shall pro7 tect any information the disclosure of which is 8 prohibited by law. 9 ‘‘(4) STANDARD OF REVIEW.— 10 ‘‘(A) IN GENERAL.—In reviewing a protec11 tion 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 or 17 protection was clear error; and 18 ‘‘(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 under 23 clause (i) or (ii) of subparagraph (A), take into 24 account the credibility of the statements made 25 by the alien in support of the alien’s claim and February 4, 2024 (6:13 p.m.) 166 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 such 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 5 which an alien files a petition for review with the 6 Protection Appellate Board, the Protection Appellate 7 Board shall conclude the review. 8 ‘‘(6) OPPORTUNITY TO SUPPLEMENT.—The 9 Protection Appellate Board shall establish a process 10 by 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 re14 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 re21 moval issued by the asylum officer and grant 22 such application. 23 ‘‘(B) WITHHOLDING OF REMOVAL AND 24 CONVENTION AGAINST TORTURE ORDER OF RE25 MOVAL.—In the case of a determination by the February 4, 2024 (6:13 p.m.) 167 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 Protection Appellate Board that the application 2 of an alien for withholding of removal under 3 section 241(b)(3) or protection under the Con4 vention Against Torture warrants approval, the 5 Protection Appellate Board— 6 ‘‘(i) shall not vacate the order of re7 moval issued by the asylum officer; and 8 ‘‘(ii) shall grant the application for 9 withholding of removal under section 10 241(b)(3) or protection under the Conven11 tion Against Torture, as applicable. 12 ‘‘(C) AFFIRMATION OF ORDER OF RE13 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 applica18 tion and the order of removal shall become 19 final. 20 ‘‘(D) NOTIFICATION.—Upon making a de21 termination with respect to a review under this 22 subsection, the Protection Appellate Board shall 23 expeditiously provide notice of the determina24 tion to the alien and, as applicable, to the 25 alien’s counsel of record. February 4, 2024 (6:13 p.m.) 168 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(8) MOTION TO REOPEN OR MOTION TO RE2 CONSIDER.— 3 ‘‘(A) MOTION TO REOPEN.—A motion to 4 reopen a review conducted by the Protection 5 Appellate Board shall state new facts and shall 6 be supported by documentary evidence. The re7 submission of previously provided evidence or 8 reassertion of previously stated facts shall not 9 be sufficient to meet the requirements of a mo10 tion to reopen under this subparagraph. An 11 alien 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 re16 consider a decision of the Protection Ap17 pellate Board— 18 ‘‘(I) shall establish that— 19 ‘‘(aa) the Protection Appel20 late Board based its decision on 21 an incorrect application of law or 22 policy; and 23 ‘‘(bb) the decision was incor24 rect based on the evidence in the February 4, 2024 (6:13 p.m.) 169 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 record of proceedings at the time 2 of the decision; and 3 ‘‘(II) shall be filed not later than 4 30 days after the date on which the 5 decision was issued. 6 ‘‘(ii) LIMITATION.—The Protection 7 Appellate Board shall not consider new 8 facts or evidence submitted in support of a 9 motion to reconsider. 10 ‘‘(f) ORDER OF REMOVAL.— 11 ‘‘(1) IN GENERAL.—The Secretary— 12 ‘‘(A) shall have exclusive and final jurisdic13 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 resi19 dence, or in accordance with the processes es20 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 and 24 conditions under section 241 shall apply to the deFebruary 4, 2024 (6:13 p.m.) 170 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 tention and removal of aliens ordered removed from 2 the United States under this section. 3 ‘‘(g) LIMITATION ON JUDICIAL REVIEW.— 4 ‘‘(1) DENIALS OF PROTECTION.—Except for re5 view of constitutional claims, no court shall have ju6 risdiction to review a decision issued by U.S. Citi7 zenship and Immigration Services under this section 8 denying an alien’s application for asylum under sec9 tion 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 shall 13 have jurisdiction to review a final order of removal 14 issued under this section. 15 ‘‘(h) RULEMAKING.— 16 ‘‘(1) IN GENERAL.—The Secretary may promul17 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 enact22 ment of this section, the Secretary may issue any in23 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.) 171 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 that any such interim final rules shall include a 30- 2 day post promulgation notice and comment period 3 prior to finalization in the Federal Register. 4 ‘‘(3) REQUIREMENT.—All regulations promul5 gated to implement this section beginning on the 6 date that is 180 days after the date of the enact7 ment of this section, shall be issued pursuant to the 8 requirements set forth in section 553 of title 5, 9 United States Code. 10 ‘‘(i) SAVINGS PROVISIONS.— 11 ‘‘(1) DETENTION.—Nothing in this section may 12 be construed to affect the authority of the Secretary 13 to detain an alien who is processed, including for re14 lease, under this section if otherwise authorized by 15 law. 16 ‘‘(2) SETTLEMENT AGREEMENTS.—Nothing in 17 this section may be construed— 18 ‘‘(A) to expand or restrict any settlement 19 agreement in effect on the date of the enact20 ment of this section; or 21 ‘‘(B) to abrogate any provision of the stip22 ulated settlement agreement in Reno v. Flores, 23 as filed in the United States District Court for 24 the Central District of California on January 25 17, 1997 (CV–85–4544–RJK), including all February 4, 2024 (6:13 p.m.) 172 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 subsequent court decisions, orders, agreements, 2 and stipulations. 3 ‘‘(3) IMPACT ON OTHER REMOVAL PRO4 CEEDINGS.—The provisions of this section may not 5 be interpreted to apply to any other form of removal 6 proceedings. 7 ‘‘(4) CONVERSION TO REMOVAL PROCEEDINGS 8 UNDER SECTION 240.—The asylum officer or immi9 gration officer may refer or place an alien into re10 moval proceedings under section 240 by issuing a 11 notice to appear for the purpose of initiating such 12 proceedings if either such officer determines that— 13 ‘‘(A) such proceedings are required in 14 order to permit the alien to seek an immigra15 tion benefit for which the alien is legally enti16 tled to apply; and 17 ‘‘(B) such application requires such alien 18 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.) 173 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(k) JUDICIAL REVIEW.—Notwithstanding any other 2 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 this 7 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 offi13 cer’ has the meaning given such term in section 14 235(b)(1)(E). 15 ‘‘(2) CONVENTION AGAINST TORTURE.—The 16 term ‘Convention Against Torture’—means the 17 United Nations Convention Against Torture and 18 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.) 174 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(4) EXCEPTIONAL CIRCUMSTANCES.—The 2 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 8 order, as applicable. 9 ‘‘(6) PROTECTION APPELLATE BOARD.—The 10 term ‘Protection Appellate Board’ means the Protec11 tion Appellate Board established under section 463 12 of the Homeland Security Act of 2002. 13 ‘‘(7) PROTECTION DETERMINATION DECI14 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.) 175 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 SEC. 3143. VOLUNTARY DEPARTURE AFTER NONCUSTO2 DIAL PROCESSING; WITHDRAWAL OF APPLI3 CATION FOR ADMISSION. 4 (a) IN GENERAL.—Chapter 4 of title II of the Immi5 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 NONCUSTO9 DIAL PROCESSING. 10 ‘‘(a) CONDITIONS.— 11 ‘‘(1) IN GENERAL.—The Secretary of Homeland 12 Security (referred to in this section as the ‘Sec13 retary’) may permit an alien to voluntarily depart 14 the United States under this subsection, at the 15 alien’s own expense, instead of being subject to pro16 ceedings under section 235B or 240D or before the 17 completion of such proceedings, if such alien is not 18 deportable under paragraph (2)(A)(iii) or (4)(B) of 19 section 237(a). 20 ‘‘(2) PERIOD OF VALIDITY.—Permission to de21 part voluntarily under this subsection shall be valid 22 for a period not to exceed 120 days. 23 ‘‘(3) DEPARTURE BOND.—The Secretary may 24 require an alien permitted to depart voluntarily 25 under this subsection to post a voluntary departure 26 bond, which shall be surrendered upon proof that February 4, 2024 (6:13 p.m.) 176 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 the alien has departed the United States within the 2 time 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, 7 at the conclusion of a proceeding under section 8 240D, the asylum officer— 9 ‘‘(A) enters an order granting voluntary 10 departure instead of removal; and 11 ‘‘(B) determines that the alien— 12 ‘‘(i) has been physically present in the 13 United States for not less than 60 days 14 immediately preceding the date on which 15 proper notice was served in accordance 16 with section 235B(e)(2); 17 ‘‘(ii) is, and has been, a person of 18 good moral character for at least 5 years 19 immediately preceding the alien’s applica20 tion for voluntary departure; 21 ‘‘(iii) is not deportable under para22 graph (2)(A)(iii) or (4) of section 237(a); 23 and 24 ‘‘(iv) has established, by clear and 25 convincing evidence, that he or she has the February 4, 2024 (6:13 p.m.) 177 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 means to depart the United States and in2 tends to do so. 3 ‘‘(2) DEPARTURE BOND.—The Secretary shall 4 require any alien permitted to voluntarily depart 5 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 9 within 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), 17 an alien who was permitted to voluntarily depart the 18 United States under this section and fails to volun19 tarily depart within the period specified by the Sec20 retary— 21 ‘‘(A) shall be subject to a civil penalty of 22 not less than $1,000 and not more than 23 $5,000; and 24 ‘‘(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.) 178 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 permitted to voluntarily depart, to receive any 2 further 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 alien 8 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 sec20 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 ADMIS23 SION. 24 ‘‘(a) WITHDRAWAL AUTHORIZED.—The Secretary of 25 Homeland Security (referred to in this section as the ‘SecFebruary 4, 2024 (6:13 p.m.) 179 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 retary’), in the discretion of the Secretary, may permit any 2 alien for admission to withdraw his or her application— 3 ‘‘(1) instead of being placed into removal pro4 ceedings under section 235B or 240D; or 5 ‘‘(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.) 180 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec2 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 Immi11 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 PRO20 CEEDINGS.—Under the voluntary repatriation program es21 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.) 181 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 lieu of continued proceedings under section 235B or 2 240D. 3 ‘‘(c) PERIOD OF VALIDITY.—An alien who elects vol4 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 repatri11 ation instead of an order of removal; and 12 ‘‘(2) determines that the alien— 13 ‘‘(A) has been physically present in the 14 United States immediately preceding the date 15 on which the alien elects voluntary repatriation; 16 ‘‘(B) is, and has been, a person of good 17 moral character for the entire period the alien 18 is physically present in the United States; 19 ‘‘(C) is not described in paragraph 20 (2)(A)(iii) or (4) of section 237(a); 21 ‘‘(D) meets the applicable income require22 ments, as determined by the Secretary; and 23 ‘‘(E) has not previously elected voluntary 24 repatriation. 25 ‘‘(e) MINIMUM REQUIREMENTS.— February 4, 2024 (6:13 p.m.) 182 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(1) NOTICE.—The notices required to be pro2 vided to an alien under sections 235B(b)(2) and 3 240D(c)(1) shall include information on the vol4 untary repatriation program. 5 ‘‘(2) VERBAL REQUIREMENTS.—The asylum of6 ficer shall verbally provide the alien with information 7 about the opportunity to elect voluntary repatri8 ation— 9 ‘‘(A) at the beginning of a protection de10 termination under section 235B(c)(2); and 11 ‘‘(B) at the beginning of the protection 12 merits interview under section 240D(b)(3). 13 ‘‘(3) WRITTEN REQUEST.—An alien subject to 14 section 235B or 240D— 15 ‘‘(A) may elect voluntary repatriation at 16 any time during proceedings under 235B or be17 fore the protection merits determination under 18 section 240D(d); and 19 ‘‘(B) may only elect voluntary repatri20 ation— 21 ‘‘(i) knowingly and voluntarily; and 22 ‘‘(ii) in a written format, to the max23 imum extent practicable, in the alien’s na24 tive language or in a language the alien February 4, 2024 (6:13 p.m.) 183 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 understands, or in an alternative record if 2 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 17 alien who elects voluntary repatriation at any time 18 during proceeding under section 235B or before the 19 protection merits interview, a final order of removal 20 shall not be entered against the alien. 21 ‘‘(2) FAILURE TO TIMELY DEPART.—In the 22 case of an alien who elects voluntary repatriation 23 and fails to depart the United States before the end 24 of the period of validity under subsection (c)— February 4, 2024 (6:13 p.m.) 184 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(A) the alien shall be subject to a civil 2 penalty in an amount equal to the cost of the 3 commercial flight or the ticket, or tickets, to the 4 country of nationality; 5 ‘‘(B) during the 10-year period beginning 6 on the date on which the period of validity 7 under subsection (c) ends, the alien shall be in8 eligible for relief under— 9 ‘‘(i) this section; 10 ‘‘(ii) section 240A; and 11 ‘‘(iii) section 240E; and 12 ‘‘(C) a final order of removal shall be en13 tered against the alien. 14 ‘‘(3) EXCEPTIONS.—Paragraph (2) shall not 15 apply to a child of an adult alien who elected vol16 untary repatriation. 17 ‘‘(j) CLERICAL MATTERS.— 18 ‘‘(1) RULE OF CONSTRUCTION.—Nothing in 19 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 of 23 section 241(b)(3). 24 ‘‘(3) JUDICIAL REVIEW.—No court shall have 25 jurisdiction of the Secretary’s decision, in the SecFebruary 4, 2024 (6:13 p.m.) 185 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 retary’s sole discretion, to permit an alien to elect 2 voluntary repatriation. No court may order a stay of 3 an alien’s removal pending consideration of any 4 claim with respect to voluntary repatriation. 5 ‘‘(4) APPROPRIATIONS.—There are authorized 6 to be appropriated to the Secretary such sums as 7 necessary 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 (or 11 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 made 16 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.) 186 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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.’’ 5 and inserting ‘‘collected: Provided further, That such 6 fees may not be set to recover any costs associated 7 with the implementation of sections 235B and 8 240D, are appropriated by Congress, and are not 9 subject to the fees collected.’’; and 10 (2) in subsection (n), by adding at the end the 11 following: ‘‘Funds deposited in the ‘Immigration Ex12 aminations Fee Account’ shall not be used to reim13 burse any appropriation for expenses associated with 14 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 the 19 Immigration and Nationality Act (8 U.S.C. 1221 et 20 seq.) is amended by adding at the end the following: 21 ‘‘SEC. 244A. SPECIAL RULES FOR CONTIGUOUS CONTI22 NENTAL LAND BORDERS. 23 ‘‘(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.) 187 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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 presence 7 in the United States; 8 ‘‘(2) a significant law enforcement or intel9 ligence purpose warranting the alien’s presence in 10 the United States; 11 ‘‘(3) an urgent humanitarian reason directly 12 pertaining to the individual alien, according to spe13 cific criteria determined by the Secretary; 14 ‘‘(4) a Tribal religious ceremony, cultural ex15 change, celebration, subsistence use, or other cul16 turally important purpose warranting the alien’s 17 presence in the United States on Tribal land located 18 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 pro23 visions; or 24 ‘‘(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.) 188 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 travel temporarily abroad and received approval for 2 Advance Parole from the Secretary. 3 ‘‘(b) RULES OF CONSTRUCTION.—Nothing in this 4 section may be construed— 5 ‘‘(1) to preclude the execution of section 6 235(a)(4) or 241(a)(5); 7 ‘‘(2) to expand or restrict the authority to grant 8 parole under section 212(d)(5), including for aliens 9 arriving at a port of entry by air or sea, other than 10 an alien arriving by land at a contiguous continental 11 land border for whom a special rule described in 12 subsection (a) applies; or 13 ‘‘(3) to refer to or place an alien in removal 14 proceedings pursuant to section 240, or in any other 15 proceedings, if such referral is not otherwise author16 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 enact20 ment of this section, the Secretary shall require any 21 alien described in subsection (a) who does not meet 22 any of the criteria described in paragraphs (1) 23 through (6) of that subsection to be processed in ac24 cordance with section 235 or 235B, as applicable, February 4, 2024 (6:13 p.m.) 189 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 unless such alien is subject to removal proceedings 2 under subsection (b)(3). 3 ‘‘(2) PRE-CERTIFICATION REFERRALS AND 4 PLACEMENTS.—Before the Comptroller General of 5 the United States has certified that sections 235B 6 and 240D are fully operational pursuant to section 7 3146(d) of the Border Act, the Secretary shall refer 8 or place aliens described in subsection (a) in pro9 ceedings under section 240 based upon operational 10 considerations regarding the capacity of the Sec11 retary to process aliens under section 235 or section 12 235B, as applicable. 13 ‘‘(3) POST-CERTIFICATION REFERRALS AND 14 PLACEMENTS.—After the Comptroller General 15 makes the certification referred to in paragraph (2), 16 the Secretary may only refer aliens described in sub17 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 under 20 subsection (b)(3).’’. 21 (2) CLERICAL AMENDMENT.—The table of con22 tents of the Immigration and Nationality Act (8 23 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.) 190 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (b) MODIFICATION OF AUTHORITY TO ARREST, DE2 TAIN, AND RELEASE ALIENS.— 3 (1) IN GENERAL.—Section 236(a)(2) of the Im4 migration and Nationality Act (8 U.S.C. 1226(a)(2)) 5 is amended— 6 (A) in the matter preceding subparagraph 7 (A), by striking ‘‘on’’; 8 (B) in subparagraph (A), by inserting 9 ‘‘on’’ before ‘‘bond’’; and 10 (C) by amending subparagraph (B) to read 11 as follows: 12 ‘‘(B)(i) in the case of an alien encountered 13 in the interior, on conditional parole; or 14 ‘‘(ii) in the case of an alien encountered at 15 the border— 16 ‘‘(I) pursuant to the procedures under 17 235B; or 18 ‘‘(II) on the alien’s own recognizance 19 with placement into removal proceedings 20 under 240; and’’. 21 (2) EFFECTIVE DATE.—The amendments made 22 by paragraph (1) shall take effect immediately after 23 the Comptroller General of the United States cer24 tifies, in accordance with subsection (d), that sec25 tions 235B and 240D of the Immigration and NaFebruary 4, 2024 (6:13 p.m.) 191 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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 Immigra5 tion and Nationality Act (8 U.S.C. 1226) is amend6 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 General 10 makes the certification described in section 3146(d) 11 of the Border Act, and every 180 days thereafter, 12 the Secretary of Homeland Security shall publish, on 13 a publicly accessible internet website in a 14 downloadable and searchable format, a report that 15 describes each use of the authority of the Secretary 16 under subsection (a)(2)(B)(ii)(II). 17 ‘‘(2) ELEMENTS.—Each report required by 18 paragraph (1) shall include, for the applicable 180- 19 day reporting period— 20 ‘‘(A) the number of aliens released pursu21 ant to the authority of the Secretary of Home22 land Security under subsection (a)(2)(B)(ii)(II); 23 ‘‘(B) with respect to each such release— 24 ‘‘(i) the rationale; February 4, 2024 (6:13 p.m.) 192 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(ii) the Border Patrol sector in 2 which the release occurred; and 3 ‘‘(iii) the number of days between the 4 scheduled date of the protection determina5 tion and the date of release from physical 6 custody. 7 ‘‘(3) PRIVACY PROTECTION.—Each report pub8 lished under paragraph (1)— 9 ‘‘(A) shall comply with all applicable Fed10 eral privacy laws; and 11 ‘‘(B) shall not disclose any information 12 contained in, or pertaining to, a protection de13 termination.’’. 14 (2) EFFECTIVE DATE.—The amendment made 15 by paragraph (1) shall take effect immediately after 16 the Comptroller General of the United States cer17 tifies, in accordance with subsection (d), that sec18 tions 235B and 240D of the Immigration and Na19 tionality Act, as added by sections 3141 and 3142, 20 are fully operational. 21 (d) CERTIFICATION PROCESS.— 22 (1) DEFINITIONS.—In this subsection: 23 (A) FULLY OPERATIONAL.—The term 24 ‘‘fully operational’’ means the Secretary has the 25 necessary resources, capabilities, and personnel February 4, 2024 (6:13 p.m.) 193 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 to process all arriving aliens referred to in sec2 tions 235B and 240D of the Immigration and 3 Nationality Act, as added by sections 3141 and 4 3142, within the timeframes required by such 5 sections. 6 (B) REQUIRED PARTIES.—The term ‘‘re7 quired parties’’ means— 8 (i) the President; 9 (ii) the Secretary; 10 (iii) the Attorney General; 11 (iv) the Director of the Office of Man12 agement and Budget; 13 (v) the Committee on Homeland Secu14 rity and Governmental Affairs of the Sen15 ate; 16 (vi) the Committee on the Judiciary of 17 the Senate; 18 (vii) the Committee on Appropriations 19 of the Senate; 20 (viii) the Committee on Homeland Se21 curity of the House of Representatives; 22 (ix) the Committee on the Judiciary 23 of the House of Representatives; and 24 (x) the Committee on Appropriations 25 of the House of Representatives. February 4, 2024 (6:13 p.m.) 194 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (2) REVIEW.— 2 (A) IN GENERAL.—Not later than 180 3 days after the date of the enactment of this 4 Act, the Comptroller General of the United 5 States shall review the implementation of sec6 tions 235B and 240D of the Immigration and 7 Nationality Act, as added by sections 3141 and 8 3142, to determine whether such sections are 9 fully operational. 10 (B) REVIEW ELEMENTS.—In completing 11 the review required under subparagraph (A), 12 the Comptroller General shall assess, in com13 parison to the available resources, capabilities, 14 and personnel on the date of the enactment of 15 this Act, whether there are sufficient— 16 (i) properly trained personnel, includ17 ing support personnel; 18 (ii) real property assets and other re19 quired capabilities; 20 (iii) information technology infrastruc21 ture; 22 (iv) field manuals and guidance, regu23 lations, and policies; 24 (v) other investments that the Comp25 troller General considers necessary; and February 4, 2024 (6:13 p.m.) 195 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (vi) asylum officers to effectively proc2 ess all aliens who are considered amenable 3 for processing under section 235(b), sec4 tion 235B, section 240, and section 240D 5 of the Immigration and Nationality Act. 6 (3) CERTIFICATION OF FULL IMPLEMENTA7 TION.—If the Comptroller General determines, after 8 completing the review required under paragraph (2), 9 that sections 235B and 240D of the Immigration 10 and Nationality Act are fully operational, the Comp11 troller General shall immediately submit to the re12 quired parties a certification of such determination. 13 (4) NONCERTIFICATION AND SUBSEQUENT RE14 VIEWS.—If the Comptroller General determines, 15 after completing the review required under para16 graph (2), that such sections 235B and 240D are 17 not fully operational, the Comptroller General 18 shall— 19 (A) notify the required parties of such de20 termination, including the reasons for such de21 termination; 22 (B) conduct a subsequent review in accord23 ance with paragraph (2)(A) not later than 180 24 days after each previous review that concluded February 4, 2024 (6:13 p.m.) 196 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 that such sections 235B and 240D were not 2 fully operational; and 3 (C) conduct a subsequent review not later 4 than 90 days after each time Congress appro5 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 de9 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 re13 jects a certification of the of the Comptroller 14 General pursuant to paragraph (A), the Sec15 retary shall immediately— 16 (i) notify the President, the Comp17 troller General, and the congressional com18 mittees listed in paragraph (1) of such re19 jection; and 20 (ii) provide such entities with a ra21 tionale for such rejection. 22 (B) SUBSEQUENT REVIEWS.—If the Comp23 troller General receives a notification of rejec24 tion from the Secretary pursuant to subpara25 graph (A), the Comptroller General shall conFebruary 4, 2024 (6:13 p.m.) 197 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 duct a subsequent review in accordance with 2 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 estab9 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. Citizenship 17 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— 21 ‘‘(1) possess the necessary experience adjudi22 cating asylum claims; and 23 ‘‘(2) are from diverse geographic regions. 24 ‘‘(c) DUTIES OF ASYLUM OFFICERS.—In conducting 25 a review under section 240D(e) of the Immigration and February 4, 2024 (6:13 p.m.) 198 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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 deter5 mination (as defined in section 101(a) of the Immi6 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 ‘‘(3) a transcript of the alien’s protection merits 12 interview; 13 ‘‘(4) the final record of the alien’s protection 14 merits interview; 15 ‘‘(5) a sworn statement from the alien identi16 fying new evidence or alleged error and any accom17 panying information the alien or the alien’s legal 18 representative considers important; and 19 ‘‘(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.) 199 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(e) EXCLUSIVE JURISDICTION.—The Protection Ap2 pellate Board shall have exclusive jurisdiction to review 3 appeals of negative protections merits determinations. 4 ‘‘(f) PROTECTIONS FOR DECISIONS BASED ON MER5 ITS OF CASE.—The Director of U.S. Citizenship and Im6 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 after 11 the date of the enactment of this section, and annu12 ally thereafter, the Secretary— 13 ‘‘(A) shall submit a report to the appro14 priate committees of the Congress that in15 cludes, for the preceding year— 16 ‘‘(i) the number of petitions for review 17 submitted by aliens under section 240D(e) 18 of 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 re22 lief or protection; 23 ‘‘(iii) the number of appeals consid24 ered by the Protection Appellate Board February 4, 2024 (6:13 p.m.) 200 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 under such section that resulted in a denial 2 of relief or protection; 3 ‘‘(iv) the geographic regions in which 4 the members of the Protection Appellate 5 Board held their primary duty station; 6 ‘‘(v) the tenure of service of the mem7 bers of the Protection Appellate Board; 8 ‘‘(vi) a description of any anomalous 9 case outcome identified by the Secretary 10 and the resolution of any such case out11 come; 12 ‘‘(vii) the number of unanimous deci13 sions by the Protection Appellate Board; 14 ‘‘(viii) an identification of the number 15 of cases the Protection Appellate Board 16 was unable to complete in the timelines 17 specified under section 240D(e) of the Im18 migration and Nationality Act; and 19 ‘‘(ix) a description of any steps taken 20 to remediate any backlog identified under 21 clause (viii), as applicable; and 22 ‘‘(B) in submitting each such report, shall 23 protect all personally identifiable information of 24 Federal employees and aliens who are subject to 25 the reporting under this subsection. February 4, 2024 (6:13 p.m.) 201 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(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 of 7 the Senate; 8 ‘‘(C) the Committee on Homeland Security 9 and 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; and 14 ‘‘(F) the Committee on Homeland Security 15 of 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.’’. 20 TITLE II—ASYLUM PROCESSING 21 ENHANCEMENTS 22 SEC. 3201. COMBINED SCREENINGS. 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.) 202 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(53) The term ‘protection determination’ means— 2 ‘‘(A) a screening conducted pursuant to section 3 235(b)(1)(B)(v); or 4 ‘‘(B) a screening to determine whether an alien 5 is eligible for— 6 ‘‘(i) withholding of removal under section 7 241(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 under 17 paragraph (42), in accordance with the terms and 18 conditions under section 208; 19 ‘‘(B) is eligible for withholding of removal 20 under section 241(b)(3); or 21 ‘‘(C) is eligible for protection under the Conven22 tion against Torture and Other Cruel, Inhuman or 23 Degrading Treatment or Punishment, done at New 24 York December 10, 1984, which includes the regulaFebruary 4, 2024 (6:13 p.m.) 203 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 tions implementing any law enacted pursuant to Ar2 ticle 3 of such convention.’’. 3 SEC. 3202. CREDIBLE FEAR STANDARD AND ASYLUM BARS 4 AT SCREENING INTERVIEW. 5 Section 235(b)(1)(B) of the Immigration and Nation6 ality Act (8 U.S.C. 1225(b)(1)(B)) is amended— 7 (1) in clause (v), by striking ‘‘significant possi8 bility’’ and inserting ‘‘reasonable possibility’’; and 9 (2) by adding at the end, the following: 10 ‘‘(vi) ASYLUM EXCEPTIONS.—An asy11 lum officer, during the credible fear screen12 ing of an alien— 13 ‘‘(I) shall determine whether any 14 of the asylum exceptions under section 15 208(b)(2) disqualify the alien from re16 ceiving asylum; and 17 ‘‘(II) may determine that the 18 alien does not meet the definition of 19 credible fear of persecution under 20 clause (v) if any such exceptions 21 apply, including whether any such ex22 emptions to such disqualifying excep23 tions may apply.’’. February 4, 2024 (6:13 p.m.) 204 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 SEC. 3203. INTERNAL RELOCATION. 2 (a) IN GENERAL.—Section 208(b)(2)(A) of the Im3 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 the 7 end and inserting ‘‘; or’’; and 8 (3) by adding at the end the following: 9 ‘‘(vii) there are reasonable grounds for 10 concluding that the alien could avoid perse11 cution by relocating to— 12 ‘‘(I) another location in the 13 alien’s country of nationality; or 14 ‘‘(II) in the case of an alien hav15 ing no nationality, another location in 16 the alien’s country of last habitual 17 residence.’’. 18 (b) INAPPLICABILITY.—Section 244(c)(2)(B)(ii) of 19 the Immigration and Nationality 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 Nation24 ality Act (8 U.S.C. 1225(b)(1)(E)) is amended— February 4, 2024 (6:13 p.m.) 205 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (1) in clause (i), by striking ‘‘comparable to’’ 2 and all that follows and inserting ‘‘, including non3 adversarial techniques;’’; 4 (2) in clause (ii), by striking the period at the 5 end and inserting ‘‘; and’’; and 6 (3) by adding at the end the following: 7 ‘‘(iii)(I) is an employee of U.S. Citi8 zenship and Immigration Services; and 9 ‘‘(II) is not a law enforcement offi10 cer.’’. 11 TITLE III—SECURING AMERICA 12 Subtitle A—Border Emergency 13 Authority 14 SEC. 3301. BORDER EMERGENCY AUTHORITY. 15 (a) IN GENERAL.—Chapter 4 of title II of the Immi16 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 ex22 traordinary migration circumstances, there shall be 23 available to the Secretary, notwithstanding any other 24 provision of law, a border emergency authority. February 4, 2024 (6:13 p.m.) 206 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(2) EXCEPTIONS.—The border emergency au2 thority shall not be activated with respect to any of 3 the following: 4 ‘‘(A) A citizen or national of the United 5 States. 6 ‘‘(B) An alien who is lawfully admitted for 7 permanent residence. 8 ‘‘(C) An unaccompanied alien child. 9 ‘‘(D) An alien who an immigration officer 10 determines, with the approval of a supervisory 11 immigration officer, should be excepted from 12 the border emergency authority based on the to13 tality of the circumstances, including consider14 ation of significant law enforcement, officer and 15 public safety, humanitarian, and public health 16 interests, or an alien who an immigration offi17 cer determines, in consultation with U.S. Immi18 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 a 22 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. 25 7102)). February 4, 2024 (6:13 p.m.) 207 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(F) An alien who has a valid visa or other 2 lawful permission to enter the United States, 3 including— 4 ‘‘(i) a member of the Armed Forces of 5 the United States and associated per6 sonnel, United States Government employ7 ees or contractors on orders abroad, or 8 United States Government employees or 9 contractors, and an accompanying family 10 member who is on orders or is a member 11 of the alien’s household, subject to re12 quired 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 pro16 gram country under section 217 who is not 17 otherwise subject to travel restrictions and 18 who arrives at a port of entry; or 19 ‘‘(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 are 25 not subject to an exception under paragraph (2), February 4, 2024 (6:13 p.m.) 208 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 and who are, after the authority is activated, within 2 100 miles of the United States southwest land bor3 der and within the 14-day period after entry. 4 ‘‘(b) BORDER EMERGENCY AUTHORITY DE5 SCRIBED.— 6 ‘‘(1) IN GENERAL.—Whenever the border emer7 gency authority is activated, the Secretary shall have 8 the authority, in the Secretary’s sole and 9 unreviewable discretion, to summarily remove from 10 and prohibit, in whole or in part, entry into the 11 United States of any alien identified in subsection 12 (a)(3) who is subject to such authority in accordance 13 with this subsection. 14 ‘‘(2) TERMS AND CONDITIONS.— 15 ‘‘(A) SUMMARY REMOVAL.—Notwith16 standing any other provision of this Act, subject 17 to subparagraph (B), the Secretary shall issue 18 a summary removal order and summarily re19 move an alien to the country of which the alien 20 is a subject, national, or citizen (or, in the case 21 of an alien having no nationality, the country of 22 the alien’s last habitual residence), or in accord23 ance with the processes established under sec24 tion 241, unless the summary removal of the February 4, 2024 (6:13 p.m.) 209 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 alien to such country would be prejudicial to 2 the interests of the United States. 3 ‘‘(B) WITHHOLDING AND CONVENTION 4 AGAINST TORTURE INTERVIEWS.— 5 ‘‘(i) IN GENERAL.—In the case of an 6 alien subject to the border emergency au7 thority who manifests a fear of persecution 8 or torture with respect to a proposed coun9 try of summary removal, an asylum officer 10 (as defined in section 235(b)(1)(E)) shall 11 conduct an interview, during which the 12 asylum officer shall determine that, if such 13 alien demonstrates during the interview 14 that the alien has a reasonable possibility 15 of persecution or torture, such alien shall 16 be referred to or placed in proceedings 17 under section 240 or 240D, as appro18 priate. 19 ‘‘(ii) SOLE MECHANISM TO REQUEST 20 PROTECTION.—An interview under this 21 subparagraph conducted by an asylum offi22 cer shall be the sole mechanism by which 23 an alien described in clause (i) may make 24 a claim for protection under— 25 ‘‘(I) section 241(b)(3); and February 4, 2024 (6:13 p.m.) 210 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(II) the Convention Against 2 Torture. 3 ‘‘(iii) ALIEN REFERRED FOR ADDI4 TIONAL PROCEEDINGS.—In the case of an 5 alien interviewed under clause (i) who dem6 onstrates that the alien is eligible to apply 7 for protection under section 241(b)(3) or 8 the Convention Against Torture, the 9 alien— 10 ‘‘(I) shall not be summarily re11 moved; and 12 ‘‘(II) shall instead be processed 13 under section 240 or 240D, as appro14 priate. 15 ‘‘(iv) ADDITIONAL REVIEW.— 16 ‘‘(I) OPPORTUNITY FOR SEC17 ONDARY REVIEW.—A supervisory asy18 lum officer shall review any case in 19 which the asylum officer who inter20 viewed the alien under the procedures 21 in clause (iii) finds that the alien is 22 not eligible for protection under sec23 tion 241(b)(3) or the Convention 24 Against Torture. February 4, 2024 (6:13 p.m.) 211 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(II) VACATUR.—If, in con2 ducting such a secondary review, the 3 supervisory 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; and 9 ‘‘(bb) the alien shall instead 10 be processed under section 240 11 or 240D. 12 ‘‘(III) SUMMARY REMOVAL.—If 13 an alien does not seek such a sec14 ondary review, or if the supervisory 15 asylum officer finds that such alien is 16 not eligible for such protection, the 17 supervisory asylum officer shall order 18 the alien summarily removed without 19 further review. 20 ‘‘(3) ACTIVATIONS OF AUTHORITY.— 21 ‘‘(A) DISCRETIONARY ACTIVATION.—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.) 212 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(B) MANDATORY ACTIVATION.—The Sec2 retary shall activate the border emergency au3 thority if— 4 ‘‘(i) during a period of 7 consecutive 5 calendar days, there is an average of 5,000 6 or more aliens who are encountered each 7 day; or 8 ‘‘(ii) on any 1 calendar day, a com9 bined total of 8,500 or more aliens are en10 countered. 11 ‘‘(C) CALCULATION OF ACTIVATION.— 12 ‘‘(i) IN GENERAL.—For purposes of 13 subparagraphs (A) and (B), the average 14 for the applicable 7-day period shall be cal15 culated using— 16 ‘‘(I) the sum of— 17 ‘‘(aa) the number of encoun18 ters that occur between the 19 southwest land border ports of 20 entry of the United States; 21 ‘‘(bb) the number of encoun22 ters that occur between the ports 23 of entry along the southern 24 coastal borders; and February 4, 2024 (6:13 p.m.) 213 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(cc) the number of inad2 missible aliens encountered at a 3 southwest land border port of 4 entry as described in subsection 5 (a)(2)(F)(iv); divided by 6 ‘‘(II) 7. 7 ‘‘(ii) LIMITATION.—Aliens described 8 in subsection (a)(2)(C) from noncontiguous 9 countries shall not be included in calcu10 lating the sum of aliens encountered. 11 ‘‘(4) LIMITATIONS.— 12 ‘‘(A) IN GENERAL.—For purposes of para13 graph (3), the Secretary shall not activate the 14 border emergency authority— 15 ‘‘(i) during the first calendar year 16 after the effective date, for more than 270 17 calendar days; 18 ‘‘(ii) during the second calendar year 19 after the effective date, for more than 225 20 days; and 21 ‘‘(iii) during the third calendar year, 22 for more than 180 calendar days. 23 ‘‘(B) IMPLEMENTATION.—When the au24 thority is activated, the Secretary shall impleFebruary 4, 2024 (6:13 p.m.) 214 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ment the authority within 24 hours of such ac2 tivation. 3 ‘‘(5) SUSPENSIONS OF AUTHORITY.—The Sec4 retary shall suspend activation of the border emer5 gency authority, and the procedures under sub6 sections (a), (b), (c), and (d), not later than 14 cal7 endar days after the date on which the following oc8 curs, as applicable: 9 ‘‘(A) In the case of an activation under 10 subparagraph (A) of paragraph (3), there is 11 during a period of 7 consecutive calendar days 12 an average of less than 75 percent of the en13 counter level used for activation. 14 ‘‘(B) In the case of an activation under 15 clause (i) or (ii) of paragraph (3)(B), there is 16 during a period of 7 consecutive calendar days 17 an average of less than 75 percent of the en18 counter level described in such clause (i). 19 ‘‘(6) WAIVERS OF ACTIVATION OF AUTHOR20 ITY.— 21 ‘‘(A) FIRST CALENDAR YEAR.—Notwith22 standing paragraph (3), beginning the first cal23 endar year after the effective date, the Sec24 retary shall only have the authority to activate 25 the border emergency authority for 270 calFebruary 4, 2024 (6:13 p.m.) 215 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 endar days during the calendar year, provided 2 that— 3 ‘‘(i) for the first 90 calendar days in 4 which any of the requirements of para5 graph (3) have been satisfied, the Sec6 retary shall be required to activate such 7 authority; 8 ‘‘(ii) for the remaining 180 days that 9 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 acti13 vate the requirements of the border emer14 gency authority under paragraph (3)(B) 15 until the number of days that the authority 16 has not been activated is equal to the num17 ber of days left in the calendar year; and 18 ‘‘(iii) when the number of calendar 19 days remaining in the calendar year is 20 equal to the number of days that the au21 thority has not been activated, the Sec22 retary shall be required to activate the bor23 der emergency authority for the remainder 24 of the calendar year on days during which February 4, 2024 (6:13 p.m.) 216 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 the requirements of paragraph (3)(B) have 2 been satisfied. 3 ‘‘(B) SECOND CALENDAR YEAR.—Notwith4 standing paragraph (3), beginning the second 5 calendar year after the effective date, the Sec6 retary shall only have the authority to activate 7 the border emergency authority for 225 cal8 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 12 paragraph (3) have been satisfied, the Sec13 retary shall be required to activate the au14 thority; 15 ‘‘(ii) for the remaining 150 days that 16 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 acti20 vate the requirements of the border emer21 gency authority under paragraph (3)(B) 22 until the number of days that the authority 23 has not been activated is equal to the num24 ber of days left in the calendar year; and February 4, 2024 (6:13 p.m.) 217 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(iii) when the number of calendar 2 days remaining in the calendar year is 3 equal to the number of days that the au4 thority has not been activated, the Sec5 retary shall be required to activate the bor6 der emergency authority for the remainder 7 of the calendar year on days during which 8 the requirements of paragraph (3)(B) have 9 been satisfied. 10 ‘‘(C) THIRD CALENDAR YEAR.—Notwith11 standing paragraph (3), beginning the third cal12 endar year after the effective date, the Sec13 retary shall only have the authority to activate 14 the border emergency authority for 180 cal15 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 19 paragraph (3) have been satisfied, the Sec20 retary shall be required to activate the au21 thority; 22 ‘‘(ii) for the remaining 120 days that 23 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.) 218 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 the Secretary, determine whether to acti2 vate the requirements of the border emer3 gency authority under paragraph (3)(B) 4 until the number of days that the authority 5 has not been activated is equal to the num6 ber of days left in the calendar year; and 7 ‘‘(iii) when the number of calendar 8 days remaining in the calendar year is 9 equal to the number of days that the au10 thority has not been activated, the Sec11 retary shall be required to activate the bor12 der emergency authority for the remainder 13 of the calendar year on days during which 14 the requirements of paragraph (3)(B) have 15 been satisfied. 16 ‘‘(7) EMERGENCY SUSPENSION OF AUTHOR17 ITY.— 18 ‘‘(A) IN GENERAL.—If the President finds 19 that it is in the national interest to temporarily 20 suspend the border emergency authority, the 21 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 direc25 tion from the President under subparagraph February 4, 2024 (6:13 p.m.) 219 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (A), the Secretary shall suspend the border 2 emergency authority for not more than 45 cal3 endar days within a calendar year, notwith4 standing any limitations on the use of the au5 thority described in this subsection. 6 ‘‘(c) CONTINUED ACCESS TO SOUTHWEST LAND 7 BORDER PORTS OF ENTRY.— 8 ‘‘(1) IN GENERAL.—During any activation of 9 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 13 each 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 CHILDREN 18 EXCEPTION.—For the purpose of calculating 19 the number under paragraph (1), the Secretary 20 shall count all unaccompanied alien children, 21 who are nationals of contiguous countries, proc22 essed at southwest land border ports of entry, 23 but shall not count such children who are na24 tionals of noncontiguous countries. February 4, 2024 (6:13 p.m.) 220 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(B) TRANSITION RULES.—The provisions 2 of 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) UNACCOMPANIED ALIEN CHILDREN.— 10 Nothing in this section may be construed to interfere 11 with 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 15 rights or responsibilities established through a settle16 ment agreement in effect before the date of the en17 actment of this section. 18 ‘‘(3) RULE OF CONSTRUCTION.—For purposes 19 of the Convention Relating to the Status of Refu20 gees, done at Geneva July 28, 1952 (as made appli21 cable by the 1967 Protocol Relating to the Status of 22 Refugees, done at New York January 31, 1967 (19 23 UST 6223)), the Convention Against Torture, and 24 any other applicable treaty, as applied to this secFebruary 4, 2024 (6:13 p.m.) 221 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 tion, the interview under this section shall occur only 2 in the context of the border emergency authority. 3 ‘‘(f) JUDICIAL REVIEW.—Judicial review of any deci4 sion or action applying the border emergency authority 5 shall be governed only by this subsection as follows: 6 ‘‘(1) Notwithstanding any other provision of 7 law, except as provided in paragraph (2), no court 8 or judge shall have jurisdiction to review any cause 9 or claim by an individual alien arising from the deci10 sion to enter a summary removal order against such 11 alien under this section, or removing such alien pur12 suant to such summary removal order. 13 ‘‘(2) The United States District Court for the 14 District of Columbia shall have sole and original ju15 risdiction to hear challenges, whether constitutional 16 or otherwise, to the validity of this section or any 17 written policy directive, written policy guideline, 18 written procedure, or the implementation thereof, 19 issued by or under the authority of the Secretary to 20 implement this section. 21 ‘‘(g) EFFECTIVE DATE.— 22 ‘‘(1) IN GENERAL.—This section shall take ef23 fect on the day after the date of the enactment of 24 this section. February 4, 2024 (6:13 p.m.) 222 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(2) 7-DAY PERIOD.—The initial activation of 2 the authority under subparagraph (A) or (B)(i) of 3 subsection (b)(3) shall take into account the average 4 number of encounters during the preceding 7 con5 secutive calendar days, as described in such subpara6 graphs, which may include the 6 consecutive cal7 endar days immediately preceding the date of the 8 enactment of this section. 9 ‘‘(h) RULEMAKING.— 10 ‘‘(1) IN GENERAL.—The Secretary may promul11 gate such regulations as are necessary to implement 12 this section in compliance with the requirements of 13 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 enact16 ment of this section, the Secretary may issue any in17 terim final rules necessary to implement this section 18 without having to satisfy the requirements of section 19 553(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 promul24 gated to implement this section beginning on the 25 date that is 180 days after the date of the enactFebruary 4, 2024 (6:13 p.m.) 223 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ment of this section shall be issued pursuant to the 2 requirements 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 au7 thorities and procedures under this section. 8 ‘‘(2) CONVENTION AGAINST TORTURE.—The 9 term ‘Convention Against Torture’ means the Con10 vention against Torture and Other Cruel, Inhuman 11 or Degrading Treatment or Punishment, done at 12 New York December 10, 1984, and includes the reg13 ulations implementing any law enacted pursuant to 14 Article 3 of the Convention against Torture and 15 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 the term ‘encounter’ means an alien who— 19 ‘‘(A) is physically apprehended by U.S. 20 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; or February 4, 2024 (6:13 p.m.) 224 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(ii) at the southern coastal borders 2 during the 14-day period immediately after 3 entry between ports of entry; or 4 ‘‘(B) is seeking admission at a southwest 5 land border port of entry and is determined to 6 be inadmissible, including an alien who utilizes 7 a process approved by the Secretary to allow for 8 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 bor13 ders in California, Texas, Louisiana, Mississippi, 14 Alabama, and Florida. 15 ‘‘(6) UNACCOMPANIED ALIEN CHILD.—The 16 term ‘unaccompanied alien child’ has the meaning 17 given such term in section 462(g)(2) of the Home18 land Security Act of 2002 (6 U.S.C. 279(g)(2)). 19 ‘‘(j) SUNSET.—This section— 20 ‘‘(1) shall take effect on the date of the enact21 ment of this section; and 22 ‘‘(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.) 225 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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 Eradi7 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 12 unprecedented surge in overdose deaths in the 13 United States, fracturing families and communities, 14 and necessitating a comprehensive policy response to 15 combat its lethal flow and to mitigate the drug’s 16 devastating 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, includ21 ing cartels primarily based in Mexico, are the main 22 purveyors of fentanyl into the United States and 23 must be held accountable; 24 (4) precursor chemicals sourced from the Peo25 ple’s Republic of China are— February 4, 2024 (6:13 p.m.) 226 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (A) shipped from the People’s Republic of 2 China by legitimate and illegitimate means; 3 (B) transformed through various synthetic 4 processes to produce different forms of 5 fentanyl; and 6 (C) crucial to the production of illicit 7 fentanyl by transnational criminal organiza8 tions, contributing to the ongoing opioid crisis; 9 (5) the United States Government must remain 10 vigilant to address all new forms of fentanyl precur11 sors and drugs used in combination with fentanyl, 12 such as Xylazine, which attribute to overdose deaths 13 of people in the United States; 14 (6) to increase the cost of fentanyl trafficking, 15 the United States Government should work collabo16 ratively across agencies and should surge analytic 17 capability to impose sanctions and other remedies 18 with respect to transnational criminal organizations 19 (including cartels), including foreign nationals who 20 facilitate the trade in illicit fentanyl and its precur21 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 De25 partment. February 4, 2024 (6:13 p.m.) 227 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 SEC. 3313. DEFINITIONS. 2 In this subtitle: 3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional com5 mittees’’ means— 6 (A) the Committee on Banking, Housing, 7 and Urban Affairs of the Senate; 8 (B) the Committee on Foreign Relations of 9 the Senate; 10 (C) the Committee on Financial Services of 11 the House of Representatives; and 12 (D) the Committee on Foreign Affairs of 13 the House of Representatives. 14 (2) FOREIGN PERSON.—The term ‘‘foreign per15 son’’— 16 (A) means— 17 (i) any citizen or national of a foreign 18 country; or 19 (ii) any entity not organized under the 20 laws of the United States or a jurisdiction 21 within the United States; and 22 (B) does not include the government of a 23 foreign country. 24 (3) KNOWINGLY.—The term ‘‘knowingly’’, with 25 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.) 228 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 have known, of the conduct, the circumstance, or the 2 result. 3 (4) TRAFFICKING.—The term ‘‘trafficking’’, 4 with respect to fentanyl, fentanyl precursors, or 5 other related opioids, has the meaning given the 6 term ‘‘opioid trafficking’’ in section 7203(8) of the 7 Fentanyl Sanctions Act (21 U.S.C. 2302(8)). 8 (5) TRANSNATIONAL CRIMINAL ORGANIZA9 TION.—The term ‘‘transnational criminal organiza10 tion’’ includes— 11 (A) any organization designated as a sig12 nificant 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 Car18 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; or 24 (viii) La Familia Michoacana; or February 4, 2024 (6:13 p.m.) 229 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (C) any successor organization to an orga2 nization described in subparagraph (B) or as 3 otherwise determined by the President. 4 (6) UNITED STATES PERSON.—The term 5 ‘‘United States person’’ means— 6 (A) a United States citizen or an alien law7 fully admitted for permanent residence to the 8 United 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 12 such 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.) 230 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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 REPORTING. 7 (a) IN GENERAL.—The President may exercise all 8 authorities provided under sections 203 and 205 of the 9 International Emergency Economic Powers Act (50 10 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 an14 nually thereafter, the President shall submit to the 15 appropriate congressional committees a report on ac16 tions taken by the executive branch pursuant to this 17 subchapter and any national emergency declared 18 with respect to the trafficking of fentanyl and trade 19 in other illicit drugs, including— 20 (A) the issuance of any new or revised reg21 ulations, policies, or guidance; 22 (B) the imposition of sanctions; 23 (C) the collection of relevant information 24 from outside parties; February 4, 2024 (6:13 p.m.) 231 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (D) the issuance or closure of general li2 censes, specific licenses, and statements of li3 censing policy by the Office of Foreign Assets 4 Control; 5 (E) a description of any pending enforce6 ment cases; and 7 (F) the implementation of mitigation pro8 cedures. 9 (2) FORM OF REPORT.—Each report required 10 under paragraph (1) shall be submitted in unclassi11 fied form, but may include the matters required 12 under subparagraphs (C), (D), (E), and (F) of such 13 paragraph in a classified annex. 14 SEC. 3316. IMPOSITION OF SANCTIONS WITH RESPECT TO 15 FENTANYL TRAFFICKING BY 16 TRANSNATIONAL CRIMINAL ORGANIZATIONS. 17 (a) IN GENERAL.—The President shall impose the 18 sanctions described in subsection (b) with respect to any 19 foreign person the President determines— 20 (1) is knowingly involved in the significant traf21 ficking of fentanyl, fentanyl precursors, or other re22 lated opioids, including such trafficking by a 23 transnational criminal organization; or 24 (2) otherwise is knowingly involved in signifi25 cant activities of a transnational criminal organizaFebruary 4, 2024 (6:13 p.m.) 232 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 tion relating to the trafficking of fentanyl, fentanyl 2 precursors, or other related opioids. 3 (b) SANCTIONS DESCRIBED.—The President, pursu4 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 and 8 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 (50 24 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.) 233 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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. 6 (c) EXCEPTIONS.— 7 (1) EXCEPTION FOR INTELLIGENCE ACTIVI8 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 intel12 ligence activities of the United States. 13 (2) EXCEPTION FOR COMPLIANCE WITH INTER14 NATIONAL OBLIGATIONS AND LAW ENFORCEMENT 15 ACTIVITIES.—Sanctions under this subchapter shall 16 not apply with respect to an alien if admitting or pa17 roling the alien into the United States is nec18 essary— 19 (A) to permit the United States to comply 20 with the Agreement regarding the Head21 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 appliFebruary 4, 2024 (6:13 p.m.) 234 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 cable international obligations of the United 2 States; or 3 (B) to carry out or assist law enforcement 4 activity of the United States. 5 (3) HUMANITARIAN EXEMPTION.—The Presi6 dent may not impose sanctions under this sub7 chapter with respect to any person for conducting or 8 facilitating 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 FOR14 FEITURE FUNDS.— 15 (1) IN GENERAL.—Any covered forfeited prop16 erty shall be deposited into the Department of the 17 Treasury Forfeiture Fund established under section 18 9705 of title 31, United States Code, or the Depart19 ment of Justice Assets Forfeiture Fund established 20 under section 524(c) of title 28, United States Code. 21 (2) REPORT REQUIRED.—Not later than 180 22 days after the date of the enactment of this Act, and 23 every 180 days thereafter, the President shall sub24 mit to the appropriate congressional committees a 25 report on any deposits made under paragraph (1) February 4, 2024 (6:13 p.m.) 235 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 during the 180-day period preceding submission of 2 the report. 3 (3) COVERED FORFEITED PROPERTY DE4 FINED.—In this subsection, the term ‘‘covered for5 feited property’’ means property— 6 (A) forfeited to the United States under 7 chapter 46 or section 1963 of title 18, United 8 States Code; and 9 (B) that belonged to or was possessed by 10 an individual affiliated with or connected to a 11 transnational criminal organization subject to 12 sanctions under— 13 (i) this subchapter; 14 (ii) the Fentanyl Sanctions Act (21 15 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 in 19 the global illicit drug trade). 20 (b) BLOCKED ASSETS UNDER TERRORISM RISK IN21 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.) 236 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 Subchapter B—Other Matters 2 SEC. 3319. TEN-YEAR STATUTE OF LIMITATIONS FOR VIOLA3 TIONS OF SANCTIONS. 4 (a) INTERNATIONAL EMERGENCY ECONOMIC POW5 ERS 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 un14 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 of 18 this paragraph, the commencement of an ac19 tion, suit, or proceeding includes the issuance of 20 a pre-penalty notice or finding of violation. 21 ‘‘(2) TIME FOR INDICTMENT.—No person shall 22 be prosecuted, tried, or punished for any offense 23 under subsection (c) unless the indictment is found 24 or the information is instituted within 10 years after February 4, 2024 (6:13 p.m.) 237 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 the latest date of the violation upon which the in2 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 un12 less 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 ac17 tion, suit, or proceeding includes the issuance of 18 a pre-penalty notice or finding of violation. 19 ‘‘(2) TIME FOR INDICTMENT.—No person shall 20 be prosecuted, tried, or punished for any offense 21 under subsection (a) unless the indictment is found 22 or the information is instituted within 10 years after 23 the latest date of the violation upon which the in24 dictment or information is based.’’. February 4, 2024 (6:13 p.m.) 238 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 SEC. 3320. CLASSIFIED REPORT AND BRIEFING ON STAFF2 ING OF OFFICE OF FOREIGN ASSETS CON3 TROL. 4 Not later than 180 days after the date of the enact5 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 enact15 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.) 239 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 SEC. 3322. REPORT ON ACTIONS OF PEOPLE’S REPUBLIC OF 2 CHINA WITH RESPECT TO PERSONS IN3 VOLVED IN FENTANYL SUPPLY CHAIN. 4 Not later than 180 days after the date of the enact5 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 TRANS17 ACTIONS OF SANCTIONED PERSONS AS OF 18 PRIMARY MONEY LAUNDERING CONCERN. 19 (a) IN GENERAL.—Subtitle A of the Fentanyl Sanc20 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 SANC23 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.) 240 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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 and 10 domestic financial agencies to take 1 or more of the 11 special measures provided for in section 9714(a)(1) 12 of the National Defense Authorization Act for Fiscal 13 Year 2021 (Public Law 116–283; 31 U.S.C. 5318A 14 note); or 15 ‘‘(2) prohibit, or impose conditions upon, cer16 tain transmittals of funds (to be defined by the Sec17 retary) by any domestic financial institution or do18 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 re22 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 imposiFebruary 4, 2024 (6:13 p.m.) 241 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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 exemp9 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 sec18 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.) 242 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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 primary money laundering concern.’’. 10 SEC. 3324. TREATMENT OF TRANSNATIONAL CRIMINAL OR11 GANIZATIONS IN SUSPICIOUS TRANSACTIONS 12 REPORTS OF THE FINANCIAL CRIMES EN13 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) PRIORITIZATION OF REPORTS RELATING TO 23 FENTANYL TRAFFICKING OR TRANSNATIONAL CRIMINAL 24 ORGANIZATIONS.—The Director shall prioritize research February 4, 2024 (6:13 p.m.) 243 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 into reports described in subsection (a) that indicate a 2 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 RE7 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.) 244 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 CHAPTER 3—EXCEPTION RELATING TO 2 IMPORTATION 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 and 7 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 Subtitle C—Fulfilling Promises to 15 Afghan Allies 16 SEC. 3331. DEFINITIONS. 17 In this subtitle: 18 (1) APPROPRIATE COMMITTEES OF CON19 GRESS.—The term ‘‘appropriate committees of Con20 gress’’ means— 21 (A) the Committee on the Judiciary of the 22 Senate; 23 (B) the Committee on Foreign Relations of 24 the Senate; February 4, 2024 (6:13 p.m.) 245 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (C) the Committee on Armed Services of 2 the Senate; 3 (D) the Committee on Appropriations of 4 the Senate; 5 (E) the Committee on Homeland Security 6 and Governmental Affairs of the Senate; 7 (F) the Committee on the Judiciary of the 8 House of Representatives; 9 (G) the Committee on Foreign Affairs of 10 the House of Representatives; 11 (H) the Committee on Armed Services of 12 the House of Representatives; 13 (I) the Committee on Appropriations of the 14 House of Representatives; and 15 (J) the Committee on Homeland Security 16 of the House of Representatives. 17 (2) IMMIGRATION LAWS.—The term ‘‘immigra18 tion laws’’ has the meaning given such term in sec19 tion 101(a)(17) of the Immigration and Nationality 20 Act (8 U.S.C. 1101(a)(17)). 21 (3) SECRETARY.—The term ‘‘Secretary’’ means 22 the Secretary of Homeland Security. 23 (4) SPECIAL IMMIGRANT STATUS.—The term 24 ‘‘special immigrant status’’ means special immigrant 25 status provided under— February 4, 2024 (6:13 p.m.) 246 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (A) the Afghan Allies Protection Act of 2 2009 (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 (8 5 U.S.C. 1101 note; Public Law 109–163); or 6 (C) subparagraph (N) of section 7 101(a)(27) of the Immigration and Nationality 8 Act (8 U.S.C. 1101(a)(27)), as added by sec9 tion 3336(a). 10 (5) SPECIFIED APPLICATION.—The term ‘‘spec11 ified application’’ means— 12 (A) a pending, documentarily complete ap13 plication for special immigrant status; and 14 (B) a case in processing in the United 15 States Refugee Admissions Program for an in16 dividual who has received a Priority 1 or Pri17 ority 2 referral to such program. 18 (6) UNITED STATES REFUGEE ADMISSIONS 19 PROGRAM.—The term ‘‘United States Refugee Ad20 missions Program’’ means the program to resettle 21 refugees in the United States pursuant to the au22 thorities provided in sections 101(a)(42), 207, and 23 412 of the Immigration and Nationality Act (8 24 U.S.C. 1101(a)(42), 1157, and 1522). February 4, 2024 (6:13 p.m.) 247 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 SEC. 3332. SUPPORT FOR AFGHAN ALLIES OUTSIDE THE 2 UNITED STATES. 3 (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 pe11 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, in17 cluding by conducting any required interviews; 18 (2) to issue visas or other travel documents to 19 such nationals, in accordance with the immigration 20 laws; 21 (3) to provide services to such nationals, to the 22 greatest extent practicable, that would normally be 23 provided by an embassy; and 24 (4) to carry out any other function the Sec25 retary of State considers necessary. February 4, 2024 (6:13 p.m.) 248 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 SEC. 3333. CONDITIONAL PERMANENT RESIDENT STATUS 2 FOR ELIGIBLE INDIVIDUALS. 3 (a) DEFINITIONS.—In this section: 4 (1) CONDITIONAL PERMANENT RESIDENT STA5 TUS.—The term ‘‘conditional permanent resident 6 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 to 9 the provisions of this section. 10 (2) ELIGIBLE INDIVIDUAL.—The term ‘‘eligible 11 individual’’ means an alien who— 12 (A) is present in the United States; 13 (B) is a citizen or national of Afghanistan 14 or, in the case of an alien having no nationality, 15 is a person who last habitually resided in Af16 ghanistan; 17 (C) has not been granted permanent resi18 dent status; 19 (D)(i) was inspected and admitted to the 20 United States on or before the date of the en21 actment of this Act; or 22 (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 this 25 Act, provided that such parole has not been terFebruary 4, 2024 (6:13 p.m.) 249 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 minated by the Secretary upon written notice; 2 and 3 (E) is admissible to the United States as 4 an immigrant under the immigration laws, in5 cluding eligibility for waivers of grounds of in6 admissibility to the extent provided by the im7 migration laws and subject to the terms of sub8 section (c) of this section. 9 (b) CONDITIONAL PERMANENT RESIDENT STATUS 10 FOR ELIGIBLE INDIVIDUALS.— 11 (1) ADJUSTMENT OF STATUS TO CONDITIONAL 12 PERMANENT RESIDENT STATUS.—Beginning on the 13 date of the enactment of this Act, the Secretary 14 may— 15 (A) adjust the status of each eligible indi16 vidual to that of an alien lawfully admitted for 17 permanent residence status, subject to the pro18 cedures established by the Secretary to deter19 mine eligibility for conditional permanent resi20 dent status; and 21 (B) create for each eligible individual a 22 record of admission to such status as of the 23 date on which the eligible individual was ini24 tially inspected and admitted or paroled into February 4, 2024 (6:13 p.m.) 250 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 the United States, or July 30, 2021, whichever 2 is later, 3 unless the Secretary determines, on a case-by4 case basis, that such individual is subject to any 5 ground of inadmissibility under section 212 (other 6 than subsection (a)(4)) of the Immigration and Na7 tionality Act (8 U.S.C. 1182) and is not eligible for 8 a waiver of such grounds of inadmissibility as pro9 vided by this subtitle or by the immigration laws. 10 (2) CONDITIONAL BASIS.—An individual who 11 obtains lawful permanent resident status under this 12 section shall be considered, at the time of obtaining 13 the status of an alien lawfully admitted for perma14 nent residence, to have obtained such status on a 15 conditional basis subject to the provisions of this 16 section. 17 (c) CONDITIONAL PERMANENT RESIDENT STATUS 18 DESCRIBED.— 19 (1) ASSESSMENT.— 20 (A) IN GENERAL.—Before granting condi21 tional permanent resident status to an eligible 22 individual under subsection (b)(1), the Sec23 retary shall conduct an assessment with respect 24 to the eligible individual, which shall be equiva25 lent in rigor to the assessment conducted with February 4, 2024 (6:13 p.m.) 251 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 respect to refugees admitted to the United 2 States through the United States Refugee Ad3 missions Program, for the purpose of deter4 mining whether the eligible individual is subject 5 to any ground of inadmissibility under section 6 212 (other than subsection (a)(4)) of the Immi7 gration and Nationality Act (8 U.S.C. 1182). 8 (B) CONSULTATION.—In conducting an as9 sessment under subparagraph (A), the Sec10 retary may consult with the head of any other 11 relevant agency and review the holdings of any 12 such agency. 13 (2) REMOVAL OF CONDITIONS.— 14 (A) IN GENERAL.—Not earlier than the 15 date described in subparagraph (B), the Sec16 retary may remove the conditional basis of the 17 status of an individual granted conditional per18 manent resident status under this section un19 less the Secretary determines, on a case-by-case 20 basis, that such individual is subject to any 21 ground of inadmissibility under paragraph (2) 22 or (3) of section 212(a) of the Immigration and 23 Nationality Act (8 U.S.C. 1182(a)), and is not 24 eligible for a waiver of such grounds of inadmisFebruary 4, 2024 (6:13 p.m.) 252 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 sibility as provided by this subtitle or by the im2 migration laws. 3 (B) DATE DESCRIBED.—The date de4 scribed in this subparagraph is the earlier of— 5 (i) the date that is 4 years after the 6 date on which the individual was admitted 7 or paroled into the United States; or 8 (ii) July 1, 2027. 9 (C) WAIVER.— 10 (i) IN GENERAL.—Except as provided 11 in clause (ii), with respect to an eligible in12 dividual, the Secretary may waive the ap13 plication of the grounds of inadmissibility 14 under 212(a) of the Immigration and Na15 tionality Act (8 U.S.C. 1182(a)) for hu16 manitarian purposes or to ensure family 17 unity. 18 (ii) EXCEPTIONS.—The Secretary may 19 not waive under clause (i) the application 20 of subparagraphs (C) through (E) and (G) 21 through (H) of paragraph (2), or para22 graph (3), of section 212(a) of the Immi23 gration and Nationality Act (8 U.S.C. 24 1182(a)). February 4, 2024 (6:13 p.m.) 253 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (iii) RULE OF CONSTRUCTION.—Noth2 ing in this subparagraph may be construed 3 to expand or limit any other waiver author4 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 condi9 tions as to all individuals granted conditional 10 permanent 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 NATURALIZA14 TION.—An individual in conditional permanent resi15 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 perma20 nent residence; and 21 (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.) 254 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (d) TERMINATION OF CONDITIONAL PERMANENT 2 RESIDENT STATUS.— 3 (1) IN GENERAL.—Conditional permanent resi4 dent status shall terminate on, as applicable— 5 (A) the date on which the Secretary re6 moves the conditions pursuant to subsection 7 (c)(2), on which date the alien shall be lawfully 8 admitted for permanent residence without con9 ditions; 10 (B) the date on which the Secretary deter11 mines that the alien was not an eligible indi12 vidual 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 16 alien lawfully admitted for permanent residence; 17 or 18 (C) the date on which the Secretary deter19 mines pursuant to subsection (c)(2) that the 20 alien is not eligible for removal of conditions, on 21 which date the alien shall no longer be an alien 22 lawfully admitted for permanent residence. 23 (2) NOTIFICATION.—If the Secretary termi24 nates status under this subsection, the Secretary February 4, 2024 (6:13 p.m.) 255 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 shall so notify the individual in writing and state the 2 reasons for the termination. 3 (e) RULE OF CONSTRUCTION.—Nothing in this sec4 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 (8 7 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 conferred 21 conditional permanent resident status under this 22 section, and periodically thereafter, the Office of 23 Refugee Resettlement shall make available opportu24 nities for the individual to participate in a nonadver25 sarial meeting, during which an official of the Office February 4, 2024 (6:13 p.m.) 256 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 of Refugee Resettlement (or an agency funded by 2 the Office) shall— 3 (A) on request by the individual, assist the 4 individual in a referral or application for appli5 cable benefits administered by the Department 6 of Health and Human Services and completing 7 any applicable paperwork; and 8 (B) answer any questions regarding eligi9 bility for other benefits administered by the 10 United States Government. 11 (2) NOTIFICATION OF REQUIREMENTS.—Not 12 later than 7 days before the date on which a meeting 13 under paragraph (1) is scheduled to occur, the Sec14 retary of Health and Human Services shall provide 15 notice to the individual that includes the date of the 16 scheduled meeting and a description of the process 17 for rescheduling the meeting. 18 (3) CONDUCT OF MEETING.—The Secretary of 19 Health and Human Services shall implement prac20 tices to ensure that— 21 (A) meetings under paragraph (1) are con22 ducted in a nonadversarial manner; and 23 (B) interpretation and translation services 24 are provided to individuals granted conditional February 4, 2024 (6:13 p.m.) 257 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 permanent resident status under this section 2 who have limited English proficiency. 3 (4) RULES OF CONSTRUCTION.—Nothing in 4 this 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 the 10 individual’s conditional permanent resident sta11 tus under this section or eligibility to have con12 ditions removed in accordance with this section. 13 (h) CONSIDERATION.—Except with respect to an ap14 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.) 258 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 conduct of assessments) and subsection (g) (relating to 2 periodic nonadversarial meetings). 3 (j) APPLICATION FOR NATURALIZATION.—The Sec4 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 para11 graph (2) shall be regarded as lawfully admitted for 12 permanent residence as of the date the alien was ini13 tially inspected and admitted or paroled into the 14 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 admit20 ted for permanent residence on or after July 21 30, 2021, but on or before the date of the en22 actment of this Act; or 23 (B) is an eligible individual whose status is 24 then adjusted to that of an alien lawfully admit25 ted for permanent residence after the date of February 4, 2024 (6:13 p.m.) 259 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 the enactment of this Act under any provision 2 of the immigration laws other than this section. 3 (l) PARENTS AND LEGAL GUARDIANS OF UNACCOM4 PANIED CHILDREN.—A parent or legal guardian of an eli5 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 date 10 on which the eligible individual was granted 11 conditional permanent resident status under 12 this section; and 13 (B) was not accompanied by at least one 14 parent or guardian on the date the eligible indi15 vidual was admitted or paroled into the United 16 States; and 17 (2) such parent or legal guardian was admitted 18 or paroled into the United States after the date re19 ferred to in paragraph (1)(B). 20 (m) GUIDANCE.— 21 (1) INTERIM GUIDANCE.— 22 (A) IN GENERAL.—Not later than 120 23 days after the date of the enactment of this 24 Act, the Secretary shall issue guidance imple25 menting this section. February 4, 2024 (6:13 p.m.) 260 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (B) PUBLICATION.—Notwithstanding sec2 tion 553 of title 5, United States Code, guid3 ance issued pursuant to subparagraph (A)— 4 (i) may be published on the internet 5 website of the Department of Homeland 6 Security; and 7 (ii) shall be effective on an interim 8 basis immediately upon such publication 9 but may be subject to change and revision 10 after notice and an opportunity for public 11 comment. 12 (2) FINAL GUIDANCE.— 13 (A) IN GENERAL.—Not later than 180 14 days after the date of issuance of guidance 15 under paragraph (1), the Secretary shall final16 ize the guidance implementing this section. 17 (B) EXEMPTION FROM THE ADMINISTRA18 TIVE PROCEDURES ACT.—Chapter 5 of title 5, 19 United States Code (commonly known as the 20 ‘‘Administrative Procedures Act’’), or any other 21 law relating to rulemaking or information col22 lection, shall not apply to the guidance issued 23 under this paragraph. 24 (n) ASYLUM CLAIMS.— February 4, 2024 (6:13 p.m.) 261 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (1) IN GENERAL.—With respect to the adju2 dication of an application for asylum submitted by 3 an eligible individual, section 2502(c) of the Extend4 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 this 8 section may be construed to prohibit an eligible indi9 vidual from seeking or receiving asylum under sec10 tion 208 of the Immigration and Nationality Act (8 11 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 alien 16 lawfully admitted for permanent residence or condi17 tional permanent resident status; or 18 (2) an employment authorization document. 19 (p) ELIGIBILITY FOR BENEFITS.— 20 (1) IN GENERAL.—Notwithstanding any other 21 provision of law— 22 (A) an individual described in subsection 23 (a) of section 2502 of the Afghanistan Supple24 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.) 262 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 or her eligibility for the benefits and services 2 described in subsection (b) of such section if the 3 individual has a pending application, or is 4 granted adjustment of status, under this sec5 tion; and 6 (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 bene9 fits and services are otherwise available to refu10 gees who acquire such status. 11 (2) EXCEPTION FROM 5-YEAR LIMITED ELIGI12 BILITY FOR MEANS-TESTED PUBLIC BENEFITS.— 13 Section 403(b)(1) of the Personal Responsibility and 14 Work Opportunity Reconciliation Act of 1996 (8 15 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 19 of an alien lawfully admitted for permanent res20 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 sec24 tion may be construed to preclude an eligible individual February 4, 2024 (6:13 p.m.) 263 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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 5 permanent resident status or lawful permanent resi6 dent status under this section shall not be subject to 7 the numerical limitations under sections 201, 202, 8 and 203 of the Immigration and Nationality Act (8 9 U.S.C. 1151, 1152, and 1153). 10 (2) SPOUSE AND CHILDREN BENEFICIARIES.— 11 A spouse or child who is the beneficiary of an immi12 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 the 17 spouse or child under section 203(a)(2)(A) of that 18 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 (8 21 U.S.C. 1151, 1152, and 1153). 22 (s) EFFECT ON OTHER APPLICATIONS.—Notwith23 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.) 264 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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. 9 SEC. 3334. REFUGEE PROCESSES FOR CERTAIN AT-RISK AF10 GHAN ALLIES. 11 (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 na14 tional of Afghanistan, or in the case of an alien hav15 ing no nationality, an alien who last habitually re16 sided in Afghanistan, who— 17 (A) was— 18 (i) a member of— 19 (I) the special operations forces 20 of the Afghanistan National Defense 21 and Security Forces; 22 (II) the Afghanistan National 23 Army Special Operations Command; 24 (III) the Afghan Air Force; or February 4, 2024 (6:13 p.m.) 265 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (IV) the Special Mission Wing of 2 Afghanistan; 3 (ii) a female member of any other en4 tity of the Afghanistan National Defense 5 and Security Forces, including— 6 (I) a cadet or instructor at the 7 Afghanistan National Defense Univer8 sity; and 9 (II) a civilian employee of the 10 Ministry of Defense or the Ministry of 11 Interior Affairs; 12 (iii) an individual associated with 13 former Afghan military and police human 14 intelligence activities, including operators 15 and Department of Defense sources; 16 (iv) an individual associated with 17 former Afghan military counterintelligence, 18 counterterrorism, or counternarcotics; 19 (v) an individual associated with the 20 former Afghan Ministry of Defense, Min21 istry of Interior Affairs, or court system, 22 and who was involved in the investigation, 23 prosecution or detention of combatants or 24 members of the Taliban or criminal net25 works affiliated with the Taliban; or February 4, 2024 (6:13 p.m.) 266 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (vi) a senior military officer, senior 2 enlisted personnel, or civilian official who 3 served on the staff of the former Ministry 4 of Defense or the former Ministry of Inte5 rior Affairs of Afghanistan; or 6 (B) provided service to an entity or organi7 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 Afghani17 stan, including the Afghanistan National Army, the 18 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 De21 fense and Security Forces during the relevant period 22 of service of the applicant concerned. 23 (b) REFUGEE STATUS FOR AFGHAN ALLIES.— 24 (1) DESIGNATION AS REFUGEES OF SPECIAL 25 HUMANITARIAN CONCERN.—Afghan allies shall be February 4, 2024 (6:13 p.m.) 267 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 considered refugees of special humanitarian concern 2 under section 207 of the Immigration and Nation3 ality Act (8 U.S.C. 1157), until the later of 10 years 4 after the date of enactment of this Act or upon de5 termination by the Secretary of State, in consulta6 tion with the Secretary of Defense and the Sec7 retary, that such designation is no longer in the in8 terest of the United States. 9 (2) THIRD COUNTRY PRESENCE NOT RE10 QUIRED.—Notwithstanding section 101(a)(42) of the 11 Immigration and Nationality Act (8 U.S.C. 12 1101(a)(42)), the Secretary of State and the Sec13 retary shall, to the greatest extent possible, conduct 14 remote refugee processing for an Afghan ally located 15 in Afghanistan. 16 (c) AFGHAN ALLIES REFERRAL PROGRAM.— 17 (1) IN GENERAL.—Not later than 180 days 18 after the date of the enactment of this Act— 19 (A) the Secretary of Defense, in consulta20 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; and February 4, 2024 (6:13 p.m.) 268 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (B) the head of any appropriate depart2 ment or agency that conducted operations in 3 Afghanistan during the period beginning on De4 cember 22, 2001, and ending on September 1, 5 2021, in consultation with the Secretary of 6 State, may establish a process by which an indi7 vidual may apply to the head of the appropriate 8 department or agency for classification as an 9 Afghan ally and request a referral to the United 10 States Refugee Admissions Program. 11 (2) APPLICATION SYSTEM.— 12 (A) IN GENERAL.—The process established 13 under paragraph (1) shall— 14 (i) include the development and main15 tenance of a secure online portal through 16 which applicants may provide information 17 verifying their status as Afghan allies and 18 upload supporting documentation; and 19 (ii) allow— 20 (I) an applicant to submit his or 21 her own application; 22 (II) a designee of an applicant to 23 submit an application on behalf of the 24 applicant; and February 4, 2024 (6:13 p.m.) 269 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (III) in the case of an applicant 2 who is outside the United States, the 3 submission of an application regard4 less of where the applicant is located. 5 (B) USE BY OTHER AGENCIES.—The Sec6 retary of Defense may enter into arrangements 7 with the head of any other appropriate depart8 ment or agency so as to allow the application 9 system established under subparagraph (A) to 10 be used by such department or agency. 11 (3) REVIEW PROCESS.—As soon as practicable 12 after receiving a request for classification and refer13 ral described in paragraph (1), the head of the ap14 propriate department or agency shall— 15 (A) review— 16 (i) the service record of the applicant, 17 if available; 18 (ii) if the applicant provides a service 19 record or other supporting documentation, 20 any information that helps verify the serv21 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.) 270 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 eligibility of the applicant for such classi2 fication and referral; and 3 (iii) the data holdings of the depart4 ment or agency and other cooperating 5 interagency partners, including biographic 6 and biometric records, iris scans, finger7 prints, voice biometric information, hand 8 geometry biometrics, other identifiable in9 formation, and any other information re10 lated to the applicant, including relevant 11 derogatory information; and 12 (B)(i) in a case in which the head of the 13 department or agency determines that the ap14 plicant is an Afghan ally without significant de15 rogatory information, refer the Afghan ally to 16 the United States Refugee Admissions Program 17 as a refugee; and 18 (ii) include with such referral— 19 (I) any service record concerned, 20 if available; 21 (II) if the applicant provides a 22 service record, any information that 23 helps verify the service record con24 cerned; and February 4, 2024 (6:13 p.m.) 271 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (III) any biometrics for the appli2 cant. 3 (4) REVIEW PROCESS FOR DENIAL OF REQUEST 4 FOR REFERRAL.— 5 (A) IN GENERAL.—In the case of an appli6 cant with respect to whom the head of the ap7 propriate department or agency denies a re8 quest for classification and referral based on a 9 determination that the applicant is not an Af10 ghan ally or based on derogatory information— 11 (i) the head of the department or 12 agency shall provide the applicant with a 13 written notice of the denial that provides, 14 to the maximum extent practicable, a de15 scription of the basis for the denial, includ16 ing the facts and inferences, or evidentiary 17 gaps, underlying the individual determina18 tion; and 19 (ii) the applicant shall be provided an 20 opportunity to submit not more than 1 21 written appeal to the head of the depart22 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.) 272 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (i) not more than 120 days after the 2 date on which the applicant concerned re3 ceives notice under clause (i) of that sub4 paragraph; or 5 (ii) on any date thereafter, at the dis6 cretion of the head of the appropriate de7 partment or agency. 8 (C) REQUEST TO REOPEN.— 9 (i) IN GENERAL.—An applicant who 10 receives a denial under subparagraph (A) 11 may submit a request to reopen a request 12 for classification and referral under the 13 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 to 21 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.) 273 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (A) conform to requirements established by 2 the Secretary of State for form and content; 3 and 4 (B) are complete and include sufficient 5 contact information, supporting documentation, 6 and any other material the Secretary of State 7 or the Secretary consider necessary or helpful 8 in determining whether an applicant is entitled 9 to refugee status. 10 (6) TERMINATION.—The application process 11 and referral system under this subsection shall ter12 minate upon the later of 1 year before the termi13 nation of the designation under subsection (b)(1) or 14 on the date of a joint determination by the Secretary 15 of State and the Secretary of Defense, in consulta16 tion with the Secretary, that such termination is in 17 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 State 21 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 in 25 law with respect to the number of personnel within February 4, 2024 (6:13 p.m.) 274 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 the Office of the Secretary of Defense, the military 2 departments, or a Defense Agency (as defined in 3 section 101(a) of title 10, United States Code) shall 4 not apply to personnel employed for the primary 5 purpose of carrying out this section. 6 (3) REPRESENTATION.—An alien applying for 7 admission to the United States under this section 8 may be represented during the application process, 9 including at relevant interviews and examinations, 10 by 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 ap15 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 re19 move such alien from Afghanistan, if possible. 20 (5) OTHER ELIGIBILITY FOR IMMIGRANT STA21 TUS.—No alien shall be denied the opportunity to 22 apply for admission under this section solely because 23 the alien qualifies as an immediate relative or is eli24 gible for any other immigrant classification. February 4, 2024 (6:13 p.m.) 275 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (6) AUTHORIZATION OF APPROPRIATIONS.— 2 There are authorized to be appropriated such sums 3 as necessary for each of fiscal years 2024 through 4 2034 to carry out this section. 5 (e) RULE OF CONSTRUCTION.—Nothing in this sec6 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 9 REFUGEE AND SPECIAL IMMIGRANT PROC10 ESSING. 11 (a) ACCEPTANCE OF FINGERPRINT CARDS AND SUB12 MISSIONS 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 other 18 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 shall 22 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.) 276 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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 nongovern6 mental organizations under an appropriate agree7 ment with the Secretary or the Secretary of State; 8 (2) prepared by employees or contractors of the 9 Department of Homeland Security or the Depart10 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 Sec15 retary, the Secretary of Defense, and any other 16 agency authorized to carry out the vetting process 17 under this subtitle, shall each ensure sufficient staff18 ing, and request the resources necessary, to effi19 ciently and adequately carry out the vetting of appli20 cants for— 21 (A) referral to the United States Refugee 22 Admissions Program, consistent with the deter23 minations established under section 207 of the 24 Immigration and Nationality Act (8 U.S.C. 25 1157); and February 4, 2024 (6:13 p.m.) 277 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (B) special immigrant status. 2 (2) REFUGEE RESETTLEMENT.—The Secretary 3 of Health and Human Services shall ensure suffi4 cient staffing to efficiently provide assistance under 5 chapter 2 of title IV of the Immigration and Nation6 ality Act (8 U.S.C. 1521 et seq.) to refugees reset7 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 to 25 monthly reports issued by the Secretary of State relating February 4, 2024 (6:13 p.m.) 278 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 to United States Refugee Admissions Program arrivals, 2 the Secretary of State shall report— 3 (1) the number of monthly admissions of refu4 gees, disaggregated by priorities; and 5 (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, the 11 President shall establish an Interagency Task Force 12 on Afghan Ally Strategy (referred to in this section 13 as the ‘‘Task Force’’)— 14 (A) to develop and oversee the implementa15 tion of the strategy and contingency plan de16 scribed in subparagraph (A)(i) of paragraph 17 (4); and 18 (B) to submit the report, and provide a 19 briefing on the report, as described in subpara20 graphs (A) and (B) of paragraph (4). 21 (2) MEMBERSHIP.— 22 (A) IN GENERAL.—The Task Force shall 23 include— 24 (i) 1 or more representatives from 25 each relevant Federal agency, as desFebruary 4, 2024 (6:13 p.m.) 279 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ignated by the head of the applicable rel2 evant Federal agency; and 3 (ii) any other Federal Government of4 ficial designated by the President. 5 (B) RELEVANT FEDERAL AGENCY DE6 FINED.—In this paragraph, the term ‘‘relevant 7 Federal agency’’ means— 8 (i) the Department of State; 9 (ii) the Department Homeland Secu10 rity; 11 (iii) the Department of Defense; 12 (iv) the Department of Health and 13 Human Services; 14 (v) the Federal Bureau of Investiga15 tion; and 16 (vi) the Office of the Director of Na17 tional Intelligence. 18 (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 23 days after the date on which the Task 24 Force is established, the Task Force, act25 ing through the chair of the Task Force, February 4, 2024 (6:13 p.m.) 280 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 shall submit a report to the appropriate 2 committees of Congress that includes— 3 (I) a strategy for facilitating the 4 resettlement of nationals of Afghani5 stan outside the United States who, 6 during the period beginning on Octo7 ber 1, 2001, and ending on September 8 1, 2021, directly and personally sup9 ported the United States mission in 10 Afghanistan, as determined by the 11 Secretary of State in consultation 12 with the Secretary of Defense; and 13 (II) a contingency plan for future 14 emergency operations in foreign coun15 tries involving foreign nationals who 16 have worked directly with the United 17 States Government, including the 18 Armed Forces of the United States 19 and United States intelligence agen20 cies. 21 (ii) ELEMENTS.—The report required 22 under clause (i) shall include— 23 (I) the total number of nationals 24 of Afghanistan who have pending February 4, 2024 (6:13 p.m.) 281 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 specified applications, disaggregated 2 by— 3 (aa) such nationals in Af4 ghanistan and such nationals in 5 a third country; 6 (bb) type of specified appli7 cation; and 8 (cc) applications that are 9 documentarily complete and ap10 plications that are not 11 documentarily complete; 12 (II) an estimate of the number of 13 nationals of Afghanistan who may be 14 eligible for special immigrant status; 15 (III) with respect to the strategy 16 required under subparagraph 17 (A)(i)(I)— 18 (aa) the estimated number 19 of nationals of Afghanistan de20 scribed in such subparagraph; 21 (bb) a description of the 22 process for safely resettling such 23 nationals of Afghanistan; 24 (cc) a plan for processing 25 such nationals of Afghanistan for February 4, 2024 (6:13 p.m.) 282 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 admission to the United States 2 that— 3 (AA) discusses the fea4 sibility of remote processing 5 for such nationals of Af6 ghanistan residing in Af7 ghanistan; 8 (BB) includes any 9 strategy for facilitating ref10 ugee and consular proc11 essing for such nationals of 12 Afghanistan in third coun13 tries, and the timelines for 14 such processing; 15 (CC) includes a plan 16 for conducting rigorous and 17 efficient vetting of all such 18 nationals of Afghanistan for 19 processing; 20 (DD) discusses the 21 availability and capacity of 22 sites in third countries to 23 process applications and 24 conduct any required vetting 25 for such nationals of AfFebruary 4, 2024 (6:13 p.m.) 283 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ghanistan, including the po2 tential to establish addi3 tional sites; and 4 (EE) includes a plan 5 for providing updates and 6 necessary information to af7 fected individuals and rel8 evant nongovernmental or9 ganizations; 10 (dd) a description of consid11 erations, including resource con12 straints, security concerns, miss13 ing or inaccurate information, 14 and diplomatic considerations, 15 that limit the ability of the Sec16 retary of State or the Secretary 17 to increase the number of such 18 nationals of Afghanistan who can 19 be safely processed or resettled; 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 reset25 tled; February 4, 2024 (6:13 p.m.) 284 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (ff) an estimate of the cost 2 to fully implement the strategy; 3 and 4 (gg) any other matter the 5 Task Force considers relevant to 6 the implementation of the strat7 egy; 8 (IV) with respect to the contin9 gency plan required by clause 10 (i)(II)— 11 (aa) a description of the 12 standard practices for screening 13 and vetting foreign nationals con14 sidered to be eligible for resettle15 ment in the United States, in16 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 facili23 tating refugee or consular proc24 essing for such foreign nationals 25 in third countries; February 4, 2024 (6:13 p.m.) 285 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (cc) clear guidance with re2 spect to which Federal agency 3 has the authority and responsi4 bility to coordinate Federal reset5 tlement efforts; 6 (dd) a description of any re7 source or additional authority 8 necessary to coordinate Federal 9 resettlement efforts, including 10 the need for a contingency fund; 11 (ee) any other matter the 12 Task Force considers relevant to 13 the implementation of the contin14 gency plan; and 15 (V) a strategy for the efficient 16 processing of all Afghan special immi17 grant visa applications and appeals, 18 including— 19 (aa) a review of current 20 staffing levels and needs across 21 all interagency offices and offi22 cials engaged in the special immi23 grant visa process; 24 (bb) an analysis of the ex25 pected Chief of Mission approvals February 4, 2024 (6:13 p.m.) 286 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 and denials of applications in the 2 pipeline in order to project the 3 expected number of visas nec4 essary to provide special immi5 grant status to all approved ap6 plicants under this subtitle dur7 ing the several years after the 8 date of the enactment of this 9 Act; 10 (cc) an assessment as to 11 whether adequate guidelines exist 12 for reconsidering or reopening 13 applications for special immi14 grant visas in appropriate cir15 cumstances and consistent with 16 applicable laws; and 17 (dd) an assessment of the 18 procedures throughout the special 19 immigrant visa application proc20 ess, including at the Portsmouth 21 Consular Center, and the effec22 tiveness of communication be23 tween the Portsmouth Consular 24 Center and applicants, including 25 an identification of any area in February 4, 2024 (6:13 p.m.) 287 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 which improvements to the effi2 ciency of such procedures and 3 communication may be made. 4 (iii) FORM.—The report required 5 under clause (i) shall be submitted in un6 classified 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 the 12 report. 13 (5) TERMINATION.—The Task Force shall re14 main in effect until the later of— 15 (A) the date on which the strategy re16 quired under paragraph (4)(A)(i)(I) has been 17 fully implemented; 18 (B) the date of a determination by the 19 Secretary of State, in consultation with the Sec20 retary of Defense and the Secretary, that a task 21 force is no longer necessary for the implementa22 tion of subparagraphs (A) and (B) of para23 graph (1); or 24 (C) the date that is 10 years after the date 25 of the enactment of this Act. February 4, 2024 (6:13 p.m.) 288 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (f) IMPROVING CONSULTATION WITH CONGRESS.— 2 Section 207 of the Immigration and Nationality Act (8 3 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 sub7 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.’’; 16 (2) in subsection (e), by amending paragraph 17 (2) to read as follows: 18 ‘‘(2) A description of the number and allocation 19 of the refugees to be admitted, including the ex20 pected allocation by region, and an analysis of the 21 conditions within the countries from which they 22 came.’’; and 23 (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 beginFebruary 4, 2024 (6:13 p.m.) 289 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ning the fourth quarter of fiscal year 2024, the President 2 shall submit to the Committee on Homeland Security and 3 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 to 11 the United States during the preceding quarter. 12 ‘‘(B) The cumulative number of refugees 13 admitted to the United States during the appli14 cable fiscal year, as of the last day of the pre15 ceding quarter. 16 ‘‘(C) The number of refugees expected to 17 be admitted to the United States during the re18 mainder of the applicable fiscal year. 19 ‘‘(D) The number of refugees from each 20 region admitted to the United States during the 21 preceding quarter. 22 ‘‘(2) ALIENS WITH PENDING SECURITY 23 CHECKS.—With respect only to aliens processed 24 under section 101(a)(27)(N), subtitle C of title III 25 of the Border Act, or section 602(b)(2)(A)(ii)(II) of February 4, 2024 (6:13 p.m.) 290 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 the Afghan Allies Protection Act of 2009 (8 U.S.C. 2 1101 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 other 6 security check has been requested during the 7 preceding quarter, and the number of aliens, by 8 nationality, 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 other 13 security check has been pending for more than 14 180 days. 15 ‘‘(3) CIRCUIT RIDES.— 16 ‘‘(A) For the preceding quarter— 17 ‘‘(i) the number of Refugee Corps of18 ficers deployed on circuit rides and the 19 overall number of Refugee Corps officers; 20 ‘‘(ii) the number of individuals inter21 viewed— 22 ‘‘(I) on each circuit ride; and 23 ‘‘(II) at each circuit ride location; 24 ‘‘(iii) the number of circuit rides; and February 4, 2024 (6:13 p.m.) 291 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(iv) for each circuit ride, the dura2 tion of the circuit ride. 3 ‘‘(B) For the subsequent 2 quarters, the 4 number of circuit rides planned. 5 ‘‘(4) PROCESSING.— 6 ‘‘(A) For refugees admitted to the United 7 States during the preceding quarter, the aver8 age number of days between— 9 ‘‘(i) the date on which an individual 10 referred to the United States Government 11 as a refugee applicant is interviewed by the 12 Secretary of Homeland Security; and 13 ‘‘(ii) the date on which such individual 14 is admitted to the United States. 15 ‘‘(B) For refugee applicants interviewed by 16 the Secretary of Homeland Security in the pre17 ceding quarter, the approval, denial, rec18 ommended approval, recommended denial, and 19 hold rates for the applications for admission of 20 such individuals, disaggregated by nationality.’’. February 4, 2024 (6:13 p.m.) 292 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 SEC. 3336. SUPPORT FOR CERTAIN VULNERABLE AFGHANS 2 RELATING TO EMPLOYMENT BY OR ON BE3 HALF OF THE UNITED STATES. 4 (a) SPECIAL IMMIGRANT VISAS FOR CERTAIN REL5 ATIVES OF CERTAIN MEMBERS OF THE ARMED 6 FORCES.— 7 (1) IN GENERAL.—Section 101(a)(27) of the 8 Immigration and Nationality Act (8 U.S.C. 9 1101(a)(27)) is amended— 10 (A) in subparagraph (L)(iii), by adding a 11 semicolon at the end; 12 (B) in subparagraph (M), by striking the 13 period at the end and inserting ‘‘; and’’; and 14 (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 (as 18 defined in section 101(a) of title 10, 19 United States Code); or 20 ‘‘(ii) a veteran (as defined in section 21 101 of title 38, United States Code).’’. 22 (2) NUMERICAL LIMITATIONS.— 23 (A) IN GENERAL.—Subject to subpara24 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.) 293 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 of the Immigration and Nationality Act (8 2 U.S.C. 1101(a)(27)), as added by paragraph 3 (1), may not exceed 2,500 each fiscal year. 4 (B) CARRYOVER.—If the numerical limita5 tion specified in subparagraph (A) is not 6 reached during a given fiscal year, the numer7 ical limitation specified in such subparagraph 8 for the following fiscal year shall be increased 9 by a number equal to the difference between— 10 (i) the numerical limitation specified 11 in subparagraph (A) for the given fiscal 12 year; and 13 (ii) the number of principal aliens pro14 vided special immigrant visas under sub15 paragraph (N) of section 101(a)(27) of the 16 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 subparagraph 21 (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 au25 thority to issue visas under subparagraph (N) February 4, 2024 (6:13 p.m.) 294 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 of section 101(a)(27) of the Immigration and 2 Nationality Act (8 U.S.C. 1101(a)(27)) shall— 3 (i) commence on the date of the en4 actment of this Act; and 5 (ii) terminate on the date on which all 6 such visas are exhausted. 7 (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 (1) in paragraph (2)(A)— 12 (A) by amending clause (ii) to read as fol13 lows: 14 ‘‘(ii)(I) was or is employed in Afghan15 istan on or after October 7, 2001, for not 16 less than 1 year— 17 ‘‘(aa) by, or on behalf of, the 18 United States Government; or 19 ‘‘(bb) by the International Secu20 rity Assistance Force (or any suc21 cessor name for such Force) in a ca22 pacity that required the alien— 23 ‘‘(AA) while traveling off24 base with United States military 25 personnel stationed at the InterFebruary 4, 2024 (6:13 p.m.) 295 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 national Security Assistance 2 Force (or any successor name for 3 such Force), to serve as an inter4 preter or translator for such 5 United States military personnel; 6 or 7 ‘‘(BB) to perform activities 8 for the United States military 9 personnel stationed at Inter10 national Security Assistance 11 Force (or any successor name for 12 such Force); or 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 the 17 date on which such wound or injury oc18 curred, if the wound or injury prevented 19 the alien from continuing such employ20 ment;’’; and 21 (B) in clause (iii), by striking ‘‘clause (ii)’’ 22 and inserting ‘‘clause (ii)(I)’’; 23 (2) in paragraph (13)(A)(i), by striking ‘‘sub24 clause (I) or (II)(bb) of paragraph (2)(A)(ii)’’ and February 4, 2024 (6:13 p.m.) 296 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 inserting ‘‘item (aa) or (bb)(BB) of paragraph 2 (2)(A)(ii)(I)’’; 3 (3) in paragraph (14)(C), by striking ‘‘para4 graph (2)(A)(ii)’’ and inserting ‘‘paragraph 5 (2)(A)(ii)(I)’’; and 6 (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 PRO9 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 strik15 ing ‘‘FISCAL YEARS 2015 THROUGH 2022’’ and 16 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.) 297 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (2) in paragraph (13), in the matter preceding 2 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.—Notwith9 standing section 222(e) of the Immigration and 10 Nationality Act (8 U.S.C. 1202(e)), an applica11 tion for an immigrant visa under this section 12 may be signed by the applicant through a vir13 tual video meeting before a consular officer and 14 verified by the oath of the applicant adminis15 tered by the consular officer during a virtual 16 video meeting.’’. 17 (e) QUARTERLY REPORTS.—Paragraph (12) of sec18 tion 602(b) of the Afghan Allies Protection Act of 2009 19 (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 later 23 than 120 days after the date of enactment of 24 the Border Act and every 90 days thereafter, 25 the Secretary of State and the Secretary of February 4, 2024 (6:13 p.m.) 298 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 Homeland Security, in consultation with the 2 Secretary of Defense, shall submit to the appro3 priate committees of Congress a report that in4 cludes the following: 5 ‘‘(i) For the preceding quarter— 6 ‘‘(I) a description of improve7 ments made to the processing of spe8 cial immigrant visas and refugee proc9 essing for citizens and nationals of Af10 ghanistan; 11 ‘‘(II) the number of new Afghan 12 referrals to the United States Refugee 13 Admissions Program, disaggregated 14 by referring entity; 15 ‘‘(III) the number of interviews 16 of Afghans conducted by U.S. Citizen17 ship and Immigration Services, 18 disaggregated by the country in which 19 such interviews took place; 20 ‘‘(IV) the number of approvals 21 and the number of denials of refugee 22 status requests for Afghans; 23 ‘‘(V) the number of total admis24 sions to the United States of Afghan 25 refugees; February 4, 2024 (6:13 p.m.) 299 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(VI) number of such admis2 sions, disaggregated by whether the 3 refugees come from within, or outside 4 of, Afghanistan; 5 ‘‘(VII) the average processing 6 time for citizens and nationals of Af7 ghanistan who are applicants for re8 ferral under section 3334 of the Bor9 der Act; 10 ‘‘(VIII) the number of such cases 11 processed within such average proc12 essing time; and 13 ‘‘(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 the 17 Border Act. 18 ‘‘(ii) The number of applications by 19 citizens and nationals of Afghanistan for 20 refugee referrals pending as of the date of 21 submission of the report. 22 ‘‘(iii) A description of the efficiency 23 improvements made in the process by 24 which applications for special immigrant 25 visas under this subsection are processed, February 4, 2024 (6:13 p.m.) 300 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 including information described in clauses 2 (iii) through (viii) of paragraph (11)(B). 3 ‘‘(B) FORM OF REPORT.—Each report re4 quired by subparagraph (A) shall be submitted 5 in unclassified form but may contain a classi6 fied annex. 7 ‘‘(C) PUBLIC POSTING.—The Secretary of 8 State shall publish on the website of the De9 partment of State the unclassified portion of 10 each 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 State 15 may not charge any fee in connection with an appli16 cation for, or issuance of, a special immigrant visa 17 or special immigrant status under— 18 (A) section 602 of the Afghan Allies Pro19 tection Act of 2009 (8 U.S.C. 1101 note; Public 20 Law 111–8); 21 (B) section 1059 of the National Defense 22 Authorization Act for Fiscal Year 2006 (8 23 U.S.C. 1101 note; Public Law 109–163); or 24 (C) subparagraph (N) of section 25 101(a)(27) of the Immigration and Nationality February 4, 2024 (6:13 p.m.) 301 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 Act (8 U.S.C. 1101(a)(27)), as added by sub2 section (a)(1). 3 (2) DEFENSE PERSONNEL.—Any limitation in 4 law with respect to the number of personnel within 5 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) shall 8 not apply to personnel employed for the primary 9 purpose of carrying out this section. 10 (3) PROTECTION OF ALIENS.—The Secretary of 11 State, in consultation with the head of any other ap12 propriate Federal agency, shall make a reasonable 13 effort to provide an alien who is seeking status as 14 a special immigrant under subparagraph (N) of sec15 tion 101(a)(27) of the Immigration and Nationality 16 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) RESETTLEMENT SUPPORT.—A citizen or 20 national of Afghanistan who is admitted to the 21 United States under this section or an amendment 22 made by this section shall be eligible for resettlement 23 assistance, entitlement programs, and other benefits 24 available to refugees admitted under section 207 of 25 the Immigration and Nationality Act (8 U.S.C. February 4, 2024 (6:13 p.m.) 302 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 1157) to the same extent, and for the same periods 2 of time, as such refugees. 3 SEC. 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 condi25 tional permanent resident status under section 3333, February 4, 2024 (6:13 p.m.) 303 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 disaggregated by the number of such individuals for 2 whom conditions have been removed; 3 (2) the number of individuals granted condi4 tional permanent resident status under section 3333 5 who have been determined to be ineligible for re6 moval of conditions (and the reasons for such deter7 mination); and 8 (3) the number of individuals granted condi9 tional permanent resident status under section 3333 10 for whom no such determination has been made 11 (and the reasons for the lack of such determination). 12 (b) ANNUAL REPORTS.—Not less frequently than an13 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 are 19 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 under 22 subsection (a)(2) of section 237 of that Act (8 23 U.S.C. 1227), disaggregated by each applicable 24 ground under that subsection; February 4, 2024 (6:13 p.m.) 304 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (2) the number of such individuals who are 2 placed in removal proceedings under section 240 of 3 the Immigration and Nationality Act (8 U.S.C. 4 1229a) charged with a ground of deportability under 5 subsection (a)(3) of section 237 of that Act (8 6 U.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) 10 and (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 in 17 the feasibility of such options during the preceding 18 year. February 4, 2024 (6:13 p.m.) 305 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 TITLE IV—PROMOTING LEGAL 2 IMMIGRATION 3 SEC. 3401. EMPLOYMENT AUTHORIZATION FOR FIANCE´ S, 4 FIANCE´ ES, SPOUSES, AND CHILDREN OF 5 UNITED STATES CITIZENS AND SPECIALTY 6 WORKERS. 7 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 au11 thorize an alien fiance´, fiance´e, 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 to 15 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 de19 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 employFebruary 4, 2024 (6:13 p.m.) 306 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ment in the United States incident to such status and 2 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)— 8 (A) by adding at the end the following: 9 ‘‘(6)(A) For fiscal years 2025, 2026, 2027, 2028, and 10 2029— 11 ‘‘(i) 512,000 shall be substituted for 480,000 in 12 paragraph (1)(A)(i); and 13 ‘‘(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 subpara16 graph (A)— 17 ‘‘(i) shall be issued each fiscal year; 18 ‘‘(ii) shall remain available in any fiscal year 19 until issued; and 20 ‘‘(iii) shall be allocated in accordance with sec21 tions 201, 202, and 203.’’; and 22 (2) in subsection (d), by adding at the end the 23 following: February 4, 2024 (6:13 p.m.) 307 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(3)(A) For fiscal years 2025, 2026, 2027, 2028, and 2 2029, 158,000 shall be substituted for 140,000 in para3 graph (1)(A). 4 ‘‘(B) The additional visas authorized under subpara5 graph (A)— 6 ‘‘(i) shall be issued each fiscal year; 7 ‘‘(ii) shall remain available in any fiscal year 8 until issued; and 9 ‘‘(iii) shall be allocated in accordance with sec10 tions 201, 202, and 203.’’. 11 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 CER18 TAIN DEPENDENT CHILDREN OF H-1B NON19 IMMIGRANTS.— 20 ‘‘(A) DETERMINATIVE FACTORS.—For 21 purposes of subsection (d), the determination of 22 whether an alien described in subparagraph (B) 23 satisfies the age and marital status require24 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.) 308 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 on the date on which an initial petition as a 2 nonimmigrant described in section 3 101(a)(15)(H)(i)(b) was filed on behalf of the 4 alien’s parent, if such petition was approved. 5 ‘‘(B) ALIEN DESCRIBED.—An alien is de6 scribed in this subparagraph if such alien— 7 ‘‘(i) maintained, for an aggregate pe8 riod of at least 8 years before reaching 21 9 years of age, the status of a dependent 10 child of a nonimmigrant described in sec11 tion 101(a)(15)(H)(i)(b) pursuant to a 12 lawful admission; and 13 ‘‘(ii)(I) sought to acquire the status of 14 an alien lawfully admitted for permanent 15 residence during the 2-year period begin16 ning on the date on which an immigrant 17 visa became available to such alien; or 18 ‘‘(II) demonstrates, by clear and con19 vincing evidence, that the alien’s failure to 20 seek such status during such 2-year period 21 was due to extraordinary circumstances.’’. 22 (b) NONIMMIGRANT DEPENDENT CHILDREN OF H23 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.) 309 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(s) CHILD DERIVATIVE BENEFICIARIES OF H-1B 2 NONIMMIGRANTS.— 3 ‘‘(1) AGE DETERMINATION.—In the case of an 4 alien who maintained, for an aggregate period of at 5 least 8 years before reaching 21 years of age, the 6 status of a dependent child of a nonimmigrant de7 scribed in section 101(a)(15)(H)(i)(b) pursuant to a 8 lawful admission, such alien’s age shall be deter9 mined based on the date on which an initial petition 10 for classification under such section was filed on be11 half of the alien’s parent, if such petition is ap12 proved. 13 ‘‘(2) LONG-TERM DEPENDENTS.—Notwith14 standing the alien’s actual age or marital status, an 15 alien who is determined to be a child under para16 graph (1) and is otherwise eligible may change sta17 tus to, or extend status as, a dependent child of a 18 nonimmigrant described in section 19 101(a)(15)(H)(i)(b) if the alien’s parent— 20 ‘‘(A) maintains lawful status under such 21 section; 22 ‘‘(B) has an employment-based immigrant 23 visa petition that has been approved pursuant 24 to section 203(b); and February 4, 2024 (6:13 p.m.) 310 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(C) has not yet had an opportunity to 2 seek an immigrant visa or adjust status under 3 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 non8 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 para12 graph (1) is authorized to extend status as a de13 pendent 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 re17 consider the denial of a petition under section 204 18 of the Immigration and Nationality Act (8 U.S.C. 19 1154) and a subsequent application for an immi20 grant visa or adjustment of status under section 245 21 of the Immigration and Nationality Act (8 U.S.C. 22 1255), may be granted if— 23 (A) such petition or application would have 24 been approved if— February 4, 2024 (6:13 p.m.) 311 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (i) section 203(h)(6) of the Immigra2 tion and Nationality Act, as added by sub3 section (a), had been in effect when the pe4 tition or application was adjudicated; and 5 (ii) the person concerned remains eli6 gible for the requested benefit; 7 (B) the individual seeking relief pursuant 8 to such motion was in the United States at the 9 time the underlying petition or application was 10 filed; and 11 (C) such motion is filed with the Secretary 12 or the Attorney General not later than the date 13 that is 2 years after the date of the enactment 14 of this Act. 15 (2) PROTECTION FROM REMOVAL.—Notwith16 standing any other provision of the law, the Attor17 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 is 21 seeking to file such a motion unless— 22 (i) the alien is a danger to the com23 munity or a national security risk; or February 4, 2024 (6:13 p.m.) 312 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (ii) initiating a removal proceeding 2 with respect to such alien is in the public 3 interest; and 4 (B) shall provide aliens with a reasonable 5 opportunity to file such a motion. 6 (3) EMPLOYMENT AUTHORIZATION.—An alien 7 with a pending, nonfrivolous motion under this sub8 section shall be authorized to engage in employment 9 through the date on which a final administrative de10 cision regarding such motion has been made. 11 SEC. 3404. MILITARY NATURALIZATION MODERNIZATION. 12 (a) IN GENERAL.—Chapter 2 of title III of the Immi13 gration and Nationality Act (8 U.S.C. 1421 et seq.) is 14 amended— 15 (1) by striking section 328 (8 U.S.C. 1439); 16 and 17 (2) in section 329 (8 U.S.C. 1440)— 18 (A) by amending the section heading to 19 read as follows: ‘‘NATURALIZATION 20 THROUGH SERVICE IN THE SELECTED RE21 SERVE OR IN ACTIVE-DUTY STATUS.—’’; 22 (B) in subsection (a)— 23 (i) in the matter preceding paragraph 24 (1), by striking ‘‘during either’’ and all 25 that follows through ‘‘foreign force’’; February 4, 2024 (6:13 p.m.) 313 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (ii) in paragraph (1)— 2 (I) by striking ‘‘America Samoa, 3 or Swains Island’’ and inserting 4 ‘‘American Samoa, Swains Island, or 5 any of the freely associated States (as 6 defined in section 611(b)(1)(C) of the 7 Individuals with Disabilities Edu8 cation Act (20 U.S.C. 9 1411(b)(1)(C)),’’; and 10 (II) by striking ‘‘he’’ and insert11 ing ‘‘such person’’; and 12 (iii) in paragraph (2), by striking ‘‘in 13 an active-duty status, and whether separa14 tion from such service was under honorable 15 conditions’’ and inserting ‘‘in accordance 16 with subsection (b)(3)’’; and 17 (C) in subsection (b)— 18 (i) in paragraph (1), by striking ‘‘he’’ 19 and inserting ‘‘such person’’; and 20 (ii) in paragraph (3), by striking ‘‘an 21 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), in 25 the Selected Reserve of the Ready Reserve, February 4, 2024 (6:13 p.m.) 314 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 or on active duty (as defined in such sec2 tion) 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; or 15 ‘‘(iii) family purposes;’’. 16 (b) REQUIREMENTS APPLICABLE TO FAMILY PUR17 POSES VISAS.—Section 214 of the Immigration and Na18 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: 21 ‘‘(t) REQUIREMENTS APPLICABLE TO FAMILY PUR22 POSES VISAS.— 23 ‘‘(1) DEFINED TERM.—In this subsection and 24 in section 101(a)(15)(B)(iii), the term ‘family purFebruary 4, 2024 (6:13 p.m.) 315 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 poses’ means any visit by a relative for a social, oc2 casional, major life, or religious event, or for any 3 other purpose. 4 ‘‘(2) FAMILY PURPOSES VISA.—Except as pro5 vided in paragraph (3), family travel for pleasure is 6 authorized pursuant to the policies, terms, and con7 ditions in effect on the day before the date of the 8 enactment of the Border Act. 9 ‘‘(3) SPECIAL RULES FOR FAMILY PURPOSES 10 VISAS FOR ALIENS AWAITING IMMIGRANT VISAS.— 11 ‘‘(A) NOTIFICATION OF APPROVED PETI12 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 17 of the relative who is a United States citizen or 18 lawful permanent resident. 19 ‘‘(B) PETITION.—A petition referred to in 20 subparagraph (A) shall— 21 ‘‘(i) be in such form and contain such 22 information as the Secretary may prescribe 23 by regulation; and 24 ‘‘(ii) shall include— February 4, 2024 (6:13 p.m.) 316 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(I) a declaration of financial 2 support, affirming that the petitioner 3 will provide financial support to the 4 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 dura9 tion of his or her stay in the 10 United States, a short-term trav11 el medical insurance policy; or 12 ‘‘(bb) an existing health in13 surance policy that provides cov14 erage for international medical 15 expenses; and 16 ‘‘(III) a declaration from the rel17 ative, under penalty of perjury, af18 firming the relative’s— 19 ‘‘(aa) intent to depart the 20 United States at the conclusion 21 of the relative’s period of author22 ized admission; and 23 ‘‘(bb) awareness of the pen24 alties for overstaying such period 25 of authorized admission. February 4, 2024 (6:13 p.m.) 317 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(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 non5 immigrant described in section 6 101(a)(15)(B)(iii) if such individual previously 7 petitioned for the admission of such a relative 8 who— 9 ‘‘(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 fil17 ing a declaration of financial support on 18 behalf of a relative seeking admission as a 19 nonimmigrant described in section 20 101(a)(15)(B)(iii) who has previously pro21 vided a declaration of financial support for 22 such a relative shall— 23 ‘‘(I) certify to the Secretary of 24 Homeland Security that the relative 25 whose admission the individual preFebruary 4, 2024 (6:13 p.m.) 318 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 viously supported did not overstay his 2 or her period of authorized admission; 3 or 4 ‘‘(II) explain why the relative’s 5 overstay was due to extraordinary cir6 cumstances beyond the control of the 7 relative. 8 ‘‘(ii) CRIMINAL PENALTY FOR FALSE 9 STATEMENT.—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 Home14 land Security may waive the application of sec15 tion 212(a)(9)(B) in the case of a non16 immigrant described in section 17 101(a)(15)(B)(iii) who overstayed his or her pe18 riod of authorized admission due to extraor19 dinary circumstances beyond the control of the 20 nonimmigrant.’’. 21 (c) RESTRICTION ON CHANGE OF STATUS.—Section 22 248(a)(1) of the Immigration and Nationality Act (8 23 U.S.C. 1258(a)(1)) is amended by inserting ‘‘(B)(iii),’’ 24 after ‘‘subparagraph’’. February 4, 2024 (6:13 p.m.) 319 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (d) FAMILY PURPOSE VISA ELIGIBILITY WHILE 2 AWAITING IMMIGRANT VISA.— 3 (1) IN GENERAL.—Notwithstanding section 4 214(b) of the Immigration and Nationality Act (8 5 U.S.C. 1184(b)), a nonimmigrant described in sec6 tion 101(a)(15)(B)(iii) of such Act, as added by sub7 section (a), who has been classified as an immigrant 8 under section 201 of such Act (8 U.S.C. 1151) and 9 is awaiting the availability of an immigrant visa sub10 ject to the numerical limitations under section 203 11 of such Act (8 U.S.C. 1153) may be admitted pursu12 ant to a family purposes visa, in accordance with 13 section 214(t) of such Act, as added by subsection 14 (b), if the individual is otherwise eligible for admis15 sion. 16 (2) LIMITATION.—An alien admitted under sec17 tion 101(a)(15)(B)(iii) of the Immigration and Na18 tionality Act, pursuant to section 214(t)(3) of such 19 Act, as added by subsection (b), may not be consid20 ered to have been admitted to the United States for 21 purposes of section 245(a) of such Act (8 U.S.C. 22 1255(a)). 23 (e) RULE OF CONSTRUCTION.—Nothing in this sec24 tion, or in the amendments made by this section, may be 25 construed as— February 4, 2024 (6:13 p.m.) 320 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (1) limiting the authority of immigration offi2 cers to refuse to admit to the United States an ap3 plicant under section 101(a)(15)(B)(iii) of the Immi4 gration and Nationality Act, as added by subsection 5 (a), who fails to meet 1 or more of the criteria under 6 section 214(t) of such Act, as added by subsection 7 (b), or who is inadmissible under section 212(a) of 8 such Act (8 U.S.C. 1182(a)); or 9 (2) precluding the use of section 10 101(a)(15)(B)(ii) of the Immigration and Nation11 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 date 14 of the enactment of this Act. 15 TITLE V—SELF-SUFFICIENCY 16 AND DUE PROCESS 17 Subtitle A—Work Authorizations 18 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 ELIGIBILITY.—Except as 22 provided in section 235C— 23 ‘‘(A) an applicant for asylum is not enti24 tled to employment authorization, but such auFebruary 4, 2024 (6:13 p.m.) 321 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 thorization may be provided by the Secretary of 2 Homeland Security by regulation; and 3 ‘‘(B) an applicant who is not otherwise eli4 gible for employment authorization may not be 5 granted employment authorization under this 6 section before the date that is 180 days after 7 the date on which the applicant files an applica8 tion for asylum.’’. 9 SEC. 3502. EMPLOYMENT ELIGIBILITY. 10 (a) IN GENERAL.—Chapter 4 of title II of the Immi11 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 a 21 positive protection determination pursuant to 22 such procedures; or 23 ‘‘(ii)(I) is processed under the procedures 24 described in section 235B; and February 4, 2024 (6:13 p.m.) 322 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(II)(aa) receives a positive protection de2 termination and is subsequently referred under 3 section 235B(c)(2)(B)(i) for a protection merits 4 interview; or 5 ‘‘(bb) is referred under section 235B(f)(1) 6 for a protection merits interview; and 7 ‘‘(B) is released from the physical custody 8 of the Secretary of Homeland Security. 9 ‘‘(2) APPLICATION.—The Secretary of Home10 land Security shall grant employment authorization 11 to— 12 ‘‘(A) an alien described in paragraph 13 (1)(A)(i) immediately upon such alien’s release 14 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 re18 ferred for a protection merits interview; and 19 ‘‘(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 ap22 plication pursuant to section 235B(f). 23 ‘‘(b) TERM.—Employment authorization under this 24 section— February 4, 2024 (6:13 p.m.) 323 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(1) shall be for an initial period of 2 years; 2 and 3 ‘‘(2) shall be renewable, as applicable— 4 ‘‘(A) for additional 2-year periods while 5 the alien is in protection merits removal pro6 ceedings, including while the outcome of the 7 protection merits interview is under administra8 tive or judicial review; or 9 ‘‘(B) until the date on which— 10 ‘‘(i) the alien receives a negative pro11 tection merits determination; or 12 ‘‘(ii) the alien otherwise receives em13 ployment authorization under any other 14 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 of 18 the Secretary of Homeland Security to detain or re19 lease from detention an alien, if such detention or 20 release from detention is authorized by law. 21 ‘‘(2) LIMITATION ON AUTHORITY.—The Sec22 retary of Homeland Security may not authorize for 23 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.) 324 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 circumstance not explicitly described in this sec2 tion.’’. 3 (b) CONFORMING AMENDMENT.—The table of con4 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 9 SEC. 3511. ACCESS TO COUNSEL. 10 (a) IN GENERAL.—Section 235(b)(1)(B)(iv) of the 11 Immigration and Nationality Act (8 U.S.C. 12 1225(b)(1)(B)(iv)) is amended to read as follows: 13 ‘‘(iv) INFORMATION ABOUT PROTEC14 TION DETERMINATIONS.— 15 ‘‘(I) IN GENERAL.—The Sec16 retary of Homeland Security shall 17 provide an alien with information in 18 plain language regarding protection 19 determinations conducted under this 20 section, including the information de21 scribed in subclause (II)— 22 ‘‘(aa) at the time of the ini23 tial processing of the alien; and 24 ‘‘(bb) to the maximum ex25 tent practicable, in the alien’s naFebruary 4, 2024 (6:13 p.m.) 325 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 tive language or in a language 2 the alien understands. 3 ‘‘(II) INFORMATION DE4 SCRIBED.—The information described 5 in this subclause is information relat6 ing to— 7 ‘‘(aa) the rights and obliga8 tions of the alien during a protec9 tion determination; 10 ‘‘(bb) the process by which a 11 protection determination is con12 ducted; 13 ‘‘(cc) the procedures to be 14 followed by the alien in a protec15 tion determination; and 16 ‘‘(dd) the possible con17 sequences of— 18 ‘‘(AA) not complying 19 with the obligations referred 20 to in item (aa); and 21 ‘‘(BB) not cooperating 22 with Federal authorities. 23 ‘‘(III) ACCESSIBILITY.—An alien 24 who has a limitation that renders the 25 alien unable to read written materials February 4, 2024 (6:13 p.m.) 326 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 provided under subclause (I) shall re2 ceive an interpretation of such mate3 rials in the alien’s native language, to 4 the maximum extent practicable, or in 5 a language and format the alien un6 derstands. 7 ‘‘(IV) TIMING OF PROTECTION 8 DETERMINATION.— 9 ‘‘(aa) IN GENERAL.—The 10 protection determination of an 11 alien shall not occur earlier than 12 72 hours after the provision of 13 the information described in sub14 clauses (I) and (II). 15 ‘‘(bb) WAIVER.—An alien 16 may— 17 ‘‘(AA) waive the 72- 18 hour requirement under 19 item (aa) only if the alien 20 knowingly and voluntarily 21 does so, only in a written 22 format or in an alternative 23 record if the alien is unable 24 to write, and only after the 25 alien receives the informaFebruary 4, 2024 (6:13 p.m.) 327 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 tion required to be provided 2 under subclause (I); and 3 ‘‘(BB) consult with an 4 individual of the alien’s 5 choosing in accordance with 6 subclause (V) before waiving 7 such requirement. 8 ‘‘(V) CONSULTATION.— 9 ‘‘(aa) IN GENERAL.—An 10 alien who is eligible for a protec11 tion determination may consult 12 with one or more individuals of 13 the alien’s choosing before the 14 screening or interview, or any re15 view of such a screening or inter16 view, in accordance with regula17 tions prescribed by the Secretary 18 of Homeland Security. 19 ‘‘(bb) LIMITATION.—Con20 sultation described in item (aa) 21 shall be at no expense to the 22 Federal Government. 23 ‘‘(cc) PARTICIPATION IN 24 INTERVIEW.—An individual cho25 sen by the alien may participate February 4, 2024 (6:13 p.m.) 328 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 in the protection determination of 2 the alien conducted under this 3 subparagraph. 4 ‘‘(dd) ACCESS.—The Sec5 retary of Homeland Security 6 shall ensure that a detained alien 7 has effective access to the indi8 viduals chosen by the alien, which 9 may include physical access, tele10 phonic access, and access by elec11 tronic communication. 12 ‘‘(ee) INCLUSIONS.—Con13 sultations under this subclause 14 may include— 15 ‘‘(AA) consultation with 16 an individual authorized by 17 the Department of Justice 18 through the Recognition and 19 Accreditation Program; and 20 ‘‘(BB) consultation 21 with an attorney licensed 22 under applicable law. 23 ‘‘(ff) RULES OF CONSTRUC24 TION.—Nothing in this subclause 25 may be construed— February 4, 2024 (6:13 p.m.) 329 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(AA) to require the 2 Federal Government to pay 3 for any consultation author4 ized under item (aa); 5 ‘‘(BB) to invalidate or 6 limit the remedies, rights, 7 and procedures of any Fed8 eral law that provides pro9 tection for the rights of indi10 viduals with disabilities; or 11 ‘‘(CC) to contravene or 12 limit the obligations under 13 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.) 330 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 SEC. 3512. COUNSEL FOR CERTAIN UNACCOMPANIED 2 ALIEN CHILDREN. 3 Section 235(c)(5) of the William Wilberforce Traf4 ficking Victims Protection Reauthorization Act of 2008 (8 5 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 and 9 Human Services shall ensure, to the greatest 10 extent practicable and consistent with section 11 292 of the Immigration and Nationality Act (8 12 U.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), have 17 counsel to represent them in legal proceedings 18 or matters and protect them from mistreat19 ment, exploitation, and trafficking. To the 20 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 such 24 children without charge. 25 ‘‘(B) EXCEPTION FOR CERTAIN CHIL26 DREN.— February 4, 2024 (6:13 p.m.) 331 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(i) IN GENERAL.—An unaccom2 panied alien child who is 13 years of age 3 or younger, and who is placed in or re4 ferred to removal proceedings pursuant to 5 section 240 of the Immigration and Na6 tionality 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 un12 accompanied alien children are conducted 13 in accordance with the procedures devel14 oped pursuant to subsection (b)(4). 15 ‘‘(iii) APPEALS.—The rights and 16 privileges under this subparagraph— 17 ‘‘(I) shall not attach to— 18 ‘‘(aa) an unaccompanied 19 alien child after the date on 20 which— 21 ‘‘(AA) the removal pro22 ceedings of the child under 23 section 240 of the Immigra24 tion and Nationality Act (8 25 U.S.C. 1229a) terminate; February 4, 2024 (6:13 p.m.) 332 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(BB) an order of re2 moval with respect to the 3 child becomes final; or 4 ‘‘(CC) an immigration 5 benefit is granted to the 6 child; or 7 ‘‘(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 ex11 traordinary importance; and 12 ‘‘(II) shall attach to administra13 tive reviews and appeals. 14 ‘‘(iv) IMPLEMENTATION.—Not later 15 than 90 days after the date of the enact16 ment of the Border Act, the Secretary of 17 Health and Human Services shall imple18 ment this subparagraph 19 ‘‘(v) REMEDIES.— 20 ‘‘(I) IN GENERAL.—For the pop21 ulation described in clause (i) of this 22 subparagraph and subsection (b)(1) of 23 section 292 of the Immigration and 24 Nationality Act (8 U.S.C. 1362), de25 claratory judgment that the unaccomFebruary 4, 2024 (6:13 p.m.) 333 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 panied alien child has a right to be re2 ferred to counsel, including pro-bono 3 counsel, or a continuance of immigra4 tion proceedings, shall be the exclusive 5 remedies available, other than for 6 those funds subject to appropriations. 7 ‘‘(II) SETTLEMENTS.—Any set8 tlement under this subparagraph shall 9 be subject to appropriations.’’. 10 SEC. 3513. COUNSEL FOR CERTAIN INCOMPETENT INDIVID11 UALS. 12 Section 240 of the Immigration and Nationality Act 13 (8 U.S.C. 1229a) is amended— 14 (1) by redesignating subsection (e) as sub15 section (f); and 16 (2) by inserting after subsection (d) the fol17 lowing: 18 ‘‘(e) REPRESENTATION FOR CERTAIN INCOMPETENT 19 ALIENS.— 20 ‘‘(1) IN GENERAL.—The immigration judge is 21 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 ‘‘(A) pro bono counsel is not available; and February 4, 2024 (6:13 p.m.) 334 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(B) the alien— 2 ‘‘(i) is unrepresented; 3 ‘‘(ii) was found by an immigration 4 judge to be incompetent to represent them5 selves; and 6 ‘‘(iii) has been placed in or referred to 7 removal proceedings pursuant to this sec8 tion. 9 ‘‘(2) DETERMINATION ON COMPETENCE.— 10 ‘‘(A) PRESUMPTION OF COMPETENCE.—An 11 alien is presumed to be competent to participate 12 in removal proceedings and has the duty to 13 raise the issue of competency. If there are no 14 indicia of incompetency in an alien’s case, no 15 further inquiry regarding competency is re16 quired. 17 ‘‘(B) DECISION OF THE IMMIGRATION 18 JUDGE.— 19 ‘‘(i) IN GENERAL.—If there are indi20 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.) 335 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(ii) INCOMPETENCY TEST.—The test 2 for determining whether an alien is incom3 petent to participate in immigration pro4 ceedings, is not malingering, and con5 sequently lacks sufficient capacity to pro6 ceed, is whether the alien, not solely on ac7 count of illiteracy or language barriers— 8 ‘‘(I) lacks a rational and factual 9 understanding of the nature and ob10 ject of the proceedings; 11 ‘‘(II) cannot consult with an 12 available 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 subpara19 graph may not be appealed administra20 tively and is not subject to judicial review. 21 ‘‘(C) EFFECT OF FINDING OF INCOM22 PETENCE.—A finding by an immigration judge 23 that an alien is incompetent to represent him24 self or herself in removal proceedings shall not 25 prejudice the outcome of any proceeding under February 4, 2024 (6:13 p.m.) 336 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 this section or any finding by the immigration 2 judge with respect to whether the alien is inad3 missible under section 212 or removable under 4 section 237. 5 ‘‘(3) QUARTERLY REPORT.—Not later than 90 6 days after the effective date of a final rule imple7 menting this subsection, and quarterly thereafter, 8 the Director of the Executive Office for Immigration 9 Review shall submit to the appropriate committees 10 of Congress a report that includes— 11 ‘‘(A)(i) the number of aliens in proceedings 12 under this section who claimed during the re13 porting period to be incompetent to represent 14 themselves, disaggregated by immigration court 15 and immigration judge; and 16 ‘‘(ii) a description of each reason given for 17 such claims, such as mental disease or mental 18 defect; and 19 ‘‘(B)(i) the number of aliens in proceedings 20 under this section found during the reporting 21 period by an immigration judge to be incom22 petent to represent themselves, disaggregated 23 by immigration court and immigration judge; 24 and February 4, 2024 (6:13 p.m.) 337 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(ii) a description of each reason upon 2 which such findings were based, such as mental 3 disease or mental defect. 4 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in 5 this subsection may be construed— 6 ‘‘(A) to require the Secretary of Homeland 7 Security or the Attorney General to analyze 8 whether an alien is incompetent to represent 9 themselves, absent an indicia of incompetency; 10 ‘‘(B) to establish a substantive due process 11 right; 12 ‘‘(C) to automatically equate a diagnosis of 13 a 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 17 of the alien; 18 ‘‘(E) to limit any authorized representation 19 program by a State, local, or Tribal govern20 ment; 21 ‘‘(F) to provide any statutory right to rep22 resentation in any proceeding authorized under 23 this Act, unless such right is already authorized 24 by law; or February 4, 2024 (6:13 p.m.) 338 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(G) to interfere with, create, or expand 2 any right or responsibility established through a 3 court order or settlement agreement in effect 4 before the date of the enactment of the Border 5 Act. 6 ‘‘(5) RULEMAKING.—The Attorney General is 7 authorized to prescribe regulations to carry out this 8 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 be14 fore an immigration judge and in any appeal proceeding 15 before the Attorney General from an order issued through 16 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 in 25 paragraph (5)(B) of section 235(c) of the William February 4, 2024 (6:13 p.m.) 339 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 Wilberforce Trafficking Victims Protection Reau2 thorization Act of 2008 (8 U.S.C. 1232(c)); and 3 ‘‘(2) subject to appropriations, certain incom4 petent aliens described in section 240(e).’’. 5 TITLE VI—ACCOUNTABILITY 6 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 sub17 section (a)(1) of such section 235C, disaggregated 18 by whether the alien concerned was processed under 19 the procedures described in section 235(b)(1) or 20 235B of such Act; 21 (2) the ability of the Secretary to comply with 22 the timelines for provision of work authorization pre23 scribed in subparagraphs (A) through (C) of section 24 235C(a)(2) of such Act, including whether com25 plying with subparagraphs (A) and (B) of such secFebruary 4, 2024 (6:13 p.m.) 340 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 tion 235C(a)(2) has caused delays in the processing 2 of such aliens; 3 (3) the number of employment authorizations 4 revoked due to an alien’s failure to comply with the 5 requirements under section 235B(f)(5)(B) of the 6 Immigration and Nationality Act, as added by sec7 tion 3141, or for any other reason, along with the 8 articulated basis; and 9 (4) the average time for the revocation of an 10 employment authorization if an alien is authorized to 11 work under section 235C of the Immigration and 12 Nationality Act and is subsequently ordered re13 moved. 14 SEC. 3602. LEGAL ACCESS IN CUSTODIAL SETTINGS. 15 Not later than 180 days after the date of the enact16 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 or 22 failed to secure legal representation pursuant to sec23 tion 235(b)(1)(B)(iv)(V) of the Immigration and 24 Nationality Act, as added by section 3511, before 25 the protection determination under section February 4, 2024 (6:13 p.m.) 341 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 235(b)(1)(B)(i) of such Act, including the disposi2 tion of such alien’s interview; 3 (2) the total number of aliens who waived the 4 72-hour period pursuant to section 5 235(b)(1)(B)(iv)(IV)(bb) of such Act, including the 6 disposition of the alien’s protection determination 7 pursuant to section 235(b)(1)(B)(i) of such Act; 8 (3) the total number of aliens who required a 9 verbal interpretation of the information about 10 screenings and interviews pursuant to section 11 235(b)(1)(B)(iv) of such Act, disaggregated by the 12 number of aliens who received or did not receive 13 such an interpretation, respectively, pursuant to sec14 tion 235(b)(1)(B)(iv)(III) of such Act, including the 15 disposition of their respective protection determina16 tions pursuant to section 235(b)(1)(B)(i) of such 17 Act; 18 (4) the total number of aliens who received in19 formation, either verbally or in writing, in their na20 tive language; and 21 (5) whether such policies and procedures with 22 respect to access provided in section 23 235(b)(1)(B)(iv) have been made available publicly. February 4, 2024 (6:13 p.m.) 342 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 SEC. 3603. CREDIBLE FEAR AND PROTECTION DETERMINA2 TIONS. 3 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 re9 ceived a protection determination pursuant to sec10 tion 235(b)(1)(B) of the Immigration and Nation11 ality Act (8 U.S.C. 1225(b)(1)(B)); 12 (2) the number of aliens who requested or re13 ceived a protection determination pursuant to sec14 tion 235B(b) of such Act, as added by section 3141; 15 (3) the number of aliens described in para16 graphs (1) and (2) who are subject to an asylum ex17 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 for 21 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 (5) the number of aliens described in paragraph 25 (1) or (2) who— February 4, 2024 (6:13 p.m.) 343 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (A) received a positive screening or deter2 mination; or 3 (B) received a negative screening or deter4 mination; 5 (6) the number of aliens described in paragraph 6 (5)(B) who requested reconsideration or appeal of a 7 negative screening and the disposition of such re8 quests; 9 (7) the number of aliens described in paragraph 10 (6) who, upon reconsideration— 11 (A) received a positive screening or deter12 mination, as applicable; or 13 (B) received a negative screening or deter14 mination, as applicable; 15 (8) the number of aliens described in paragraph 16 (5)(B) who appealed a decision subsequent to a re17 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 reconsider21 ation of a negative screening— 22 (A) received a positive screening or deter23 mination, as applicable; or 24 (B) received negative screening or deter25 mination, as applicable; and February 4, 2024 (6:13 p.m.) 344 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (10) the number of aliens who withdraw their 2 application for admission, including— 3 (A) whether such alien could read or write; 4 (B) whether the withdrawal occurred in 5 the alien’s native language; 6 (C) the age of such alien; and 7 (D) the Federal agency or component that 8 processed such withdrawal. 9 SEC. 3604. PUBLICATION OF OPERATIONAL STATISTICS BY 10 U.S. CUSTOMS AND BORDER PROTECTION. 11 (a) IN GENERAL.—Beginning in the second calendar 12 month beginning after the date of the enactment of this 13 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 (1) the number of alien encounters, 18 disaggregated by— 19 (A) whether such aliens are admissible or 20 inadmissible, including the basis for such deter21 minations; 22 (B) the U.S. Border Patrol sector and 23 U.S. Customs and Border Protection field office 24 that recorded the encounter; February 4, 2024 (6:13 p.m.) 345 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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 in6 admissible 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; and 10 (iii) whether the alien’s alleged ter11 rorism is related to domestic or inter12 national actors, if available; 13 (D) aliens with active Federal or State 14 warrants for arrest in the United States and 15 the nature of the crimes justifying such war16 rants; 17 (E) the nationality of the alien; 18 (F) whether the alien encountered is a sin19 gle adult, an individual in a family unit, an un20 accompanied child, or an accompanied child; 21 (G) the average time the alien remained in 22 custody, disaggregated by demographic infor23 mation; 24 (H) the processing disposition of each alien 25 described in this paragraph upon such alien’s February 4, 2024 (6:13 p.m.) 346 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 release from the custody of U.S. Customs and 2 Border Protection, disaggregated by nationality; 3 (I) the number of aliens who are paroled 4 pursuant to section 212(d)(5) of the Immigra5 tion and Nationality Act (8 U.S.C. 1182(d)(5)), 6 disaggregated 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 11 (K) aliens who have a confirmed gang af12 filiation, including— 13 (i) whether such alien was determined 14 to be inadmissible or removable due to 15 such affiliation; 16 (ii) the specific gang affiliation al17 leged; 18 (iii) the basis of such allegation; and 19 (iv) the Federal agency or component 20 that made such allegation or determina21 tion; 22 (2) seizures, disaggregated by the U.S. Border 23 Patrol sector and U.S. Customs and Border Protec24 tion field office that recorded the encounter, of— 25 (A) narcotics; February 4, 2024 (6:13 p.m.) 347 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (B) firearms, whether inbound or out2 bound, including whether such firearms were 3 manufactured in the United States, if known; 4 (C) monetary instruments, whether in5 bound and outbound; and 6 (D) other specifically identified contra7 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— 11 (A) the number of days such authority was 12 in effect; 13 (B) the number of encounters (as defined 14 in section 244A(i)(3)) of such Act, 15 disaggregated by U.S. Border Patrol sector and 16 U.S. Customs and Border Patrol field office; 17 (C) the number of summary removals 18 made under such authority; 19 (D) the number of aliens who manifested 20 a fear of persecution or torture and were 21 screened for withholding of removal or for pro22 tection under the Convention Against Torture, 23 and the disposition of each such screening, in24 cluding the processing disposition or outcome; February 4, 2024 (6:13 p.m.) 348 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (E) the number of aliens who were 2 screened at a port of entry in a safe and orderly 3 manner 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 9 by 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 nation15 ality; 16 (J) the number of aliens who were re17 turned to any country without a humanitarian 18 or protection determination during the use of 19 such authority; 20 (K) the number of United States citizens 21 who were inadvertently detained, removed, or 22 affected by such border emergency authority; 23 (L) the number of individuals who have 24 lawful permission to enter the United States February 4, 2024 (6:13 p.m.) 349 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 and were inadvertently detained, removed, or 2 affected by such border emergency authority; 3 (M) a summary of the impact to lawful 4 trade and travel during the use of such border 5 emergency authority, disaggregated by port of 6 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 re10 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 in17 spections; 18 (5) border rescues and mortality data; 19 (6) information regarding trade and travel; and 20 (7) with respect to aliens who were transferred 21 from the physical custody of a State or Federal law 22 enforcement agency or other State agency to the 23 physical custody of a Federal agency or compo24 nent— 25 (A) the specific States concerned; February 4, 2024 (6:13 p.m.) 350 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (B) whether such alien had initially been 2 charged with a State crime before the State 3 transferred such alien to such Federal agency 4 or component; and 5 (C) the underlying State crime with which 6 the alien was charged. 7 (b) TOTALS.—The information described in sub8 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; and 15 (2) specifically note whether the definition of 16 any term has been changed. 17 (d) PROTECTION OF PERSONALLY IDENTIFIABLE IN18 FORMATION.—In preparing each publication pursuant to 19 subsection (a), the Secretary shall— 20 (1) protect any personally identifiable informa21 tion associated with aliens described in subsection 22 (a); and 23 (2) comply with all applicable privacy laws. February 4, 2024 (6:13 p.m.) 351 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 SEC. 3605. UTILIZATION OF PAROLE AUTHORITIES. 2 Section 602(b) of the Illegal Immigration Reform and 3 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 8 Homeland Security shall submit a report to the 9 Committee on the Judiciary of the Senate, the Com10 mittee on Homeland Security and Governmental Af11 fairs of the Senate, the Committee on the Judiciary 12 of the House of Representatives, the Committee on 13 Homeland 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 (8 17 U.S.C. 1182(d)(5)). 18 ‘‘(2) CONTENTS.—Each report required under 19 paragraph (1) shall include— 20 ‘‘(A) the total number of aliens— 21 ‘‘(i) who submitted applications for 22 parole; 23 ‘‘(ii) whose parole applications were 24 approved; or 25 ‘‘(iii) who were granted parole into 26 the United States during the fiscal year February 4, 2024 (6:13 p.m.) 352 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 immediately preceding the fiscal year dur2 ing which such report is submitted; 3 ‘‘(B) the elements described in subpara4 graph (A), disaggregated by— 5 ‘‘(i) citizenship or nationality; 6 ‘‘(ii) demographic categories; 7 ‘‘(iii) the component or subcomponent 8 of the Department of Homeland Security 9 that granted such parole; 10 ‘‘(iv) the parole rationale or class of 11 admission, if applicable; and 12 ‘‘(v) the sector, field office, area of re13 sponsibility, or port of entry where such 14 parole was requested, approved, or grant15 ed; 16 ‘‘(C) the number of aliens who requested 17 re-parole, disaggregated by the elements de18 scribed in subparagraph (B), and the number of 19 denials of re-parole requests; 20 ‘‘(D) the number of aliens whose parole 21 was terminated for failing to abide by the terms 22 of parole, disaggregated by the elements de23 scribed in subparagraph (B); February 4, 2024 (6:13 p.m.) 353 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(E) for any parole rationale or class of 2 admission which requires sponsorship, the num3 ber of sponsor petitions which were— 4 ‘‘(i) confirmed; 5 ‘‘(ii) confirmed subsequent to a non6 confirmation; or 7 ‘‘(iii) denied; 8 ‘‘(F) for any parole rationale or class of 9 admission in which a foreign government has 10 agreed to accept returns of third country na11 tionals, the number of returns of such third 12 country nationals such foreign government has 13 accepted; 14 ‘‘(G) the number of aliens who filed for 15 asylum after being paroled into the United 16 States; and 17 ‘‘(H) the number of aliens described in 18 subparagraph (G) who were granted employ19 ment authorization based solely on a grant of 20 parole. 21 ‘‘(3) PROTECTION OF PERSONALLY IDENTIFI22 ABLE INFORMATION.—In preparing each report pur23 suant to paragraph (1), the Secretary shall— February 4, 2024 (6:13 p.m.) 354 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(A) protect any personally identifiable in2 formation associated with aliens described in 3 paragraph (1); and 4 ‘‘(B) comply with all applicable privacy 5 laws.’’. 6 SEC. 3606. ACCOUNTABILITY IN PROVISIONAL REMOVAL 7 PROCEEDINGS. 8 (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 sub16 section (a) shall include— 17 (1) the number of aliens processed pursuant to 18 section 235B(b) of the Immigration and Nationality 19 Act, disaggregated by— 20 (A) whether the alien was a single adult or 21 a member of a family unit; 22 (B) the number of aliens who— 23 (i) were provided proper service and 24 notice upon release from custody pursuant 25 to section 235B(b)(2) of such Act; or February 4, 2024 (6:13 p.m.) 355 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (ii) were not given such proper service 2 and notice; 3 (C) the number of aliens who received a 4 protection determination interview pursuant to 5 section 235B(c) of such Act within the 90-day 6 period required under section 235B(b)(3)(A) of 7 such Act; 8 (D) the number of aliens described in sub9 paragraph (C)— 10 (i) who retained legal counsel; 11 (ii) who received a positive protection 12 determination; 13 (iii) who received a negative protection 14 determination; 15 (iv) for those aliens described in 16 clause (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 re21 ceiving a negative motion for reconsid22 eration filed an appeal; 23 (IV) who appealed a negative de24 cision without filing for reconsider25 ation; February 4, 2024 (6:13 p.m.) 356 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (V) whether the appeal resulted 2 in approval or denial, disaggregated 3 by the elements in subclauses (III) 4 and (IV); and 5 (VI) whether the alien, upon re6 ceiving a negative decision as de7 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 pro11 ceedings; and 12 (vi) who failed to receive proper serv13 ice; 14 (E) the number of aliens who were proc15 essed pursuant to section 235B(f) of such Act; 16 and 17 (F) the number of aliens described in sub18 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 22 of 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.) 357 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (B) to serve notice of a protection deter2 mination pursuant to section 235B(e) of such 3 Act after a determination has been made pursu4 ant to section 235B(b) of such Act; 5 (C) to provide an alien with a work author6 ization pursuant to section 235C of such Act, 7 as added by section 3501, disaggregated by the 8 requirements under subparagraphs (A), (B), 9 and (C) of section 235C(a)(2) of such Act; and 10 (D) the utilization of the Alternatives to 11 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 re15 leased from physical custody; 16 (ii) the level of compliance by the 17 alien with the rules of the Alternatives to 18 Detention program; and 19 (iii) the total cost of each Alternatives 20 to Detention type; 21 (3) the number of aliens processed pursuant to 22 section 240D(d) of such Act, disaggregated by— 23 (A) whether the alien was a single adult or 24 a member of a family unit; February 4, 2024 (6:13 p.m.) 358 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (B) the number of aliens who were pro2 vided proper service and notice of a protection 3 determination pursuant to section 235B(e) of 4 such Act; 5 (C) the number of aliens who received a 6 protection merits interview pursuant to section 7 240D(c)(3) of such Act within the 90-day pe8 riod required under section 240D(b) of such 9 Act; 10 (D) the number of aliens who received a 11 positive protection merits determination pursu12 ant to section 240D(d)(2) of such Act; 13 (E) the number of aliens who received a 14 negative protection merits determination pursu15 ant to section 240D(d)(3) of such Act, 16 disaggregated by the number of aliens who ap17 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 proc21 essed pursuant to section 240D of such Act 22 who retained legal counsel; 23 (G) the number of aliens who appeared at 24 such proceedings; and February 4, 2024 (6:13 p.m.) 359 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (H) the number of aliens who absconded 2 during such proceedings; and 3 (4) the average time taken by the Department 4 of Homeland Security— 5 (A) to perform a protection merits inter6 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 9 such Act; and 10 (C) the utilization of Alternatives to De11 tention program authorized under section 12 240D(c)(2) of such Act, disaggregated by— 13 (i) types of alternatives to detention 14 used to supervise the aliens after being re15 leased from physical custody; and 16 (ii) the level of compliance by the 17 aliens with rules of the Alternatives to De18 tention program. 19 (c) PROTECTION OF PERSONALLY IDENTIFIABLE IN20 FORMATION.—In preparing each report pursuant to sub21 section (a), the Secretary shall— 22 (1) protect any personally identifiable informa23 tion associated with aliens described in subsection 24 (a); and 25 (2) comply with all applicable privacy laws. February 4, 2024 (6:13 p.m.) 360 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 SEC. 3607. ACCOUNTABILITY IN VOLUNTARY REPATRI2 ATION, WITHDRAWAL, AND DEPARTURE. 3 (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 sub10 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, commer16 cial flight for such return; 17 (4) alien use of reintegration or reception pro18 grams in the alien’s country of nationality after re19 moval from the United States; 20 (5) the number of aliens who failed to depart 21 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; and 24 (7) the number of aliens who did depart. February 4, 2024 (6:13 p.m.) 361 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 SEC. 3608. GAO ANALYSIS OF IMMIGRATION JUDGE AND 2 ASYLUM OFFICER DECISION-MAKING RE3 GARDING ASYLUM, WITHHOLDING OF RE4 MOVAL, AND PROTECTION UNDER THE CON5 VENTION AGAINST TORTURE. 6 (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 Immigra16 tion Review and U.S. Citizenship and Immigration 17 Services have any differential in rate of decisions for 18 cases involving asylum, withholding of removal, or 19 protection under the Convention Against Torture 20 and Other Cruel, Inhuman or Degrading Treatment 21 or Punishment, done at New York December 10, 22 1984; and 23 (2) the causes for any such differential, includ24 ing any policies, procedures, or other administrative 25 measures. February 4, 2024 (6:13 p.m.) 362 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (b) RECOMMENDATIONS.—Upon completing the anal2 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. 9 SEC. 3609. REPORT ON COUNSEL FOR UNACCOMPANIED 10 ALIEN CHILDREN. 11 (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 (2) the sponsorship category of unaccompanied 24 alien children who obtained counsel; February 4, 2024 (6:13 p.m.) 363 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 (3) the age ranges of unaccompanied alien chil2 dren who obtained counsel; 3 (4) the administrative appeals, if any, of unac4 companied alien children who obtained counsel; and 5 (5) the case outcomes of unaccompanied alien 6 children who obtained counsel. 7 (b) PROTECTION OF PERSONALLY IDENTIFIABLE IN8 FORMATION.—In preparing each report pursuant to sub9 section (a), the Secretary of Health and Human Services 10 shall— 11 (1) protect any personally identifiable informa12 tion associated with aliens described in subsection 13 (a); and 14 (2) comply with all applicable privacy laws. 15 SEC. 3610. RECALCITRANT COUNTRIES. 16 Section 243(d) of the Immigration and Nationality 17 Act (8 U.S.C. 1253(d)) is amended— 18 (1) by striking ‘‘On being notified’’ and insert19 ing the following: 20 ‘‘(1) IN GENERAL.—On being notified’’; and 21 (2) by adding at the end the following: 22 ‘‘(2) REPORT ON RECALCITRANT COUNTRIES.— 23 ‘‘(A) IN GENERAL.—Not later than 90 24 days after the last day of each fiscal year, the February 4, 2024 (6:13 p.m.) 364 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 Secretary of Homeland Security and the Sec2 retary of State shall jointly— 3 ‘‘(i) prepare an unclassified annual re4 port, which may include a classified annex, 5 that includes the information described in 6 subparagraph (C); and 7 ‘‘(ii) submit such report to Committee 8 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, the 12 Committee on Homeland Security of the 13 House of Representatives, the Committee 14 on the Judiciary of the House of Rep15 resentatives, and the Committee on For16 eign Affairs of the House of Representa17 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 the 21 Secretary of Homeland Security and of the Sec22 retary of State shall brief the committees re23 ferred to in subparagraph (A)(ii) regarding any 24 measures taken to encourage countries to ac25 cept the return of their citizens, subjects, or naFebruary 4, 2024 (6:13 p.m.) 365 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 tionals, or aliens whose last habitual residence 2 was within each such country, who have been 3 ordered removed from the United States. 4 ‘‘(C) CONTENTS.—Each report prepared 5 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, or 9 aliens whose last habitual residence 10 was within such country, who have 11 been ordered removed to such country 12 from the United States; or 13 ‘‘(II) unreasonably delay the ac14 ceptance of their citizens, subjects, or 15 nationals, or aliens whose last habit16 ual residence was within such country, 17 who have been ordered removed to 18 such 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, or 22 aliens 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, subFebruary 4, 2024 (6:13 p.m.) 366 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 jects, or nationals, or aliens whose last ha2 bitual residence was within such country, 3 who have been ordered removed to such 4 country from the United States; 5 ‘‘(iv) a description of the criteria used 6 to determine that a country described 7 under clause (iii) has placed such unrea8 sonable limitations; 9 ‘‘(v) the number of aliens ordered re10 moved from the United States to a country 11 described in clause (i) or (iii) whose re12 moval from the United States was pending 13 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 work authorization; and 18 ‘‘(bb) are not eligible to re19 quest work authorization; 20 ‘‘(vi) the number of aliens ordered re21 moved from the United States to a country 22 described in clause (i) or (iii) whose re23 moval from the United States was pending 24 as of the last day of the previous fiscal February 4, 2024 (6:13 p.m.) 367 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 year and who are being detained, 2 disaggregated by— 3 ‘‘(I) the length of such detention; 4 ‘‘(II) the aliens who requested a 5 review of the significant likelihood of 6 their removal in the reasonably fore7 seeable future; 8 ‘‘(III) the aliens for whom the re9 quest for release under such review 10 was denied; 11 ‘‘(IV) the aliens who remain de12 tained on account of special cir13 cumstances despite no significant like14 lihood that such aliens will be re15 moved in the foreseeable future, 16 disaggregated by the specific cir17 cumstance; 18 ‘‘(V) the aliens described in sub19 clause (IV) who are being detained 20 based on a determination that they 21 are specially dangerous; 22 ‘‘(VI) the aliens described in sub23 clause (V) whose request to review the 24 basis for their continued detention 25 was denied; February 4, 2024 (6:13 p.m.) 368 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 ‘‘(VII) demographic categories, 2 including part of a family unit, single 3 adults, and unaccompanied alien chil4 dren; 5 ‘‘(vii) the number of aliens referred to 6 in clauses (i) through (iii) who— 7 ‘‘(I) have criminal convictions, 8 disaggregated by National Crime In9 formation Center code, whether mis10 demeanors or felonies; 11 ‘‘(II) are considered national se12 curity threats to the United States; 13 ‘‘(III) are members of a criminal 14 gang or another organized criminal 15 organization, if found to be inadmis16 sible or removable on such grounds; or 17 ‘‘(IV) have been released from 18 U.S. Immigration and Customs En19 forcement custody on an order of su20 pervision and the type of supervision 21 and compliance with such supervision, 22 if applicable; 23 ‘‘(viii) a description of the actions 24 taken by the Department of Homeland Se25 curity and the Department of State to enFebruary 4, 2024 (6:13 p.m.) 369 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 1 courage foreign nations to accept the re2 turn of their nationals; and 3 ‘‘(ix) the total number of individuals 4 that such jurisdiction has accepted who are 5 not citizens, subjects, or nationals, or 6 aliens who last habitually resided within 7 such jurisdiction and have been removed 8 from the United States, if any.’’. 9 TITLE VII—OTHER MATTERS 10 SEC. 3701. SEVERABILITY. 11 If any provision of this Act, any amendment made 12 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. 18 TITLE VIII—BUDGETARY 19 EFFECTS 20 SEC. 3801. BUDGETARY EFFECTS. 21 (a) STATUTORY PAYGO SCORECARDS.—The budg22 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.) 370 U:\2024REPT\SUPP\ENSSAA01.xml SEN. APPRO. 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, the 11 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 Com14 mittee on Appropriations pursuant to section 302(a) 15 of the Congressional Budget Act of 1974; and 16 (3) for purposes of paragraph (4)(C) of section 17 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.)