[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5672 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 5672
Making continuing appropriations for fiscal year 2024, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 22, 2023
Mr. Bacon (for himself, Mr. Case, Mr. Fitzpatrick, and Mr. Golden of
Maine) introduced the following bill; which was referred to the
Committee on Appropriations, and in addition to the Committees on the
Budget, and Ways and Means, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
Making continuing appropriations for fiscal year 2024, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bipartisan Keep America Open Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
DIVISION A--CONTINUING APPROPRIATIONS ACT, 2024
DIVISION B--SUPPLEMENTAL APPROPRIATIONS
Subdivision A--Supplemental Appropriations for Disaster Relief
Subdivision B--Supplemental Appropriations for Ukraine
DIVISION I--BUDGETARY MATTERS
Sec. 101. Statutory PAYGO scorecards.
Sec. 102. Senate PAYGO scorecards.
Sec. 103. Classification of budgetary effects.
DIVISION II--IMMIGRATION
Sec. 101. Temporary expulsion of inadmissible arriving aliens.
Sec. 102. Countries to which aliens may be expelled.
Sec. 103. Waiver authority.
DIVISION III--EXTENDERS
Subdivision A--Federal Aviation
Subdivision B--Extension of Funding for Community Health Centers
Subdivision C--Extension of Temporary Assistance for Needy Families
Program
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
DIVISION A--CONTINUING APPROPRIATIONS ACT, 2024
The following sums are hereby appropriated, out of any money in
the Treasury not otherwise appropriated, and out of applicable
corporate or other revenues, receipts, and funds, for the several
departments, agencies, corporations, and other organizational units of
Government for fiscal year 2024, and for other purposes, namely:
Sec. 101. Such amounts as may be necessary, at a rate for
operations as provided in the applicable appropriations Acts for fiscal
year 2023 and under the authority and conditions provided in such Acts,
for continuing projects or activities (including the costs of direct
loans and loan guarantees) that are not otherwise specifically provided
for in this Act, that were conducted in fiscal year 2023, and for which
appropriations, funds, or other authority were made available in the
following appropriations Acts:
(1) The Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2023
(division A of Public Law 117-328).
(2) The Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2023 (division B of Public Law 117-328).
(3) The Department of Defense Appropriations Act, 2023
(division C of Public Law 117-328).
(4) The Energy and Water Development and Related Agencies
Appropriations Act, 2023 (division D of Public Law 117-328).
(5) The Financial Services and General Government
Appropriations Act, 2023 (division E of Public Law 117-328).
(6) The Department of Homeland Security Appropriations Act,
2023 (division F of Public Law 117-328), including title III of
division O of Public Law 117-328.
(7) The Department of the Interior, Environment, and
Related Agencies Appropriations Act, 2023 (division G of Public
Law 117-328).
(8) The Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Act, 2023
(division H of Public Law 117-328).
(9) The Legislative Branch Appropriations Act, 2023
(division I of Public Law 117-328).
(10) The Military Construction, Veterans Affairs, and
Related Agencies Appropriations Act, 2023 (division J of Public
Law 117-328).
(11) The Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2023 (division K of Public
Law 117-328).
(12) The Transportation, Housing and Urban Development, and
Related Agencies Appropriations Act, 2023 (division L of Public
Law 117-328).
Sec. 102. (a) No appropriation or funds made available or authority
granted pursuant to section 101 for the Department of Defense shall be
used for:
(1) the new production of items not funded for production
in fiscal year 2023 or prior years;
(2) the increase in production rates above those sustained
with fiscal year 2023 funds; or
(3) the initiation, resumption, or continuation of any
project, activity, operation, or organization (defined as any
project, subproject, activity, budget activity, program
element, and subprogram within a program element, and for any
investment items defined as a P-1 line item in a budget
activity within an appropriation account and an R-1 line item
that includes a program element and subprogram element within
an appropriation account) for which appropriations, funds, or
other authority were not available during fiscal year 2023.
(b) No appropriation or funds made available or authority granted
pursuant to section 101 for the Department of Defense shall be used to
initiate multi-year procurements utilizing advance procurement funding
for economic order quantity procurement unless specifically
appropriated later.
Sec. 103. Appropriations made by section 101 shall be available to
the extent and in the manner that would be provided by the pertinent
appropriations Act.
Sec. 104. Except as otherwise provided in section 102, no
appropriation or funds made available or authority granted pursuant to
section 101 shall be used to initiate or resume any project or activity
for which appropriations, funds, or other authority were not available
during fiscal year 2023.
Sec. 105. Appropriations made and authority granted pursuant to
this Act shall cover all obligations or expenditures incurred for any
project or activity during the period for which funds or authority for
such project or activity are available under this Act.
Sec. 106. Unless otherwise provided for in this Act or in the
applicable appropriations Act for fiscal year 2024, appropriations and
funds made available and authority granted pursuant to this Act shall
be available until whichever of the following first occurs:
(1) The enactment into law of an appropriation for any
project or activity provided for in this Act.
(2) The enactment into law of the applicable appropriations
Act for fiscal year 2024 without any provision for such project
or activity.
(3) January 11, 2024.
Sec. 107. Expenditures made pursuant to this Act shall be charged
to the applicable appropriation, fund, or authorization whenever a bill
in which such applicable appropriation, fund, or authorization is
contained is enacted into law.
Sec. 108. Appropriations made and funds made available by or
authority granted pursuant to this Act may be used without regard to
the time limitations for submission and approval of apportionments set
forth in section 1513 of title 31, United States Code, but nothing in
this Act may be construed to waive any other provision of law governing
the apportionment of funds.
Sec. 109. Notwithstanding any other provision of this Act, except
section 106, for those programs that would otherwise have high initial
rates of operation or complete distribution of appropriations at the
beginning of fiscal year 2024 because of distributions of funding to
States, foreign countries, grantees, or others, such high initial rates
of operation or complete distribution shall not be made, and no grants
shall be awarded for such programs funded by this Act that would
impinge on final funding prerogatives.
Sec. 110. This Act shall be implemented so that only the most
limited funding action of that permitted in the Act shall be taken in
order to provide for continuation of projects and activities.
Sec. 111. (a) For entitlements and other mandatory payments whose
budget authority was provided in appropriations Acts for fiscal year
2023, and for activities under the Food and Nutrition Act of 2008,
activities shall be continued at the rate to maintain program levels
under current law, under the authority and conditions provided in the
applicable appropriations Act for fiscal year 2023, to be continued
through the date specified in section 106(3).
(b) Notwithstanding section 106, obligations for mandatory payments
due on or about the first day of any month that begins after October
2023 but not later than 30 days after the date specified in section
106(3) may continue to be made, and funds shall be available for such
payments.
Sec. 112. Amounts made available under section 101 for civilian
personnel compensation and benefits in each department and agency may
be apportioned up to the rate for operations necessary to avoid
furloughs within such department or agency, consistent with the
applicable appropriations Act for fiscal year 2023, except that such
authority provided under this section shall not be used until after the
department or agency has taken all necessary actions to reduce or defer
non-personnel-related administrative expenses.
Sec. 113. Funds appropriated by this Act may be obligated and
expended notwithstanding section 10 of Public Law 91-672 (22 U.S.C.
2412), section 15 of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2680), section 313 of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section 504(a)(1)
of the National Security Act of 1947 (50 U.S.C. 3094(a)(1)).
Sec. 114. (a) Each amount incorporated by reference in this Act
that was previously designated by the Congress as an emergency
requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th
Congress), the concurrent resolution on the budget for fiscal year
2022, and section 1(e) of H. Res. 1151 (117th Congress), as engrossed
in the House of Representatives on June 8, 2022, is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
(b) Each amount incorporated by reference in this Act that was
previously designated as being for disaster relief pursuant to a
concurrent resolution on the budget in the Senate and section 1(f) of
H. Res. 1151 (117th Congress), as engrossed in the House of
Representatives on June 8, 2022, is designated by the Congress as being
for disaster relief pursuant to section 251(b)(2)(D) of such Act.
(c) This section shall become effective immediately upon enactment
of this Act, and shall remain in effect through the date in section
106(3).
Sec. 115. (a) Rescissions or cancellations of discretionary budget
authority that continue pursuant to section 101 in Treasury
Appropriations Fund Symbols (TAFS)--
(1) to which other appropriations are not provided by this
Act, but for which there is a current applicable TAFS that does
receive an appropriation in this Act; or
(2) which are no-year TAFS and receive other appropriations
in this Act,
may be continued instead by reducing the rate for operations otherwise
provided by section 101 for such current applicable TAFS, as long as
doing so does not impinge on the final funding prerogatives of the
Congress.
(b) Rescissions or cancellations described in subsection (a) shall
continue in an amount equal to the lesser of--
(1) the amount specified for rescission or cancellation in
the applicable appropriations Act referenced in section 101 of
this Act; or
(2) the amount of balances available, as of October 1,
2023, from the funds specified for rescission or cancellation
in the applicable appropriations Act referenced in section 101
of this Act.
(c) No later than October 11, 2023, the Director of the Office of
Management and Budget shall provide to the Committees on Appropriations
of the House of Representatives and the Senate a comprehensive list of
the rescissions or cancellations that will continue pursuant to section
101: Provided, That the information in such comprehensive list shall
be periodically updated to reflect any subsequent changes in the amount
of balances available, as of October 1, 2023, from the funds specified
for rescission or cancellation in the applicable appropriations Act
referenced in section 101, and such updates shall be transmitted to the
Committees on Appropriations of the House of Representatives and the
Senate upon request.
Sec. 116. Amounts provided by section 101 shall not be made
available to release (including pursuant to parole or release pursuant
to section 236(a) of the Immigration and Nationality Act but excluding
as expressly authorized pursuant to section 212(d)(5)) an alien
described in section 235(b)(1)(A)(i)-(ii), (b)(1)(B), or (b)(2), other
than to be removed, including to a country described in section
208(a)(2)(A), or returned to a country as described in section
235(b)(3).
This division may be cited as the ``Continuing Appropriations Act,
2024''.
DIVISION B--SUPPLEMENTAL APPROPRIATIONS
SUBDIVISION A--SUPPLEMENTAL APPROPRIATIONS FOR DISASTER RELIEF
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
disaster relief fund
For an additional amount for ``Disaster Relief Fund'',
$16,000,000,000, to remain available until expended, for major
disasters declared pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and is designated
by the Congress as being for disaster relief pursuant to a concurrent
resolution on the budget in the Senate.
SUBDIVISION B--SUPPLEMENTAL APPROPRIATIONS FOR UKRAINE
TITLE I--DEFENSE
DEPARTMENT OF DEFENSE
Military Programs
military personnel, army
For an additional amount for ``Military Personnel, Army'',
$44,418,000, to remain available until September 30, 2024, to respond
to the situation in Ukraine and for related expenses: Provided, That
such amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That such
amount shall be available only if the President designates such amount
as an emergency requirement pursuant to section 251(b)(2)(A).
military personnel, marine corps
For an additional amount for ``Military Personnel, Marine Corps'',
$508,000, to remain available until September 30, 2024, to respond to
the situation in Ukraine and for related expenses: Provided, That such
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That such
amount shall be available only if the President designates such amount
as an emergency requirement pursuant to section 251(b)(2)(A).
military personnel, air force
For an additional amount for ``Military Personnel, Air Force'',
$5,175,000, to remain available until September 30, 2024, to respond to
the situation in Ukraine and for related expenses: Provided, That such
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That such
amount shall be available only if the President designates such amount
as an emergency requirement pursuant to section 251(b)(2)(A).
military personnel, space force
For an additional amount for ``Military Personnel, Space Force'',
$931,000, to remain available until September 30, 2024, to respond to
the situation in Ukraine and for related expenses: Provided, That such
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That such
amount shall be available only if the President designates such amount
as an emergency requirement pursuant to section 251(b)(2)(A).
Operation and Maintenance
operation and maintenance, army
For an additional amount for ``Operation and Maintenance, Army'',
$852,371,000, to remain available until September 30, 2024, to respond
to the situation in Ukraine and for related expenses: Provided, That
such amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That such
amount shall be available only if the President designates such amount
as an emergency requirement pursuant to section 251(b)(2)(A).
operation and maintenance, navy
For an additional amount for ``Operation and Maintenance, Navy'',
$310,935,000, to remain available until September 30, 2024, to respond
to the situation in Ukraine and for related expenses: Provided, That
such amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That such
amount shall be available only if the President designates such amount
as an emergency requirement pursuant to section 251(b)(2)(A).
operation and maintenance, marine corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $4,055,000, to remain available until September 30, 2024, to
respond to the situation in Ukraine and for related expenses: Provided,
That such amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided further,
That such amount shall be available only if the President designates
such amount as an emergency requirement pursuant to section
251(b)(2)(A).
operation and maintenance, air force
For an additional amount for ``Operation and Maintenance, Air
Force'', $265,426,000, to remain available until September 30, 2024, to
respond to the situation in Ukraine and for related expenses: Provided,
That such amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided further,
That such amount shall be available only if the President designates
such amount as an emergency requirement pursuant to section
251(b)(2)(A).
operation and maintenance, space force
For an additional amount for ``Operation and Maintenance, Space
Force'', $1,875,000, to remain available until September 30, 2024, to
respond to the situation in Ukraine and for related expenses: Provided,
That such amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided further,
That such amount shall be available only if the President designates
such amount as an emergency requirement pursuant to section
251(b)(2)(A).
operation and maintenance, defense-wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $9,884,501,000, to remain available until September 30, 2024,
to respond to the situation in Ukraine and for related expenses:
Provided, That of the total amount provided by this paragraph,
$5,000,000,000, to remain available until September 30, 2026, shall be
for the Ukraine Security Assistance Initiative: Provided further, That
such funds for the Ukraine Security Assistance Initiative shall be
available to the Secretary of Defense under the same terms and
conditions as are provided for under this heading in the Additional
Ukraine Supplemental Appropriations Act, 2023 (division M of Public Law
117-328) and shall be available notwithstanding section 8135 of the
Department of Defense Appropriation Act, 2023 (division C of Public Law
117-328) or any similar provision in any other Act making
appropriations for the Department of Defense: Provided further, That of
the total amount provided by this paragraph, up to $4,500,000,000, to
remain available until September 30, 2026, may be transferred to
accounts under the headings ``Operation and Maintenance'',
``Procurement'', ``Research, Development, Test and Evaluation'', and
``Revolving and Management Funds'' for replacement, through new
procurement or repair of existing unserviceable equipment, of defense
articles from the stocks of the Department of Defense, and for
reimbursement for defense services of the Department of Defense and
military education and training, provided to the government of Ukraine
or to foreign countries that have provided support to Ukraine at the
request of the United States: Provided further, That amounts made
available by this paragraph may also be transferred to accounts under
the heading ``Procurement'' for expansion of public and private plants,
including the land necessary therefor, and procurement and installation
of equipment, appliances, and machine tools in such plants, for the
purpose of increasing production of critical munitions: Provided
further, That for purposes of the preceding proviso, such funds may be
obligated or expended for planning and design and military construction
projects not otherwise authorized by law: Provided further, That funds
transferred pursuant to a transfer authority provided by this paragraph
shall be merged with and available for the same purposes and for the
same time period as the appropriations to which the funds are
transferred: Provided further, That the Secretary of Defense shall
notify the congressional defense committees of the details of such
transfers not less than 15 days before any such transfer: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back and merged with
this appropriation: Provided further, That any transfer authority
provided herein is in addition to any other transfer authority provided
by law: Provided further, That such amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That such amount shall be available only if
the President designates such amount as an emergency requirement
pursuant to section 251(b)(2)(A).
Procurement
missile procurement, army
For an additional amount for ``Missile Procurement, Army'',
$755,000,000, to remain available until September 30, 2026, to respond
to the situation in Ukraine and for related expenses: Provided, That
such amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That such
amount shall be available only if the President designates such amount
as an emergency requirement pursuant to section 251(b)(2)(A).
procurement of ammunition, army
For an additional amount for ``Procurement of Ammunition, Army'',
$4,500,000, to remain available until September 30, 2026, to respond to
the situation in Ukraine and for related expenses: Provided, That such
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That such
amount shall be available only if the President designates such amount
as an emergency requirement pursuant to section 251(b)(2)(A).
procurement of ammunition, navy and marine corps
For an additional amount for ``Procurement of Ammunition, Navy and
Marine Corps'', $43,750,000, to remain available until September 30,
2026, to respond to the situation in Ukraine and for related expenses:
Provided, That such amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended: Provided
further, That such amount shall be available only if the President
designates such amount as an emergency requirement pursuant to section
251(b)(2)(A).
other procurement, navy
For an additional amount for ``Other Procurement, Navy'',
$9,100,000, to remain available until September 30, 2026, to respond to
the situation in Ukraine and for related expenses: Provided, That such
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That such
amount shall be available only if the President designates such amount
as an emergency requirement pursuant to section 251(b)(2)(A).
aircraft procurement, air force
For an additional amount for ``Aircraft Procurement, Air Force'',
$1,750,000, to remain available until September 30, 2026, to respond to
the situation in Ukraine and for related expenses: Provided, That such
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That such
amount shall be available only if the President designates such amount
as an emergency requirement pursuant to section 251(b)(2)(A).
other procurement, air force
For an additional amount for ``Other Procurement, Air Force'',
$694,382,000, to remain available until September 30, 2026, to respond
to the situation in Ukraine and for other expenses: Provided, That such
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That such
amount shall be available only if the President designates such amount
as an emergency requirement pursuant to section 251(b)(2)(A).
procurement, defense-wide
For an additional amount for ``Procurement, Defense-Wide'',
$22,685,000, to remain available until September 30, 2026, to respond
to the situation in Ukraine and for related expenses: Provided, That
such amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That such
amount shall be available only if the President designates such amount
as an emergency requirement pursuant to section 251(b)(2)(A).
Research, Development, Test and Evaluation
research, development, test and evaluation, navy
For an additional amount for ``Research, Development, Test and
Evaluation, Navy'', $9,239,000, to remain available until September 30,
2025, to respond to the situation in Ukraine and for related expenses:
Provided, That such amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended: Provided
further, That such amount shall be available only if the President
designates such amount as an emergency requirement pursuant to section
251(b)(2)(A).
research, development, test and evaluation, air force
For an additional amount for ``Research, Development, Test and
Evaluation, Air Force'', $101,795,000, to remain available until
September 30, 2025, to respond to the situation in Ukraine and for
related expenses: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That such amount shall be available only if
the President designates such amount as an emergency requirement
pursuant to section 251(b)(2)(A).
research, development, test and evaluation, defense-wide
For an additional amount for ``Research, Development, Test and
Evaluation, Defense-Wide'', $56,414,000, to remain available until
September 30, 2025, to respond to the situation in Ukraine and for
related expenses: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That such amount shall be available only if
the President designates such amount as an emergency requirement
pursuant to section 251(b)(2)(A).
Related Agencies
intelligence community management account
For an additional amount for ``Intelligence Community Management
Account'', $2,000,000, to remain available until September 30, 2024, to
respond to the situation in Ukraine and for related expenses: Provided,
That such amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided further,
That such amount shall be available only if the President designates
such amount as an emergency requirement pursuant to section
251(b)(2)(A).
TITLE II--ENERGY
DEPARTMENT OF ENERGY
National Nuclear Security Administration
federal salaries and expenses
For an additional amount for ``Federal Salaries and Expenses'',
$1,944,000, to remain available until September 30, 2025, to respond to
the situation in Ukraine and for related expenses: Provided, That such
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That such
amount shall be available only if the President designates such amount
as an emergency requirement pursuant to section 251(b)(2)(A).
defense nuclear nonproliferation
For an additional amount for ``Defense Nuclear Nonproliferation'',
$66,285,000, to remain available until expended, to respond to the
situation in Ukraine and for related expenses: Provided, That such
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That such
amount shall be available only if the President designates such amount
as an emergency requirement pursuant to section 251(b)(2)(A).
TITLE III--HEALTH
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
refugee and entrant assistance
For an additional amount for ``Refugee and Entrant Assistance'',
$100,000,000, to remain available until September 30, 2025: Provided,
That amounts made available under this heading in this Act may be used
for grants or contracts with qualified organizations, including
nonprofit entities, to provide culturally and linguistically
appropriate services, including wraparound services, housing
assistance, medical assistance, legal assistance, and case management
assistance: Provided further, That amounts made available under this
heading in this Act may be used by the Director of the Office of
Refugee Resettlement (Director) to issue awards or supplement awards
previously made by the Director: Provided further, That the Director,
in carrying out section 412(c)(1)(A) of the Immigration and Nationality
Act (8 U.S.C. 1552(c)(1)(A)) with amounts made available under this
heading in this Act, may allocate such amounts among the States in a
manner that accounts for the most current data available: Provided
further, That such amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided further,
That such amount shall be available only if the President designates
such amount as an emergency requirement pursuant to section
251(b)(2)(A).
TITLE IV--STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS
DEPARTMENT OF STATE AND RELATED AGENCY
Administration of Foreign Affairs
diplomatic programs
For an additional amount for ``Diplomatic Programs'', $28,200,000,
to remain available until September 30, 2025, to respond to the
situation in Ukraine and in countries impacted by the situation in
Ukraine: Provided, That such amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended: Provided
further, That such amount shall be available only if the President
designates such amount as an emergency requirement pursuant to section
251(b)(2)(A).
BILATERAL ECONOMIC ASSISTANCE
international disaster assistance
For an additional amount for ``International Disaster Assistance'',
$1,300,000,000, to remain available until expended, to address
humanitarian needs in Ukraine and countries impacted by the situation
in Ukraine, including the provision of emergency food and shelter, and
for assistance for other vulnerable populations and communities:
Provided, That such amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended: Provided
further, That such amount shall be available only if the President
designates such amount as an emergency requirement pursuant to section
251(b)(2)(A).
transition initiatives
For an additional amount for ``Transition Initiatives'',
$25,000,000, to remain available until expended, for assistance for
Ukraine and countries impacted by the situation in Ukraine: Provided,
That such amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided further,
That such amount shall be available only if the President designates
such amount as an emergency requirement pursuant to section
251(b)(2)(A).
economic support fund
For an additional amount for ``Economic Support Fund,''
$3,360,000,000, to remain available until September 30, 2025, for
Ukraine, and countries impacted by the situation in Ukraine: Provided,
That funds appropriated under this heading in this Act may be made
available notwithstanding any other provision of law: Provided further,
That funds appropriated under this heading in this Act may be made
available as contributions: Provided further, That such amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That such amount
shall be available only if the President designates such amount as an
emergency requirement pursuant to section 251(b)(2)(A).
assistance for europe, eurasia and central asia
For an additional amount for ``Assistance for Europe, Eurasia and
Central Asia'', $778,800,000, to remain available until September 30,
2025, for assistance and related programs for Ukraine and other
countries identified in section 3 of the FREEDOM Support Act (22 U.S.C.
5801) and section 3(c) of the Support for East European Democracy
(SEED) Act of 1989 (22 U.S.C. 5402(c)): Provided, That funds
appropriated under this heading in this Act may be made available
notwithstanding any other provision of law: Provided further, That
funds appropriated under this heading in this Act may be made available
as contributions: Provided further, That such amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended: Provided further, That such amount shall be
available only if the President designates such amount as an emergency
requirement pursuant to section 251(b)(2)(A).
Department of State
migration and refugee assistance
For an additional amount for ``Migration and Refugee Assistance'',
$700,000,000, to remain available until expended, to address
humanitarian needs in, and to assist refugees from, Ukraine, and for
additional support for other vulnerable populations and communities:
Provided, That such amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended: Provided
further, That such amount shall be available only if the President
designates such amount as an emergency requirement pursuant to section
251(b)(2)(A).
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For an additional amount for ``International Narcotics Control and
Law Enforcement'', $63,000,000, to remain available until September 30,
2025, for assistance for Ukraine and countries impacted by the
situation in Ukraine: Provided, That funds appropriated by this Act and
other Acts making appropriations for the Department of State, foreign
operations, and related programs may be made available to support the
State Border Guard Service of Ukraine and National Police of Ukraine,
including units supporting or under the command of the Armed Forces of
Ukraine: Provided further, That such amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That such amount shall be available only if
the President designates such amount as an emergency requirement
pursuant to section 251(b)(2)(A).
nonproliferation, anti-terrorism, demining and related programs
For an additional amount for ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'', $94,000,000, to remain available until
September 30, 2025, for assistance for Ukraine and countries impacted
by the situation in Ukraine: Provided, That such amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended: Provided further, That such amount shall be
available only if the President designates such amount as an emergency
requirement pursuant to section 251(b)(2)(A).
foreign military financing program
For an additional amount for ``Foreign Military Financing
Program'', $1,000,000,000, to remain available until September 30,
2025: Provided, That funds made available under this heading in this
Act and prior Acts making appropriations for the Department of State,
foreign operations, and related programs, in addition to funds
otherwise available for such purposes, may be used by the Department of
State for necessary expenses for the general costs of administering
military assistance and sales, including management and oversight of
such programs and activities: Provided further, That amounts made
available under this heading in this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs shall be available for the cost of loans and loan
guarantees as authorized by section 2606 of the Ukraine Supplemental
Appropriations Act, 2022 (division N of Public Law 117-103), as
amended, subject to the terms and conditions provided in such section,
or as otherwise authorized by law: Provided further, That direct loans
made using amounts described in the preceding proviso may be made
notwithstanding any provision of law limiting the interest rate charged
to borrowers: Provided further, That loan guarantees made using amounts
described in the second proviso under this heading for loans financed
by the Federal Financing Bank may be provided notwithstanding any
provision of law limiting the percentage of loan principal that may be
guaranteed: Provided further, That such amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That such amount shall be available only if
the President designates such amount as an emergency requirement
pursuant to section 251(b)(2)(A).
MULTILATERAL ASSISTANCE
International Financial Institutions
contribution to the international bank for reconstruction and
development
For an additional amount for ``Contribution to the International
Bank for Reconstruction and Development'', $494,375,000, to remain
available until expended: Provided, That such amount shall be available
for the cost, as defined in section 502 of the Congressional Budget Act
of 1974, of loan guarantees to the International Bank for
Reconstruction and Development, in addition to amounts otherwise
available for such purposes: Provided further, That such amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That such amount
shall be available only if the President designates such amount as an
emergency requirement pursuant to section 251(b)(2)(A).
For an additional amount for ``Contribution to the International
Bank for Reconstruction and Development'', $755,625,000, to remain
available until expended: Provided, That such amount shall be for a
contribution to the International Bank for Reconstruction and
Development's Multidonor Trust Fund for Innovative Global Public Goods
Solutions (``IBRD GPG Fund''): Provided further, That such amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That such amount
shall be available only if the President designates such amount as an
emergency requirement pursuant to section 251(b)(2)(A).
Other
international infrastructure fund
For necessary expenses for the provision of assistance for
infrastructure projects globally, which shall be administered by the
Secretary of State, in addition to any other funds made available for
such purposes, $1,000,000,000, to remain available until expended:
Provided, That such amounts may be made available as contributions:
Provided further, That amounts made available under this heading may be
transferred to the accounts of other Federal departments and agencies,
as appropriate, for the purposes provided herein, notwithstanding any
other provision of law: Provided further, That amounts transferred to
the Export-Import Bank of the United States and the United States
International Development Finance Corporation pursuant to the preceding
proviso may be made available for the cost of direct loans and loan
guarantees, including the cost of modifying such loans and loan
guarantees, as defined in section 502 of the Congressional Budget Act
of 1974: Provided further, That such amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That such amount shall be available only if
the President designates such amount as an emergency requirement
pursuant to section 251(b)(2)(A).
countering russian malign actors in africa fund
For necessary expenses for the provision of assistance to counter
the influence of, and build resistance to, Vagner, other paramilitary
groups, and associated entities acting in Africa on behalf of or in
support of Russia, $200,000,000, to remain available until expended:
Provided, That amounts made available under this heading in this Act
may be transferred to and merged with funds made available under the
headings ``Economic Support Fund'', ``International Narcotics Control
and Law Enforcement'', ``Peacekeeping Operations'', ``Nonproliferation,
Anti-terrorism, Demining and Related Programs'', ``International
Military Education and Training'', ``Foreign Military Financing'',
``Transition Initiatives'', ``Diplomatic Programs'', and ``United
States Agency for International Development--Operating Expenses'' in
this or any other Acts making appropriations for the Department of
State, foreign operations, and related programs for the purposes of
this account and related expenses: Provided further, That such transfer
authority is in addition to any other transfer authority provided by
law: Provided further, That funds appropriated under this heading in
this Act, including funds transferred to and merged with other accounts
pursuant to this section, may be made available notwithstanding any
other provision of law and may be made available as contributions:
Provided further, That funds appropriated under this heading in this
Act, including funds transferred to and merged with funds under the
heading ``Economic Support Fund'', may be made available
notwithstanding any other provision of law for Disarmament,
Demobilization, Reintegration and Resettlement programs, which may
include the participation of military personnel and other armed groups:
Provided further, That the authority under section 7008(b) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2023 (division K of Public Law 117-328) shall apply
with respect to funds made available under this heading: Provided
further, That such amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided further,
That such amount shall be available only if the President designates
such amount as an emergency requirement pursuant to section
251(b)(2)(A).
TITLE V--GENERAL PROVISIONS
Sec. 501. (a) Section 401(a)(1)(A) of the Additional Ukraine
Supplemental Appropriations Act, 2022 (Public Law 117-128) is amended
by striking ``September 30, 2023'' and inserting ``September 30,
2024''.
(b) Amounts provided by this section are designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended:
Provided, That such amounts shall be available only if the President
designates such amount as an emergency requirement pursuant to section
251(b)(2)(A).
Sec. 502. During fiscal year 2024, section 506(a)(1) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)(1)) shall be applied
by substituting ``$1,100,000,000'' for ``$100,000,000''.
Sec. 503. Section 2606 of the Ukraine Supplemental Appropriations
Act, 2022 (division N of Public Law 117-103), as amended by section 504
of the Additional Ukraine Supplemental Appropriations Act, 2022 (Public
Law 117-128), is further amended--
(1) in subsection (a)--
(A) by striking ``and North Atlantic Treaty
Organization (NATO) allies'' and inserting ``, North
Atlantic Treaty Organization (NATO) allies, and major
non-NATO allies'';
(B) by striking ``$4,000,000,000'' and inserting
``$8,000,000,000''; and
(C) by striking ``, except that such rate may not
be less than the prevailing interest rate on marketable
Treasury securities of similar maturity''; and
(2) in subsection (b)--
(A) by striking ``and NATO allies'' and inserting
``, NATO allies, and major non-NATO allies'';
(B) by striking ``$4,000,000,000'' and inserting
``$8,000,000,000''; and
(C) by adding the following at the end of the
second proviso: ``, except for guarantees of loans
financed by the Federal Financing Bank''.
Sec. 504. Notwithstanding any other provision of law, funds made
available under the headings ``Economic Support Fund'', ``Assistance
for Europe, Eurasia, and Central Asia'', ``Development Assistance'',
``Transition Initiatives'', ``Complex Crises Fund'', and ``Global
Health Programs'' in this or any other Act making appropriations for
the Department of State, foreign operations, and related programs may
be made available to support the reintegration of, and provide other
assistance for, veterans of the Ukrainian military, including
reservists.
Sec. 505. (a) Funds made available in this Act under the headings
``Economic Support Fund'' and ``Assistance for Europe, Eurasia and
Central Asia'' may be transferred to, and merged with, funds made
available in other Acts making appropriations for the Department of
State, foreign operations, and related programs under the headings
``United States International Development Finance Corporation--
Corporate Capital Account'', ``United States International Development
Finance Corporation--Program Account'', ``Export-Import Bank of the
United States--Program Account'', ``Department of the Treasury--
International Affairs Technical Assistance'', and ``United States
Agency for International Development--Funds Appropriated to the
President--Operating Expenses'' to respond to the situation in Ukraine
and in countries impacted by the situation in Ukraine.
(b) The transfer authority provided by this section is in addition
to any other transfer authority provided by law.
(c) Upon a determination that all or part of the funds transferred
pursuant to this section are not necessary for such purposes, such
amounts may be transferred back to such appropriations.
Sec. 506. Amounts appropriated in prior Acts under the heading
``Multilateral Assistance--International Financial Institutions--
Contributions to the International Monetary Fund Facilities and Trust
Funds'' shall be available to cover the cost, as defined in section 502
of the Congressional Budget Act of 1974 (2 U.S.C. 661a), of loans made
by the Secretary of the Treasury to the Poverty Reduction and Growth
Trust (PRGT) or to the Resilience and Sustainability Trust (RST) of the
IMF: Provided, That these funds shall be available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$21,000,000,000 in the aggregate, and the Secretary of the Treasury is
authorized to make such loans.
Sec. 507. Funds appropriated in this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs may be reprogrammed for assistance for Ukraine without
regard to any minimum amounts specifically designated in such Acts.
Sec. 508. During fiscal year 2024, section 614 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2364) shall be applied--
(1) in subsection (a)(4)(A)(ii), by substituting
``$500,000,000'' for ``$250,000,000''; and
(2) in subsection (a)(4)(C) by substituting
``$250,000,000'' for ``$50,000,000'', ``$500,000,000'' for
``$250,000,000'', and ``$1,250,000,000'' for
``$1,000,000,000''.
Sec. 509. (a) Not later than 60 days after the date of enactment of
this Act, the President shall submit to the Speaker of the House of
Representatives, the President Pro Tempore of the Senate, and the
appropriate congressional committees a strategy to prioritize United
States national security interests and respond to Russian aggression in
Ukraine and its impact on the region, which shall include an
explanation of how United States assistance for Ukraine and affected
countries in the region advances the objectives of such strategy:
Provided, That such strategy shall include clear goals, benchmarks,
timelines, and strategic objectives with respect to funds appropriated
by this Act and prior Acts making appropriations for the Department of
State, foreign operations, and related programs that are made available
for assistance for Ukraine: Provided further, That such strategy shall
also include details on the staffing requirements necessary to carry
out such strategy.
(b)(1) Funds appropriated under this Act shall be made available to
support additional staff in Ukraine and neighboring countries to
conduct monitoring and oversight of funds and ensure the safety and
security of United States personnel.
(2) Funds appropriated under this Act and made available
for assistance for Ukraine shall only be made available to
support the ability of the Government of Ukraine to--
(A) defend their sovereignty and withstand the
impacts of Russia's invasion;
(B) combat corruption; and
(C) promote transparency and democracy.
(c) Funds appropriated by this Act under the headings ``Economic
Support Fund'', ``Assistance for Europe, Eurasia and Central Asia'',
``International Narcotics Control and Law Enforcement'', and
``Nonproliferation, Anti-Terrorism, Demining and Related Programs'',
and made available for project-based assistance for Ukraine may not be
obligated for any project or activity that is--
(1) not regularly accessible for the purpose of conducting
effective oversight in accordance with applicable federal
statutes and regulations; and
(2) conducted in areas where project and resource
disbursement monitoring cannot be performed by United States
personnel or by vetted third party monitors unless the
Secretary of State, in consultation with the Administrator of
the United States Agency for International Development,
certifies and reports to the appropriate congressional
committees that to do so is in the national security interest
of the United States: Provided, That such report shall include
a detailed justification for waiving such limitations.
(d)(1) At any time during fiscal years 2024 and 2025, no United
States contribution from funds appropriated under this Act to the
Government of Ukraine may cause the total amount of United States
Government contributions from funds appropriated under this Act to the
Government of Ukraine to exceed 50 percent of the total amount of non-
defense funds contributed to the Government of Ukraine from all
sources.
(2) The President may waive the limitation of paragraph (1)
if the President determines that the limitation included
therein threatens the national security interest of the United
States.
(3) The President shall notify the appropriate
congressional committees not less than 5 days before making the
determination in paragraph (2) and shall include in the
notification--
(A) a detailed justification as to why the
limitation of paragraph (1) threatens the national
security interest of the United States; and
(B) an explanation as to why other donors to the
Government of Ukraine are unable to match United States
assistance.
(4) If the President makes the determination described in
paragraph (2), the Secretary of State shall submit a report to
Speaker of the House of Representatives, the President Pro
Tempore of the Senate, and the appropriate congressional
committees every 120 days for the duration of such
determination detailing steps taken to increase other donor
contributions and an update to the justification required by
paragraph (3).
(e) Not later than 15 days prior to the initial obligation of funds
made available for assistance for Ukraine under the headings ``Economic
Support Fund'', ``Assistance for Europe, Eurasia and Central Asia'',
``International Narcotics Control and Law Enforcement'',
``Nonproliferation, Anti-Terrorism, Demining and Related Programs'',
and ``Foreign Military Financing Program'', the Secretary of State,
following consultation with the USAID Administrator, shall certify and
report to the appropriate congressional committees that mechanisms for
monitoring and oversight of funds are in place and functioning across
all programs and activities to ensure accountability of such funds to
prevent waste, fraud, abuse, diversion, and corruption, including such
mechanisms as--
(1) use of third-party monitors;
(2) enhanced end-use monitoring;
(3) external and independent audits and evaluations;
(4) randomized spot checks; and
(5) regular reporting on outcomes achieved and progress
made toward stated program objectives.
(f) The requirements of section 1705 of the Additional Ukraine
Supplemental Appropriations Act, 2023 (division M of Public Law 117-
328) shall apply to funds appropriated by this Act that are made
available for assistance for Ukraine for such purposes.
(g)(1) None of the funds appropriated under this Act may be
obligated or expended for assistance for Afghanistan, Burma, Central
African Republic, Cambodia, Colombia, Cuba, El Salvador, Ethiopia,
Haiti, Honduras, Iran, Iraq, Lebanon, Libya, Mexico, Nicaragua,
Pakistan, the Russian Federation, Rwanda, Somalia, South Sudan, Sudan,
Syria, Tunisia, Venezuela, Yemen, and Zimbabwe except as provided
through the regular notification procedures of the Committees on
Appropriations.
(2) Notifications submitted pursuant to the requirement of
paragraph (1) with respect to assistance for Ukraine shall
include for each program notified, as applicable--
(A) the total amount made available for such
program by account and fiscal year;
(B) any amount that remains unobligated for such
program;
(C) any amount that is obligated but unexpended for
such program; and
(D) any amount committed but not yet notified for
such program.
(h) Not later than 60 days after the date of enactment of this Act
and every 90 days thereafter until all such funds have been expended,
the Secretary of State and the USAID Administrator shall provide a
comprehensive report to the appropriate congressional committees on
assistance for Ukraine since February 24, 2022 that includes total
amounts--
(1) made available by account and fiscal year;
(2) that remain unobligated;
(3) that is obligated but unexpended; and
(4) that is committed but not yet notified.
(i) Not later than 90 days after the date of enactment of this Act
and every 90 days thereafter until all such funds have been expended,
the Secretary of State, in coordination with the USAID Administrator,
shall report to the appropriate congressional committees on the use and
planned uses of funds provided for Ukraine, including categories and
amounts, the intended results and the results achieved, a summary of
other donor contributions, and a description of the efforts undertaken
by the Secretary and Administrator to increase other donor
contributions: Provided, That such reports shall also include the
metrics established to measure such results and determine effectiveness
of funds provided and a detailed description of coordination and
information sharing with the Offices of the Inspectors General,
including a full accounting of any reported allegations of waste,
fraud, abuse, and corruption, steps taken to verify such allegations,
and steps taken to address all verified allegations.
Sec. 510. (a) Not later than 180 days after the date of the
enactment of this Act, the Inspector General of the Department of
Defense shall submit to Congress a report reconciling all United States
assistance to Ukraine, including all normal and supplemental Ukraine
appropriations and drawdowns, from January 1, 2022, through the date of
such submission. The report shall specifically detail the countries,
entities, and individuals who received such assistance.
(b) The report required under subsection (a) shall also detail the
following:
(1) All contracts awarded to third parties with enumerated
amounts, including an identification of each such third party
recipient and a specification of the amount awarded to each
such third party.
(2) The total of appropriated or authorized amounts that
have been obligated or expended, as well as the total amounts
of authorized or appropriated funds that have not been so
obligated or expended.
(c) The report required under subsection (a) shall be submitted in
unclassified form but may contain a classified annex.
DIVISION I--BUDGETARY MATTERS
SEC. 101. STATUTORY PAYGO SCORECARDS.
The budgetary effects of this division and each succeeding division
shall not be entered on either PAYGO scorecard maintained pursuant to
section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
SEC. 102. SENATE PAYGO SCORECARDS.
The budgetary effects of this division and each succeeding division
shall not be entered on any PAYGO scorecard maintained for purposes of
section 4106 of H. Con. Res. 71 (115th Congress).
SEC. 103. CLASSIFICATION OF BUDGETARY EFFECTS.
Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set
forth in the joint explanatory statement of the committee of conference
accompanying Conference Report 105-217 and section 250(c)(8) of the
Balanced Budget and Emergency Deficit Control Act of 1985, the
budgetary effects of this division and each succeeding division shall
not be estimated--
(1) for purposes of section 251 of such Act;
(2) for purposes of an allocation to the Committee on
Appropriations pursuant to section 302(a) of the Congressional
Budget Act of 1974; and
(3) for purposes of paragraph (4)(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
DIVISION II--IMMIGRATION
SEC. 101. TEMPORARY EXPULSION OF INADMISSIBLE ARRIVING ALIENS.
(a) In General.--Notwithstanding any other provision of law, during
the period beginning on the date of the enactment of this Act and
ending on December 31, 2024, an immigration officer who determines that
an alien who is arriving in the United States at or along the border
between the United States and Mexico is inadmissible under section
paragraph (6)(C) or (7) of section 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)), shall, subject to sections 102 and
103, process the alien for expulsion from the United States without
further hearing or review.
(b) Detention Pending Expulsion.--An alien subject to expulsion
under subsection (a) shall be detained pending expulsion.
SEC. 102. COUNTRIES TO WHICH ALIENS MAY BE EXPELLED.
(a) In General.--Except as provided in subsection (b), an alien who
is processed for expulsion pursuant to section 101(a) shall be expelled
to Mexico.
(b) Alternative Countries.--If the Government of Mexico is
unwilling to accept an alien subject to expulsion under section 101(a)
into the territory of Mexico or if the Secretary of Homeland Security
determines that expulsion to Mexico would not be in the national
interest of the United States, such alien shall be expelled, as
directed by the Secretary, to--
(1) the country of which such alien is a citizen, subject,
or national;
(2) the country in which such alien was born;
(3) the country in which such alien has a residence; or
(4) a country with a government that will accept such alien
into its territory if expulsion to each country described in
paragraphs (1) through (3) is impracticable, inadvisable, or
impossible.
(c) Restriction on Expulsion to a Country Where an Alien Would Be
Threatened With Persecution or Torture.--
(1) In general.--Notwithstanding subsections (a) and (b),
and except as provided in paragraph (2), the Secretary of
Homeland Security may not expel an alien to a country if--
(A) the alien's life or freedom would be threatened
in such country because of such alien's race religion,
nationality, membership in a particular social group or
political opinion; or
(B) there are substantial grounds for believing
that such alien would be in danger of being subjected
to torture if expelled to such country.
(2) Exception.--Paragraph (1) shall not apply--
(A) to an alien who is deportable under section
237(a)(4)(D) of the Immigration and Nationality Act (8
U.S.C. 1227(a)(4)(D)); or
(B) if the Secretary of Homeland Security
determines that--
(i) the alien ordered, incited, assisted,
or otherwise participated in the persecution of
an individual because of the individual's race,
religion, nationality, membership in a
particular social group, or political opinion;
(ii) the alien, having been convicted by a
final judgement of a particularly serious
crime, is a danger to the citizens of the
United States;
(iii) there are serious reasons to believe
that the alien committed a serious nonpolitical
crime outside the United States before the
alien arrived in the United States; or
(iv) there are reasonable grounds to
believe that the alien is a danger to the
national security of the United States.
(3) Determinations.--
(A) Particularly serious crime.--For purposes of
paragraph (2)(B)(ii), an alien who has been convicted
of an aggravated felony or felonies for which the alien
has been sentenced to an aggregate term of imprisonment
of not less than 5 years shall be considered to have
committed a particularly serious crime. Notwithstanding
the previous sentence, the Secretary of Homeland
Security may determine that an alien sentenced to an
aggregate term of imprisonment of less than 5 years has
been convicted of a particularly serious crime.
(B) Danger to national security.--For purposes of
paragraph (2)(B)(iv), an alien who is described in
section 237(a)(4)(B) of the Immigration and Nationality
Act (8 U.S.C. 1227(a)(4)(B)) shall be considered to be
an alien with respect to whom there are reasonable
grounds for regarding as a danger to the national
security of the United States.
(4) Referral to asylum officer.--
(A) Referral.--If an alien expresses to an
immigration officer a fear that such alien's life or
freedom would be threatened in the country to which
such alien will be expelled or that the alien would be
in danger of being subjected to torture in such
country, the immigration officer shall refer the alien
for an interview by an asylum officer employed in the
Refugee, Asylum and International Operations
Directorate of U.S. Citizenship and Immigration
Services for a determination pursuant to paragraphs (1)
and (2).
(B) Burden of proof; credibility.--In determining
whether an alien has demonstrated that such alien's
life or freedom would be threatened for a reason
described in paragraph (1)(A) or whether the alien
would be subjected to torture described in subparagraph
(1)(B), the asylum officer shall--
(i) determine whether the alien has
sustained the alien's burden of proof; and
(ii) make credibility determinations, in
the manner described in clauses (ii) and (iii)
of section 208(b)(1)(B) of the Immigration and
Nationality Act (8 U.S.C. 1158(b)(1)(B)).
SEC. 103. WAIVER AUTHORITY.
(a) In General.--The Office of Field Operations Port Director
(referred to in this subsection as ``Director'') for each land port of
entry situated on the border between the United States and Mexico shall
coordinate with the Commissioner of U.S. Customs and Border Protection
to determine the maximum number of aliens per day that the Office of
Field Operations staff at such port are capable of--
(1) safely processing through such port of entry; and
(2) placing with nongovernmental organizations to provide
short term shelter and services.
(b) Strategy.--At the time of a determination under subsection (a),
the Director shall develop a strategy to safely and humanely identify
eligible individuals in the United States, giving priority to
individuals who--
(1) have a disability or an acute medical condition;
(2) are in need of advanced medical care that cannot be
obtained in their current location; or
(3) are described in section 102(c)(1).
(c) Exception.--An immigration officer, after approval from the
Commissioner of U.S. Customs and Border Protection, may, on a case-by-
case basis, except an alien from expulsion based on the totality of the
circumstances, including consideration of significant law enforcement
officer, public safety, humanitarian, and public health interests. An
alien who has been excepted from expulsion under this subsection shall
be processed in accordance with the immigration laws (as defined in
section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(17)).
DIVISION III--EXTENDERS
SUBDIVISION A--FEDERAL AVIATION
TITLE I--FEDERAL AVIATION PROGRAMS
SEC. 101. AIRPORT IMPROVEMENT PROGRAM.
(a) Authorization of Appropriations.--Section 48103(a) of title 49,
United States Code, is amended--
(1) in paragraph (5) by striking the ``and'' at the end;
(2) in paragraph (6) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(7) $283,743,169 for the period beginning on October 1,
2023, and ending on January 11, 2024.''.
(b) Obligation Authority.--Subject to limitations specified in
advance in appropriation Acts, sums made available pursuant to the
amendment made by subsection (a) may be obligated at any time through
September 30, 2024, and shall remain available until expended.
(c) Program Implementation.--For purposes of calculating funding
apportionments and meeting other requirements under sections 47114,
47115, 47116, and 47117 of title 49, United States Code, for the period
beginning on October 1, 2023, and ending on January 11, 2024, the
Administrator of the Federal Aviation Administration shall--
(1) first calculate such funding apportionments on an
annualized basis as if the total amount available under section
48103 of such title for fiscal year 2024 was $3,350,000,000;
and
(2) then reduce by 91.67 percent--
(A) all funding apportionment amounts calculated
under paragraph (1); and
(B) amounts made available pursuant to subsections
(b) and (f)(2) of section 47117 of such title.
(d) Extension of Project Grant Authority.--Section 47104(c) of
title 49, United States Code, is amended in the matter preceding
paragraph (1) by striking ``September 30, 2023,'' and inserting
``January 11, 2024,''.
(e) Extension of Special Rule for Apportionments.--Section
47114(c)(1)(J) of title 49, United States Code, is amended by striking
``2023'' and inserting ``2023, and for the period beginning on October
1, 2023, and ending on January 11, 2024,''.
SEC. 102. EXTENSION OF EXPIRING AUTHORITIES; MISCELLANEOUS
AUTHORIZATIONS.
(a) Authority To Provide Insurance.--Section 44310(b) of title 49,
United States Code, is amended by striking ``September 30, 2023'' and
inserting ``January 11, 2024''.
(b) Unmanned Aircraft Test Ranges.--Section 44803(h) of title 49,
United States Code, is amended by striking ``September 30, 2023'' and
inserting ``January 11, 2024''.
(c) Special Authority for Certain Unmanned Aircraft Systems.--
Section 44807(d) of title 49, United States Code, is amended by
striking ``September 30, 2023'' and inserting ``January 11, 2024''.
(d) Extension of Airport Safety and Airspace Hazard Mitigation and
Enforcement.--Section 44810(h) of title 49, United States Code, is
amended by striking ``September 30, 2023'' and inserting ``January 11,
2024''.
(e) Competitive Access Reporting Requirement.--Section 47107(r)(3)
of title 49, United States Code, is amended by striking ``October 1,
2023'' and inserting ``January 12, 2024''.
(f) Marshall Islands, Micronesia, and Palau.--Section 47115(i) of
title 49, United States Code, is amended by inserting ``, and for the
period beginning on October 1, 2023, and ending on January 11, 2024''
after ``fiscal years 2018 through 2023''.
(g) Supplemental Discretionary Funds.--Section 47115(j)(4)(A) of
title 49, United States Code, is amended by inserting at the end the
following:
``(vi) $47,309,303 for the period beginning
on October 1, 2023, and ending on January 11,
2024.''.
(h) Compatible Land Use Planning and Projects by State and Local
Governments.--Section 47141(f) of title 49, United States Code, is
amended by striking ``September 30, 2023'' and inserting ``January 11,
2024''.
(i) Non-Movement Area Surveillance Pilot Program.--Section 47143(c)
of title 49, United States Code, is amended by striking ``October 1,
2023'' and inserting ``January 12, 2024''.
(j) Weather Reporting Programs.--Section 48105 of title 49, United
States Code, is amended by adding at the end the following:
``(5) $3,303,278 for the period beginning on October 1,
2023, and ending on January 11, 2024.''.
(k) Learning Period.--Section 50905(c)(9) of title 51, United
States Code, is amended by striking ``October 1, 2023'' and inserting
``January 12, 2024''.
(l) Midway Island Airport.--Section 186(d) of the Vision 100--
Century of Aviation Reauthorization Act (Public Law 108-176; 117 Stat.
2518) is amended by inserting ``and for the period beginning on October
1, 2023, and ending on January 11, 2024,'' after ``fiscal years 2018
through 2023''.
(m) Final Order Establishing Mileage and Adjustment Eligibility.--
Section 409(d) of the Vision 100--Century of Aviation Reauthorization
Act (49 U.S.C. 41731 note) is amended by striking ``September 30,
2023'' and inserting ``January 11, 2024''.
(n) Contract Weather Observers.--Section 2306(b) of the FAA
Extension, Safety, and Security Act of 2016 (Public Law 114-190; 130
Stat. 641) is amended by striking ``October 1, 2023'' and inserting
``January 12, 2024''.
(o) Remote Tower Pilot Program.--Section 161(a)(10) of the FAA
Reauthorization Act of 2018 (49 U.S.C. 47104 note) is amended by
striking ``September 30, 2023'' and inserting ``January 11, 2024''.
(p) Airport Access Roads in Remote Locations; Storage Facilities
for Snow Removal Equipment.--Section 162 of the FAA Reauthorization Act
of 2018 (49 U.S.C. 47102 note) is amended by inserting ``and for the
period beginning on October 1, 2023, and ending on January 11, 2024''
after ``fiscal years 2018 through 2023''.
(q) UAS Remote Detection and Identification Pilot Program.--Section
372(d) of the FAA Reauthorization Act of 2018 (49 U.S.C. 44810 note) is
amended by striking ``September 30, 2023'' and inserting ``January 11,
2024''.
(r) Advisory Committee for Aviation Consumer Protection.--Section
411(h) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 42301
note) is amended by striking ``September 30, 2023'' and inserting
``January 11, 2024''.
(s) Aviation Consumer Advocate.--Section 424(e) of the FAA
Reauthorization Act of 2018 (49 U.S.C. 42302 note) is amended by
striking ``September 30, 2023'' and inserting ``January 11, 2024''.
(t) Advisory Committee on Air Travel Needs of Passengers With
Disabilities.--Section 439(g) of the FAA Reauthorization Act of 2018
(49 U.S.C. 41705 note) is amended by striking ``September 30, 2023''
and inserting ``January 11, 2024''.
(u) Enhanced Traffic Services.--Section 547(e) of the FAA
Reauthorization Act of 2018 (49 U.S.C. 40103 note) is amended by
striking ``September 30, 2023'' and inserting ``January 11, 2024''.
(v) Pilot Program for Redevelopment of Airport Properties.--Section
822(k) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 47141
note) is amended by striking ``September 30, 2023'' and inserting
``January 11, 2024''.
SEC. 103. FEDERAL AVIATION ADMINISTRATION OPERATIONS.
Section 106(k) of title 49, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (E) by striking ``and'' at the
end;
(B) in subparagraph (F) by striking the period at
the end and inserting ``; and''; and
(C) by inserting after subparagraph (F) the
following:
``(G) $1,009,193,989 for the period beginning on
October 1, 2023, and ending on January 11, 2024.''; and
(2) in paragraph (3) by inserting ``and for the period
beginning on October 1, 2023, and ending on January 11, 2024''
after ``fiscal years 2018 through 2023''.
SEC. 104. AIR NAVIGATION FACILITIES AND EQUIPMENT.
Section 48101(a) of title 49, United States Code, is amended by
adding at the end the following:
``(7) $249,439,890 for the period beginning on October 1,
2023, and ending on January 11, 2024.''.
SEC. 105. RESEARCH, ENGINEERING, AND DEVELOPMENT.
Section 48102(a) of title 49, United States Code, is amended--
(1) in paragraph (14), by striking ``and'';
(2) in paragraph (15) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(16) $21,598,360 for the period beginning on October 1,
2023, and ending on January 11, 2024.''.
SEC. 106. SMALL COMMUNITY AIR SERVICE.
(a) Essential Air Service Authorization.--Section 41742(a)(2) of
title 49, United States Code, is amended by striking ``2023'' and
inserting ``2023, and $30,053,653 for the period beginning on October
1, 2023, and ending on January 11, 2024,''.
(b) Airports Not Receiving Sufficient Service.--Section 41743(e)(2)
of title 49, United States Code, is amended by inserting ``, and
$846,994 for the period beginning on October 1, 2023, and ending on
January 11, 2024,'' after ``fiscal years 2018 through 2023''.
TITLE II--AVIATION REVENUE PROVISIONS
SEC. 201. EXPENDITURE AUTHORITY FROM AIRPORT AND AIRWAY TRUST FUND.
(a) In General.--Section 9502(d)(1) of the Internal Revenue Code of
1986 is amended--
(1) in the matter preceding subparagraph (A) by striking
``October 1, 2023'' and inserting ``January 12, 2024''; and
(2) in subparagraph (A) by striking the semicolon at the
end and inserting ``or the Airport and Airway Extension Act of
2023;''.
(b) Conforming Amendment.--Section 9502(e)(2) of such Code is
amended by striking ``October 1, 2023'' and inserting ``January 12,
2024''.
SEC. 202. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST FUND.
(a) Fuel Taxes.--Section 4081(d)(2)(B) of the Internal Revenue Code
of 1986 is amended by striking ``September 30, 2023'' and inserting
``January 11, 2024''.
(b) Ticket Taxes.--
(1) Persons.--Section 4261(k)(1)(A)(ii) of such Code is
amended by striking ``September 30, 2023'' and inserting
``January 11, 2024''.
(2) Property.--Section 4271(d)(1)(A)(ii) of such Code is
amended by striking ``September 30, 2023'' and inserting
``January 11, 2024''.
(c) Fractional Ownership Programs.--
(1) Fuel tax.--Section 4043(d) of such Code is amended by
striking ``September 30, 2023'' and inserting ``January 11,
2024''.
(2) Treatment as noncommercial aviation.--Section 4083(b)
of such Code is amended by striking ``October 1, 2023'' and
inserting ``January 12, 2024''.
(3) Exemption from ticket tax.--Section 4261(j) of such
Code is amended by striking ``September 30, 2023'' and
inserting ``January 11, 2024''.
TITLE III--EXPIRING COUNTER-UAS AUTHORITIES
SEC. 301. PROTECTION OF CERTAIN FACILITIES AND ASSETS FROM UNMANNED
AIRCRAFT.
Section 210G(i) of the Homeland Security Act of 2002 (6 U.S.C.
124n(i)) is amended by striking ``on the date that is 4 years after the
date of enactment of this section'' and inserting ``on January 12,
2024''.
SUBDIVISION B--EXTENSION OF FUNDING FOR COMMUNITY HEALTH CENTERS
SEC. 101. EXTENSION FOR COMMUNITY HEALTH CENTERS, NATIONAL HEALTH
SERVICE CORPS, AND TEACHING HEALTH CENTERS THAT OPERATE
GME PROGRAMS.
(a) Teaching Health Centers That Operate Graduate Medical Education
Programs.--Section 340H(g) of the Public Health Service Act (42 U.S.C.
256h(g)) is amended--
(1) by striking ``and $126,500,000'' and inserting
``$126,500,000''; and
(2) by inserting ``and $1,128,767,124 for the period
beginning on October 1, 2023, and ending on January 11, 2024,''
before ``to remain available''.
(b) Extension for Community Health Centers.--Section 10503(b)(1)(F)
of the Patient Protection and Affordable Care Act (42 U.S.C. 254b-
2(b)(1)(F)) is amended--
(1) by striking ``and $4,000,000,000'' and inserting ``,
$4,000,000,000''; and
(2) by inserting ``, and $1,128,767,124 for the period
beginning on October 1, 2023, and ending on January 11, 2024''
before the semicolon.
(c) Extension for the National Health Service Corps.--Section
10503(b)(2) of the Patient Protection and Affordable Care Act (42
U.S.C. 254b-2(b)(2)) is amended--
(1) in subparagraph (G), by striking ``and'' at the end;
(2) in subparagraph (H), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(I) $1,128,767,124 for the period beginning on
October 1, 2023, and ending on January 11, 2024.''.
(d) Application of Provisions.--Amounts appropriated pursuant to
the amendments made by this section shall be subject to the
requirements contained in Public Law 117-328 for funds for programs
authorized under sections 330 through 340 of the Public Health Service
Act (42 U.S.C. 254b et seq.).
(e) Technical and Conforming Amendment.--Section 3014(h)(4) of
title 18, United States Code, is amended-- (1) by striking ``Other
Extensions Act,,'' and inserting ``Other Extensions Act,''; and (2) by
striking ``and section 301(d) of division BB of the Consolidated
Appropriations Act, 2021.'' and inserting ``section 301(d) of division
BB of the Consolidated Appropriations Act, 2021, and section 101(d) of
the Bipartisan Keep America Open Act''.
Subdivision C--Extension of Temporary Assistance for Needy Families
Program
Sec. 101. Activities authorized by part A of title IV (other than
under section 403(c) or 418) and section 1108(b) of the Social Security
Act shall continue through January 11, 2024, in the manner authorized
for fiscal year 2023, and out of any money in the Treasury of the
United States not otherwise appropriated, there are hereby appropriated
such sums as may be necessary for such purpose.
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