118 HR 5672 IH: Bipartisan Keep America Open Act
U.S. House of Representatives
2023-09-22
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I
118th CONGRESS
1st Session
H. R. 5672
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.
1.

Short title
This Act may be cited as the “Bipartisan Keep America Open Act”.
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
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.
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:
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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)).
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).
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.
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”.
B

Supplemental Appropriations
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.
B

Supplemental Appropriations for Ukraine
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).
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).
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).
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).
V

General Provisions
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).
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”.
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”.
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.
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.
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.
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.
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”.
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.
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.
I

Budgetary matters
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.
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).
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.
II

Immigration
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.
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)).
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)).
III

Extenders
A

Federal Aviation
I

Federal Aviation Programs
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,”.
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”.
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”.
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.”.
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.”.
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”.
II

Aviation Revenue Provisions
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”.
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”.
III

Expiring Counter-UAS Authorities
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”.
B

Extension of funding for community health centers
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”.
C

Extension of temporary assistance for needy families program
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.