{"format":1,"id":"118-hr-5525","congress":118,"number":"H.R. 5525","kind":"bill","group":"bills","title":"Continuing Appropriations and Border Security Enhancement Act, 2024","title_source":"Short Title(s) as Introduced","official_title":"Making continuing appropriations for fiscal year 2024, and for other purposes.","titles":[{"type":"Official Title as Introduced","title":"Making continuing appropriations for fiscal year 2024, and for other purposes."},{"type":"Display Title","title":"Continuing Appropriations and Border Security Enhancement Act, 2024"},{"type":"Short Title(s) as Introduced","title":"Continuing Appropriations and Border Security Enhancement Act, 2024"},{"type":"Short Title(s) as Introduced for portions of this bill","title":"Continuing Appropriations Act, 2024"}],"outcome":"failed_house","law_number":null,"introduced":"2023-09-18","chambers":{"house":{"status":"roll_call","date":"2023-09-29","vote":{"id":"118-2023-h511","question":"On Passage","title":"Spending Reduction and Border Security Act","result":"Failed","yea":198,"nay":232,"present":0,"not_voting":3,"source":"https://clerk.house.gov/evs/2023/roll511.xml"}},"senate":{"status":"na","date":null,"vote":null}},"president":{"status":"na","date":null},"vice_president_tie_breaker":null,"latest_action":{"text":"Motion to reconsider laid on the table Agreed to without objection.","date":"2023-09-29"},"nominees":null,"amendments":[],"other_votes":[{"chamber":"house","date":"2023-09-29","question":"On Motion to Recommit","title":"Spending Reduction and Border Security Act","result":"Failed","yea":210,"nay":216,"present":0,"not_voting":6,"kind":"procedural","source":"https://clerk.house.gov/evs/2023/roll510.xml"}],"crs_summary":{"date":"2023-09-18","stage":"Introduced in House","blocks":[{"k":"h","t":"Continuing Appropriations and Border Security Enhancement Act, 2024"},{"k":"p","t":"This bill provides continuing FY2024 appropriations for federal agencies through October 31, 2023. It also makes various changes to immigration law, including by imposing limits on asylum eligibility."},{"k":"p","t":"DIVISION A--CONTINUING APPROPRIATIONS ACT, 2024"},{"k":"p","t":"Continuing Appropriations Act, 2024"},{"k":"p","t":"This division provides continuing FY2024 appropriations to federal agencies through the earlier of October 31, 2023, or the enactment of the applicable appropriations act."},{"k":"p","t":"It is known as a continuing resolution (CR) and prevents a government shutdown that would otherwise occur if the FY2024 appropriations bills have not been enacted when FY2024 begins on October 1, 2023."},{"k":"p","t":"The CR generally funds defense, Department of Veterans Affairs, and disaster relief programs at the FY2023 levels and reduces funding for other programs by 8.1%. It also includes several exceptions that provide funding flexibility and additional appropriations for various programs."},{"k":"p","t":"The division extends the National Flood Insurance Program and the Department of Agriculture's Livestock Mandatory Reporting program through October 31, 2023."},{"k":"p","t":"The division also includes several provisions that prohibit the Department of Homeland Security from using the funds provided by the CR for various purposes related to immigration."},{"k":"p","t":"DIVISION B--OTHER MATTERS"},{"k":"p","t":"This division exempts the budgetary effects of this division and each succeeding division from (1) the Statutory Pay-As-You-Go Act of 2010 (PAYGO Act), (2) the Senate PAYGO rule, and (3) certain budget scorekeeping rules."},{"k":"p","t":"DIVISION C--BORDER SECURITY"},{"k":"p","t":"This division requires certain actions related to border security."},{"k":"p","t":"(Sec. 102) This section requires the Department of Homeland Security (DHS) to resume all activities related to constructing a wall along the U.S.-Mexico border that were underway or planned prior to January 20, 2021."},{"k":"p","t":"(Sec. 103) This section imposes additional requirements on DHS related to the construction of barriers along the U.S.-Mexico border. For example, the bill requires DHS to construct a border wall (including related infrastructure and technology) along at least 900 miles of that border, whereas currently DHS is required to have at least 700 miles of reinforced fencing along that border."},{"k":"p","t":"This section also requires DHS to waive all legal requirements necessary to ensure the expeditious construction of the border barriers, whereas currently DHS is authorized to waive such requirements."},{"k":"p","t":"(Sec. 104) This section requires U.S. Customs and Border Protection (CBP) to submit a strategic five-year technology investment plan to Congress."},{"k":"p","t":"(Sec. 105) This section imposes certain documentation and acquisition-related standards on major border security technology acquisitions, generally those that cost at least $100 million based on FY2023 constant dollars."},{"k":"p","t":"(Sec. 106) This section requires CBP to (1) ensure that each CBP officer or agent is equipped with a two-way communication device, (2) fully implement the Border Security Deployment Program (a border surveillance program), and (3) upgrade license plate readers as needed at ports of entry along the northern and southern borders."},{"k":"p","t":"(Sec. 107) This section authorizes retention bonuses for eligible frontline U.S. Border Patrol law enforcement agents."},{"k":"p","t":"The section also requires CBP to maintain an active duty presence of at least 22,000 full-time equivalent Border Patrol agents by September 30, 2025."},{"k":"p","t":"(Sec. 108) This section modifies a provision that exempts certain applicants for CBP law enforcement positions from having to take a polygraph test. For example, this section provides this exemption to certain law enforcement officers, whereas currently the waiver is only available to eligible veterans."},{"k":"p","t":"The waiver provision established by this section is not applicable during periods when CBP certifies that it has met certain staffing requirements."},{"k":"p","t":"(Sec. 109) This section requires CBP to implement a workload staffing model for the Border Patrol and CBP Air and Marine Operations."},{"k":"p","t":"(Sec. 110) This section provides statutory authorization for Operation Stonegarden, a program which provides grants to law enforcement agencies that are (1) in a state with an international land or maritime border, and (2) involved in an active CBP operation coordinated through the Border Patrol."},{"k":"p","t":"(Sec. 111) This section establishes certain requirements for CBP Air and Marine Operations. For example, CBP must ensure that its Air and Marine Operations (1) carry out at least 110,000 flight hours each year, and (2) operate unmanned aircraft systems (drones) on the southern border 24 hours a day."},{"k":"p","t":"(Sec. 112) This section requires DHS to hire contractors to begin eradicating certain plant growth along the Rio Grande River that impedes border security operations."},{"k":"p","t":"(Sec. 113) This section requires the Border Patrol to issue a Border Patrol Strategic Plan to enhance border security."},{"k":"p","t":"(Sec. 115) This section prohibits DHS from (1) processing the entry of non-U.S. nationals (aliens under federal law) arriving in between ports of entry; (2) providing funds to nongovernmental organizations (NGOs) that facilitate or encourage unlawful activity; or (3) providing funds to NGOs that provide certain services, such as lodging or immigration legal services, to inadmissible non-U.S. nationals who enter the United States."},{"k":"p","t":"(Sec. 116) This section requires DHS to ensure that CBP is, within 14 days of this bill's enactment, fully compliant with federal DNA and biometric collection requirements at U.S. land borders."},{"k":"p","t":"(Sec. 117) This section requires CBP to periodically review and update, as necessary, manuals and policies related to inspections at ports of entry to ensure the uniformity of inspection practices to effectively detect illegal activity along the border, such as the smuggling of drugs and humans."},{"k":"p","t":"(Sec. 118) This section requires CBP to publish information monthly about CBP encounters with non-U.S. nationals, including the total number of encounters and the nationalities of the individuals encountered."},{"k":"p","t":"(Sec. 119) This section requires CBP to, within seven days of this bill's enactment, certify to Congress that CBP has real-time access to the criminal history databases of all countries of origin and transit for non-U.S. nationals encountered by CBP."},{"k":"p","t":"(Sec. 120) This section prohibits the Transportation Security Administration (TSA) from accepting as proof of identification certain documents, such as a warrant issued by U.S. Immigration and Customs Enforcement (ICE) or an employment authorization issued by DHS."},{"k":"p","t":"The TSA must collect the biometric information of any individual who (1) seeks to enter the aircraft boarding area of an airport where access is controlled by the TSA, (2) does not present an accepted identification document, and (3) the TSA cannot verify is a U.S. national. The TSA must share this collected biometric information with the Automated Biometric Identification System (IDENT)."},{"k":"p","t":"(Sec. 121) This section prohibits DHS from (1) issuing any COVID-19 vaccine mandate unless expressly authorized by Congress, or (2) taking any adverse action against an employee based solely on the employee's refusal to receive a COVID-19 vaccine."},{"k":"p","t":"(Sec. 122) This section limits the use of the CBP One mobile application or a similar program. Specifically, DHS may only use such an application for inspecting perishable cargo."},{"k":"p","t":"(Sec. 124) This section requires the Government Accountability Office to study and report to Congress on the costs incurred by states in support of the federal mission to secure the southwest border and the feasibility of reimbursing states for such costs."},{"k":"p","t":"(Sec. 125) This section requires the Office of Inspector General of DHS to annually report to Congress on the economic and security impact of mass migration to municipalities and states along the southwest border."},{"k":"p","t":"(Sec. 126) This section specifies that no funds are authorized to be appropriated for specified DHS activities, including a pilot program for alternatives to detention or purchasing electric vehicles."},{"k":"p","t":"(Sec. 128) This section requires the Office of Inspector General of DHS to report to Congress an assessment of CBP's ability to mitigate unmanned aircraft systems along the southwest border."},{"k":"p","t":"DIVISION D--IMMIGRATION ENFORCEMENT AND FOREIGN AFFAIRS"},{"k":"p","t":"TITLE I--ASYLUM REFORM AND BORDER PROTECTION"},{"k":"p","t":"This title imposes additional requirements for asylum eligibility."},{"k":"p","t":"(Sec. 101) This section expands provisions that bar certain individuals from applying for asylum."},{"k":"p","t":"Currently, an individual may not apply for asylum if that individual may be removed to a third country (i.e., a country that is not the applicant's country of nationality or last habitual residence) if that third country has (1) a full and fair asylum process that the individual could use, and (2) an agreement with the United States allowing for such removals. This section expands this provision by authorizing removal to third countries that do not have an agreement with the United States."},{"k":"p","t":"This section also bars an individual from applying for asylum if the individual traveled through at least one third country before arriving in the United States, with certain exceptions (e.g., the individual applied for and was denied asylum in that third country)."},{"k":"p","t":"(Sec. 102) This section modifies the standard for establishing an asylum applicant's credible fear of persecution."},{"k":"p","t":"Specifically, to find credible fear, an asylum officer must find that the applicant could more likely than not establish eligibility for asylum. Currently, an asylum officer must conclude that there is a significant possibility that the applicant could establish eligibility for asylum."},{"k":"p","t":"(Sec. 103) This section limits asylum eligibility to individuals who arrived in the United States at a port of entry."},{"k":"p","t":"(Sec. 104) This section expands the types of crimes that may make an individual ineligible for asylum, such as a conviction for (1) a misdemeanor relating to the unlawful possession or use of an identification, (2) an offense for driving while intoxicated causing another person's serious bodily injury or death, or (3) any felony."},{"k":"p","t":"This section further expands this bar to asylum eligibility by broadening the definition of felony to include any crime that is punishable by more than one year of imprisonment. (Some states have misdemeanors that are punishable by imprisonment of more than a year.) Currently, a felony is generally not a bar against asylum eligibility, though certain felonies, such as one for a particularly serious crime, would bar an individual if the individual constitutes a danger to the community."},{"k":"p","t":"(Sec. 105) This section establishes a duration of six months for an employment authorization for an applicant for asylum. Such an employment authorization may also be renewed for six months or terminated under specified conditions."},{"k":"p","t":"(Sec. 106) This section requires DHS to charge a fee for each asylum application, except for one filed by an unaccompanied alien child. Currently, DHS is authorized but not required to charge such fees."},{"k":"p","t":"The section also authorizes DHS to charge fees for a refugee's application for employment authorization or for lawful permanent resident status."},{"k":"p","t":"(Sec. 107) This section increases the requirements for qualifying as a refugee."},{"k":"p","t":"Generally, a refugee must have a well-founded fear of persecution based on certain characteristics, such as the individual's race, membership in a particular social group, or political opinion."},{"k":"p","t":"The section establishes additional requirements for meeting these criteria. For example, such persecution may not be based solely on (1) infrequently enforced laws or government policies unless there is credible evidence that the law or policy would be personally applied to the individual, or (2) conduct of rogue government officials acting outside their official capacity."},{"k":"p","t":"Furthermore, to be a member of a particular social group, the asylum applicant must establish that the group exists independently of the alleged acts of persecution (i.e., the group cannot be defined solely as the victims of the alleged persecution)."},{"k":"p","t":"The section also imposes limits on when DHS or DOJ may exercise discretion in favor of an asylum applicant. For example, favorable discretion may not be exercised, with certain exceptions, for an applicant who (1) has been unlawfully present in the United States for more than one year before applying for asylum; or (2) failed to file federal, state, or local tax returns."},{"k":"p","t":"(Sec. 108) This section establishes certain situations when an asylum applicant must be considered to have firmly resettled in another country. (Generally, an individual who has firmly resettled in a country that is not their country of nationality is not eligible for asylum.)"},{"k":"p","t":"For example, an individual must be considered to have firmly resettled in another country if, after the events giving rise to the asylum claim, the individual resided in a country where the individual was eligible for any permanent or indefinitely renewable legal immigration status, such as refugee status."},{"k":"p","t":"(Sec. 109) This section establishes a statutory definition of what constitutes a frivolous asylum application, whereas currently this definition is defined in regulations. Under this bill, an application is frivolous if (1) it is so insufficient in substance that it is clear that it was filed to achieve another objective, such as to delay removal; or (2) any material elements are knowingly fabricated."},{"k":"p","t":"(Sec. 111) This section requires DOJ to establish procedures to expedite the adjudication of asylum applications from individuals who are (1) subject to formal removal proceedings; and (2) nationals of a Western Hemisphere country subject to sanctions related to Cuba, Nicaragua, or Venezuela."},{"k":"p","t":"TITLE II--BORDER SAFETY AND MIGRANT PROTECTION"},{"k":"p","t":"(Sec. 201) This section expands the category of non-U.S. nationals who are subject to expedited removal (i.e., removal without further hearing or review) and addresses related issues."},{"k":"p","t":"Specifically, this section requires expedited removal for individuals who are unlawfully present or who unlawfully entered the United States. (Currently, DHS may, but is not required to, apply expedited removal to unlawfully present individuals who have been physically present in the United States for less than two years.)"},{"k":"p","t":"This section also requires, with certain exceptions, detention for individuals who (1) are subject to expedited removal, (2) are subject to expedited removal and have expressed an intention to apply for asylum, or (3) have established a credible fear of persecution and are awaiting consideration of an asylum application."},{"k":"p","t":"If DHS cannot comply with this detention requirement or remove an individual to a safe third country, DHS must return the individual to the neighboring country that the individual traveled through to reach the United States while the individual's case is pending."},{"k":"p","t":"A state may sue DHS to enforce the requirements imposed by this section."},{"k":"p","t":"This section also authorizes DHS to suspend the introduction of certain non-U.S. nationals at an international border if DHS determines that the suspension is necessary to achieve operational control of that border."},{"k":"p","t":"(Sec. 202) This section requires DHS to take all actions necessary to reopen or restore all ICE detention facilities that were in operation on January 20, 2021."},{"k":"p","t":"TITLE III--PREVENTING UNCONTROLLED MIGRATION FLOWS IN THE WESTERN HEMISPHERE"},{"k":"p","t":"(Sec. 302) This section requires the Department of State to seek to negotiate agreements with Western Hemisphere countries on cooperation and burden sharing on issues related to asylum seekers and immigration."},{"k":"p","t":"(Sec. 303) This section requires the State Department to periodically brief Congress on the process of its negotiations pursuant to the previous section of this bill."},{"k":"p","t":"TITLE IV--ENSURING UNITED FAMILIES AT THE BORDER"},{"k":"p","t":"(Sec. 401) This section statutorily establishes that there is no presumption that an alien child (other than an unaccompanied child) should not be detained for immigration purposes."},{"k":"p","t":"Specifically, the section states that the detention of such minors shall be governed by specified sections of the Immigration and Nationality Act and not any other provision of law, judicial ruling, or settlement agreement."},{"k":"p","t":"(A 1997 settlement agreement, commonly known as the Flores agreement, imposes requirements relating to the treatment of detained alien minors, including requiring such minors to be released or placed in a nonsecure facility after a certain amount of time in detention.)"},{"k":"p","t":"If an adult enters the United States unlawfully with their child, DHS must detain the adult and child together if the only criminal charge against the adult is for unlawful entry."},{"k":"p","t":"This section also prohibits states from imposing licensing requirements on immigration detention facilities used to detain minors or families with minors."},{"k":"p","t":"TITLE V--PROTECTION OF CHILDREN"},{"k":"p","t":"(Sec. 502) This section modifies the treatment of unaccompanied alien children, including by requiring DHS to remove such children, with some exceptions, from the United States."},{"k":"p","t":"Current law authorizes DHS to remove an unaccompanied alien child to their country of nationality or last habitual residence if that country is next to the United States. This section (1) eliminates the requirement that the country is next to the United States; and (2) requires DHS to remove the child, whereas currently DHS is authorized to do so."},{"k":"p","t":"This section also authorizes immigration officers to permit such a child to withdraw their application for admission into the United States even if the child is unable to make an independent decision to withdraw the application."},{"k":"p","t":"This section also establishes and modifies deadlines for the handling of unaccompanied alien children. For example, if the child is a victim of a severe form of human trafficking or has a credible fear of persecution, the child must be placed in formal removal proceedings and have a hearing before an immigration judge within 14 days of screening."},{"k":"p","t":"Furthermore, before DHS places an unaccompanied alien child with an individual, the Department of Health and Human Services must provide DHS with certain information about the individual, including the individual's social security number and immigration status. DHS must initiate removal proceedings if the individual is unlawfully present."},{"k":"p","t":"(Sec. 503) This section tightens the eligibility requirements for Special Immigrant Juvenile visas (immigrant visas for qualifying non-U.S. nationals under 21 years of age who are in the United States and have been abused, abandoned, or neglected by a parent)."},{"k":"p","t":"Currently, an otherwise eligible individual may qualify for the visa if the individual cannot reunite with one or both parents due to abuse, neglect, or abandonment (i.e., an individual may qualify even if reunification with one parent is possible). Under this section, an individual shall not qualify for the visa if reunification is possible with any parent or legal guardian."},{"k":"p","t":"TITLE VI--VISA OVERSTAYS PENALTIES"},{"k":"p","t":"(Sec. 601) This section increases the civil penalties for unlawful entry into the United States and establishes criminal penalties for overstaying a visa."},{"k":"p","t":"An individual apprehended while unlawfully entering the United States shall be subject to a fine of at least $500 and up to $1,000 (currently at least $50 and up to $250)."},{"k":"p","t":"If an individual overstays a visa (or otherwise fails to comply with the conditions of a visa) for 10 days or more, on first offense the individual shall be subject to fines or imprisonment for up to six months, or both. For subsequent violations, the individual shall be subject to fines or imprisonment of up to two years, or both."},{"k":"p","t":"TITLE VII--IMMIGRATION PAROLE REFORM"},{"k":"p","t":"(Sec. 701) This section limits the authority of DHS to grant parole (temporary admission into the United States for urgent humanitarian reasons or significant public benefit that is granted on a case-by-case basis)."},{"k":"p","t":"Under this section, DHS may not grant parole based on eligibility criteria describing an entire class of potential parole recipients."},{"k":"p","t":"This section restricts DHS from granting parole to non-U.S. nationals who are already in the United States, with specified exceptions, such as for certain individuals who already have an approved petition for a family-sponsored visa and are the spouse or child of an active duty member of the Armed Forces."},{"k":"p","t":"The section further restricts the authority of DHS to grant parole, including by limiting (1) what constitutes granting parole on a case-by-case basis, (2) the authority to grant parole to purposes laid out in the section, and (3) the length of the parole period that may be granted to an individual."},{"k":"p","t":"(Sec. 702) This title takes effect 30 days after enactment of this bill, with specified exceptions."},{"k":"p","t":"(Sec. 703) This section authorizes persons (individuals or entities), states, and local governments to sue the federal government for failing to comply with this title's requirements if the person or government bringing the lawsuit suffered at least $1,000 of financial harm as a result of the failure."}],"words":3234},"summary":{"main_subject":{"text":"Provides continuing appropriations for fiscal year 2024 through October 31, 2023, and changes border security and immigration law, including asylum, detention, parole and penalty provisions.","cites":[{"label":"Division A","href":"https://www.congress.gov/bill/118th-congress/house-bill/5525/text/ih#toc-HD40AD90D12174C1CA67DF75747739E0F"},{"label":"Division C","href":"https://www.congress.gov/bill/118th-congress/house-bill/5525/text/ih#toc-H0DD8937344214B59BC8FF890A83B9004"},{"label":"Division D","href":"https://www.congress.gov/bill/118th-congress/house-bill/5525/text/ih#toc-H0BF3EE79A0D14F77884D05103089B790"}]},"core_areas":["Continuing appropriations for fiscal year 2024","Border wall and barrier construction","Asylum eligibility and credible fear standards","Expedited removal and immigration detention","Detention of children and families","Immigration parole limits","Penalties for unlawful entry and visa overstays"],"what_it_does":[{"text":"Continues funding for projects and activities at fiscal year 2023 rates under the fiscal year 2023 appropriations Acts, and reduces that rate by 8.1285 percent, except for national defense, the Department of Veterans Affairs, and disaster relief amounts.","cite":{"label":"Division A, Sec. 101","href":"https://www.congress.gov/bill/118th-congress/house-bill/5525/text/ih#H281274D58CD44E6498DE200BF4C27CE1"}},{"text":"Makes the continuing funds available until the earliest of enactment of an appropriation for the project or activity, enactment of the applicable fiscal year 2024 appropriations Act without it, or October 31, 2023.","cite":{"label":"Division A, Sec. 106","href":"https://www.congress.gov/bill/118th-congress/house-bill/5525/text/ih#HC7C5476D3A064BFE909BE1671DFB3BDE"}},{"text":"Requires the Secretary of Homeland Security, within seven days of enactment, to resume all border wall construction activities along the Mexico border that were underway or being planned before January 20, 2021.","cite":{"label":"Division C, Sec. 102","href":"https://www.congress.gov/bill/118th-congress/house-bill/5525/text/ih#toc-HF7499D08F52742C095FDFCC622EBB736"}},{"text":"Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to require a border wall along not fewer than 900 miles of the southwest border, and requires the Secretary to waive all legal requirements necessary for expeditious construction.","cite":{"label":"Division C, Sec. 103","href":"https://www.congress.gov/bill/118th-congress/house-bill/5525/text/ih#toc-HA9A05EB8E126419F86408F3A5C60353E"}},{"text":"Amends asylum law so that an alien who transited through at least one other country before reaching the United States is barred from applying for asylum, unless an exception applies, such as a final denial of protection in each country transited.","cite":{"label":"Division D, Sec. 101","href":"https://www.congress.gov/bill/118th-congress/house-bill/5525/text/ih#toc-H93A8511505B8422987C6DC527C1F85AA"}},{"text":"Changes the credible fear standard from a significant possibility to requiring that the alien more likely than not could establish asylum eligibility and that the alien's statements are more likely than not true.","cite":{"label":"Division D, Sec. 102","href":"https://www.congress.gov/bill/118th-congress/house-bill/5525/text/ih#toc-H2BF8FCC9724D4123991E486D8204078E"}},{"text":"Requires detention of aliens subject to expedited removal, bars their release other than for removal or return, requires return to contiguous territory when detention or removal cannot be carried out, and lets State attorneys general sue for injunctive relief.","cite":{"label":"Sec. 201","href":"https://www.congress.gov/bill/118th-congress/house-bill/5525/text/ih#toc-H5AA453485B794AB1BFC999DF816FD97C"}},{"text":"Provides that detention of an alien child who is not unaccompanied is governed by specified Immigration and Nationality Act sections despite any settlement agreement, and requires detaining together an adult charged only with unlawful entry and the adult's child.","cite":{"label":"Sec. 401","href":"https://www.congress.gov/bill/118th-congress/house-bill/5525/text/ih#toc-HA0B9128EAC8042BF878274B7E1EF2DE1"}},{"text":"Raises the civil penalty for unlawful entry to not less than $500 and not more than $1,000, and makes a visa overstay of 10 days or more punishable by a fine or up to 6 months in prison, or up to 2 years for later violations.","cite":{"label":"Sec. 601","href":"https://www.congress.gov/bill/118th-congress/house-bill/5525/text/ih#toc-H7C24C1D66C9D41B4AA60E2E8322FC926"}},{"text":"Rewrites the parole authority to allow parole only case by case, not by eligibility criteria describing an entire class, and only for purposes listed in the text, with parole periods generally limited to the shorter of the needed time or 1 year.","cite":{"label":"Sec. 701","href":"https://www.congress.gov/bill/118th-congress/house-bill/5525/text/ih#toc-H3EACAEA44B0941AA9E19359BAC1B4348"}}],"unexpected":[{"category":"off_subject","items":[{"cite":{"label":"Division C, Sec. 114","href":"https://www.congress.gov/bill/118th-congress/house-bill/5525/text/ih#toc-H8A8E64AA43EE45FDBF33C024CAEBB8CD"},"heading":"U.S. Customs and Border Protection spiritual readiness","effect":"Requires annual reports for five years on the availability and use of chaplains, prayer groups, houses of worship, and other spiritual resources for CBP members at risk of suicide.","amount":null,"quote":"the availability and usage of the assistance of chaplains, prayer groups, houses of worship, and other spiritual resources for members of CBP"},{"cite":{"label":"Division C, Sec. 120","href":"https://www.congress.gov/bill/118th-congress/house-bill/5525/text/ih#toc-HCA38C29965624A2B9A705FE320B8FB30"},"heading":"Prohibited identification documents at airport security checkpoints; notification to immigration agencies","effect":"Bars the Transportation Security Administration from accepting certain immigration forms as proof of identification at airport checkpoints, requires notice to immigration agencies, and requires biometric collection from certain travelers.","amount":null,"quote":"The Administrator may not accept as valid proof of identification a prohibited identification document at an airport security checkpoint."},{"cite":{"label":"Division C, Sec. 121","href":"https://www.congress.gov/bill/118th-congress/house-bill/5525/text/ih#toc-HD75ECB605EA541D18DDAE7092173FE5D"},"heading":"Prohibition against any COVID–19 vaccine mandate or adverse action against DHS employees","effect":"Bars the Secretary of Homeland Security from issuing a COVID–19 vaccine mandate without express authorization by Congress and from taking adverse action against employees solely for refusing the vaccine.","amount":null,"quote":"The Secretary may not take any adverse action against a Department employee based solely on the refusal of such employee to receive a vaccine for COVID–19."},{"cite":{"label":"Division C, Sec. 123","href":"https://www.congress.gov/bill/118th-congress/house-bill/5525/text/ih#toc-HE492B51078AF4337897B521CE16B2BB0"},"heading":"Report on Mexican drug cartels","effect":"Requires Congress to commission a report with a national strategy on Mexican drug cartels and information on their actions that harm the United States.","amount":null,"quote":"A national strategy to address Mexican drug cartels, and a determination regarding whether there should be a designation established to address such cartels."}]},{"category":"narrow_beneficiary","items":[{"cite":{"label":"Division C, Sec. 107","href":"https://www.congress.gov/bill/118th-congress/house-bill/5525/text/ih#toc-H0A13912F553048979E0C94A1209CFB37"},"heading":"U.S. Customs and Border Protection personnel","effect":"Authorizes up to $100,000,000 for a retention bonus for front-line Border Patrol agents at or below GS–12 with five or more years of service who commit to two more years.","amount":"$100,000,000","quote":"there is authorized to be appropriated up to $100,000,000 to the Commissioner to provide a retention bonus to any front-line U.S. Border Patrol law enforcement agent"}]},{"category":"named_funding","items":[{"cite":{"label":"Division A, Sec. 120","href":"https://www.congress.gov/bill/118th-congress/house-bill/5525/text/ih#HDA1859DA7BD24AF8A5924F143B6E4E46"},"heading":"","effect":"Makes Department of Defense shipbuilding funds available for the procurement of one Columbia Class Submarine, despite the limits in sections 102 and 104.","amount":null,"quote":"amounts made available by section 101 to the Department of Defense for “Shipbuilding and Conversion, Navy” shall be available for the procurement of one Columbia Class Submarine."},{"cite":{"label":"Division A, Sec. 122","href":"https://www.congress.gov/bill/118th-congress/house-bill/5525/text/ih#HA174CFED840A41618B30CC1D23CFF103"},"heading":"","effect":"Provides additional funding for Department of Energy Nuclear Energy at a rate for operations of $220,000,000, including $120,000,000 for Risk Reduction for Future Demonstrations and $100,000,000 for Advanced Nuclear Fuel Availability.","amount":"$220,000,000","quote":"amounts are provided for “Department of Energy—Energy Programs—Nuclear Energy” at a rate for operations of $220,000,000"},{"cite":{"label":"Sec. 136","href":"https://www.congress.gov/bill/118th-congress/house-bill/5525/text/ih#HA7F5750B82D543B29F6355052D946496"},"heading":"","effect":"Directs the Secretary of Agriculture to transfer funds to the Secretary of the Interior to continue the federal wildland firefighter base salary increase, up to a total of $17,250,000.","amount":"$17,250,000","quote":"may not transfer a total amount of funds greater than $17,250,000."},{"cite":{"label":"Division C, Sec. 106","href":"https://www.congress.gov/bill/118th-congress/house-bill/5525/text/ih#toc-H30AF699FC3814BE6A0A4FD9BC39F9631"},"heading":"U.S. Customs and Border Protection technology upgrades","effect":"Authorizes $33,000,000 for fiscal years 2024 and 2025 for the Border Security Deployment Program of CBP and $125,000,000 for fiscal years 2023 and 2024 for upgrading license plate readers at ports of entry.","amount":null,"quote":"In addition to amounts otherwise authorized to be appropriated for such purpose, there is authorized to be appropriated $33,000,000 for fiscal years 2024 and 2025 to carry out paragraph (1)."},{"cite":{"label":"Division C, Sec. 110","href":"https://www.congress.gov/bill/118th-congress/house-bill/5525/text/ih#toc-H54268A3D7C9949588C438D262EBF00A4"},"heading":"Operation Stonegarden","effect":"Establishes a grant program named Operation Stonegarden for eligible law enforcement agencies and authorizes $110,000,000 for each of fiscal years 2024 through 2028.","amount":"$110,000,000","quote":"There is authorized to be appropriated $110,000,000 for each of fiscal years 2024 through 2028 for grants under this section."},{"cite":{"label":"Division C, Sec. 112","href":"https://www.congress.gov/bill/118th-congress/house-bill/5525/text/ih#toc-HBCB6BB15B4AA4693B243A2E4F8F29653"},"heading":"Eradication of carrizo cane and salt cedar","effect":"Requires hiring contractors to eradicate carrizo cane and salt cedar along the Rio Grande River by September 30, 2027, and authorizes $7,000,000 for each of fiscal years 2024 through 2028.","amount":"$7,000,000","quote":"There is authorized to be appropriated $7,000,000 for each of fiscal years 2024 through 2028 to the Secretary to carry out this subsection."},{"cite":{"label":"Division C, Sec. 126","href":"https://www.congress.gov/bill/118th-congress/house-bill/5525/text/ih#toc-H564BE1DFA0374F5E8518A82FFCE77224"},"heading":"Offsetting authorizations of appropriations","effect":"Authorizes no funds for named programs and items (the Alternatives to Detention Case Management Pilot Program, Office of the Immigration Detention Ombudsman, electric vehicles, St. Elizabeths campus construction, Shelter Services Program) and authorizes $216,000,000 for Intelligence, Analysis, and Situational Awareness.","amount":"$216,000,000","quote":"No funds are authorized to be appropriated for electric vehicles or St. Elizabeths campus construction for the Management Directorate of the Department of Homeland Security."},{"cite":{"label":"Sec. 202","href":"https://www.congress.gov/bill/118th-congress/house-bill/5525/text/ih#toc-HE328146E5DD64E2BBDBB04E8669EA87F"},"heading":"Operational detention facilities","effect":"Directs the Secretary of Homeland Security to reopen or restore all ICE detention facilities in operation on January 20, 2021 that later closed or were reduced, and names five specific facilities that must be included.","amount":null,"quote":"Irwin County Detention Center in Georgia.\n(2) C. Carlos Carreiro Immigration Detention Center in Bristol County, Massachusetts."}]},{"category":"selective_carve_out","items":[{"cite":{"label":"Division A, Sec. 121","href":"https://www.congress.gov/bill/118th-congress/house-bill/5525/text/ih#H956F5BB41D7F404EAA7E259E0B4D0371"},"heading":"","effect":"For the period covered by this Act, changes a time period in a title 10 provision from two years to four years.","amount":null,"quote":"section 714(b)(2)(B) of title 10, United States Code, shall be applied by substituting “four years” for “two years”."},{"cite":{"label":"Division A, Sec. 124","href":"https://www.congress.gov/bill/118th-congress/house-bill/5525/text/ih#H2E22C8CADED342B381156296485B6B5A"},"heading":"","effect":"Lets the District of Columbia spend local funds at the rate set in its own fiscal year 2024 local budget act, notwithstanding other provisions of this Act except section 106.","amount":null,"quote":"the District of Columbia may expend local funds made available under the heading “District of Columbia—District of Columbia Funds”"},{"cite":{"label":"Sec. 137","href":"https://www.congress.gov/bill/118th-congress/house-bill/5525/text/ih#HC15EFE2493874903B3CD234CE8C149D0"},"heading":"","effect":"For the period covered by this Act, changes the fiscal years listed in section 126 of Division J of Public Law 117–328 to add fiscal year 2019.","amount":null,"quote":"section 126 of Division J of Public Law 117–328 shall be applied during the period covered by this Act by substituting “fiscal year 2017, fiscal year 2018, and fiscal year 2019” for “fiscal year 2017 and fiscal year 2018”."},{"cite":{"label":"Division C, Sec. 108","href":"https://www.congress.gov/bill/118th-congress/house-bill/5525/text/ih#toc-H11681BE23B8A496AB2B4F1E3B4930791"},"heading":"Anti-Border Corruption Act reauthorization","effect":"Requires the CBP Commissioner to waive a hiring requirement under the Anti-Border Corruption Act of 2010 for certain state or local officers, federal officers, and service members or veterans, until personnel-level certification is made.","amount":null,"quote":"to a current, full-time law enforcement officer employed by a State or local law enforcement agency who"},{"cite":{"label":"Division D, Sec. 111","href":"https://www.congress.gov/bill/118th-congress/house-bill/5525/text/ih#toc-H0D5E45D0ECBE4B9B837223DD512494D8"},"heading":"Requirement for procedures relating to certain asylum applications","effect":"Requires the Attorney General to set procedures within 30 days to expedite asylum applications only for nationals of Western Hemisphere countries subject to sanctions under three listed authorities.","amount":null,"quote":"Subsection (a) shall apply only to an asylum application filed by an alien who is a national of a Western Hemisphere country subject to sanctions pursuant to"},{"cite":{"label":"Division A, Sec. 101","href":"https://www.congress.gov/bill/118th-congress/house-bill/5525/text/ih#H281274D58CD44E6498DE200BF4C27CE1"},"heading":"","effect":"Continues fiscal year 2023 funding rates, reduces them by 8.1285 percent to a total of $1,590,000,000,000, and exempts national defense, the Department of Veterans Affairs, and disaster relief amounts from the reduction.","amount":"$1,590,000,000,000","quote":"Provided, That the reduction in this subsection will not apply to the rate for operations provided for the national defense budget function (050), the Department of Veterans Affairs"},{"cite":{"label":"Division A, Sec. 119","href":"https://www.congress.gov/bill/118th-congress/house-bill/5525/text/ih#HA668FCD622FD49E19AA15006493D06F5"},"heading":"","effect":"Allows Department of Defense amounts under section 101(3) to be apportioned at the rate needed for the programs in a named House appropriations bill, despite the new-start limits in sections 102 and 104.","amount":null,"quote":"Notwithstanding sections 102 and 104 of this Act, amounts made available by section 101(3) for the Department of Defense may be apportioned up to the rate for operations necessary"},{"cite":{"label":"Division A, Sec. 127","href":"https://www.congress.gov/bill/118th-congress/house-bill/5525/text/ih#H1C599AE0C91E4AC7A2A0805FCC713FB1"},"heading":"","effect":"Bars use of funds to transport certain aliens into the interior of the United States other than for immigration enforcement, and exempts transport of unaccompanied alien children from that bar.","amount":null,"quote":"The limitation under subsection (a) shall not apply with respect to amounts made available to transport unaccompanied alien children"},{"cite":{"label":"Division D, Sec. 104","href":"https://www.congress.gov/bill/118th-congress/house-bill/5525/text/ih#toc-H4605C7114202406C891BEFEF7B8ABB2A"},"heading":"Exceptions","effect":"Rewrites the bars to asylum eligibility. Within it, an alien convicted of a domestic violence or battery offense is not barred on that basis if the alien meets the criteria under section 237(a)(7)(A).","amount":null,"quote":"An alien who was convicted of an offense described in clause (viii) or (ix) of subparagraph (A) is not ineligible for asylum on that basis if the alien satisfies the criteria under section 237(a)(7)(A)."},{"cite":{"label":"Division D, Sec. 106","href":"https://www.congress.gov/bill/118th-congress/house-bill/5525/text/ih#toc-H56D476E735244C01B089BFB6D3E664ED"},"heading":"Asylum fees","effect":"Sets an asylum application fee of not less than $50, capped at adjudication cost, and exempts unaccompanied alien children filing in proceedings under section 240 from that fee.","amount":"$50","quote":"Such fee shall not apply to an unaccompanied alien child who files an asylum application in proceedings under section 240."}]},{"category":"rule_delay","items":[{"cite":{"label":"Sec. 130","href":"https://www.congress.gov/bill/118th-congress/house-bill/5525/text/ih#H9FD93AE8DBD84EC9A09E715D1E58D646"},"heading":"","effect":"Bars use of funds under section 101 to carry out the activities and policies in two named enforcement memoranda, including any successor or similar memorandum or policy.","amount":null,"quote":"shall not be made available to implement, administer, or otherwise carry out the activities and policies described in the memorandum issued by the Secretary of Homeland Security on September 30, 2021"},{"cite":{"label":"Sec. 131","href":"https://www.congress.gov/bill/118th-congress/house-bill/5525/text/ih#H0E35F4C8C5AC4EBBABD0CDD216DBAEDD"},"heading":"","effect":"Bars use of funds under section 101 to carry out a January 10, 2023 U.S. Customs and Border Protection directive titled \"Emergency Driving and Vehicular Pursuits\".","amount":null,"quote":"shall not be made available to implement, administer, or otherwise carry out the policies described in the directive issued by the Acting Commissioner of U.S. Customs and Border Protection on January 10, 2023"},{"cite":{"label":"Sec. 132","href":"https://www.congress.gov/bill/118th-congress/house-bill/5525/text/ih#HD0FAB41FB156421CBAA1FC1F865DFDDA"},"heading":"","effect":"Bars use of funds under section 101 to implement, administer, or enforce a specific rule on credible fear screening and asylum claims (87 Fed. Reg. 18078).","amount":null,"quote":"shall not be made available to implement, administer, or enforce the rule entitled “Procedures or Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers”"},{"cite":{"label":"Sec. 134","href":"https://www.congress.gov/bill/118th-congress/house-bill/5525/text/ih#H0EEE4823B8DC455387727F829599B0B5"},"heading":"","effect":"Bars use of funds under section 101 to implement, administer, or enforce the rule titled \"Circumvention of Lawful Pathways\" (88 Fed. Reg. 11704).","amount":null,"quote":"shall not be made available to implement, administer, or enforce the rule related to “Circumvention of Lawful Pathways” (88 Fed. Reg. 11704)."}]},{"category":"process_change","items":[{"cite":{"label":"Division B, Sec. 101","href":"https://www.congress.gov/bill/118th-congress/house-bill/5525/text/ih#toc-HDDFAA36857944AA8B8BB21C080090FF3"},"heading":"Statutory PAYGO scorecards","effect":"Provides that the budgetary effects of this division and each succeeding division are not entered on the statutory PAYGO scorecards.","amount":null,"quote":"shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010"},{"cite":{"label":"Division B, Sec. 102","href":"https://www.congress.gov/bill/118th-congress/house-bill/5525/text/ih#toc-H3C847ACBE894442CAF56FD0E70D9D615"},"heading":"Senate PAYGO scorecards","effect":"Provides that the budgetary effects of this division and each succeeding division are not entered on the Senate PAYGO scorecard.","amount":null,"quote":"shall not be entered on any PAYGO scorecard maintained for purposes of section 4106 of H. Con. Res. 71 (115th Congress)"},{"cite":{"label":"Division B, Sec. 103","href":"https://www.congress.gov/bill/118th-congress/house-bill/5525/text/ih#toc-HB6C66B003FA147759D3C18F169226ECB"},"heading":"Classification of budgetary effects","effect":"Provides that the budgetary effects of this division and each succeeding division are not estimated for certain budget-enforcement and allocation purposes.","amount":null,"quote":"the budgetary effects of this division and each succeeding division shall not be estimated—"},{"cite":{"label":"Sec. 703","href":"https://www.congress.gov/bill/118th-congress/house-bill/5525/text/ih#toc-HC0C7FFBCFA0D4B41A045998FA3EA32A2"},"heading":"Cause of action","effect":"Gives any person, State, or local government with financial harm above $1,000 from the Federal Government's failure to apply this title standing to sue in district court.","amount":"$1,000","quote":"Any person, State, or local government that experiences financial harm in excess of $1,000 due to a failure of the Federal Government to lawfully apply the provisions of this title"},{"cite":{"label":"Division C, Sec. 105","href":"https://www.congress.gov/bill/118th-congress/house-bill/5525/text/ih#toc-HC7C01CE026A14C6C9B24AB4F03BC5BA7"},"heading":"Border security technology program management","effect":"Adds a section to the Homeland Security Act of 2002 setting acquisition program baselines, standards, and a testing plan for border security technology programs expected to cost at least $100,000,000, with no additional appropriations authorized.","amount":"$100,000,000","quote":"the term major acquisition program means an acquisition program of the Department that is estimated by the Secretary to require an eventual total expenditure of at least $100,000,000"}]},{"category":"unnamed_target","items":[{"cite":{"label":"Division C, Sec. 115","href":"https://www.congress.gov/bill/118th-congress/house-bill/5525/text/ih#toc-HA00CD1E13D8D4B8D834C97A2F9BAC842"},"heading":"Restrictions on funding","effect":"Provides that no funds are authorized for Department of Homeland Security disbursement to nongovernmental organizations that facilitate unlawful activity or that provide transportation, lodging, or immigration legal services to certain inadmissible aliens.","amount":null,"quote":"No funds are authorized to be appropriated to the Department for disbursement to any nongovernmental organization to provide, or facilitate the provision of, transportation, lodging, or immigration legal services to inadmissible aliens"}]}],"version":{"type":"Introduced in House","date":"2023-09-18","rule":"nearest","href":"https://www.congress.gov/bill/118th-congress/house-bill/5525/text/ih"},"current":true,"model":"claude-sonnet-5-5","approved":"2026-10-02","approved_by":"checks"},"sources":{"congress_gov":"https://www.congress.gov/bill/118th-congress/house-bill/5525","text":"https://www.congress.gov/bill/118th-congress/house-bill/5525/text"},"card":{"image":"card/item/118-hr-5525.png","v":"19b155fedda3","alt":"Votes on Record. H.R. 5525, 118th Congress: Continuing Appropriations and Border Security Enhancement Act, 2024. House: 198 Yea, 232 Nay. Outcome: Failed House, 29 Sep 2023."}}