---
title: "Border Act of 2024"
identifier: "118-S-4361"
congress: 118
bill_number: 4361
bill_type: "S"
version_code: "pcs"
version_type: "Placed on Calendar Senate"
bill_url: "https://chamberzero.com/congresses/118/bills/s/4361"
source: "https://www.congress.gov/bill/118th-congress/senate-bill/4361"
site: "Chamber Zero"
site_url: "https://chamberzero.com"
rendered_at: "2026-06-04T00:30:42.137Z"
---
## SEC. 1 Short title.

[Read Section 1 →](/congresses/118/bills/s/4361/sections/1-section-one.md)

## SEC. 2 Table of contents.

[Read Section 2 →](/congresses/118/bills/s/4361/sections/2.md)

## SEC. 3 References.

[Read Section 3 →](/congresses/118/bills/s/4361/sections/3.md)

# DIVISION A — BORDER SECURITY AND COMBATTING FENTANYL SUPPLEMENTAL APPROPRIATIONS ACT, 2024
The following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2024, and for other purposes, namely:
# TITLE I — DEPARTMENT OF JUSTICE

## Executive office for immigration review
For an additional amount for "Executive Office for Immigration Review", $440,000,000, to remain available until September 30, 2026: Provided, That of the total amounts provided under this heading in this Act, $404,000,000 shall be for Immigration Judge Teams, including appropriate attorneys, law clerks, paralegals, court administrators, and other support staff, as well as necessary court and adjudicatory costs, and $36,000,000 shall be for representation for certain incompetent adults pursuant to section 240(e) of the Immigration and Nationality Act (8 U.S.C. 1229a(e)): Provided further, That not more than 3 percent of the funds available for representation for certain incompetent adults in the preceding proviso shall be available for necessary administrative expenses: Provided further, That with the exception of immigration judges appointed pursuant to section 1003.10 of title 8, Code of Federal Regulations, amounts provided under this heading in this Act for Immigration Judge Teams may not be used to increase the number of permanent positions: Provided further, That the Executive Office for Immigration Review shall submit a spending plan to the Committees on Appropriations of the House of Representatives and the Senate within 45 days after the date of enactment of this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
## Legal activities

### SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
For an additional amount for "Salaries and Expenses, General Legal Activities", $11,800,000, to remain available until September 30, 2026, for necessary expenses of the Criminal Division associated with the Joint Task Force Alpha’s efforts to combat human trafficking and smuggling in the Western Hemisphere: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
## United states marshals service

### FEDERAL PRISONER DETENTION
For an additional amount for "United States Marshals Service—Federal Prisoner Detention", $210,000,000, to remain available until expended, for detention costs due to enforcement activities along the southern and northern borders: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
## Federal bureau of investigation

### SALARIES AND EXPENSES
For an additional amount for "Federal Bureau of Investigation—Salaries and Expenses", $204,000,000, to remain available until September 30, 2026, for expenses related to the analysis of DNA samples, including those samples collected from migrants detained by the United States Border Patrol: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
## Drug enforcement administration

### SALARIES AND EXPENSES
For an additional amount for "Drug Enforcement Administration—Salaries and Expenses", $23,200,000, to remain available until September 30, 2026, to enhance laboratory analysis of illicit fentanyl samples to trace illicit fentanyl supplies back to manufacturers, to support Operation Overdrive, and to bolster criminal drug network targeting efforts through data system improvements: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
# TITLE II — DEPARTMENT OF HOMELAND SECURITY

# DEPARTMENTAL MANAGEMENT, INTELLIGENCE, SITUATIONAL AWARENESS, AND OVERSIGHT

## Office of the secretary and executive management

### OPERATIONS AND SUPPORT
For an additional amount for "Office of the Secretary and Executive Management—Operations and Support", $33,000,000, to remain available until September 30, 2026, of which $30,000,000 shall be for necessary expenses relating to monitoring, recording, analyzing, public reporting on, and projecting migration flows and the impacts policy changes and funding have on flows and related resource requirements for border security, immigration enforcement, and immigration services and of which $3,000,000 shall be for the Office of the Immigration Detention Ombudsman for reporting and oversight relating to expanded detention capacity: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
# SECURITY, ENFORCEMENT, AND INVESTIGATIONS

## U.S. Customs and border protection

### OPERATIONS AND SUPPORT

### (INCLUDING TRANSFER OF FUNDS)
For an additional amount for "U.S. Customs and Border Protection—Operations and Support", $4,001,239,000, to remain available until September 30, 2026: Provided, That of the total amount provided under this heading in this Act, $2,091,363,000 shall be for operational requirements relating to migration surges along the southwest border, counter-fentanyl activities, necessary expenses at ports of entry, reimbursement to the Department of Defense for border operations support, and other related expenses; $1,134,876,000 shall be for the hiring of U.S. Customs and Border Protection personnel; $25,000,000 shall be for familial DNA testing; and $750,000,000 shall be transferred to "Federal Emergency Management Agency—Federal Assistance" to support sheltering and related activities provided by non-Federal entities through the Shelter and Services Program: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
### PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
For an additional amount for "U.S. Customs and Border Protection—Procurement, Construction, and Improvements", $2,334,000,000, to remain available until September 30, 2027: Provided, That of the total amount provided under this heading in this Act, $2,000,000,000 shall be for acquisition and deployment of non-intrusive inspection technology, $260,000,000 shall be for acquisition and deployment of border security technology, and $74,000,000 shall be for acquisition and deployment of air assets: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
## U.S. Immigration and customs enforcement

### OPERATIONS AND SUPPORT
For an additional amount for "U.S. Immigration and Customs Enforcement—Operations and Support", $6,043,876,000, to remain available until September 30, 2026: Provided, That of the total amount provided under this heading in this Act, $1,671,614,000 shall be for increased custodial detention capacity, $2,465,643,000 shall be for increased removal flights and related activities, including short-term staging facilities, $415,752,000 shall be for hiring U.S. Immigration and Customs Enforcement personnel, $203,765,000 shall be for counter fentanyl investigations and enforcement, and $1,287,102,000 shall be for increased enrollment capabilities and related activities within the Alternatives to Detention program: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
# PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

## Federal emergency management agency

### FEDERAL ASSISTANCE
For an additional amount for "Federal Emergency Management Agency—Federal Assistance", $100,000,000, to remain available until September 30, 2025, for Operation Stonegarden: Provided, That not less than 25 percent of the total amount provided under this heading in this Act shall be for States other than those located along the southwest border: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
# RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES

## U.S. Citizenship and immigration services

### OPERATIONS AND SUPPORT
For an additional amount for "U.S. Citizenship and Immigration Services—Operations and Support", $3,995,842,000, to remain available until September 30, 2026: Provided, That of the total amount provided under this heading in this Act, $3,383,262,000 shall be for hiring and associated costs, $112,580,000 shall be for non-personnel operations, including transcription services, and $500,000,000 shall be for facilities: Provided further, That such amounts shall be in addition to any other amounts made available for such purposes, and shall not be construed to require any reduction of any fee described in section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)): Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
## Federal law enforcement training centers

### OPERATIONS AND SUPPORT
For an additional amount for "Federal Law Enforcement Training Centers—Operations and Support", $50,703,000, to remain available until September 30, 2026: Provided, That of the total amount provided under this heading in this Act, $49,603,000 shall be for training-related expenses, to include instructors, tuition, and overhead costs associated with the delivery of basic law enforcement training and $1,100,000 shall be for the necessary mission support activities and facility maintenance required for law enforcement training: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
# GENERAL PROVISIONS—THIS TITLE

## SEC. 201

[Read Section 201 →](/congresses/118/bills/s/4361/sections/DA-TII-201.md)

## SEC. 202

[Read Section 202 →](/congresses/118/bills/s/4361/sections/DA-TII-202.md)

## SEC. 203

[Read Section 203 →](/congresses/118/bills/s/4361/sections/DA-TII-203.md)

## SEC. 204

[Read Section 204 →](/congresses/118/bills/s/4361/sections/DA-TII-204.md)

## SEC. 205

[Read Section 205 →](/congresses/118/bills/s/4361/sections/DA-TII-205.md)

## SEC. 206

[Read Section 206 →](/congresses/118/bills/s/4361/sections/DA-TII-206.md)

## SEC. 207

[Read Section 207 →](/congresses/118/bills/s/4361/sections/DA-TII-207.md)

## SEC. 208

[Read Section 208 →](/congresses/118/bills/s/4361/sections/DA-TII-208.md)

## SEC. 209

[Read Section 209 →](/congresses/118/bills/s/4361/sections/DA-TII-209.md)

## SEC. 210

[Read Section 210 →](/congresses/118/bills/s/4361/sections/DA-TII-210.md)

## SEC. 211

[Read Section 211 →](/congresses/118/bills/s/4361/sections/DA-TII-211.md)

# TITLE III — DEPARTMENT OF HEALTH AND HUMAN SERVICES

## Administration for children and families

### REFUGEE AND ENTRANT ASSISTANCE
For an additional amount for "Refugee and Entrant Assistance", $350,000,000, to remain available until expended, for carrying out section 235(c)(5)(B) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(5)(B)): Provided, That for the purposes of carrying out such section the Secretary of Health and Human Services may use amounts made available under this heading in this Act to award grants to, or enter into contracts with, public, private, or nonprofit organizations, including States: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
# TITLE IV — DEPARTMENT OF STATE AND RELATED AGENCY

# BILATERAL ECONOMIC ASSISTANCE

## Funds appropriated to the president

### INTERNATIONAL DISASTER ASSISTANCE
For an additional amount for "International Disaster Assistance", $850,000,000, to remain available until expended, to address humanitarian needs in the Western Hemisphere: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
### ECONOMIC SUPPORT FUND
For an additional amount for "Economic Support Fund", $415,000,000, to remain available until September 30, 2026: Provided, That of the total amount made available under this heading in this Act, $230,000,000 shall be made available to increase foreign country capacity to accept and integrate returned and removed individuals, which shall be administered in consultation with the Secretary of Homeland Security, including to address partner government requests that enable the achievement of such objectives, as appropriate: Provided further, That of the total amount made available under this heading in this Act, $185,000,000 shall be made available to reduce irregular migration within the Western Hemisphere: Provided further, That prior to the obligation of funds made available pursuant to the preceding proviso that are made available to support the repatriation operations of a foreign government, the Secretary of State shall submit to the appropriate congressional committees a monitoring and oversight plan for the use of such funds, and such funds shall be subject to prior consultation with such committees and the regular notification procedures of the Committees on Appropriations: Provided further, That the Secretary of State shall submit to such committees the text of any agreements or awards related to such operations, which may include documents submitted in classified form, as appropriate, including any agreement with a foreign government, nongovernment entity, or international organization, as applicable, not later than 5 days after the effective date of such document: Provided further, That funds appropriated under this heading in this Act may be made available as contributions: Provided further, That funds appropriated under this heading in this Act shall not be used to support the refoulement of migrants or refugees: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
# INTERNATIONAL SECURITY ASSISTANCE

## Department of state

### INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
For an additional amount for "International Narcotics Control and Law Enforcement", $25,000,000, to remain available until September 30, 2025, to counter the flow of fentanyl, fentanyl precursors, and other synthetic drugs into the United States, following consultation with the Committees on Appropriations: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985..
# TITLE V — GENERAL PROVISIONS—THIS ACT

## SEC. 501

[Read Section 501 →](/congresses/118/bills/s/4361/sections/DA-TV-501.md)

## SEC. 502

[Read Section 502 →](/congresses/118/bills/s/4361/sections/DA-TV-502.md)

## SEC. 503

[Read Section 503 →](/congresses/118/bills/s/4361/sections/DA-TV-503.md)

## SEC. 504

[Read Section 504 →](/congresses/118/bills/s/4361/sections/DA-TV-504.md)

## SEC. 505

[Read Section 505 →](/congresses/118/bills/s/4361/sections/DA-TV-505.md)
This division may be cited as the "Border Security and Combatting Fentanyl Supplemental Appropriations Act, 2024".
# DIVISION B — Border Act

## SEC. 1 Short title; table of contents.

[Read Section 1 →](/congresses/118/bills/s/4361/sections/DB-1-section-one.md)

## SEC. 2 Definitions.

[Read Section 2 →](/congresses/118/bills/s/4361/sections/DB-2.md)

# TITLE I — Capacity building

## Subtitle A — Hiring, training, and systems modernization

## CHAPTER 1 — Hiring authorities

## SEC. 101 USCIS direct hire authority.

[Read Section 101 →](/congresses/118/bills/s/4361/sections/DB-TI-101.md)

## SEC. 102 ICE direct hire authority.

[Read Section 102 →](/congresses/118/bills/s/4361/sections/DB-TI-102.md)

## SEC. 103 Reemployment of civilian retirees to meet exceptional employment needs.

[Read Section 103 →](/congresses/118/bills/s/4361/sections/DB-TI-103.md)

## SEC. 104 Establishment of special pay rate for asylum officers.

[Read Section 104 →](/congresses/118/bills/s/4361/sections/DB-TI-104.md)

## CHAPTER 2 — Hiring waivers

## SEC. 111 Hiring flexibility.

[Read Section 111 →](/congresses/118/bills/s/4361/sections/DB-TI-111.md)

## SEC. 112 Supplemental Commissioner authority and definitions.

[Read Section 112 →](/congresses/118/bills/s/4361/sections/DB-TI-112.md)

## CHAPTER 3 — Alternatives to detention improvements and training for U.S. Border Patrol

## SEC. 121 Alternatives to detention improvements.

[Read Section 121 →](/congresses/118/bills/s/4361/sections/DB-TI-121.md)

## SEC. 122 Training for U.S. Border Patrol.

[Read Section 122 →](/congresses/118/bills/s/4361/sections/DB-TI-122.md)

## CHAPTER 4 — Modernizing notices to appear

## SEC. 131 Electronic notices to appear.

[Read Section 131 →](/congresses/118/bills/s/4361/sections/DB-TI-131.md)

## SEC. 132 Authority to prepare and issue notices to appear.

[Read Section 132 →](/congresses/118/bills/s/4361/sections/DB-TI-132.md)

## Subtitle B — Asylum processing at the border

## SEC. 141 Provisional noncustodial removal proceedings.

[Read Section 141 →](/congresses/118/bills/s/4361/sections/DB-TI-141.md)

## SEC. 142 Protection merits removal proceedings.

[Read Section 142 →](/congresses/118/bills/s/4361/sections/DB-TI-142.md)

## SEC. 143 Voluntary departure after noncustodial processing; withdrawal of application for admission.

[Read Section 143 →](/congresses/118/bills/s/4361/sections/DB-TI-143.md)

## SEC. 144 Voluntary repatriation.

[Read Section 144 →](/congresses/118/bills/s/4361/sections/DB-TI-144.md)

## SEC. 145 Immigration Examinations Fee Account.

[Read Section 145 →](/congresses/118/bills/s/4361/sections/DB-TI-145.md)

## SEC. 146 Border reforms.

[Read Section 146 →](/congresses/118/bills/s/4361/sections/DB-TI-146.md)

## SEC. 147 Protection Appellate Board.

[Read Section 147 →](/congresses/118/bills/s/4361/sections/DB-TI-147.md)

# TITLE II — Asylum processing enhancements

## SEC. 201 Combined screenings.

[Read Section 201 →](/congresses/118/bills/s/4361/sections/DB-TII-201.md)

## SEC. 202 Credible fear standard and asylum bars at screening interview.

[Read Section 202 →](/congresses/118/bills/s/4361/sections/DB-TII-202.md)

## SEC. 203 Internal relocation.

[Read Section 203 →](/congresses/118/bills/s/4361/sections/DB-TII-203.md)

## SEC. 204 Asylum officer clarification.

[Read Section 204 →](/congresses/118/bills/s/4361/sections/DB-TII-204.md)

# TITLE III — Securing America

## Subtitle A — Border emergency authority

## SEC. 301 Border emergency authority.

[Read Section 301 →](/congresses/118/bills/s/4361/sections/DB-TIII-301.md)

## Subtitle B — Fulfilling promises to Afghan allies

## SEC. 311 Definitions.

[Read Section 311 →](/congresses/118/bills/s/4361/sections/DB-TIII-311.md)

## SEC. 312 Support for Afghan allies outside the United States.

[Read Section 312 →](/congresses/118/bills/s/4361/sections/DB-TIII-312.md)

## SEC. 313 Conditional permanent resident status for eligible individuals.

[Read Section 313 →](/congresses/118/bills/s/4361/sections/DB-TIII-313.md)

## SEC. 314 Refugee processes for certain at-risk Afghan allies.

[Read Section 314 →](/congresses/118/bills/s/4361/sections/DB-TIII-314.md)

## SEC. 315 Improving efficiency and oversight of refugee and special immigrant processing.

[Read Section 315 →](/congresses/118/bills/s/4361/sections/DB-TIII-315.md)

## SEC. 316 Support for certain vulnerable Afghans relating to employment by or on behalf of the United States.

[Read Section 316 →](/congresses/118/bills/s/4361/sections/DB-TIII-316.md)

## SEC. 317 Support for allies seeking resettlement in the United States.

[Read Section 317 →](/congresses/118/bills/s/4361/sections/DB-TIII-317.md)

## SEC. 318 Reporting.

[Read Section 318 →](/congresses/118/bills/s/4361/sections/DB-TIII-318.md)

# TITLE IV — Promoting legal immigration

## SEC. 401 Employment authorization for fiancés, fiancées, spouses, and children of United States citizens and specialty workers.

[Read Section 401 →](/congresses/118/bills/s/4361/sections/DB-TIV-401.md)

## SEC. 402 Additional visas.

[Read Section 402 →](/congresses/118/bills/s/4361/sections/DB-TIV-402.md)

## SEC. 403 Children of long-term visa holders.

[Read Section 403 →](/congresses/118/bills/s/4361/sections/DB-TIV-403.md)

## SEC. 404 Military naturalization modernization.

[Read Section 404 →](/congresses/118/bills/s/4361/sections/DB-TIV-404.md)

## SEC. 405 Temporary family visits.

[Read Section 405 →](/congresses/118/bills/s/4361/sections/DB-TIV-405.md)

# TITLE V — Self-sufficiency and due process

## Subtitle A — Work authorizations

## SEC. 501 Work authorization.

[Read Section 501 →](/congresses/118/bills/s/4361/sections/DB-TV-501.md)

## SEC. 502 Employment eligibility.

[Read Section 502 →](/congresses/118/bills/s/4361/sections/DB-TV-502.md)

## Subtitle B — Protecting due process

## SEC. 511 Access to counsel.

[Read Section 511 →](/congresses/118/bills/s/4361/sections/DB-TV-511.md)

## SEC. 512 Counsel for certain unaccompanied alien children.

[Read Section 512 →](/congresses/118/bills/s/4361/sections/DB-TV-512.md)

## SEC. 513 Counsel for certain incompetent individuals.

[Read Section 513 →](/congresses/118/bills/s/4361/sections/DB-TV-513.md)

## SEC. 514 Conforming amendment.

[Read Section 514 →](/congresses/118/bills/s/4361/sections/DB-TV-514.md)

# TITLE VI — Accountability and metrics

## SEC. 601 Employment authorization compliance.

[Read Section 601 →](/congresses/118/bills/s/4361/sections/DB-TVI-601.md)

## SEC. 602 Legal access in custodial settings.

[Read Section 602 →](/congresses/118/bills/s/4361/sections/DB-TVI-602.md)

## SEC. 603 Credible fear and protection determinations.

[Read Section 603 →](/congresses/118/bills/s/4361/sections/DB-TVI-603.md)

## SEC. 604 Publication of operational statistics by U.S. Customs and Border Protection.

[Read Section 604 →](/congresses/118/bills/s/4361/sections/DB-TVI-604.md)

## SEC. 605 Utilization of parole authorities.

[Read Section 605 →](/congresses/118/bills/s/4361/sections/DB-TVI-605.md)

## SEC. 606 Accountability in provisional removal proceedings.

[Read Section 606 →](/congresses/118/bills/s/4361/sections/DB-TVI-606.md)

## SEC. 607 Accountability in voluntary repatriation, withdrawal, and departure.

[Read Section 607 →](/congresses/118/bills/s/4361/sections/DB-TVI-607.md)

## SEC. 608 GAO analysis of immigration judge and asylum officer decision-making regarding asylum, withholding of removal, and protection under the Convention Against Torture.

[Read Section 608 →](/congresses/118/bills/s/4361/sections/DB-TVI-608.md)

## SEC. 609 Report on counsel for unaccompanied alien children.

[Read Section 609 →](/congresses/118/bills/s/4361/sections/DB-TVI-609.md)

## SEC. 610 Recalcitrant countries.

[Read Section 610 →](/congresses/118/bills/s/4361/sections/DB-TVI-610.md)

# TITLE VII — Other matters

## SEC. 701 Severability.

[Read Section 701 →](/congresses/118/bills/s/4361/sections/DB-TVII-701.md)

# TITLE VIII — Budgetary effects

## SEC. 801 Budgetary effects.

[Read Section 801 →](/congresses/118/bills/s/4361/sections/DB-TVIII-801.md)
