Department of Homeland Security Appropriations Act, 2023
This bill provides FY2023 appropriations for the Department of Homeland Security (DHS).
Specifically, the bill provides appropriations to DHS for Departmental Management, Intelligence, Situational Awareness, and Oversight, including
In addition, the bill provides appropriations for Security, Enforcement, and Investigations, including
The bill provides appropriations for Protection, Preparedness, Response, and Recovery, including
The bill provides appropriations for Research, Development, Training, and Services, including
The bill also sets forth requirements and restrictions for using funds provided by this and other appropriations acts.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8257 Reported in House (RH)]
<DOC>
Union Calendar No. 304
117th CONGRESS
2d Session
H. R. 8257
[Report No. 117-396]
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2023, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 1, 2022
Ms. Roybal-Allard, from the Committee on Appropriations, reported the
following bill; which was committed to the Committee of the Whole House
on the State of the Union and ordered to be printed
_______________________________________________________________________
A BILL
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2023, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the Department of Homeland Security for the fiscal
year ending September 30, 2023, and for other purposes, namely:
TITLE I
DEPARTMENTAL MANAGEMENT, INTELLIGENCE, SITUATIONAL AWARENESS, AND
OVERSIGHT
Office of the Secretary and Executive Management
operations and support
For necessary expenses of the Office of the Secretary and for
executive management for operations and support, $346,717,000; of which
$28,570,000 shall be for the Office of the Ombudsman for Immigration
Detention, of which $5,000,000 shall remain available until September
30, 2024: Provided, That not to exceed $30,000 shall be for official
reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Office of the Secretary and for
executive management for procurement, construction, and improvements,
$8,048,000, which shall remain available until September 30, 2025.
federal assistance
(including transfer of funds)
For necessary expenses of the Office of the Secretary and for
executive management for Federal assistance through grants, contracts,
cooperative agreements, and other activities, $40,000,000, which shall
be transferred to ``Federal Emergency Management Agency--Federal
Assistance'', of which $20,000,000 shall be for targeted violence and
terrorism prevention grants and of which $20,000,000 shall be for the
Alternatives to Detention Case Management program, to remain available
until September 30, 2024.
Management Directorate
operations and support
For necessary expenses of the Management Directorate for operations
and support, including vehicle fleet modernization, $1,787,000,000, of
which $76,000,000 shall remain available until September 30, 2024:
Provided, That not to exceed $2,000 shall be for official reception and
representation expenses.
procurement, construction, and improvements
For necessary expenses of the Management Directorate for
procurement, construction, and improvements, $597,378,000, of which
$182,378,000 shall remain available until September 30, 2025, and of
which $415,000,000 shall remain available until September 30, 2027.
federal protective service
The revenues and collections of security fees credited to this
account shall be available until expended for necessary expenses
related to the protection of federally owned and leased buildings and
for the operations of the Federal Protective Service.
Intelligence, Analysis, and Situational Awareness
operations and support
For necessary expenses of the Office of Intelligence and Analysis
and the Office of Homeland Security Situational Awareness for
operations and support, $341,159,000, of which $119,792,000 shall
remain available until September 30, 2024: Provided, That not to
exceed $3,825 shall be for official reception and representation
expenses and not to exceed $2,000,000 is available for facility needs
associated with secure space at fusion centers, including improvements
to buildings.
Office of the Inspector General
operations and support
For necessary expenses of the Office of the Inspector General for
operations and support, $218,379,000: Provided, That not to exceed
$300,000 may be used for certain confidential operational expenses,
including the payment of informants, to be expended at the direction of
the Inspector General.
Administrative Provisions
(including transfer of funds)
Sec. 101. (a) The Secretary of Homeland Security shall submit a
report not later than October 15, 2023, to the Inspector General of the
Department of Homeland Security listing all grants and contracts
awarded by any means other than full and open competition during fiscal
years 2022 or 2023.
(b) The Inspector General shall review the report required by
subsection (a) to assess departmental compliance with applicable laws
and regulations and report the results of that review to the Committees
on Appropriations of the Senate and the House of Representatives not
later than February 15, 2024.
Sec. 102. Not later than 30 days after the last day of each month,
the Chief Financial Officer of the Department of Homeland Security
shall submit to the Committees on Appropriations of the Senate and the
House of Representatives a monthly budget and staffing report that
includes total obligations of the Department for that month and for the
fiscal year at the appropriation and program, project, and activity
levels, by the source year of the appropriation.
Sec. 103. The Secretary of Homeland Security shall require that
all contracts of the Department of Homeland Security that provide award
fees link such fees to successful acquisition outcomes, which shall be
specified in terms of cost, schedule, and performance.
Sec. 104. (a) The Secretary of Homeland Security, in consultation
with the Secretary of the Treasury, shall notify the Committees on
Appropriations of the Senate and the House of Representatives of any
proposed transfers of funds available under section 9705(g)(4)(B) of
title 31, United States Code, from the Department of the Treasury
Forfeiture Fund to any agency within the Department of Homeland
Security.
(b) None of the funds identified for such a transfer may be
obligated until the Committees on Appropriations of the Senate and the
House of Representatives are notified of the proposed transfer.
Sec. 105. All official costs associated with the use of Government
aircraft by Department of Homeland Security personnel to support
official travel of the Secretary and the Deputy Secretary shall be paid
from amounts made available for the Office of the Secretary.
Sec. 106. (a) The Under Secretary for Management shall brief the
Committees on Appropriations of the Senate and the House of
Representatives not later than 30 days after the end of each fiscal
quarter on all Level 1 and Level 2 acquisition programs on the Master
Acquisition Oversight list between Acquisition Decision Event 1 and
Full Operational Capability, including programs that have been removed
from such list during the preceding quarter.
(b) For each such program, the briefing described in subsection (a)
shall include--
(1) a description of the purpose of the program, including
the capabilities being acquired and the component(s) sponsoring
the acquisition;
(2) the total number of units, as appropriate, to be
acquired annually until procurement is complete under the
current acquisition program baseline;
(3) the Acquisition Review Board status, including--
(A) the current acquisition phase by increment, as
applicable;
(B) the date of the most recent review; and
(C) whether the program has been paused or is in
breach status;
(4) a comparison between the initial Department-approved
acquisition program baseline cost, schedule, and performance
thresholds and objectives and the program's current such
thresholds and objectives, if applicable;
(5) the lifecycle cost estimate, including--
(A) the confidence level for the estimate;
(B) the fiscal years included in the estimate;
(C) a breakout of the estimate for the prior five
years, the current year, and the budget year;
(D) a breakout of the estimate by appropriation
account or other funding source; and
(E) a description of and rationale for any changes
to the estimate as compared to the previously approved
baseline, as applicable, and during the prior fiscal
year;
(6) a summary of the findings of any independent
verification and validation of the items to be acquired or an
explanation for why no such verification and validation has
been performed;
(7) a table displaying the obligation of all program funds
by prior fiscal year, the estimated obligation of funds for the
current fiscal year, and an estimate for the planned carryover
of funds into the subsequent fiscal year;
(8) a listing of prime contractors and major
subcontractors; and
(9) narrative descriptions of risks to cost, schedule, or
performance that could result in a program breach if not
successfully mitigated.
(c) The Under Secretary for Management shall submit each approved
Acquisition Decision Memorandum for programs described in this section
to the Committees on Appropriations of the Senate and the House of
Representatives not later than five business days after the date of
approval of such memorandum by the Under Secretary for Management or
the designee of the Under Secretary.
Sec. 107. (a) None of the funds made available to the Department of
Homeland Security in this Act or prior appropriations Acts may be
obligated for any new pilot or demonstration program unless the
component or office carrying out such pilot or program has documented
the information described in subsection (c).
(b) Prior to the obligation of any such funds made available for
``Operations and Support'' for a new operational pilot or demonstration
program, the Under Secretary for Management shall provide a report to
the Committees on Appropriations of the Senate and the House of
Representatives on the information described in subsection (c).
(c) The information required under subsections (a) and (b) for a
new pilot or program shall include the following--
(1) documented objectives that are well-defined and
measurable;
(2) an assessment methodology that details--
(A) the type and source of assessment data;
(B) the methods for and frequency of collecting
such data; and
(C) how such data will be analyzed; and
(3) an implementation plan, including milestones, a cost
estimate, and schedule, including an end date.
(d) Not later than 90 days after the date of completion of a pilot
or program described in subsection (e), the Under Secretary for
Management shall provide a report to the Committees on Appropriations
of the Senate and the House of Representatives detailing lessons
learned, actual costs, any planned expansion or continuation of the
pilot or program, and any planned transition of such pilot or program
into an enduring program or operation.
(e) For the purposes of this section, a pilot or demonstration
program is a policy implementation, study, demonstration, experimental
program, or trial that--
(1) is a small-scale, short-term experiment conducted in
order to evaluate feasibility, duration, costs, or adverse
events, and improve upon the design of an effort prior to
implementation of a larger scale effort; and
(2) uses more than 5 full-time equivalents or obligates
more than $1,000,000.
Sec. 108. Of the amount made available by section 4005 of the
American Rescue Plan Act of 2021 (Public Law 117-2), $14,000,000 shall
be transferred to ``Office of Inspector General--Operations and
Support'' for oversight of the use of funds made available under such
section 4005.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
operations and support
(including transfer of funds)
For necessary expenses of U.S. Customs and Border Protection for
operations and support, including the transportation of unaccompanied
alien minors; the provision of air and marine support to Federal,
State, local, and international agencies in the enforcement or
administration of laws enforced by the Department of Homeland Security;
at the discretion of the Secretary of Homeland Security, the provision
of such support to Federal, State, and local agencies in other law
enforcement and emergency humanitarian efforts; the purchase and lease
of up to 7,500 (6,500 for replacement only) police-type vehicles; the
purchase, maintenance, or operation of marine vessels, aircraft, and
unmanned aerial systems; and contracting with individuals for personal
services abroad; $14,690,501,000; of which $3,274,000 shall be derived
from the Harbor Maintenance Trust Fund for administrative expenses
related to the collection of the Harbor Maintenance Fee pursuant to
section 9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C.
9505(c)(3)) and notwithstanding section 1511(e)(1) of the Homeland
Security Act of 2002 (6 U.S.C. 551(e)(1)); of which $200,000,000 shall
be available until September 30, 2024; and of which such sums as become
available in the Customs User Fee Account, except sums subject to
section 13031(f)(3) of the Consolidated Omnibus Budget Reconciliation
Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account:
Provided, That not to exceed $34,425 shall be for official reception
and representation expenses: Provided further, That not to exceed
$150,000 shall be available for payment for rental space in connection
with preclearance operations: Provided further, That not to exceed
$2,000,000 shall be for awards of compensation to informants, to be
accounted for solely under the certificate of the Secretary of Homeland
Security: Provided further, That not to exceed $5,000,000 may be
transferred to the Bureau of Indian Affairs for the maintenance and
repair of roads on Native American reservations used by the U.S. Border
Patrol.
procurement, construction, and improvements
For necessary expenses of U.S. Customs and Border Protection for
procurement, construction, and improvements, including procurement of
marine vessels, aircraft, and unmanned aerial systems, $547,539,000, of
which $402,180,000 shall remain available until September 30, 2025; and
of which $145,359,000 shall remain available until September 30, 2027.
U.S. Immigration and Customs Enforcement
operations and support
For necessary expenses of U.S. Immigration and Customs Enforcement
for operations and support, including the purchase and lease of up to
3,790 (2,350 for replacement only) police-type vehicles; overseas
vetted units; and maintenance, minor construction, and minor leasehold
improvements at owned and leased facilities; $8,298,567,000; of which
not less than $6,000,000 shall remain available until expended for
efforts to enforce laws against forced child labor; of which
$46,696,000 shall remain available until September 30, 2024; of which
not less than $1,500,000 is for paid apprenticeships for participants
in the Human Exploitation Rescue Operative Child-Rescue Corps; of which
not less than $15,000,000 shall be available for investigation of
intellectual property rights violations, including operation of the
National Intellectual Property Rights Coordination Center; of which not
less than $13,500,000 shall be used for providing financial assistance
for operational, administrative, salary reimbursement, and technology
costs associated with participation of Federal, State, local, tribal,
and territorial law enforcement officers on the Homeland Security
Investigations Border Enforcement Security Task Force; and of which
$3,923,433,000 shall be for enforcement, detention, and removal
operations, including support for joint processing centers and
transportation of unaccompanied alien minors: Provided, That not to
exceed $11,475 shall be for official reception and representation
expenses: Provided further, That not to exceed $10,000,000 shall be
available until expended for conducting special operations under
section 3131 of the Customs Enforcement Act of 1986 (19 U.S.C. 2081):
Provided further, That not to exceed $2,000,000 shall be for awards of
compensation to informants, to be accounted for solely under the
certificate of the Secretary of Homeland Security: Provided further,
That not to exceed $11,216,000 shall be available to fund or reimburse
other Federal agencies for the costs associated with the care,
maintenance, and repatriation of smuggled aliens unlawfully present in
the United States: Provided further, That of the amounts made
available under this heading for Executive Leadership and Oversight,
$5,000,000 shall not be available for obligation until the reports
directed under this heading in the explanatory statements accompanying
Public Laws 116-6, 116-93, and 117-103 have been submitted to the
Committees on Appropriations of the Senate and the House of
Representatives: Provided further, That the amount made available
under this heading for Executive Leadership and Oversight shall be
reduced each month by $25,000 for each day after the required date that
the briefing described in section 219 has not been provided to the
Committees on Appropriations of the Senate and the House of
Representatives.
procurement, construction, and improvements
For necessary expenses of U.S. Immigration and Customs Enforcement
for procurement, construction, and improvements, $97,762,000, of which
$22,997,000 shall remain available until September 30, 2025, and of
which $74,765,000 shall remain available until September 30, 2027.
Transportation Security Administration
operations and support
For necessary expenses of the Transportation Security
Administration for operations and support, $9,244,863,000, to remain
available until September 30, 2024: Provided, That not to exceed
$7,650 shall be for official reception and representation expenses:
Provided further, That security service fees authorized under section
44940 of title 49, United States Code, shall be credited to this
appropriation as offsetting collections and shall be available only for
aviation security: Provided further, That the sum appropriated under
this heading from the general fund shall be reduced on a dollar-for-
dollar basis as such offsetting collections are received during fiscal
year 2023 so as to result in a final fiscal year appropriation from the
general fund estimated at not more than $6,754,863,000.
procurement, construction, and improvements
For necessary expenses of the Transportation Security
Administration for procurement, construction, and improvements,
$141,689,000, to remain available until September 30, 2025.
research and development
For necessary expenses of the Transportation Security
Administration for research and development, $33,532,000, to remain
available until September 30, 2024.
Coast Guard
operations and support
For necessary expenses of the Coast Guard for operations and
support including the Coast Guard Reserve; purchase or lease of not to
exceed 25 passenger motor vehicles, which shall be for replacement
only; purchase or lease of small boats for contingent and emergent
requirements (at a unit cost of not more than $700,000) and repairs and
service-life replacements, not to exceed a total of $31,000,000;
purchase, lease, or improvements of boats necessary for overseas
deployments and activities; payments pursuant to section 156 of Public
Law 97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation and
welfare; $9,751,469,000, of which $530,000,000 shall be for defense-
related activities; of which $24,500,000 shall be derived from the Oil
Spill Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of
which $6,000,000 shall remain available until September 30, 2025; of
which $28,386,000 shall remain available until September 30, 2027, for
environmental compliance and restoration; and of which $70,000,000
shall remain available until September 30, 2024, which shall only be
available for vessel depot level maintenance: Provided, That not to
exceed $23,000 shall be for official reception and representation
expenses.
procurement, construction, and improvements
For necessary expenses of the Coast Guard for procurement,
construction, and improvements, including aids to navigation, shore
facilities (including facilities at Department of Defense installations
used by the Coast Guard), and vessels and aircraft, including equipment
related thereto, $2,301,050,000, to remain available until September
30, 2027; of which $20,000,000 shall be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of section 1012(a)(5) of
the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)).
research and development
For necessary expenses of the Coast Guard for research and
development; and for maintenance, rehabilitation, lease, and operation
of facilities and equipment; $7,476,000, to remain available until
September 30, 2025, of which $500,000 shall be derived from the Oil
Spill Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)):
Provided, That there may be credited to and used for the purposes of
this appropriation funds received from State and local governments,
other public authorities, private sources, and foreign countries for
expenses incurred for research, development, testing, and evaluation.
retired pay
For retired pay, including the payment of obligations otherwise
chargeable to lapsed appropriations for this purpose, payments under
the Retired Serviceman's Family Protection and Survivor Benefits Plans,
payment for career status bonuses, payment of continuation pay under
section 356 of title 37, United States Code, concurrent receipts,
combat-related special compensation, and payments for medical care of
retired personnel and their dependents under chapter 55 of title 10,
United States Code, $2,044,414,000, to remain available until expended.
United States Secret Service
operations and support
For necessary expenses of the United States Secret Service for
operations and support, including purchase of not to exceed 652
vehicles for police-type use; hire of passenger motor vehicles;
purchase of motorcycles made in the United States; hire of aircraft;
rental of buildings in the District of Columbia; fencing, lighting,
guard booths, and other facilities on private or other property not in
Government ownership or control, as may be necessary to perform
protective functions; conduct of and participation in firearms matches;
presentation of awards; conduct of behavioral research in support of
protective intelligence and operations; payment in advance for
commercial accommodations as may be necessary to perform protective
functions; and payment, without regard to section 5702 of title 5,
United States Code, of subsistence expenses of employees who are on
protective missions, whether at or away from their duty stations;
$2,645,596,000; of which $52,296,000 shall remain available until
September 30, 2024, and of which $6,000,000 shall be for a grant for
activities related to investigations of missing and exploited children;
and of which up to $17,000,000 may be for calendar year 2022 premium
pay in excess of the annual equivalent of the limitation on the rate of
pay contained in section 5547(a) of title 5, United States Code,
pursuant to section 2 of the Overtime Pay for Protective Services Act
of 2016 (5 U.S.C. 5547 note), as last amended by Public Law 116-269:
Provided, That not to exceed $19,125 shall be for official reception
and representation expenses: Provided further, That not to exceed
$100,000 shall be to provide technical assistance and equipment to
foreign law enforcement organizations in criminal investigations within
the jurisdiction of the United States Secret Service.
procurement, construction, and improvements
For necessary expenses of the United States Secret Service for
procurement, construction, and improvements, $77,888,000, to remain
available until September 30, 2025.
research and development
For necessary expenses of the United States Secret Service for
research and development, $4,025,000, to remain available until
September 30, 2024.
Administrative Provisions
(including transfer of funds)
Sec. 201. Section 201 of the Department of Homeland Security
Appropriations Act, 2018 (division F of Public Law 115-141), related to
overtime compensation limitations, shall apply with respect to funds
made available in this Act in the same manner as such section applied
to funds made available in that Act, except that ``fiscal year 2023''
shall be substituted for ``fiscal year 2018''.
Sec. 202. Funding made available under the headings ``U.S. Customs
and Border Protection--Operations and Support'' and ``U.S. Customs and
Border Protection--Procurement, Construction, and Improvements'' shall
be available for customs expenses when necessary to maintain operations
and prevent adverse personnel actions in Puerto Rico and the U.S.
Virgin Islands, in addition to funding provided by sections 740 and
1406i of title 48, United States Code.
Sec. 203. As authorized by section 601(b) of the United States-
Colombia Trade Promotion Agreement Implementation Act (Public Law 112-
42), fees collected from passengers arriving from Canada, Mexico, or an
adjacent island pursuant to section 13031(a)(5) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall
be available until expended.
Sec. 204. (a) For an additional amount for ``U.S. Customs and
Border Protection--Operations and Support'', $31,000,000, to remain
available until expended, to be reduced by amounts collected and
credited to this appropriation in fiscal year 2023 from amounts
authorized to be collected by section 286(i) of the Immigration and
Nationality Act (8 U.S.C. 1356(i)), section 10412 of the Farm Security
and Rural Investment Act of 2002 (7 U.S.C. 8311), and section 817 of
the Trade Facilitation and Trade Enforcement Act of 2015 (Public Law
114-25), or other such authorizing language.
(b) To the extent that amounts realized from such collections
exceed $31,000,000, those amounts in excess of $31,000,000 shall be
credited to this appropriation, to remain available until expended.
Sec. 205. None of the funds made available in this Act for U.S.
Customs and Border Protection may be used to prevent an individual not
in the business of importing a prescription drug (within the meaning of
section 801(g) of the Federal Food, Drug, and Cosmetic Act) from
importing a prescription drug from Canada that complies with the
Federal Food, Drug, and Cosmetic Act: Provided, That this section
shall apply only to individuals transporting on their person a
personal-use quantity of the prescription drug, not to exceed a 90-day
supply: Provided further, That the prescription drug may not be--
(1) a controlled substance, as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
Sec. 206. (a) Notwithstanding any other provision of law, none of
the funds provided in this or any other Act shall be used to approve a
waiver of the navigation and vessel-inspection laws pursuant to section
501(b) of title 46, United States Code, for the transportation of crude
oil distributed from and to the Strategic Petroleum Reserve until the
Secretary of Homeland Security, after consultation with the Secretaries
of the Departments of Energy and Transportation and representatives
from the United States flag maritime industry, takes adequate measures
to ensure the use of United States flag vessels.
(b) The Secretary shall notify the Committees on Appropriations of
the Senate and the House of Representatives, the Committee on Commerce,
Science, and Transportation of the Senate, and the Committee on
Transportation and Infrastructure of the House of Representatives
within 2 business days of any request for waivers of navigation and
vessel-inspection laws pursuant to section 501(b) of title 46, United
States Code, with respect to such transportation, and the disposition
of such requests.
Sec. 207. (a) Beginning on the date of enactment of this Act, the
Secretary of Homeland Security shall not--
(1) establish, collect, or otherwise impose any new border
crossing fee on individuals crossing the Southern border or the
Northern border at a land port of entry; or
(2) conduct any study relating to the imposition of a
border crossing fee.
(b) In this section, the term ``border crossing fee'' means a fee
that every pedestrian, cyclist, and driver and passenger of a private
motor vehicle is required to pay for the privilege of crossing the
Southern border or the Northern border at a land port of entry.
Sec. 208. (a) Not later than 90 days after the date of enactment of
this Act, the Secretary of Homeland Security shall submit an
expenditure plan for any amounts made available for ``U.S. Customs and
Border Protection--Procurement, Construction, and Improvements'' in
this Act and prior Acts to the Committees on Appropriations of the
Senate and the House of Representatives.
(b) No such amounts may be obligated prior to the submission of
such plan.
Sec. 209. Federal funds may not be made available for the
construction of fencing--
(1) within the Santa Ana Wildlife Refuge;
(2) within the Bentsen-Rio Grande Valley State Park;
(3) within La Lomita Historical park;
(4) within the National Butterfly Center;
(5) within or east of the Vista del Mar Ranch tract of the
Lower Rio Grande Valley National Wildlife Refuge;
(6) within any cemetery designated as a historic cemetery
under State law or regulation;
(7) within the San Ygnacio Bird Sanctuary & Riverfront; or
(8) within the Salineno Wildlife Preserve.
Sec. 210. (a) The unobligated balances of amounts specified in
paragraphs (1) through (5) of section 230(a) of division F of the
Consolidated Appropriations Act, 2018 (Public Law 115-141), section
230(a)(1) of division A of the Consolidated Appropriations Act, 2019
(Public Law 116-6), section 209(a)(1) of division D of the Consolidated
Appropriations Act, 2020 (Public Law 116-93), and section 210 of
division F of the Consolidated Appropriations Act, 2021 (Public Law
116-260) shall, in addition to the purposes for which they were
originally appropriated, be available for--
(1) the construction and improvement of roads along the
southwest border;
(2) control of vegetation along the southwest border that
creates obstacles to the detection of illegal entry;
(3) remediation and environmental mitigation, including
scientific studies, related to border barrier construction,
including barrier construction undertaken by the Department of
Defense; and
(4) the acquisition and deployment of border security
technology at and between ports of entry along the southwest
border.
(b) Amounts repurposed by this section shall be in addition to any
other amounts made available for such purposes.
Sec. 211. The Secretary of Homeland Security may transfer up to
$100,000,000 in unobligated balances available from prior
appropriations Acts under the heading ``U.S. Customs and Border
Protection--Procurement, Construction, and Improvements'' to the
Department of the Interior (including any agency or bureau within the
Department of the Interior) or the Forest Service within the Department
of Agriculture for the execution of environmental and other mitigation
projects or activities, including the acquisition of land and
scientific studies, related to the construction of border barriers on
the southwest border during fiscal years 2017 through 2021 by U.S.
Customs and Border Protection and the Department of Defense.
Sec. 212. Section 230(b) of division F of the Consolidated
Appropriations Act, 2018 (Public Law 115-141), section 230(b) of
division A of the Consolidated Appropriations Act, 2019 (Public Law
116-6), section 209(b) of division D of the Consolidated Appropriations
Act, 2020 (Public Law 116-93) (including with respect to section 210 of
division F of the Consolidated Appropriations Act, 2021 (Public Law
116-260)) shall no longer apply.
Sec. 213. None of the funds provided under the heading ``U.S.
Immigration and Customs Enforcement--Operations and Support'' may be
used to continue a delegation of law enforcement authority authorized
under section 287(g) of the Immigration and Nationality Act (8 U.S.C.
1357(g)) if the Department of Homeland Security Inspector General
determines that the terms of the agreement governing the delegation of
authority have been materially violated.
Sec. 214. (a) None of the funds provided under the heading ``U.S.
Immigration and Customs Enforcement--Operations and Support'' may be
used to continue any contract for the provision of detention services
if the two most recent overall performance evaluations received by the
contracted facility are less than ``adequate'' or the equivalent median
score in any subsequent performance evaluation system.
(b) The performance evaluations referenced in subsection (a) shall
be conducted by the U.S. Immigration and Customs Enforcement Office of
Professional Responsibility.
Sec. 215. Without regard to the limitation as to time and
condition of section 503(d) of this Act, the Secretary may reprogram
within and transfer funds to ``U.S. Immigration and Customs
Enforcement--Operations and Support'' as necessary to ensure the
detention of aliens prioritized for removal.
Sec. 216. The reports required to be submitted by U.S. Immigration
and Customs Enforcement, related to immigration enforcement, under
section 216 of the Department of Homeland Security Appropriations Act,
2021 (division F of Public Law 116-260), and section 218 of the
Department of Homeland Security Appropriations Act, 2020 (division D of
Public Law 116-260) shall continue to be submitted semimonthly and each
matter required to be included in each such report by such section 216
shall apply in the same manner and to the same extent.
Sec. 217. No Federal funds may be used to place in detention,
remove, refer for a decision whether to initiate removal proceedings,
or initiate removal proceedings against any individual--
(1) based on information provided to a Federal employee or
contractor related to facilitating the sponsorship of an
unaccompanied alien child (as defined in section 462(g) of the
Homeland Security Act of 2002 (6 U.S.C. 279(g))) or the
reunification of such child with a family member; or
(2) based on information gathered in therapy sessions
conducted while in the care of the Office of Refugee
Resettlement of the Department of Health and Human Services.
Sec. 218. The terms and conditions of section 217 of the
Department of Homeland Security Appropriations Act, 2020 (division D of
Public Law 116--93), related to reporting on the U.S. Customs and
Immigration Enforcement 287(g) program, shall apply to this Act.
Sec. 219. Beginning not later than 30 calendar days after the date
of enactment of this Act and not later than the 21st day of each month
thereafter, the Director of Immigration and Customs Enforcement (or the
Director's designee) shall provide a briefing to the Committees on
Appropriations of the Senate and the House of Representatives on
obligations and on-board staffing levels at both the account and the
program, project, and activity level for the prior two fiscal years and
the current fiscal year, to-date, and projected obligations and
staffing levels by month for the remainder of the current fiscal year.
Sec. 220. (a) None of the funds provided under the heading ``U.S.
Immigration and Customs Enforcement--Operations and Support'' may be
used to engage in civil immigration enforcement activities, such as
arrests, expulsions, custodial detentions, removals, or referrals,
processing, or issuance of charging documents, using Homeland Security
Investigations personnel, resources, or capabilities, absent probable
cause that the individual facing such enforcement action has committed
a criminal offense, excluding state, local, or Federal offenses for
which an essential element was the noncitizen's immigration status.
(b) For the purposes of this section, criminal offenses for which
an essential element was the noncitizen's immigration status includes,
but is not limited to, offenses identified in sections 264, 266(a),
266(b), 275, or 276 of the Immigration and Nationality Act and state
and local offenses for which an essential element was the noncitizen's
immigration status.
Sec. 221. (a) No Federal funds may be used for the purposes of
section 6(d) of Public Law 81-626 (8 U.S.C. 1555(d)).
(b) Subsection (a) shall not apply if the rate described such
section for work performed is not less than the rates established under
paragraph (1) of section 6703 of title 41, United States Code.
Sec. 222. Members of the United States House of Representatives
and the United States Senate, including the leadership; the heads of
Federal agencies and commissions, including the Secretary, Deputy
Secretary, Under Secretaries, and Assistant Secretaries of the
Department of Homeland Security; the United States Attorney General,
Deputy Attorney General, Assistant Attorneys General, and the United
States Attorneys; and senior members of the Executive Office of the
President, including the Director of the Office of Management and
Budget, shall not be exempt from Federal passenger and baggage
screening.
Sec. 223. Any award by the Transportation Security Administration
to deploy explosives detection systems shall be based on risk, the
airport's current reliance on other screening solutions, lobby
congestion resulting in increased security concerns, high injury rates,
airport readiness, and increased cost effectiveness.
Sec. 224. Notwithstanding section 44923 of title 49, United States
Code, for fiscal year 2023, any funds in the Aviation Security Capital
Fund established by section 44923(h) of title 49, United States Code,
may be used for the procurement and installation of explosives
detection systems or for the issuance of other transaction agreements
for the purpose of funding projects described in section 44923(a) of
such title.
Sec. 225. Not later than 45 days after the submission of the
President's budget proposal, the Administrator of the Transportation
Security Administration shall submit to the Committees on
Appropriations and Commerce, Science, and Transportation of the Senate
and the Committees on Appropriations and Homeland Security in the House
of Representatives a single report that fulfills the following
requirements:
(1) a Capital Investment Plan, both constrained and
unconstrained, that includes a plan for continuous and
sustained capital investment in new, and the replacement of
aged, transportation security equipment;
(2) the 5-year technology investment plan as required by
section 1611 of title XVI of the Homeland Security Act of 2002,
as amended by section 3 of the Transportation Security
Acquisition Reform Act (Public Law 113-245); and
(3) the Advanced Integrated Passenger Screening
Technologies report as required by the Senate Report
accompanying the Department of Homeland Security Appropriations
Act, 2019 (Senate Report 115-283).
Sec. 226. Section 225 of division A of Public Law 116-6 (49 U.S.C.
44901 note), relating to a pilot program for screening outside of an
existing primary passenger terminal screening area, is amended in
subsection (e) by striking ``2023'' and inserting ``2025''.
Sec. 227. (a) None of the funds made available by this Act under
the heading ``Coast Guard--Operations and Support'' shall be for
expenses incurred for recreational vessels under section 12114 of title
46, United States Code, except to the extent fees are collected from
owners of yachts and credited to the appropriation made available by
this Act under the heading ``Coast Guard--Operations and Support''.
(b) To the extent such fees are insufficient to pay expenses of
recreational vessel documentation under such section 12114, and there
is a backlog of recreational vessel applications, personnel performing
non-recreational vessel documentation functions under subchapter II of
chapter 121 of title 46, United States Code, may perform documentation
under section 12114.
Sec. 228. Without regard to the limitation as to time and
condition of section 503(d) of this Act, after June 30, in accordance
with the notification requirement described in subsection (b) of such
section, up to the following amounts may be reprogrammed within ``Coast
Guard--Operations and Support''--
(1) $10,000,000 to or from the ``Military Personnel''
funding category; and
(2) $10,000,000 between the ``Field Operations'' funding
subcategories.
Sec. 229. Notwithstanding any other provision of law, the
Commandant of the Coast Guard shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a future-
years capital investment plan as described in the second proviso under
the heading ``Coast Guard--Acquisition, Construction, and
Improvements'' in the Department of Homeland Security Appropriations
Act, 2015 (Public Law 114-4), which shall be subject to the
requirements in the third and fourth provisos under such heading.
Sec. 230. Of the funds made available for defense-related
activities under the heading ``Coast Guard--Operations and Support'',
up to $190,000,000 that are used for enduring overseas missions in
support of the global fight against terrorism may be reallocated by
program, project, and activity, notwithstanding section 503 of this
Act.
Sec. 231. Amounts deposited into the Coast Guard Housing Fund in
fiscal year 2023 shall be available until expended to carry out the
purposes of section 2946 of title 14, United States Code, and shall be
in addition to funds otherwise available for such purposes.
Sec. 232. (a) Notwithstanding section 2110 of title 46, United
States Code, none of the funds made available in this Act may be used
to charge a fee for an inspection of a towing vessel, as defined in 46
CFR Section 136.110, that utilizes the Towing Safety Management System
option for a Certificate of Inspection issued under subchapter M of
title 46, Code of Federal Regulations.
(b) Subsection (a) shall not apply after the date the Commandant of
the Coast Guard makes a determination under section 815(a) of the Frank
LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115-282)
and, as necessary based on such determination, carries out the
requirements of subsection 815(b) of such Act.
Sec. 233. The United States Secret Service is authorized to
obligate funds in anticipation of reimbursements from executive
agencies, as defined in section 105 of title 5, United States Code, for
personnel receiving training sponsored by the James J. Rowley Training
Center, except that total obligations at the end of the fiscal year
shall not exceed total budgetary resources available under the heading
``United States Secret Service--Operations and Support'' at the end of
the fiscal year.
Sec. 234. (a) None of the funds made available to the United States
Secret Service by this Act or by previous appropriations Acts may be
made available for the protection of the head of a Federal agency other
than the Secretary of Homeland Security.
(b) The Director of the United States Secret Service may enter into
agreements to provide such protection on a fully reimbursable basis.
Sec. 235. For purposes of section 503(a)(3) of this Act, up to
$15,000,000 may be reprogrammed within ``United States Secret Service--
Operations and Support''.
Sec. 236. Funding made available in this Act for ``United States
Secret Service--Operations and Support'' is available for travel of
United States Secret Service employees on protective missions without
regard to the limitations on such expenditures in this or any other Act
if the Director of the United States Secret Service or a designee
notifies the Committees on Appropriations of the Senate and the House
of Representatives 10 or more days in advance, or as early as
practicable, prior to such expenditures.
Sec. 237. Subject to any legal limitations on continued detention,
none of the funds made available by this Act may be used to release
removable aliens into the United States until the Secretary of Homeland
Security has determined whether that person is included in the
terrorist screening database and whether the National Crime Information
Center includes any active wants or warrants in the jurisdiction where
such alien is to be released.
Sec. 238. None of the funds made available in this Act may be used
to pay the salaries or expenses of personnel to process aliens
encountered at the United States border under the immigration laws (as
such term is defined in section 101 of the Immigration and Nationality
Act (8 U.S.C. 1101)), if such alien would have been processed under
section 362 and section 365 of the Public Health Service Act (42 U.S.C.
265 and 268) as of January 19, 2021, until 180 days after date on which
the public health emergency relating to the Coronavirus Disease 2019
pandemic, declared under section 319 of such Act (42 U.S.C. 247d) on
January 31, 2020, and any continuation of such declaration (including
the continuation described in Proclamation 9994 on February 24, 2021)
has been terminated.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Cybersecurity and Infrastructure Security Agency
operations and support
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for operations and support, $2,373,213,000, of which
$28,293,000, shall remain available until September 30, 2024:
Provided, That not to exceed $5,500 shall be for official reception and
representation expenses.
procurement, construction, and improvements
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for procurement, construction, and improvements,
$547,148,000, of which $520,048,000 shall remain available until
September 30, 2025, and of which $27,100,000 shall remain available
until September 30, 2027.
research and development
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for research and development, $7,431,000, to remain
available until September 30, 2024.
Federal Emergency Management Agency
operations and support
For necessary expenses of the Federal Emergency Management Agency
for operations and support, $1,414,461,000: Provided, That not to
exceed $2,250 shall be for official reception and representation
expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Emergency Management Agency
for procurement, construction, and improvements, $203,730,000, of which
$126,425,000 shall remain available until September 30, 2025, and of
which $77,305,000 shall remain available until September 30, 2027.
federal assistance
For activities of the Federal Emergency Management Agency for
Federal assistance through grants, contracts, cooperative agreements,
and other activities, $4,051,619,000, which shall be allocated as
follows:
(1) $520,000,000 for the State Homeland Security Grant
Program under section 2004 of the Homeland Security Act of 2002
(6 U.S.C. 605), of which $90,000,000 shall be for Operation
Stonegarden, $15,000,000 shall be for Tribal Homeland Security
Grants under section 2005 of the Homeland Security Act of 2002
(6 U.S.C. 606). Provided, That notwithstanding subsection
(c)(4) of such section 2004, for fiscal year 2023, the
Commonwealth of Puerto Rico shall make available to local and
tribal governments amounts provided to the Commonwealth of
Puerto Rico under this paragraph in accordance with subsection
(c)(1) of such section 2004.
(2) $615,000,000 for the Urban Area Security Initiative
under section 2003 of the Homeland Security Act of 2002 (6
U.S.C. 604).
(3) $360,000,000 for the Nonprofit Security Grant Program
under sections 2003 and 2004 of the Homeland Security Act of
2002 (6 U.S.C. 604 and 605), of which $180,000,000 is for
eligible recipients located in high-risk urban areas that
receive funding under section 2003 of such Act and $180,000,000
is for eligible recipients that are located outside such areas:
Provided, That eligible recipients are those described in
section 2009(b) of such Act (6 U.S.C. 609a(b)) or are an
otherwise eligible recipient at risk of a terrorist or other
extremist attack.
(4) $105,000,000 for Public Transportation Security
Assistance, Railroad Security Assistance, and Over-the-Road Bus
Security Assistance under sections 1406, 1513, and 1532 of the
Implementing Recommendations of the 9/11 Commission Act of 2007
(6 U.S.C. 1135, 1163, and 1182), of which $10,000,000 shall be
for Amtrak security and $2,000,000 shall be for Over-the-Road
Bus Security: Provided, That such public transportation
security assistance shall be provided directly to public
transportation agencies.
(5) $100,000,000 for Port Security Grants in accordance
with section 70107 of title 46, United States Code.
(6) $740,000,000, to remain available until September 30,
2024, of which $370,000,000 shall be for Assistance to
Firefighter Grants and $370,000,000 shall be for Staffing for
Adequate Fire and Emergency Response Grants under sections 33
and 34 respectively of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2229 and 2229a).
(7) $370,000,000 for emergency management performance
grants under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121), the Earthquake
Hazards Reduction Act of 1977 (42 U.S.C. 7701), section 762 of
title 6, United States Code, and Reorganization Plan No. 3 of
1978 (5 U.S.C. App.).
(8) $350,000,000 for necessary expenses for Flood Hazard
Mapping and Risk Analysis, in addition to and to supplement any
other sums appropriated under the National Flood Insurance
Fund, and such additional sums as may be provided by States or
other political subdivisions for cost-shared mapping activities
under section 1360(f)(2) of the National Flood Insurance Act of
1968 (42 U.S.C. 4101(f)(2)), to remain available until
expended.
(9) $12,000,000 for Regional Catastrophic Preparedness
Grants.
(10) $280,000,000 for the emergency food and shelter
program under title III of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11331), to remain available until
September 30, 2024, of which $150,000,000 is for the purposes
of providing humanitarian relief to families and individuals
encountered by the Department of Homeland Security: Provided,
That not to exceed 3.5 percent shall be for total
administrative costs.
(11) $40,000,000 for the Next Generation Warning System.
(12) $247,500,000, to remain available until September 30,
2024, for the purposes, and in the amounts, specified in the
table entitled ``Community Project Funding'' under this heading
in the report accompanying this Act, in addition to amounts
otherwise made available for such purposes; of which
$51,856,713 is for emergency operations center grants under
section 614 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5196c); of which
$173,118,908 is for pre-disaster mitigation grants under
section 203 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5133(e), notwithstanding
subsections (f), (g), and (l) of that section (42 U.S.C.
5133(f), (g), and (l)); and of which up to $22,524,379 is for
management and administration costs of recipients.
(13) $312,119,000 to sustain current operations for
training, exercises, technical assistance, and other programs.
disaster relief fund
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$19,945,000,000 to remain available until expended, shall be 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 section 1(f)
of H. Res. 1151 (117th Congress), as engrossed in the House of
Representatives on June 8, 2022.
national flood insurance fund
For activities under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001 et seq.), the Biggert-Waters Flood Insurance Reform Act of
2012 (Public Law 112-141, 126 Stat. 916), and the Homeowner Flood
Insurance Affordability Act of 2014 (Public Law 113-89; 128 Stat.
1020), $225,000,000, to remain available until September 30, 2024,
which shall be derived from offsetting amounts collected under section
1308(d) of the National Flood Insurance Act of 1968 (42 U.S.C.
4015(d)); of which $18,500,000 shall be available for mission support
associated with flood management; and of which $206,500,000 shall be
available for flood plain management and flood mapping: Provided, That
any additional fees collected pursuant to section 1308(d) of the
National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)) shall be
credited as offsetting collections to this account, to be available for
flood plain management and flood mapping: Provided further, That in
fiscal year 2023, no funds shall be available from the National Flood
Insurance Fund under section 1310 of the National Flood Insurance Act
of 1968 (42 U.S.C. 4017) in excess of--
(1) $233,700,000 for operating expenses and salaries and
expenses associated with flood insurance operations;
(2) $960,647,000 for commissions and taxes of agents;
(3) such sums as are necessary for interest on Treasury
borrowings; and
(4) $175,000,000, which shall remain available until
expended, for flood mitigation actions and for flood mitigation
assistance under section 1366 of the National Flood Insurance
Act of 1968 (42 U.S.C. 4104c), notwithstanding sections 1366(e)
and 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017):
Provided further, That the amounts collected under section 102 of the
Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) and section
1366(e) of the National Flood Insurance Act of 1968 (42 U.S.C.
4104c(e)), shall be deposited in the National Flood Insurance Fund to
supplement other amounts specified as available for section 1366 of the
National Flood Insurance Act of 1968, notwithstanding section
102(f)(8), section 1366(e) of the National Flood Insurance Act of 1968,
and paragraphs (1) through (3) of section 1367(b) of such Act (42
U.S.C. 4012a(f)(8), 4104c(e), 4104d(b)(1)-(3)): Provided further, That
total administrative costs shall not exceed 4 percent of the total
appropriation: Provided further, That up to $5,000,000 is available to
carry out section 24 of the Homeowner Flood Insurance Affordability Act
of 2014 (42 U.S.C. 4033).
Administrative Provisions
Sec. 301. (a) Notwithstanding section 2008(a)(12) of the Homeland
Security Act of 2002 (6 U.S.C. 609(a)(12)) or any other provision of
law, not more than 5 percent of the amount of a grant made available in
paragraphs (1) through (5) under ``Federal Emergency Management
Agency--Federal Assistance'', may be used by the recipient for expenses
directly related to administration of the grant.
(b) The authority provided in subsection (a) shall also apply to a
state recipient for the administration of a grant under paragraph (3)
under such heading for the Nonprofit Security Grant Program.
Sec. 302. Notwithstanding clauses (i) through (v) of section
204(e)(1)(A) of the Homeland Security Act of 2002 (6 U.S.C.
605(e)(1)(A)(i) through (v)), for fiscal year 2023, the meaning of
``total funds appropriated for grants under this section and section
2003'' shall not include any funds appropriated for the Nonprofit
Security Grant Program under paragraph (3) under the heading ``Federal
Emergency Management Agency--Federal Assistance''.
Sec. 303. Applications for grants under the heading ``Federal
Emergency Management Agency--Federal Assistance'', for paragraphs (1)
through (4), shall be made available to eligible applicants not later
than 60 days after the date of enactment of this Act, eligible
applicants shall submit applications not later than 80 days after the
grant announcement, and the Administrator of the Federal Emergency
Management Agency shall act within 65 days after the receipt of an
application.
Sec. 304. (a) Under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for grants under paragraphs (1) through
(5) and (9), the Administrator of the Federal Emergency Management
Agency shall brief the Committees on Appropriations of the Senate and
the House of Representatives 5 full business days in advance of
announcing publicly the intention of making an award.
(b) If any such public announcement is made before 5 full business
days have elapsed following such briefing, $1,000,000 of amounts
appropriated by this Act for ``Federal Emergency Management Agency--
Operations and Support'' shall be rescinded.
Sec. 305. Under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for grants under paragraphs (1) and (2),
the installation of communications towers is not considered
construction of a building or other physical facility.
Sec. 306. The reporting requirements in paragraphs (1) and (2)
under the heading ``Federal Emergency Management Agency--Disaster
Relief Fund'' in the Department of Homeland Security Appropriations
Act, 2015 (Public Law 114-4), related to reporting on the Disaster
Relief Fund, shall be applied in fiscal year 2023 with respect to
budget year 2024 and current fiscal year 2023, respectively--
(1) in paragraph (1) by substituting ``fiscal year 2024''
for ``fiscal year 2016''; and
(2) in paragraph (2) by inserting ``business'' after
``fifth''.
Sec. 307. In making grants under the heading ``Federal Emergency
Management Agency--Federal Assistance'', for Staffing for Adequate Fire
and Emergency Response grants, the Administrator of the Federal
Emergency Management Agency may grant waivers from the requirements in
subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1), (c)(2), and (c)(4)
of section 34 of the Federal Fire Prevention and Control Act of 1974
(15 U.S.C. 2229a).
Sec. 308. (a) The aggregate charges assessed during fiscal year
2023, as authorized in title III of the Departments of Veterans Affairs
and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1999 (42 U.S.C. 5196e), shall not be less than 100
percent of the amounts anticipated by the Department of Homeland
Security to be necessary for its Radiological Emergency Preparedness
Program for the next fiscal year.
(b) The methodology for assessment and collection of fees shall be
fair and equitable and shall reflect costs of providing such services,
including administrative costs of collecting such fees.
(c) Such fees shall be deposited in a Radiological Emergency
Preparedness Program account as offsetting collections and will become
available for authorized purposes on October 1, 2023, and remain
available until expended.
Sec. 309. In making grants under the heading ``Federal Emergency
Management Agency--Federal Assistance'', for Assistance to Firefighter
Grants, the Administrator of the Federal Emergency Management Agency
may waive subsection (k) of section 33 of the Federal Fire Prevention
and Control Act of 1974 (15 U.S.C. 2229).
TITLE IV
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
U.S. Citizenship and Immigration Services
operations and support
For necessary expenses of U.S. Citizenship and Immigration Services
for operations and support, including for the E-Verify Program,
application processing, the reduction of backlogs within asylum, field,
and service center offices, and for the Refugee, Asylum, and
International Operations Programs, $653,293,000: Provided, 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 not to exceed $2,500
shall be for official reception and representation expenses: Provided
further, That, notwithstanding any other provision of law, not to
exceed $20,000,000, to remain available until September 30, 2024, shall
be for implementation of the Deferred Action for Childhood Arrivals
Program of the Secretary of Homeland Security, established pursuant to
the memorandum from the Secretary of Homeland Security entitled
`Exercising Prosecutorial Discretion with Respect to Individuals Who
Came to the United States as Children', dated June 15, 2012, including
for the processing of applications for such program and for work
authorization under such program.
federal assistance
For necessary expenses of U.S. Citizenship and Immigration Services
for Federal assistance for the Citizenship and Integration Grant
Program, $30,000,000, to remain available until September 30, 2024.
Federal Law Enforcement Training Centers
operations and support
For necessary expenses of the Federal Law Enforcement Training
Centers for operations and support, including the purchase of not to
exceed 117 vehicles for police-type use and hire of passenger motor
vehicles, and services as authorized by section 3109 of title 5, United
States Code, $355,247,000, of which $66,665,000 shall remain available
until September 30, 2024: Provided, That not to exceed $7,180 shall be
for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Law Enforcement Training
Centers for procurement, construction, and improvements, $41,300,000,
to remain available until September 30, 2027, for acquisition of
necessary additional real property and facilities, construction and
ongoing maintenance, facility improvements and related expenses of the
Federal Law Enforcement Training Centers.
Science and Technology Directorate
operations and support
For necessary expenses of the Science and Technology Directorate
for operations and support, including the purchase or lease of not to
exceed 5 vehicles, $369,107,000, of which $215,397,000 shall remain
available until September 30, 2024: Provided, That not to exceed
$10,000 shall be for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Science and Technology Directorate
for procurement, construction, and improvements, $63,716,000, to remain
available until September 30, 2027.
research and development
For necessary expenses of the Science and Technology Directorate
for research and development, $530,954,000, to remain available until
September 30, 2025.
Countering Weapons of Mass Destruction Office
operations and support
For necessary expenses of the Countering Weapons of Mass
Destruction Office for operations and support, $151,970,000, of which
$50,446,000 shall remain available until September 30, 2024: Provided,
That not to exceed $2,250 shall be for official reception and
representation expenses.
procurement, construction, and improvements
For necessary expenses of the Countering Weapons of Mass
Destruction Office for procurement, construction, and improvements,
$55,304,000, to remain available until September 30, 2025.
research and development
For necessary expenses of the Countering Weapons of Mass
Destruction Office for research and development, $82,515,000, to remain
available until September 30, 2025.
federal assistance
For necessary expenses of the Countering Weapons of Mass
Destruction Office for Federal assistance through grants, contracts,
cooperative agreements, and other activities, $139,183,000, to remain
available until September 30, 2025.
Administrative Provisions
Sec. 401. (a) Notwithstanding any other provision of law, funds
otherwise made available to U.S. Citizenship and Immigration Services
may be used to acquire, operate, equip, and dispose of up to 5
vehicles, for replacement only, for areas where the Administrator of
General Services does not provide vehicles for lease.
(b) The Director of U.S. Citizenship and Immigration Services may
authorize employees who are assigned to those areas to use such
vehicles to travel between the employees' residences and places of
employment.
Sec. 402. None of the funds appropriated by this Act may be used
to process or approve a competition under Office of Management and
Budget Circular A-76 for services provided by employees (including
employees serving on a temporary or term basis) of U.S. Citizenship and
Immigration Services of the Department of Homeland Security who are
known as Immigration Information Officers, Immigration Service
Analysts, Contact Representatives, Investigative Assistants, or
Immigration Services Officers.
Sec. 403. Notwithstanding any other provision of law, any Federal
funds made available to U.S. Citizenship and Immigration Services may
be used for the collection and use of biometrics taken at a U.S.
Citizenship and Immigration Services Application Support Center that is
overseen virtually by U.S. Citizenship and Immigration Services
personnel using appropriate technology.
Sec. 404. (a) The numerical limitations in sections 201, 202, and
203 of the Immigration and Nationality Act (8 U.S.C. 1151, 1152, and
1153) shall not apply during fiscal year 2023 or during any subsequent
fiscal year to an alien described in section 101(a)(27)(J) of that Act
(8 U.S.C. 1101(a)(27)(J)) for whom a petition for classification under
section 203(b)(4) of that Act (8 U.S.C. 1153(b)(4)) was filed before
October 1, 2023.
(b) This section shall take effect on June 1, 2023.
Sec. 405. (a)(1) Notwithstanding any other provision of law,
beginning in fiscal year 2023, the number of family-sponsored immigrant
visas that may be issued under section 203(a) of the Immigration and
Nationality Act (8 U.S.C. 1153(a)) shall be increased by the number
computed under paragraph (2). Section 202(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1152(a)(2)) shall not apply to the additional
family-sponsored immigrant visas made available under this paragraph.
(2) The number computed under this paragraph is the difference, if
any, between--
(A) the difference, if any, between--
(i) the number of visas that were originally made available
to family-sponsored immigrants under section 201(c)(1) of the
Immigration and Nationality Act (8 U.S.C. 1151(c)(1)) for
fiscal years 1992 through 2021, reduced by any unused visas
made available to such immigrants in such fiscal years under
section 201(c)(3) of such Act (8 U.S.C. 1151(c)(3)); and
(ii) the number of visas described in clause (i) that were
issued under section 203(a) of the Immigration and Nationality
Act (8 U.S.C. 1153(a)), or, in accordance with section
201(d)(2)(C) of such Act (8 U.S.C. 1151(d)(2)(C)), under
section 203(b) of such Act (8 U.S.C. 1153(b)); and
(B) the number of visas resulting from the calculation under
subparagraph (A) issued under section 203(a) of the Immigration and
Nationality Act (8 U.S.C. 1153(a)) after fiscal year 2022.
(3) The number of family-sponsored immigrant visas computed
under paragraph (2) that may be issued under section 203(a) of
the Immigration and Nationality Act (8 U.S.C. 1153(a)) shall be
allotted between the family-sponsored categories at the start
of every fiscal year as follows:
(A) 10.4 percent to family-sponsored immigrants
under section 203(a)(1) of the Immigration and
Nationality Act (8 U.S.C. 1153(a)(1)), plus any visa
available under this paragraph not required for
subparagraph (E);
(B) 38.9 percent to family-sponsored immigrants
under section 203(a)(2)(A) of the Immigration and
Nationality Act (8 U.S.C. 1153(a)(2)(A)), plus any visa
available under this paragraph not required for
subparagraph (A);
(C) 11.6 percent to family-sponsored immigrants
under section 203(a)(2)(B) of the Immigration and
Nationality Act (8 U.S.C. 1153(a)(2)(B)), plus any visa
available under this paragraph not required for
subparagraphs (A) and (B);
(D) 10.4 percent to family-sponsored immigrants
under section 203(a)(3) of the Immigration and
Nationality Act (8 U.S.C. 1153(a)(3)), plus any visa
available under this paragraph not required for
subparagraphs (A) through (C); and
(E) 28.7 percent to family-sponsored immigrants
under section 203(a)(4) of the Immigration and
Nationality Act (8 U.S.C. 1153(a)(4)), plus any visa
available under this paragraph not required for
subparagraphs (A) through (D).
(b)(1) Notwithstanding any other provision of law, beginning in
fiscal year 2023, the number of employment-based immigrant visas that
may be issued under section 203(b) of the Immigration and Nationality
Act (8 U.S.C. 1153(b)) shall be increased by the number computed under
paragraph (2). Section 202(a)(2) of the Immigration and Nationality Act
(8 U.S.C. 1152(a)(2)) shall not apply to the additional employment-
based immigrant visas made available under this paragraph.
(2) The number computed under this paragraph is the difference, if
any, between--
(A) the difference, if any, between--
(i) the number of visas that were originally made
available to employment-based immigrants under section
201(d)(1) of the Immigration and Nationality Act (8
U.S.C. 1151(d)(1)) for fiscal years 1992 through 2022,
reduced by any unused visas made available to such
immigrants in such fiscal years under section 201(d)(2)
of the Immigration and Nationality Act (8 U.S.C.
1151(d)(2)); and
(ii) the number of visas described in clause (i)
that were issued under section 203(b) of the
Immigration and Nationality Act (8 U.S.C. 1153(b)), or,
in accordance with section 201(c)(3)(C) of the
immigration and Nationality Act (8 U.S.C.
1151(c)(3)(C)), under section 203(a) of the Immigration
and Nationality Act (8 U.S.C. 1153(a)); and
(B) the number of visas resulting from the calculation
under subparagraph (A) issued under section 203(b) of the
Immigration and Nationality Act (8 U.S.C. 1153(b)) after fiscal
year 2022.
(3) The number of employment-based immigrant visas computed
under paragraph (2) that may be issued under section 203(b) of
the Immigration and Nationality Act (8 U.S.C. 1153(b)) shall be
allotted between the employment-based categories at the start
of every fiscal year as follows:
(A) 28.6 percent to employment-based immigrants
under section 203(b)(1) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)(1)), plus any visa
available under this paragraph not required for
subparagraph (F);
(B) 28.6 percent to employment-based immigrants
under section 203(b)(2) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)(2)), plus any visa
available under this paragraph not required for
subparagraph (A);
(C) 21.5 percent to employment-based immigrants
under section 203(b)(3)(A)(i) and (ii) of the
Immigration and Nationality Act (8 U.S.C.
1153(b)(3)(A)(i) and (ii)), plus any visa available
under this paragraph not required for subparagraphs (A)
and (B);
(D) 7.1 percent to employment-based immigrants
under section 203(b)(3)(A)(iii) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)(3)(A)(iii)), plus any
visa available under this paragraph not required for
subparagraphs (A) through (C);
(E) 7.1 percent to employment-based immigrants
under section 203(b)(4) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)(4)), plus any visa
available under this paragraph not required for
subparagraphs (A) through (D); and
(F) 7.1 percent to employment-based immigrants
under section 203(b)(5) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)(5)), plus any visa
available under this paragraph not required for
subparagraphs (A) through (E).
(c) Section 201(c) of the Immigration and Nationality Act (8 U.S.C.
1151(c)) is amended to read as follows:
``(c) Worldwide Level of Family-Sponsored Immigrants.--The
worldwide level of family-sponsored immigrants under this subsection
for a fiscal year is equal to--
``(1) 226,000, plus
``(2) the difference (if any) between the maximum number of
visas which may be issued under section 203(a) (relating to
family-sponsored immigrants) during the previous fiscal year
and the number of aliens who were issued immigrant visas or who
otherwise acquired the status of aliens lawfully admitted to
the United States for permanent residence under that section
during that year.''.
(d) Section 201(d) of the Immigration and Nationality Act (8 U.S.C.
1151(d)) is amended to read as follows:
``(d) Worldwide Level of Employment-Based Immigrants.--The
worldwide level of employment-based immigrants under this subsection
for a fiscal year is equal to--
``(1) 140,000, plus
``(2) the difference (if any) between the maximum number of
visas which may be issued under section 203(b) (relating to
employment-based immigrants) during the previous fiscal year
and the number of aliens who were issued immigrant visas or who
otherwise acquired the status of aliens lawfully admitted to
the United States for permanent residence under that section
during that year.''.
Sec. 406. (a) Notwithstanding section 204(a)(1)(I)(ii)(II) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(I)(ii)(II)), and
subject to subsection (d) of this section, an immigrant visa for those
selected in accordance with section 203(e)(2) of the Immigration and
Nationality Act (8 U.S.C. 1153(e)(2)) in any of fiscal years 2017,
2018, 2019, 2020, or 2021 shall remain available to such alien if the
alien was refused a visa, prevented from seeking admission, or denied
admission to the United States solely because of--
(1) Executive Order 13769 (82 Fed. Reg. 8977; relating to
``Protecting the Nation from Foreign Terrorist Entry into The United
States'');
(2) Executive Order 13780 (82 Fed. Reg. 13209; relating
``Protecting the Nation from Foreign Terrorist Entry into the United
States'');
(3) Proclamation 9645 (82 Fed. Reg. 45161; relating to ``Enhancing
Vetting Capabilities and Processes for Detecting Attempted Entry into
the United States by Terrorists or Other Public-Safety Threats''); or
(4) Proclamation 9983 (85 Fed. Reg. 6699; relating to ``Improving
Enhanced Vetting Capabilities and Processes for Detecting Attempted
Entry into the United States by Terrorists or Other Public-Safety
Threats'').
(b) Not later than 90 days after the date of the enactment of this
section, the Secretary of State shall--
(1) provide written notice, consistent with subsection (c),
to each alien described in subsection (a) (and such alien's
representative, if applicable) of the alien's continuing
eligibility to apply for a visa under section 203(c) of the
Immigration and Nationality Act (8 U.S.C. 1153(c)); and
(2) publish on the Department of State website, information
and procedures implementing this section.
(c) The notice described in subsection (b)(1) shall include
procedures for the alien to inform the Secretary of State of the
alien's intent to proceed with or abandon the application, and shall
include an advisal that such application shall be deemed abandoned if
the alien fails to notify the Secretary of the alien's intent to
proceed within one year after the date on which the notice was issued.
(d) An alien described in subsection (a) shall remain eligible to
receive a visa described in such subsection until the earliest of the
date that--
(1) the alien--
(A) notifies the Secretary of the alien's intent to
abandon the application; or
(B) fails to respond to the notice described in
subsection (b)(1); or
(2) the Secretary of State makes a final determination of
the alien's ineligibility for such visa under section
203(c)(2), 204(a)(1)(I)(iii), or 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1153(c)(2), 1154(a)(1)(I)(iii), or
1182(a)).
(e) A determination of whether an alien is the child of a visa
recipient described in subsection (a), pursuant to section 203(d) of
the Immigration and Nationality Act (8 U.S.C. 1153(d)) shall be made
using the age of the child when an applicant was initially selected for
a visa in accordance with section 203(e)(2) of such Act.
Sec. 407. (a) Notwithstanding the numerical limitation set forth in
section 214(g)(1)(B) of the Immigration and Nationality Act (8 U.S.C.
1184(g)(1)(B)), the Secretary of Homeland Security, after consultation
with the Secretary of Labor and upon the determination that the needs
of American businesses cannot be satisfied in fiscal year 2023 with
United States workers who are willing, qualified, and able to perform
temporary nonagricultural labor, may increase the total number of
aliens who may receive a visa under section 101(a)(15)(H)(ii)(b) of
such Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) in such fiscal year above
such limitation by not more than the highest number of H-2B
nonimmigrants who participated in the H-2B returning worker program in
any fiscal year in which returning workers were exempt from such
numerical limitation.
(b) The Secretary of Homeland Security shall issue guidance
implementing this section not later than 60 days after the date of
enactment of this Act.
(c) Notwithstanding section 553 of title 5, United States Code,
such guidance may be published on the internet website of the
Department of Homeland Security, and shall be effective immediately
upon such publication.
Sec. 408. In fiscal year 2023, nonimmigrants shall be admitted to
the United States under section 101(a)(l5)(H)(ii)(a) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) to perform
agricultural labor or services, without regard to whether such labor
is, or services are, of a temporary or seasonal nature.
Sec. 409. The Director of the Federal Law Enforcement Training
Centers is authorized to distribute funds to Federal law enforcement
agencies for expenses incurred participating in training accreditation.
Sec. 410. The Federal Law Enforcement Training Accreditation
Board, including representatives from the Federal law enforcement
community and non-Federal accreditation experts involved in law
enforcement training, shall lead the Federal law enforcement training
accreditation process to continue the implementation of measuring and
assessing the quality and effectiveness of Federal law enforcement
training programs, facilities, and instructors.
Sec. 411. (a) The Director of the Federal Law Enforcement Training
Centers may accept transfers to its ``Procurement, Construction, and
Improvements'' account from Government agencies requesting the
construction of special use facilities, as authorized by the Economy
Act (31 U.S.C. 1535(b)).
(b) The Federal Law Enforcement Training Centers shall maintain
administrative control and ownership upon completion of such
facilities.
Sec. 412. The functions of the Federal Law Enforcement Training
Centers instructor staff shall be classified as inherently governmental
for purposes of the Federal Activities Inventory Reform Act of 1998 (31
U.S.C. 501 note).
TITLE V
GENERAL PROVISIONS
(including transfers and rescissions of funds)
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of this Act,
the unexpended balances of prior appropriations provided for activities
in this Act may be transferred to appropriation accounts for such
activities established pursuant to this Act, may be merged with funds
in the applicable established accounts, and thereafter may be accounted
for as one fund for the same time period as originally enacted.
Sec. 503. (a) None of the funds provided to the Department of
Homeland Security by this Act, by prior Acts, or from any accounts in
the Treasury of the United States derived from the collection of fees
available to the components funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates a new program, project, or activity;
(2) eliminates a program, project, or activity;
(3) augments funding for any program, project, or activity in
excess of $5,000,000 or 10 percent, whichever is less; or
(4) reduces funding for any program, project, or activity, or
numbers of personnel, by 10 percent or more.
(b) Subsection (a) shall not apply if the Committees on
Appropriations of the Senate and the House of Representatives
are notified at least 15 days in advance of such reprogramming
by the Under Secretary for Management of the Department of
Homeland Security.
(c) Up to 5 percent of any appropriation made available to
the Department of Homeland Security by this Act or provided by
previous appropriations Acts may be transferred between
appropriations to address exigent requirements or circumstances
if the Committees on Appropriations of the Senate and the House
of Representatives are notified at least 30 days in advance of
such transfer, except that--
(1) no such appropriation shall be augmented by
more than 10 percent by such transfers unless otherwise
specifically provided in this Act; and
(2) no funding may be transferred from an
appropriation that is designated by the Congress as
being for--
(A) an emergency requirement pursuant to a
concurrent resolution on the budget; or
(B) disaster relief pursuant to a
concurrent resolution on the budget.
(d) Notwithstanding subsections (b) and (c), no funds shall
be obligated for any purpose described in subsection (a) and no
funds shall be transferred between appropriations based upon an
initial notification provided after June 30, except--
(1) as otherwise provided in this Act; or
(2) when the Under Secretary for Management
provides a written justification and certifies in
writing to the Committees on Appropriations of the
Senate and the House of Representatives that such
action is necessary due to extraordinary circumstances
that imminently threaten the safety of human life or
the protection of property.
(e) Notwithstanding subsection (c), the Secretary of Homeland
Security may transfer to the fund established by 8 U.S.C. 1101 note, up
to $20,000,000 from appropriations available to the Department of
Homeland Security if the Secretary notifies the Committees on
Appropriations of the Senate and the House of Representatives at least
5 days in advance of such transfer.
(f) For purposes of this section--
(1) The term ``program, project, or activity'' means--
(A) each item listed under an appropriation account or fee
funded program account for which an amount is specified in the
detailed funding table located at the end of the explanatory
statement accompanying the applicable appropriations Act;
(B) each item for which the explanatory statement
accompanying the applicable appropriations Act specifies a
funding amount, except for references to increases or
reductions below the budget request; or
(C) in the case of subsection (a)(1), any allowable use of
funds that is not within the scope of an item described in
subparagraph (A) or (B) of this paragraph, except for such
accounts or programs for which there are no such items;
(2) The term ``reprogramming of funds'' means a
reduction to or augmentation of a funding amount
specified in the explanatory statement accompanying the
applicable appropriations Act for a program, project,
or activity; and
(3) The term ``exigent requirements or
circumstances'' means those requirements or
circumstances for which an inability to increase
budgetary resources through a transfer of funds during
the current fiscal year would result in a significant
increase in costs to the Federal government in the
current or a subsequent fiscal year or would seriously
compromise needed departmental capabilities.
Sec. 504. (a) None of the funds provided by this Act, by prior
Acts, or from any accounts in the Treasury of the United States derived
from the collection of fees available to the components funded by this
Act, shall be available for an obligation that contracts out any
function presently performed by Federal personnel or any new function
proposed to be performed by Federal personnel in the President's
budget, submitted pursuant to section 1105(a) of title 31, United
States Code, and accompanying justification materials for the fiscal
year funded by this Act or prior Department of Homeland Security
appropriations Acts.
(b) None of the funds provided by this Act or prior Department of
Homeland Security Appropriations Acts for ``Procurement, Construction,
and Improvements'' may be available for an obligation for any purpose
that was not--
(1) proposed in the President's budget, submitted pursuant
to section 1105(a) of title 31, United States Code, and
accompanying justification materials, for the applicable fiscal
year; or
(2) explicitly described in the applicable appropriations
Act or the explanatory statement accompanying such Act.
(c) None of the funds provided by this Act or prior Department of
Homeland Security Appropriations Acts for ``Operations and Support''
may be available for an obligation to establish or eliminate any office
or other functional unit affecting more than 10 full-time personnel
equivalents unless such establishment or elimination was--
(1) proposed in the President's budget, submitted pursuant
to section 1105(a) of title 31, United States Code, and
accompanying justification materials, for the applicable fiscal
year; or
(2) explicitly described in the applicable appropriations
Act or the explanatory statement accompanying such Act.
(d) Subsections (a), (b), and (c) shall not apply if the Committees
on Appropriations of the Senate and the House of Representatives are
notified at least 15 days in advance of such obligation by the Under
Secretary for Management of the Department of Homeland Security.
Sec. 505. (a) Except as otherwise specifically provided by law, not
to exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2023, as recorded in the financial records at the
time of a reprogramming notification, but not later than June 30, 2024,
from appropriations for ``Operations and Support'' for fiscal year 2023
in this Act shall remain available through September 30, 2024, in the
account and for the purposes for which the appropriations were
provided.
(b) Prior to the obligation of such funds, a notification shall be
submitted to the Committees on Appropriations of the Senate and the
House of Representatives in accordance with section 503 of this Act.
Sec. 506. (a) Section 504 of the Department of Homeland Security
Appropriations Act, 2017 (division F of Public Law 115-31), related to
the operations of a working capital fund, shall apply with respect to
funds made available in this Act in the same manner as such section
applied to funds made available in that Act.
(b) Funds from such working capital fund may be obligated and
expended in anticipation of reimbursements from components of the
Department of Homeland Security.
Sec. 507. (a) Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2023 until the enactment of an Act authorizing
intelligence activities for fiscal year 2023.
(b) Amounts described in subsection (a) made available for
``Intelligence, Analysis, and Situational Awareness--Operations and
Support'' that exceed the amounts in such authorization for such
account shall be transferred to and merged with amounts made available
under the heading ``Management Directorate--Operations and Support''.
(c) Prior to the obligation of any funds transferred under
subsection (b), the Management Directorate shall brief the Committees
on Appropriations of the Senate and the House of Representatives on a
plan for the use of such funds.
Sec. 508. (a) The Secretary of Homeland Security, or the designee
of the Secretary, shall notify the Committees on Appropriations of the
Senate and the House of Representatives at least 3 full business days
in advance of--
(1) making or awarding a grant allocation or grant in
excess of $1,000,000;
(2) making or awarding a contract, other transaction
agreement, or task or delivery order on a Department of
Homeland Security multiple award contract, or to issue a letter
of intent totaling in excess of $4,000,000;
(3) awarding a task or delivery order requiring an
obligation of funds in an amount greater than $10,000,000 from
multi-year Department of Homeland Security funds;
(4) making a sole-source grant award; or
(5) announcing publicly the intention to make or award
items under paragraph (1), (2), (3), or (4), including a
contract covered by the Federal Acquisition Regulation.
(b) If the Secretary of Homeland Security determines that
compliance with this section would pose a substantial risk to human
life, health, or safety, an award may be made without notification, and
the Secretary shall notify the Committees on Appropriations of the
Senate and the House of Representatives not later than 5 full business
days after such an award is made or letter issued.
(c) A notification under this section--
(1) may not involve funds that are not available for
obligation; and
(2) shall include the amount of the award; the fiscal year
for which the funds for the award were appropriated; the type
of contract; and the account from which the funds are being
drawn.
Sec. 509. Notwithstanding any other provision of law, no agency
shall purchase, construct, or lease any additional facilities, except
within or contiguous to existing locations, to be used for the purpose
of conducting Federal law enforcement training without advance
notification to the Committees on Appropriations of the Senate and the
House of Representatives, except that the Federal Law Enforcement
Training Centers is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement for
training that cannot be accommodated in existing Centers' facilities.
Sec. 510. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any construction,
repair, alteration, or acquisition project for which a prospectus
otherwise required under chapter 33 of title 40, United States Code,
has not been approved, except that necessary funds may be expended for
each project for required expenses for the development of a proposed
prospectus.
Sec. 511. No Federal funds may be available to pay the salary of
any employee serving as a contracting officer's representative, or
anyone acting in a similar capacity, who has not received contracting
officer's representative training.
Sec. 512. (a) None of the funds made available in this Act may be
used in contravention of the applicable provisions of the Buy American
Act.
(b) For purposes of subsection (a), the term ``Buy American Act''
means chapter 83 of title 41, United States Code.
Sec. 513. None of the funds made available in this Act may be used
to amend the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 514. None of the funds provided or otherwise made available
in this Act shall be available to carry out section 872 of the Homeland
Security Act of 2002 (6 U.S.C. 452) unless explicitly authorized by the
Congress.
Sec. 515. None of the funds made available in this Act may be used
for planning, testing, piloting, or developing a national
identification card.
Sec. 516. Any official that is required by this Act to report or
to certify to the Committees on Appropriations of the Senate and the
House of Representatives may not delegate such authority to perform
that act unless specifically authorized herein.
Sec. 517. None of the funds made available in this Act may be used
for first-class travel by the employees of agencies funded by this Act
in contravention of sections 301-10.122 through 301-10.124 of title 41,
Code of Federal Regulations.
Sec. 518. Notwithstanding any other provision of this Act, none of
the funds appropriated or otherwise made available by this Act may be
used to pay award or incentive fees for contractor performance that has
been judged to be below satisfactory performance or performance that
does not meet the basic requirements of a contract.
Sec. 519. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, territorial, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 520. None of the funds made available in this Act may be used
by a Federal law enforcement officer to facilitate the transfer of an
operable firearm to an individual if the Federal law enforcement
officer knows or suspects that the individual is an agent of a drug
cartel unless law enforcement personnel of the United States
continuously monitor or control the firearm at all times.
Sec. 521. (a) None of the funds made available in this Act may be
used to pay for the travel to or attendance of more than 50 employees
of a single component of the Department of Homeland Security, who are
stationed in the United States, at a single international conference
unless the Secretary of Homeland Security, or a designee, determines
that such attendance is in the national interest and notifies the
Committees on Appropriations of the Senate and the House of
Representatives within at least 10 days of that determination and the
basis for that determination.
(b) For purposes of this section the term ``international
conference'' shall mean a conference occurring outside of the United
States attended by representatives of the United States Government and
of foreign governments, international organizations, or nongovernmental
organizations.
(c) The total cost to the Department of Homeland Security of any
such conference shall not exceed $500,000.
(d) Employees who attend a conference virtually without travel away
from their permanent duty station within the United States shall not be
counted for purposes of this section, and the prohibition contained in
this section shall not apply to payments for the costs of attendance
for such employees.
Sec. 522. None of the funds made available in this Act may be used
to reimburse any Federal department or agency for its participation in
a National Special Security Event.
Sec. 523. (a) None of the funds made available to the Department of
Homeland Security by this or any other Act may be obligated for the
implementation of any structural pay reform or the introduction of any
new position classification that will affect more than 100 full-time
positions or costs more than $5,000,000 in a single year before the end
of the 30-day period beginning on the date on which the Secretary of
Homeland Security submits to Congress a notification that includes--
(1) the number of full-time positions affected by such
change;
(2) funding required for such change for the current fiscal
year and through the Future Years Homeland Security Program;
(3) justification for such change; and
(4) for a structural pay reform, an analysis of
compensation alternatives to such change that were considered
by the Department.
(b) Subsection (a) shall not apply to such change if--
(1) it was proposed in the President's budget proposal for
the fiscal year funded by this Act; and
(2) funds for such change have not been explicitly denied
or restricted in this Act.
Sec. 524. (a) Any agency receiving funds made available in this Act
shall, subject to subsections (b) and (c), post on the public website
of that agency any report required to be submitted by the Committees on
Appropriations of the Senate and the House of Representatives in this
Act.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises homeland
or national security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the Committees on
Appropriations of the Senate and the House of Representatives for not
less than 45 days except as otherwise specified in law.
Sec. 525. (a) Funding provided in this Act for ``Operations and
Support'' may be used for minor procurement, construction, and
improvements.
(b) For purposes of subsection (a), ``minor'' refers to end items
with a unit cost of $250,000 or less for personal property, and
$2,000,000 or less for real property.
Sec. 526. The authority provided by section 532 of the Department
of Homeland Security Appropriations Act, 2018 (Public Law 115-141)
regarding primary and secondary schooling of dependents shall continue
in effect during fiscal year 2023.
Sec. 527. (a) Section 831 of the Homeland Security Act of 2002 (6
U.S.C. 391) shall be applied--
(1) in subsection (a), by substituting ``September 30,
2023,'' for ``September 30, 2017,''; and
(2) in subsection (c)(1), by substituting ``September 30,
2023,'' for ``September 30, 2017''.
(b) The Secretary of Homeland Security, under the authority of
section 831 of the Homeland Security Act of 2002 (6 U.S.C. 391(a)), may
carry out prototype projects under section 2371b of title 10, United
States Code, and the Secretary shall perform the functions of the
Secretary of Defense as prescribed.
(c) The Secretary of Homeland Security under section 831 of the
Homeland Security Act of 2002 (6 U.S.C. 391(d)) may use the definition
of nontraditional government contractor as defined in section 2371b(e)
of title 10, United States Code.
Sec. 528. (a) None of the funds appropriated or otherwise made
available to the Department of Homeland Security by this Act may be
used to prevent any of the following persons from entering, for the
purpose of conducting oversight, any facility operated by or for the
Department of Homeland Security used to detain or otherwise house
aliens, or to make any temporary modification at any such facility that
in any way alters what is observed by a visiting Member of Congress or
such designated employee, compared to what would be observed in the
absence of such modification:
(1) A Member of Congress.
(2) An employee of the United States House of
Representatives or the United States Senate designated by such
a Member for the purposes of this section.
(b) Nothing in this section may be construed to require a Member of
Congress to provide prior notice of the intent to enter a facility
described in subsection (a) for the purpose of conducting oversight.
(c) With respect to individuals described in subsection (a)(2), the
Department of Homeland Security may require that a request be made at
least 24 hours in advance of an intent to enter a facility described in
subsection (a).
Sec. 529. (a) Except as provided in subsection (b), none of the
funds made available in this Act may be used to place restraints on a
woman in the custody of the Department of Homeland Security (including
during transport, in a detention facility, or at an outside medical
facility) who is pregnant or in post-delivery recuperation.
(b) Subsection (a) shall not apply with respect to a pregnant woman
if--
(1) an appropriate official of the Department of Homeland
Security makes an individualized determination that the woman--
(A) is a serious flight risk, and such risk cannot
be prevented by other means; or
(B) poses an immediate and serious threat to harm
herself or others that cannot be prevented by other
means; or
(2) a medical professional responsible for the care of the
pregnant woman determines that the use of therapeutic
restraints is appropriate for the medical safety of the woman.
(c) If a pregnant woman is restrained pursuant to subsection (b),
only the safest and least restrictive restraints, as determined by the
appropriate medical professional treating the woman, may be used. In no
case may restraints be used on a woman who is in active labor or
delivery, and in no case may a pregnant woman be restrained in a face-
down position with four-point restraints, on her back, or in a
restraint belt that constricts the area of the pregnancy. A pregnant
woman who is immobilized by restraints shall be positioned, to the
maximum extent feasible, on her left side.
Sec. 530. (a) None of the funds made available by this Act may be
used to destroy any document, recording, or other record pertaining to
any--
(1) death of,
(2) potential sexual assault or abuse perpetrated against,
or
(3) allegation of abuse, criminal activity, or disruption
committed by
an individual held in the custody of the Department of Homeland
Security.
(b) The records referred to in subsection (a) shall be made
available, in accordance with applicable laws and regulations, and
Federal rules governing disclosure in litigation, to an individual who
has been charged with a crime, been placed into segregation, or
otherwise punished as a result of an allegation described in paragraph
(3), upon the request of such individual.
Sec. 531. Section 519 of division F of Public Law 114-113,
regarding a prohibition on funding for any position designated as a
Principal Federal Official, shall apply with respect to any Federal
funds in the same manner as such section applied to funds made
available in that Act.
Sec. 532. (a) Not later than 10 days after the date on which the
budget of the President for a fiscal year is submitted to Congress
pursuant to section 1105(a) of title 31, United States Code, the Under
Secretary for Management of Homeland Security shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives a report on the unfunded priorities, for the Department
of Homeland Security and separately for each departmental component,
for which discretionary funding would be classified as budget function
050.
(b) Each report under this section shall specify, for each such
unfunded priority--
(1) a summary description, including the objectives to be
achieved if such priority is funded (whether in whole or in
part);
(2) the description, including the objectives to be
achieved if such priority is funded (whether in whole or in
part);
(3) account information, including the following (as
applicable):
(A) appropriation account; and
(B) program, project, or activity name; and
(4) the additional number of full-time or part-time
positions to be funded as part of such priority.
(c) In this section, the term ``unfunded priority'', in the case of
a fiscal year, means a requirement that--
(1) is not funded in the budget referred to in subsection
(a);
(2) is necessary to fulfill a requirement associated with
an operational or contingency plan for the Department; and
(3) would have been recommended for funding through the
budget referred to in subsection (a) if--
(A) additional resources had been available for the
budget to fund the requirement;
(B) the requirement has emerged since the budget
was formulated; or
(C) the requirement is necessary to sustain prior-
year investments.
Sec. 533. (a) Not later than 10 days after a determination is made
by the President to evaluate and initiate protection under any
authority for a former or retired Government official or employee, or
for an individual who, during the duration of the directed protection,
will become a former or retired Government official or employee
(referred to in this section as a ``covered individual''), the
Secretary of Homeland Security shall submit a notification to
congressional leadership and the Committees on Appropriations of the
Senate and the House of Representatives, the Committees on the
Judiciary of the Senate and the House of Representatives, the Committee
on Homeland Security and Governmental Affairs of the Senate, the
Committee on Homeland Security of the House of Representatives, and the
Committee on Oversight and Reform of the House of Representatives
(referred to in this section as the ``appropriate congressional
committees'').
(b) Such notification may be submitted in classified form, if
necessary, and in consultation with the Director of National
Intelligence or the Director of the Federal Bureau of Investigation, as
appropriate, and shall include the threat assessment, scope of the
protection, and the anticipated cost and duration of such protection.
(c) Not later than 15 days before extending, or 30 days before
terminating, protection for a covered individual, the Secretary of
Homeland Security shall submit a notification regarding the extension
or termination and any change to the threat assessment to the
congressional leadership and the appropriate congressional committees.
(d) Not later than 45 days after the date of enactment of this Act,
and quarterly thereafter, the Secretary shall submit a report to the
congressional leadership and the appropriate congressional committees,
which may be submitted in classified form, if necessary, detailing each
covered individual, and the scope and associated cost of protection.
Sec. 534. (a) None of the funds provided to the Department of
Homeland Security in this or any prior Act may be used by an agency to
submit an initial project proposal to the Technology Modernization Fund
(as authorized by section 1078 of subtitle G of Title X of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91))
unless, concurrent with the submission of an initial project proposal
to the Technology Modernization Board, the head of the agency--
(1) notifies the Committees on Appropriations of the Senate
and the House of Representatives of the proposed submission of
the project proposal;
(2) submits to the Committees on Appropriations a copy of
the project proposal; and
(3) provides a detailed analysis of how the proposed
project funding would supplement or supplant funding requested
as part of the Department's most recent budget submission.
(b) None of the funds provided to the Department of Homeland
Security by the Technology Modernization Fund shall be available for
obligation until 15 days after a report on such funds has been
transmitted to the Committees on Appropriations of the Senate and the
House of Representatives.
(c) The report described in subsection (b) shall include--
(1) the full project proposal submitted to and approved by
the Fund's Technology Modernization Board;
(2) the finalized interagency agreement between the
Department and the Fund including the project's deliverables
and repayment terms, as applicable;
(3) a detailed analysis of how the project will supplement
or supplant existing funding available to the Department for
similar activities;
(4) a plan for how the Department will repay the Fund,
including specific planned funding sources, as applicable; and
(5) other information as determined by the Secretary.
Sec. 535. (a) For an additional amount for border management
requirements of the U.S. Border Patrol, non-detention border management
requirements of U.S. Customs and Immigration Enforcement, and the
emergency food and shelter program for the purposes of providing
shelter and other services to families and individuals encountered by
the Department of Homeland Security, in addition to amounts otherwise
made available for such purposes, $200,000,000.
(b) The amount made available by subsection (a) may be transferred
by the Secretary of Homeland Security between appropriations for the
same purposes, notwithstanding section 503(c) of this Act.
(c) Not later than 90 days after the date of enactment of this Act,
the Under Secretary for Management shall provide an expenditure plan
for the use of the funds made available in subsection (a).
Sec. 536. No Federal funds may be used by the Department of
Homeland Security to deny any benefit application for admission, or
protection available to an individual under the Immigration and
Nationality Act (8 U.S.C. 1101 et. seq.) on the sole basis of any
event, conduct, finding, admission, history of substance use disorder,
arrest, or juvenile adjudication related to cannabis possession,
consumption, or use, or to a conviction solely based on such
possession, consumption, or use.
Sec. 537. No Federal funds made available to the Department of
Homeland Security may be used to enter into a procurement contract,
memorandum of understanding, or cooperative agreement with, or make a
grant to, or provide a loan or guarantee to, any entity identified
under Section 1260H of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) or any
subsidiary of such entity.
Sec. 538. Section 205 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5135) is amended--
(1) in subsection (d)--
(A) in paragraph (2)--
(i) by striking subparagraph (C);
(ii) at the end of subparagraph (A), by
adding ``and''; and
(iii) at the end of subparagraph (B), by
striking ``; and'' and inserting a period;
(B) in paragraph (3)(D), by striking ``local
governments, insular areas, and Indian tribal
governments'' and inserting ``local governments and
Tribal governments''; and
(C) by striking paragraph (4); and
(2) in subsection (m)--
(A) by striking paragraph (3) and inserting the
following:
``(3) Eligible entity.--The term `eligible entity' means a
State or an Indian tribal government that has received a major
disaster declaration pursuant to section 401.'';
(B) by striking paragraphs (5) and (10);
(C) by redesignating paragraphs (6) through (9) as
paragraphs (5) through (8), respectively; and
(D) by redesignating paragraph (11) as paragraph
(9).
Sec. 539. (a) The remaining unobligated balances of funds from
amounts provided under the heading ``Federal Emergency Management
Agency--Federal Assistance'' in division F of Public Law 117-103 for
the project identified as the ``Vermilion Safe Room'' in the table
entitled ``Homeland Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items'' under the heading ``Federal
Emergency Management Agency--Federal Assistance'' in the explanatory
statement described in section 4 in the matter preceding division A of
Public Law 117-103 are hereby rescinded.
(b) In addition to amounts otherwise available, there is
appropriated for an additional amount for fiscal year 2022 for "Federal
Emergency Management Agency--Federal Assistance", $3,000,000, to remain
available until September 30, 2024, for an Emergency Operations Center
grant under section 614 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5196c) for the project identified
as the ``Vermilion Safe Room'' in the table entitled ``Homeland
Incorporation of Community Project Funding Items/Congressionally
Directed Spending Items'' under the heading ``Federal Emergency
Management Agency--Federal Assistance'' in the explanatory statement
described in section 4 in the matter preceding division A of Public Law
117-103.
(c) --
(1) Subject to paragraph (2), this section shall become
effective immediately upon enactment of this Act.
(2) If this Act is enacted after September 30, 2022, this
section shall be applied as if it were in effect on September
30, 2022.
(rescissions of funds)
Sec. 540. Of the funds appropriated to the Department of Homeland
Security, the following funds are hereby rescinded from the following
accounts and programs in the specified amounts: Provided, That no
amounts may be rescinded from amounts that were designated by the
Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985:
(1) $30,000,000 from Public Law 117-103 under the heading
``U.S. Customs and Border Protection--Procurement,
Construction, and Improvements''.
(2) $100,097,000 from Public Law 117-103 under the heading
``Transportation Security Administration--Operations and
Support''.
(3) $87,619,000 from Public Law 117-103 under the heading
``U.S. Citizenship and Immigration Services--Operations
Support''.
This Act may be cited as the ``Department of Homeland Security
Appropriations Act, 2023''.
Union Calendar No. 304
117th CONGRESS
2d Session
H. R. 8257
[Report No. 117-396]
_______________________________________________________________________
A BILL
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2023, and for other purposes.
_______________________________________________________________________
July 1, 2022
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
Introduced in House
The House Committee on Appropriations reported an original measure, H. Rept. 117-396, by Ms. Roybal-Allard.
The House Committee on Appropriations reported an original measure, H. Rept. 117-396, by Ms. Roybal-Allard.
Placed on the Union Calendar, Calendar No. 304.
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