Department of Homeland Security Appropriations Act, 2024
This bill provides FY2024 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 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4367 Reported in House (RH)]
<DOC>
Union Calendar No. 95
118th CONGRESS
1st Session
H. R. 4367
[Report No. 118-123]
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2024, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 27, 2023
Mr. Joyce of Ohio 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, 2024, 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, 2024, 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, $279,606,000; of which
$5,000,000 shall remain available until September 30, 2025: Provided,
That $5,000,000 shall be withheld from obligation until the Secretary
submits, to the Committees on Appropriations of the House of
Representatives and the Senate, responses to all questions for the
record for each hearing on the fiscal year 2025 budget submission for
the Department of Homeland Security held by such Committees prior to
July 1: Provided further, That $25,000,000 shall be withheld from
obligation until the Secretary submits the reports required by
subsection (g) of section 1092 of the National Defense Authorization
Act for Fiscal Year 2017 (6 U.S.C. 223) and subsection (b) of section
386 of the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (8 U.S.C. 1368).
Management Directorate
operations and support
For necessary expenses of the Management Directorate for operations
and support, $1,695,326,000: 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, $127,758,000, to remain
available until September 30, 2026.
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, $348,736,000, of which $105,701,000 shall
remain available until September 30, 2025: 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 Inspector General
operations and support
For necessary expenses of the Office of Inspector General for
operations and support, $228,371,000: 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
Sec. 101. (a) The Secretary of Homeland Security shall submit a
report not later than October 15, 2024, 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 2023 or 2024.
(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 House of Representatives and the Senate not
later than February 15, 2025.
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 House of
Representatives and the Senate 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. (a) The Secretary of Homeland Security, in consultation
with the Secretary of the Treasury, shall notify the Committees on
Appropriations of the House of Representatives and the Senate 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 House of
Representatives and the Senate are notified of the proposed transfer.
Sec. 104. 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. 105. (a) The Under Secretary for Management shall brief the
Committees on Appropriations of the House of Representatives and the
Senate not later than 45 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 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, adjusted for comparison to
the Future Years Homeland Security Program, 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 House of Representatives and
the Senate 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. 106. (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 unless the component or
office carrying out such pilot or demonstration 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 pilot or demonstration, the Under
Secretary for Management shall provide a report to the Committees on
Appropriations of the House of Representatives and the Senate on the
information described in subsection (c).
(c) The information required under subsections (a) and (b) for a
pilot or demonstration 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, cost
estimates, and implementation schedules, including a projected
end date.
(d) Not later than 90 days after the date of completion of a pilot
or demonstration described in subsection (e) the Under Secretary for
Management shall provide a report to the Committees on Appropriations
of the House of Representatives and the Senate detailing lessons
learned, actual costs, any planned expansion or continuation of the
pilot or demonstration, and any planned transition of such pilot or
demonstration into an enduring program or operation.
(e) For the purposes of this section, a pilot or demonstration
program is a 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 10 full-time equivalents or obligates,
or proposes to obligate, $5,000,000 or more, but does not
include congressionally directed programs or enhancements and
does not include programs that were in operation as of December
29, 2022.
(f) For the purposes of this section, a pilot or demonstration does
not include any testing, evaluation, or initial deployment phase
executed under a procurement contract for the acquisition of
information technology services or systems, or any pilot or
demonstration carried out by a non-federal recipient under any
financial assistance agreement funded by the Department.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
operations and support
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; $16,241,678,000; 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 $700,000,000 shall
be available until September 30, 2025; 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.
procurement, construction, and improvements
For necessary expenses of U.S. Customs and Border Protection for
procurement, construction, and improvements, including procurement of
physical barriers, marine vessels, aircraft, and unmanned aerial
systems, $2,965,653,000, of which $741,885,000 shall remain available
until September 30, 2026; and of which $2,223,768,000 shall remain
available until September 30, 2028.
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, including stipends for members of such units; and
maintenance, minor construction, and minor leasehold improvements at
owned and leased facilities; $9,758,297,000; 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, 2025; of which not less than $2,000,000
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; and of which not less than $5,310,547,000
shall be for enforcement, detention, and removal operations, including
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 not less than $2,000,000
shall be for entering into new agreements for the delegation of law
enforcement authority authorized under section 287(g) of the
Immigration and Nationality Act: Provided further, That funding made
available under this heading shall maintain a level of not less than
41,500 detention beds through September 30, 2024.
procurement, construction, and improvements
For necessary expenses of U.S. Immigration and Customs Enforcement
for procurement, construction, and improvements, $50,520,000, of which
$35,420,000 shall remain available until September 30, 2026, and of
which $15,100,000 shall remain available until September 30, 2028.
Transportation Security Administration
operations and support
For necessary expenses of the Transportation Security
Administration for operations and support, $10,118,131,000, of which
$600,000,000 shall remain available until September 30, 2025:
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 2024 so as to result in a final fiscal year
appropriation from the general fund estimated at not more than
$7,498,131,000.
procurement, construction, and improvements
For necessary expenses of the Transportation Security
Administration for procurement, construction, and improvements,
$130,340,000, to remain available until September 30, 2026.
research and development
For necessary expenses of the Transportation Security
Administration for research and development, $33,532,000, to remain
available until September 30, 2025.
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; $10,222,488,000, 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 $20,000,000 shall remain available until September 30, 2026; of
which $24,717,000 shall remain available until September 30, 2028, for
environmental compliance and restoration; and of which $100,000,000
shall remain available until September 30, 2025, 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, $1,981,194,000, to remain available until September
30, 2028; 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, 2026, 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, $1,147,244,000, 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;
$2,949,463,000; of which $114,599,000 shall remain available until
September 30, 2025, 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 $30,000,000 may be for calendar year 2023 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, $61,098,000, to remain
available until September 30, 2026.
research and development
For necessary expenses of the United States Secret Service for
research and development, $4,217,000, to remain available until
September 30, 2025.
Administrative Provisions
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 2024''
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 2024 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
114-125), 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 House of Representatives and the Senate, the Committee on
Transportation and Infrastructure of the House of Representatives, and
the Committee on Commerce, Science, and Transportation of the Senate
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 Commissioner of U.S. Customs and Border Protection 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 House of Representatives and the Senate.
(b) No such amounts provided in this Act may be obligated prior to
the submission of such plan.
Sec. 209. Section 211 of the Department of Homeland Security
Appropriations Act, 2021 (division F of Public Law 116-260),
prohibiting the use of funds for the construction of fencing in certain
areas, 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.
Sec. 210. (a) Funds made available in this Act may be used to alter
operations within the National Targeting Center of U.S. Customs and
Border Protection.
(b) None of the funds provided by this Act, provided by previous
appropriations Acts that remain available for obligation or expenditure
in fiscal year 2024, or provided from any accounts in the Treasury of
the United States derived by the collection of fees available to the
components funded by this Act, may be used to reduce anticipated or
planned vetting operations at existing locations unless specifically
authorized by a statute enacted after the date of enactment of this
Act.
Sec. 211. (a) Of the total amount made available under ``U.S.
Customs and Border Protection--Procurement, Construction, and
Improvements'', $2,965,653,000 shall be available only as follows:
(1) $2,104,000,000 for the acquisition and deployment of
physical barriers;
(2) $276,000,000 for the acquisition and deployment of
border security technologies;
(3) $305,400,000 for trade and travel assets and
infrastructure;
(4) $119,768,000 for facility construction and
improvements;
(5) $123,232,000 for integrated operations assets and
infrastructure; and
(6) $37,253,000 for mission support and infrastructure.
(b) None of the funds allocated for pedestrian physical barriers
may be made available for any purpose other than the construction of
steel bollard pedestrian barrier built at least 18 to 30 feet in
effective height and augmented with anti-climb and anti-dig features.
(c) None of the funds allocated for pedestrian physical barriers
may be made available for any purpose other than construction of
pedestrian barriers consistent with the description in subsection (b)
at locations identified in the Border Security Improvement Plan
submitted to Congress on August 1, 2020.
(d) The Commissioner of U.S. Customs and Border Protection may
reprioritize the construction of physical barriers outlined in the
Border Security Improvement Plan and, with prior approval of the
Committees on Appropriations of the House of Representatives and the
Senate, add additional miles of pedestrian physical barriers where no
such barriers exist, prioritized by operational requirements developed
in coordination with U.S. Border Patrol leadership.
(e) The Secretary of Homeland Security shall begin to obligate
amounts for physical barrier construction no later than 120 days after
the date of enactment of this Act.
(f) For purposes of this section, the term ``effective height''
refers to the height above the level of the adjacent terrain features.
Sec. 212. None of the funds appropriated or otherwise made
available by this Act may be obligated, expended, or transferred to
another Federal agency, board, or commission to be used to dismantle,
demolish, remove, or damage existing United States-Mexico physical
barriers at any location where such barriers have been constructed as
of the date of enactment of this Act unless such barrier is
simultaneously being repaired or replaced.
Sec. 213. None of the funds appropriated or otherwise made
available by this Act may be made available to utilize the U.S. Customs
and Border Protection CBP One Application, or any successor
application, to facilitate the parole of any alien into the United
States.
Sec. 214. None of the funds appropriated or otherwise made
available by this Act may be made available to reduce participation in
or substantively diminish the delegation of law enforcement authority
authorized under section 287(g) of the Immigration and Nationality Act,
except as provided in section 215 of this Act.
Sec. 215. 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. 216. (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. 217. 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. 218. The reports required to be submitted under section 216
of the Department of Homeland Security Appropriations Act, 2021
(division F of Public Law 116-260) shall continue to be submitted
semimonthly and each matter required to be included in such reports by
such section 216 shall apply in the same manner and to the same extent
during the period described in such section 216.
Sec. 219. The terms and conditions of section 217 of the
Department of Homeland Security Appropriations Act, 2020 (division D of
Public Law 116-93) shall apply to this Act.
Sec. 220. None of the funds appropriated or otherwise made
available by this Act may be made available to implement, administer,
or otherwise carry out the activities and policies described in the
memorandum issued by the Secretary of Homeland Security on September
30, 2021, entitled ``Guidelines for the Enforcement of Civil
Immigration Law'' or described in the memorandum issued by Kerry Doyle,
Immigration and Customs Enforcement Principal Legal Advisor on April 3,
2022, entitled ``Guidance to OPLA Attorneys Regarding the Enforcement
of Civil Immigration Laws and the Exercise of Prosecutorial
Discretion'' or any successor or similar memorandum or policy.
Sec. 221. (a) None of the funds appropriated or otherwise made
available by this Act may be made available to transport aliens
unlawfully present in, paroled into, or inadmissible to the United
States into the interior of the United States for purposes other than
enforcement of the immigration laws (as such term is defined in section
101 of the Immigration and Nationality Act (8 U.S.C. 1101)).
(b) The limitation under subsection (a) shall not apply with
respect to amounts made available to transport unaccompanied alien
children (as such term is defined in section 462 of the Homeland
Security Act of 2002 (6 U.S.C. 279)).
Sec. 222. (a) None of the funds appropriated or otherwise made
available by this Act for ``U.S. Immigration and Customs Enforcement''
may be used to pay for or facilitate an abortion, except where the life
of the mother would be endangered if the fetus would be carried to
term, or in the case of rape or incest.
(b) None of the funds appropriated or otherwise made available by
this Act for ``U.S. Immigration and Customs Enforcement'' may be used
to require any person to perform, or facilitate in any way the
performance of, any abortion.
Sec. 223. None of the funds appropriated or otherwise made
available by this Act may be made available to administer hormone
therapy medication or perform or facilitate any surgery for any person
in custody of U.S. Immigration and Customs Enforcement for the purpose
of gender-affirming care.
Sec. 224. The Secretary of Homeland Security shall allocate
amounts appropriated or otherwise made available under the heading
``U.S. Immigration and Customs Enforcement--Operations and Support'' by
this Act in order to--
(1) prioritize detention by using such amounts to ensure
that the average daily population of detainees is maintained at
the full capacity funded by this Act throughout the fiscal
year; and
(2) ensure that every alien on the non-detained docket is
enrolled into the Alternatives to Detention Program with
mandatory GPS monitoring throughout the duration of all
applicable immigration proceedings (including any appeals) and
until removal, if ordered removed.
Sec. 225. 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. 226. Notwithstanding section 44923 of title 49, United States
Code, for fiscal year 2024, 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. 227. 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 Homeland Security in the House of Representatives
and the Committees on Appropriations and Commerce, Science, and
Transportation of the Senate 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. 228. None of the funds made available under the heading
``Transportation Security Administration--Operations and Support'' may
be made available for the purpose of implementation of any structural
pay reform that would alter the pay structure in place as of October 1,
2022, for any employee that is not a Transportation Security Officer.
Sec. 229. (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. 230. 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. 231. Notwithstanding any other provision of law, the
Commandant of the Coast Guard shall submit to the Committees on
Appropriations of the House of Representatives and the Senate 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. 232. None of the funds in this Act shall be used to reduce
the Coast Guard's legacy Operations Systems Center mission or its
government-employed or contract staff levels.
Sec. 233. None of the funds appropriated by this Act may be used
to conduct, or to implement the results of, a competition under Office
of Management and Budget Circular A-76 for activities performed with
respect to the Coast Guard National Vessel Documentation Center.
Sec. 234. Funds made available in this Act may be used to alter
operations within the Civil Engineering Program of the Coast Guard
nationwide, including civil engineering units, facilities design and
construction centers, maintenance and logistics commands, and the Coast
Guard Academy, except that none of the funds provided in this Act may
be used to reduce operations within any civil engineering unit unless
specifically authorized by a statute enacted after the date of
enactment of this Act.
Sec. 235. Amounts deposited into the Coast Guard Housing Fund in
fiscal year 2024 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. 236. (a) Notwithstanding section 2110 of title 46, United
States Code, none of the funds made available in this Act shall be used
to charge a fee for an inspection of a towing vessel, as defined in 46
CFR 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 section 815(b) of such Act.
Sec. 237. 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. 238. (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. 239. 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. 240. 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 House of
Representatives and the Senate 10 or more days in advance, or as early
as practicable, prior to such expenditures.
Sec. 241. None of the funds appropriated or otherwise made
available by this Act may be made available to implement, administer,
or otherwise carry out the policies described in the directive issued
by the Acting Commissioner of U.S. Customs and Border Protection on
January 10, 2023, entitled ``Emergency Driving and Vehicular
Pursuits'', or any successor or similar directive or policy.
Sec. 242. None of the funds appropriated or otherwise made
available by this Act may be made available to admit an alien into the
United States based on a Department of Homeland Security Form I-20
(Certificate of Eligibility for Nonimmigrant Student Status) issued by
a college, university, or other institution of higher education that is
not accredited by a nationally recognized accrediting agency or
association recognized by the Secretary of Education pursuant to part H
of title IV of the Higher Education Act of 1965 (20 U.S.C. 1099a et
seq.).
Sec. 243. None of the funds appropriated or otherwise made
available by this Act may be made available to parole into the
Commonwealth of the Northern Mariana Islands, for the purpose of
temporary visit for business or pleasure without a visa, an alien who
is a national of the People's Republic of China.
Sec. 244. None of the funds appropriated or otherwise made
available by this Act or previous appropriations Acts under the heading
``Coast Guard--Procurement, Construction, and Improvements'' that
remain available for obligation in fiscal year 2024 within the
Waterways Commerce Cutter Program may be used to enter into or carry
out a procurement contract with any entity deemed not eligible for an
award from a size standpoint by the Small Business Administration.
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, $2,370,963,000, of which
$24,424,000 shall remain available until September 30, 2025: Provided,
That not to exceed $3,825 shall be for official reception and
representation expenses: Provided further, That $5,000,000 shall be
withheld from obligation until the reports and briefings directed under
this heading in the explanatory statement accompanying Public Law 117-
103 have been submitted to the Committees on Appropriations of the
House of Representatives and the Senate.
procurement, construction, and improvements
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for procurement, construction, and improvements,
$553,537,000, to remain available until September 30, 2026.
research and development
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for research and development, $1,791,000, to remain
available until September 30, 2025.
Federal Emergency Management Agency
operations and support
For necessary expenses of the Federal Emergency Management Agency
for operations and support, $1,521,248,000: 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, $119,137,000, of which
$81,637,000 shall remain available until September 30, 2026, and of
which $37,500,000 shall remain available until September 30, 2028.
federal assistance
For activities of the Federal Emergency Management Agency for
Federal assistance through grants, contracts, cooperative agreements,
and other activities, $3,742,460,342, which shall be allocated as
follows:
(1) $530,000,000 for the State Homeland Security Grant
Program under section 2004 of the Homeland Security Act of 2002
(6 U.S.C. 605), of which $100,000,000 shall be for Operation
Stonegarden and $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 2024,
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) $315,000,000 for the Nonprofit Security Grant Program
under section 2009 of the Homeland Security Act of 2002 (6
U.S.C. 609a), of which $157,500,000 is for eligible recipients
located in high-risk urban areas that receive funding under
section 2003 of such Act and $157,500,000 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) $720,000,000, to remain available until September 30,
2025, of which $360,000,000 shall be for Assistance to
Firefighter Grants and $360,000,000 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) $355,000,000 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) $312,750,000 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) $130,000,000 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, 2025: 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) $181,223,342 for Community Project Funding grants,
which shall be for the purposes, and the amounts, specified in
the table entitled ``Homeland Security--Community Project
Funding'' in the report accompanying this Act, of which--
(A) $65,627,263, in addition to amounts otherwise
made available for such purpose, 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); and
(B) $115,596,079, in addition to amounts otherwise
made available for such purpose, 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),
(l)).
(13) $326,487,000 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.),
$20,406,341,000, to remain available until expended, of which
$20,261,000,000 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 251(b)(2)(D) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
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), $239,983,000, to remain available until September 30, 2025,
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 $18,917,000 shall be available for mission support
associated with flood management; and of which $221,066,000 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 2024, 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) $230,504,000 for operating expenses and salaries and
expenses associated with flood insurance operations;
(2) $1,300,000,000 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) The Director of the Cybersecurity and Infrastructure
Security Agency (or the Director's designee) shall provide the
briefings to the Committees on Appropriations of the House of
Representatives and the Senate described under the heading ``Quarterly
Budget and Staffing Briefings'' in the explanatory statement for
division F of Public Law 117-103 described in section 4 in the matter
preceding division A of such Public Law--
(1) with respect to the first quarter of fiscal year 2024,
not later than the later of 30 days after the date of enactment
of this Act or January 30, 2024; and
(2) with respect to each subsequent fiscal quarter in
fiscal year 2024, not later than 21 days after the end of each
such quarter.
(b) In the event that any such briefing required during this fiscal
year under subsection (a) is not provided, the amount made available in
title III to the Cybersecurity and Infrastructure Security Agency under
the heading ``Operations and Support'' shall be reduced by $50,000 for
each day of noncompliance with subsection (a), and the amount made
available under such heading and specified in the detailed funding
table in the report accompanying this Act for Mission Support shall be
correspondingly reduced by an equivalent amount.
Sec. 302. (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 such paragraph
(3).
Sec. 303. Applications for grants under the heading ``Federal
Emergency Management Agency--Federal Assistance'', for paragraphs (1)
through (5), 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 House of
Representatives and the Senate 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 2024 with respect to
budget year 2025 and current fiscal year 2024, respectively--
(1) in paragraph (1) by substituting ``fiscal year 2025''
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
2024, 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, 2024, 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 of the E-Verify Program, $111,865,000:
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)).
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, $361,398,000, of which $66,665,000 shall remain available
until September 30, 2025: 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, $20,100,000,
to remain available until September 30, 2028, 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, $333,632,000, of which $206,548,000 shall remain
available until September 30, 2025: 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, $58,466,000, to remain
available until September 30, 2028.
research and development
For necessary expenses of the Science and Technology Directorate
for research and development, $444,545,000, to remain available until
September 30, 2026.
Countering Weapons of Mass Destruction Office
operations and support
For necessary expenses of the Countering Weapons of Mass
Destruction Office for operations and support, $164,315,000, of which
$69,364,000 shall remain available until September 30, 2025: 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,
$42,338,000, to remain available until September 30, 2026.
research and development
For necessary expenses of the Countering Weapons of Mass
Destruction Office for research and development, $64,201,000, to remain
available until September 30, 2026.
federal assistance
For necessary expenses of the Countering Weapons of Mass
Destruction Office for Federal assistance through grants, contracts,
cooperative agreements, and other activities, $142,885,000, to remain
available until September 30, 2026.
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. None of the funds appropriated or otherwise made
available by this Act may be made available to implement, administer,
or enforce the rule entitled ``Procedures or Credible Fear Screening
and Consideration of Asylum, Withholding of Removal, and CAT Protection
Claims by Asylum Officers'' (87 Fed. Reg. 18078).
Sec. 405. None of the funds appropriated or otherwise made
available by this Act may be made available to issue any employment
authorization document or similar document to any alien whose
application for asylum in the United States has been denied, or who is
convicted of a Federal or State crime while his or her application for
asylum in the United States is pending.
Sec. 406. (a) Section 214(g)(9)(A) of the Immigration and
Nationality Act (8 U.S.C. 1184(g)(9)(A)) is amended to read as follows:
``(A) Subject to subparagraphs (B) and (C), an alien shall be
considered a returning worker and shall not again be counted toward the
numerical limitation of paragraph (1)(B) during fiscal year 2024 if
such alien has already been counted toward such numerical limitation
during any of the 3 preceding fiscal years.''.
(b) The amendment made by this section shall apply on and after
October 1, 2023.
Sec. 407. In fiscal year 2024, 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. 408. Notwithstanding section 286(n) of the Immigration and
Nationality Act (8 U.S.C. 1356(n)), the Director of U.S. Citizenship
and Immigration Services may use not more than $5,000 of the amounts
deposited in the Immigration Examinations Fee Account for official
reception and representation expenses in fiscal year 2024.
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 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 by this Act, provided by
previous appropriations Acts to the components in or transferred to the
Department of Homeland Security that remain available for obligation or
expenditure in fiscal year 2024, or provided from any accounts in the
Treasury of the United States derived by 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 or eliminates a program, project, or activity,
or increases funds for any program, project, or activity for
which funds have been denied or restricted by the Congress;
(2) contracts out any function or activity presently
performed by Federal employees or any new function or activity
proposed to be performed by Federal employees in the
President's budget proposal for fiscal year 2024 for the
Department of Homeland Security;
(3) augments funding for existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever is
less;
(4) reduces funding for any program, project, or activity,
or numbers of personnel, by 10 percent or more; or
(5) results from any general savings from a reduction in
personnel that would result in a change in funding levels for
programs, projects, or activities as approved by the Congress.
(b) Subsection (a) shall not apply if the Committees on
Appropriations of the House of Representatives and the Senate are
notified at least 15 days in advance of such reprogramming.
(c) Up to 5 percent of any appropriation made available for the
current fiscal year for the Department of Homeland Security by this Act
or provided by previous appropriations Acts may be transferred between
such appropriations if the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 30 days in advance
of such transfer, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10 percent by
such transfer.
(d) Notwithstanding subsections (a), (b), and (c), no funds shall
be reprogrammed within or transferred between appropriations based upon
an initial notification provided after June 30, except in extraordinary
circumstances that imminently threaten the safety of human life or the
protection of property.
(e) The notification thresholds and procedures set forth in
subsections (a), (b), (c), and (d) shall apply to any use of
deobligated balances of funds provided in previous Department of
Homeland Security Appropriations Acts that remain available for
obligation in the current year.
(f) 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: Provided, That the Secretary shall notify the
Committees on Appropriations of the House of Representatives and the
Senate at least 5 days in advance of such transfer.
Sec. 504. (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. 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 2024, as recorded in the financial records at the
time of a reprogramming notification, but not later than June 30, 2025,
from appropriations for ``Operations and Support'' for fiscal year 2024
in this Act shall remain available through September 30, 2025, 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 House of
Representatives and the Senate in accordance with section 503 of this
Act.
Sec. 506. (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 2024 until the enactment of an Act authorizing
intelligence activities for fiscal year 2024.
(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 House of Representatives and the Senate on a
plan for the use of such funds.
Sec. 507. (a) The Secretary of Homeland Security, or the designee
of the Secretary, shall notify the Committees on Appropriations of the
House of Representatives and the Senate 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 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 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
House of Representatives and the Senate 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. 508. 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 House of
Representatives and the Senate, 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. 509. 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. 510. Sections 522 and 530 of the Department of Homeland
Security Appropriations Act, 2008 (division E of Public Law 110-161;
121 Stat. 2073 and 2074) shall apply with respect to funds made
available in this Act in the same manner as such sections applied to
funds made available in that Act.
Sec. 511. (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. 512. 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. 513. 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. 514. None of the funds made available in this Act may be used
for planning, testing, piloting, or developing a national
identification card.
Sec. 515. Any official that is required by this Act to report or
to certify to the Committees on Appropriations of the House of
Representatives and the Senate may not delegate such authority to
perform that act unless specifically authorized herein.
Sec. 516. 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. 517. None of the funds made available in this Act may be used
to employ workers described in section 274A(h)(3) of the Immigration
and Nationality Act (8 U.S.C. 1324a(h)(3)).
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 House of Representatives and the
Senate 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 House of Representatives and the Senate in this
Act, upon the determination by the head of the agency that it shall
serve the national interest.
(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 House of Representatives and the Senate 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 2024.
Sec. 527. (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. 528. (a) For an additional amount for ``Federal Emergency
Management Agency--Federal Assistance'', $3,000,000, to remain
available until September 30, 2025, exclusively for providing
reimbursement of extraordinary law enforcement or other emergency
personnel costs for protection activities directly and demonstrably
associated with any residence of the President that is designated or
identified to be secured by the United States Secret Service.
(b) Subsections (b) through (f) of section 534 of the Department of
Homeland Security Appropriations Act, 2018 (Public Law 115-141), shall
be applied with respect to amounts made available by subsection (a) of
this section by substituting ``October 1, 2024'' for ``October 1,
2018'' and ``October 1, 2023'' for ``October 1, 2017''.
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 House of Representatives and the
Senate 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
House of Representatives and the Senate, the Committees on the
Judiciary of the House of Representatives and the Senate, the Committee
on Homeland Security of the House of Representatives, the Committee on
Homeland Security and Governmental Affairs of the Senate, 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 House
of Representatives and the Senate 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 House of
Representatives and the Senate.
(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. Within 60 days of any budget submission for the
Department of Homeland Security for fiscal year 2025 that assumes
revenues or proposes a reduction from the previous year based on user
fees proposals that have not been enacted into law prior to the
submission of the budget, the Secretary of Homeland Security shall
provide the Committees on Appropriations of the House of
Representatives and the Senate specific reductions in proposed
discretionary budget authority commensurate with the revenues assumed
in such proposals in the event that they are not enacted prior to
October 1, 2024.
Sec. 536. None of the funds made available by this Act may be
obligated or expended to implement the Arms Trade Treaty until the
Senate approves a resolution of ratification for the Treaty.
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. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release, or
assist in the transfer or release to or within the United States, its
territories, or possessions Khalid Sheikh Mohammed or any other
detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 539. (a) The Secretary of Homeland Security (in this section
referred to as the ``Secretary'') shall, on a bimonthly basis beginning
immediately after the date of enactment of this Act, develop estimates
of the number of migrants anticipated to arrive at the southwest border
of the United States.
(b) The Secretary shall ensure that, at a minimum, the estimates
developed pursuant to subsection (a)--
(1) cover the current fiscal year and the following fiscal
year;
(2) include a breakout by demographics, to include single
adults, family units, and unaccompanied children;
(3) undergo an independent validation and verification
review;
(4) are used to inform policy planning and budgeting
processes within the Department of Homeland Security; and
(5) are included in the budget materials submitted to
Congress in support of the President's annual budget request
pursuant to section 1105 of title 31, United States Code, for
each fiscal year beginning after the date of enactment of this
Act and, for such budget materials shall include--
(A) the most recent bimonthly estimates developed
pursuant to subsection (a);
(B) a description and quantification of the
estimates used to justify funding requests for
Department programs related to border security,
immigration enforcement, and immigration services;
(C) a description and quantification of the
anticipated workload and requirements resulting from
such estimates; and
(D) a confirmation as to whether the budget
requests for impacted agencies were developed using the
same estimates.
(c) The Secretary shall share the bimonthly estimates developed
pursuant to subsection (a) with the Secretary of Health and Human
Services, the Attorney General, the Secretary of State, and the
Committees on Appropriations of the House of Representatives and the
Senate.
Sec. 540. None of the funds appropriated or otherwise made
available by this Act may be made available to establish or support the
activities of:
(1) a Disinformation Governance Board at the Department of
Homeland Security, or any other entity carrying out similar
activities relating to mis-, dis-, or mal-information in a
similar manner or to a similar extent to such a Board; or
(2) any entity responsible, directly or indirectly, under
color of countering mis-, dis-, or mal-information or
otherwise, for instructing, influencing, directing, or
recommending that private companies censor, prohibit, or
obstruct lawful and constitutionally protected speech of United
States persons on social media platforms, including by--
(A) terminating speakers' accounts;
(B) temporarily suspending accounts;
(C) imposing warnings or strikes against accounts
to stop future speech;
(D) ``shadowbanning'' speakers;
(E) demonetizing content or speakers;
(F) adjusting algorithms to suppress or deemphasize
speakers or messages;
(G) deboosting speakers or content;
(H) promoting or demoting content;
(I) placing warning labels or explanatory notes on
content;
(J) suppressing content in other users' feeds;
(K) promoting negative comments on disfavored
content;
(L) requiring additional click-through(s) to access
content; or
(M) any other such methods.
Sec. 541. None of the funds appropriated or otherwise made
available by this Act may be made available to require an employee of
the Department of Homeland Security to receive a vaccination against
COVID-19.
Sec. 542. None of the funds appropriated or otherwise made
available by this Act may be made available to administer, implement,
or enforce the rules entitled ``Amended Order Implementing Presidential
Proclamation on Advancing the Safe Resumption of Global Travel During
the COVID-19 Pandemic'' (87 Fed. Reg. 20405 et seq.) or ``Notification
of Temporary Travel Restrictions Applicable to Land Ports of Entry and
Ferries Service Between the United States and Mexico'' (87 Fed. Reg.
24041) (or any successor rules).
Sec. 543. (a) None of the funds appropriated or otherwise made
available by this Act may be made available to:
(1) classify or facilitate the classification of any
communications by a United States person as mis-, dis-, or mal-
information; or
(2) partner with or fund nonprofit or other organizations
that in any way instruct, influence, direct, or recommend that
private companies in any way censor, prohibit, or obstruct
lawful and constitutionally protected speech of United States
persons on social media platforms, including by--
(A) terminating speakers' accounts;
(B) temporarily suspending accounts;
(C) imposing warnings or strikes against accounts
to stop future speech;
(D) ``shadowbanning'' speakers;
(E) demonetizing content or speakers;
(F) adjusting algorithms to suppress or deemphasize
speakers or messages;
(G) deboosting speakers or content;
(H) promoting or demoting content;
(I) placing warning labels or explanatory notes on
content;
(J) suppressing content in other users' feeds;
(K) promoting negative comments on disfavored
content;
(L) requiring additional click-through(s) to access
content; or
(M) any other such methods.
(b) Any officer or employee of the Federal Government whose salary
is funded by this Act and who conducts any activity described in
subsections (a)(1) or (a)(2) shall be removed from the Federal service.
Sec. 544. None of the funds appropriated or otherwise made
available by this Act may be made available to implement, administer,
or enforce the rule related to ``Circumvention of Lawful Pathways'' (88
Fed. Reg. 11704).
Sec. 545. None of the funds appropriated or otherwise made
available by this Act may be made available to implement, administer,
apply, enforce, or carry out the Equity Action Plan of the Department
of Homeland Security, or Executive Order 13985 of January 20, 2021 (86
Fed. Reg. 7009, relating to advancing racial equity and support for
under-served communities through the federal government), Executive
Order 14035 of June 25, 2021 (86 Fed. Reg. 34593, relating to
diversity, equity, inclusion, and accessibility in the federal
workforce), Executive Order 14091 of February 16, 2023 (88 Fed. Reg.
10825 relating to further advancing racial equity and support for
underserved communities through the federal government) or any program,
project, or activity that promotes or advances Critical Race Theory or
any concept associated with Critical Race Theory.
Sec. 546. None of the funds appropriated or otherwise made
available by this Act under the heading ``Office of the Secretary and
Executive Management--Operations and Support'' may be made available
for the purpose of paying counsel outside the Federal Government--
(1) before the date on which all funds provided in section
211(a)(1) of this Act are obligated; and
(2) to prepare for or defend against impeachment.
Sec. 547. (a) None of the funds appropriated or otherwise made
available by this Act may be made available to be used to purchase,
maintain, or continue to operate any Unmanned Aircraft Systems that are
manufactured in the People's Republic of China or a country identified
as a foreign adversary in the Annual Threat Assessment of the U.S.
Intelligence Community or by an entity domiciled in the People's
Republic of China or a country identified as a foreign adversary in the
most recent Annual Threat Assessment of the U.S. Intelligence
Community.
(b) Nothing in subsection (a) shall limit the use of funds for
counterintelligence, research and development, test and evaluation, or
counter Unmanned Aircraft System mitigation efforts, including the
activities of the Coast Guard authorized by section 8414 of Public Law
116-283 (14 U.S.C. 1156 note).
Sec. 548. (a) Section 538 of the Department of Homeland Security
Appropriations Act, 2022 (division F of Public Law 117-103) is
amended--
(1) in subsection (b), by striking ``may'' and inserting
``shall''; and
(2) by striking subsection (d) and inserting the following:
``(d) Amounts in the Fund may not be obligated
until after the date on which the Act making full-year
appropriations for the Department of Homeland Security
for the applicable fiscal year is enacted into law,
subject to subsection (e).
``(e) The Committees on Appropriations of the House
of Representatives and the Senate shall be notified at
least 15 days in advance of the planned use of
funds.''.
(b) The amendments made by this section shall apply to amounts
transferred under such section 538 on or after the date of enactment of
this Act.
Sec. 549. (a) None of the funds appropriated or otherwise made
available by this Act or any other Act shall be used to execute an
inspection of any detention facility that is in a contractual agreement
with U.S. Immigration and Customs Enforcement for the provision of
detention services within six months of a previous inspection of such
facility.
(b) Subsection (a) shall not apply with respect to inspections
executed by the Office of Inspector General.
Sec. 550. (a) None of the funds appropriated or otherwise made
available by this Act or any other Act shall be used to execute an
inspection of any detention facility that is in a contractual agreement
with U.S. Immigration and Customs Enforcement for the provision of
detention services, except solely for compliance with the terms,
conditions, and standards found within the National Detention Standards
2019 for U.S. Immigration and Customs Enforcement.
(b) Subsection (a) shall take effect for detention facilities
operating under existing contracts, as of the date of enactment of this
Act, not later than 180 days after the date of enactment of this Act.
Sec. 551. None of the funds appropriated or otherwise made
available by this Act shall be used to admit an alien, who is a
national of the Republic of Chile, under section 217 of the Immigration
and Nationality Act (8 U.S.C. 1187), until the Secretary of Homeland
Security verifies that the Republic of Chile provides access to
appropriate criminal databases and the Department of Homeland Security
screens Chilean nationals against such criminal databases.
Sec. 552. (a) In general.--Notwithstanding section 7 of title 1,
United States Code, section 1738C of title 28, United States Code, or
any other provision of law, none of the funds provided by this Act, or
previous appropriations Acts, shall be used in whole or in part to take
any discriminatory action against a person, wholly or partially, on the
basis that such person speaks, or acts, in accordance with a sincerely
held religious belief, or moral conviction, that marriage is, or should
be recognized as, a union of one man and one woman.
(b) Discriminatory action defined.--As used in subsection (a), a
discriminatory action means any action taken by the Federal Government
to--
(1) alter in any way the Federal tax treatment of, or cause
any tax, penalty, or payment to be assessed against, or deny,
delay, or revoke an exemption from taxation under section
501(a) of the Internal Revenue Code of 1986 of, any person
referred to in subsection (a);
(2) disallow a deduction for Federal tax purposes of any
charitable contribution made to or by such person;
(3) withhold, reduce the amount or funding for, exclude,
terminate, or otherwise make unavailable or deny, any Federal
grant, contract, subcontract, cooperative agreement, guarantee,
loan, scholarship, license, certification, accreditation,
employment, or other similar position or status from or to such
person;
(4) withhold, reduce, exclude, terminate, or otherwise make
unavailable or deny, any entitlement or benefit under a Federal
benefit program, including admission to, equal treatment in, or
eligibility for a degree from an educational program, from or
to such person; or
(5) withhold, reduce, exclude, terminate, or otherwise make
unavailable or deny access or an entitlement to Federal
property, facilities, educational institutions, speech fora
(including traditional, limited, and nonpublic fora), or
charitable fundraising campaigns from or to such person.
(c) Accreditation; Licensure; Certification.--The Federal
Government shall consider accredited, licensed, or certified for
purposes of Federal law any person that would be accredited, licensed,
or certified, respectively, for such purposes but for a determination
against such person wholly or partially on the basis that the person
speaks, or acts, in accordance with a sincerely held religious belief
or moral conviction described in subsection (a).
(rescissions of funds)
Sec. 553. 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) $800,000 from unobligated balances available in the
``Office of the Secretary and Executive Management--Operations
and Support'' account (70 23/24 0100).
(2) $4,100,000 from the unobligated balances available in
the ``Management Directorate--Office of the Chief Information
Officer and Operations'' account (70 X 0113).
(3) $1,473,000 from the unobligated balances available in
the ``U.S. Customs and Border Protection--Procurement,
Construction, and Improvements'' account (70 X 0532).
(4) $1,842,000 from the unobligated balances available in
the ``U.S. Customs and Border Protection--Border Security
Fencing, Infrastructure, and Technology'' account (70 X 0533).
(5) $452,000 from the unobligated balances available in the
``U.S. Customs and Border Protection--Air and Marine
Interdiction, Operations, Maintenance, and Procurement''
account (70 X 0544).
(6) $1,159,000,000 from the unobligated balances available
under the heading ``U.S. Customs and Border Protection--
Procurement, Construction, and Improvements'' of the amounts
provided by Public Law 116-93 for the construction of barrier
system along the southwest border.
(7) $945,000,000 from the unobligated balances available
under the heading ``U.S. Customs and Border Protection--
Procurement, Construction, and Improvements'' of the amounts
provided by Public Law 116-260 for the construction of barrier
system along the southwest border.
(8) $3,000,000 from the unobligated balances available in
the ``U.S. Immigration and Customs Enforcement--Operations and
Support'' account (70 23/24 0540).
(9) $2,092,841 from the unobligated balances available in
the ``U.S. Immigration and Customs Enforcement--Operations and
Support'' account (70 X 0540).
(10) $10,439 from the unobligated balances available in the
``U.S. Immigration and Customs Enforcement--Automation
Modernization'' account (70 X 0543).
(11) $154,515,000 from the unobligated balances available
under the heading ``Transportation Security Administration--
Operations and Support'' of the amounts provided by Public Law
117-328.
(12) $22,600,000 from the unobligated balances available in
the ``Coast Guard--Acquisition, Construction, and
Improvements'' account (70 X 0613).
(13) $3,500,000 from the unobligated balances available in
the ``Cybersecurity and Infrastructure Security Agency--
Procurement, Construction, and Improvements'' account (70 23/27
0412).
(14) $2,000,000 from the unobligated balances available in
the ``Cybersecurity and Infrastructure Security Agency--
Research and Development'' account (70 23/24 0805).
(15) $5,821,000 from the unobligated balances available in
the ``Federal Emergency Management Agency--National Predisaster
Mitigation Fund'' account (70 X 0716).
(16) $800,000 from the unobligated balances available in
the ``Federal Law Enforcement Training Centers--Procurement,
Construction, and Improvements'' account (70 20/24 0510).
(17) $900,000 from the unobligated balances available in
the ``Science and Technology Directorate--Operations and
Support'' account (70 X 0800).
(18) $388,522 from the unobligated balances available in
the ``Countering Weapons of Mass Destruction Office--Research
and Development'' account (70 22/24 0860).
(19) $11,478 from the unobligated balances available in the
``Countering Weapons of Mass Destruction Office--Research and
Development'' account (70 X 0860).
Sec. 554. Of the unobligated balances of amounts made available
under section 70001 of Public Law 117-169, $312,000,000 are hereby
rescinded.
Sec. 555. Of the unobligated balances of amounts made available in
the Department of Homeland Security Nonrecurring Expenses Fund (70 X
1914), $3,800,000 are hereby rescinded.
spending reduction account
Sec. 556. The amount by which the applicable allocation of new
budget authority made by the Committee on Appropriations of the House
of Representatives under section 302(b) of the Congressional Budget Act
of 1974 exceeds the amount of proposed new budget authority is $0.
This division may be cited as the ``Department of Homeland Security
Appropriations Act, 2024''.
Union Calendar No. 95
118th CONGRESS
1st Session
H. R. 4367
[Report No. 118-123]
_______________________________________________________________________
A BILL
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2024, and for other purposes.
_______________________________________________________________________
June 27, 2023
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
DEBATE - Pursuant to the provisions of H. Res. 723, the Committee of the Whole proceeded with 10 minutes of debate on the Malliotakis amendment No. 80.
Mr. Joyce (OH) moved that the committee rise.
On motion that the committee rise Agreed to by voice vote.
Committee of the Whole House on the state of the Union rises leaving H.R. 4367 as unfinished business.
Rule H. Res. 730 passed House.
Considered as unfinished business. (consideration: CR H4799-4802)
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 4367.
The previous question was ordered pursuant to the rule.
POSTPONED PROCEEDINGS - Pursuant to clause 1(c) of rule XIX, the Chair announced further proceedings on H.R. 4367 would be postponed
Pursuant to clause 1(c) of rule XIX, the House resumed consideration of H.R. 4367.
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Considered as unfinished business.
The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.
Ms. Escobar moved to recommit to the Committee on Appropriations.
The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
On motion to recommit Failed by the Yeas and Nays: 210 - 218 (Roll no. 504).
Roll Call #504 (House)Passed/agreed to in House: On passage Passed by the Yeas and Nays: 220 - 208 (Roll no. 505).
Roll Call #505 (House)On passage Passed by the Yeas and Nays: 220 - 208 (Roll no. 505).
Roll Call #505 (House)Motion to reconsider laid on the table Agreed to without objection.
The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 4367.