Text of US HB 4367 (2023)

IB 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 fol- lowing bill; which was committed to the Committee of the Whole House on the State of the Union and ordered to be printed VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 4367 RH A BILL Making appropriations for the Department of Homeland Se- curity for the fiscal year ending September 30, 2024, and for other purposes. VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 4367 RH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 That the following sums are appropriated, out of any 3 money in the Treasury not otherwise appropriated, for the 4 Department of Homeland Security for the fiscal year end- 5 ing September 30, 2024, and for other purposes, namely: 6 TITLE I 7 DEPARTMENTAL MANAGEMENT, INTEL- 8 LIGENCE, SITUATIONAL AWARENESS, AND 9 OVERSIGHT 10 OFFICE OF THE SECRETARY AND EXECUTIVE 11 MANAGEMENT 12 OPERATIONS AND SUPPORT 13 For necessary expenses of the Office of the Secretary 14 and for executive management for operations and support, 15 $279,606,000; of which $5,000,000 shall remain available 16 until September 30, 2025: Provided, That $5,000,000 17 shall be withheld from obligation until the Secretary sub- 18 mits, to the Committees on Appropriations of the House 19 of Representatives and the Senate, responses to all ques- 20 tions for the record for each hearing on the fiscal year 21 2025 budget submission for the Department of Homeland 22 Security held by such Committees prior to July 1: Pro- 23 vided further, That $25,000,000 shall be withheld from ob- 24 ligation until the Secretary submits the reports required 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 4367 RH by subsection (g) of section 1092 of the National Defense 1 Authorization Act for Fiscal Year 2017 (6 U.S.C. 223) 2 and subsection (b) of section 386 of the Illegal Immigra- 3 tion Reform and Immigrant Responsibility Act of 1996 4 (8 U.S.C. 1368). 5 MANAGEMENT DIRECTORATE 6 OPERATIONS AND SUPPORT 7 For necessary expenses of the Management Direc- 8 torate for operations and support, $1,695,326,000: Pro- 9 vided, That not to exceed $2,000 shall be for official recep- 10 tion and representation expenses. 11 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 12 For necessary expenses of the Management Direc- 13 torate for procurement, construction, and improvements, 14 $127,758,000, to remain available until September 30, 15 2026. 16 FEDERAL PROTECTIVE SERVICE 17 The revenues and collections of security fees credited 18 to this account shall be available until expended for nec- 19 essary expenses related to the protection of federally 20 owned and leased buildings and for the operations of the 21 Federal Protective Service. 22 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 4367 RH INTELLIGENCE, ANALYSIS, AND SITUATIONAL 1 AWARENESS 2 OPERATIONS AND SUPPORT 3 For necessary expenses of the Office of Intelligence 4 and Analysis and the Office of Homeland Security Situa- 5 tional Awareness for operations and support, 6 $348,736,000, of which $105,701,000 shall remain avail- 7 able until September 30, 2025: Provided, That not to ex- 8 ceed $3,825 shall be for official reception and representa- 9 tion expenses and not to exceed $2,000,000 is available 10 for facility needs associated with secure space at fusion 11 centers, including improvements to buildings. 12 OFFICE OF INSPECTOR GENERAL 13 OPERATIONS AND SUPPORT 14 For necessary expenses of the Office of Inspector 15 General for operations and support, $228,371,000: Pro- 16 vided, That not to exceed $300,000 may be used for cer- 17 tain confidential operational expenses, including the pay- 18 ment of informants, to be expended at the direction of the 19 Inspector General. 20 ADMINISTRATIVE PROVISIONS 21 SEC. 101. (a) The Secretary of Homeland Security 22 shall submit a report not later than October 15, 2024, 23 to the Inspector General of the Department of Homeland 24 Security listing all grants and contracts awarded by any 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 4367 RH means other than full and open competition during fiscal 1 years 2023 or 2024. 2 (b) The Inspector General shall review the report re- 3 quired by subsection (a) to assess departmental compli- 4 ance with applicable laws and regulations and report the 5 results of that review to the Committees on Appropriations 6 of the House of Representatives and the Senate not later 7 than February 15, 2025. 8 SEC. 102. Not later than 30 days after the last day 9 of each month, the Chief Financial Officer of the Depart- 10 ment of Homeland Security shall submit to the Commit- 11 tees on Appropriations of the House of Representatives 12 and the Senate a monthly budget and staffing report that 13 includes total obligations of the Department for that 14 month and for the fiscal year at the appropriation and 15 program, project, and activity levels, by the source year 16 of the appropriation. 17 SEC. 103. (a) The Secretary of Homeland Security, 18 in consultation with the Secretary of the Treasury, shall 19 notify the Committees on Appropriations of the House of 20 Representatives and the Senate of any proposed transfers 21 of funds available under section 9705(g)(4)(B) of title 31, 22 United States Code, from the Department of the Treasury 23 Forfeiture Fund to any agency within the Department of 24 Homeland Security. 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 4367 RH (b) None of the funds identified for such a transfer 1 may be obligated until the Committees on Appropriations 2 of the House of Representatives and the Senate are noti- 3 fied of the proposed transfer. 4 SEC. 104. All official costs associated with the use 5 of Government aircraft by Department of Homeland Secu- 6 rity personnel to support official travel of the Secretary 7 and the Deputy Secretary shall be paid from amounts 8 made available for the Office of the Secretary. 9 SEC. 105. (a) The Under Secretary for Management 10 shall brief the Committees on Appropriations of the House 11 of Representatives and the Senate not later than 45 days 12 after the end of each fiscal quarter on all Level 1 and 13 Level 2 acquisition programs on the Master Acquisition 14 Oversight list between Acquisition Decision Event and 15 Full Operational Capability, including programs that have 16 been removed from such list during the preceding quarter. 17 (b) For each such program, the briefing described in 18 subsection (a) shall include— 19 (1) a description of the purpose of the program, 20 including the capabilities being acquired and the 21 component(s) sponsoring the acquisition; 22 (2) the total number of units, as appropriate, to 23 be acquired annually until procurement is complete 24 under the current acquisition program baseline; 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 4367 RH (3) the Acquisition Review Board status, in- 1 cluding— 2 (A) the current acquisition phase by incre- 3 ment, as applicable; 4 (B) the date of the most recent review; and 5 (C) whether the program has been paused 6 or is in breach status; 7 (4) a comparison between the initial Depart- 8 ment-approved acquisition program baseline cost, 9 schedule, and performance thresholds and objectives 10 and the program’s current such thresholds and ob- 11 jectives, if applicable; 12 (5) the lifecycle cost estimate, adjusted for com- 13 parison to the Future Years Homeland Security 14 Program, including— 15 (A) the confidence level for the estimate; 16 (B) the fiscal years included in the esti- 17 mate; 18 (C) a breakout of the estimate for the 19 prior five years, the current year, and the budg- 20 et year; 21 (D) a breakout of the estimate by appro- 22 priation account or other funding source; and 23 (E) a description of and rationale for any 24 changes to the estimate as compared to the pre- 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 4367 RH viously approved baseline, as applicable, and 1 during the prior fiscal year; 2 (6) a summary of the findings of any inde- 3 pendent verification and validation of the items to be 4 acquired or an explanation for why no such 5 verification and validation has been performed; 6 (7) a table displaying the obligation of all pro- 7 gram funds by prior fiscal year, the estimated obli- 8 gation of funds for the current fiscal year, and an 9 estimate for the planned carryover of funds into the 10 subsequent fiscal year; 11 (8) a listing of prime contractors and major 12 subcontractors; and 13 (9) narrative descriptions of risks to cost, 14 schedule, or performance that could result in a pro- 15 gram breach if not successfully mitigated. 16 (c) The Under Secretary for Management shall sub- 17 mit each approved Acquisition Decision Memorandum for 18 programs described in this section to the Committees on 19 Appropriations of the House of Representatives and the 20 Senate not later than five business days after the date of 21 approval of such memorandum by the Under Secretary for 22 Management or the designee of the Under Secretary. 23 SEC. 106. (a) None of the funds made available to 24 the Department of Homeland Security in this Act or prior 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 4367 RH appropriations Acts may be obligated for any new pilot 1 or demonstration unless the component or office carrying 2 out such pilot or demonstration has documented the infor- 3 mation described in subsection (c). 4 (b) Prior to the obligation of any such funds made 5 available for ‘‘Operations and Support’’ for a new pilot 6 or demonstration, the Under Secretary for Management 7 shall provide a report to the Committees on Appropria- 8 tions of the House of Representatives and the Senate on 9 the information described in subsection (c). 10 (c) The information required under subsections (a) 11 and (b) for a pilot or demonstration shall include the fol- 12 lowing— 13 (1) documented objectives that are well-defined 14 and measurable; 15 (2) an assessment methodology that details— 16 (A) the type and source of assessment 17 data; 18 (B) the methods for, and frequency of, col- 19 lecting such data; and 20 (C) how such data will be analyzed; and 21 (3) an implementation plan, including mile- 22 stones, cost estimates, and implementation sched- 23 ules, including a projected end date. 24 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 4367 RH (d) Not later than 90 days after the date of comple- 1 tion of a pilot or demonstration described in subsection 2 (e) the Under Secretary for Management shall provide a 3 report to the Committees on Appropriations of the House 4 of Representatives and the Senate detailing lessons 5 learned, actual costs, any planned expansion or continu- 6 ation of the pilot or demonstration, and any planned tran- 7 sition of such pilot or demonstration into an enduring pro- 8 gram or operation. 9 (e) For the purposes of this section, a pilot or dem- 10 onstration program is a study, demonstration, experi- 11 mental program, or trial that— 12 (1) is a small-scale, short-term experiment con- 13 ducted in order to evaluate feasibility, duration, 14 costs, or adverse events, and improve upon the de- 15 sign of an effort prior to implementation of a larger 16 scale effort; and 17 (2) uses more than 10 full-time equivalents or 18 obligates, or proposes to obligate, $5,000,000 or 19 more, but does not include congressionally directed 20 programs or enhancements and does not include pro- 21 grams that were in operation as of December 29, 22 2022. 23 (f) For the purposes of this section, a pilot or dem- 24 onstration does not include any testing, evaluation, or ini- 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 4367 RH tial deployment phase executed under a procurement con- 1 tract for the acquisition of information technology services 2 or systems, or any pilot or demonstration carried out by 3 a non-federal recipient under any financial assistance 4 agreement funded by the Department. 5 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 13 •HR 4367 RH TITLE II 1 SECURITY, ENFORCEMENT, AND 2 INVESTIGATIONS 3 U.S. CUSTOMS AND BORDER PROTECTION 4 OPERATIONS AND SUPPORT 5 For necessary expenses of U.S. Customs and Border 6 Protection for operations and support, including the trans- 7 portation of unaccompanied alien minors; the provision of 8 air and marine support to Federal, State, local, and inter- 9 national agencies in the enforcement or administration of 10 laws enforced by the Department of Homeland Security; 11 at the discretion of the Secretary of Homeland Security, 12 the provision of such support to Federal, State, and local 13 agencies in other law enforcement and emergency humani- 14 tarian efforts; the purchase and lease of up to 7,500 15 (6,500 for replacement only) police-type vehicles; the pur- 16 chase, maintenance, or operation of marine vessels, air- 17 craft, and unmanned aerial systems; and contracting with 18 individuals for personal services abroad; $16,241,678,000; 19 of which $3,274,000 shall be derived from the Harbor 20 Maintenance Trust Fund for administrative expenses re- 21 lated to the collection of the Harbor Maintenance Fee pur- 22 suant to section 9505(c)(3) of the Internal Revenue Code 23 of 1986 (26 U.S.C. 9505(c)(3)) and notwithstanding sec- 24 tion 1511(e)(1) of the Homeland Security Act of 2002 (6 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 14 •HR 4367 RH U.S.C. 551(e)(1)); of which $700,000,000 shall be avail- 1 able until September 30, 2025; and of which such sums 2 as become available in the Customs User Fee Account, ex- 3 cept sums subject to section 13031(f)(3) of the Consoli- 4 dated Omnibus Budget Reconciliation Act of 1985 (19 5 U.S.C. 58c(f)(3)), shall be derived from that account: Pro- 6 vided, That not to exceed $34,425 shall be for official re- 7 ception and representation expenses: Provided further, 8 That not to exceed $150,000 shall be available for pay- 9 ment for rental space in connection with preclearance op- 10 erations: Provided further, That not to exceed $2,000,000 11 shall be for awards of compensation to informants, to be 12 accounted for solely under the certificate of the Secretary 13 of Homeland Security. 14 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 15 For necessary expenses of U.S. Customs and Border 16 Protection for procurement, construction, and improve- 17 ments, including procurement of physical barriers, marine 18 vessels, aircraft, and unmanned aerial systems, 19 $2,965,653,000, of which $741,885,000 shall remain 20 available until September 30, 2026; and of which 21 $2,223,768,000 shall remain available until September 30, 22 2028. 23 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 15 •HR 4367 RH U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT 1 OPERATIONS AND SUPPORT 2 For necessary expenses of U.S. Immigration and 3 Customs Enforcement for operations and support, includ- 4 ing the purchase and lease of up to 3,790 (2,350 for re- 5 placement only) police-type vehicles; overseas vetted units, 6 including stipends for members of such units; and mainte- 7 nance, minor construction, and minor leasehold improve- 8 ments at owned and leased facilities; $9,758,297,000; of 9 which not less than $6,000,000 shall remain available 10 until expended for efforts to enforce laws against forced 11 child labor; of which $46,696,000 shall remain available 12 until September 30, 2025; of which not less than 13 $2,000,000 is for paid apprenticeships for participants in 14 the Human Exploitation Rescue Operative Child-Rescue 15 Corps; of which not less than $15,000,000 shall be avail- 16 able for investigation of intellectual property rights viola- 17 tions, including operation of the National Intellectual 18 Property Rights Coordination Center; and of which not 19 less than $5,310,547,000 shall be for enforcement, deten- 20 tion, and removal operations, including transportation of 21 unaccompanied alien minors: Provided, That not to exceed 22 $11,475 shall be for official reception and representation 23 expenses: Provided further, That not to exceed 24 $10,000,000 shall be available until expended for con- 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 16 •HR 4367 RH ducting special operations under section 3131 of the Cus- 1 toms Enforcement Act of 1986 (19 U.S.C. 2081): Pro- 2 vided further, That not to exceed $2,000,000 shall be for 3 awards of compensation to informants, to be accounted 4 for solely under the certificate of the Secretary of Home- 5 land Security: Provided further, That not to exceed 6 $11,216,000 shall be available to fund or reimburse other 7 Federal agencies for the costs associated with the care, 8 maintenance, and repatriation of smuggled aliens unlaw- 9 fully present in the United States: Provided further, That 10 not less than $2,000,000 shall be for entering into new 11 agreements for the delegation of law enforcement author- 12 ity authorized under section 287(g) of the Immigration 13 and Nationality Act: Provided further, That funding made 14 available under this heading shall maintain a level of not 15 less than 41,500 detention beds through September 30, 16 2024. 17 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 18 For necessary expenses of U.S. Immigration and 19 Customs Enforcement for procurement, construction, and 20 improvements, $50,520,000, of which $35,420,000 shall 21 remain available until September 30, 2026, and of which 22 $15,100,000 shall remain available until September 30, 23 2028. 24 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 17 •HR 4367 RH TRANSPORTATION SECURITY ADMINISTRATION 1 OPERATIONS AND SUPPORT 2 For necessary expenses of the Transportation Secu- 3 rity Administration for operations and support, 4 $10,118,131,000, of which $600,000,000 shall remain 5 available until September 30, 2025: Provided, That not 6 to exceed $7,650 shall be for official reception and rep- 7 resentation expenses: Provided further, That security serv- 8 ice fees authorized under section 44940 of title 49, United 9 States Code, shall be credited to this appropriation as off- 10 setting collections and shall be available only for aviation 11 security: Provided further, That the sum appropriated 12 under this heading from the general fund shall be reduced 13 on a dollar-for-dollar basis as such offsetting collections 14 are received during fiscal year 2024 so as to result in a 15 final fiscal year appropriation from the general fund esti- 16 mated at not more than $7,498,131,000. 17 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 18 For necessary expenses of the Transportation Secu- 19 rity Administration for procurement, construction, and 20 improvements, $130,340,000, to remain available until 21 September 30, 2026. 22 RESEARCH AND DEVELOPMENT 23 For necessary expenses of the Transportation Secu- 24 rity Administration for research and development, 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 18 •HR 4367 RH $33,532,000, to remain available until September 30, 1 2025. 2 COAST GUARD 3 OPERATIONS AND SUPPORT 4 For necessary expenses of the Coast Guard for oper- 5 ations and support including the Coast Guard Reserve; 6 purchase or lease of not to exceed 25 passenger motor ve- 7 hicles, which shall be for replacement only; purchase or 8 lease of small boats for contingent and emergent require- 9 ments (at a unit cost of not more than $700,000) and 10 repairs and service-life replacements, not to exceed a total 11 of $31,000,000; purchase, lease, or improvements of boats 12 necessary for overseas deployments and activities; pay- 13 ments pursuant to section 156 of Public Law 97–377 (42 14 U.S.C. 402 note; 96 Stat. 1920); and recreation and wel- 15 fare; $10,222,488,000, of which $530,000,000 shall be for 16 defense-related activities; of which $24,500,000 shall be 17 derived from the Oil Spill Liability Trust Fund to carry 18 out the purposes of section 1012(a)(5) of the Oil Pollution 19 Act of 1990 (33 U.S.C. 2712(a)(5)); of which 20 $20,000,000 shall remain available until September 30, 21 2026; of which $24,717,000 shall remain available until 22 September 30, 2028, for environmental compliance and 23 restoration; and of which $100,000,000 shall remain avail- 24 able until September 30, 2025, which shall only be avail- 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 19 •HR 4367 RH able for vessel depot level maintenance: Provided, That not 1 to exceed $23,000 shall be for official reception and rep- 2 resentation expenses. 3 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 4 For necessary expenses of the Coast Guard for pro- 5 curement, construction, and improvements, including aids 6 to navigation, shore facilities (including facilities at De- 7 partment of Defense installations used by the Coast 8 Guard), and vessels and aircraft, including equipment re- 9 lated thereto, $1,981,194,000, to remain available until 10 September 30, 2028; of which $20,000,000 shall be de- 11 rived from the Oil Spill Liability Trust Fund to carry out 12 the purposes of section 1012(a)(5) of the Oil Pollution Act 13 of 1990 (33 U.S.C. 2712(a)(5)). 14 RESEARCH AND DEVELOPMENT 15 For necessary expenses of the Coast Guard for re- 16 search and development; and for maintenance, rehabilita- 17 tion, lease, and operation of facilities and equipment; 18 $7,476,000, to remain available until September 30, 2026, 19 of which $500,000 shall be derived from the Oil Spill Li- 20 ability Trust Fund to carry out the purposes of section 21 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 22 2712(a)(5)): Provided, That there may be credited to and 23 used for the purposes of this appropriation funds received 24 from State and local governments, other public authori- 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 20 •HR 4367 RH ties, private sources, and foreign countries for expenses 1 incurred for research, development, testing, and evalua- 2 tion. 3 RETIRED PAY 4 For retired pay, including the payment of obligations 5 otherwise chargeable to lapsed appropriations for this pur- 6 pose, payments under the Retired Serviceman’s Family 7 Protection and Survivor Benefits Plans, payment for ca- 8 reer status bonuses, payment of continuation pay under 9 section 356 of title 37, United States Code, concurrent 10 receipts, combat-related special compensation, and pay- 11 ments for medical care of retired personnel and their de- 12 pendents under chapter 55 of title 10, United States Code, 13 $1,147,244,000, to remain available until expended. 14 UNITED STATES SECRET SERVICE 15 OPERATIONS AND SUPPORT 16 For necessary expenses of the United States Secret 17 Service for operations and support, including purchase of 18 not to exceed 652 vehicles for police-type use; hire of pas- 19 senger motor vehicles; purchase of motorcycles made in 20 the United States; hire of aircraft; rental of buildings in 21 the District of Columbia; fencing, lighting, guard booths, 22 and other facilities on private or other property not in 23 Government ownership or control, as may be necessary to 24 perform protective functions; conduct of and participation 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 21 •HR 4367 RH in firearms matches; presentation of awards; conduct of 1 behavioral research in support of protective intelligence 2 and operations; payment in advance for commercial ac- 3 commodations as may be necessary to perform protective 4 functions; and payment, without regard to section 5702 5 of title 5, United States Code, of subsistence expenses of 6 employees who are on protective missions, whether at or 7 away from their duty stations; $2,949,463,000; of which 8 $114,599,000 shall remain available until September 30, 9 2025, and of which $6,000,000 shall be for a grant for 10 activities related to investigations of missing and exploited 11 children; and of which up to $30,000,000 may be for cal- 12 endar year 2023 premium pay in excess of the annual 13 equivalent of the limitation on the rate of pay contained 14 in section 5547(a) of title 5, United States Code, pursuant 15 to section 2 of the Overtime Pay for Protective Services 16 Act of 2016 (5 U.S.C. 5547 note), as last amended by 17 Public Law 116–269: Provided, That not to exceed 18 $19,125 shall be for official reception and representation 19 expenses: Provided further, That not to exceed $100,000 20 shall be to provide technical assistance and equipment to 21 foreign law enforcement organizations in criminal inves- 22 tigations within the jurisdiction of the United States Se- 23 cret Service. 24 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 22 •HR 4367 RH PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 1 For necessary expenses of the United States Secret 2 Service for procurement, construction, and improvements, 3 $61,098,000, to remain available until September 30, 4 2026. 5 RESEARCH AND DEVELOPMENT 6 For necessary expenses of the United States Secret 7 Service for research and development, $4,217,000, to re- 8 main available until September 30, 2025. 9 ADMINISTRATIVE PROVISIONS 10 SEC. 201. Section 201 of the Department of Home- 11 land Security Appropriations Act, 2018 (division F of 12 Public Law 115–141), related to overtime compensation 13 limitations, shall apply with respect to funds made avail- 14 able in this Act in the same manner as such section ap- 15 plied to funds made available in that Act, except that ‘‘fis- 16 cal year 2024’’ shall be substituted for ‘‘fiscal year 2018’’. 17 SEC. 202. Funding made available under the head- 18 ings ‘‘U.S. Customs and Border Protection—Operations 19 and Support’’ and ‘‘U.S. Customs and Border Protec- 20 tion—Procurement, Construction, and Improvements’’ 21 shall be available for customs expenses when necessary to 22 maintain operations and prevent adverse personnel actions 23 in Puerto Rico and the U.S. Virgin Islands, in addition 24 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 23 •HR 4367 RH to funding provided by sections 740 and 1406i of title 48, 1 United States Code. 2 SEC. 203. As authorized by section 601(b) of the 3 United States-Colombia Trade Promotion Agreement Im- 4 plementation Act (Public Law 112–42), fees collected 5 from passengers arriving from Canada, Mexico, or an ad- 6 jacent island pursuant to section 13031(a)(5) of the Con- 7 solidated Omnibus Budget Reconciliation Act of 1985 (19 8 U.S.C. 58c(a)(5)) shall be available until expended. 9 SEC. 204. (a) For an additional amount for ‘‘U.S. 10 Customs and Border Protection—Operations and Sup- 11 port’’, $31,000,000, to remain available until expended, 12 to be reduced by amounts collected and credited to this 13 appropriation in fiscal year 2024 from amounts authorized 14 to be collected by section 286(i) of the Immigration and 15 Nationality Act (8 U.S.C. 1356(i)), section 10412 of the 16 Farm Security and Rural Investment Act of 2002 (7 17 U.S.C. 8311), and section 817 of the Trade Facilitation 18 and Trade Enforcement Act of 2015 (Public Law 114– 19 125), or other such authorizing language. 20 (b) To the extent that amounts realized from such 21 collections exceed $31,000,000, those amounts in excess 22 of $31,000,000 shall be credited to this appropriation, to 23 remain available until expended. 24 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 24 •HR 4367 RH SEC. 205. None of the funds made available in this 1 Act for U.S. Customs and Border Protection may be used 2 to prevent an individual not in the business of importing 3 a prescription drug (within the meaning of section 801(g) 4 of the Federal Food, Drug, and Cosmetic Act) from im- 5 porting a prescription drug from Canada that complies 6 with the Federal Food, Drug, and Cosmetic Act: Provided, 7 That this section shall apply only to individuals trans- 8 porting on their person a personal-use quantity of the pre- 9 scription drug, not to exceed a 90-day supply: Provided 10 further, That the prescription drug may not be— 11 (1) a controlled substance, as defined in section 12 102 of the Controlled Substances Act (21 U.S.C. 13 802); or 14 (2) a biological product, as defined in section 15 351 of the Public Health Service Act (42 U.S.C. 16 262). 17 SEC. 206. (a) Notwithstanding any other provision 18 of law, none of the funds provided in this or any other 19 Act shall be used to approve a waiver of the navigation 20 and vessel-inspection laws pursuant to section 501(b) of 21 title 46, United States Code, for the transportation of 22 crude oil distributed from and to the Strategic Petroleum 23 Reserve until the Secretary of Homeland Security, after 24 consultation with the Secretaries of the Departments of 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 25 •HR 4367 RH Energy and Transportation and representatives from the 1 United States flag maritime industry, takes adequate 2 measures to ensure the use of United States flag vessels. 3 (b) The Secretary shall notify the Committees on Ap- 4 propriations of the House of Representatives and the Sen- 5 ate, the Committee on Transportation and Infrastructure 6 of the House of Representatives, and the Committee on 7 Commerce, Science, and Transportation of the Senate 8 within 2 business days of any request for waivers of navi- 9 gation and vessel-inspection laws pursuant to section 10 501(b) of title 46, United States Code, with respect to 11 such transportation, and the disposition of such requests. 12 SEC. 207. (a) Beginning on the date of enactment 13 of this Act, the Secretary of Homeland Security shall 14 not— 15 (1) establish, collect, or otherwise impose any 16 new border crossing fee on individuals crossing the 17 Southern border or the Northern border at a land 18 port of entry; or 19 (2) conduct any study relating to the imposition 20 of a border crossing fee. 21 (b) In this section, the term ‘‘border crossing fee’’ 22 means a fee that every pedestrian, cyclist, and driver and 23 passenger of a private motor vehicle is required to pay 24 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 26 •HR 4367 RH for the privilege of crossing the Southern border or the 1 Northern border at a land port of entry. 2 SEC. 208. (a) Not later than 90 days after the date 3 of enactment of this Act, the Commissioner of U.S. Cus- 4 toms and Border Protection shall submit an expenditure 5 plan for any amounts made available for ‘‘U.S. Customs 6 and Border Protection—Procurement, Construction, and 7 Improvements’’ in this Act and prior Acts to the Commit- 8 tees on Appropriations of the House of Representatives 9 and the Senate. 10 (b) No such amounts provided in this Act may be 11 obligated prior to the submission of such plan. 12 SEC. 209. Section 211 of the Department of Home- 13 land Security Appropriations Act, 2021 (division F of 14 Public Law 116–260), prohibiting the use of funds for the 15 construction of fencing in certain areas, shall apply with 16 respect to funds made available in this Act in the same 17 manner as such section applied to funds made available 18 in that Act. 19 SEC. 210. (a) Funds made available in this Act may 20 be used to alter operations within the National Targeting 21 Center of U.S. Customs and Border Protection. 22 (b) None of the funds provided by this Act, provided 23 by previous appropriations Acts that remain available for 24 obligation or expenditure in fiscal year 2024, or provided 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 27 •HR 4367 RH from any accounts in the Treasury of the United States 1 derived by the collection of fees available to the compo- 2 nents funded by this Act, may be used to reduce antici- 3 pated or planned vetting operations at existing locations 4 unless specifically authorized by a statute enacted after 5 the date of enactment of this Act. 6 SEC. 211. (a) Of the total amount made available 7 under ‘‘U.S. Customs and Border Protection—Procure- 8 ment, Construction, and Improvements’’, $2,965,653,000 9 shall be available only as follows: 10 (1) $2,104,000,000 for the acquisition and de- 11 ployment of physical barriers; 12 (2) $276,000,000 for the acquisition and de- 13 ployment of border security technologies; 14 (3) $305,400,000 for trade and travel assets 15 and infrastructure; 16 (4) $119,768,000 for facility construction and 17 improvements; 18 (5) $123,232,000 for integrated operations as- 19 sets and infrastructure; and 20 (6) $37,253,000 for mission support and infra- 21 structure. 22 (b) None of the funds allocated for pedestrian phys- 23 ical barriers may be made available for any purpose other 24 than the construction of steel bollard pedestrian barrier 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 28 •HR 4367 RH built at least 18 to 30 feet in effective height and aug- 1 mented with anti-climb and anti-dig features. 2 (c) None of the funds allocated for pedestrian phys- 3 ical barriers may be made available for any purpose other 4 than construction of pedestrian barriers consistent with 5 the description in subsection (b) at locations identified in 6 the Border Security Improvement Plan submitted to Con- 7 gress on August 1, 2020. 8 (d) The Commissioner of U.S. Customs and Border 9 Protection may reprioritize the construction of physical 10 barriers outlined in the Border Security Improvement 11 Plan and, with prior approval of the Committees on Ap- 12 propriations of the House of Representatives and the Sen- 13 ate, add additional miles of pedestrian physical barriers 14 where no such barriers exist, prioritized by operational re- 15 quirements developed in coordination with U.S. Border 16 Patrol leadership. 17 (e) The Secretary of Homeland Security shall begin 18 to obligate amounts for physical barrier construction no 19 later than 120 days after the date of enactment of this 20 Act. 21 (f) For purposes of this section, the term ‘‘effective 22 height’’ refers to the height above the level of the adjacent 23 terrain features. 24 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 29 •HR 4367 RH SEC. 212. None of the funds appropriated or other- 1 wise made available by this Act may be obligated, ex- 2 pended, or transferred to another Federal agency, board, 3 or commission to be used to dismantle, demolish, remove, 4 or damage existing United States-Mexico physical barriers 5 at any location where such barriers have been constructed 6 as of the date of enactment of this Act unless such barrier 7 is simultaneously being repaired or replaced. 8 SEC. 213. None of the funds appropriated or other- 9 wise made available by this Act may be made available 10 to utilize the U.S. Customs and Border Protection CBP 11 One Application, or any successor application, to facilitate 12 the parole of any alien into the United States. 13 SEC. 214. None of the funds appropriated or other- 14 wise made available by this Act may be made available 15 to reduce participation in or substantively diminish the 16 delegation of law enforcement authority authorized under 17 section 287(g) of the Immigration and Nationality Act, 18 except as provided in section 215 of this Act. 19 SEC. 215. None of the funds provided under the 20 heading ‘‘U.S. Immigration and Customs Enforcement— 21 Operations and Support’’ may be used to continue a dele- 22 gation of law enforcement authority authorized under sec- 23 tion 287(g) of the Immigration and Nationality Act (8 24 U.S.C. 1357(g)) if the Department of Homeland Security 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 30 •HR 4367 RH Inspector General determines that the terms of the agree- 1 ment governing the delegation of authority have been ma- 2 terially violated. 3 SEC. 216. (a) None of the funds provided under the 4 heading ‘‘U.S. Immigration and Customs Enforcement— 5 Operations and Support’’ may be used to continue any 6 contract for the provision of detention services if the two 7 most recent overall performance evaluations received by 8 the contracted facility are less than ‘‘adequate’’ or the 9 equivalent median score in any subsequent performance 10 evaluation system. 11 (b) The performance evaluations referenced in sub- 12 section (a) shall be conducted by the U.S. Immigration 13 and Customs Enforcement Office of Professional Respon- 14 sibility. 15 SEC. 217. Without regard to the limitation as to time 16 and condition of section 503(d) of this Act, the Secretary 17 may reprogram within and transfer funds to ‘‘U.S. Immi- 18 gration and Customs Enforcement—Operations and Sup- 19 port’’ as necessary to ensure the detention of aliens 20 prioritized for removal. 21 SEC. 218. The reports required to be submitted under 22 section 216 of the Department of Homeland Security Ap- 23 propriations Act, 2021 (division F of Public Law 116– 24 260) shall continue to be submitted semimonthly and each 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 31 •HR 4367 RH matter required to be included in such reports by such 1 section 216 shall apply in the same manner and to the 2 same extent during the period described in such section 3 216. 4 SEC. 219. The terms and conditions of section 217 5 of the Department of Homeland Security Appropriations 6 Act, 2020 (division D of Public Law 116–93) shall apply 7 to this Act. 8 SEC. 220. None of the funds appropriated or other- 9 wise made available by this Act may be made available 10 to implement, administer, or otherwise carry out the ac- 11 tivities and policies described in the memorandum issued 12 by the Secretary of Homeland Security on September 30, 13 2021, entitled ‘‘Guidelines for the Enforcement of Civil 14 Immigration Law’’ or described in the memorandum 15 issued by Kerry Doyle, Immigration and Customs En- 16 forcement Principal Legal Advisor on April 3, 2022, enti- 17 tled ‘‘Guidance to OPLA Attorneys Regarding the En- 18 forcement of Civil Immigration Laws and the Exercise of 19 Prosecutorial Discretion’’ or any successor or similar 20 memorandum or policy. 21 SEC. 221. (a) None of the funds appropriated or oth- 22 erwise made available by this Act may be made available 23 to transport aliens unlawfully present in, paroled into, or 24 inadmissible to the United States into the interior of the 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 32 •HR 4367 RH United States for purposes other than enforcement of the 1 immigration laws (as such term is defined in section 101 2 of the Immigration and Nationality Act (8 U.S.C. 1101)). 3 (b) The limitation under subsection (a) shall not 4 apply with respect to amounts made available to transport 5 unaccompanied alien children (as such term is defined in 6 section 462 of the Homeland Security Act of 2002 (6 7 U.S.C. 279)). 8 SEC. 222. (a) None of the funds appropriated or oth- 9 erwise made available by this Act for ‘‘U.S. Immigration 10 and Customs Enforcement’’ may be used to pay for or 11 facilitate an abortion, except where the life of the mother 12 would be endangered if the fetus would be carried to term, 13 or in the case of rape or incest. 14 (b) None of the funds appropriated or otherwise 15 made available by this Act for ‘‘U.S. Immigration and 16 Customs Enforcement’’ may be used to require any person 17 to perform, or facilitate in any way the performance of, 18 any abortion. 19 SEC. 223. None of the funds appropriated or other- 20 wise made available by this Act may be made available 21 to administer hormone therapy medication or perform or 22 facilitate any surgery for any person in custody of U.S. 23 Immigration and Customs Enforcement for the purpose 24 of gender-affirming care. 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 33 •HR 4367 RH SEC. 224. The Secretary of Homeland Security shall 1 allocate amounts appropriated or otherwise made available 2 under the heading ‘‘U.S. Immigration and Customs En- 3 forcement—Operations and Support’’ by this Act in order 4 to— 5 (1) prioritize detention by using such amounts 6 to ensure that the average daily population of de- 7 tainees is maintained at the full capacity funded by 8 this Act throughout the fiscal year; and 9 (2) ensure that every alien on the non-detained 10 docket is enrolled into the Alternatives to Detention 11 Program with mandatory GPS monitoring through- 12 out the duration of all applicable immigration pro- 13 ceedings (including any appeals) and until removal, 14 if ordered removed. 15 SEC. 225. Members of the United States House of 16 Representatives and the United States Senate, including 17 the leadership; the heads of Federal agencies and commis- 18 sions, including the Secretary, Deputy Secretary, Under 19 Secretaries, and Assistant Secretaries of the Department 20 of Homeland Security; the United States Attorney Gen- 21 eral, Deputy Attorney General, Assistant Attorneys Gen- 22 eral, and the United States Attorneys; and senior mem- 23 bers of the Executive Office of the President, including 24 the Director of the Office of Management and Budget, 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 34 •HR 4367 RH shall not be exempt from Federal passenger and baggage 1 screening. 2 SEC. 226. Notwithstanding section 44923 of title 49, 3 United States Code, for fiscal year 2024, any funds in 4 the Aviation Security Capital Fund established by section 5 44923(h) of title 49, United States Code, may be used 6 for the procurement and installation of explosives detec- 7 tion systems or for the issuance of other transaction agree- 8 ments for the purpose of funding projects described in sec- 9 tion 44923(a) of such title. 10 SEC. 227. Not later than 45 days after the submis- 11 sion of the President’s budget proposal, the Administrator 12 of the Transportation Security Administration shall sub- 13 mit to the Committees on Appropriations and Homeland 14 Security in the House of Representatives and the Commit- 15 tees on Appropriations and Commerce, Science, and 16 Transportation of the Senate a single report that fulfills 17 the following requirements: 18 (1) a Capital Investment Plan, both constrained 19 and unconstrained, that includes a plan for contin- 20 uous and sustained capital investment in new, and 21 the replacement of aged, transportation security 22 equipment; 23 (2) the 5-year technology investment plan as re- 24 quired by section 1611 of title XVI of the Homeland 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 35 •HR 4367 RH Security Act of 2002, as amended by section 3 of 1 the Transportation Security Acquisition Reform Act 2 (Public Law 113–245); and 3 (3) the Advanced Integrated Passenger Screen- 4 ing Technologies report as required by the Senate 5 Report accompanying the Department of Homeland 6 Security Appropriations Act, 2019 (Senate Report 7 115–283). 8 SEC. 228. None of the funds made available under 9 the heading ‘‘Transportation Security Administration— 10 Operations and Support’’ may be made available for the 11 purpose of implementation of any structural pay reform 12 that would alter the pay structure in place as of October 13 1, 2022, for any employee that is not a Transportation 14 Security Officer. 15 SEC. 229. (a) None of the funds made available by 16 this Act under the heading ‘‘Coast Guard—Operations 17 and Support’’ shall be for expenses incurred for rec- 18 reational vessels under section 12114 of title 46, United 19 States Code, except to the extent fees are collected from 20 owners of yachts and credited to the appropriation made 21 available by this Act under the heading ‘‘Coast Guard— 22 Operations and Support’’. 23 (b) To the extent such fees are insufficient to pay 24 expenses of recreational vessel documentation under such 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 36 •HR 4367 RH section 12114, and there is a backlog of recreational vessel 1 applications, personnel performing non-recreational vessel 2 documentation functions under subchapter II of chapter 3 121 of title 46, United States Code, may perform docu- 4 mentation under section 12114. 5 SEC. 230. Without regard to the limitation as to time 6 and condition of section 503(d) of this Act, after June 7 30, in accordance with the notification requirement de- 8 scribed in subsection (b) of such section, up to the fol- 9 lowing amounts may be reprogrammed within ‘‘Coast 10 Guard—Operations and Support’’— 11 (1) $10,000,000 to or from the ‘‘Military Per- 12 sonnel’’ funding category; and 13 (2) $10,000,000 between the ‘‘Field Oper- 14 ations’’ funding subcategories. 15 SEC. 231. Notwithstanding any other provision of 16 law, the Commandant of the Coast Guard shall submit 17 to the Committees on Appropriations of the House of Rep- 18 resentatives and the Senate a future-years capital invest- 19 ment plan as described in the second proviso under the 20 heading ‘‘Coast Guard—Acquisition, Construction, and 21 Improvements’’ in the Department of Homeland Security 22 Appropriations Act, 2015 (Public Law 114–4), which shall 23 be subject to the requirements in the third and fourth pro- 24 visos under such heading. 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 37 •HR 4367 RH SEC. 232. None of the funds in this Act shall be used 1 to reduce the Coast Guard’s legacy Operations Systems 2 Center mission or its government-employed or contract 3 staff levels. 4 SEC. 233. None of the funds appropriated by this Act 5 may be used to conduct, or to implement the results of, 6 a competition under Office of Management and Budget 7 Circular A–76 for activities performed with respect to the 8 Coast Guard National Vessel Documentation Center. 9 SEC. 234. Funds made available in this Act may be 10 used to alter operations within the Civil Engineering Pro- 11 gram of the Coast Guard nationwide, including civil engi- 12 neering units, facilities design and construction centers, 13 maintenance and logistics commands, and the Coast 14 Guard Academy, except that none of the funds provided 15 in this Act may be used to reduce operations within any 16 civil engineering unit unless specifically authorized by a 17 statute enacted after the date of enactment of this Act. 18 SEC. 235. Amounts deposited into the Coast Guard 19 Housing Fund in fiscal year 2024 shall be available until 20 expended to carry out the purposes of section 2946 of title 21 14, United States Code, and shall be in addition to funds 22 otherwise available for such purposes. 23 SEC. 236. (a) Notwithstanding section 2110 of title 24 46, United States Code, none of the funds made available 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 38 •HR 4367 RH in this Act shall be used to charge a fee for an inspection 1 of a towing vessel, as defined in 46 CFR 136.110, that 2 utilizes the Towing Safety Management System option for 3 a Certificate of Inspection issued under subchapter M of 4 title 46, Code of Federal Regulations. 5 (b) Subsection (a) shall not apply after the date the 6 Commandant of the Coast Guard makes a determination 7 under section 815(a) of the Frank LoBiondo Coast Guard 8 Authorization Act of 2018 (Public Law 115–282) and, as 9 necessary based on such determination, carries out the re- 10 quirements of section 815(b) of such Act. 11 SEC. 237. The United States Secret Service is au- 12 thorized to obligate funds in anticipation of reimburse- 13 ments from executive agencies, as defined in section 105 14 of title 5, United States Code, for personnel receiving 15 training sponsored by the James J. Rowley Training Cen- 16 ter, except that total obligations at the end of the fiscal 17 year shall not exceed total budgetary resources available 18 under the heading ‘‘United States Secret Service—Oper- 19 ations and Support’’ at the end of the fiscal year. 20 SEC. 238. (a) None of the funds made available to 21 the United States Secret Service by this Act or by previous 22 appropriations Acts may be made available for the protec- 23 tion of the head of a Federal agency other than the Sec- 24 retary of Homeland Security. 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 39 •HR 4367 RH (b) The Director of the United States Secret Service 1 may enter into agreements to provide such protection on 2 a fully reimbursable basis. 3 SEC. 239. For purposes of section 503(a)(3) of this 4 Act, up to $15,000,000 may be reprogrammed within 5 ‘‘United States Secret Service—Operations and Support’’. 6 SEC. 240. Funding made available in this Act for 7 ‘‘United States Secret Service—Operations and Support’’ 8 is available for travel of United States Secret Service em- 9 ployees on protective missions without regard to the limi- 10 tations on such expenditures in this or any other Act if 11 the Director of the United States Secret Service or a des- 12 ignee notifies the Committees on Appropriations of the 13 House of Representatives and the Senate 10 or more days 14 in advance, or as early as practicable, prior to such ex- 15 penditures. 16 SEC. 241. None of the funds appropriated or other- 17 wise made available by this Act may be made available 18 to implement, administer, or otherwise carry out the poli- 19 cies described in the directive issued by the Acting Com- 20 missioner of U.S. Customs and Border Protection on Jan- 21 uary 10, 2023, entitled ‘‘Emergency Driving and Vehic- 22 ular Pursuits’’, or any successor or similar directive or pol- 23 icy. 24 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 40 •HR 4367 RH SEC. 242. None of the funds appropriated or other- 1 wise made available by this Act may be made available 2 to admit an alien into the United States based on a De- 3 partment of Homeland Security Form I-20 (Certificate of 4 Eligibility for Nonimmigrant Student Status) issued by a 5 college, university, or other institution of higher education 6 that is not accredited by a nationally recognized accred- 7 iting agency or association recognized by the Secretary of 8 Education pursuant to part H of title IV of the Higher 9 Education Act of 1965 (20 U.S.C. 1099a et seq.). 10 SEC. 243. None of the funds appropriated or other- 11 wise made available by this Act may be made available 12 to parole into the Commonwealth of the Northern Mariana 13 Islands, for the purpose of temporary visit for business 14 or pleasure without a visa, an alien who is a national of 15 the People’s Republic of China. 16 SEC. 244. None of the funds appropriated or other- 17 wise made available by this Act or previous appropriations 18 Acts under the heading ‘‘Coast Guard—Procurement, 19 Construction, and Improvements’’ that remain available 20 for obligation in fiscal year 2024 within the Waterways 21 Commerce Cutter Program may be used to enter into or 22 carry out a procurement contract with any entity deemed 23 not eligible for an award from a size standpoint by the 24 Small Business Administration. 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 41 •HR 4367 RH TITLE III 1 PROTECTION, PREPAREDNESS, RESPONSE, AND 2 RECOVERY 3 CYBERSECURITY AND INFRASTRUCTURE SECURITY 4 AGENCY 5 OPERATIONS AND SUPPORT 6 For necessary expenses of the Cybersecurity and In- 7 frastructure Security Agency for operations and support, 8 $2,370,963,000, of which $24,424,000 shall remain avail- 9 able until September 30, 2025: Provided, That not to ex- 10 ceed $3,825 shall be for official reception and representa- 11 tion expenses: Provided further, That $5,000,000 shall be 12 withheld from obligation until the reports and briefings 13 directed under this heading in the explanatory statement 14 accompanying Public Law 117–103 have been submitted 15 to the Committees on Appropriations of the House of Rep- 16 resentatives and the Senate. 17 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 18 For necessary expenses of the Cybersecurity and In- 19 frastructure Security Agency for procurement, construc- 20 tion, and improvements, $553,537,000, to remain avail- 21 able until September 30, 2026. 22 RESEARCH AND DEVELOPMENT 23 For necessary expenses of the Cybersecurity and In- 24 frastructure Security Agency for research and develop- 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 42 •HR 4367 RH ment, $1,791,000, to remain available until September 30, 1 2025. 2 FEDERAL EMERGENCY MANAGEMENT AGENCY 3 OPERATIONS AND SUPPORT 4 For necessary expenses of the Federal Emergency 5 Management Agency for operations and support, 6 $1,521,248,000: Provided, That not to exceed $2,250 shall 7 be for official reception and representation expenses. 8 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 9 For necessary expenses of the Federal Emergency 10 Management Agency for procurement, construction, and 11 improvements, $119,137,000, of which $81,637,000 shall 12 remain available until September 30, 2026, and of which 13 $37,500,000 shall remain available until September 30, 14 2028. 15 FEDERAL ASSISTANCE 16 For activities of the Federal Emergency Management 17 Agency for Federal assistance through grants, contracts, 18 cooperative agreements, and other activities, 19 $3,742,460,342, which shall be allocated as follows: 20 (1) $530,000,000 for the State Homeland Secu- 21 rity Grant Program under section 2004 of the 22 Homeland Security Act of 2002 (6 U.S.C. 605), of 23 which $100,000,000 shall be for Operation 24 Stonegarden and $15,000,000 shall be for Tribal 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 43 •HR 4367 RH Homeland Security Grants under section 2005 of 1 the Homeland Security Act of 2002 (6 U.S.C. 606): 2 Provided, That notwithstanding subsection (c)(4) of 3 such section 2004, for fiscal year 2024, the Com- 4 monwealth of Puerto Rico shall make available to 5 local and tribal governments amounts provided to 6 the Commonwealth of Puerto Rico under this para- 7 graph in accordance with subsection (c)(1) of such 8 section 2004. 9 (2) $615,000,000 for the Urban Area Security 10 Initiative under section 2003 of the Homeland Secu- 11 rity Act of 2002 (6 U.S.C. 604). 12 (3) $315,000,000 for the Nonprofit Security 13 Grant Program under section 2009 of the Homeland 14 Security Act of 2002 (6 U.S.C. 609a), of which 15 $157,500,000 is for eligible recipients located in 16 high-risk urban areas that receive funding under 17 section 2003 of such Act and $157,500,000 is for el- 18 igible recipients that are located outside such areas: 19 Provided, That eligible recipients are those described 20 in section 2009(b) of such Act (6 U.S.C. 609a(b)) 21 or are an otherwise eligible recipient at risk of a ter- 22 rorist or other extremist attack. 23 (4) $105,000,000 for Public Transportation Se- 24 curity Assistance, Railroad Security Assistance, and 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 44 •HR 4367 RH Over-the-Road Bus Security Assistance under sec- 1 tions 1406, 1513, and 1532 of the Implementing 2 Recommendations of the 9/11 Commission Act of 3 2007 (6 U.S.C. 1135, 1163, and 1182), of which 4 $10,000,000 shall be for Amtrak security and 5 $2,000,000 shall be for Over-the-Road Bus Security: 6 Provided, That such public transportation security 7 assistance shall be provided directly to public trans- 8 portation agencies. 9 (5) $100,000,000 for Port Security Grants in 10 accordance with section 70107 of title 46, United 11 States Code. 12 (6) $720,000,000, to remain available until 13 September 30, 2025, of which $360,000,000 shall be 14 for Assistance to Firefighter Grants and 15 $360,000,000 shall be for Staffing for Adequate 16 Fire and Emergency Response Grants under sec- 17 tions 33 and 34 respectively of the Federal Fire Pre- 18 vention and Control Act of 1974 (15 U.S.C. 2229 19 and 2229a). 20 (7) $355,000,000 for emergency management 21 performance grants under the National Flood Insur- 22 ance Act of 1968 (42 U.S.C. 4001 et seq.), the Rob- 23 ert T. Stafford Disaster Relief and Emergency As- 24 sistance Act (42 U.S.C. 5121), the Earthquake Haz- 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 45 •HR 4367 RH ards Reduction Act of 1977 (42 U.S.C. 7701), sec- 1 tion 762 of title 6, United States Code, and Reorga- 2 nization Plan No. 3 of 1978 (5 U.S.C. App.). 3 (8) $312,750,000 for necessary expenses for 4 Flood Hazard Mapping and Risk Analysis, in addi- 5 tion to and to supplement any other sums appro- 6 priated under the National Flood Insurance Fund, 7 and such additional sums as may be provided by 8 States or other political subdivisions for cost-shared 9 mapping activities under section 1360(f)(2) of the 10 National Flood Insurance Act of 1968 (42 U.S.C. 11 4101(f)(2)), to remain available until expended. 12 (9) $12,000,000 for Regional Catastrophic Pre- 13 paredness Grants. 14 (10) $130,000,000 for the emergency food and 15 shelter program under title III of the McKinney- 16 Vento Homeless Assistance Act (42 U.S.C. 11331), 17 to remain available until September 30, 2025: Pro- 18 vided, That not to exceed 3.5 percent shall be for 19 total administrative costs. 20 (11) $40,000,000 for the Next Generation 21 Warning System. 22 (12) $181,223,342 for Community Project 23 Funding grants, which shall be for the purposes, 24 and the amounts, specified in the table entitled 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 46 •HR 4367 RH ‘‘Homeland Security—Community Project Funding’’ 1 in the report accompanying this Act, of which— 2 (A) $65,627,263, in addition to amounts 3 otherwise made available for such purpose, is 4 for emergency operations center grants under 5 section 614 of the Robert T. Stafford Disaster 6 Relief and Emergency Assistance Act (42 7 U.S.C. 5196c); and 8 (B) $115,596,079, in addition to amounts 9 otherwise made available for such purpose, is 10 for pre-disaster mitigation grants under section 11 203 of the Robert T. Stafford Disaster Relief 12 and Emergency Assistance Act (42 U.S.C. 13 5133(e), notwithstanding subsections (f), (g), 14 and (l) of that section (42 U.S.C. 5133(f), (g), 15 (l)). 16 (13) $326,487,000 to sustain current oper- 17 ations for training, exercises, technical assistance, 18 and other programs. 19 DISASTER RELIEF FUND 20 For necessary expenses in carrying out the Robert 21 T. Stafford Disaster Relief and Emergency Assistance Act 22 (42 U.S.C. 5121 et seq.), $20,406,341,000, to remain 23 available until expended, of which $20,261,000,000 shall 24 be for major disasters declared pursuant to the Robert T. 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 47 •HR 4367 RH Stafford Disaster Relief and Emergency Assistance Act 1 (42 U.S.C. 5121 et seq.) and is designated by the Con- 2 gress as being for disaster relief pursuant to section 3 251(b)(2)(D) of the Balanced Budget and Emergency 4 Deficit Control Act of 1985. 5 NATIONAL FLOOD INSURANCE FUND 6 For activities under the National Flood Insurance 7 Act of 1968 (42 U.S.C. 4001 et seq.), the Flood Disaster 8 Protection Act of 1973 (42 U.S.C. 4001 et seq.), the 9 Biggert-Waters Flood Insurance Reform Act of 2012 10 (Public Law 112–141, 126 Stat. 916), and the Home- 11 owner Flood Insurance Affordability Act of 2014 (Public 12 Law 113–89; 128 Stat. 1020), $239,983,000, to remain 13 available until September 30, 2025, which shall be derived 14 from offsetting amounts collected under section 1308(d) 15 of the National Flood Insurance Act of 1968 (42 U.S.C. 16 4015(d)); of which $18,917,000 shall be available for mis- 17 sion support associated with flood management; and of 18 which $221,066,000 shall be available for flood plain man- 19 agement and flood mapping: Provided, That any addi- 20 tional fees collected pursuant to section 1308(d) of the 21 National Flood Insurance Act of 1968 (42 U.S.C. 22 4015(d)) shall be credited as offsetting collections to this 23 account, to be available for flood plain management and 24 flood mapping: Provided further, That in fiscal year 2024, 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 48 •HR 4367 RH no funds shall be available from the National Flood Insur- 1 ance Fund under section 1310 of the National Flood In- 2 surance Act of 1968 (42 U.S.C. 4017) in excess of— 3 (1) $230,504,000 for operating expenses and 4 salaries and expenses associated with flood insurance 5 operations; 6 (2) $1,300,000,000 for commissions and taxes 7 of agents; 8 (3) such sums as are necessary for interest on 9 Treasury borrowings; and 10 (4) $175,000,000, which shall remain available 11 until expended, for flood mitigation actions and for 12 flood mitigation assistance under section 1366 of the 13 National Flood Insurance Act of 1968 (42 U.S.C. 14 4104c), notwithstanding sections 1366(e) and 15 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017): 16 Provided further, That the amounts collected under section 17 102 of the Flood Disaster Protection Act of 1973 (42 18 U.S.C. 4012a) and section 1366(e) of the National Flood 19 Insurance Act of 1968 (42 U.S.C. 4104c(e)), shall be de- 20 posited in the National Flood Insurance Fund to supple- 21 ment other amounts specified as available for section 1366 22 of the National Flood Insurance Act of 1968, notwith- 23 standing section 102(f)(8), section 1366(e) of the National 24 Flood Insurance Act of 1968, and paragraphs (1) through 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 49 •HR 4367 RH (3) of section 1367(b) of such Act (42 U.S.C. 4012a(f)(8), 1 4104c(e), 4104d(b)(1)–(3)): Provided further, That total 2 administrative costs shall not exceed 4 percent of the total 3 appropriation: Provided further, That up to $5,000,000 is 4 available to carry out section 24 of the Homeowner Flood 5 Insurance Affordability Act of 2014 (42 U.S.C. 4033). 6 ADMINISTRATIVE PROVISIONS 7 SEC. 301. (a) The Director of the Cybersecurity and 8 Infrastructure Security Agency (or the Director’s des- 9 ignee) shall provide the briefings to the Committees on 10 Appropriations of the House of Representatives and the 11 Senate described under the heading ‘‘Quarterly Budget 12 and Staffing Briefings’’ in the explanatory statement for 13 division F of Public Law 117–103 described in section 4 14 in the matter preceding division A of such Public Law— 15 (1) with respect to the first quarter of fiscal 16 year 2024, not later than the later of 30 days after 17 the date of enactment of this Act or January 30, 18 2024; and 19 (2) with respect to each subsequent fiscal quar- 20 ter in fiscal year 2024, not later than 21 days after 21 the end of each such quarter. 22 (b) In the event that any such briefing required dur- 23 ing this fiscal year under subsection (a) is not provided, 24 the amount made available in title III to the Cybersecurity 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 50 •HR 4367 RH and Infrastructure Security Agency under the heading 1 ‘‘Operations and Support’’ shall be reduced by $50,000 2 for each day of noncompliance with subsection (a), and 3 the amount made available under such heading and speci- 4 fied in the detailed funding table in the report accom- 5 panying this Act for Mission Support shall be correspond- 6 ingly reduced by an equivalent amount. 7 SEC. 302. (a) Notwithstanding section 2008(a)(12) 8 of the Homeland Security Act of 2002 (6 U.S.C. 9 609(a)(12)) or any other provision of law, not more than 10 5 percent of the amount of a grant made available in para- 11 graphs (1) through (5) under ‘‘Federal Emergency Man- 12 agement Agency—Federal Assistance’’, may be used by 13 the recipient for expenses directly related to administra- 14 tion of the grant. 15 (b) The authority provided in subsection (a) shall also 16 apply to a state recipient for the administration of a grant 17 under such paragraph (3). 18 SEC. 303. Applications for grants under the heading 19 ‘‘Federal Emergency Management Agency—Federal As- 20 sistance’’, for paragraphs (1) through (5), shall be made 21 available to eligible applicants not later than 60 days after 22 the date of enactment of this Act, eligible applicants shall 23 submit applications not later than 80 days after the grant 24 announcement, and the Administrator of the Federal 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 51 •HR 4367 RH Emergency Management Agency shall act within 65 days 1 after the receipt of an application. 2 SEC. 304. (a) Under the heading ‘‘Federal Emer- 3 gency Management Agency—Federal Assistance’’, for 4 grants under paragraphs (1) through (5) and (9), the Ad- 5 ministrator of the Federal Emergency Management Agen- 6 cy shall brief the Committees on Appropriations of the 7 House of Representatives and the Senate 5 full business 8 days in advance of announcing publicly the intention of 9 making an award. 10 (b) If any such public announcement is made before 11 5 full business days have elapsed following such briefing, 12 $1,000,000 of amounts appropriated by this Act for ‘‘Fed- 13 eral Emergency Management Agency—Operations and 14 Support’’ shall be rescinded. 15 SEC. 305. Under the heading ‘‘Federal Emergency 16 Management Agency—Federal Assistance’’, for grants 17 under paragraphs (1) and (2), the installation of commu- 18 nications towers is not considered construction of a build- 19 ing or other physical facility. 20 SEC. 306. The reporting requirements in paragraphs 21 (1) and (2) under the heading ‘‘Federal Emergency Man- 22 agement Agency—Disaster Relief Fund’’ in the Depart- 23 ment of Homeland Security Appropriations Act, 2015 24 (Public Law 114–4), related to reporting on the Disaster 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 52 •HR 4367 RH Relief Fund, shall be applied in fiscal year 2024 with re- 1 spect to budget year 2025 and current fiscal year 2024, 2 respectively— 3 (1) in paragraph (1) by substituting ‘‘fiscal 4 year 2025’’ for ‘‘fiscal year 2016’’; and 5 (2) in paragraph (2) by inserting ‘‘business’’ 6 after ‘‘fifth’’. 7 SEC. 307. In making grants under the heading ‘‘Fed- 8 eral Emergency Management Agency—Federal Assist- 9 ance’’, for Staffing for Adequate Fire and Emergency Re- 10 sponse grants, the Administrator of the Federal Emer- 11 gency Management Agency may grant waivers from the 12 requirements in subsections (a)(1)(A), (a)(1)(B), 13 (a)(1)(E), (c)(1), (c)(2), and (c)(4) of section 34 of the 14 Federal Fire Prevention and Control Act of 1974 (15 15 U.S.C. 2229a). 16 SEC. 308. (a) The aggregate charges assessed during 17 fiscal year 2024, as authorized in title III of the Depart- 18 ments of Veterans Affairs and Housing and Urban Devel- 19 opment, and Independent Agencies Appropriations Act, 20 1999 (42 U.S.C. 5196e), shall not be less than 100 per- 21 cent of the amounts anticipated by the Department of 22 Homeland Security to be necessary for its Radiological 23 Emergency Preparedness Program for the next fiscal year. 24 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 53 •HR 4367 RH (b) The methodology for assessment and collection of 1 fees shall be fair and equitable and shall reflect costs of 2 providing such services, including administrative costs of 3 collecting such fees. 4 (c) Such fees shall be deposited in a Radiological 5 Emergency Preparedness Program account as offsetting 6 collections and will become available for authorized pur- 7 poses on October 1, 2024, and remain available until ex- 8 pended. 9 SEC. 309. In making grants under the heading ‘‘Fed- 10 eral Emergency Management Agency—Federal Assist- 11 ance’’, for Assistance to Firefighter Grants, the Adminis- 12 trator of the Federal Emergency Management Agency 13 may waive subsection (k) of section 33 of the Federal Fire 14 Prevention and Control Act of 1974 (15 U.S.C. 2229). 15 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 54 •HR 4367 RH TITLE IV 1 RESEARCH, DEVELOPMENT, TRAINING, AND 2 SERVICES 3 U.S. CITIZENSHIP AND IMMIGRATION SERVICES 4 OPERATIONS AND SUPPORT 5 For necessary expenses of U.S. Citizenship and Im- 6 migration Services for operations and support of the E- 7 Verify Program, $111,865,000: Provided, That such 8 amounts shall be in addition to any other amounts made 9 available for such purposes, and shall not be construed to 10 require any reduction of any fee described in section 11 286(m) of the Immigration and Nationality Act (8 U.S.C. 12 1356(m)). 13 FEDERAL LAW ENFORCEMENT TRAINING CENTERS 14 OPERATIONS AND SUPPORT 15 For necessary expenses of the Federal Law Enforce- 16 ment Training Centers for operations and support, includ- 17 ing the purchase of not to exceed 117 vehicles for police- 18 type use and hire of passenger motor vehicles, and services 19 as authorized by section 3109 of title 5, United States 20 Code, $361,398,000, of which $66,665,000 shall remain 21 available until September 30, 2025: Provided, That not 22 to exceed $7,180 shall be for official reception and rep- 23 resentation expenses. 24 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 55 •HR 4367 RH PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 1 For necessary expenses of the Federal Law Enforce- 2 ment Training Centers for procurement, construction, and 3 improvements, $20,100,000, to remain available until Sep- 4 tember 30, 2028, for acquisition of necessary additional 5 real property and facilities, construction and ongoing 6 maintenance, facility improvements and related expenses 7 of the Federal Law Enforcement Training Centers. 8 SCIENCE AND TECHNOLOGY DIRECTORATE 9 OPERATIONS AND SUPPORT 10 For necessary expenses of the Science and Tech- 11 nology Directorate for operations and support, including 12 the purchase or lease of not to exceed 5 vehicles, 13 $333,632,000, of which $206,548,000 shall remain avail- 14 able until September 30, 2025: Provided, That not to ex- 15 ceed $10,000 shall be for official reception and representa- 16 tion expenses. 17 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 18 For necessary expenses of the Science and Tech- 19 nology Directorate for procurement, construction, and im- 20 provements, $58,466,000, to remain available until Sep- 21 tember 30, 2028. 22 RESEARCH AND DEVELOPMENT 23 For necessary expenses of the Science and Tech- 24 nology Directorate for research and development, 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 56 •HR 4367 RH $444,545,000, to remain available until September 30, 1 2026. 2 COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE 3 OPERATIONS AND SUPPORT 4 For necessary expenses of the Countering Weapons 5 of Mass Destruction Office for operations and support, 6 $164,315,000, of which $69,364,000 shall remain avail- 7 able until September 30, 2025: Provided, That not to ex- 8 ceed $2,250 shall be for official reception and representa- 9 tion expenses. 10 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 11 For necessary expenses of the Countering Weapons 12 of Mass Destruction Office for procurement, construction, 13 and improvements, $42,338,000, to remain available until 14 September 30, 2026. 15 RESEARCH AND DEVELOPMENT 16 For necessary expenses of the Countering Weapons 17 of Mass Destruction Office for research and development, 18 $64,201,000, to remain available until September 30, 19 2026. 20 FEDERAL ASSISTANCE 21 For necessary expenses of the Countering Weapons 22 of Mass Destruction Office for Federal assistance through 23 grants, contracts, cooperative agreements, and other ac- 24 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 57 •HR 4367 RH tivities, $142,885,000, to remain available until Sep- 1 tember 30, 2026. 2 ADMINISTRATIVE PROVISIONS 3 SEC. 401. (a) Notwithstanding any other provision 4 of law, funds otherwise made available to U.S. Citizenship 5 and Immigration Services may be used to acquire, operate, 6 equip, and dispose of up to 5 vehicles, for replacement 7 only, for areas where the Administrator of General Serv- 8 ices does not provide vehicles for lease. 9 (b) The Director of U.S. Citizenship and Immigration 10 Services may authorize employees who are assigned to 11 those areas to use such vehicles to travel between the em- 12 ployees’ residences and places of employment. 13 SEC. 402. None of the funds appropriated by this Act 14 may be used to process or approve a competition under 15 Office of Management and Budget Circular A–76 for serv- 16 ices provided by employees (including employees serving 17 on a temporary or term basis) of U.S. Citizenship and Im- 18 migration Services of the Department of Homeland Secu- 19 rity who are known as Immigration Information Officers, 20 Immigration Service Analysts, Contact Representatives, 21 Investigative Assistants, or Immigration Services Officers. 22 SEC. 403. Notwithstanding any other provision of 23 law, any Federal funds made available to U.S. Citizenship 24 and Immigration Services may be used for the collection 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 58 •HR 4367 RH and use of biometrics taken at a U.S. Citizenship and Im- 1 migration Services Application Support Center that is 2 overseen virtually by U.S. Citizenship and Immigration 3 Services personnel using appropriate technology. 4 SEC. 404. None of the funds appropriated or other- 5 wise made available by this Act may be made available 6 to implement, administer, or enforce the rule entitled 7 ‘‘Procedures or Credible Fear Screening and Consider- 8 ation of Asylum, Withholding of Removal, and CAT Pro- 9 tection Claims by Asylum Officers’’ (87 Fed. Reg. 18078). 10 SEC. 405. None of the funds appropriated or other- 11 wise made available by this Act may be made available 12 to issue any employment authorization document or simi- 13 lar document to any alien whose application for asylum 14 in the United States has been denied, or who is convicted 15 of a Federal or State crime while his or her application 16 for asylum in the United States is pending. 17 SEC. 406. (a) Section 214(g)(9)(A) of the Immigra- 18 tion and Nationality Act (8 U.S.C. 1184(g)(9)(A)) is 19 amended to read as follows: ‘‘(A) Subject to subpara- 20 graphs (B) and (C), an alien shall be considered a return- 21 ing worker and shall not again be counted toward the nu- 22 merical limitation of paragraph (1)(B) during fiscal year 23 2024 if such alien has already been counted toward such 24 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 59 •HR 4367 RH numerical limitation during any of the 3 preceding fiscal 1 years.’’. 2 (b) The amendment made by this section shall apply 3 on and after October 1, 2023. 4 SEC. 407. In fiscal year 2024, nonimmigrants shall 5 be admitted to the United States under section 6 101(a)(l5)(H)(ii)(a) of the Immigration and Nationality 7 Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) to perform agricul- 8 tural labor or services, without regard to whether such 9 labor is, or services are, of a temporary or seasonal nature. 10 SEC. 408. Notwithstanding section 286(n) of the Im- 11 migration and Nationality Act (8 U.S.C. 1356(n)), the Di- 12 rector of U.S. Citizenship and Immigration Services may 13 use not more than $5,000 of the amounts deposited in 14 the Immigration Examinations Fee Account for official re- 15 ception and representation expenses in fiscal year 2024. 16 SEC. 409. The Director of the Federal Law Enforce- 17 ment Training Centers is authorized to distribute funds 18 to Federal law enforcement agencies for expenses incurred 19 participating in training accreditation. 20 SEC. 410. The Federal Law Enforcement Training 21 Accreditation Board, including representatives from the 22 Federal law enforcement community and non-Federal ac- 23 creditation experts involved in law enforcement training, 24 shall lead the Federal law enforcement training accredita- 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 60 •HR 4367 RH tion process to continue the implementation of measuring 1 and assessing the quality and effectiveness of Federal law 2 enforcement training programs, facilities, and instructors. 3 SEC. 411. (a) The Director of the Federal Law En- 4 forcement Training Centers may accept transfers to its 5 ‘‘Procurement, Construction, and Improvements’’ account 6 from Government agencies requesting the construction of 7 special use facilities, as authorized by the Economy Act 8 (31 U.S.C. 1535(b)). 9 (b) The Federal Law Enforcement Training Centers 10 shall maintain administrative control and ownership upon 11 completion of such facilities. 12 SEC. 412. The functions of the Federal Law Enforce- 13 ment Training Centers instructor staff shall be classified 14 as inherently governmental for purposes of the Federal 15 Activities Inventory Reform Act of 1998 (31 U.S.C. 501 16 note). 17 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 61 •HR 4367 RH TITLE V 1 GENERAL PROVISIONS 2 (INCLUDING RESCISSIONS OF FUNDS) 3 SEC. 501. No part of any appropriation contained in 4 this Act shall remain available for obligation beyond the 5 current fiscal year unless expressly so provided herein. 6 SEC. 502. Subject to the requirements of section 503 7 of this Act, the unexpended balances of prior appropria- 8 tions provided for activities in this Act may be transferred 9 to appropriation accounts for such activities established 10 pursuant to this Act, may be merged with funds in the 11 applicable established accounts, and thereafter may be ac- 12 counted for as one fund for the same time period as origi- 13 nally enacted. 14 SEC. 503. (a) None of the funds provided by this Act, 15 provided by previous appropriations Acts to the compo- 16 nents in or transferred to the Department of Homeland 17 Security that remain available for obligation or expendi- 18 ture in fiscal year 2024, or provided from any accounts 19 in the Treasury of the United States derived by the collec- 20 tion of fees available to the components funded by this 21 Act, shall be available for obligation or expenditure 22 through a reprogramming of funds that— 23 (1) creates or eliminates a program, project, or 24 activity, or increases funds for any program, project, 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 62 •HR 4367 RH or activity for which funds have been denied or re- 1 stricted by the Congress; 2 (2) contracts out any function or activity pres- 3 ently performed by Federal employees or any new 4 function or activity proposed to be performed by 5 Federal employees in the President’s budget pro- 6 posal for fiscal year 2024 for the Department of 7 Homeland Security; 8 (3) augments funding for existing programs, 9 projects, or activities in excess of $5,000,000 or 10 10 percent, whichever is less; 11 (4) reduces funding for any program, project, 12 or activity, or numbers of personnel, by 10 percent 13 or more; or 14 (5) results from any general savings from a re- 15 duction in personnel that would result in a change 16 in funding levels for programs, projects, or activities 17 as approved by the Congress. 18 (b) Subsection (a) shall not apply if the Committees 19 on Appropriations of the House of Representatives and the 20 Senate are notified at least 15 days in advance of such 21 reprogramming. 22 (c) Up to 5 percent of any appropriation made avail- 23 able for the current fiscal year for the Department of 24 Homeland Security by this Act or provided by previous 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 63 •HR 4367 RH appropriations Acts may be transferred between such ap- 1 propriations if the Committees on Appropriations of the 2 House of Representatives and the Senate are notified at 3 least 30 days in advance of such transfer, but no such 4 appropriation, except as otherwise specifically provided, 5 shall be increased by more than 10 percent by such trans- 6 fer. 7 (d) Notwithstanding subsections (a), (b), and (c), no 8 funds shall be reprogrammed within or transferred be- 9 tween appropriations based upon an initial notification 10 provided after June 30, except in extraordinary cir- 11 cumstances that imminently threaten the safety of human 12 life or the protection of property. 13 (e) The notification thresholds and procedures set 14 forth in subsections (a), (b), (c), and (d) shall apply to 15 any use of deobligated balances of funds provided in pre- 16 vious Department of Homeland Security Appropriations 17 Acts that remain available for obligation in the current 18 year. 19 (f) Notwithstanding subsection (c), the Secretary of 20 Homeland Security may transfer to the fund established 21 by 8 U.S.C. 1101 note, up to $20,000,000 from appro- 22 priations available to the Department of Homeland Secu- 23 rity: Provided, That the Secretary shall notify the Commit- 24 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 64 •HR 4367 RH tees on Appropriations of the House of Representatives 1 and the Senate at least 5 days in advance of such transfer. 2 SEC. 504. (a) Section 504 of the Department of 3 Homeland Security Appropriations Act, 2017 (division F 4 of Public Law 115–31), related to the operations of a 5 working capital fund, shall apply with respect to funds 6 made available in this Act in the same manner as such 7 section applied to funds made available in that Act. 8 (b) Funds from such working capital fund may be 9 obligated and expended in anticipation of reimbursements 10 from components of the Department of Homeland Secu- 11 rity. 12 SEC. 505. (a) Except as otherwise specifically pro- 13 vided by law, not to exceed 50 percent of unobligated bal- 14 ances remaining available at the end of fiscal year 2024, 15 as recorded in the financial records at the time of a re- 16 programming notification, but not later than June 30, 17 2025, from appropriations for ‘‘Operations and Support’’ 18 for fiscal year 2024 in this Act shall remain available 19 through September 30, 2025, in the account and for the 20 purposes for which the appropriations were provided. 21 (b) Prior to the obligation of such funds, a notifica- 22 tion shall be submitted to the Committees on Appropria- 23 tions of the House of Representatives and the Senate in 24 accordance with section 503 of this Act. 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 65 •HR 4367 RH SEC. 506. (a) Funds made available by this Act for 1 intelligence activities are deemed to be specifically author- 2 ized by the Congress for purposes of section 504 of the 3 National Security Act of 1947 (50 U.S.C. 414) during fis- 4 cal year 2024 until the enactment of an Act authorizing 5 intelligence activities for fiscal year 2024. 6 (b) Amounts described in subsection (a) made avail- 7 able for ‘‘Intelligence, Analysis, and Situational Aware- 8 ness—Operations and Support’’ that exceed the amounts 9 in such authorization for such account shall be transferred 10 to and merged with amounts made available under the 11 heading ‘‘Management Directorate—Operations and Sup- 12 port’’. 13 (c) Prior to the obligation of any funds transferred 14 under subsection (b), the Management Directorate shall 15 brief the Committees on Appropriations of the House of 16 Representatives and the Senate on a plan for the use of 17 such funds. 18 SEC. 507. (a) The Secretary of Homeland Security, 19 or the designee of the Secretary, shall notify the Commit- 20 tees on Appropriations of the House of Representatives 21 and the Senate at least 3 full business days in advance 22 of— 23 (1) making or awarding a grant allocation or 24 grant in excess of $1,000,000; 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 66 •HR 4367 RH (2) making or awarding a contract, other trans- 1 action agreement, or task or delivery order on a 2 multiple award contract, or to issue a letter of intent 3 totaling in excess of $4,000,000; 4 (3) awarding a task or delivery order requiring 5 an obligation of funds in an amount greater than 6 $10,000,000 from multi-year funds; 7 (4) making a sole-source grant award; or 8 (5) announcing publicly the intention to make 9 or award items under paragraph (1), (2), (3), or (4), 10 including a contract covered by the Federal Acquisi- 11 tion Regulation. 12 (b) If the Secretary of Homeland Security determines 13 that compliance with this section would pose a substantial 14 risk to human life, health, or safety, an award may be 15 made without notification, and the Secretary shall notify 16 the Committees on Appropriations of the House of Rep- 17 resentatives and the Senate not later than 5 full business 18 days after such an award is made or letter issued. 19 (c) A notification under this section— 20 (1) may not involve funds that are not available 21 for obligation; and 22 (2) shall include the amount of the award; the 23 fiscal year for which the funds for the award were 24 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 67 •HR 4367 RH appropriated; the type of contract; and the account 1 from which the funds are being drawn. 2 SEC. 508. Notwithstanding any other provision of 3 law, no agency shall purchase, construct, or lease any ad- 4 ditional facilities, except within or contiguous to existing 5 locations, to be used for the purpose of conducting Federal 6 law enforcement training without advance notification to 7 the Committees on Appropriations of the House of Rep- 8 resentatives and the Senate, except that the Federal Law 9 Enforcement Training Centers is authorized to obtain the 10 temporary use of additional facilities by lease, contract, 11 or other agreement for training that cannot be accommo- 12 dated in existing Centers’ facilities. 13 SEC. 509. None of the funds appropriated or other- 14 wise made available by this Act may be used for expenses 15 for any construction, repair, alteration, or acquisition 16 project for which a prospectus otherwise required under 17 chapter 33 of title 40, United States Code, has not been 18 approved, except that necessary funds may be expended 19 for each project for required expenses for the development 20 of a proposed prospectus. 21 SEC. 510. Sections 522 and 530 of the Department 22 of Homeland Security Appropriations Act, 2008 (division 23 E of Public Law 110–161; 121 Stat. 2073 and 2074) shall 24 apply with respect to funds made available in this Act in 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 68 •HR 4367 RH the same manner as such sections applied to funds made 1 available in that Act. 2 SEC. 511. (a) None of the funds made available in 3 this Act may be used in contravention of the applicable 4 provisions of the Buy American Act. 5 (b) For purposes of subsection (a), the term ‘‘Buy 6 American Act’’ means chapter 83 of title 41, United 7 States Code. 8 SEC. 512. None of the funds made available in this 9 Act may be used to amend the oath of allegiance required 10 by section 337 of the Immigration and Nationality Act 11 (8 U.S.C. 1448). 12 SEC. 513. None of the funds provided or otherwise 13 made available in this Act shall be available to carry out 14 section 872 of the Homeland Security Act of 2002 (6 15 U.S.C. 452) unless explicitly authorized by the Congress. 16 SEC. 514. None of the funds made available in this 17 Act may be used for planning, testing, piloting, or devel- 18 oping a national identification card. 19 SEC. 515. Any official that is required by this Act 20 to report or to certify to the Committees on Appropria- 21 tions of the House of Representatives and the Senate may 22 not delegate such authority to perform that act unless spe- 23 cifically authorized herein. 24 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 69 •HR 4367 RH SEC. 516. None of the funds made available in this 1 Act may be used for first-class travel by the employees 2 of agencies funded by this Act in contravention of sections 3 301–10.122 through 301–10.124 of title 41, Code of Fed- 4 eral Regulations. 5 SEC. 517. None of the funds made available in this 6 Act may be used to employ workers described in section 7 274A(h)(3) of the Immigration and Nationality Act (8 8 U.S.C. 1324a(h)(3)). 9 SEC. 518. Notwithstanding any other provision of 10 this Act, none of the funds appropriated or otherwise 11 made available by this Act may be used to pay award or 12 incentive fees for contractor performance that has been 13 judged to be below satisfactory performance or perform- 14 ance that does not meet the basic requirements of a con- 15 tract. 16 SEC. 519. (a) None of the funds made available in 17 this Act may be used to maintain or establish a computer 18 network unless such network blocks the viewing, 19 downloading, and exchanging of pornography. 20 (b) Nothing in subsection (a) shall limit the use of 21 funds necessary for any Federal, State, tribal, territorial, 22 or local law enforcement agency or any other entity car- 23 rying out criminal investigations, prosecution, or adjudica- 24 tion activities. 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 70 •HR 4367 RH SEC. 520. None of the funds made available in this 1 Act may be used by a Federal law enforcement officer to 2 facilitate the transfer of an operable firearm to an indi- 3 vidual if the Federal law enforcement officer knows or sus- 4 pects that the individual is an agent of a drug cartel unless 5 law enforcement personnel of the United States continu- 6 ously monitor or control the firearm at all times. 7 SEC. 521. (a) None of the funds made available in 8 this Act may be used to pay for the travel to or attendance 9 of more than 50 employees of a single component of the 10 Department of Homeland Security, who are stationed in 11 the United States, at a single international conference un- 12 less the Secretary of Homeland Security, or a designee, 13 determines that such attendance is in the national interest 14 and notifies the Committees on Appropriations of the 15 House of Representatives and the Senate within at least 16 10 days of that determination and the basis for that deter- 17 mination. 18 (b) For purposes of this section the term ‘‘inter- 19 national conference’’ shall mean a conference occurring 20 outside of the United States attended by representatives 21 of the United States Government and of foreign govern- 22 ments, international organizations, or nongovernmental 23 organizations. 24 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 71 •HR 4367 RH (c) The total cost to the Department of Homeland 1 Security of any such conference shall not exceed $500,000. 2 (d) Employees who attend a conference virtually 3 without travel away from their permanent duty station 4 within the United States shall not be counted for purposes 5 of this section, and the prohibition contained in this sec- 6 tion shall not apply to payments for the costs of attend- 7 ance for such employees. 8 SEC. 522. None of the funds made available in this 9 Act may be used to reimburse any Federal department 10 or agency for its participation in a National Special Secu- 11 rity Event. 12 SEC. 523. (a) None of the funds made available to 13 the Department of Homeland Security by this or any other 14 Act may be obligated for the implementation of any struc- 15 tural pay reform or the introduction of any new position 16 classification that will affect more than 100 full-time posi- 17 tions or costs more than $5,000,000 in a single year be- 18 fore the end of the 30-day period beginning on the date 19 on which the Secretary of Homeland Security submits to 20 Congress a notification that includes— 21 (1) the number of full-time positions affected by 22 such change; 23 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 72 •HR 4367 RH (2) funding required for such change for the 1 current fiscal year and through the Future Years 2 Homeland Security Program; 3 (3) justification for such change; and 4 (4) for a structural pay reform, an analysis of 5 compensation alternatives to such change that were 6 considered by the Department. 7 (b) Subsection (a) shall not apply to such change if— 8 (1) it was proposed in the President’s budget 9 proposal for the fiscal year funded by this Act; and 10 (2) funds for such change have not been explic- 11 itly denied or restricted in this Act. 12 SEC. 524. (a) Any agency receiving funds made avail- 13 able in this Act shall, subject to subsections (b) and (c), 14 post on the public website of that agency any report re- 15 quired to be submitted by the Committees on Appropria- 16 tions of the House of Representatives and the Senate in 17 this Act, upon the determination by the head of the agency 18 that it shall serve the national interest. 19 (b) Subsection (a) shall not apply to a report if— 20 (1) the public posting of the report com- 21 promises homeland or national security; or 22 (2) the report contains proprietary information. 23 (c) The head of the agency posting such report shall 24 do so only after such report has been made available to 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 73 •HR 4367 RH the Committees on Appropriations of the House of Rep- 1 resentatives and the Senate for not less than 45 days ex- 2 cept as otherwise specified in law. 3 SEC. 525. (a) Funding provided in this Act for ‘‘Op- 4 erations and Support’’ may be used for minor procure- 5 ment, construction, and improvements. 6 (b) For purposes of subsection (a), ‘‘minor’’ refers 7 to end items with a unit cost of $250,000 or less for per- 8 sonal property, and $2,000,000 or less for real property. 9 SEC. 526. The authority provided by section 532 of 10 the Department of Homeland Security Appropriations 11 Act, 2018 (Public Law 115–141) regarding primary and 12 secondary schooling of dependents shall continue in effect 13 during fiscal year 2024. 14 SEC. 527. (a) None of the funds appropriated or oth- 15 erwise made available to the Department of Homeland Se- 16 curity by this Act may be used to prevent any of the fol- 17 lowing persons from entering, for the purpose of con- 18 ducting oversight, any facility operated by or for the De- 19 partment of Homeland Security used to detain or other- 20 wise house aliens, or to make any temporary modification 21 at any such facility that in any way alters what is observed 22 by a visiting Member of Congress or such designated em- 23 ployee, compared to what would be observed in the absence 24 of such modification: 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 74 •HR 4367 RH (1) A Member of Congress. 1 (2) An employee of the United States House of 2 Representatives or the United States Senate des- 3 ignated by such a Member for the purposes of this 4 section. 5 (b) Nothing in this section may be construed to re- 6 quire a Member of Congress to provide prior notice of the 7 intent to enter a facility described in subsection (a) for 8 the purpose of conducting oversight. 9 (c) With respect to individuals described in subsection 10 (a)(2), the Department of Homeland Security may require 11 that a request be made at least 24 hours in advance of 12 an intent to enter a facility described in subsection (a). 13 SEC. 528. (a) For an additional amount for ‘‘Federal 14 Emergency Management Agency—Federal Assistance’’, 15 $3,000,000, to remain available until September 30, 2025, 16 exclusively for providing reimbursement of extraordinary 17 law enforcement or other emergency personnel costs for 18 protection activities directly and demonstrably associated 19 with any residence of the President that is designated or 20 identified to be secured by the United States Secret Serv- 21 ice. 22 (b) Subsections (b) through (f) of section 534 of the 23 Department of Homeland Security Appropriations Act, 24 2018 (Public Law 115–141), shall be applied with respect 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 75 •HR 4367 RH to amounts made available by subsection (a) of this section 1 by substituting ‘‘October 1, 2024’’ for ‘‘October 1, 2018’’ 2 and ‘‘October 1, 2023’’ for ‘‘October 1, 2017’’. 3 SEC. 529. (a) Except as provided in subsection (b), 4 none of the funds made available in this Act may be used 5 to place restraints on a woman in the custody of the De- 6 partment of Homeland Security (including during trans- 7 port, in a detention facility, or at an outside medical facil- 8 ity) who is pregnant or in post-delivery recuperation. 9 (b) Subsection (a) shall not apply with respect to a 10 pregnant woman if— 11 (1) an appropriate official of the Department of 12 Homeland Security makes an individualized deter- 13 mination that the woman— 14 (A) is a serious flight risk, and such risk 15 cannot be prevented by other means; or 16 (B) poses an immediate and serious threat 17 to harm herself or others that cannot be pre- 18 vented by other means; or 19 (2) a medical professional responsible for the 20 care of the pregnant woman determines that the use 21 of therapeutic restraints is appropriate for the med- 22 ical safety of the woman. 23 (c) If a pregnant woman is restrained pursuant to 24 subsection (b), only the safest and least restrictive re- 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 76 •HR 4367 RH straints, as determined by the appropriate medical profes- 1 sional treating the woman, may be used. In no case may 2 restraints be used on a woman who is in active labor or 3 delivery, and in no case may a pregnant woman be re- 4 strained in a face-down position with four-point restraints, 5 on her back, or in a restraint belt that constricts the area 6 of the pregnancy. A pregnant woman who is immobilized 7 by restraints shall be positioned, to the maximum extent 8 feasible, on her left side. 9 SEC. 530. (a) None of the funds made available by 10 this Act may be used to destroy any document, recording, 11 or other record pertaining to any— 12 (1) death of, 13 (2) potential sexual assault or abuse per- 14 petrated against, or 15 (3) allegation of abuse, criminal activity, or dis- 16 ruption committed by 17 an individual held in the custody of the Department of 18 Homeland Security. 19 (b) The records referred to in subsection (a) shall be 20 made available, in accordance with applicable laws and 21 regulations, and Federal rules governing disclosure in liti- 22 gation, to an individual who has been charged with a 23 crime, been placed into segregation, or otherwise punished 24 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 77 •HR 4367 RH as a result of an allegation described in paragraph (3), 1 upon the request of such individual. 2 SEC. 531. Section 519 of division F of Public Law 3 114–113, regarding a prohibition on funding for any posi- 4 tion designated as a Principal Federal Official, shall apply 5 with respect to any Federal funds in the same manner 6 as such section applied to funds made available in that 7 Act. 8 SEC. 532. (a) Not later than 10 days after the date 9 on which the budget of the President for a fiscal year is 10 submitted to Congress pursuant to section 1105(a) of title 11 31, United States Code, the Under Secretary for Manage- 12 ment of Homeland Security shall submit to the Commit- 13 tees on Appropriations of the House of Representatives 14 and the Senate a report on the unfunded priorities, for 15 the Department of Homeland Security and separately for 16 each departmental component, for which discretionary 17 funding would be classified as budget function 050. 18 (b) Each report under this section shall specify, for 19 each such unfunded priority— 20 (1) a summary description, including the objec- 21 tives to be achieved if such priority is funded 22 (whether in whole or in part); 23 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 78 •HR 4367 RH (2) the description, including the objectives to 1 be achieved if such priority is funded (whether in 2 whole or in part); 3 (3) account information, including the following 4 (as applicable): 5 (A) appropriation account; and 6 (B) program, project, or activity name; 7 and 8 (4) the additional number of full-time or part- 9 time positions to be funded as part of such priority. 10 (c) In this section, the term ‘‘unfunded priority’’, in 11 the case of a fiscal year, means a requirement that— 12 (1) is not funded in the budget referred to in 13 subsection (a); 14 (2) is necessary to fulfill a requirement associ- 15 ated with an operational or contingency plan for the 16 Department; and 17 (3) would have been recommended for funding 18 through the budget referred to in subsection (a) if— 19 (A) additional resources had been available 20 for the budget to fund the requirement; 21 (B) the requirement has emerged since the 22 budget was formulated; or 23 (C) the requirement is necessary to sustain 24 prior-year investments. 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 79 •HR 4367 RH SEC. 533. (a) Not later than 10 days after a deter- 1 mination is made by the President to evaluate and initiate 2 protection under any authority for a former or retired 3 Government official or employee, or for an individual who, 4 during the duration of the directed protection, will become 5 a former or retired Government official or employee (re- 6 ferred to in this section as a ‘‘covered individual’’), the 7 Secretary of Homeland Security shall submit a notifica- 8 tion to congressional leadership and the Committees on 9 Appropriations of the House of Representatives and the 10 Senate, the Committees on the Judiciary of the House of 11 Representatives and the Senate, the Committee on Home- 12 land Security of the House of Representatives, the Com- 13 mittee on Homeland Security and Governmental Affairs 14 of the Senate, and the Committee on Oversight and Re- 15 form of the House of Representatives (referred to in this 16 section as the ‘‘appropriate congressional committees’’). 17 (b) Such notification may be submitted in classified 18 form, if necessary, and in consultation with the Director 19 of National Intelligence or the Director of the Federal Bu- 20 reau of Investigation, as appropriate, and shall include the 21 threat assessment, scope of the protection, and the antici- 22 pated cost and duration of such protection. 23 (c) Not later than 15 days before extending, or 30 24 days before terminating, protection for a covered indi- 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 80 •HR 4367 RH vidual, the Secretary of Homeland Security shall submit 1 a notification regarding the extension or termination and 2 any change to the threat assessment to the congressional 3 leadership and the appropriate congressional committees. 4 (d) Not later than 45 days after the date of enact- 5 ment of this Act, and quarterly thereafter, the Secretary 6 shall submit a report to the congressional leadership and 7 the appropriate congressional committees, which may be 8 submitted in classified form, if necessary, detailing each 9 covered individual, and the scope and associated cost of 10 protection. 11 SEC. 534. (a) None of the funds provided to the De- 12 partment of Homeland Security in this or any prior Act 13 may be used by an agency to submit an initial project pro- 14 posal to the Technology Modernization Fund (as author- 15 ized by section 1078 of subtitle G of title X of the National 16 Defense Authorization Act for Fiscal Year 2018 (Public 17 Law 115–91)) unless, concurrent with the submission of 18 an initial project proposal to the Technology Moderniza- 19 tion Board, the head of the agency— 20 (1) notifies the Committees on Appropriations 21 of the House of Representatives and the Senate of 22 the proposed submission of the project proposal; 23 (2) submits to the Committees on Appropria- 24 tions a copy of the project proposal; and 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 81 •HR 4367 RH (3) provides a detailed analysis of how the pro- 1 posed project funding would supplement or supplant 2 funding requested as part of the Department’s most 3 recent budget submission. 4 (b) None of the funds provided to the Department 5 of Homeland Security by the Technology Modernization 6 Fund shall be available for obligation until 15 days after 7 a report on such funds has been transmitted to the Com- 8 mittees on Appropriations of the House of Representatives 9 and the Senate. 10 (c) The report described in subsection (b) shall in- 11 clude— 12 (1) the full project proposal submitted to and 13 approved by the Fund’s Technology Modernization 14 Board; 15 (2) the finalized interagency agreement between 16 the Department and the Fund including the 17 project’s deliverables and repayment terms, as appli- 18 cable; 19 (3) a detailed analysis of how the project will 20 supplement or supplant existing funding available to 21 the Department for similar activities; 22 (4) a plan for how the Department will repay 23 the Fund, including specific planned funding 24 sources, as applicable; and 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 82 •HR 4367 RH (5) other information as determined by the Sec- 1 retary. 2 SEC. 535. Within 60 days of any budget submission 3 for the Department of Homeland Security for fiscal year 4 2025 that assumes revenues or proposes a reduction from 5 the previous year based on user fees proposals that have 6 not been enacted into law prior to the submission of the 7 budget, the Secretary of Homeland Security shall provide 8 the Committees on Appropriations of the House of Rep- 9 resentatives and the Senate specific reductions in proposed 10 discretionary budget authority commensurate with the 11 revenues assumed in such proposals in the event that they 12 are not enacted prior to October 1, 2024. 13 SEC. 536. None of the funds made available by this 14 Act may be obligated or expended to implement the Arms 15 Trade Treaty until the Senate approves a resolution of 16 ratification for the Treaty. 17 SEC. 537. No Federal funds made available to the 18 Department of Homeland Security may be used to enter 19 into a procurement contract, memorandum of under- 20 standing, or cooperative agreement with, or make a grant 21 to, or provide a loan or guarantee to, any entity identified 22 under section 1260H of the William M. (Mac) Thornberry 23 National Defense Authorization Act for Fiscal Year 2021 24 (Public Law 116–283) or any subsidiary of such entity. 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 83 •HR 4367 RH SEC. 538. None of the funds appropriated or other- 1 wise made available in this or any other Act may be used 2 to transfer, release, or assist in the transfer or release to 3 or within the United States, its territories, or possessions 4 Khalid Sheikh Mohammed or any other detainee who— 5 (1) is not a United States citizen or a member 6 of the Armed Forces of the United States; and 7 (2) is or was held on or after June 24, 2009, 8 at the United States Naval Station, Guantanamo 9 Bay, Cuba, by the Department of Defense. 10 SEC. 539. (a) The Secretary of Homeland Security 11 (in this section referred to as the ‘‘Secretary’’) shall, on 12 a bimonthly basis beginning immediately after the date of 13 enactment of this Act, develop estimates of the number 14 of migrants anticipated to arrive at the southwest border 15 of the United States. 16 (b) The Secretary shall ensure that, at a minimum, 17 the estimates developed pursuant to subsection (a)— 18 (1) cover the current fiscal year and the fol- 19 lowing fiscal year; 20 (2) include a breakout by demographics, to in- 21 clude single adults, family units, and unaccompanied 22 children; 23 (3) undergo an independent validation and 24 verification review; 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 84 •HR 4367 RH (4) are used to inform policy planning and 1 budgeting processes within the Department of 2 Homeland Security; and 3 (5) are included in the budget materials sub- 4 mitted to Congress in support of the President’s an- 5 nual budget request pursuant to section 1105 of title 6 31, United States Code, for each fiscal year begin- 7 ning after the date of enactment of this Act and, for 8 such budget materials shall include— 9 (A) the most recent bimonthly estimates 10 developed pursuant to subsection (a); 11 (B) a description and quantification of the 12 estimates used to justify funding requests for 13 Department programs related to border secu- 14 rity, immigration enforcement, and immigration 15 services; 16 (C) a description and quantification of the 17 anticipated workload and requirements result- 18 ing from such estimates; and 19 (D) a confirmation as to whether the budg- 20 et requests for impacted agencies were devel- 21 oped using the same estimates. 22 (c) The Secretary shall share the bimonthly estimates 23 developed pursuant to subsection (a) with the Secretary 24 of Health and Human Services, the Attorney General, the 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 85 •HR 4367 RH Secretary of State, and the Committees on Appropriations 1 of the House of Representatives and the Senate. 2 SEC. 540. None of the funds appropriated or other- 3 wise made available by this Act may be made available 4 to establish or support the activities of: 5 (1) a Disinformation Governance Board at the 6 Department of Homeland Security, or any other en- 7 tity carrying out similar activities relating to mis-, 8 dis-, or mal-information in a similar manner or to a 9 similar extent to such a Board; or 10 (2) any entity responsible, directly or indirectly, 11 under color of countering mis-, dis-, or mal-informa- 12 tion or otherwise, for instructing, influencing, direct- 13 ing, or recommending that private companies censor, 14 prohibit, or obstruct lawful and constitutionally pro- 15 tected speech of United States persons on social 16 media platforms, including by— 17 (A) terminating speakers’ accounts; 18 (B) temporarily suspending accounts; 19 (C) imposing warnings or strikes against 20 accounts to stop future speech; 21 (D) ‘‘shadowbanning’’ speakers; 22 (E) demonetizing content or speakers; 23 (F) adjusting algorithms to suppress or de- 24 emphasize speakers or messages; 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 86 •HR 4367 RH (G) deboosting speakers or content; 1 (H) promoting or demoting content; 2 (I) placing warning labels or explanatory 3 notes on content; 4 (J) suppressing content in other users’ 5 feeds; 6 (K) promoting negative comments on 7 disfavored content; 8 (L) requiring additional click-through(s) to 9 access content; or 10 (M) any other such methods. 11 SEC. 541. None of the funds appropriated or other- 12 wise made available by this Act may be made available 13 to require an employee of the Department of Homeland 14 Security to receive a vaccination against COVID-19. 15 SEC. 542. None of the funds appropriated or other- 16 wise made available by this Act may be made available 17 to administer, implement, or enforce the rules entitled 18 ‘‘Amended Order Implementing Presidential Proclamation 19 on Advancing the Safe Resumption of Global Travel Dur- 20 ing the COVID–19 Pandemic’’ (87 Fed. Reg. 20405 et 21 seq.) or ‘‘Notification of Temporary Travel Restrictions 22 Applicable to Land Ports of Entry and Ferries Service Be- 23 tween the United States and Mexico’’ (87 Fed. Reg. 24 24041) (or any successor rules). 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 87 •HR 4367 RH SEC. 543. (a) None of the funds appropriated or oth- 1 erwise made available by this Act may be made available 2 to: 3 (1) classify or facilitate the classification of any 4 communications by a United States person as mis- 5 , dis-, or mal-information; or 6 (2) partner with or fund nonprofit or other or- 7 ganizations that in any way instruct, influence, di- 8 rect, or recommend that private companies in any 9 way censor, prohibit, or obstruct lawful and constitu- 10 tionally protected speech of United States persons 11 on social media platforms, including by— 12 (A) terminating speakers’ accounts; 13 (B) temporarily suspending accounts; 14 (C) imposing warnings or strikes against 15 accounts to stop future speech; 16 (D) ‘‘shadowbanning’’ speakers; 17 (E) demonetizing content or speakers; 18 (F) adjusting algorithms to suppress or de- 19 emphasize speakers or messages; 20 (G) deboosting speakers or content; 21 (H) promoting or demoting content; 22 (I) placing warning labels or explanatory 23 notes on content; 24 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 88 •HR 4367 RH (J) suppressing content in other users’ 1 feeds; 2 (K) promoting negative comments on 3 disfavored content; 4 (L) requiring additional click-through(s) to 5 access content; or 6 (M) any other such methods. 7 (b) Any officer or employee of the Federal Govern- 8 ment whose salary is funded by this Act and who conducts 9 any activity described in subsections (a)(1) or (a)(2) shall 10 be removed from the Federal service. 11 SEC. 544. None of the funds appropriated or other- 12 wise made available by this Act may be made available 13 to implement, administer, or enforce the rule related to 14 ‘‘Circumvention of Lawful Pathways’’ (88 Fed. Reg. 15 11704). 16 SEC. 545. None of the funds appropriated or other- 17 wise made available by this Act may be made available 18 to implement, administer, apply, enforce, or carry out the 19 Equity Action Plan of the Department of Homeland Secu- 20 rity, or Executive Order 13985 of January 20, 2021 (86 21 Fed. Reg. 7009, relating to advancing racial equity and 22 support for under-served communities through the federal 23 government), Executive Order 14035 of June 25, 2021 24 (86 Fed. Reg. 34593, relating to diversity, equity, inclu- 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 89 •HR 4367 RH sion, and accessibility in the federal workforce), Executive 1 Order 14091 of February 16, 2023 (88 Fed. Reg. 10825 2 relating to further advancing racial equity and support for 3 underserved communities through the federal government) 4 or any program, project, or activity that promotes or ad- 5 vances Critical Race Theory or any concept associated 6 with Critical Race Theory. 7 SEC. 546. None of the funds appropriated or other- 8 wise made available by this Act under the heading ‘‘Office 9 of the Secretary and Executive Management—Operations 10 and Support’’ may be made available for the purpose of 11 paying counsel outside the Federal Government— 12 (1) before the date on which all funds provided 13 in section 211(a)(1) of this Act are obligated; and 14 (2) to prepare for or defend against impeach- 15 ment. 16 SEC. 547. (a) None of the funds appropriated or oth- 17 erwise made available by this Act may be made available 18 to be used to purchase, maintain, or continue to operate 19 any Unmanned Aircraft Systems that are manufactured 20 in the People’s Republic of China or a country identified 21 as a foreign adversary in the Annual Threat Assessment 22 of the U.S. Intelligence Community or by an entity domi- 23 ciled in the People’s Republic of China or a country identi- 24 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 90 •HR 4367 RH fied as a foreign adversary in the most recent Annual 1 Threat Assessment of the U.S. Intelligence Community. 2 (b) Nothing in subsection (a) shall limit the use of 3 funds for counterintelligence, research and development, 4 test and evaluation, or counter Unmanned Aircraft Sys- 5 tem mitigation efforts, including the activities of the Coast 6 Guard authorized by section 8414 of Public Law 116–283 7 (14 U.S.C. 1156 note). 8 SEC. 548. (a) Section 538 of the Department of 9 Homeland Security Appropriations Act, 2022 (division F 10 of Public Law 117–103) is amended— 11 (1) in subsection (b), by striking ‘‘may’’ and in- 12 serting ‘‘shall’’; and 13 (2) by striking subsection (d) and inserting the 14 following: 15 ‘‘(d) Amounts in the Fund may not be ob- 16 ligated until after the date on which the Act 17 making full-year appropriations for the Depart- 18 ment of Homeland Security for the applicable 19 fiscal year is enacted into law, subject to sub- 20 section (e). 21 ‘‘(e) The Committees on Appropriations of 22 the House of Representatives and the Senate 23 shall be notified at least 15 days in advance of 24 the planned use of funds.’’. 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 91 •HR 4367 RH (b) The amendments made by this section shall apply 1 to amounts transferred under such section 538 on or after 2 the date of enactment of this Act. 3 SEC. 549. (a) None of the funds appropriated or oth- 4 erwise made available by this Act or any other Act shall 5 be used to execute an inspection of any detention facility 6 that is in a contractual agreement with U.S. Immigration 7 and Customs Enforcement for the provision of detention 8 services within six months of a previous inspection of such 9 facility. 10 (b) Subsection (a) shall not apply with respect to in- 11 spections executed by the Office of Inspector General. 12 SEC. 550. (a) None of the funds appropriated or oth- 13 erwise made available by this Act or any other Act shall 14 be used to execute an inspection of any detention facility 15 that is in a contractual agreement with U.S. Immigration 16 and Customs Enforcement for the provision of detention 17 services, except solely for compliance with the terms, con- 18 ditions, and standards found within the National Deten- 19 tion Standards 2019 for U.S. Immigration and Customs 20 Enforcement. 21 (b) Subsection (a) shall take effect for detention fa- 22 cilities operating under existing contracts, as of the date 23 of enactment of this Act, not later than 180 days after 24 the date of enactment of this Act. 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 92 •HR 4367 RH SEC. 551. None of the funds appropriated or other- 1 wise made available by this Act shall be used to admit 2 an alien, who is a national of the Republic of Chile, under 3 section 217 of the Immigration and Nationality Act (8 4 U.S.C. 1187), until the Secretary of Homeland Security 5 verifies that the Republic of Chile provides access to ap- 6 propriate criminal databases and the Department of 7 Homeland Security screens Chilean nationals against such 8 criminal databases. 9 SEC. 552. (a) In general.—Notwithstanding section 10 7 of title 1, United States Code, section 1738C of title 11 28, United States Code, or any other provision of law, 12 none of the funds provided by this Act, or previous appro- 13 priations Acts, shall be used in whole or in part to take 14 any discriminatory action against a person, wholly or par- 15 tially, on the basis that such person speaks, or acts, in 16 accordance with a sincerely held religious belief, or moral 17 conviction, that marriage is, or should be recognized as, 18 a union of one man and one woman. 19 (b) Discriminatory action defined.—As used in sub- 20 section (a), a discriminatory action means any action 21 taken by the Federal Government to— 22 (1) alter in any way the Federal tax treatment 23 of, or cause any tax, penalty, or payment to be as- 24 sessed against, or deny, delay, or revoke an exemp- 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 93 •HR 4367 RH tion from taxation under section 501(a) of the Inter- 1 nal Revenue Code of 1986 of, any person referred to 2 in subsection (a); 3 (2) disallow a deduction for Federal tax pur- 4 poses of any charitable contribution made to or by 5 such person; 6 (3) withhold, reduce the amount or funding for, 7 exclude, terminate, or otherwise make unavailable or 8 deny, any Federal grant, contract, subcontract, co- 9 operative agreement, guarantee, loan, scholarship, li- 10 cense, certification, accreditation, employment, or 11 other similar position or status from or to such per- 12 son; 13 (4) withhold, reduce, exclude, terminate, or oth- 14 erwise make unavailable or deny, any entitlement or 15 benefit under a Federal benefit program, including 16 admission to, equal treatment in, or eligibility for a 17 degree from an educational program, from or to 18 such person; or 19 (5) withhold, reduce, exclude, terminate, or oth- 20 erwise make unavailable or deny access or an entitle- 21 ment to Federal property, facilities, educational in- 22 stitutions, speech fora (including traditional, limited, 23 and nonpublic fora), or charitable fundraising cam- 24 paigns from or to such person. 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 94 •HR 4367 RH (c) Accreditation; Licensure; Certification.—The 1 Federal Government shall consider accredited, licensed, or 2 certified for purposes of Federal law any person that 3 would be accredited, licensed, or certified, respectively, for 4 such purposes but for a determination against such person 5 wholly or partially on the basis that the person speaks, 6 or acts, in accordance with a sincerely held religious belief 7 or moral conviction described in subsection (a). 8 (RESCISSIONS OF FUNDS) 9 SEC. 553. Of the funds appropriated to the Depart- 10 ment of Homeland Security, the following funds are here- 11 by rescinded from the following accounts and programs 12 in the specified amounts: Provided, That no amounts may 13 be rescinded from amounts that were designated by the 14 Congress as an emergency requirement pursuant to a con- 15 current resolution on the budget or the Balanced Budget 16 and Emergency Deficit Control Act of 1985: 17 (1) $800,000 from unobligated balances avail- 18 able in the ‘‘Office of the Secretary and Executive 19 Management—Operations and Support’’ account (70 20 23/24 0100). 21 (2) $4,100,000 from the unobligated balances 22 available in the ‘‘Management Directorate—Office of 23 the Chief Information Officer and Operations’’ ac- 24 count (70 X 0113). 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 95 •HR 4367 RH (3) $1,473,000 from the unobligated balances 1 available in the ‘‘U.S. Customs and Border Protec- 2 tion—Procurement, Construction, and Improve- 3 ments’’ account (70 X 0532). 4 (4) $1,842,000 from the unobligated balances 5 available in the ‘‘U.S. Customs and Border Protec- 6 tion—Border Security Fencing, Infrastructure, and 7 Technology’’ account (70 X 0533). 8 (5) $452,000 from the unobligated balances 9 available in the ‘‘U.S. Customs and Border Protec- 10 tion—Air and Marine Interdiction, Operations, 11 Maintenance, and Procurement’’ account (70 X 12 0544). 13 (6) $1,159,000,000 from the unobligated bal- 14 ances available under the heading ‘‘U.S. Customs 15 and Border Protection—Procurement, Construction, 16 and Improvements’’ of the amounts provided by 17 Public Law 116–93 for the construction of barrier 18 system along the southwest border. 19 (7) $945,000,000 from the unobligated bal- 20 ances available under the heading ‘‘U.S. Customs 21 and Border Protection—Procurement, Construction, 22 and Improvements’’ of the amounts provided by 23 Public Law 116–260 for the construction of barrier 24 system along the southwest border. 25 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00095 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 96 •HR 4367 RH (8) $3,000,000 from the unobligated balances 1 available in the ‘‘U.S. Immigration and Customs En- 2 forcement—Operations and Support’’ account (70 3 23/24 0540). 4 (9) $2,092,841 from the unobligated balances 5 available in the ‘‘U.S. Immigration and Customs En- 6 forcement—Operations and Support’’ account (70 X 7 0540). 8 (10) $10,439 from the unobligated balances 9 available in the ‘‘U.S. Immigration and Customs En- 10 forcement—Automation Modernization’’ account (70 11 X 0543). 12 (11) $154,515,000 from the unobligated bal- 13 ances available under the heading ‘‘Transportation 14 Security Administration—Operations and Support’’ 15 of the amounts provided by Public Law 117–328. 16 (12) $22,600,000 from the unobligated bal- 17 ances available in the ‘‘Coast Guard—Acquisition, 18 Construction, and Improvements’’ account (70 X 19 0613). 20 (13) $3,500,000 from the unobligated balances 21 available in the ‘‘Cybersecurity and Infrastructure 22 Security Agency—Procurement, Construction, and 23 Improvements’’ account (70 23/27 0412). 24 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 97 •HR 4367 RH (14) $2,000,000 from the unobligated balances 1 available in the ‘‘Cybersecurity and Infrastructure 2 Security Agency—Research and Development’’ ac- 3 count (70 23/24 0805). 4 (15) $5,821,000 from the unobligated balances 5 available in the ‘‘Federal Emergency Management 6 Agency—National Predisaster Mitigation Fund’’ ac- 7 count (70 X 0716). 8 (16) $800,000 from the unobligated balances 9 available in the ‘‘Federal Law Enforcement Training 10 Centers—Procurement, Construction, and Improve- 11 ments’’ account (70 20/24 0510). 12 (17) $900,000 from the unobligated balances 13 available in the ‘‘Science and Technology Direc- 14 torate—Operations and Support’’ account (70 X 15 0800). 16 (18) $388,522 from the unobligated balances 17 available in the ‘‘Countering Weapons of Mass De- 18 struction Office—Research and Development’’ ac- 19 count (70 22/24 0860). 20 (19) $11,478 from the unobligated balances 21 available in the ‘‘Countering Weapons of Mass De- 22 struction Office—Research and Development’’ ac- 23 count (70 X 0860). 24 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 98 •HR 4367 RH SEC. 554. Of the unobligated balances of amounts 1 made available under section 70001 of Public Law 117– 2 169, $312,000,000 are hereby rescinded. 3 SEC. 555. Of the unobligated balances of amounts 4 made available in the Department of Homeland Security 5 Nonrecurring Expenses Fund (70 X 1914), $3,800,000 6 are hereby rescinded. 7 SPENDING REDUCTION ACCOUNT 8 SEC. 556. The amount by which the applicable alloca- 9 tion of new budget authority made by the Committee on 10 Appropriations of the House of Representatives under sec- 11 tion 302(b) of the Congressional Budget Act of 1974 ex- 12 ceeds the amount of proposed new budget authority is $0. 13 This division may be cited as the ‘‘Department of 14 Homeland Security Appropriations Act, 2024’’. 15 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS 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 VerDate Sep 11 2014 00:17 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00100 Fmt 6651 Sfmt 6651 E:\BILLS\H4367.RH H4367 kjohnson on DSK79L0C42PROD with BILLS