[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4678 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 4678

 Making appropriations for the Department of Homeland Security for the 
     fiscal year ending September 30, 2023, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 28, 2022

  Mr. Murphy introduced the following bill; which was read twice and 
              referred to the Committee on Appropriations

_______________________________________________________________________

                                 A BILL


 
 Making appropriations for the Department of Homeland Security for the 
     fiscal year ending September 30, 2023, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the Department of Homeland Security for the fiscal 
year ending September 30, 2023, and for other purposes, namely:

                                TITLE I

    DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT

            Office of the Secretary and Executive Management

                         operations and support

    For necessary expenses of the Office of the Secretary and for 
executive management for operations and support, $306,045,000; of which 
$20,259,000 shall be for the Office of the Ombudsman for Immigration 
Detention, of which $3,048,000 shall remain available until September 
30, 2024:  Provided, That not to exceed $30,000 shall be for official 
reception and representation expenses.

                           federal assistance

                     (including transfer of funds)

    For necessary expenses of the Office of the Secretary and for 
executive management for Federal assistance through grants, contracts, 
cooperative agreements, and other activities, $20,000,000, which shall 
be transferred to ``Federal Emergency Management Agency--Federal 
Assistance'', of which $20,000,000 shall be for targeted violence and 
terrorism prevention grants, to remain available until September 30, 
2024.

                         Management Directorate

                         operations and support

    For necessary expenses of the Management Directorate for operations 
and support, including vehicle fleet modernization, $1,753,400,000, of 
which $76,000,000 shall remain available until September 30, 2024:  
Provided, That not to exceed $2,000 shall be for official reception and 
representation expenses.

              procurement, construction, and improvements

    For necessary expenses of the Management Directorate for 
procurement, construction, and improvements, $555,245,000, of which 
$165,245,000 shall remain available until September 30, 2025, and of 
which $390,000,000 shall remain available until September 30, 2027.

                       federal protective service

    The revenues and collections of security fees credited to this 
account shall be available until expended for necessary expenses 
related to the protection of federally owned and leased buildings and 
for the operations of the Federal Protective Service.

           Intelligence, Analysis, and Situational Awareness

                         operations and support

    For necessary expenses of the Office of Intelligence and Analysis 
and the Office of Homeland Security Situational Awareness for 
operations and support, $341,159,000, of which $119,792,000 shall 
remain available until September 30, 2024:  Provided, That not to 
exceed $3,825 shall be for official reception and representation 
expenses and not to exceed $2,000,000 is available for facility needs 
associated with secure space at fusion centers, including improvements 
to buildings.

                    Office of the Inspector General

                         operations and support

    For necessary expenses of the Office of the Inspector General for 
operations and support, $214,879,000:  Provided, That not less than 
$5,000,000 shall be used to review programs and operations of the 
United States Secret Service: Provided further, That not to exceed 
$300,000 may be used for certain confidential operational expenses, 
including the payment of informants, to be expended at the direction of 
the Inspector General.

                       Administrative Provisions

    Sec. 101. (a) The Secretary of Homeland Security shall submit a 
report not later than October 15, 2023, to the Inspector General of the 
Department of Homeland Security listing all grants and contracts 
awarded by any means other than full and open competition during fiscal 
years 2022 or 2023.
    (b) The Inspector General shall review the report required by 
subsection (a) to assess departmental compliance with applicable laws 
and regulations and report the results of that review to the Committees 
on Appropriations of the Senate and the House of Representatives not 
later than February 15, 2024.
    Sec. 102.  Not later than 30 days after the last day of each month, 
the Chief Financial Officer of the Department of Homeland Security 
shall submit to the Committees on Appropriations of the Senate and the 
House of Representatives a monthly budget and staffing report that 
includes total obligations of the Department for that month and for the 
fiscal year at the appropriation and program, project, and activity 
levels, by the source year of the appropriation.
    Sec. 103.  The Secretary of Homeland Security shall require that 
all contracts of the Department of Homeland Security that provide award 
fees link such fees to successful acquisition outcomes, which shall be 
specified in terms of cost, schedule, and performance.
    Sec. 104. (a) The Secretary of Homeland Security, in consultation 
with the Secretary of the Treasury, shall notify the Committees on 
Appropriations of the Senate and the House of Representatives of any 
proposed transfers of funds available under section 9705(g)(4)(B) of 
title 31, United States Code, from the Department of the Treasury 
Forfeiture Fund to any agency within the Department of Homeland 
Security.
    (b) None of the funds identified for such a transfer may be 
obligated until the Committees on Appropriations of the Senate and the 
House of Representatives are notified of the proposed transfer.
    Sec. 105.  All official costs associated with the use of Government 
aircraft by Department of Homeland Security personnel to support 
official travel of the Secretary and the Deputy Secretary shall be paid 
from amounts made available for the Office of the Secretary.
    Sec. 106. (a) The Under Secretary for Management shall brief the 
Committees on Appropriations of the Senate and the House of 
Representatives not later than 30 days after the end of each fiscal 
quarter on all Level 1 and Level 2 acquisition programs on the Master 
Acquisition Oversight list between Acquisition Decision Event 1 and 
Full Operational Capability, including programs that have been removed 
from such list during the preceding quarter.
    (b) For each such program without a department-approved acquisition 
program baseline, the briefing described in subsection (a) shall 
include--
            (1) a description of the purpose of the program, including 
        the capabilities being acquired and the component(s) sponsoring 
        the acquisition; and
            (2) the Acquisition Review Board status, including--
                    (A) the current acquisition phase;
                    (B) the date and purpose of the most recent review; 
                and
                    (C) whether the program has been paused or is in 
                breach status.
    (c) For each such program with a department-approved acquisition 
program baseline, the briefing described in subsection (a) shall 
include--
            (1) a description of the purpose of the program, including 
        the capabilities being acquired and the component(s) sponsoring 
        the acquisition;
            (2) the total number of units, as appropriate, to be 
        acquired annually until procurement is complete under the 
        current acquisition program baseline;
            (3) the Acquisition Review Board status, including--
                    (A) the current acquisition phase by increment, as 
                applicable;
                    (B) the date of the most recent review; and
                    (C) whether the program has been paused or is in 
                breach status;
            (4) a comparison between the initial Department-approved 
        acquisition program baseline cost, schedule, and performance 
        thresholds and objectives and the program's current such 
        thresholds and objectives, if applicable;
            (5) the lifecycle cost estimate, including--
                    (A) the confidence level for the estimate;
                    (B) the fiscal years included in the estimate; and
                    (C) a description of and rationale for any changes 
                to the estimate during the prior fiscal year;
            (6) a summary of the findings of any independent 
        verification and validation of the items to be acquired or an 
        explanation for why no such verification and validation has 
        been performed;
            (7) a table displaying the obligation of all program funds 
        by prior fiscal year, the estimated obligation of funds for the 
        current fiscal year, and an estimate for the planned carryover 
        of funds into the subsequent fiscal year;
            (8) a listing of prime contractors and major 
        subcontractors; and
            (9) narrative descriptions of risks to cost, schedule, or 
        performance that could result in a program breach if not 
        successfully mitigated.
    (d) The Under Secretary for Management shall submit each approved 
Acquisition Decision Memoranda for programs described in this section 
to the Committees on Appropriations of the Senate and the House of 
Representatives not later than 5 business days after the date of 
approval of such memorandum by the Under Secretary for Management or 
the designee of the Under Secretary.
    Sec. 107. (a) None of the funds made available to the Department of 
Homeland Security in this Act may be obligated for any pilot or 
demonstration program unless the component or office carrying out such 
pilot or demonstration has documented the information described in 
subsection (c).
    (b) Prior to the obligation of any such funds made available for 
``Operations and Support'' for a pilot or demonstration, the Under 
Secretary for Management shall provide a report to the Committees on 
Appropriations of the Senate and the House of Representatives on the 
information described in subsection (c).
    (c) The information required under subsections (a) and (b) for a 
pilot or demonstration shall include the following--
            (1) documented objectives that are well-defined and 
        measurable;
            (2) an assessment methodology that details--
                    (A) the type and source of assessment data;
                    (B) the methods for, and frequency of, collecting 
                such data; and
                    (C) how such data will be analyzed; and
            (3) an implementation plan, including milestones, cost 
        estimates, and implementation schedules, including a projected 
        end date.
    (d) Not later than 90 days after the date of completion of a pilot 
or demonstration, the Under Secretary for Management shall provide a 
report to the Committees on Appropriations of the Senate and the House 
of Representatives detailing lessons learned, actual costs, any planned 
expansion or continuation of the pilot or demonstration, and any 
planned transition of such pilot or demonstration into an enduring 
program or operation.
    (e) For the purposes of this section, a pilot or demonstration 
program is a study, demonstration, experimental program, or trial 
that--
            (1) is an experiment conducted in order to evaluate 
        feasibility, duration, costs, or adverse events, and improve 
        upon the design of an effort prior to implementation of a 
        larger scale effort; and
            (2) uses more than 10 full-time equivalents or obligates, 
        or proposes to obligate, $5,000,000 or more, but does not 
        include congressionally directed programs or enhancements and 
        does not include programs that were in operation as of March 
        15, 2022.

                                TITLE II

               SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   U.S. Customs and Border Protection

                         operations and support

                     (including transfer of funds)

    For necessary expenses of U.S. Customs and Border Protection for 
operations and support, including the transportation of unaccompanied 
alien minors; the provision of air and marine support to Federal, 
State, local, and international agencies in the enforcement or 
administration of laws enforced by the Department of Homeland Security; 
at the discretion of the Secretary of Homeland Security, the provision 
of such support to Federal, State, and local agencies in other law 
enforcement and emergency humanitarian efforts; the purchase and lease 
of up to 7,500 (6,500 for replacement only) police-type vehicles; the 
purchase, maintenance, or operation of marine vessels, aircraft, and 
unmanned aerial systems; and contracting with individuals for personal 
services abroad; $15,515,296,000; of which $3,274,000 shall be derived 
from the Harbor Maintenance Trust Fund for administrative expenses 
related to the collection of the Harbor Maintenance Fee pursuant to 
section 9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 
9505(c)(3)) and notwithstanding section 1511(e)(1) of the Homeland 
Security Act of 2002 (6 U.S.C. 551(e)(1)); of which $700,000,000 shall 
be available until September 30, 2024; and of which such sums as become 
available in the Customs User Fee Account, except sums subject to 
section 13031(f)(3) of the Consolidated Omnibus Budget Reconciliation 
Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account:  
Provided, That not to exceed $34,425 shall be for official reception 
and representation expenses:  Provided further, That not to exceed 
$150,000 shall be available for payment for rental space in connection 
with preclearance operations:  Provided further, That not to exceed 
$2,000,000 shall be for awards of compensation to informants, to be 
accounted for solely under the certificate of the Secretary of Homeland 
Security:  Provided further, That not to exceed $5,000,000 may be 
transferred to the Bureau of Indian Affairs for the maintenance and 
repair of roads on Native American reservations used by the U.S. Border 
Patrol.

              procurement, construction, and improvements

    For necessary expenses of U.S. Customs and Border Protection for 
procurement, construction, and improvements, including procurement of 
marine vessels, aircraft, and unmanned aerial systems, $548,975,000, of 
which $177,009,000 shall remain available until September 30, 2025; and 
of which $371,966,000 shall remain available until September 30, 2027.

                U.S. Immigration and Customs Enforcement

                         operations and support

                     (including transfer of funds)

    For necessary expenses of U.S. Immigration and Customs Enforcement 
for operations and support, including the purchase and lease of up to 
3,790 (2,350 for replacement only) police-type vehicles; overseas 
vetted units; and maintenance, minor construction, and minor leasehold 
improvements at owned and leased facilities; $8,038,280,000; of which 
not less than $6,000,000 shall remain available until expended for 
efforts to enforce laws against forced child labor; of which 
$46,696,000 shall remain available until September 30, 2024; of which 
not less than $1,500,000 is for paid apprenticeships for participants 
in the Human Exploitation Rescue Operative Child-Rescue Corps; of which 
not less than $15,000,000 shall be available for investigation of 
intellectual property rights violations, including operation of the 
National Intellectual Property Rights Coordination Center; and of which 
not less than $3,663,384,000 shall be for enforcement, detention, and 
removal operations, including transportation of unaccompanied alien 
minors:  Provided, That not to exceed $11,475 shall be for official 
reception and representation expenses:  Provided further, That not to 
exceed $10,000,000 shall be available until expended for conducting 
special operations under section 3131 of the Customs Enforcement Act of 
1986 (19 U.S.C. 2081):  Provided further, That not to exceed $2,000,000 
shall be for awards of compensation to informants, to be accounted for 
solely under the certificate of the Secretary of Homeland Security:  
Provided further, That $15,000,000, to remain available until September 
30, 2024, shall be transferred to ``Health and Human Services--
Administration for Children and Families--Refugee and Entrant 
Assistance'' for an Asylum Seeker Case Management Test Program:  
Provided further, That not to exceed $11,216,000 shall be available to 
fund or reimburse other Federal agencies for the costs associated with 
the care, maintenance, and repatriation of smuggled aliens unlawfully 
present in the United States.

              procurement, construction, and improvements

    For necessary expenses of U.S. Immigration and Customs Enforcement 
for procurement, construction, and improvements, $100,762,000, of which 
$22,997,000 shall remain available until September 30, 2025, and of 
which $77,765,000 shall remain available until September 30, 2027.

                 Transportation Security Administration

                         operations and support

    For necessary expenses of the Transportation Security 
Administration for operations and support, $8,677,075,000, to remain 
available until September 30, 2024:  Provided, That not to exceed 
$7,650 shall be for official reception and representation expenses:  
Provided further, That security service fees authorized under section 
44940 of title 49, United States Code, shall be credited to this 
appropriation as offsetting collections and shall be available only for 
aviation security:  Provided further, That the sum appropriated under 
this heading from the general fund shall be reduced on a dollar-for-
dollar basis as such offsetting collections are received during fiscal 
year 2023 so as to result in a final fiscal year appropriation from the 
general fund estimated at not more than $6,187,075,000.

              procurement, construction, and improvements

    For necessary expenses of the Transportation Security 
Administration for procurement, construction, and improvements, 
$119,345,000, to remain available until September 30, 2025.

                        research and development

    For necessary expenses of the Transportation Security 
Administration for research and development, $33,532,000, to remain 
available until September 30, 2024.

                              Coast Guard

                         operations and support

    For necessary expenses of the Coast Guard for operations and 
support including the Coast Guard Reserve; purchase or lease of not to 
exceed 25 passenger motor vehicles, which shall be for replacement 
only; purchase or lease of small boats for contingent and emergent 
requirements (at a unit cost of not more than $700,000) and repairs and 
service-life replacements, not to exceed a total of $31,000,000; 
purchase, lease, or improvements of boats necessary for overseas 
deployments and activities; payments pursuant to section 156 of Public 
Law 97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation and 
welfare; $9,698,639,000, of which $530,000,000 shall be for defense-
related activities; of which $24,500,000 shall be derived from the Oil 
Spill Liability Trust Fund to carry out the purposes of section 
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of 
which $5,000,000 shall remain available until September 30, 2025; of 
which $24,359,000 shall remain available until September 30, 2027, for 
environmental compliance and restoration; and of which $70,000,000 
shall remain available until September 30, 2024, which shall only be 
available for vessel depot level maintenance:  Provided, That not to 
exceed $23,000 shall be for official reception and representation 
expenses.

              procurement, construction, and improvements

    For necessary expenses of the Coast Guard for procurement, 
construction, and improvements, including aids to navigation, shore 
facilities (including facilities at Department of Defense installations 
used by the Coast Guard), and vessels and aircraft, including equipment 
related thereto, $1,925,510,000, to remain available until September 
30, 2027; of which $20,000,000 shall be derived from the Oil Spill 
Liability Trust Fund to carry out the purposes of section 1012(a)(5) of 
the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)).

                        research and development

    For necessary expenses of the Coast Guard for research and 
development; and for maintenance, rehabilitation, lease, and operation 
of facilities and equipment; $7,476,000, to remain available until 
September 30, 2025, of which $500,000 shall be derived from the Oil 
Spill Liability Trust Fund to carry out the purposes of section 
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)):  
Provided, That there may be credited to and used for the purposes of 
this appropriation funds received from State and local governments, 
other public authorities, private sources, and foreign countries for 
expenses incurred for research, development, testing, and evaluation.

                              retired pay

    For retired pay, including the payment of obligations otherwise 
chargeable to lapsed appropriations for this purpose, payments under 
the Retired Serviceman's Family Protection and Survivor Benefits Plans, 
payment for career status bonuses, payment of continuation pay under 
section 356 of title 37, United States Code, concurrent receipts, 
combat-related special compensation, and payments for medical care of 
retired personnel and their dependents under chapter 55 of title 10, 
United States Code, $2,044,414,000, to remain available until expended.

                      United States Secret Service

                         operations and support

    For necessary expenses of the United States Secret Service for 
operations and support, including purchase of not to exceed 652 
vehicles for police-type use; hire of passenger motor vehicles; 
purchase of motorcycles made in the United States; hire of aircraft; 
rental of buildings in the District of Columbia; fencing, lighting, 
guard booths, and other facilities on private or other property not in 
Government ownership or control, as may be necessary to perform 
protective functions; conduct of and participation in firearms matches; 
presentation of awards; conduct of behavioral research in support of 
protective intelligence and operations; payment in advance for 
commercial accommodations as may be necessary to perform protective 
functions; and payment, without regard to section 5702 of title 5, 
United States Code, of subsistence expenses of employees who are on 
protective missions, whether at or away from their duty stations; 
$2,652,010,000; of which $52,296,000 shall remain available until 
September 30, 2024, and of which $6,000,000 shall be for a grant for 
activities related to investigations of missing and exploited children; 
and of which up to $17,000,000 may be for calendar year 2022 premium 
pay in excess of the annual equivalent of the limitation on the rate of 
pay contained in section 5547(a) of title 5, United States Code, 
pursuant to section 2 of the Overtime Pay for Protective Services Act 
of 2016 (5 U.S.C. 5547 note), as last amended by Public Law 116-269:  
Provided, That not to exceed $19,125 shall be for official reception 
and representation expenses:  Provided further, That not to exceed 
$100,000 shall be to provide technical assistance and equipment to 
foreign law enforcement organizations in criminal investigations within 
the jurisdiction of the United States Secret Service.

              procurement, construction, and improvements

    For necessary expenses of the United States Secret Service for 
procurement, construction, and improvements, $77,888,000, to remain 
available until September 30, 2025.

                        research and development

    For necessary expenses of the United States Secret Service for 
research and development, $4,025,000, to remain available until 
September 30, 2024.

                       Administrative Provisions

    Sec. 201.  Section 201 of the Department of Homeland Security 
Appropriations Act, 2018 (division F of Public Law 115-141), related to 
overtime compensation limitations, shall apply with respect to funds 
made available in this Act in the same manner as such section applied 
to funds made available in that Act, except that ``fiscal year 2023'' 
shall be substituted for ``fiscal year 2018''.
    Sec. 202.  Funding made available under the headings ``U.S. Customs 
and Border Protection--Operations and Support'' and ``U.S. Customs and 
Border Protection--Procurement, Construction, and Improvements'' shall 
be available for customs expenses when necessary to maintain operations 
and prevent adverse personnel actions in Puerto Rico and the U.S. 
Virgin Islands, in addition to funding provided by sections 740 and 
1406i of title 48, United States Code.
    Sec. 203.  As authorized by section 601(b) of the United States-
Colombia Trade Promotion Agreement Implementation Act (Public Law 112-
42), fees collected from passengers arriving from Canada, Mexico, or an 
adjacent island pursuant to section 13031(a)(5) of the Consolidated 
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall 
be available until expended.
    Sec. 204. (a) For an additional amount for ``U.S. Customs and 
Border Protection--Operations and Support'', $31,000,000, to remain 
available until expended, to be reduced by amounts collected and 
credited to this appropriation in fiscal year 2023 from amounts 
authorized to be collected by section 286(i) of the Immigration and 
Nationality Act (8 U.S.C. 1356(i)), section 10412 of the Farm Security 
and Rural Investment Act of 2002 (7 U.S.C. 8311), and section 817 of 
the Trade Facilitation and Trade Enforcement Act of 2015 (Public Law 
114-125), or other such authorizing language.
    (b) To the extent that amounts realized from such collections 
exceed $31,000,000, those amounts in excess of $31,000,000 shall be 
credited to this appropriation, to remain available until expended.
    Sec. 205.  None of the funds made available in this Act for U.S. 
Customs and Border Protection may be used to prevent an individual not 
in the business of importing a prescription drug (within the meaning of 
section 801(g) of the Federal Food, Drug, and Cosmetic Act) from 
importing a prescription drug from Canada that complies with the 
Federal Food, Drug, and Cosmetic Act:  Provided, That this section 
shall apply only to individuals transporting on their person a 
personal-use quantity of the prescription drug, not to exceed a 90-day 
supply:  Provided further, That the prescription drug may not be--
            (1) a controlled substance, as defined in section 102 of 
        the Controlled Substances Act (21 U.S.C. 802); or
            (2) a biological product, as defined in section 351 of the 
        Public Health Service Act (42 U.S.C. 262).
    Sec. 206. (a) Notwithstanding any other provision of law, none of 
the funds provided in this or any other Act shall be used to approve a 
waiver of the navigation and vessel-inspection laws pursuant to section 
501(b) of title 46, United States Code, for the transportation of crude 
oil distributed from and to the Strategic Petroleum Reserve until the 
Secretary of Homeland Security, after consultation with the Secretaries 
of the Departments of Energy and Transportation and representatives 
from the United States flag maritime industry, takes adequate measures 
to ensure the use of United States flag vessels.
    (b) The Secretary shall notify the Committees on Appropriations of 
the Senate and the House of Representatives, the Committee on Commerce, 
Science, and Transportation of the Senate, and the Committee on 
Transportation and Infrastructure of the House of Representatives 
within 2 business days of any request for waivers of navigation and 
vessel-inspection laws pursuant to section 501(b) of title 46, United 
States Code, with respect to such transportation, and the disposition 
of such requests.
    Sec. 207. (a) Beginning on the date of enactment of this Act, the 
Secretary of Homeland Security shall not--
            (1) establish, collect, or otherwise impose any new border 
        crossing fee on individuals crossing the Southern border or the 
        Northern border at a land port of entry; or
            (2) conduct any study relating to the imposition of a 
        border crossing fee.
    (b) In this section, the term ``border crossing fee'' means a fee 
that every pedestrian, cyclist, and driver and passenger of a private 
motor vehicle is required to pay for the privilege of crossing the 
Southern border or the Northern border at a land port of entry.
    Sec. 208. (a) Not later than 90 days after the date of enactment of 
this Act, the Secretary of Homeland Security shall submit an 
expenditure plan for any amounts made available for ``U.S. Customs and 
Border Protection--Procurement, Construction, and Improvements'' in 
this Act and prior Acts to the Committees on Appropriations of the 
Senate and the House of Representatives.
    (b) No such amounts may be obligated prior to the submission of 
such plan.
    Sec. 209.  Section 211 of the Department of Homeland Security 
Appropriations Act, 2021 (division F of Public Law 116-260), 
prohibiting the use of funds for the construction of fencing in certain 
areas, shall apply with respect to funds made available in this Act in 
the same manner as such section applied to funds made available in that 
Act.
    Sec. 210. (a) The unobligated balances of amounts specified in 
paragraphs (1) through (5) of section 230(a) of division F of the 
Consolidated Appropriations Act, 2018 (Public Law 115-141), section 
230(a)(1) of division A of the Consolidated Appropriations Act, 2019 
(Public Law 116-6), section 209(a)(1) of division D of the Consolidated 
Appropriations Act, 2020 (Public Law 116-93), and section 210 of 
division F of the Consolidated Appropriations Act, 2021 (Public Law 
116-260) shall, in addition to the purposes for which they were 
originally appropriated, be available for--
            (1) the construction and improvement of roads along the 
        southwest border;
            (2) control of vegetation along the southwest border that 
        creates obstacles to the detection of illegal entry;
            (3) remediation and environmental mitigation, including 
        scientific studies, related to border barrier construction, 
        including barrier construction undertaken by the Department of 
        Defense; and
            (4) the acquisition and deployment of border security 
        technology at and between ports of entry along the southwest 
        border.
    (b) Amounts repurposed by this section shall be in addition to any 
other amounts made available for such purposes.
    Sec. 211.  The Secretary of Homeland Security may transfer up to 
$200,000,000 in unobligated balances available from prior 
appropriations Acts under the heading ``U.S. Customs and Border 
Protection--Procurement, Construction, and Improvements'' to the 
Department of the Interior (including any agency or bureau within the 
Department of the Interior) or the Forest Service within the Department 
of Agriculture for the execution of environmental and other mitigation 
projects or activities, including the acquisition of land and 
scientific studies, related to the construction of border barriers on 
the southwest border during fiscal years 2017 through 2021 by U.S. 
Customs and Border Protection and the Department of Defense.
    Sec. 212.  Section 230(b) of division F of the Consolidated 
Appropriations Act, 2018 (Public Law 115-141), section 230(b) of 
division A of the Consolidated Appropriations Act, 2019 (Public Law 
116-6), section 209(b) of division D of the Consolidated Appropriations 
Act, (Public Law 116-93) (including with respect to section 210 of 
division F of the Consolidated Appropriations Act, 2021 (Public Law 
116-260)) shall no longer apply.
    Sec. 213. (a) Funds made available in this Act may be used to alter 
operations within the National Targeting Center of U.S. Customs and 
Border Protection.
    (b) None of the funds provided by this Act, provided by previous 
appropriations Acts that remain available for obligation or expenditure 
in fiscal year 2023, or provided from any accounts in the Treasury of 
the United States derived by the collection of fees available to the 
components funded by this Act, may be used to reduce anticipated or 
planned vetting operations at existing locations unless specifically 
authorized by a statute enacted after the date of enactment of this 
Act.
    Sec. 214.  None of the funds provided under the heading ``U.S. 
Immigration and Customs Enforcement--Operations and Support'' may be 
used to continue a delegation of law enforcement authority authorized 
under section 287(g) of the Immigration and Nationality Act (8 U.S.C. 
1357(g)) if the Department of Homeland Security Inspector General 
determines that the terms of the agreement governing the delegation of 
authority have been materially violated.
    Sec. 215. (a) None of the funds provided under the heading ``U.S. 
Immigration and Customs Enforcement--Operations and Support'' may be 
used to continue any contract for the provision of detention services 
if the two most recent overall performance evaluations received by the 
contracted facility are less than ``adequate'' or the equivalent median 
score in any subsequent performance evaluation system.
    (b) The performance evaluations referenced in subsection (a) shall 
be conducted by the U.S. Immigration and Customs Enforcement Office of 
Professional Responsibility.
    Sec. 216.  The reports required to be submitted under section 216 
of the Department of Homeland Security Appropriations Act, 2021 
(division F of Public Law 116-260) shall continue to be submitted 
semimonthly and each matter required to be included in such report by 
such section 216 shall apply in the same manner and to the same extent 
during the period described in this section.
    Sec. 217.  The terms and conditions of sections 216 and 217 of the 
Department of Homeland Security Appropriations Act, 2020 (division D of 
Public Law 116-93) shall apply to this Act.
    Sec. 218. (a) None of the funds provided under the heading ``U.S. 
Immigration and Customs Enforcement--Operations and Support'' may be 
used to engage in civil immigration enforcement activities, such as 
arrests, expulsions, custodial detention, removals, or referrals, 
processing, or issuance of charging documents, using Homeland Security 
Investigations personnel, resources, or capabilities, absent probable 
cause that the individual facing such enforcement action has been 
convicted of a criminal offense, excluding State, local, or Federal 
offenses for which an essential element was the noncitizen's 
immigration status.
    (b) For the purposes of this section, criminal offenses for which 
an essential element was the noncitizen's immigration status includes, 
but is not limited to, offenses identified in sections 264, 266(a) or 
(b), 275, or 276 of the Immigration and Nationality Act and State and 
local offenses for which an essential element was the noncitizen's 
immigration status.
    Sec. 219.  Not later than 60 days after the date of enactment of 
this Act, the Director shall ensure that all persons who come into the 
custody of U.S. Immigration and Customs Enforcement, undergo an 
individualized assessment examining the necessity of continued 
detention within 30 days of coming into such custody:  Provided, That 
for the purpose of such assessment, adjudicating officers shall 
consider a continuum of custody options, which may include a 
combination of legal or physical custody options, including, but not 
limited to, release on recognizance or supervision, conditions on 
release, release, and alternatives to detention programs, and shall 
consider whether the person represents a specific danger to the public 
or a serious risk of flight:  Provided further, That after full 
consideration as described above, and notwithstanding any other 
provision of law, adjudicating officers shall select the least 
restrictive form of custody:  Provided further, That for the purposes 
of this section, custody shall mean either legal or physical custody of 
the person that is a restraint on liberty not shared by the public 
generally, including conditions on release, restrictions on liberty, 
reporting requirements, and other methods, but does not necessarily 
mean detention.
    Sec. 220.  Members of the United States House of Representatives 
and the United States Senate, including the leadership; the heads of 
Federal agencies and commissions, including the Secretary, Deputy 
Secretary, Under Secretaries, and Assistant Secretaries of the 
Department of Homeland Security; the United States Attorney General, 
Deputy Attorney General, Assistant Attorneys General, and the United 
States Attorneys; and senior members of the Executive Office of the 
President, including the Director of the Office of Management and 
Budget, shall not be exempt from Federal passenger and baggage 
screening.
    Sec. 221.  Any award by the Transportation Security Administration 
to deploy explosives detection systems shall be based on risk, the 
airport's current reliance on other screening solutions, lobby 
congestion resulting in increased security concerns, high injury rates, 
airport readiness, and increased cost effectiveness.
    Sec. 222.  Notwithstanding section 44923 of title 49, United States 
Code, for fiscal year 2023, any funds in the Aviation Security Capital 
Fund established by section 44923(h) of title 49, United States Code, 
may be used for the procurement and installation of explosives 
detection systems or for the issuance of other transaction agreements 
for the purpose of funding projects described in section 44923(a) of 
such title.
    Sec. 223.  Not later than 30 days after the submission of the 
President's budget proposal, the Administrator of the Transportation 
Security Administration shall submit to the Committees on 
Appropriations and Commerce, Science, and Transportation of the Senate 
and the Committees on Appropriations and Homeland Security in the House 
of Representatives a single report that fulfills the following 
requirements:
            (1) a Capital Investment Plan that includes a plan for 
        continuous and sustained capital investment in new, and the 
        replacement of aged, transportation security equipment;
            (2) the 5-year technology investment plan as required by 
        section 1611 of title XVI of the Homeland Security Act of 2002, 
        as amended by section 3 of the Transportation Security 
        Acquisition Reform Act (Public Law 113-245); and
            (3) the Advanced Integrated Passenger Screening 
        Technologies report as required by the Senate Report 
        accompanying the Department of Homeland Security Appropriations 
        Act, 2019 (Senate Report 115-283).
    Sec. 224. (a) None of the funds made available by this Act under 
the heading ``Coast Guard--Operations and Support'' shall be for 
expenses incurred for recreational vessels under section 12114 of title 
46, United States Code, except to the extent fees are collected from 
owners of yachts and credited to the appropriation made available by 
this Act under the heading ``Coast Guard--Operations and Support''.
    (b) To the extent such fees are insufficient to pay expenses of 
recreational vessel documentation under such section 12114, and there 
is a backlog of recreational vessel applications, personnel performing 
non-recreational vessel documentation functions under subchapter II of 
chapter 121 of title 46, United States Code, may perform documentation 
under section 12114.
    Sec. 225.  Without regard to the limitation as to time and 
condition of section 503(d) of this Act, after June 30, in accordance 
with the notification requirement described in subsection (b) of such 
section, up to the following amounts may be reprogrammed within ``Coast 
Guard--Operations and Support''--
            (1) $10,000,000 to or from the ``Military Personnel'' 
        funding category; and
            (2) $10,000,000 between the ``Field Operations'' funding 
        subcategories.
    Sec. 226.  Notwithstanding any other provision of law, the 
Commandant of the Coast Guard shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives a future-
years capital investment plan as described in the second proviso under 
the heading ``Coast Guard--Acquisition, Construction, and 
Improvements'' in the Department of Homeland Security Appropriations 
Act, 2015 (Public Law 114-4), which shall be subject to the 
requirements in the third and fourth provisos under such heading.
    Sec. 227.  Of the funds made available for defense-related 
activities under the heading ``Coast Guard--Operations and Support'', 
up to $190,000,000 that are used for enduring overseas missions in 
support of the global fight against terrorism may be reallocated by 
program, project, and activity, notwithstanding section 503 of this 
Act.
    Sec. 228.  None of the funds in this Act shall be used to reduce 
the Coast Guard's legacy Operations Systems Center mission or its 
government-employed or contract staff levels.
    Sec. 229.  None of the funds appropriated by this Act may be used 
to conduct, or to implement the results of, a competition under Office 
of Management and Budget Circular A-76 for activities performed with 
respect to the Coast Guard National Vessel Documentation Center.
    Sec. 230.  Funds made available in this Act may be used to alter 
operations within the Civil Engineering Program of the Coast Guard 
nationwide, including civil engineering units, facilities design and 
construction centers, maintenance and logistics commands, and the Coast 
Guard Academy, except that none of the funds provided in this Act may 
be used to reduce operations within any civil engineering unit unless 
specifically authorized by a statute enacted after the date of 
enactment of this Act.
    Sec. 231.  Amounts deposited into the Coast Guard Housing Fund in 
fiscal year 2023 shall be available until expended to carry out the 
purposes of section 2946 of title 14, United States Code, and shall be 
in addition to funds otherwise available for such purposes.
    Sec. 232. (a) Notwithstanding section 2110 of title 46, United 
States Code, none of the funds made available in this Act shall be used 
to charge a fee for an inspection of a towing vessel, as defined in 46 
CFR 136.110, that utilizes the Towing Safety Management System option 
for a Certificate of Inspection issued under subchapter M of title 46, 
Code of Federal Regulations.
    (b) Subsection (a) shall not apply after the date the Commandant of 
the Coast Guard makes a determination under section 815(a) of the Frank 
LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115-282) 
and, as necessary based on such determination, carries out the 
requirements of section 815(b) of such Act.
    Sec. 233.  The United States Secret Service is authorized to 
obligate funds in anticipation of reimbursements from executive 
agencies, as defined in section 105 of title 5, United States Code, for 
personnel receiving training sponsored by the James J. Rowley Training 
Center, except that total obligations at the end of the fiscal year 
shall not exceed total budgetary resources available under the heading 
``United States Secret Service--Operations and Support'' at the end of 
the fiscal year.
    Sec. 234. (a) None of the funds made available to the United States 
Secret Service by this Act or by previous appropriations Acts may be 
made available for the protection of the head of a Federal agency other 
than the Secretary of Homeland Security.
    (b) The Director of the United States Secret Service may enter into 
agreements to provide such protection on a fully reimbursable basis.
    Sec. 235.  For purposes of section 503(a)(3) of this Act, up to 
$15,000,000 may be reprogrammed within ``United States Secret Service--
Operations and Support''.
    Sec. 236.  Funding made available in this Act for ``United States 
Secret Service--Operations and Support'' is available for travel of 
United States Secret Service employees on protective missions without 
regard to the limitations on such expenditures in this or any other Act 
if the Director of the United States Secret Service or a designee 
notifies the Committees on Appropriations of the Senate and the House 
of Representatives 10 or more days in advance, or as early as 
practicable, prior to such expenditures.
    Sec. 237.  Of the amounts made available by this Act under the 
heading ``United States Secret Service--Operations and Support'', 
$9,500,000, to remain available until expended, shall be distributed as 
a grant or cooperative agreement for existing National Computer 
Forensics Institute facilities currently used by the United States 
Secret Service to carry out activities under section 383 of title 6, 
United States Code, of which not to exceed 5 percent, or the applicable 
negotiated rate, shall be for the administrative costs of the 
Department of Homeland Security in carrying out this section.

                               TITLE III

            PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

            Cybersecurity and Infrastructure Security Agency

                         operations and support

    For necessary expenses of the Cybersecurity and Infrastructure 
Security Agency for operations and support, $2,324,925,000, of which 
$36,293,000 shall remain available until September 30, 2024:  Provided, 
That not to exceed $3,825 shall be for official reception and 
representation expenses.

              procurement, construction, and improvements

    For necessary expenses of the Cybersecurity and Infrastructure 
Security Agency for procurement, construction, and improvements, 
$582,994,000, to remain available until September 30, 2025.

                        research and development

    For necessary expenses of the Cybersecurity and Infrastructure 
Security Agency for research and development, $3,931,000, to remain 
available until September 30, 2024.

                  Federal Emergency Management Agency

                         operations and support

    For necessary expenses of the Federal Emergency Management Agency 
for operations and support, $1,530,713,000:  Provided, That not to 
exceed $2,250 shall be for official reception and representation 
expenses.

              procurement, construction, and improvements

    For necessary expenses of the Federal Emergency Management Agency 
for procurement, construction, and improvements, $188,919,000, of which 
$122,025,000 shall remain available until September 30, 2025, and of 
which $66,894,000 shall remain available until September 30, 2027.

                           federal assistance

                     (including transfer of funds)

    For activities of the Federal Emergency Management Agency for 
Federal assistance through grants, contracts, cooperative agreements, 
and other activities, $3,875,619,000, which shall be allocated as 
follows:
            (1) $510,000,000 for the State Homeland Security Grant 
        Program under section 2004 of the Homeland Security Act of 2002 
        (6 U.S.C. 605), of which $90,000,000 shall be for Operation 
        Stonegarden and $15,000,000 shall be for Tribal Homeland 
        Security Grants under section 2005 of the Homeland Security Act 
        of 2002 (6 U.S.C. 606):  Provided, That notwithstanding 
        subsection (c)(4) of such section 2004, for fiscal year 2023, 
        the Commonwealth of Puerto Rico shall make available to local 
        and tribal governments amounts provided to the Commonwealth of 
        Puerto Rico under this paragraph in accordance with subsection 
        (c)(1) of such section 2004.
            (2) $605,000,000 for the Urban Area Security Initiative 
        under section 2003 of the Homeland Security Act of 2002 (6 
        U.S.C. 604).
            (3) $360,000,000 is for the Nonprofit Security Grant 
        Program under sections 2003 and 2004 of the Homeland Security 
        Act of 2002 (6 U.S.C. 604 and 605), of which $180,000,000 is 
        for eligible recipients located in high-risk urban areas that 
        receive funding under section 2003 of such Act, and 
        $180,000,000 is for eligible recipients that are located 
        outside such areas:  Provided, That eligible recipients are 
        those described in section 2009(b) of such Act (6 U.S.C. 
        609a(b)) or are an otherwise eligible recipient at risk of a 
        terrorist or other extremist attack.
            (4) $105,000,000 for Public Transportation Security 
        Assistance, Railroad Security Assistance, and Over-the-Road Bus 
        Security Assistance under sections 1406, 1513, and 1532 of the 
        Implementing Recommendations of the 9/11 Commission Act of 2007 
        (6 U.S.C. 1135, 1163, and 1182), of which $10,000,000 shall be 
        for Amtrak security and $2,000,000 shall be for Over-the-Road 
        Bus Security:  Provided, That such public transportation 
        security assistance shall be provided directly to public 
        transportation agencies.
            (5) $100,000,000 for Port Security Grants in accordance 
        with section 70107 of title 46, United States Code.
            (6) $740,000,000, to remain available until September 30, 
        2024, of which $370,000,000 shall be for Assistance to 
        Firefighter Grants and $370,000,000 shall be for Staffing for 
        Adequate Fire and Emergency Response Grants under sections 33 
        and 34, respectively, of the Federal Fire Prevention and 
        Control Act of 1974 (15 U.S.C. 2229 and 2229a).
            (7) $355,000,000 for emergency management performance 
        grants under the National Flood Insurance Act of 1968 (42 
        U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief 
        and Emergency Assistance Act (42 U.S.C. 5121), the Earthquake 
        Hazards Reduction Act of 1977 (42 U.S.C. 7701), section 762 of 
        title 6, United States Code, and Reorganization Plan No. 3 of 
        1978 (5 U.S.C. App.).
            (8) $275,500,000 for necessary expenses for Flood Hazard 
        Mapping and Risk Analysis, in addition to and to supplement any 
        other sums appropriated under the National Flood Insurance 
        Fund, and such additional sums as may be provided by States or 
        other political subdivisions for cost-shared mapping activities 
        under section 1360(f)(2) of the National Flood Insurance Act of 
        1968 (42 U.S.C. 4101(f)(2)), to remain available until 
        expended.
            (9) $12,000,000 for Regional Catastrophic Preparedness 
        Grants.
            (10) $12,000,000 for Rehabilitation of High Hazard 
        Potential Dams under section 8A of the National Dam Safety 
        Program Act (33 U.S.C. 467f-2).
            (11) $130,000,000 for the emergency food and shelter 
        program under title III of the McKinney-Vento Homeless 
        Assistance Act (42 U.S.C. 11331), to remain available until 
        September 30, 2024:  Provided, That not to exceed 3.5 percent 
        shall be for total administrative costs.
            (12) $200,000,000 for the emergency food and shelter 
        program under title III of the McKinney-Vento Homeless 
        Assistance Act (42 U.S.C. 11331), to remain available until 
        September 30, 2024, for the purpose of providing shelter and 
        other services to families and individuals encountered by the 
        Department of Homeland Security:  Provided, That not to exceed 
        5 percent shall be for total administrative costs:  Provided 
        further, That notwithstanding sections 313(a) and 316 of such 
        Act, up to $50,000,000 of the funds made available in this 
        paragraph may be used for the construction of new, and the 
        expansion of existing, shelter facilities:  Provided further, 
        That notwithstanding section 311 of such Act, funds made 
        available for the purposes described in the preceding proviso 
        may be awarded to the Emergency Food and Shelter Program 
        National Board up to 6 months after the date of enactment of 
        this Act and, notwithstanding sections 315 and 316(b) of such 
        Act, funds made available in the preceding proviso may be 
        disbursed by the Emergency Food and Shelter Program National 
        Board up to 24 months after the date on which such funds become 
        available:  Provided further, That the Emergency Food and 
        Shelter Program National Board shall distribute funds made 
        available in this paragraph only to jurisdictions or local 
        recipient organizations serving communities that such Board 
        determines have experienced a significant increase of such 
        families and individuals.
            (13) $40,000,000 for the Next Generation Warning System.
            (14) $115,000,000 for Congressionally Directed Spending 
        grants, which shall be for the purposes, and the amounts, 
        specified in the table entitled ``Congressionally Directed 
        Spending Items'' in the explanatory statement accompanying this 
        Act, of which--
                    (A) $36,392,000, in addition to amounts otherwise 
                made available for such purpose, is for emergency 
                operations center grants under section 614 of the 
                Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act (42 U.S.C. 5196c);
                    (B) $77,608,000, in addition to amounts otherwise 
                made available for such purpose, is for pre-disaster 
                mitigation grants under section 203 of the Robert T. 
                Stafford Disaster Relief and Emergency Assistance Act 
                (42 U.S.C. 5133(e), notwithstanding subsections (f), 
                (g), and (l) of that section (42 U.S.C. 5133(f), (g), 
                (l)); and
                    (C) $1,000,000 shall be transferred to ``Federal 
                Emergency Management Agency--Operations and Support'', 
                to manage and administer Congressionally Directed 
                Spending grants.
            (15) $316,119,000 to sustain current operations for 
        training, exercises, technical assistance, and other programs.

                          disaster relief fund

    For necessary expenses in carrying out the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
$19,945,000,000, to remain available until expended, shall be for major 
disasters declared pursuant to the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and is designated 
by the Congress as being for disaster relief pursuant to a concurrent 
resolution on the budget.

                     national flood insurance fund

    For activities under the National Flood Insurance Act of 1968 (42 
U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42 
U.S.C. 4001 et seq.), the Biggert-Waters Flood Insurance Reform Act of 
2012 (Public Law 112-141, 126 Stat. 916), and the Homeowner Flood 
Insurance Affordability Act of 2014 (Public Law 113-89; 128 Stat. 
1020), $225,000,000, to remain available until September 30, 2024, 
which shall be derived from offsetting amounts collected under section 
1308(d) of the National Flood Insurance Act of 1968 (42 U.S.C. 
4015(d)); of which $18,500,000 shall be available for mission support 
associated with flood management; and of which $206,500,000 shall be 
available for flood plain management and flood mapping:  Provided, That 
any additional fees collected pursuant to section 1308(d) of the 
National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)) shall be 
credited as offsetting collections to this account, to be available for 
flood plain management and flood mapping:  Provided further, That in 
fiscal year 2023, no funds shall be available from the National Flood 
Insurance Fund under section 1310 of the National Flood Insurance Act 
of 1968 (42 U.S.C. 4017) in excess of--
            (1) $223,770,000 for operating expenses and salaries and 
        expenses associated with flood insurance operations;
            (2) $960,647,000 for commissions and taxes of agents;
            (3) such sums as are necessary for interest on Treasury 
        borrowings; and
            (4) $175,000,000, which shall remain available until 
        expended, for flood mitigation actions and for flood mitigation 
        assistance under section 1366 of the National Flood Insurance 
        Act of 1968 (42 U.S.C. 4104c), notwithstanding sections 1366(e) 
        and 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017):
  Provided further, That the amounts collected under section 102 of the 
Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) and section 
1366(e) of the National Flood Insurance Act of 1968 (42 U.S.C. 
4104c(e)), shall be deposited in the National Flood Insurance Fund to 
supplement other amounts specified as available for section 1366 of the 
National Flood Insurance Act of 1968, notwithstanding section 
102(f)(8), section 1366(e) of the National Flood Insurance Act of 1968, 
and paragraphs (1) through (3) of section 1367(b) of such Act (42 
U.S.C. 4012a(f)(8), 4104c(e), 4104d(b)(1)-(3)):  Provided further, That 
total administrative costs shall not exceed 4 percent of the total 
appropriation:  Provided further, That up to $5,000,000 is available to 
carry out section 24 of the Homeowner Flood Insurance Affordability Act 
of 2014 (42 U.S.C. 4033).

                       Administrative Provisions

                     (including transfer of funds)

    Sec. 301. (a) Funds made available under the heading 
``Cybersecurity and Infrastructure Security Agency--Operations and 
Support'' may be made available for the necessary expenses of carrying 
out the competition specified in section 2(e) of Executive Order No. 
13870 (May 2, 2019), including the provision of monetary and non-
monetary awards for Federal civilian employees and members of the 
uniformed services, the necessary expenses for the honorary recognition 
of any award recipients, and activities to encourage participation in 
the competition, including promotional items.
    (b) Any awards made pursuant to this section shall be of the same 
type and amount as those authorized under sections 4501 through 4505 of 
title 5, United States Code.
    Sec. 302.  Notwithstanding sections 204(e)(1)(A) and 204(e)(1)(B) 
of the Homeland Security Act of 2002 (6 U.S.C. 605(e)(1)(A) and 
605(e)(1)(B)), the meaning of ``total funds appropriated for grants 
under this section and section 2003'' in each place that it appears 
shall not include any funds provided for the Nonprofit Security Grant 
Program in paragraph (3) under the heading ``Federal Emergency 
Management Agency--Federal Assistance'' in this Act.
    Sec. 303. (a) Notwithstanding section 2008(a)(12) of the Homeland 
Security Act of 2002 (6 U.S.C. 609(a)(12)) or any other provision of 
law, not more than 5 percent of the amount of a grant made available in 
paragraphs (1) through (5) under ``Federal Emergency Management 
Agency--Federal Assistance'', may be used by the recipient for expenses 
directly related to administration of the grant.
    (b) The authority provided in subsection (a) shall also apply to a 
state recipient for the administration of a grant under such paragraph 
(3).
    Sec. 304.  Applications for grants under the heading ``Federal 
Emergency Management Agency--Federal Assistance'', for paragraphs (1) 
through (5), shall be made available to eligible applicants not later 
than 60 days after the date of enactment of this Act, eligible 
applicants shall submit applications not later than 80 days after the 
grant announcement, and the Administrator of the Federal Emergency 
Management Agency shall act within 65 days after the receipt of an 
application.
    Sec. 305.  Under the heading ``Federal Emergency Management 
Agency--Federal Assistance'', for grants under paragraphs (1) through 
(5), (9), and (10), the Administrator of the Federal Emergency 
Management Agency shall brief the Committees on Appropriations of the 
Senate and the House of Representatives 5 full business days in advance 
of announcing publicly the intention of making an award.
    Sec. 306.  Under the heading ``Federal Emergency Management 
Agency--Federal Assistance'', for grants under paragraphs (1) through 
(3), the installation of communications towers is not considered 
construction of a building or other physical facility.
    Sec. 307.  The reporting requirements in paragraphs (1) and (2) 
under the heading ``Federal Emergency Management Agency--Disaster 
Relief Fund'' in the Department of Homeland Security Appropriations 
Act, 2015 (Public Law 114-4) shall be applied in fiscal year 2023 with 
respect to budget year 2024 and current fiscal year 2023, 
respectively--
            (1) in paragraph (1) by substituting ``fiscal year 2024'' 
        for ``fiscal year 2016''; and
            (2) in paragraph (2) by inserting ``business'' after 
        ``fifth''.
    Sec. 308.  In making grants under the heading ``Federal Emergency 
Management Agency--Federal Assistance'', for Staffing for Adequate Fire 
and Emergency Response grants, the Administrator of the Federal 
Emergency Management Agency may grant waivers from the requirements in 
subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1), (c)(2), and (c)(4) 
of section 34 of the Federal Fire Prevention and Control Act of 1974 
(15 U.S.C. 2229a).
    Sec. 309. (a) The aggregate charges assessed during fiscal year 
2023, as authorized in title III of the Departments of Veterans Affairs 
and Housing and Urban Development, and Independent Agencies 
Appropriations Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 
percent of the amounts anticipated by the Department of Homeland 
Security to be necessary for its Radiological Emergency Preparedness 
Program for the next fiscal year.
    (b) The methodology for assessment and collection of fees shall be 
fair and equitable and shall reflect costs of providing such services, 
including administrative costs of collecting such fees.
    (c) Such fees shall be deposited in a Radiological Emergency 
Preparedness Program account as offsetting collections and will become 
available for authorized purposes on October 1, 2023, and remain 
available until expended.
    Sec. 310.  In making grants under the heading ``Federal Emergency 
Management Agency--Federal Assistance'', for Assistance to Firefighter 
Grants, the Administrator of the Federal Emergency Management Agency 
may waive subsection (k) of section 33 of the Federal Fire Prevention 
and Control Act of 1974 (15 U.S.C. 2229).
    Sec. 311. (a) Of the amount made available by section 4005 of the 
American Rescue Plan Act of 2021 (Public Law 117-2)--
            (1) not less than $2,000,000,000, in addition to any other 
        amounts set aside pursuant to section 203(i) of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5133(i)) for such purpose, shall be for the Building 
        Resilient Infrastructure and Communities program to mitigate 
        the effects of climate change and a notice of funding 
        opportunity for such purpose shall be announced not later than 
        September 30, 2023; and
            (2) $14,000,000 shall be transferred to the Department of 
        Homeland Security Office of Inspector General for oversight of 
        the obligations of funds made available under such section 
        4005.

                                TITLE IV

             RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES

               U.S. Citizenship and Immigration Services

                         operations and support

    For necessary expenses of U.S. Citizenship and Immigration Services 
for operations and support, including for the E-Verify Program, 
application processing, the reduction of backlogs within asylum, field, 
and service center offices, and support of the refugee program; 
$816,705,000, of which $87,619,000 shall remain available until 
September 30, 2024:  Provided, That such amounts shall be in addition 
to any other amounts made available for such purposes, and shall not be 
construed to require any reduction of any fee described in section 
286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)):  
Provided further, That at least $10,000,000 shall be for the 
implementation of the Deferred Action for Childhood Arrivals Program of 
the Secretary of Homeland Security, established pursuant to the 
memorandum from the Secretary of Homeland Security entitled 
``Exercising Prosecutorial Discretion with Respect to Individuals Who 
Came to the United States as Children,'' dated June 15, 2012, including 
for the processing of applications for such program and all related 
forms:  Provided further, That not to exceed $2,500 shall be for 
official reception and representation expenses.

                           federal assistance

    For necessary expenses of U.S. Citizenship and Immigration Services 
for Federal assistance for the Citizenship and Integration Grant 
Program, $50,000,000:  Provided, That not less than $30,000,000, to 
remain available until September 30, 2024, shall be awarded as 
competitive grants to organizations to provide pro-bono legal counsel, 
or pro-bono accredited representation, to individuals appearing before 
U.S. Citizenship and Immigration Services during either an affirmative 
asylum or asylum merits interview.

                Federal Law Enforcement Training Centers

                         operations and support

    For necessary expenses of the Federal Law Enforcement Training 
Centers for operations and support, including the purchase of not to 
exceed 117 vehicles for police-type use and hire of passenger motor 
vehicles, and services as authorized by section 3109 of title 5, United 
States Code, $355,247,000, of which $66,665,000 shall remain available 
until September 30, 2024:  Provided, That not to exceed $7,180 shall be 
for official reception and representation expenses.

              procurement, construction, and improvements

    For necessary expenses of the Federal Law Enforcement Training 
Centers for procurement, construction, and improvements, $41,300,000, 
to remain available until September 30, 2027, for acquisition of 
necessary additional real property and facilities, construction and 
ongoing maintenance, facility improvements and related expenses of the 
Federal Law Enforcement Training Centers.

                   Science and Technology Directorate

                         operations and support

    For necessary expenses of the Science and Technology Directorate 
for operations and support, including the purchase or lease of not to 
exceed five vehicles, $391,172,000, of which $215,085,000 shall remain 
available until September 30, 2024:  Provided, That not to exceed 
$10,000 shall be for official reception and representation expenses.

              procurement, construction, and improvements

    For necessary expenses of the Science and Technology Directorate 
for procurement, construction, and improvements, $89,466,000, to remain 
available until September 30, 2027.

                        research and development

    For necessary expenses of the Science and Technology Directorate 
for research and development, $461,218,000, to remain available until 
September 30, 2025.

             Countering Weapons of Mass Destruction Office

                         operations and support

    For necessary expenses of the Countering Weapons of Mass 
Destruction Office for operations and support, $151,970,000, of which 
$50,446,000 shall remain available until September 30, 2024:  Provided, 
That not to exceed $2,250 shall be for official reception and 
representation expenses.

              procurement, construction, and improvements

    For necessary expenses of the Countering Weapons of Mass 
Destruction Office for procurement, construction, and improvements, 
$55,304,000, to remain available until September 30, 2025.

                        research and development

    For necessary expenses of the Countering Weapons of Mass 
Destruction Office for research and development, $84,515,000, to remain 
available until September 30, 2025.

                           federal assistance

    For necessary expenses of the Countering Weapons of Mass 
Destruction Office for Federal assistance through grants, contracts, 
cooperative agreements, and other activities, $139,183,000, to remain 
available until September 30, 2025.

                       Administrative Provisions

    Sec. 401. (a) Notwithstanding any other provision of law, funds 
otherwise made available to U.S. Citizenship and Immigration Services 
may be used to acquire, operate, equip, and dispose of up to five 
vehicles, for replacement only, for areas where the Administrator of 
General Services does not provide vehicles for lease.
    (b) The Director of U.S. Citizenship and Immigration Services may 
authorize employees who are assigned to those areas to use such 
vehicles to travel between the employees' residences and places of 
employment.
    Sec. 402.  None of the funds appropriated by this Act may be used 
to process or approve a competition under Office of Management and 
Budget Circular A-76 for services provided by employees (including 
employees serving on a temporary or term basis) of U.S. Citizenship and 
Immigration Services of the Department of Homeland Security who are 
known as Immigration Information Officers, Immigration Service 
Analysts, Contact Representatives, Investigative Assistants, or 
Immigration Services Officers.
    Sec. 403.  The terms and conditions of section 403 of the 
Department of Homeland Security Appropriations Act, 2020 (division D of 
Public Law 116-93) shall apply to this Act.
    Sec. 404.  Notwithstanding the seventh proviso under the heading 
``Immigration and Naturalization Service--Salaries and Expenses'' in 
Public Law 105-119 (relating to FD-258 fingerprint cards), or any other 
provision of law, any Federal funds made available to U.S. Citizenship 
and Immigration Services may be used for the collection and use of 
biometrics taken at a U.S. Citizenship and Immigration Services 
Application Support Center that is overseen virtually by U.S. 
Citizenship and Immigration Services personnel using appropriate 
technology.
    Sec. 405.  Section 401(b) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) shall be 
applied by substituting ``September 30, 2023'' for ``September 30, 
2015''.
    Sec. 406.  Subclauses (II) and (III) of section 101(a)(27)(C)(ii) 
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii)) 
shall be applied by substituting ``September 30, 2023'' for ``September 
30, 2015''.
    Sec. 407.  Section 220(c) of the Immigration and Nationality 
Technical Corrections Act of 1994 (8 U.S.C. 1182 note) shall be applied 
by substituting ``September 30, 2023'' for ``September 30, 2015''.
    Sec. 408.  Notwithstanding the numerical limitation set forth in 
section 214(g)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 
1184(g)(1)(B)), the Secretary of Homeland Security, after consultation 
with the Secretary of Labor, and upon the determination that the needs 
of American businesses cannot be satisfied in fiscal year 2023 with 
United States workers who are willing, qualified, and able to perform 
temporary nonagricultural labor, shall increase the total number of 
aliens who may receive a visa under section 101(a)(15)(H)(ii)(b) of 
such Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) in such fiscal year above 
such limitation by not more than the highest number of H-2B 
nonimmigrants who participated in the H-2B returning worker program in 
any fiscal year in which returning workers were exempt from such 
numerical limitation.
    Sec. 409. (a) Recapture of Unused Immigrant Visa Numbers.--
            (1) Ensuring future use of all immigrant visas.--Section 
        201(c)(1)(B)(ii) of the Immigration and Nationality Act (8 
        U.S.C. 1151(c)(1)(B)(ii)) is amended to read as follows:
                            ``(ii) In no case shall the number computed 
                        under subparagraph (A) be less than the sum 
                        of--
                                    ``(I) 226,000; and
                                    ``(II) the number computed under 
                                paragraph (3).''.
            (2) Recapturing unused visas.--Section 201 of the 
        Immigration and Nationality Act (8 U.S.C. 1151) is amended by 
        adding at the end the following:
    ``(g) Recapturing Unused Visas.--
            ``(1) Family-sponsored visas.--
                    ``(A) In general.--Notwithstanding the numerical 
                limitations set forth in this section or in sections 
                202 or 203, beginning in fiscal year 2023, the number 
                of family-sponsored immigrant visas that may be issued 
                under section 203(a) shall be increased by the number 
                computed under subparagraph (B).
                    ``(B) Unused visas.--The number computed under this 
                subparagraph is the difference, if any, between--
                            ``(i) the difference, if any, between--
                                    ``(I) the number of visas that were 
                                originally made available to family-
                                sponsored immigrants under section 
                                201(c)(1) for fiscal years 1992 through 
                                2022, setting aside any unused visas 
                                made available to such immigrants in 
                                such fiscal years under section 
                                201(c)(3); and
                                    ``(II) the number of visas 
                                described in subclause (I) that were 
                                issued under section 203(a), or, in 
                                accordance with section 201(d)(2)(C), 
                                under section 203(b); and
                            ``(ii) the number of visas resulting from 
                        the calculation under clause (i) issued under 
                        section 203(a) after fiscal year 2022.
            ``(2) Employment-based visas.--
                    ``(A) In general.--Notwithstanding the numerical 
                limitations set forth in this section or in sections 
                202 or 203, beginning in fiscal year 2023, the number 
                of employment-based immigrant visas that may be issued 
                under section 203(b) shall be increased by the number 
                computed under subparagraph (B).
                    ``(B) Unused visas.--The number computed under this 
                paragraph is the difference, if any, between--
                            ``(i) the difference, if any, between--
                                    ``(I) the number of visas that were 
                                originally made available to 
                                employment-based immigrants under 
                                section 201(d)(1) for fiscal years 1992 
                                through 2022, setting aside any unused 
                                visas made available to such immigrants 
                                in such fiscal years under section 
                                201(d)(2); and
                                    ``(II) the number of visas 
                                described in subclause (I) that were 
                                issued under section 203(b), or, in 
                                accordance with section 201(c)(3)(C), 
                                under section 203(a); and
                            ``(ii) the number of visas resulting from 
                        the calculation under clause (i) issued under 
                        section 203(b) after fiscal year 2022.
            ``(3) Diversity visas.--Notwithstanding section 
        204(a)(1)(I)(ii)(II) or 201(e), an immigrant visa for an alien 
        selected in accordance with section 203(e)(2) in fiscal year 
        2017, 2018, 2019, 2020, 2021, or 2022 shall remain available to 
        such alien (and the spouse and children of such alien) if--
                    ``(A) the alien was refused a visa, prevented from 
                seeking or obtaining admission or a visa interview, or 
                denied admission to the United States solely because of 
                Executive Order 13769, Executive Order 13780, 
                Presidential Proclamation 9645, or Presidential 
                Proclamation 9983; or
                    ``(B) because of restrictions or limitations on 
                visa processing, visa issuance, travel, or other 
                effects associated with the COVID-19 public health 
                emergency--
                            ``(i) the alien was unable to receive a 
                        visa interview despite submitting an Online 
                        Immigrant Visa and Alien Registration 
                        Application (Form DS-260) to the Secretary of 
                        State; or
                            ``(ii) the alien was unable to seek 
                        admission or was denied admission to the United 
                        States despite being approved for a visa under 
                        section 203(c).''.
    Sec. 410. (a) The numerical limitations in sections 201, 202, and 
203 of the Immigration and Nationality Act (8 U.S.C. 1151, 1152 and 
1153) shall not apply during fiscal year 2023 or during any subsequent 
fiscal year to an alien described in section 101(a)(27)(J) of that Act 
(8 U.S.C. 1101(a)(27)(J)) for whom a petition for classification under 
section 203(b)(4) of that Act (8 U.S.C. 1153(b)(4)) was filed before 
October 1, 2023.
    (b) This section shall take effect on June 1, 2023.
    Sec. 411.  The Director of the Federal Law Enforcement Training 
Centers is authorized to distribute funds to Federal law enforcement 
agencies for expenses incurred participating in training accreditation.
    Sec. 412.  The Federal Law Enforcement Training Accreditation 
Board, including representatives from the Federal law enforcement 
community and non-Federal accreditation experts involved in law 
enforcement training, shall lead the Federal law enforcement training 
accreditation process to continue the implementation of measuring and 
assessing the quality and effectiveness of Federal law enforcement 
training programs, facilities, and instructors.
    Sec. 413. (a) The Director of the Federal Law Enforcement Training 
Centers may accept transfers to its ``Procurement, Construction, and 
Improvements'' account from Government agencies requesting the 
construction of special use facilities, as authorized by the Economy 
Act (31 U.S.C. 1535(b)).
    (b) The Federal Law Enforcement Training Centers shall maintain 
administrative control and ownership upon completion of such 
facilities.
    Sec. 414.  The functions of the Federal Law Enforcement Training 
Centers instructor staff shall be classified as inherently governmental 
for purposes of the Federal Activities Inventory Reform Act of 1998 (31 
U.S.C. 501 note).

                                TITLE V

                           GENERAL PROVISIONS

             (including transfers and rescissions of funds)

    Sec. 501.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 502.  Subject to the requirements of section 503 of this Act, 
the unexpended balances of prior appropriations provided for activities 
in this Act may be transferred to appropriation accounts for such 
activities established pursuant to this Act, may be merged with funds 
in the applicable established accounts, and thereafter may be accounted 
for as one fund for the same time period as originally enacted.
    Sec. 503. (a) None of the funds provided by this Act, provided by 
previous appropriations Acts to the components in or transferred to the 
Department of Homeland Security that remain available for obligation or 
expenditure in fiscal year 2023, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees 
available to the components funded by this Act, shall be available for 
obligation or expenditure through a reprogramming of funds that--
            (1) creates or eliminates a program, project, or activity, 
        or increases funds for any program, project, or activity for 
        which funds have been denied or restricted by the Congress;
            (2) contracts out any function or activity presently 
        performed by Federal employees or any new function or activity 
        proposed to be performed by Federal employees in the 
        President's budget proposal for fiscal year 2023 for the 
        Department of Homeland Security;
            (3) augments funding for existing programs, projects, or 
        activities in excess of $5,000,000 or 10 percent, whichever is 
        less;
            (4) reduces funding for any program, project, or activity, 
        or numbers of personnel, by 10 percent or more; or
            (5) results from any general savings from a reduction in 
        personnel that would result in a change in funding levels for 
        programs, projects, or activities as approved by the Congress.
    (b) Subsection (a) shall not apply if the Committees on 
Appropriations of the Senate and the House of Representatives are 
notified at least 15 days in advance of such reprogramming.
    (c) Up to 2 percent of any appropriation made available for the 
current fiscal year for the Department of Homeland Security by this Act 
or provided by previous appropriations Acts may be transferred between 
such appropriations if the Committees on Appropriations of the Senate 
and the House of Representatives are notified at least 30 days in 
advance of such transfer, but no such appropriation, except as 
otherwise specifically provided, shall be increased by more than 10 
percent by such transfer.
    (d) Notwithstanding subsections (a), (b), and (c), no funds shall 
be reprogrammed within or transferred between appropriations based upon 
an initial notification provided after June 30, except in extraordinary 
circumstances that imminently threaten the safety of human life or the 
protection of property.
    (e) The notification thresholds and procedures set forth in 
subsections (a), (b), (c), and (d) shall apply to any use of 
deobligated balances of funds provided in previous Department of 
Homeland Security Appropriations Acts that remain available for 
obligation in the current year.
    (f) Notwithstanding subsection (c), the Secretary of Homeland 
Security may transfer to the fund established by 8 U.S.C. 1101 note, up 
to $20,000,000 from appropriations available to the Department of 
Homeland Security:  Provided, That the Secretary shall notify the 
Committees on Appropriations of the Senate and the House of 
Representatives at least 5 days in advance of such transfer.
    Sec. 504. (a) Section 504 of the Department of Homeland Security 
Appropriations Act, 2017 (division F of Public Law 115-31), related to 
the operations of a working capital fund, shall apply with respect to 
funds made available in this Act in the same manner as such section 
applied to funds made available in that Act.
    (b) Funds from such working capital fund may be obligated and 
expended in anticipation of reimbursements from components of the 
Department of Homeland Security.
    Sec. 505. (a) Except as otherwise specifically provided by law, not 
to exceed 50 percent of unobligated balances remaining available at the 
end of fiscal year 2023, as recorded in the financial records at the 
time of a reprogramming notification, but not later than June 30, 2024, 
from appropriations for ``Operations and Support'' for fiscal year 2023 
in this Act shall remain available through September 30, 2024, in the 
account and for the purposes for which the appropriations were 
provided.
    (b) Prior to the obligation of such funds, a notification shall be 
submitted to the Committees on Appropriations of the Senate and the 
House of Representatives in accordance with section 503 of this Act.
    Sec. 506. (a) Funds made available by this Act for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2023 until the enactment of an Act authorizing 
intelligence activities for fiscal year 2023.
    (b) Amounts described in subsection (a) made available for 
``Intelligence, Analysis, and Situational Awareness--Operations and 
Support'' that exceed the amounts in such authorization for such 
account shall be transferred to and merged with amounts made available 
under the heading ``Management Directorate--Operations and Support''.
    (c) Prior to the obligation of any funds transferred under 
subsection (b), the Management Directorate shall brief the Committees 
on Appropriations of the Senate and the House of Representatives on a 
plan for the use of such funds.
    Sec. 507. (a) The Secretary of Homeland Security, or the designee 
of the Secretary, shall notify the Committees on Appropriations of the 
Senate and the House of Representatives at least 3 full business days 
in advance of--
            (1) making or awarding a grant allocation or grant in 
        excess of $1,000,000;
            (2) making or awarding a contract, other transaction 
        agreement, or task or delivery order on a Department of 
        Homeland Security multiple award contract, or to issue a letter 
        of intent totaling in excess of $4,000,000;
            (3) awarding a task or delivery order requiring an 
        obligation of funds in an amount greater than $10,000,000 from 
        multi-year Department of Homeland Security funds;
            (4) making a sole-source grant award; or
            (5) announcing publicly the intention to make or award 
        items under paragraph (1), (2), (3), or (4), including a 
        contract covered by the Federal Acquisition Regulation.
    (b) If the Secretary of Homeland Security determines that 
compliance with this section would pose a substantial risk to human 
life, health, or safety, an award may be made without notification, and 
the Secretary shall notify the Committees on Appropriations of the 
Senate and the House of Representatives not later than 5 full business 
days after such an award is made or letter issued.
    (c) A notification under this section--
            (1) may not involve funds that are not available for 
        obligation; and
            (2) shall include the amount of the award; the fiscal year 
        for which the funds for the award were appropriated; the type 
        of contract; and the account from which the funds are being 
        drawn.
    Sec. 508.  Notwithstanding any other provision of law, no agency 
shall purchase, construct, or lease any additional facilities, except 
within or contiguous to existing locations, to be used for the purpose 
of conducting Federal law enforcement training without advance 
notification to the Committees on Appropriations of the Senate and the 
House of Representatives, except that the Federal Law Enforcement 
Training Centers is authorized to obtain the temporary use of 
additional facilities by lease, contract, or other agreement for 
training that cannot be accommodated in existing Centers' facilities.
    Sec. 509.  None of the funds appropriated or otherwise made 
available by this Act may be used for expenses for any construction, 
repair, alteration, or acquisition project for which a prospectus 
otherwise required under chapter 33 of title 40, United States Code, 
has not been approved, except that necessary funds may be expended for 
each project for required expenses for the development of a proposed 
prospectus.
    Sec. 510.  Sections 520, 522, and 530 of the Department of Homeland 
Security Appropriations Act, 2008 (division E of Public Law 110-161; 
121 Stat. 2073 and 2074) shall apply with respect to funds made 
available in this Act in the same manner as such sections applied to 
funds made available in that Act.
    Sec. 511. (a) None of the funds made available in this Act may be 
used in contravention of the applicable provisions of the Buy American 
Act.
    (b) For purposes of subsection (a), the term ``Buy American Act'' 
means chapter 83 of title 41, United States Code.
    Sec. 512.  None of the funds made available in this Act may be used 
to amend the oath of allegiance required by section 337 of the 
Immigration and Nationality Act (8 U.S.C. 1448).
    Sec. 513.  None of the funds provided or otherwise made available 
in this Act shall be available to carry out section 872 of the Homeland 
Security Act of 2002 (6 U.S.C. 452) unless explicitly authorized by the 
Congress.
    Sec. 514.  None of the funds made available in this Act may be used 
for planning, testing, piloting, or developing a national 
identification card.
    Sec. 515.  Any official that is required by this Act to report or 
to certify to the Committees on Appropriations of the Senate and the 
House of Representatives may not delegate such authority to perform 
that act unless specifically authorized herein.
    Sec. 516.  None of the funds made available in this Act may be used 
for first-class travel by the employees of agencies funded by this Act 
in contravention of sections 301-10.122 through 301-10.124 of title 41, 
Code of Federal Regulations.
    Sec. 517.  None of the funds made available in this Act may be used 
to employ workers described in section 274A(h)(3) of the Immigration 
and Nationality Act (8 U.S.C. 1324a(h)(3)).
    Sec. 518.  Notwithstanding any other provision of this Act, none of 
the funds appropriated or otherwise made available by this Act may be 
used to pay award or incentive fees for contractor performance that has 
been judged to be below satisfactory performance or performance that 
does not meet the basic requirements of a contract.
    Sec. 519.  None of the funds appropriated or otherwise made 
available by this Act may be used by the Department of Homeland 
Security to enter into any Federal contract unless such contract is 
entered into in accordance with the requirements of subtitle I of title 
41, United States Code, or chapter 137 of title 10, United States Code, 
and the Federal Acquisition Regulation, unless such contract is 
otherwise authorized by statute to be entered into without regard to 
the above referenced statutes.
    Sec. 520. (a) None of the funds made available in this Act may be 
used to maintain or establish a computer network unless such network 
blocks the viewing, downloading, and exchanging of pornography.
    (b) Nothing in subsection (a) shall limit the use of funds 
necessary for any Federal, State, tribal, or local law enforcement 
agency or any other entity carrying out criminal investigations, 
prosecution, or adjudication activities.
    Sec. 521.  None of the funds made available in this Act may be used 
by a Federal law enforcement officer to facilitate the transfer of an 
operable firearm to an individual if the Federal law enforcement 
officer knows or suspects that the individual is an agent of a drug 
cartel unless law enforcement personnel of the United States 
continuously monitor or control the firearm at all times.
    Sec. 522. (a) None of the funds made available in this Act may be 
used to pay for the travel to or attendance of more than 50 employees 
of a single component of the Department of Homeland Security, who are 
stationed in the United States, at a single international conference 
unless the Secretary of Homeland Security, or a designee, determines 
that such attendance is in the national interest and notifies the 
Committees on Appropriations of the Senate and the House of 
Representatives within at least 10 days of that determination and the 
basis for that determination.
    (b) For purposes of this section the term ``international 
conference'' shall mean a conference occurring outside of the United 
States attended by representatives of the United States Government and 
of foreign governments, international organizations, or nongovernmental 
organizations.
    (c) The total cost to the Department of Homeland Security of any 
such conference shall not exceed $500,000.
    (d) Employees who attend a conference virtually without travel away 
from their permanent duty station within the United States shall not be 
counted for purposes of this section, and the prohibition contained in 
this section shall not apply to payments for the costs of attendance 
for such employees.
    Sec. 523.  None of the funds made available in this Act may be used 
to reimburse any Federal department or agency for its participation in 
a National Special Security Event.
    Sec. 524. (a) None of the funds made available to the Department of 
Homeland Security by this or any other Act may be obligated for the 
implementation of any structural pay reform or the introduction of any 
new position classification that will affect more than 100 full-time 
positions or costs more than $5,000,000 in a single year before the end 
of the 30-day period beginning on the date on which the Secretary of 
Homeland Security submits to Congress a notification that includes--
            (1) the number of full-time positions affected by such 
        change;
            (2) funding required for such change for the current fiscal 
        year and through the Future Years Homeland Security Program;
            (3) justification for such change; and
            (4) for a structural pay reform, an analysis of 
        compensation alternatives to such change that were considered 
        by the Department.
    (b) Subsection (a) shall not apply to such change if--
            (1) it was proposed in the President's budget proposal for 
        the fiscal year funded by this Act; and
            (2) funds for such change have not been explicitly denied 
        or restricted in this Act.
    Sec. 525. (a) Any agency receiving funds made available in this Act 
shall, subject to subsections (b) and (c), post on the public website 
of that agency any report required to be submitted by the Committees on 
Appropriations of the Senate and the House of Representatives in this 
Act, upon the determination by the head of the agency that it shall 
serve the national interest.
    (b) Subsection (a) shall not apply to a report if--
            (1) the public posting of the report compromises homeland 
        or national security; or
            (2) the report contains proprietary information.
    (c) The head of the agency posting such report shall do so only 
after such report has been made available to the Committees on 
Appropriations of the Senate and the House of Representatives for not 
less than 45 days except as otherwise specified in law.
    Sec. 526. (a) Funding provided in this Act for ``Operations and 
Support'' may be used for minor procurement, construction, and 
improvements.
    (b) For purposes of subsection (a), ``minor'' refers to end items 
with a unit cost of $250,000 or less for personal property, and 
$2,000,000 or less for real property.
    Sec. 527.  The authority provided by section 532 of the Department 
of Homeland Security Appropriations Act, 2018 (Public Law 115-141) 
regarding primary and secondary schooling of dependents shall continue 
in effect during fiscal year 2023.
    Sec. 528. (a) For an additional amount for ``Federal Emergency 
Management Agency--Federal Assistance'', $3,000,000, to remain 
available until September 30, 2024, exclusively for providing 
reimbursement of extraordinary law enforcement or other emergency 
personnel costs for protection activities directly and demonstrably 
associated with any residence of the President that is designated or 
identified to be secured by the United States Secret Service.
    (b) Subsections (b) through (f) of section 534 of the Department of 
Homeland Security Appropriations Act, 2018 (Public Law 115-141), shall 
be applied with respect to amounts made available by subsection (a) of 
this section by substituting ``October 1, 2023'' for ``October 1, 
2018'' and ``October 1, 2022'' for ``October 1, 2017''.
    Sec. 529. (a) Section 831 of the Homeland Security Act of 2002 (6 
U.S.C. 391) shall be applied--
            (1) in subsection (a), by substituting ``September 30, 
        2023,'' for ``September 30, 2017,''; and
            (2) in subsection (c)(1), by substituting ``September 30, 
        2023,'' for ``September 30, 2017''.
    (b) The Secretary of Homeland Security, under the authority of 
section 831 of the Homeland Security Act of 2002 (6 U.S.C. 391(a)), may 
carry out prototype projects under section 4022 of title 10, United 
States Code, and the Secretary shall perform the functions of the 
Secretary of Defense as prescribed.
    (c) The Secretary of Homeland Security under section 831 of the 
Homeland Security Act of 2002 (6 U.S.C. 391(d)) may use the definition 
of nontraditional government contractor as defined in section 4022(e) 
of title 10, United States Code.
    Sec. 530. (a) None of the funds appropriated or otherwise made 
available to the Department of Homeland Security by this Act may be 
used to prevent any of the following persons from entering, for the 
purpose of conducting oversight, any facility operated by or for the 
Department of Homeland Security used to detain or otherwise house 
aliens, or to make any temporary modification at any such facility that 
in any way alters what is observed by a visiting Member of Congress or 
such designated employee, compared to what would be observed in the 
absence of such modification:
            (1) A Member of Congress.
            (2) An employee of the United States House of 
        Representatives or the United States Senate designated by such 
        a Member for the purposes of this section.
    (b) Nothing in this section may be construed to require a Member of 
Congress to provide prior notice of the intent to enter a facility 
described in subsection (a) for the purpose of conducting oversight.
    (c) With respect to individuals described in subsection (a)(2), the 
Department of Homeland Security may require that a request be made at 
least 24 hours in advance of an intent to enter a facility described in 
subsection (a).
    Sec. 531. (a) Except as provided in subsection (b), none of the 
funds made available in this Act may be used to place restraints on a 
noncitizen in the custody of the Department of Homeland Security 
(including during transport, in a detention facility, or at an outside 
medical facility) who is pregnant or in post-delivery recuperation.
    (b) Subsection (a) shall not apply with respect to a pregnant 
noncitizen if--
            (1) an appropriate official of the Department of Homeland 
        Security makes an individualized determination that the 
        noncitizen--
                    (A) is a serious flight risk, and such risk cannot 
                be prevented by other means; or
                    (B) poses an immediate and serious threat to harm 
                themselves or others that cannot be prevented by other 
                means; or
            (2) a medical professional responsible for the care of the 
        pregnant noncitizen determines that the use of therapeutic 
        restraints is appropriate for the medical safety of the 
        noncitizen.
    (c) If a pregnant noncitizen is restrained pursuant to subsection 
(b), only the safest and least restrictive restraints, as determined by 
the appropriate medical professional treating the noncitizen, may be 
used. In no case may restraints be used on a noncitizen who is in 
active labor or delivery, and in no case may a pregnant noncitizen be 
restrained in a face-down position with four-point restraints, on their 
back, or in a restraint belt that constricts the area of the pregnancy. 
A pregnant noncitizen who is immobilized by restraints shall be 
positioned, to the maximum extent feasible, on their left side.
    Sec. 532. (a) None of the funds made available by this Act may be 
used to destroy any document, recording, or other record pertaining to 
any--
            (1) death of,
            (2) potential sexual assault or abuse perpetrated against, 
        or
            (3) allegation of abuse, criminal activity, or disruption 
        committed by
an individual held in the custody of the Department of Homeland 
Security.
    (b) The records referred to in subsection (a) shall be made 
available, in accordance with applicable laws and regulations, and 
Federal rules governing disclosure in litigation, to an individual who 
has been charged with a crime, been placed into segregation, or 
otherwise punished as a result of an allegation described in paragraph 
(3), upon the request of such individual.
    Sec. 533.  Section 519 of division F of Public Law 114-113, 
regarding a prohibition on funding for any position designated as a 
Principal Federal Official, shall apply with respect to any Federal 
funds in the same manner as such section applied to funds made 
available in that Act.
    Sec. 534.  Within 60 days of any budget submission for the 
Department of Homeland Security for fiscal year 2024 that assumes 
revenues or proposes a reduction from the previous year based on user 
fees proposals that have not been enacted into law prior to the 
submission of the budget, the Secretary of Homeland Security shall 
provide the Committees on Appropriations of the Senate and the House of 
Representatives specific reductions in proposed discretionary budget 
authority commensurate with the revenues assumed in such proposals in 
the event that they are not enacted prior to October 1, 2023.
    Sec. 535.  None of the funds made available by this Act may be 
obligated or expended to implement the Arms Trade Treaty until the 
Senate approves a resolution of ratification for the Treaty.
    Sec. 536. (a) Not later than 10 days after the date on which the 
budget of the President for a fiscal year is submitted to Congress 
pursuant to section 1105(a) of title 31, United States Code, the Under 
Secretary for Management of Homeland Security shall submit to the 
Committees on Appropriations of the Senate and the House of 
Representatives a report on the unfunded priorities, for the Department 
of Homeland Security and separately for each departmental component, 
for which discretionary funding would be classified as budget function 
050.
    (b) Each report under this section shall specify, for each such 
unfunded priority--
            (1) a summary description, including the objectives to be 
        achieved if such priority is funded (whether in whole or in 
        part);
            (2) the description, including the objectives to be 
        achieved if such priority is funded (whether in whole or in 
        part);
            (3) account information, including the following (as 
        applicable):
                    (A) appropriation account; and
                    (B) program, project, or activity name; and
            (4) the additional number of full-time or part-time 
        positions to be funded as part of such priority.
    (c) In this section, the term ``unfunded priority'', in the case of 
a fiscal year, means a requirement that--
            (1) is not funded in the budget referred to in subsection 
        (a);
            (2) is necessary to fulfill a requirement associated with 
        an operational or contingency plan for the Department; and
            (3) would have been recommended for funding through the 
        budget referred to in subsection (a) if--
                    (A) additional resources had been available for the 
                budget to fund the requirement;
                    (B) the requirement has emerged since the budget 
                was formulated; or
                    (C) the requirement is necessary to sustain prior-
                year investments.
    Sec. 537. (a) Not later than 10 days after a determination is made 
by the President to evaluate and initiate protection under any 
authority for a former or retired Government official or employee, or 
for an individual who, during the duration of the directed protection, 
will become a former or retired Government official or employee 
(referred to in this section as a ``covered individual''), the 
Secretary of Homeland Security shall submit a notification to 
congressional leadership and the Committees on Appropriations of the 
Senate and the House of Representatives, the Committees on the 
Judiciary of the Senate and the House of Representatives, the Committee 
on Homeland Security and Governmental Affairs of the Senate, the 
Committee on Homeland Security of the House of Representatives, and the 
Committee on Oversight and Reform of the House of Representatives 
(referred to in this section as the ``appropriate congressional 
committees'').
    (b) Such notification may be submitted in classified form, if 
necessary, and in consultation with the Director of National 
Intelligence or the Director of the Federal Bureau of Investigation, as 
appropriate, and shall include the threat assessment, scope of the 
protection, and the anticipated cost and duration of such protection.
    (c) Not later than 15 days before extending, or 30 days before 
terminating, protection for a covered individual, the Secretary of 
Homeland Security shall submit a notification regarding the extension 
or termination and any change to the threat assessment to the 
congressional leadership and the appropriate congressional committees.
    (d) Not later than 45 days after the date of enactment of this Act, 
and quarterly thereafter, the Secretary shall submit a report to the 
congressional leadership and the appropriate congressional committees, 
which may be submitted in classified form, if necessary, detailing each 
covered individual, and the scope and associated cost of protection.
    Sec. 538. (a) None of the funds provided to the Department of 
Homeland Security in this or any prior Act may be used by an agency to 
submit an initial project proposal to the Technology Modernization Fund 
(as authorized by section 1078 of subtitle G of title X of the National 
Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91)) 
unless, concurrent with the submission of an initial project proposal 
to the Technology Modernization Board, the head of the agency--
            (1) notifies the Committees on Appropriations of the Senate 
        and the House of Representatives of the proposed submission of 
        the project proposal;
            (2) submits to the Committees on Appropriations a copy of 
        the project proposal; and
            (3) provides a detailed analysis of how the proposed 
        project funding would supplement or supplant funding requested 
        as part of the Department's most recent budget submission.
    (b) None of the funds provided to the Department of Homeland 
Security by the Technology Modernization Fund shall be available for 
obligation until 15 days after a report on such funds has been 
transmitted to the Committees on Appropriations of the Senate and the 
House of Representatives.
    (c) The report described in subsection (b) shall include--
            (1) the full project proposal submitted to and approved by 
        the Fund's Technology Modernization Board;
            (2) the finalized interagency agreement between the 
        Department and the Fund including the project's deliverables 
        and repayment terms, as applicable;
            (3) a detailed analysis of how the project will supplement 
        or supplant existing funding available to the Department for 
        similar activities;
            (4) a plan for how the Department will repay the Fund, 
        including specific planned funding sources, as applicable; and
            (5) other information as determined by the Secretary.
    Sec. 539.  Subsection (c) of section 16005 of title VI of division 
B of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 
116-136) shall be applied as if the language read as follows: 
``Subsection (a) shall apply until September 30, 2023.''.
    Sec. 540.  For necessary expenses related to providing customs and 
immigration inspection and pre-inspection services at, or in support of 
ports of entry, pursuant to section 1356 of title 8, United States 
Code, and section 58c(f) of title 19, United States Code, and in 
addition to any other funds made available for this purpose, there is 
appropriated, out of any money in the Treasury not otherwise 
appropriated, $187,391,000, to offset the loss resulting from the 
coronavirus pandemic of Immigration User Fee receipts collected 
pursuant to section 286(h) of the Immigration and Nationality Act (8 
U.S.C. 1356(h)), and fees for certain customs services collected 
pursuant to paragraphs (1) through (8) and paragraph (10) of subsection 
(a) of section 13031 of the Consolidated Omnibus Budget Reconciliation 
Act of 1985 (19 U.S.C. 58c(a)(1)-(8) and (a)(10)).
    Sec. 541. (a) The Secretary of Homeland Security (in this section 
referred to as the ``Secretary'') shall, on a bimonthly basis beginning 
immediately after the date of enactment of this Act, develop estimates 
of the number of noncitizens anticipated to arrive at the southwest 
border of the United States.
    (b) The Secretary shall ensure that, at a minimum, the estimates 
developed pursuant to subsection (a)--
            (1) cover the current fiscal year and the following fiscal 
        year;
            (2) include a breakout by demographics, to include single 
        adults, family units, and unaccompanied children;
            (3) undergo an independent validation and verification 
        review;
            (4) are used to inform policy planning and budgeting 
        processes within the Department of Homeland Security; and
            (5) are included in the budget materials submitted to 
        Congress in support of the President's annual budget request 
        pursuant to section 1105 of title 31, United States Code, for 
        each fiscal year beginning after the date of enactment of this 
        Act and, for such budget materials shall include--
                    (A) the most recent bimonthly estimates developed 
                pursuant to subsection (a);
                    (B) a description and quantification of the 
                estimates used to justify funding requests for 
                Department programs related to border security, 
                immigration enforcement, and immigration services;
                    (C) a description and quantification of the 
                anticipated workload and requirements resulting from 
                such estimates; and
                    (D) a confirmation as to whether the budget 
                requests for impacted agencies were developed using the 
                same estimates.
    (c) The Secretary shall share the bimonthly estimates developed 
pursuant to subsection (a) with the Secretary of Health and Human 
Services, the Attorney General, the Secretary of State, and the 
Committees on Appropriations of the Senate and the House of 
Representatives.

                         (rescissions of funds)

    Sec. 542.  Of the funds appropriated to the Department of Homeland 
Security, the following funds are hereby rescinded from the following 
accounts and programs in the specified amounts:  Provided, That no 
amounts may be rescinded from amounts that were designated by the 
Congress as an emergency requirement pursuant to a concurrent 
resolution on the budget or the Balanced Budget and Emergency Deficit 
Control Act of 1985 (Public Law 99-177):
            (1) $15,000,000 from Public Law 117-103 under the heading 
        ``Office of the Secretary and Executive Management--Federal 
        Assistance''.
            (2) $65,000,000 from Public Law 116-93 under the heading 
        ``Coast Guard--Procurement, Construction, and Improvements''.
    This Act may be cited as the ``Department of Homeland Security 
Appropriations Act, 2023''.
                                 <all>