[House Report 118-123]
[From the U.S. Government Publishing Office]


118th Congress   }                                       {      Report
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                       {     118-123

======================================================================



 
       DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS BILL, 2024

                                _______
                                

 June, 27, 2023.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Joyce of Ohio, from the Committee on Appropriations, submitted the 
                               following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 4367]

    The Committee on Appropriations submits the following 
report in explanation of the accompanying bill making 
appropriations for the Department of Homeland Security for the 
fiscal year ending September 30, 2024.

                        INDEX TO BILL AND REPORT

                                                            Page number

                                                            Bill Report
TITLE I--DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, 
    AND OVERSIGHT
        Office of the Secretary and Executive Management...     3
                                                                      6
                Operations and Support.....................     3
                                                                      6
                Procurement, Construction, and Improvements
                                                                     11
                Federal Assistance.........................
                                                                     11
        Management Directorate.............................     4
                                                                     12
                Operations and Support.....................     4
                                                                     12
                Procurement, Construction, and Improvements     4
                                                                     14
                Federal Protective Service.................     4
                                                                     15
        Intelligence, Analysis, and Situational Awareness..     5
                                                                     15
                Operations and Support.....................     5
                                                                     15
                Procurement, Construction, and Improvements
                                                                     16
        Office of Inspector General........................     5
                                                                     17
                Operations and Support.....................     5
                                                                     17
        Administrative Provisions..........................     5
                                                                     17
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
        U.S. Customs and Border Protection.................    13
                                                                     18
                Operations and Support.....................    13
                                                                     18
                Procurement, Construction, and Improvements    14
                                                                     30
        U.S. Immigration and Customs Enforcement...........    15
                                                                     33
                Operations and Support.....................    15
                                                                     33
                Procurement, Construction, and Improvements    16
                                                                     42
        Transportation Security Administration.............    17
                                                                     43
                Operations and Support.....................    17
                                                                     43
                Procurement, Construction, and Improvements    17
                                                                     45
                Research and Development...................    17
                                                                     45
        Coast Guard........................................    18
                                                                     46
                Operations and Support.....................    18
                                                                     46
                Procurement, Construction, and Improvements    19
                                                                     48
                Research and Development...................    19
                                                                     51
                Health Care Fund Contribution..............
                                                                     51
                Retired Pay................................    20
                                                                     52
        United States Secret Service.......................    20
                                                                     52
                Operations and Support.....................    20
                                                                     52
                Procurement, Construction, and Improvements    22
                                                                     53
                Research and Development...................    22
                                                                     53
        Administrative Provisions..........................    22
                                                                     53
TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
        Cybersecurity and Infrastructure Security Agency...    41
                                                                     56
                Operations and Support.....................    41
                                                                     56
                Procurement, Construction, and Improvements    41
                                                                     65
                Research and Development...................    41
                                                                     66
        Federal Emergency Management Agency................    42
                                                                     66
                Operations and Support.....................    42
                                                                     66
                Procurement, Construction, and Improvements    42
                                                                     70
                Federal Assistance.........................    42
                                                                     70
                Disaster Relief Fund.......................    46
                                                                     73
                National Flood Insurance Fund..............    47
                                                                     74
        Administrative Provisions..........................    49
                                                                     74
TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
        U.S. Citizenship and Immigration Services..........    54
                                                                     75
                Operations and Support.....................    54
                                                                     75
                Federal Assistance.........................
                                                                     78
        Federal Law Enforcement Training Centers...........    54
                                                                     78
                Operations and Support.....................    54
                                                                     79
                Procurement, Construction, and Improvements    55
                                                                     79
        Science and Technology Directorate.................    55
                                                                     79
                Operations and Support.....................    55
                                                                     80
                Procurement, Construction, and Improvements    55
                                                                     80
                Research and Development...................    55
                                                                     81
        Countering Weapons of Mass Destruction Office......    56
                                                                     85
                Operations and Support.....................    56
                                                                     85
                Procurement, Construction, and Improvements    56
                                                                     85
                Research and Development...................    56
                                                                     86
                Federal Assistance.........................    56
                                                                     86
        Administrative Provisions..........................    57
                                                                     86
TITLE V--GENERAL PROVISIONS
        This Act...........................................
                                                                     87
        House of Representatives Reporting Requirements....
                                                                     92

                                Overview

    March 1, 2023, marked the twentieth anniversary for the 
U.S. Department of Homeland Security, which was created in the 
wake of the deadliest terrorist attack on U.S. soil. The 22 
legacy agencies that were hastily cobbled together in the 
Homeland Security Act of 2002 have matured into an organization 
that now employs over 260,000 people, making it the third 
largest federal cabinet department. The Committee 
recommendation includes $91,515,476,000 in total discretionary 
appropriations for the Department of Homeland Security, 
including $62,793,000,000 within the bill's 302(b) budget 
allocation, $5,837,370,000 in discretionary appropriations 
offset by fee collections, and $20,261,000,000 as an allocation 
adjustment for major disaster response and recovery activities. 
The total within the 302(b) allocation is $2,090,000,000 above 
the fiscal year 2023 level.

                     Homeland Security Investments

    Investments in this bill are intended to balance competing 
priorities across the Department's important missions, all of 
which are critical to the security of the country. The bill 
makes important investments in border security and immigration 
enforcement to help address the ongoing border security crisis, 
including providing funding for physical barriers, border 
security technology, and additional Border Patrol Agents; funds 
the deployment of additional Non-Intrusive Inspection 
technology at ports of entry to increase the detection of 
fentanyl; funds artificial intelligence and machine learning 
capabilities to reduce manual review of cargo and vehicle 
images; invests in detention capacity and removal operations; 
continues recapitalization of the Coast Guard surface and 
aviation fleets, including continued support for the Fast 
Response Cutter, Polar Security Cutter, and Offshore Patrol 
Cutter programs; provides funds for the U.S. Secret Service to 
prepare for the 2024 Presidential campaign; and continues 
modernization of intrusion detection and prevention 
cybersecurity efforts for federal civilian networks.

                            Border Security

    For the last two years, migrant encounters have 
skyrocketed, straining U.S. Customs and Border Protection (CBP) 
agents and officers in the field. In lieu of managing the 
crisis at the border through the use of temporary and costly 
measures that have minimal impact on illicit migration flows, 
this bill includes long-term border security investments that 
seek to increase the agency's ability to deter would-be illicit 
border activity. The bill recommends $856,757,000 above the 
request level for CBP operations, including $496,260,000 for 
additional U.S. Border Patrol personnel to bring total end 
strength to 22,000 agents, and $35,000,000 for innovative 
technology. Within the funds provided, the bill recommends not 
less than the following: $43,988,000 for workforce care; 
$6,000,000 for carrizo cane control; $21,000,000 for autonomous 
surveillance towers; $18,500,000 for tactical aerostats; and 
$10,440,000 for cross border tunnel threat detection.
    Within CBP's Procurement, Construction, and Improvements 
account, the recommendation includes $2,246,512,000 above the 
request for new physical barriers and border security 
technology both at and between the ports of entry.

                        Immigration Enforcement

    Immigration detention is a critical element of our 
immigration system. Appropriate levels of detention allow U.S. 
Immigration and Customs Enforcement (ICE) to detain migrants 
subject to mandatory detention under the Immigration and 
Nationality Act, as well as recent border crossers and migrants 
who present a risk to public safety.
    Most of the migrants encountered at the border do not 
eventually receive asylum. The Committee recognizes that 
detention can be a deterrent for migrants without valid asylum 
claims, including many who are coached by the cartels to game 
the asylum system, harming legitimate asylum seekers in the 
process. Increased detention capacity also ensures that ICE law 
enforcement can effectuate removal orders for aliens who no 
longer have a basis to remain in the country.
    In stark contrast to the request and previous years, this 
bill provides $1,235,176,000 above the request to significantly 
expand detention capacity by providing funding consistent with 
an average daily population of 41,500 during fiscal year 2024, 
an increase of 7,500 over last year and 16,500 higher than the 
request. Such detention capacity will allow ICE to arrest, 
detain, and remove additional migrants who are recent border 
crossers or public safety threats.

                        Transportation Security

    The Committee supports the Transportation Security 
Administration's (TSA) implementation of changes to the 
agency's pay structure to ensure its frontline workforce is 
paid at a level that is commensurate with other federal 
agencies. The bill provides $855,989,000 to implement the 
proposed pay adjustments for Transportation Security Officers. 
The Committee hopes that this investment lives up to the 
promises of TSA leadership and addresses the agency's long-
standing recruitment and retention challenges.

               Cybersecurity and Infrastructure Security

    Recognizing that the Cybersecurity and Infrastructure 
Security Agency (CISA) budget has grown 44 percent over the 
last three fiscal years, the bill provides $2,926,291,000 to 
sustain investments in securing federal civilian cyber networks 
and helping state and local governments and the private sector 
secure both cyber and physical infrastructure. The amount is 
$19,153,000 above the fiscal year 2023 enacted level. This 
strategic pause in significant budget growth provides CISA the 
opportunity to mature its operations commensurate with the 
enacted level.

                 Citizenship and Immigration Processing

    With few exceptions, U.S. Citizenship and Immigration 
Services (USCIS) has historically operated as a fee-funded 
agency, with its operating expenses originating primarily from 
fees charged to applicants and petitioners seeking immigration 
benefits. The bill returns to this traditional funding 
structure and includes appropriated funding only for the E-
Verify program. The Committee encourages USCIS to reevaluate 
its fee structure to recover the costs of its operations, as 
the law allows.

                   Southwest Border Contingency Fund

    For the last two years, this Administration has focused on 
``managing'' the border, which in practice has meant building 
more capacity to process aliens more quickly into the country, 
rather than enforcing the nation's immigration laws. The 
request doubles down on that failed policy by proposing a 
$4,700,000,000 slush fund which would release funds if certain 
thresholds of illicit migration are reached at certain points 
in the fiscal year. Such a structure incentivizes the 
Department to do nothing to secure the border and deter 
migrants from making a dangerous journey to this country. 
Increased encounters at the border indicate that migrants view 
the border as ``open for business,'' despite claims to the 
contrary. Opening false ``pathways'' under the illusion of an 
orderly process only exacerbates the problem, giving false hope 
to many migrants who have no legal basis for entry. The 
Committee urges the Secretary to swiftly reverse course and 
send a message that migrants will be expeditiously removed by 
securing the border and robustly enforcing immigration laws 
already available under Title 8, United States Code. The 
recommendation does not include the proposed Southwest Border 
Contingency Fund.

                        References in the Report

    This report refers to certain entities, persons, funds, and 
documents as follows: the ``Department of Homeland Security'' 
is referenced as DHS or the Department; ``full-time 
equivalents'' are referred to as FTE; ``Government 
Accountability Office'' is referenced as GAO; ``Information 
Technology'' is referred to as IT; ``Office of Inspector 
General'' is referenced as OIG; ``program, project, and 
activity'' is referred to as PPA; any reference to ``the 
Secretary'' should be interpreted to mean the Secretary of 
Homeland Security; ``component'' should be interpreted to mean 
an agency, administration, or directorate within DHS; any 
reference to ``SLTT'' should be interpreted to mean state, 
local, tribal, and territorial; and ``budget request'' or ``the 
request'' should be interpreted to mean the budget of the U.S. 
Government for fiscal year 2024 that was submitted to Congress 
on March 9, 2023.

                 Administrative and General Provisions

    The bill does not continue several administrative and 
general provisions which have been carried for years. The 
Committee's intent is to remove provisions that are no longer 
needed or are outdated; reduce redundancy with current law; and 
eliminate duplication with existing provisions in the Federal 
Acquisition Regulation (FAR) or existing Department policies, 
such as the Homeland Security Acquisition Manual. The Committee 
continues to fully support the legislative intent of these 
provisions.

    TITLE I--DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND 
                               OVERSIGHT


                                Mission

    The mission of Departmental Management, Operations, 
Intelligence, and Oversight is to provide leadership and 
services to Department of Homeland Security (DHS) components; 
formulate policy guidance and directives; disseminate 
intelligence; identify and track performance measurements 
relating to DHS missions; and provide oversight for all DHS 
operations.

            Office of the Secretary and Executive Management


 
 
 
Appropriation, fiscal year 2023.......................      $384,794,000
Budget request, fiscal year 2024......................       328,055,000
Recommended in the bill...............................       279,606,000
Bill compared with:
  Appropriation, fiscal year 2023.....................      -105,188,000
  Budget request, fiscal year 2024....................       -48,449,000
 

    The Office of the Secretary and Executive Management (OSEM) 
plans and executes departmental strategies to accomplish agency 
objectives and provides policy guidance to departmental 
components.

                         OPERATIONS AND SUPPORT

 
 
 
Appropriation, fiscal year 2023.......................      $336,746,000
Budget request, fiscal year 2024......................       293,055,000
Recommended in the bill...............................       279,606,000
Bill compared with:
  Appropriation, fiscal year 2023.....................       -57,140,000
  Budget request, fiscal year 2024....................       -13,449,000
 

    The recommendation provides an increase of $23,766,000 
above the request for the Office of Health Security (OHS).
    The recommendation includes the following decreases to the 
request: $4,195,000 for the Office of the Secretary; $1,967,000 
for the Office of Public Affairs; $1,081,000 for the Office of 
Legislative Affairs; $2,100,000 for the Office of General 
Counsel; $4,601,000 for the Office of Strategy, Policy and 
Plans; $1,084,000 for the Office for Civil Rights and Civil 
Liberties; $20,607,000 for the Office of the Immigration 
Detention Ombudsman; and $1,580,000 for the Office of 
Partnership and Engagement.
    Border Barriers.--The Committee directs the Secretary to 
coordinate with the Secretary of Defense to submit a report not 
later than 60 days after the date of enactment of this Act and 
quarterly thereafter that lists the contracts, including the 
cost of each contract, to store and maintain unused panels for 
the border wall.
    Border and Immigration Related Data and Transparency.--
Within 90 days of the date of enactment of this Act and 
quarterly thereafter, the Department, in consultation with 
other appropriate components, shall submit to the Committee 
monthly encounter data and estimates of the numbers of ``turn 
backs'' and ``got aways'' at the sector level, as defined by 
section 223 of Title 6, United States Code. Additionally, the 
Department shall provide to the Committee and shall post on a 
publicly accessible website by the 15th of each month the 
following: DHS's total detention capacity as well as usage rate 
during the previous month; the total monthly number of 
``applicants for admission'' under section 1225 of Title 8, 
United States Code, paroled into the United States the previous 
month; the total monthly number of ``applicants for admission'' 
under section 1225 of Title 8, United States Code, released 
into the United States, paroled or otherwise, the previous 
month; the total number of aliens paroled into the United 
States the previous month; of those paroled, the rationale for 
each grant and its duration; and the total number of referrals 
for prosecution made to Department of Justice for illegal entry 
or illegal reentry. The reports shall delineate requests 
received and granted by entity, including CBP, ICE, and USCIS.
    Charging Document Backlog.--The Department is reminded of 
the requirement found in the joint explanatory statement 
accompanying Public Law 117-328 to provide the Committees a 
plan to avoid the release of aliens into the interior of the 
United States without valid charging documents and a plan to 
decrease the ICE backlog.
    Child Welfare Professionals.--Not later than 60 days after 
the date of enactment of this Act, DHS shall post a report on 
its website identifying:
          (1) how many licensed child welfare professionals OHS 
        has hired;
          (2) how many additional licensed child welfare 
        professionals OHS intends to hire and on what 
        timetable;
          (3) in which locations OHS-hired licensed child 
        welfare professionals have been assigned or will be 
        assigned;
          (4) how DHS is using and will use OHS-hired child 
        welfare professionals; and
          (5) any standards guiding the work of OHS-hired 
        licensed child welfare professionals.
    Center for Prevention Programs and Partnerships (CP3).--
Within 180 days of the date of enactment of this Act, and 
annually thereafter, CP3 shall submit to the Committee and make 
publicly available online a report containing the following:
          (1) For each risk factor or behavioral indicator used 
        in CP3 trainings and programs, the evidence base 
        supporting its inclusion, including peer-reviewed 
        research validating its inclusion and whether the 
        Federal Government has funded or supported the cited 
        evidence;
          (2) A description of all privacy, civil rights, and 
        civil liberties protections applicable to CP3 programs, 
        whether administered directly by the Department, 
        through grant recipients, or by other third parties, 
        and a detailed description of how CP3 monitors grant 
        recipient compliance with federal civil rights laws 
        pursuant to 44 C.F.R. Part 7 and any other applicable 
        statutory or regulatory provisions;
          (3) Beginning with the fiscal year 2020 grant cycle, 
        detailed descriptions of:
                  (A) the operative policies for award 
                decisions for each cycle, including the 
                specific criteria for awarding grants and how 
                they were applied;
                  (B) the performance metrics and evaluation 
                criteria for grant recipients for each cycle;
                  (C) a summary of all ongoing evaluations of 
                grantees, including evaluation criteria and 
                performance metrics, as well as a list of all 
                completed or published evaluations;
                  (D) the number of federal, state, and local 
                criminal inquiries opened as a result of 
                referrals from CP3-supported threat assessment 
                and management teams;
                  (E) data on federal inquiries, which shall be 
                disaggregated by investigating agency, type of 
                inquiry, federal investigative classification, 
                and any further enforcement action to include 
                arrest and prosecution;
                  (F) form of terrorism, or targeted violence 
                to be addressed, disaggregated by fiscal year; 
                and
                  (G) a full list of grant applications and the 
                methodology used to assess grant applications.
    Counter-drug efforts in the Caribbean.--The Committee notes 
that the strategic location of Puerto Rico and the U.S. Virgin 
Islands in the Eastern Caribbean makes the territories targets 
for transnational criminal organizations seeking to import 
illicit narcotics and other contraband into the continental 
United States. The Committee expects the Secretary to continue 
prioritizing border security and counter-drug efforts in and 
around Puerto Rico and the U.S. Virgin Islands, including 
through the Department-led Caribbean Border Interagency Group 
and Joint Interagency Task Force-South.
    Immigration Data.--The Department shall continue to follow 
the directives under this subject heading in House Report 117-
396 according to the previously directed timeframes, reporting 
requirements, and other required actions.
    Joint Requirements Council (JRC).--The Committee has had 
longstanding concerns about the value the JRC provides to the 
Department. Briefings provided to the Committee have done 
little to inspire confidence that the JRC is achieving its 
intended purpose of coordinating requirements across 
components, reducing duplication, and saving taxpayer dollars. 
Instead, the JRC, as currently constituted, has become another 
layer of procurement bureaucracy and an impediment to 
components' abilities to meet mission needs through rapid 
acquisitions. The proposed transfer of the JRC to the 
Management Directorate and out of the direct purview of the 
Secretary and Deputy Secretary only confirms the Committee's 
concerns and calls into question the overall value of this 
organization to the DHS enterprise. As a result, no funds are 
recommended for the JRC. Within 60 days of the date of the 
enactment of this Act, DHS is directed to brief the Committee 
on alternative methods to identify opportunities to consolidate 
DHS programs while ensuring DHS components possess the maximum 
degree of flexibility to address mission critical challenges.
    Law Enforcement Support.--The Department is directed to 
continue quarterly reporting, on a publicly accessible website, 
on requests to DHS law enforcement components for support in 
the form of personnel, aircraft, or other assets, consistent 
with reporting required for fiscal year 2023. Support to a non-
federal entity in a location where First Amendment protected 
activity is occurring should only be provided if approved in 
advance by the Secretary, the Deputy Secretary, or the Under 
Secretary for Management, and the Department shall notify the 
Committee not more than 48 hours after the approval of such 
support.
    Limited English Proficiency.--The Committee is aware of the 
efforts the Department is taking to improve communications to 
reach limited English proficient (LEP) communities, including 
through mediums such as television and radio. The Committee 
encourages the Department to review the communication practices 
and create uniform applications across all DHS agencies to 
strengthen communication practices to include digital, 
television, and radio advertising when working with LEP 
communities.
    Migration Analysis Center.--The recommendation provides 
$6,499,000 above the request for the Office of Strategy, 
Policy, and Plans to restore reductions proposed in the request 
for the Migration Analysis Center.
    Migrant Medical Care.--Not later than 90 days after the 
date of enactment of this Act, OHS, in collaboration with other 
relevant agencies, shall provide a briefing to the Committee on 
the feasibility of consolidating medical care for those in DHS 
care and custody into OHS. The briefing shall also provide any 
alternate reporting and oversight changes that may strengthen 
the provision of medical care for individuals in DHS care and 
custody. Further, the briefing shall include an estimate of any 
funding, personnel, and procurement impacts, related oversight 
considerations, and a discussion of any necessary changes in 
legal authorities, and it shall provide a plan for how such a 
transition would occur.
    Migrant Mental Health Screening.--Before migrants are 
released from DHS custody into American communities, DHS must 
ensure that migrants' mental health does not pose a threat to 
themselves or the community. Within 180 days of the date of 
enactment of this Act, CBP and ICE, in coordination with OHS, 
are directed to brief the Committee on the current level of 
mental health screenings being conducted to ensure migrants are 
not a danger to themselves or others before they are released.
    National Strategy to Counter Antisemitism.--Not later than 
90 days after the date of enactment of this Act, the Secretary 
shall provide a briefing to the Committee on the Department's 
role in implementing the U.S. National Strategy to Counter 
Antisemitism. The briefing shall detail actions taken and 
planned to support this effort, and further, the Department 
shall release a public report detailing its role in 
implementing this strategy.
    Office for Civil Rights and Civil Liberties (CRCL).--CRCL 
shall continue to ensure that all individuals whose complaints 
it investigates receive information within 30 days of the 
submission of a final report or recommendations memorandum, 
including findings of fact, conclusions, and recommendations, 
and ensure that such information is included in its annual 
report to Congress and posted on its website, consistent with 
individual privacy protections.
    Office of the Immigration Detention Ombudsman (OIDO).--The 
recommendation includes no funds for OIDO. The Committee 
supports appropriate levels of oversight for every population 
detained by DHS to guard against abuse and ensure those in DHS 
custody reside in safe, secure, and humane conditions. However, 
there are no fewer than 15 organizations throughout the 
government, and at least eight within the DHS enterprise alone, 
that are charged with varying degrees of responsibility to 
ensure detained populations are treated in a manner consistent 
with the law and DHS policy. Within 30 days of the date of the 
enactment of this Act, the Department is directed to brief the 
Committee on plans to consolidate immigration detention 
oversight into a singular office, including the proposed 
transfer of personnel, as necessary. The briefing shall specify 
where consolidation cannot occur due to statutory limitations. 
The consolidation plan shall not apply to the Office of 
Inspector General, or to components with self-inspection 
mandates, which shall continue ongoing work related to 
immigration detention inspection.
    Office of Health Security Authorities and 
Responsibilities.--The Committee reminds the Department of the 
requirement that OHS review all contracts that broadly impact 
how the Department delivers healthcare to individuals in its 
custody and to departmental personnel. This includes any 
contracts related to electronic health or medical records. 
Additionally, OHS, in coordination with DHS components, shall 
develop requirements for medical services and measurable 
performance standards for current and future healthcare record 
systems.
    Office of Homeland Security Statistics (OHSS).--The 
recommendation provides $3,900,000 above the request for OHSS 
to restore proposed reductions.
    Official Reception and Representation Expenses.--DHS shall 
continue to submit quarterly obligation reports for official 
reception and representation expenses, as in prior years, and 
shall not use such funds for collectibles or memorabilia.
    Outreach to Tribes and Rural Areas.--The Office of 
Partnership and Engagement (OPE) is encouraged to increase its 
outreach efforts to rural communities and tribes in support of 
the homeland security mission, including for members of 
federally recognized Indian tribes with reservation lands that 
cross the U.S.-Canada border.
    Partnership and Engagement.--The Committee concurs with the 
proposed transfer associated with the Blue Campaign from OPE to 
the Department's Center for Countering Human Trafficking, 
located within ICE's Homeland Security Investigations, to 
consolidate the Department's counter human-trafficking efforts 
into one location.
    Performance Measures.--The Committee directs all agencies 
funded by this Act to comply with Title 31 of the United States 
Code, including the development of their organizational 
priority goals such as performance outcome measures, output 
measures, efficiency measures, and customer service measures.
    Prosecution Referrals.--The Department shall continue to 
follow the directives under this subject heading in House 
Report 117-396 according to the previously directed timeframes, 
reporting requirements, and other required actions.
    Recalcitrant Countries.--The Department is reminded of the 
direction in House Report 117-396 to submit a report to the 
Committee on efforts to remove migrants encountered from 
countries who currently refuse to accept returns.
    Record Preservation and Public Access.--DHS shall brief the 
Committee, not later than 60 days after the date of enactment 
of this Act, regarding component record preservation policies 
and requirements related to aliens in custody. DHS is directed 
to make publicly available, and update on a monthly basis on 
its FOIA Library website, records that include finalized 
investigations and reports of allegations of abuses against 
aliens in CBP and ICE custody.
    Rural Broadband Access.--To expand rural broadband 
infrastructure in unserved rural areas and tribal lands along 
the southwest and northern borders, the Committee encourages 
the Secretary to identify opportunities for public-private 
partnerships with broadband providers to incorporate affordable 
public accessible broadband into current and future tactical 
infrastructure projects. The Committee reminds the Department 
of the briefing requirement on these efforts that was required 
by the joint explanatory statement accompanying Public Law 117-
103.
    Telemental Health and Employee Assistance Pilot.--The 
recommendation provides $1,500,000 above the request for OHS to 
conduct a pilot program that enables personnel in remote or 
international duty locations to receive telemental health 
services and enhanced access to employee assistance 
initiatives. This pilot should include a scalable solution 
which enables delivery of face-to-face, synchronous, video-
based teleconferencing between patients and providers that may 
reduce barriers to seeking care; promotes utilization of 
services prior to a crisis; supports employees after a critical 
incident; and meets the current challenges related to shortage 
of clinical providers. OHS shall work in coordination with 
serviced component agencies to provide the Committee a briefing 
within 90 days of the date of enactment of this Act on the 
execution plan for this program.
    Visa Overstays.--Consistent with section 1376 of Title 8, 
United States Code, the Department is directed to submit an 
updated report outlining its comprehensive strategy for 
overstay enforcement and deterrence not later than 180 days 
after the date of enactment of this Act. The report shall 
detail ongoing actions to identify aliens who have overstayed 
their visas, including efforts to improve overstay reporting 
capabilities; notify aliens in advance of their required 
departure dates; track overstays for enforcement action; refuse 
or revoke current and future visas and travel authorization; 
and otherwise deter violations or take enforcement action.
    Women, Peace, and Security.--The recommendation restores 
the proposed reduction in the request for this initiative. The 
Committee supports this program and directs the Department to 
continue to implement the requirements in the Women, Peace, and 
Security Act of 2017 (Public Law 115-68).

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

 
 
 
Appropriation, fiscal year 2023.......................        $8,048,000
Budget request, fiscal year 2024......................             - - -
Recommended in the bill...............................             - - -
Bill compared with:
  Appropriation, fiscal year 2023.....................        -8,048,000
  Budget request, fiscal year 2024....................             - - -
 

                           FEDERAL ASSISTANCE

 
 
 
Appropriation, fiscal year 2023.......................       $40,000,000
Budget request, fiscal year 2024......................        35,000,000
Recommended in the bill...............................             - - -
Bill compared with:
  Appropriation, fiscal year 2023.....................       -40,000,000
  Budget request, fiscal year 2024....................       -35,000,000
 

                         Management Directorate


 
 
 
Appropriation, fiscal year 2023\1\....................    $4,181,884,000
Budget request, fiscal year 2024......................     4,648,031,000
Recommended in the bill...............................     4,027,471,000
Bill compared with:
  Appropriation, fiscal year 2023.....................      -154,413,000
  Budget request, fiscal year 2024....................      -620,560,000
 
 
\1\The amounts for each fiscal year include appropriations for the
  Federal Protective Service that are entirely offset by fee collections
  from other federal agencies, which for fiscal year 2024 are estimated
  by the Congressional Budget Office at $2,204,387,000.

                                Mission

    The mission of the Management Directorate is to provide 
enterprise leadership and management and business 
administration services for the Department, as well as 
biometric and identity management services.

                         OPERATIONS AND SUPPORT

 
 
 
Appropriation, fiscal year 2023.......................    $1,743,160,000
Budget request, fiscal year 2024......................     1,733,412,000
Recommended in the bill...............................     1,695,326,000
Bill compared with:
  Appropriation, fiscal year 2023.....................       -47,834,000
  Budget request, fiscal year 2024....................       -38,086,000
 

    The recommendation includes the following reductions below 
the request: $30,000,000 for electric vehicle procurement; 
$4,702,000 for the establishment of a Chief Diversity and 
Inclusion Office; $3,304,000 for climate change initiatives; 
$3,081,000 for the Cybersecurity and Diversity Fellowship; and 
$3,000,000 for the STRIDE initiative.
    Advertising Services.--The Department shall update the 
information required under this subject heading in House Report 
117-396, according to the previously directed timeframes yet 
modified for the next fiscal year, reporting requirements, and 
other required actions.
    Budget Justifications.--The Department is expected to 
provide complete justification materials for the fiscal year 
2025 budget request, including details for each office and 
program, and to clearly describe and account for current 
services, transfers, adjustments to base, and program changes. 
In addition to the detail provided in current reporting, the 
justifications shall incorporate output from predictive models 
used by departmental components. For each relevant program 
area, justifications shall clearly describe and quantify the 
projections used to inform resource requests, indicate the 
offices and components impacted by the projections, and confirm 
whether the budget requests for those offices and components 
were developed using the same assumptions. In addition, the 
Chief Financial Officer is directed to ensure that fiscal year 
2025 budget justification materials for classified and 
unclassified budgets of all components are submitted concurrent 
with the President's budget submission to the Congress.
    Compliance with 21st Century Integrated Digital Experience 
Act (IDEA).--The Committee supports the ongoing digitization 
efforts of several components within the Department to comply 
with 21st Century IDEA (Public Law 115-336), which requires 
executive branch agencies and components to modernize their 
websites, digitize paper-based services and forms, accelerate 
use of e-signatures, and improve customer experience. The 
Committee is concerned that progress has been slow and many 
components lack a plan to transition from their current paper-
based and manual workflows. Therefore, the Office of the Chief 
Information Officer shall provide a briefing to the Committee 
not later than 90 days after the date of enactment of this Act 
on its plans to work across the Department to achieve full 
compliance with 21st Century IDEA. Specifically, the Committee 
encourages the Department to ensure all public facing forms are 
modernized, secure, mobile responsive, and include an 
electronic signature option as required by section 3(a) and (b) 
of 21st Century IDEA. No component shall delay efforts to 
continue to make progress towards this requirement.
    Component Staffing Plans.--The Department shall submit 
staffing plans to the Committee on a quarterly basis and shall 
ensure such plans are connected to activity-level details in 
the budget justification materials.
    Counter-Unmanned Aerial Systems.--The Department is 
reminded of the requirement found in the joint explanatory 
statement accompanying Public Law 117-328 under the same 
heading.
    Federal Risk and Authorization Management Program 
(FedRAMP).--The Committee encourages the Department to enhance 
its FedRAMP authorization, management, and review duties to 
realize an increase in accreditation and authorizations granted 
by the FedRAMP Board in fiscal year 2024.
    Homeland Advanced Recognition Technology System (HART).--
The Committee is dismayed that initial operating capability 
(IOC) of the HART system is further delayed, particularly as 
HART's predecessor, the Automated Biometric Identification 
System (IDENT), requires additional investments for 
sustainment. As such, the Department is directed to provide a 
precise schedule for HART architectural refresh and achievement 
of IOC within 30 days of the date of enactment of this Act. The 
Department shall provide an update of schedule execution to the 
Committee on a quarterly basis.
    The Committee looks forward to the independent evaluation 
of HART by an entity that adheres to the National Institute of 
Standards and Technology requirements, as required by the joint 
explanatory statement accompanying Public Law 117-328, as well 
as the follow-on report to GAO-21-386 detailing HART's cost, 
schedule, and implementation of selected privacy requirements.
    Infrastructure Investment and Jobs Act (IIJA).--Public Law 
117-58 provided funding to the General Services Administration 
(GSA) for construction, repairs, alterations, and acquisitions 
of border stations and land ports of entry (POEs). Not later 
than 30 days after the date of enactment of this Act, the 
Department and GSA shall provide a detailed briefing of the 
following: a spend plan for the use of these funds; obligations 
and expenditures incurred thus far; capacity increases, such as 
operational throughput increases; and any other benefits 
anticipated through use of these funds.
    Additionally, not later than 90 days after the date of 
enactment of this Act, the Department shall provide a joint 
briefing to the Committee on projected outyear costs associated 
with the funding, including increased staffing and technology 
requirements. Such briefing shall also detail changes to 
current POE protocols and alterations to agreements with Mexico 
as a result of these funds.
    Integrated Multi-Domain Enterprise.--The recommendation 
provides $9,000,000 above the request to expand ongoing efforts 
that support development and implementation of an enhanced 
Department-wide data exchange platform and common operating 
picture that elevates the Department's ability to share mission 
critical data for improved operational coordination, 
situational awareness, and evidence-informed operational and 
policy decision-making across multiple domains, including 
maritime. This platform shall serve as the Department-wide 
capability that components leverage to share intelligence and 
operational information across mission areas.
    Joint Processing Centers (JPCs).--Not later than 90 days 
after the date of enactment of this Act, the Under Secretary 
for Management shall develop and brief the Committee on 
Department-wide requirements and operating procedures for JPCs 
funded in previous fiscal years.
    Obligation Plans.--The Department shall continue to submit 
obligation plans on a quarterly basis, and the Office of the 
Chief Financial Officer (OCFO) shall require the use of a 
uniform obligation plan template to ensure consistency across 
components, which shall include quarterly spending targets for 
each account and PPA. OCFO shall be responsible for ensuring 
that components with major acquisition programs include the 
breakout of these programs within their quarterly plans and 
provide additional context to describe and justify any changes 
from the prior submission. During the period of any continuing 
resolution, OCFO shall provide a briefing on the corresponding 
obligation and budget execution plan within 15 days of the 
beginning of such period.
    Office of Biometric Identity Management (OBIM).--The 
recommendation provides $237,607,000 for OBIM. OBIM is directed 
to continue briefing the Committee on a semiannual basis on its 
workload, service levels, staffing, modernization efforts, and 
other operations.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

 
 
 
Appropriation, fiscal year 2023.......................      $325,245,000
Budget request, fiscal year 2024......................       710,232,000
Recommended in the bill...............................       127,758,000
Bill compared with:
  Appropriation, fiscal year 2023.....................      -197,487,000
  Budget request, fiscal year 2024....................      -582,474,000
 

    The recommendation includes the following reductions below 
the request: $264,192,000 for the National Capitol Region (NCR) 
headquarters consolidation; $165,000,000 for a third joint 
processing center; and $97,282,000 for electric vehicle 
infrastructure.
    Financial Systems Modernization.--The recommendation does 
not include the requested increase of $56,000,000 for financial 
systems modernization. The Department shall brief the Committee 
not later than 90 days after the date of enactment of this Act 
on progress of the Department-wide financial systems 
modernization, as well as plans for the project in upcoming 
fiscal years.
    Headquarters Consolidation.--The Committee reminds the 
Department of the directive found in the joint explanatory 
statement accompanying Public Law 117-328 with respect to 
briefing the Committees on an updated plan for St. Elizabeths 
as compared to the original plan. The Department is also 
directed to provide a briefing to the Committee within 90 days 
of the date of enactment of this Act on all current and future 
projects as outlined in the NCR DHS Lease Consolidation Plan.

                       FEDERAL PROTECTIVE SERVICE

 
 
 
Appropriation, fiscal year 2023.......................    $2,113,479,000
Budget request, fiscal year 2024......................     2,204,387,000
Recommended in the bill...............................     2,204,387,000
Bill compared with:
  Appropriation, fiscal year 2023.....................       +90,908,000
  Budget request, fiscal year 2024....................             - - -
 

                                Mission

    The Federal Protective Service (FPS) delivers law 
enforcement and protective security services to federally 
owned, leased, or operated facilities.
    The Committee recommends $2,204,387,000 for the FPS, as 
requested, which is fully offset by fees collected from FPS 
customer agencies. The Committee encourages the Department to 
balance FPS fee increases with the impact of those fee 
increases on other parts of DHS.
    Obligations.--Not later than 30 days after the date of 
enactment of this Act, FPS is directed to submit a table on 
object-class level obligations by PPA that displays actual 
obligations for fiscal years 2022 and 2023, along with actual 
obligations for fiscal year 2024 to-date and obligation 
projections for the remainder of the year compared to the 
estimates in the fiscal year 2024 request. FPS shall provide 
quarterly updates to this table and notify the Committee within 
30 days of any changes to its estimates for Basic Security 
Services revenue.

           Intelligence, Analysis, and Situational Awareness


                                Mission

    The missions supported through Intelligence, Analysis, and 
Situational Awareness are twofold: to equip the Homeland 
Security Enterprise with timely intelligence and information to 
keep the homeland safe, secure, and resilient; and to provide 
operations coordination, information sharing, situational 
awareness, a common operating picture, and departmental 
continuity.

                         OPERATIONS AND SUPPORT

 
 
 
Appropriation, fiscal year 2023.......................      $316,640,000
Budget request, fiscal year 2024......................       349,424,000
Recommended in the bill...............................       348,736,000
Bill compared with:
  Appropriation, fiscal year 2023.....................       +32,096,000
  Budget request, fiscal year 2024....................          -688,000
 

    The recommendation provides $348,736,000, which is $688,000 
below the requested amount. The recommendation does not fund 
the personnel associated with the Intelligence Data Environment 
for Analytics (IDEA) program.
    Annual Budget Justification Materials.--The fiscal year 
2025 budget justification materials for the classified budget 
shall include the same level of detail required for other PPAs.
    Continuation of Fiscal Year 2023 Requirements.--The 
Department is directed to continue providing in fiscal year 
2024 any briefing and report outlined in the classified annex 
accompanying Public Law 117-328.
    Cyber Harassment Threat Assessment.--The Office of 
Intelligence and Analysis (I&A) shall develop a threat 
assessment on acts of cyber harassment and online doxing 
perpetrated by foreign malign actors, including terrorists and 
other malicious groups, particularly those targeting U.S. 
government entities and personnel. Not later than 120 days 
after the date of enactment of this Act, I&A shall submit the 
results of this assessment to the Committee.
    Information Sharing to Prevent School Violence.--The 
Committee encourages I&A to work with primary and recognized 
fusion centers to improve the use of open-source based threat 
analyses to detect threats online and supports voluntary 
information-sharing arrangements between the private sector, 
I&A, and fusion centers that help inform such analyses while 
simultaneously protecting individual privacy. No later than 60 
days after the date of enactment of this Act, the Department 
shall provide a briefing about this effort.
    Intelligence Expenditure Plan.--The Department's Chief 
Intelligence Officer is directed to brief the Committee on the 
fiscal year 2024 expenditure plan for I&A within 90 days of the 
date of enactment of this Act. The plan shall include the 
following:
          (1) fiscal year 2024 expenditures and staffing 
        allotted for each program as compared to fiscal years 
        2020 through 2023;
          (2) all funded versus on-board positions, including 
        FTE, contractors, and reimbursable and non-reimbursable 
        detailees;
          (3) a plan for all programs and investments, 
        including dates or timeframes for achieving key 
        milestones; and
          (4) allocations of funding within each PPA for 
        individual programs and a description of the desired 
        outcomes for fiscal year 2024.
    Intelligence Sharing on the Southern Border.--The ongoing 
crisis at the southern border highlights the need for strong 
collaboration between the Department and its SLTT partners. 
Timeliness is critical to effective intelligence and 
information sharing to target cartels and other nefarious 
actors facilitating transnational illicit activity. The 
Committee urges I&A to develop a strategy to better leverage 
fusion centers to share actionable information with SLTT 
partners to improve border security.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

 
 
 
Appropriation, fiscal year 2023.......................             - - -
Budget request, fiscal year 2024......................       $23,831,000
Recommended in the bill...............................             - - -
Bill compared with:
  Appropriation, fiscal year 2023.....................             - - -
  Budget request, fiscal year 2024....................       -23,831,000
 

    The recommendation does not include the requested funding 
for the IDEA program.

                      Office of Inspector General


                                Mission

    The DHS Office of Inspector General (OIG) conducts and 
supervises independent audits, investigations, and inspections 
of DHS programs, projects, and activities; identifies fraud, 
abuse, mismanagement, and inefficiencies in the use of funds; 
and makes recommendations for improving the execution of DHS 
missions.

                         OPERATIONS AND SUPPORT

 
 
 
Appropriation, fiscal year 2023.......................      $214,879,000
Budget request, fiscal year 2024......................       228,371,000
Recommended in the bill...............................       228,371,000
Bill compared with:
  Appropriation, fiscal year 2023.....................       +13,492,000
  Budget request, fiscal year 2024....................             - - -
 

    Custody Operations Reporting.--OIG is directed to continue 
its program of unannounced inspections of immigration detention 
facilities and to publish the results of the inspections and 
other reports and notifications related to custody operations 
activities on a publicly available website. The OIG shall 
regularly consult with congressional oversight committees when 
developing and updating its strategy for conducting these 
inspections.
    Denial of OIG Access to Records and Information.--The OIG 
shall provide a quarterly report to the Committee concerning 
any component efforts to prevent or impede OIG access to 
records, documents, or other materials. The report shall 
include, at a minimum, a summary of the OIG request, a 
description of the component response to the request, and any 
other information the OIG determines appropriate. The OIG is 
urged to ensure the timeliness of such reports.
    Quarterly Budget and Staffing Briefings.--The OIG shall 
provide the Committee budget and staffing briefings on a 
quarterly basis, a change from the current monthly cadence. The 
briefings shall include all available sources of funds and 
shall reflect budget and staffing profiles by the types of 
audits, investigations, and inspections planned and executed.

                   Title I--Administrative Provisions

    Section 101. The Committee continues a provision requiring 
the Department to submit a report to the Inspector General 
regarding grants or contracts awarded by means other than full 
and open competition, and requires the Inspector General to 
review such grants or contracts and report the results to the 
Committees.
    Section 102. The Committee continues a provision requiring 
the Chief Financial Officer of the Department to provide a 
monthly budget and staffing report to the Committees.
    Section 103. The Committee continues a provision requiring 
the Secretary to notify the Committees of any proposed transfer 
of funds from the Department of Treasury Forfeiture Fund to any 
DHS component.
    Section 104. The Committee continues a provision related to 
costs associated with the use of government aircraft by DHS 
personnel in support of official travel of the Secretary and 
Deputy Secretary.
    Section 105. The Committee continues a provision requiring 
the Under Secretary for Management to provide quarterly 
acquisition information to the Committees.
    Section 106. The Committee continues and modifies a 
provision requiring specified documentation for pilot and 
demonstration programs and restricting the use of Operations 
and Support funding for any pilot or demonstration program 
involving more than 5 full time personnel equivalents or 
costing in excess of $5,000,000 unless the Secretary provides 
such information to the Committees related to the program's 
goals, metrics, and implementation plan.

          TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS


                   U.S. Customs and Border Protection


 
 
 
Appropriation, fiscal year 2023.......................   $16,677,252,000
Budget request, fiscal year 2024......................    16,831,062,000
Recommended in the bill...............................    19,934,331,000
Bill compared with:
  Appropriation, fiscal year 2023.....................    +3,257,079,000
  Budget request, fiscal year 2024....................    +3,103,269,000
 

                                Mission

    The mission of U.S. Customs and Border Protection (CBP) is 
to protect the nation through the enforcement of immigration 
and customs laws, interdiction of illegal activity between the 
ports of entry, and facilitation of the flow of legitimate 
trade and travel at the official ports of entry.

                         OPERATIONS AND SUPPORT

 
 
 
Appropriation, fiscal year 2023.......................   $15,590,694,000
Budget request, fiscal year 2024......................    15,384,921,000
Recommended in the bill...............................    16,241,678,000
Bill compared with:
  Appropriation, fiscal year 2023.....................      +650,984,000
  Budget request, fiscal year 2024....................      +856,757,000
 

    The recommendation includes $856,757,000 above the request, 
including increases above the request totaling $882,243,000 and 
reductions to the request totaling $25,486,000.
    Increases above the request include $496,260,000 to fund an 
additional 1,795 Border Patrol Agents, for an end strength of 
no fewer than 22,000 agents; $149,005,000 to restore cuts to 
existing border security technology operations; $97,890,000 to 
reject base pay reductions; $40,000,000 to restore funding for 
Non-Intrusive Inspection and opioid detection technology; 
$35,000,000 for innovative technology; $24,750,000 for aviation 
and maritime security efforts; $19,988,000 to restore 
reductions to combating forced labor efforts; $11,150,000 for 
workforce care and suicide prevention; and $8,200,000 for 
expansion of technology at ports of entry.
    Reductions to the request include $19,629,000 for the 
Incident Driven Video Recording System; $3,634,000 associated 
with unjustified growth in CBP Intelligence; and $2,223,000 for 
Common Operating Picture overfunding.
    Within the total amount provided, the recommendation 
includes $114,515,000 for preventing the importation of items 
produced with forced labor; $43,988,000 for workforce care; 
$6,000,000 for carrizo cane control; $21,000,000 for autonomous 
surveillance towers; $18,500,000 for tactical aerostats; 
$10,440,000 for cross border tunnel threat detection; and 
$20,000,000 to expand the Border Security Deployment Program at 
ports of entry.
    Within the total amount provided, the recommendation makes 
$700,000,000 available until September 30, 2025, of which 
$250,000,000 is for hiring initiatives.
    Biannual Classified Port of Entry Report.--Not later than 
180 days after the date of enactment of this Act, and 
biannually thereafter, the Commissioner shall submit to the 
Committee a biannual classified report that fulfills the 
requirements specified below. The goal of this report is for 
CBP to conduct a capabilities gap analysis on the strategy to 
detect, interdict, and deter the flow of illicit drugs at all 
air, land, and sea ports of entry (POEs), including 
international mail facilities, along the southern and northern 
borders. The report should include:
          (1) a market assessment of all drug interdiction 
        technologies that have been identified, procured, and 
        deployed;
          (2) a complete mapping of which technologies are 
        utilized at POEs and data on its usage;
          (3) staff training plans and ongoing training needs 
        for each of the technologies;
          (4) an ongoing strategic plan for drug interdiction 
        technology rollout at all POEs including any civil 
        works, installation, and site prep for previously 
        funded technology or planned procurements;
          (5) cost estimates to achieve 100 percent scanning of 
        commercial and passenger vehicles and freight rail or 
        an appropriate alternative, with acquisition timelines;
          (6) the Artificial Intelligence/Machine Learning plan 
        for technology already deployed or planned for 
        procurement;
          (7) a comprehensive assessment of interdiction 
        technology and staffing models and the process deployed 
        between POEs for illicit drug detection with a primary 
        focus on narcotics detection;
          (8) efforts to interdict the outbound flow of 
        smuggled firearms and illicit currency that facilitates 
        the activities of transnational criminal organizations 
        and the strategic plan to increase outbound 
        inspections; and
          (9) a comprehensive assessment of interdiction 
        technology and staffing models and the process deployed 
        between POEs for illicit drug detection with a primary 
        focus on narcotics detection.
    Border Search and Rescue.--Within 90 days of the date of 
enactment of this Act, CBP shall submit a report to the 
Committee on its search and rescue efforts during fiscal year 
2023, including:
          (1) the number of migrant deaths, by sector and cause 
        of death;
          (2) the number of rescue beacons, frequency of beacon 
        activation, and rescues in response to beacon 
        activation, by sector;
          (3) the results of the survey of Border Patrol 
        stations on rescue beacons; and
          (4) options for reducing the number of migrant deaths 
        along the border, including an assessment on the 
        effectiveness of water supply sites and rescue beacons.
    Checkpoint, Transportation, and Roving Patrol Stops.--CBP 
shall continue to collect and report publicly on its website 
data pertaining to all checkpoints, transportation checks, and 
roving patrol stops, to be updated semi-annually with all 
necessary redactions of personally identifiable information 
about specific individuals. For roving patrols, the data should 
include:
          (1) the total number of use of force incidents and 
        arrests by location;
          (2) the citizenship status of subjects arrested; and
          (3) the amount and type of property seized.
    For transportation checks, the data should include:
          (1) a description of the boarding of public 
        conveyance by CBP in air, maritime and ground stations, 
        ports, and terminals when an arrest is made;
          (2) the total number of use of force incidents and 
        arrests by location;
          (3) the citizenship status when an arrest is made; 
        and
          (4) the amount and type of property seized.
    For checkpoints, the data should include:
          (1) the location of all tactical and permanent 
        checkpoints that were in operation for any period of 
        time;
          (2) the total number of use of force incidents and 
        arrests by location;
          (3) the citizenship status of subjects arrested 
        following secondary inspection;
          (4) the amount and type of property seized; and
          (5) a description of how the agency uses information 
        collected by cameras and license plate readers.
    Drug Trafficking Outside the Continental United States.--
The Committee recognizes CBP's role in combatting drug 
trafficking in Hawaii and the alarming increase of illicit 
substances smuggled. Not later than 180 days after the date of 
enactment of this Act, CBP shall provide a briefing to the 
Committee on its effort to combat drug trafficking in this 
region. The briefing shall include the estimated volume of 
narcotics smuggled, a description of CBP's coordination with 
other nations to combat drug trafficking in the region, and any 
challenges associated with combating drug trafficking, 
including resources or authorities needed.
    Electronic Device Searches.--The Committee directs CBP to 
continue publishing data on its public-facing website related 
to secondary inspections at POEs, as described under this 
subject heading in the joint explanatory statement accompanying 
Public Law 117-328.
    Exposure Containment Devices.--The Committee recognizes the 
clear danger to law enforcement personnel posed by secondary-
exposure to illicit substances like fentanyl and other opioids. 
The Committee is interested in the deployment and use of 
exposure containment devices specifically used to counter 
aerosolization of lethal compounds such as synthetic opioids. 
Not later than 180 days after the date of enactment of this 
Act, CBP is directed to brief the Committee on necessary next 
steps related to securing these devices.
    Health of Detained Women in CBP Facilities.--Not later than 
90 days after the date of enactment of this Act, CBP shall 
provide a briefing to the Committee outlining medical treatment 
and attention provided to women who are pregnant, nursing, or 
postpartum.
    High-Speed Pursuit Policy.--The Committee is concerned that 
CBP Directive No. 4510-026A, U.S. Customs and Border Protection 
Emergency Driving and Vehicular Pursuits, may significantly 
restrict CBP officers' and agents' ability to secure our border 
and pursue fleeing suspects who have illegally entered our 
country. The Committee directs CBP to provide a briefing, not 
later than 60 days after the date of enactment of this Act, on 
the tradeoffs considered in the development of this policy, how 
CBP plans to address agent and officer training concerns, and 
the risks that this new policy poses to local border 
communities.
    Human Smuggling.--The Committee encourages the Department 
to work with its federal law enforcement partners to ensure the 
enforcement of anti-drug and anti-smuggling laws is carried out 
in a manner protective of human life and safety. In particular, 
DHS should work to prevent the passage of any vehicle through a 
checkpoint or POE for purposes of a controlled delivery by 
another law enforcement agency if the vehicle may contain 
individuals being smuggled under unsafe conditions, such as the 
smuggling of one or more individuals in a confined or non-air-
conditioned space.
    Innovative Technology.--The Committee recommends a total of 
$55,000,000 for innovative technologies, to include $35,000,000 
within Operations and Support (O&S) and $20,000,000 within 
Procurement, Construction, and Improvements (PC&I). CBP is 
encouraged to review the following technologies: unmanned 
maritime vessels; autonomous systems; remote sensing; 
artificial intelligence and advanced analytics; process 
automation; DNA point of origin analysis; supply chain 
awareness; and aerostats. CBP is directed to update the 
Committee on the planned obligation of these funds not fewer 
than 15 days prior to any obligation of funds. Funding shall 
not exceed $5,000,000 for any individual project.
    Innovative Technology Transition.--Since fiscal year 2019, 
Congress invested $195,000,000 in CBP's Innovative Technology 
initiative, including $115,000,000 within O&S and $80,000,000 
within PC&I. The relative weight given to O&S funding has been 
intentional, designed to help CBP support the continued 
operation of successful technologies beyond the initial 
demonstration phase until they can be transitioned to a program 
of record within one of CBP's operational sub-components. The 
Committee applauds the work of the Innovation Team to identify 
and demonstrate promising new commercial technologies but is 
concerned that more work is required to capitalize on Congress' 
investment in innovation by more quickly transitioning 
successful technologies into CBP's base budget. The Committee 
recommends establishing a formalized process for considering 
the inclusion of funding for successful innovative technologies 
into CBP's annual budget request. The Committee directs CBP to 
provide an update on such efforts not later than 90 days after 
the date of enactment of this Act.
    Migrant Safety.--CBP shall continue its policies and 
activities that help protect migrants who travel on foot 
through dangerous terrain after having entered the United 
States between the POEs. CBP shall continue to prohibit its 
personnel from engaging in any activity that could damage water 
and food caches and shall continue migrant safety efforts, 
including through the placement and maintenance of additional 
rescue beacons. The recommendation includes $2,000,000, as 
requested, for rescue beacons.
    Land Port of Entry Infrastructure Capital Plan.--Not later 
than 30 days after the submission of the President's budget 
request for fiscal year 2025, the Commissioner shall submit a 
report that details its prioritization of land POE 
infrastructure capital investment projects, the methods and 
models used to determine prioritization, and an overview of 
Public-Private Partnership agreements. The Committee encourages 
the Commissioner to work with GSA and the Office of Management 
and Budget on the annual 5-year Land POEs modernization plan, 
which is based on CBP's operational priorities and should 
include plans to complete the modernization of pre-9/11 POEs 
along the northern border. Specific attention should be paid to 
the health, safety, and welfare needs of CBP Officers.
    Polygraph.--The Committee directs CBP to provide a briefing 
within 90 days of the date of enactment of this Act on the 
number of CBP agent and officer applicants that have failed the 
required polygraph test. The briefing shall include the main 
reasons for failure, pass rates of other federal law 
enforcement agencies, and a breakdown of the number of 
polygraph failures that are veterans or current law enforcement 
officers.
    Quarterly Budget and Staffing Briefings.--In addition to 
the requirement set forth in section 102 of this Act, CBP shall 
provide the Committee quarterly budget and staffing briefings 
beginning not later than 45 days after the date of enactment of 
this Act and not later than 30 days after the close of each 
quarter thereafter. The briefings shall include any source of 
funding available to CBP for obligation; align projected and 
executed budgetary obligations and on-board staffing data to 
program areas within each PPA; and delineate pay from non-pay 
obligations. CBP is directed to provide the data and other 
information supporting each briefing to the Committee in a 
downloadable, searchable, and sortable spreadsheet format. The 
first briefing shall include:
          (1) planned monthly obligations and onboard staffing 
        projections for the fiscal year against which execution 
        data will be compared in subsequent briefings, along 
        with any changes to the plan;
          (2) a consultation with the Committee on a plan and 
        format for future quarterly briefings;
          (3) a description of any limitations that CBP's 
        financial and staffing systems of record present 
        towards complying with requirements under this heading, 
        such as the monitoring of obligations and onboard staff 
        at the program level; and
          (4) plans to address such limitations.
    Prior to the first briefing, CBP shall provide the 
Committees a proposed list of program areas to be tracked 
within each PPA, which shall include at a minimum any program 
enhancements in this Act for congressional priorities described 
in this statement or enhancements that were in the President's 
budget request.
    Recruitment, Hiring, and Retention.--The Committee reminds 
CBP of the requirement to provide a briefing on efforts to 
improve hiring and retention, as required under the same 
heading in the joint explanatory statement accompanying Public 
Law 117-328.
    Video Monitoring.--CBP shall provide for continuous video 
monitoring and recording in its facilities that house and 
process migrants. Any non-working video or recording systems 
and associated recording or storage equipment in a facility 
that houses or processes migrants must be identified and 
prioritized for repair or replacement within 24 hours. 
Equipment that remains non-working after 24 hours shall be 
reported as a Serious Incident to the CBP Watch and a weekly 
outage and repair status report shall be provided to agency 
leadership and the Office of Professional Responsibility. CBP 
is directed to pilot rapidly deployable interim solutions to 
provide comparable coverage and recording capability until such 
time as the permanent system can be repaired or replaced. 
Further, prior to the next employee performance cycle, CBP 
shall provide a briefing to the Committee with a plan to 
leverage employee performance goals and evaluations to 
establish proper oversight of video monitoring systems as a 
performance metric.
    Workforce Care.--The Committee recommends a total of 
$43,988,000, $11,150,000 above the request, for on-site 
clinicians, sustainment of all family support care, CBP support 
networks, expansion of employee well-being centers, and 
deployment of Field Resilience teams consisting of Operational 
Psychologists and Field Resilience Specialists. Not later than 
30 days after the date of enactment of this Act, CBP shall 
brief the Committee on an obligation plan for this funding. The 
Committee remains deeply concerned about the epidemic of CBP 
personnel suicide and recognizes that a significant percentage 
of CBP employees do not seek mental health assistance. The 
Committee is encouraged by CBP's efforts to identify new 
approaches and technology which will enable federal employees 
and their families to seek and rapidly secure support through 
technology platforms. Of the amount provided, $2,000,000 is 
provided to evaluate or expand technology platforms to aid CBP 
employees and their family members in seeking support, and 
$3,000,000 is provided to expand employee well-being centers. 
Not later than 90 days after the date of enactment of this Act, 
CBP shall provide a briefing to the Committee on the relevant 
technology platforms, including their application and 
effectiveness, and plans for this funding to include an update 
on the existing well-being pilot program. The briefing shall 
also describe how CBP is addressing concerns related to stigma, 
privacy, and family-related needs.

                       Border Security Operations

    Autonomous Aerostats.--The Committee understands that 
recent technological advances in autonomous aerostats can yield 
significant savings in acquisition and operational costs when 
compared to the current fleet of legacy aerostats, which have 
low mission availability rates and are expensive to maintain 
due to their heavy reliance on personnel. The Committee is 
aware that recent demonstrations of autonomous aerostats by CBP 
elicited encouraging results and recommends that CBP move 
beyond test flights and consider an operational demonstration 
deployment of an autonomous aerostat.
    Border Patrol Checkpoints.--The Committee recognizes the 
importance of facilitating security through the use of U.S. 
Border Patrol checkpoints throughout the country. The Committee 
encourages CBP to explore the use of additional checkpoints 
that would interdict contraband, including fentanyl and other 
illegal opioids, specifically at those near the southwest 
border, such as the San Clemente checkpoint.
    Border Patrol Hiring.--The recommendation provides funding 
for no fewer than 22,000 Border Patrol Agents, an increase of 
1,795 above the request. CBP has struggled to hire agents 
despite continued investment by the Committee. Growing the 
pipeline of qualified applicants, further reducing attrition at 
the Border Patrol Academy, and retaining the existing agent 
workforce should be CBP's top priorities. The Committee 
provides additional flexibility to use funding which cannot be 
readily executed in fiscal year 2024 to hire agents for 
targeted Border Patrol Agent retention and recruitment efforts, 
to support increasing situational awareness, operational 
readiness, improve employment analytics, and return agents to 
their primary law enforcement functions including replacing the 
capabilities currently provided by the Department of Defense.
    Cargo Inspections at Border Patrol Checkpoints.--The 
Committee recognizes that CBP is taking steps to improve the 
efficiency and effectiveness of its automated cargo inspections 
for tractor-trailers crossing at land POEs and directs CBP to 
conduct a feasibility and requirements analysis for deploying 
and implementing technology and cargo inspection processes that 
maximize the effectiveness and efficiency of processing 
commercial vehicles crossing U.S. Border Patrol checkpoints. 
Not later than 120 days after the date of enactment of this 
Act, CBP shall provide a briefing to the Committee with the 
results of this analysis, which shall include criteria for 
determining how CBP would prioritize the locations where such 
investments would be most beneficial and the associated cost 
estimates and project risk considerations.
    Carrizo Cane.--The recommendation includes not less than 
$6,000,000 for efforts to control the growth of carrizo cane 
along the Rio Grande River in Texas. CBP shall continue to 
provide quarterly updates on the performance of this program 
related to improved visibility, biomass reduction, and miles of 
river treated.
    Cross Border Tunnel Threat.--The Committee recognizes the 
threat posed by transnational criminal organizations' (TCOs) 
use of subterranean tunnels and underground municipal 
infrastructure to smuggle narcotics like fentanyl, weapons, and 
other illicit materials across the southwest border. As CBP 
focuses additional resources to screen passenger vehicles and 
trucks in pre-primary at the POEs, it has the potential to 
drive narcotic smuggling activity underground. The Committee is 
concerned that, despite having identified 99 miles as being of 
high threat for tunnels, CBP has failed to deploy an effective 
solution to counter the border tunnel threat. Not later than 90 
days after the date of enactment of this Act, CBP shall brief 
the Committee on plans to deploy cross-border tunnel detection 
technology.
    Decommissioned DoD Equipment.--Not later than 120 days 
after the date of enactment of this Act, CBP shall provide a 
briefing to the Committee on the feasibility of disposing 
decommissioned DoD equipment, such as aerostat systems, to the 
original equipment manufacturer, to include envelope, platform, 
and payload components, in exchange for system refabrication, 
integration, and initial operations within CBP. In addition to 
operational requirements considerations, the briefing shall 
address any funding considerations and legal limitations to 
pursing this approach to meeting the agency's needs.
    Dehydration and Fatality Prevention on the Border.--Not 
later than 120 days after the date of enactment of this Act, 
CBP shall provide a briefing to the Committee about any 
challenges in mitigating dehydration-related health risks posed 
to both Border Patrol Agents and to migrants encountered along 
the southwest border. The briefing shall include any options, 
including pilot programs, that the agency recommends exploring 
to further reduce these risks.
    Northern Border Resources and Encounters.--The Committee 
recognizes the unsustainable increase in encounters between 
POEs along the Northern border and the importance of having 
resources to adequately staff and secure this border. The 
Committee urges the Department to prioritize deployment of 
agents and other resources to sectors along the Northern border 
where encounters between POEs are increasing the most and to 
reduce future deployments of agents from sectors to the 
Southern border. Not later than 90 days after the date of 
enactment of this Act, CBP is directed to brief the Committee 
on efforts to address staffing issues, migrant encounters, and 
drug seizures on the Norther border.
    Processing Coordinators.--The Committee includes funding 
for an additional 310 Border Patrol Processing Coordinators, as 
requested. Within 90 days of the date of enactment of this Act, 
CBP shall brief the Committee on the feasibility of using non-
law enforcement personnel to assist with processing, care, and 
transportation of migrants. The briefing shall address the 
legal limitations of using non-law enforcement personnel for 
processing and identify the extent to which processing 
coordinator hiring has returned Border Patrol Agents to their 
normal law enforcement duties.

                      Trade and Travel Operations

    100 Percent Scanning.--Not later than 180 days after the 
date of enactment of this Act, the Commissioner shall submit to 
the Committee an updated 5-year plan for achieving the 
capability to assess 100 percent of commercial and passenger 
vehicles and freight rail traffic entering the United States at 
land and sea POEs using high-throughput scanning technologies 
or threat-based alternatives. This plan shall include the 
following:
          (1) an inventory of existing non-intrusive inspection 
        (NII) equipment or similar technologies currently in 
        use or scheduled to be deployed, by location;
          (2) benchmarks for achieving 100 percent scanning;
          (3) benchmarks for the procurement and deployment of 
        scanning equipment; and
          (4) cost estimates to achieve 100 percent scanning or 
        an appropriate alternative, with acquisition timelines.
    Biometric Exit.--The Committee continues direction for CBP 
to provide a detailed expenditure plan for biometric exit 
activities within 90 days of the date of enactment of this Act, 
which includes information on the timeline for deployment of a 
biometric exit system, as well as a description of the 
capabilities funded by the 9/11 Response and Biometric Exit 
Account, established in Division O of Public Law 114-113. 
Further, the plan should include a realistic cost estimate for 
full implementation. CBP is encouraged to continue to deploy a 
biometric exit capability in the air environment. In line with 
CBP's vision for biometric exit, CBP is also urged to work in 
partnership with the air travel industry on the implementation 
of the Biometric Entry-Exit Program.
    Border Security Deployment Program (BSDP).--The Committee 
recognizes the importance of a comprehensive, integrated, and 
continuous surveillance and intrusion detection system provided 
at CBP locations to improve the safety and security of CBP 
officers and the traveling public. The recommendation includes 
not less than $20,000,000, an increase of $8,200,000 above the 
request, to maintain and modernize the BSDP system 
infrastructure. The Committee directs CBP to provide a briefing 
within 90 days of the date of enactment of this Act on CBP 
efforts to modernize this system.
    Invasive Species in the Non-Contiguous United States.--The 
Committee remains concerned by the continued introduction of 
invasive species to Hawaii and other non-contiguous territories 
and possessions and the damaging impacts on their ecosystems 
and agriculture. The Committee urges CBP to continue 
prioritizing efforts to address invasive species threats to 
non-contiguous territories and possessions, including through 
coordination with relevant federal agencies such as the 
Department of Agriculture, the U.S. Postal Service, and the 
Coast Guard. CBP is directed to provide a briefing to the 
Committee no later than 90 days after the date of enactment of 
this Act on current efforts to combat invasive species 
introduction to non-contiguous territories. The briefing should 
include an analysis of gaps in existing efforts and any 
additional resourcing or authorities needed.
    Lacey Act Amendments of 2008.--CBP is reminded of the 
requirement found in the joint explanatory statement 
accompanying Public Law 117-328 under the heading 
``Environmental Crimes Enforcement.''
    Manifest Data.--Increasing public access to manifest 
information is essential to enforcing trade agreements, 
guarding against abusive trade practices by the Government of 
the People's Republic of China, holding the Chinese government 
accountable for forced labor and genocide practices, and 
protecting American consumers from counterfeit products, 
dangerous shipments of fentanyl, fentanyl precursor chemicals, 
and other dangerous substances and products. Within 90 days of 
the date of enactment of this Act, CBP is directed to submit a 
report on the feasibility of and the personnel, technology, 
training, and strategy needed to provide public access to air 
cargo manifests.
    National Targeting Center.--The bill provides $292,410,000 
for targeting operations. Within these funds, CBP is encouraged 
to review commercial, off-the-shelf artificial intelligence 
capabilities, visual analytics, and search platforms that might 
help improve the National Targeting Center's operations.
    Northern Border Operational Hours.--The Committee 
recognizes the impact of reduced operating hours on local 
businesses, agricultural producers, and communities in both the 
United States and Canada and encourages the DHS to return all 
land ports of entry along the Northern border to operating 
hours that were in effect on October 31, 2019.
    Office of Trade.--The Committee provides $427,654,000, an 
increase of $14,601,000, to restore proposed cuts to CBP's 
combating forced labor efforts.
    Passive Body Scanning.--The Committee is concerned that 
illegal drugs and weapons concealed on individuals continue to 
enter the country through POEs, exposing CBP officers and 
agents during time-consuming, intrusive inspections. The 
Committee is encouraged that CBP has been testing passive body 
scanning to address the smuggling of narcotics. Not later than 
90 days after the date of enactment of this Act, CBP is 
directed to brief the Committee on the employment of passive 
body scanners, including total program cost to date, utility of 
broader deployment at other high-traffic POEs, and costs 
associated with program expansion.
    Passive Muon Tomography.--The Committee is aware of the 
capability to effectively scan dense and/or shielded cargo 
entering U.S. sea and land ports using a passive muon 
tomography scanning system. The Committee urges CBP to consider 
deploying such technology to improve CBP's imaging capability 
of dense cargo and determine additional uses for the technology 
in CBP's layered enforcement system along the southern border 
as well as sea and other land ports.
    Port Runners.--The Committee is concerned with increased 
incidents of port and checkpoint ``running,'' causing safety 
issues for CBP officers, agents, and innocent bystanders. The 
Committee directs CBP to deploy less-than-lethal energy-
absorbing active vehicle barrier systems designed to deter, 
safely stop, and contain ``port-runner'' vehicles at CBP POEs 
that have a history of port running to determine the 
scalability of the technology. Within 90 days after the date of 
enactment of this Act, CBP shall brief the Committee on 
deployment efforts.
    Preclearance.--The Committee supports the continued 
expansion of the preclearance program and urges CBP to consider 
expansion to eligible partners in the Indo-Pacific region.
    Publicly Available Information.--The Committee recognizes 
the value of Publicly and Commercially Available Information 
and Data (PAI/CAD) to National Targeting Center missions to 
provide insights to counter human trafficking, interdict 
organized criminal activity such as fentanyl smuggling, detect 
threats and illicit actors, and facilitate safe travel and 
trade. DHS use of, and need for, efficient data collection and 
analysis of large volumes of PAI/CAD is ever increasing, with 
CBP at the forefront. The Committee urges the National 
Targeting Center to further leverage PAI/CAD for risk detection 
and assessment, particularly in efforts to screen foreign 
travelers.
    Reimbursable Services Program.--CBP is reminded of the 
requirement under the same heading in the joint explanatory 
statement accompanying Public Law 117-328 to brief the 
Committee quarterly on the baseline service levels for each 
air, land, and sea POE.
    Seaport Requirements.--Not later than 120 days after the 
date of enactment of this Act, CBP shall brief the Committee on 
requirements for staff, facility, and security upgrades for 
seaports, to include marine and cruise terminals. The briefing 
should address staffing shortages, upgraded facility and 
security requirements, and plans for technology 
recapitalization; the process used to decide how initiatives 
are funded; a justification for the scope of the requests; how 
CBP works with ports regarding their capital management plan; 
and the legal authority CBP has for making such requests.
    Secure Corridor Strategy.--CBP, the Federal Railroad 
Administration (FRA), Servicio de Adminstracion Tributaria 
(SAT), and freight railroads have collaborated on the 
implementation of a Secure Corridor Strategy that has improved 
the safety, security, and efficiency of cross-border trade and 
freight movement. The Committee continues to encourage CBP to 
continue working with FRA, SAT, and freight railroads to 
further implement this strategy.
    Starr County, Texas Area Port Consolidation.--The Committee 
directs CBP to explore consolidating the Rio Grande City, Texas 
Land Port of Entry and the City of Roma, Texas Land Port of 
Entry into a single area port with one CBP Port Director to 
lead all Land Ports of Entry located in Starr County, Texas. 
CBP shall provide a report on the feasibility of Starr County, 
Texas Area Port consolidation no later than 90 days after the 
date of enactment of this Act.
    Port Upgrades.--The Committee urges CBP to routinely review 
the baseline facility service levels for each POE and take 
those service levels into consideration when acting on requests 
for facility and security improvements. CBP should share 
information on each POE's service levels with the port operator 
and, not later than 90 days after the date of enactment of this 
Act, provide aggregate information on current levels of service 
to the Committee.
    Resource Allocation Model (RAM).--Any modifications to the 
RAM shall be described at the field and office level in future 
budget submissions. Additionally, not later than 60 days after 
the date of enactment of this Act, CBP shall brief the 
Committee on resource and staffing shortfalls on the northern 
and southern borders compared to levels prescribed by the RAM 
for rail crossings and POEs in the land, air, and sea 
environments, including cruise ship terminals. CBP is 
encouraged to continue to improve the model by seeking external 
review.
    User Fee Airports.--Consistent with House Report 114-668 
and House Report 116-180, the Committee strongly encourages CBP 
to give priority consideration to an application for POE status 
to any user fee airport that served at least 75,000 deplaned 
international passengers in the previous calendar year. 
Further, not later than 90 days after the date of enactment of 
this Act, CBP shall brief the Committee on any requests by 
airports for increased CBP support, such as the San Bernardino 
International Airport, what their request would provide in 
terms of anticipated passenger and/or cargo volumes, and the 
reason for CBP accommodating or denying such requests.

                         Integrated Operations

    Air and Marine Operations (AMO) Maritime Requirements.--Not 
later than 120 days after the date of enactment of this Act, 
CBP shall provide a briefing detailing AMO resource and 
operational requirements related to securing the maritime 
borders and approaches, including the number and types of 
assets, technologies, and infrastructure.
    Center for Air and Marine Drone Exploitation (CAMDEx).--The 
Committee recommends $2,250,000 above the request to establish 
a drone exploitation program within CBP Air and Marine 
Operations to counter threats posed by hostile Small Unmanned 
Aerial Systems (sUAS). The funds shall be used for data 
analysis, cybersecurity vulnerability assessments, and 
appropriate countermeasures. Within 180 days after the date of 
enactment of this Act, CBP, in coordination with S&T, shall 
brief the Committee on the program's progress.
    Minotaur Mission System.--Minotaur is able to link sensors, 
cameras, radars, and other communications equipment into a 
single system to allow for situational awareness and tactical 
action across multiple DHS components. The Committee 
understands the system is in use across multiple CBP fixed-wing 
air assets but not fully deployed to all assets. The Committee 
is disappointed that CBP has not produced a clear plan for 
utilization of this technology across the entire fleet to 
include the P-3 aircraft. CBP is directed to provide a 
briefing, not later than 90 days after the date of enactment of 
this Act, on its plans to fully integrate the Minotaur mission 
system into its entire Maritime Patrol Aircraft fleet.
    P-3 Aircraft Mission System.--The Committee recognizes that 
the CBP P-3 aircraft fleet has yet to be equipped with the 
Series 3.5 engine upgrade as part of an overall propulsion 
enhancement and is concerned that reduced industrial capacity 
following the conclusion of other U.S. Government acquisition 
programs may prevent CBP from obtaining the capability after 
2027. Not later than 90 days after the date of enactment of 
this Act, AMO shall submit to the Committee a roadmap and 
budgetary requirement to field the Series 3.5 and other 
propulsion upgrades on the P-3 fleet by 2027.
    Persistent Maritime Domain Awareness (MDA).--The Committee 
is aware of the potential to autonomously collect surface MDA 
data to support the interdiction of illicit narcotics and 
enhance security along U.S. maritime borders. The Committee 
directs AMO and the CBP Innovation Team (INVNT) to provide an 
update on efforts to fill maritime domain awareness gaps 
through the use of this technology not later than 90 days after 
the date of enactment of this Act.
    Tethered Aerostat Radar Systems (TARS).--The Committee 
appreciates the stationary and persistent surveillance 
capability provided by the TARS system. However, the Committee 
is concerned by the age of the existing radar system, parts 
obsolescence, and the lack of qualified repair technicians. Not 
later than 90 days after the date of enactment of this Act, AMO 
shall brief the Committee on plans to upgrade the TARS radar. 
This brief shall include consideration of software-defined 
radar technology that may reduce lifecycle costs and improve 
performance.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

 
 
 
Appropriation, fiscal year 2023.......................      $581,558,000
Budget request, fiscal year 2024......................       719,141,000
Recommended in the bill...............................     2,965,653,000
Bill compared with:
  Appropriation, fiscal year 2023.....................    +2,384,095,000
  Budget request, fiscal year 2024....................    +2,246,512,000
 

    The Committee recommends the following increases above the 
request: $2,104,000,000 for physical barrier construction; 
$36,000,000 for the construction of an AMO facility in Sierra 
Vista, AZ; $32,000,000 for the Light Enforcement Platform; 
$26,432,000 for border technology procurement; $20,000,000 for 
innovation technology; $19,580,000 for Enforcement System 
Unification and Interoperability; and $8,500,000 to expand the 
Tactical Maritime Surveillance System.
    Aircraft Sensor Upgrades.--The bill provides $13,000,000 
for aircraft sensor upgrades, as requested. Within the funds 
provided, CBP is encouraged to consider the acquisition of 
high-definition electro-optic and infrared sensors and KU-band 
satellite communications systems.
    Autonomous Surveillance Towers (AST).--The Committee 
recognizes the AST program provides the ability to quickly 
identify illicit border crossings and notes the support of 
Border Patrol Sector Chiefs and agents for this force-
multiplying capability. The Committee directs the U.S. Border 
Patrol to continue to modernize surveillance capabilities with 
autonomous technology and at minimum procure the number of new 
ASTs procured in fiscal year 2023.
    Border Patrol Checkpoints.--The Committee recognizes that 
U.S. Border Patrol checkpoints are a critical enforcement tool 
for securing the nation's southwest border against threats by 
restricting the ability of criminal organizations to exploit 
transportation arteries traveling away from the border. To 
ensure that these checkpoints remain as safe, efficient, and in 
accordance with existing design guide standards as possible, 
the Committee urges the U.S. Border Patrol to prioritize the 
renovation of checkpoints that have been deemed outdated and 
unable to efficiently accommodate the increasing volume of 
traffic along the southwest border, particularly along routes 
with high rates of traffic.
    Border Technology Innovation.--The Committee is growing 
concerned that CBP is not consistently taking advantage of the 
best that industry has to offer as they procure border security 
technology. Recent Request for Proposal (RFP) evaluation 
criteria have not required vendors to produce innovative 
solutions to the most pressing challenges facing the agency. 
Under CBP's most recent evaluation criteria, companies 
competing for these RFPs could reasonably win contracts by 
offering the same capability fielded more than a decade ago. 
The Committee directs CBP to make innovation a central element 
of all RFPs moving forward and to require vendors to describe 
in detail how their proposed solutions will provide an 
innovative solution which improves mission effectiveness beyond 
that of currently deployed systems. Not later than 90 days 
after the date of enactment of this Act, CBP, including the CBP 
Component Acquisition Executive, shall brief the Committee on a 
plan to include innovation as scored evaluation criteria for 
every border security procurement.
    Border Technology Procurement.--The Committee recommends 
$228,847,000, $26,432,000 above the request, for border 
security technology, which shall only be available for 
aerostats, autonomous surveillance, communications, artificial 
intelligence/machine learning, subterranean threats, mobile 
surveillance capabilities, small unmanned aerial systems, 
Common Operating Picture, and counter unmanned aerial systems. 
The Commissioner is directed to prioritize procurement of the 
most cost-effective technologies based on lifecycle costs, 
system availability, reduced requirements for personnel, and 
input from sector leadership.
    CBP shall provide a briefing to the Committee on a plan for 
the obligation of these funds at least 15 days prior to any 
obligation. The plan shall require the direct approval of the 
Commissioner and include:
          (1) details about the process for prioritizing the 
        use of funds;
          (2) a summary of planned obligations for fiscal year 
        2024, delineated by technology type;
          (3) metrics that will be used to assess the cost 
        effectiveness of each type of technology for which 
        funds will be obligated and a plan for collecting the 
        data required for such metrics; and
          (4) for continuing procurements, operational 
        effectiveness data that supports continued investment, 
        including evidence of support from sector leadership 
        based on actual use of the technology.
    Border Wall.--During fiscal years 2017 through 2021, 
Congress appropriated over $5,800,000,000 for physical barriers 
to enhance security along the southwest border. The Biden 
Administration, however, has at every turn taken steps to 
frustrate the clear and unambiguous intent of Congress in 
providing this funding. Instead of building border wall system 
as the law requires, this Administration has cancelled 
contracts, allowed materials to waste away in the elements, and 
left unfinished sections of barrier that create funnels for 
illegal migration and make more difficult the job of Border 
Patrol Agents. As a result, the Committee provides conditions 
in section 211 of the bill that make clear that the 
$2,104,000,000 provided in this Act for physical barriers must 
be spent promptly and can be used for no other purpose. The 
Committee urges the Secretary to immediately follow the 
obligation timeline provided to avoid triggering the 
prohibition found in section 546 of this Act.
    Light Enforcement Platform.--The Committee recommends 
$40,000,000, $32,000,000 above the request, for the Light 
Enforcement Platform to replace aging light rotary-wing 
helicopters.
    Mobile Surveillance.--The Committee is concerned about the 
current state of CBP's legacy truck-based mobile surveillance 
fleet, which consists of Mobile Video Surveillance Systems and 
Mobile Surveillance Capability variants.The Committee 
encourages CBP to implement both immediate and mid-term actions 
to address these concerns including, but not limited to, 
replacing beyond end-of-life systems, upgrading current systems 
with additional capabilities such as radar and communications, 
and developing a technology roadmap for next generation truck-
based mobile surveillance to ensure CBP's fleet is sufficiently 
advanced to counter critical threats to U.S. border 
security.The Committee recommends re-using components of the 
existing Mobile Surveillance Capability systems where practical 
to reduce procurement costs.
    National Air Security Operations Center.--The Committee 
provides $36,000,000 to upgrade AMO facilities in Sierra Vista, 
Arizona, to support additional mission ground control stations, 
allow full 24/7 operations, and add administrative space to 
enhance operations.
    Non-Intrusive Inspection (NII).--The Committee recommends 
$305,400,000 for NII technology at land and sea POEs, as 
requested. CBP shall execute these funds only as follows: 
$201,000,000 for civil works; $65,300,000 to procure and deploy 
new non-intrusive detection devices; $14,400,000 to procure 
advanced Computed Tomography scanners for deployment to mail 
and express consignment courier facilities and automation/
machine learning to support targeting efforts; $12,600,000 for 
artificial intelligence and machine learning capabilities; and 
$12,100,000 for system integration and meta data.
    As the Committee has previously noted, delays in the 
integration of artificial intelligence, machine learning, and 
autonomy into the program require CBP Officers to manually 
review thousands of images to hunt for anomalies. Automation 
decreases the chance that narcotics and other contraband will 
be missed and increases the interdiction of narcotics that move 
through the nation's POEs. The Committee encourages CBP to work 
with industry to move expeditiously to incorporate artificial 
intelligence and machine learning capabilities into the common 
viewer system.
    The Committee is concerned that only one third of CBP's 
planned NII passenger vehicle screening units can examine the 
vehicle undercarriage through a ground-up transmission and 
backscatter system. This is especially concerning since 
transnational criminal organizations continue to adapt tactics 
and are increasingly concealing drugs lower and deeper into the 
vehicle, including in frame rails, false floors, exhaust 
systems, and spare tires. Systems being deployed with a top-
down only x-ray system may have difficulty identifying 
dangerous narcotics concealed in the under-vehicle. CBP is 
directed to provide a briefing no later than 60 days after the 
date of enactment of this Act on each of the current passenger 
vehicle scanning system's drug detection capabilities, 
potential X-ray exposure, and current or future ability to 
utilize artificial intelligence. The briefing shall include 
officer feedback, anticipated impact to POEs without a ground-
up transmission and backscatter system, and a cost estimate and 
plan to add a ground-up transmission and backscatter capability 
to POEs lacking this capability.
    Tactical Maritime Surveillance System (TMSS).--The 
Committee provides $8,500,000 above the request for a total of 
$13,283,000 to expand to a third TMSS site and fund spare 
components to support the program. Not later than 90 days after 
the date of enactment of this Act, AMO shall brief the 
Committee on its long-term plans to expand this program, 
including future years resource requirements.
    Enforcement System Unification and Interoperability.--The 
recommendation provides $19,580,000 above the request to 
continue CBP's efforts to increase interoperability by 
integrating U.S. Border Patrol and Office of Field Operations 
enforcement systems where appropriate. Not later than 45 days 
after the date of enactment of this Act, CBP shall provide a 
briefing to the Committee on its plans for this funding, 
including schedules and expected performance outcomes.

                U.S. Immigration and Customs Enforcement


 
 
 
Appropriation, fiscal year 2023.......................    $8,419,302,000
Budget request, fiscal year 2024......................     8,331,539,000
Recommended in the bill...............................     9,808,817,000
Bill compared with:
  Appropriation, fiscal year 2023.....................    +1,389,515,000
  Budget request, fiscal year 2024....................    +1,477,278,000
 

                                Mission

    U.S. Immigration and Customs Enforcement (ICE) enforces 
federal laws governing border control, customs, trade, and 
immigration to promote homeland security and public safety.
    Homeland Security Investigations (HSI) is responsible for 
disrupting and dismantling transnational criminal threats 
facing the United States. HSI special agents also conduct 
national security investigations targeting violations of the 
nation's customs and immigration laws.
    Enforcement and Removal Operations (ERO) enforces the 
nation's immigration laws by identifying and apprehending 
removable aliens, detaining apprehended individuals, and 
removing them from the United States.
    The Office of the Principal Legal Advisor (OPLA) serves as 
the representative for the U.S. Government in immigration 
removal proceedings before the U.S. Department of Justice 
Executive Office for Immigration Review (EOIR) and provides 
prudential legal counsel to ICE personnel on their law 
enforcement authorities.

                         OPERATIONS AND SUPPORT

 
 
 
Appropriation, fiscal year 2023.......................    $8,396,305,000
Budget request, fiscal year 2024......................     8,281,019,000
Recommended in the bill...............................     9,758,297,000
Bill compared with:
  Appropriation, fiscal year 2023.....................    +1,361,992,000
  Budget request, fiscal year 2024....................    +1,477,278,000
 

    ICE shall continue to provide detailed operational and 
expenditure plans, as described in the joint explanatory 
statements accompanying Public Laws 116-260, 117-103, and 117-
328. The Committee is dismayed by ICE's inability to provide a 
precise spend plan at the beginning of the fiscal year against 
which ICE executes its budget. While the Committee acknowledges 
ICE's significant mission is often impacted by migrant 
encounter fluctuation and the ever-evolving threat environment, 
the Committee presumes ICE can better utilize Department-wide 
projections to inform a more accurate, initial spend plan. Such 
plan shall be provided to the Committee within 30 days of the 
date of enactment of this Act and should include detailed, 
data-driven assumptions for major contract costs, projected 
personnel levels, interior enforcement actions, migrant 
encounters, and policy considerations.
    ICE is directed to continue providing monthly budget and 
staffing briefings, as outlined in the joint explanatory 
statement accompanying Public Law 117-328, and shall 
incorporate such assumptions as reference to compare against 
monthly execution of appropriated funds. The monthly budget and 
staffing briefings shall also include expenditures and 
obligations to better account for execution. Additionally, the 
monthly budget and staffing briefings shall include obligations 
and expenditures specific to HSI contributions outside of its 
core investigative mission, such as detailing personnel to the 
southwest border for surge operations or providing resources to 
other departmental components. ICE is reminded that such 
monthly briefings shall identify any funding used for contracts 
for which the period of performance extends beyond the fiscal 
year or begins after the end of the fiscal year, as outlined in 
the joint explanatory statement accompanying Public Law 117-
328.
    The Committee is concerned with ICE's projected fiscal year 
2023 funding deficit in key mission areas, such as detention, 
transportation, removal, and alternatives to detention. As 
these programs are primarily funded through contracts, ICE is 
directed to notify the Committee within 5 business days of any 
substantive change to any contract that is greater than 
$10,000,000 for the fiscal year. Substantive changes include 
but are not limited to modifications, renegotiations, 
recompetes, extensions, and terminations.
    The Committee expects ICE to better plan for and 
proactively mitigate risks identified in the financial and 
reporting system briefing provided to the Committee, as 
directed by the joint explanatory statement accompanying Public 
Law 117-328. ICE shall continue briefing the Committee on a 
quarterly basis on its ability to address challenges within the 
financial and reporting system and the ways in which ICE is 
improving incorporation of Department-wide projections, such as 
CBP migrant encounter projections and anticipated interior 
enforcement actions, into such system.
    ICE shall continue to follow the directives found in the 
joint explanatory statement accompanying Public Law 117-328 
under the headings ``Annual ERO and HSI Reports'' and 
``Continuation of Prior-Year Requirements.''

                    Homeland Security Investigations

    The recommendation provides the following increases above 
the request: $18,883,000 for adjustments to base efficiencies; 
$10,634,000 for activities within the Intellectual Property 
Rights (IPR) Center; $5,000,000 for costs associated with 
National Special Security Events; and $2,200,000 for certified 
undercover operations.
    Angel Watch Center.--HSI is directed to continue to include 
details about the Angel Watch Center as part of its monthly 
operational and expenditure plan briefings and include detailed 
staffing and budget assumptions about the Center in future 
budget requests.
    Blue Campaign.--The Committee supports the proposed 
transfer of the Blue Campaign from OPE to the Center for 
Countering Human Trafficking, located within HSI. HSI is 
directed to update the Committee within 60 days of the date of 
enactment of this Act with regard to additional resources 
needed in future fiscal years to support this transfer, as well 
as adherence to the minimum core personnel requirements 
outlined in the Countering Human Trafficking Act of 2021 
(Public Law 117-322).
    Coordination and Notifications.--The Committee is concerned 
with recent reports of child forced labor and trafficking, 
particularly with respect to unaccompanied alien children 
(UACs). The Committee recognizes data sharing between the 
Office of Refugee Resettlement (ORR) within the Department of 
Health and Human Services (HHS) and ICE in certain 
circumstances can and will benefit the welfare of UACs being 
released from ORR custody. HSI is directed to coordinate with 
ORR to facilitate notifications of the following:
          (1) ORR releasing five or more children to the same 
        sponsor; or
          (2) ORR personnel suspecting that an unaccompanied 
        alien child in its custody may have information related 
        to human trafficking.
    HSI and ORR are directed to brief the Committee not later 
than 180 days after the date of enactment of this Act of the 
notification system implemented, challenges that persist within 
the coordination, and any investigations that result. HSI shall 
submit a quarterly report on the number of referrals from ORR 
related to possible instances of human trafficking.
    Forced Labor.--HSI shall provide a briefing to the 
Committee on forced labor and labor exploitation 
investigations, including investigations of child forced labor 
and child labor exploitation, within 120 days of the date of 
enactment of this Act. Such briefing shall include information 
about collaboration with the Department of Labor on this 
effort, as well as performance metrics associated with these 
investigations.
    Human Exploitation Rescue Operation (HERO) Child-Rescue 
Corps Program.--The Committee supports the HERO Child-Rescue 
Corps Program and directs HSI to provide an update within 180 
days of the date of enactment of this Act on the number of HERO 
graduates hired and retained within HSI, by mission area.
    IPR Center.--The Committee directs HSI to provide a 
briefing on its enforcement priorities within the IPR Center 
not later than 120 days after the date of enactment of this 
Act.
    International Operations Strategic Plan.--HSI is directed 
to continue the requirement in the joint explanatory statement 
accompanying Public Law 117-328 under this heading and update 
the Committee on progress made in executing against such plan.
    Human Rights Violators.--HSI is directed to continue its 
efforts to investigate, remove, and prosecute individuals who 
have committed human rights abuses, including persecution, 
genocide, severe violations of religious freedom, torture, 
extrajudicial killing, use or recruitment of child soldiers, 
crimes against humanity, or war crimes. HSI shall provide a 
briefing to the Committee within 180 days of the date of 
enactment of this Act on the following:
          (1) the total number of prosecutions and 
        investigations of human rights offenses and other 
        offenses committed and their outcomes, delineated by 
        serious human rights violators within each of the last 
        five fiscal years;
          (2) efforts to increase the number of human rights 
        investigations and prosecutions; and
          (3) any organizational, resource, or legal impediment 
        to investigating and prosecuting more human rights 
        violators.
    Organized Retail Crime.--The Committee recognizes the 
negative economic and public safety impacts of organized retail 
crime and urges HSI to engage with relevant external 
stakeholders on efforts to counter organized retail crime. HSI 
is encouraged to consider establishing an Organized Retail 
Crime Coordination Center to further collaborate with relevant 
stakeholders.
    Non-Intrusive Inspection (NII).--The Committee rejects the 
request to decrease payroll costs for investigations initiated 
through NII screening, especially as CBP projects its NII 
scanning capability will increase significantly in this fiscal 
year. HSI is directed to include in its fiscal year 2025 budget 
request a plan for ensuring HSI has investigative capacity 
commensurate with CBP's projected workload as a result of CBP's 
NII scanning program.
    Rail Theft.--The Committee is concerned with the alarming 
rise in supply chain fraud throughout the railroad and 
intermodal systems, including theft of merchandise from a 
railcar, possession of merchandise stolen from a railcar, and 
attempted burglary of a railcar. In light of its broad, cross-
border authorities, the Committee recognizes the unique ways 
HSI can mitigate and investigate these crimes. As such, the 
Committee directs HSI to provide a briefing within 120 days of 
the date of enactment of this Act on ongoing efforts to address 
supply chain fraud in the railroad and intermodal systems, 
resources currently allocated for such efforts, and plans and 
associated costs for the establishment of a permanent federal 
task force to investigate and ultimately refer cases for 
prosecution. Such task force should be led by HSI, in 
consultation with state, local, and federal law enforcement 
agencies, as well as relevant private sector stakeholders.
    Repository for Analytics in a Virtualized Environment 
(RAVEn).--The Committee acknowledges the role RAVEn plays in 
aiding and expanding HSI investigations, particularly those 
that originate through transnational criminal investigative 
units (TCIUs). The recommendation includes the requested 
resources to allow RAVEn to be accessed by TCIUs that 
demonstrate their value in assisting HSI to disrupt and 
dismantle transnational criminal organizations. Not later than 
120 days after the date of enactment of this Act, HSI is 
directed to brief the Committee on enhancements made by RAVEn 
for these investigations. This briefing shall also include 
projected costs associated with operations and maintenance of 
RAVEn in future fiscal years.
    Targeting Online Drug Trafficking Operations.--The 
Committee remains concerned with the online marketplace for 
fentanyl precursors and related chemicals. Within 180 days of 
the date of enactment of this Act, the Committee directs HSI to 
provide a report on plans to increase operations on darknet 
marketplaces and spoof online advertisements for fentanyl 
precursors or related chemicals on social media, business-to-
business websites, or other classified ad platforms. Such 
report shall outline resource needs associated with undercover 
operations, such as for confidential informants or IT 
requirements, in future fiscal years. HSI is encouraged to 
include these resource needs in future budget requests.
    Task Force Officer (TFO) Program.--The Committee notes that 
HSI is responsible for cross-border investigations focused on 
the illicit movement of people and goods, in part to combat 
transnational criminal organizations involved in the smuggling 
of firearms, drugs, and other contraband. Critical to this 
effort are the unique authorities and subject matter expertise 
provided by the HSI TFOs. The TFO program enables HSI to cross-
designate sworn law enforcement officers from state, local, 
tribal, and foreign agencies to contribute their expertise to 
HSI investigations. The Committee notes the benefits and force 
multiplier effect of law enforcement officers working 
collaboratively with the HSI TFO program. The Committee directs 
ICE to include operational costs for the TFO program in future 
year budget requests.
    Victim Assistance Program.--The Committee recognizes the 
importance of providing a victim-centered approach when 
investigating human trafficking, human smuggling, child 
exploitation, gang-related violence, and other egregious 
crimes. The Committee applauds HSI's support of more than 3,300 
victims of such crimes in fiscal year 2022, and the 
recommendation includes the requested resources to continue 
such critical work.

                   Enforcement and Removal Operations

    The recommendation includes the following increases above 
the request: $1,235,176,000 to increase total detention 
capacity to an average daily population of 41,500; $225,000,000 
for additional transportation and removal operations; and 
$11,977,000 for adjustments to base efficiencies. The Committee 
supports the proposal to create a new PPA for third party 
medical care.
    The Committee directs ICE to prioritize detention and 
removal operations prior to considering alternatives to 
detention.
    287(g) Program.--The Committee recognizes the importance of 
the 287(g) program, particularly since state and local law 
enforcement who participate act as a force multiplier for the 
ERO workforce, which has not been appropriately staffed in many 
years. The program also provides safety benefits to officers 
and detainees as detainees are transferred into ICE custody in 
a controlled environment. The Committee is concerned that this 
Administration is less inclined to use the 287(g) program to 
its full capacity and that ICE and the Department are actively 
considering making substantive changes to the program that 
would disincentivize growth and utilization to the maximum 
extent possible. As such, ICE is directed to report quarterly 
on local law enforcement agencies that express interest in 
joining the program and ICE's plan to continue expanding the 
program. Additionally, ICE shall publish an annual report on 
the following with respect to the 287(g) program:
          (1) the number of states and political subdivisions 
        that have applied for an agreement in the most recent 
        fiscal year;
          (2) the number of requests for agreements received, 
        approved, denied, and pending approval;
          (3) detailed information regarding methods used to 
        achieve recruitment goals, including outreach conducted 
        to states and political subdivisions of states, as well 
        as funds allocated for this purpose; and
          (4) strategic plans and performance goals for the 
        next five years for recruiting states and political 
        subdivisions for participation in the program.
    ICE shall continue the requirement in the joint explanatory 
statement accompanying Public Law 117-328 with regard to 
vetting 287(g) applicants.
    Alternatives to Detention (ATD).--The recommendation 
provides $440,401,000 for the ATD program. The Committee notes 
that ICE is currently developing ATD standards to ensure that 
the program operates under a unified framework across its field 
offices. The Committee is concerned that the lack of a 
national, standardized policy has led to poor management of the 
program that contributed to projected deficits in fiscal year 
2023. ICE is directed to regularly update the Committee on its 
progress toward national standards for the ATD program. The 
recommendation does not include funding for the Young Adult 
Case Management Program or any iteration of Operation Horizon.
    ATD Contracts.--ICE shall continue providing a monthly 
briefing on the number of migrants participating in the ATD 
program, delineated by technology type and associated daily 
cost, as well as the number of participants who attend their 
immigration court hearings. In addition, ICE shall continue to 
publish annually the following policies and data relating to 
ATD:
          (1) guidance for referral, placement, escalation, and 
        de-escalation decisions;
          (2) enrollments and disenrollments by field office;
          (3) information on the length of enrollment broken 
        down by type of ATD; and
          (4) enrollments and disenrollments by type and point 
        of apprehension.
    ATD Intensive Supervision Appearance Program (ISAP) 
Utilization.--Of the total provided for the ATD program, the 
Committee provides not less than $300,000,000 for ISAP. The 
Committee is concerned that the policies for referring 
individuals for ATD are haphazard and that ISAP, the most 
effective form of ATD, is underutilized. ICE is directed to 
employ ISAP in a manner that includes enforcement mechanisms 
for noncompliance. ICE shall provide a report to the Committee 
not later than 30 days after the date of enactment of this Act 
on its escalation and de-escalation policies for the ISAP 
program. Additionally, ICE shall provide a report to the 
Committee on a monthly basis on the following:
          (1) total number of participants in the ISAP program 
        and their length of time in the program;
          (2) total number of participants who are followed 
        throughout their immigration hearing process up until 
        immigration hearing adjudication and, in circumstances 
        of removal orders, are removed; and
          (3) total number of participants who have been 
        escalated or de-escalated within the program, including 
        the number of participants who have been disenrolled 
        from the program prior to the completion of their 
        immigration hearing adjudication.
    ATD Program Violation Reporting.--Within 30 days of the 
date of enactment of this Act and monthly thereafter, ICE shall 
provide to the Committee data on the number of ATD program 
violations for enrolled participants in each program that 
occurred in the prior month, disaggregating the data by area of 
responsibility (AOR) and by type of program violation, whether 
such program violations were committed by the same individual, 
and whether that individual was subject to an enforcement 
action following such program violation.
    Custody Operations.--The recommendation includes an 
increase of $1,235,176,000 above the request to detain an 
average daily population (ADP) of 41,500. This funding is 
critical to support additional interior enforcement actions and 
removals in fiscal year 2024, in light of rising migrant 
encounters in fiscal year 2023 and increases to the non-
detained docket.
    The recommendation also supports the proposed pay 
restoration to fund 220 Detention and Removal Officer 
positions, as well as 150 new Enforcement and Removal 
Assistants positions.
    Detention Contract Transparency.--ICE shall provide to the 
Committee on a monthly basis a consolidated compilation of 
contract documents for each of the facilities used for 
immigration detention purposes. Additionally, the Committee 
directs ICE to provide the following:
          (1) inspection reports, as detailed under this 
        heading in House Report 117-396;
          (2) the most current and complete contract 
        modifications or addendums, any subcontracts, and all 
        bid solicitation requests;
          (3) Requests for Information and Requests for 
        Proposals for any new or extended ICE detention 
        contract; and
          (4) a consolidated compilation of all contract 
        documents for each airline contract or subcontract ICE 
        uses for removal flights or lateral flights.
    Detention Capacity and Utilization.--The Committee is 
dismayed that ICE has yet to satisfy the directive found in the 
joint explanatory statement accompanying Public Law 117-328 
under the heading ``Custody Operations,'' and directs ICE to 
expedite this requirement. Additionally, the Committee is 
disappointed in ICE's ability to provide timely, accurate 
information regarding detention capacity, cost, and 
utilization. Within 30 days after the date of enactment of this 
Act and monthly thereafter, ICE is directed to provide the 
Committee a report with the following information with regard 
to the previous month: the total number of available detention 
beds, delineated by accessibility and the reasons for 
inaccessibility; the number of beds that are considered 
guaranteed minimum, located in a guaranteed minimum facility, 
or located in a non-guaranteed minimum facility; and the 
location, associated costs, and utilization rate of all 
detention capacity throughout the system. The report shall have 
such data delineated by day for the Committee's awareness. The 
report shall also incorporate any contract, litigation, or 
policy change that impacted detention availability or 
utilization for the previous month. ICE is instructed to 
coordinate with the Committee on the exact format of this 
requirement before the initial report.
    Detention Capacity Technology.--Within 90 days of the date 
of enactment of this Act, ERO, in coordination with ICE's 
Office of Chief Information Officer (OCIO), is directed to 
provide a cost projection to the Committee for the development 
of a technology platform or technology application that 
incorporates overall policy decisions while providing the 
following:
          (1) real-time and projected detention capacity at 
        guaranteed minimum facilities, delineated by detainee 
        classification level;
          (2) real-time and projected detention capacity at 
        non-guaranteed minimum facilities, delineated by bed 
        classification; and
          (3) real-time ability to manage bed space for 
        interior enforcement actions.
    Within 90 days of the date of enactment of this Act, ERO 
and OCIO shall brief the Committee on ways in which ERO can use 
data, technology, and artificial intelligence to improve 
efficiencies within transportation and custody operations.
    Fugitive Operations.--The recommendation includes 
$25,000,000 above the request for additional Mobile Criminal 
Alien Teams and Special Response Teams within Fugitive 
Operations. These teams continue to prove crucial for high-
stakes interior enforcement actions.
    Non-Detained Docket Management.--The Committee is alarmed 
by the number of migrants on the non-detained docket and 
therefore provides the requested funding for additional 
personnel to assist in managing the non-detained docket. The 
Committee supports initiatives to review and modernize the non-
detained docket to improve efficiencies, automate 
communication, and reduce case processing and management 
backlogs. Any such initiative shall include clearly defined 
performance metrics, cost savings projections, integration of 
input from field offices, and incorporation of current non-
detained docket activities and policies.
    Notice to Appear Wait Times.--The Committee is concerned 
that nearly 600,000 migrants are awaiting issuances of their 
Notices to Appear. For some, these wait times are over a decade 
long. The Committee also finds it disappointing that ICE 
unilaterally decided to stop providing the wait times to the 
Committee during fiscal year 2023. Therefore, within 30 days of 
the date of enactment of this Act and weekly thereafter, ICE is 
directed to provide to the Committee the backlog data to 
include, at a minimum, the number of migrants in the backlog 
and available appointment dates by year, if applicable, by AOR.
    Partnerships for Additional Detention Capacity.--ICE is 
directed to increase reasonable partnerships with state and 
local law enforcement agencies to increase available detention 
capacity for ICE detainees. Within 90 days of the date of 
enactment of this Act, ICE shall provide a briefing to the 
Committee on implementation of such directive, as well as:
          (1) efforts to remove any overly burdensome 
        inspections and requirements that might deter state and 
        local entities from contracting with ICE for detention 
        capacity;
          (2) detention facilities that opted to end their 
        contracts with ICE, citing onerous detention 
        inspections and/or standards or other challenges posed 
        by oversight requirements, as reported directly by each 
        ICE Field Office Director; and
          (3) recommendations and actions taken by the 
        Department to decrease inspectional and oversight 
        burdens, allocate additional resources for detention 
        capacity, and restart detention agreements with 
        previously-terminated facilities.
    Pregnant, Postpartum, and Lactating Women.--ICE is directed 
to continue providing semiannual reports on the total number of 
pregnant, postpartum, and lactating women in ICE custody.
    Removal Orders Reporting.--ICE is directed to provide 
quarterly reports to the Committee on the number of migrants 
with final orders of removal on ICE's non-detained docket, the 
AORs in which such migrants reside, the reason for the order of 
removal not being effectuated, and the steps that ICE will take 
during the next quarter to effectuate the order.
    Transportation and Removal Program.--The recommendation 
provides an increase of $225,000,000 above the request to 
facilitate additional transportation and removal operations. 
ICE is reminded of the requirement found in the joint 
explanatory statement accompanying Public Law 117-328 under the 
same heading and shall comply with such directive. 
Additionally, ICE shall brief the Committee within 60 days of 
the date of enactment of this Act on cost considerations and 
analysis of transporting migrants to guaranteed minimum 
detention facilities as opposed to non-guaranteed minimum 
facilities that are in closer proximity to the respective field 
office.

                            Mission Support

    The recommendation provides the following reductions below 
the request: $15,000,000 for body-worn cameras; $13,421,000 for 
Management and Administration support infrastructure; and 
$5,121,000 for human capital capacity building.
    Appropriations Liaison Position.--The Committee notes that 
other departmental components support an appropriations-
specific liaison position in either their respective Office of 
the Chief Financial Officer (OCFO) or Office of Congressional 
Relations (OCR). ICE previously had such position in OCFO 
before it was moved to OCR and subsequently eliminated. The 
Committee notes that such position is necessary to ensure 
timely, accurate communication.
    Due to the complexity of ICE's resource management, the 
Committee directs ICE to re-establish an appropriations liaison 
position within the OCFO. Within 15 days of the date of 
enactment of this Act, ICE is directed to brief the Committee 
on its hiring plan for such position, additional resources or 
positions recommended, and standards of communication between 
OCFO and OCR. The Committee expects this position to be filled 
no later than February 2024.
    Detention Contractors.--The Office of Professional 
Responsibility (OPR) is directed to submit a strategic plan to 
the Committee within 30 days of the date of enactment of this 
Act on its method to eliminate the backlog of background 
investigations for contract detention staff. Such plan shall 
consider the use of contractors to conduct the background 
investigations. Additionally, OPR shall update the Committee on 
a monthly basis on the execution of such plan and the status of 
the backlog.
    Direct Hire Authority.--The Committee recognizes that the 
hiring process for critical positions, such as HSI Criminal 
Investigators and ERO Deportation Officers, can be lengthy and 
tedious. As ICE awaits adjudication of its direct hire 
authority request from the U.S. Office of Personnel Management, 
ICE is directed to keep the Committee apprised of any updates 
to such request.
    Hiring Plan.--Within 30 days of the date of enactment of 
this Act, the Committee directs the Office of Human Capital to 
provide a detailed hiring plan based on realistic assumptions 
that is incorporated into the overall spending plan for fiscal 
year 2024. The Committee is disappointed that the hiring plan 
for fiscal year 2023 was transmitted more than three months 
after the date of enactment of Public Law 117-328 and expects 
ICE to more accurately and timely project fiscal year 2024 
hiring needs.
    Motor Vehicle Fleet.--The recommendation provides 
$2,000,000 above the request for the replacement of additional 
law enforcement vehicles that have exceeded their useful 
service life.
    Office of Detention Oversight (ODO).--The Committee directs 
ODO, in collaboration with other relevant stakeholders and 
federal agencies, to support a more routine oversight schedule 
of detention facilities. To the greatest extent practicable, 
ODO shall ensure that detention inspections from various 
agencies and departmental components do not occur within 6 
months of each other. This directive shall not apply with 
respect to follow-up inspections.
    Technology Gaps and Data Modernization.--Within 120 days of 
the date of enactment of this Act, OCIO shall brief the 
Committee on assessments performed, as well as existing ICE 
policies and processes, to ensure technologies currently 
utilized throughout the ICE enterprise are not redundant or are 
not eligible for potential consolidation. Additionally, OCIO 
shall update the Committee on a semiannual basis on data 
capability gaps within the HSI and ERO PPAs. The recommendation 
provides $6,000,000 above the request for this effort.

                 Office of the Principal Legal Advisor

    The Committee is discouraged that ICE is projecting an 
inability to hire OPLA attorneys at the appropriated level in 
fiscal year 2023. No later than 60 days after the date of 
enactment of this Act, OPLA shall brief the Committee on plans 
to hire and retain additional attorneys in fiscal year 2024 and 
include details of any coordination between OPLA, EOIR, and GSA 
on co-location efforts. As the backlog of immigration hearing 
adjudication continues to grow at an alarming rate, the 
Committee is concerned that OPLA attorneys have too large a 
caseload to adequately represent the U.S. Government in removal 
proceedings and other immigration hearing proceedings. The 
Committee urges ICE to coordinate with EOIR to ensure future 
year budget requests include commensurate levels for OPLA 
attorneys to address the growing backlog of immigration cases.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

 
 
 
Appropriation, fiscal year 2023.......................       $22,997,000
Budget request, fiscal year 2024......................        50,520,000
Recommended in the bill...............................        50,520,000
Bill compared with:
  Appropriation, fiscal year 2023.....................       +27,523,000
  Budget request, fiscal year 2024....................             - - -
 

    ICE is directed to include project- or investment-level 
details in its monthly operational and expenditure plans, which 
shall include any carryover balances of prior year funding.
    RAVEn.--The recommendation includes the requested funding 
for the continued development and enhancement of RAVEn. Within 
120 days of the date of enactment of this Act, ICE shall brief 
the Committee on additional capabilities and resources needed 
in future fiscal years to expand RAVEn's reach to all 
investigations within HSI.
    Facilities Backlog and Use.--ICE is directed to continue 
the requirement found in the joint explanatory statement 
accompanying Public Law 117-328 under the same heading.

                 Transportation Security Administration


 
 
 
Appropriation, fiscal year 2023.......................    $9,323,540,000
Budget request, fiscal year 2024......................    10,792,391,000
Recommended in the bill...............................    10,632,003,000
Bill compared with:
  Appropriation, fiscal year 2023.....................    +1,308,463,000
  Budget request, fiscal year 2024....................      -160,388,000
 

                                Mission

    The Transportation Security Administration (TSA) is charged 
with protecting U.S. transportation systems while facilitating 
the flow of travel and commerce.

                         OPERATIONS AND SUPPORT

 
 
 
Appropriation, fiscal year 2023.......................    $8,798,363,000
Budget request, fiscal year 2024......................    10,331,752,000
Recommended in the bill...............................    10,118,131,000
Bill compared with:
  Appropriation, fiscal year 2023.....................    +1,319,768,000
  Budget request, fiscal year 2024....................      -213,621,000
 

    The recommendation includes the following increases above 
the request: $110,990,000 to continue staffing at certain exit 
lanes; $45,868,000 to restore the Law Enforcement Officer (LEO) 
Reimbursement Program; and $34,088,000 to restore the Canine 
LEO Other Transaction Agreements.
    The recommendation includes the following decreases to the 
request: $230,021,000 for adjustments to the pay structure for 
the non-screener workforce; $52,738,000 for collective 
bargaining, merit system protection, and associated costs; 
$55,406,000 to eliminate Visible Intermodal Prevention and 
Response (VIPR) teams; and $34,402,000 for the Federal Air 
Marshals Service.
    Within the total amount provided, the bill makes 
$600,000,000 available until September 30, 2025. TSA's entire 
Operations and Support appropriation has historically been made 
available for two fiscal years, which runs counter to the one-
year period of availability that is the baseline for Operations 
and Support appropriations provided for other DHS components 
and the standard across the Federal Government for 
appropriations that fund salaries and operating expenses. TSA 
is directed to work with the DHS Office of the Chief Financial 
Officer and the Committee to develop a proposal for the TSA 
Operations and Support appropriation, including potential 
modifications to the current PPA structure, that would limit 
the two-year period of availability to only the necessary 
activities that may require such flexibility, consistent with 
the other DHS components. TSA shall incorporate such proposal 
in its fiscal year 2026 budget request.
    Personnel System Changes.--The Committee commends the 
dedication of the TSA screening workforce and supports the 
agency's efforts to ensure these frontline personnel are paid 
at a level comparable to the rest of the federal workforce. 
Therefore, the recommendation includes the requested funds for 
the proposed conversion of pay for the TSA screening workforce. 
However, the recommendation does not support the implementation 
of a civil service system similar to Title 5 for TSA employees, 
including expanded collective bargaining, merit system 
protection, and associated costs. In addition, the bill 
includes a provision in title V rescinding funds appropriated 
in fiscal year 2023 for pay adjustments for the non-screening 
workforce and for the implementation of a personnel system 
comparable to Title 5 of the United States Code.
    Federal Flight Deck Officer and Crew Training.--The 
recommendation supports the Federal Flight Deck Officer (FFDO) 
and Crew Training program and includes the requested increases 
to conduct background investigations on potential FFDO 
candidates; fund the FFDO Initial Training Program; and expand 
the recurrent training capacity of the FFDO program through the 
establishment of a standalone FFDO Recurrent Training Program 
facility in Atlanta. The Committee directs TSA to assess the 
feasibility of establishing additional recurrent training 
capacity on the West Coast at a location that is conducive to 
pilot participation in the region.
    Not later than 90 days after the date of enactment of this 
Act, TSA is directed to brief the Committee on FFDO program 
enrollment, the backlog of FFDO candidates awaiting initial 
training, utilization numbers for FFDO recurrent training, and 
FFDO firearms recertification training. The briefing should 
include a draft proposal for a West Coast recurrent training 
center, including a timeline for such a facility to become 
operational; projected costs to sustain operations at a new 
facility; any projected increases in FFDO enrollment, training, 
and recertification this facility would accommodate; and any 
other impacts such a facility would have on TSA's operations.
    TSA is expected to keep the Committee apprised of the 
impact of fiscal year 2024 investments on FFDO recruitment and 
retention efforts and any shortfalls in FFDO resource 
requirements.
    Modernization and Interoperable Gateway System 
Communications Pilot Program.--The Committee recognizes the 
need to expand TSA's existing framework of Interoperable 
Gateway System (IGS) technologies in the airport environment to 
connect radio, voice, text, video, and data files in a secure 
environment. The Committee encourages TSA to consider 
conducting a pilot project to expand the existing IGS framework 
and close any interoperability gaps.
    Aviation Worker Screening.--TSA recently issued an Airport 
Security Program (ASP) amendment that requires airports to 
significantly increase airport-performed physical screening of 
employees and procure explosive detection screening (EDS) 
equipment for the first time. The Committee is concerned that 
these new mandates, which require the establishment of 
screening operations at airports that parallel the staffing and 
infrastructure TSA already has in place for travelers, impose 
an undue burden on airport operators and are being implemented 
without conducting a thorough cost-benefit analysis or risk 
assessment to justify the change. The Committee urges TSA to 
rescind the current ASP amendment and solicit a formal round of 
notice and comment to understand the full financial and 
operational impacts of this proposal on airports and the 
expected benefits to aviation security.
    On-Person Screening Algorithm Development.--The Committee 
recognizes that the transportation security risk landscape 
constantly evolves and TSA must leverage new technologies and 
capabilities, including innovations in artificial intelligence, 
to quickly adapt to these changes. Public Law 117-328 provided 
funding to continue the development of an upgraded algorithm to 
achieve lower false alarm rates for the current Advanced 
Imagining Technology fleet. Within 90 days of the date of 
enactment of this Act, TSA shall brief the Committee on its 
current and future efforts to develop and deploy High-
Definition Advanced Imaging Technology.
    TSA Cares.--The TSA Cares helpline provides assistance for 
travelers with disabilities, medical conditions, and other 
special circumstances during the security screening process. 
TSA is encouraged to take steps to expand public awareness of 
the service and to ensure that requests received through the 
helpline are accommodated by Passenger Support Specialists.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

 
 
 
Appropriation, fiscal year 2023.......................      $141,645,000
Budget request, fiscal year 2024......................        81,357,000
Recommended in the bill...............................       130,340,000
Bill compared with:
  Appropriation, fiscal year 2023.....................       -11,305,000
  Budget request, fiscal year 2024....................       +48,983,000
 

    The recommendation includes $35,043,000 above the request 
for the purchase and installation of computed tomography (CT) 
machines at passenger checkpoints at U.S. airports, providing a 
total of $105,405,000. This level restores the proposed 
reductions in the President's budget request that would further 
delay the deployment of these more capable systems that provide 
enhanced threat detection for screening carry-on baggage.
    The recommendation also includes $13,940,000 above the 
request to complete the process of reimbursing airports for the 
cost of in-line baggage screening systems installed prior to 
December 31, 2007.

                        RESEARCH AND DEVELOPMENT

 
 
 
Appropriation, fiscal year 2023.......................       $33,532,000
Budget request, fiscal year 2024......................        29,282,000
Recommended in the bill...............................        33,532,000
Bill compared with:
  Appropriation, fiscal year 2023.....................             - - -
  Budget request, fiscal year 2024....................        +4,250,000
 

    The recommendation includes an increase of $4,250,000 above 
the request for TSA to continue its research and development 
activities in support of the Mobile Driver's License/Digital 
Identity program.
    Open Architecture.--The Committee encourages TSA to 
establish an interoperability test bed at the TSA Systems 
Integration Facility to independently assess compliance with 
TSA open architecture standards while accelerating feedback to 
transportation security equipment and third-party solution 
providers. This investment will enhance the adoption of 
interoperability requirements, accelerate technology 
development, and provide TSA with a larger pool of technology 
providers to mitigate threats to the transportation 
infrastructure.
    Digital Identity.--The Committee notes that it has been 
more than two years since enactment of the REAL ID 
Modernization Act (title X of division U of Public Law 116-
260), which clarified that the REAL ID Act applies to state-
issued mobile driver's licenses and mobile identification 
cards. TSA currently accepts digital identification, including 
mobile driver's licenses, at select TSA PreCheck checkpoints. 
The Committee encourages TSA to continue to expand this 
capability across all airport checkpoints in order to improve 
security and enhance the passenger journey.
    Walkthrough Screening Technology.--The Committee notes that 
TSA has been working to develop capabilities to detect both 
metallic and nonmetallic threats while ignoring common benign 
objects such as phones, keys, belts, wallets, and watches. 
Within 90 days of the date of enactment of this Act, TSA shall 
brief the Committee on its current and future research and 
development efforts related to walkthrough screening 
technology, including how this technology may improve screening 
of passengers, aviation workers, and other individuals 
accessing secure areas of airports.

                        Coast Guard1


 
 
 
Appropriation, fiscal year 2023.......................   $13,674,905,000
Budget request, fiscal year 2024......................    13,205,708,000
Recommended in the bill...............................    13,635,402,000
Bill compared with:
  Appropriation, fiscal year 2023.....................       -39,503,000
  Budget request, fiscal year 2024....................      +429,694,000
 
1Totals includes permanent indefinite discretionary and mandatory
  appropriations.

                                Mission

    The Coast Guard is the principal federal agency charged 
with maritime safety, security, and stewardship. It is a 
military, multi-mission, maritime service within DHS and is one 
of the nation's six armed services.

                         OPERATIONS AND SUPPORT

 
 
 
Appropriation, fiscal year 2023.......................    $9,700,478,000
Budget request, fiscal year 2024......................    10,223,988,000
Recommended in the bill...............................    10,222,488,000
Bill compared with:
  Appropriation, fiscal year 2023.....................      +522,010,000
  Budget request, fiscal year 2024....................        -1,500,000
 

    The recommendation includes program adjustments and a 
decrease of $500,000 below the request to address a technical 
error in the President's budget submission.
    For Military Personnel, the recommendation provides 
$5,351,068,000, which is $11,000,000 below the request, to 
account for an anticipated recruiting shortfall.
    For Mission Support, the recommendation provides the 
requested amount of $432,873,000.
    Within the Field Operations PPA, the recommendation 
provides an increase of $10,000,000 to establish the Technology 
Optimization and Modernization Fund for a total funding amount 
of $4,438,547,000.
    Basket and Litter Stabilization Technology.--The Coast 
Guard is encouraged to consider the feasibility of 
incorporating rescue basket and litter stabilization technology 
to enhance safety during search and rescue missions.
    Counter-UAS (CUAS) Systems for Fast Response Cutters.--The 
Committee understands that the Coast Guard has fielded CUAS 
systems on several of its Fast Response Cutters that are 
deployed to Bahrain in support of the U.S. 5th Fleet operating 
in the Arabian Gulf. The Committee directs the Coast Guard to 
provide a briefing within 120 days of the date of enactment of 
this Act detailing system performance and any plans for 
fielding additional systems.
    Illegal, Unreported, and Unregulated Fishing (IUU).--The 
Committee recognizes the role of the Coast Guard in combating 
IUU Fishing and supports the Coast Guard's efforts in this 
space. Within 180 days of the date of enactment of this Act, 
the Coast Guard shall provide a briefing to the Committee 
detailing the activities in fisheries enforcement, any gaps in 
that enforcement capacity, and any resources needed to address 
those gaps or expand enforcement activities combatting IUU 
Fishing.
    Maritime Transportation Security Activities.--The Committee 
encourages the Coast Guard to allocate necessary funding to 
carry out its conveyance authorities required in Public Law 
107-295.
    Next Generation 9-1-1 (NG911) Integration.--NG911 will 
allow first responders to receive additional data, including 
text and images. The Committee is concerned that the Coast 
Guard is not prepared to leverage this additional data. The 
Coast Guard is directed to brief the Committee on the 
feasibility of integrating NG911 into its air and maritime 
assets within 180 days of the date of enactment of this Act.
    Oceania Operations.--The Committee recognizes the 
importance of the Coast Guard in maintaining the United States' 
presence in the Indo-Pacific. The Committee encourages the 
Coast Guard to continue its coordination with the Department of 
Defense's U.S. Indo-Pacific Command and with partner nations, 
including through the Shiprider program. Additionally, the 
Committee encourages the Coast Guard to expand cooperative 
intelligence-sharing efforts with partners and allies in the 
Indo-Pacific region. The Coast Guard is directed to provide a 
briefing to the Committee no later than 180 days after the date 
of enactment of this Act. The briefing shall include an 
assessment of the Coast Guard's capabilities and operations in 
Oceania, including a list of current assets in the region, any 
assets and capabilities needed to address unfulfilled 
requirements, and any changes that must be taken to effectively 
implement the new Indo-Pacific Strategy. Further, as part of 
the briefing, the Committee directs the Coast Guard to provide 
information regarding any assets and resources needed to 
support the implementation of the Coast Guard's updated 
Strategic Intent, and its strategy to deepen engagement with 
key partners and allies through cooperative intelligence-
sharing efforts.
    Patrol Forces Southwest Asia (PATFORSWA) Operations.--The 
Committee supports the Coast Guard's national defense work in 
partnership with U.S. Central Command, including the six Fast 
Response Cutters operating in the Arabian Gulf, and of the 
funds provided, up to $190,000,000 is available to support this 
ongoing security mission.
    Persistent Maritime Domain Awareness (MDA).--The Committee 
is aware of the potential to autonomously collect surface MDA 
data to support the interdiction of illicit narcotics and 
enhance security along U.S. maritime borders. The Committee 
directs the Coast Guard to provide an update on efforts to fill 
maritime domain awareness gaps through the use of this 
technology not later than 90 days after the date of enactment 
of this Act.
    Small Arms Simulation.--The Committee encourages the Coast 
Guard to explore the use of performance based, small arms 
simulation training technologies to help improve cognitive 
skills, operator situational awareness, and judgement in high-
risk operations.
    STARBASE Program.--The Committee acknowledges the Coast 
Guard's expanded authority and appreciates efforts undertaken 
to establish internal systems and engage with the Department of 
Defense on the youth STARBASE program. As the Coast Guard 
further develops these efforts, the Committee emphasizes the 
importance of engagement with nontraditional classroom settings 
and minority-serving institutions to focus specifically on 
Science, Technology, Engineering, and Mathematics education 
programs.
    Technology Optimization and Modernization.--Innovative, 
commercial off-the-shelf technology can provide cost-effective 
ways for the Coast Guard to modernize its equipment and address 
its needs. The recommendation provides an increase of 
$10,000,000 above the request for the Coast Guard to establish 
an innovative technology program. The Committee urges the Coast 
Guard to use this program to test, evaluate, and integrate 
commercially available technologies, such as unmanned maritime 
systems and aircraft for maritime border security; software for 
data analytics; space-radio frequency data for maritime domain 
awareness; and automated search and rescue technology. The 
Coast Guard is encouraged to use its other transaction 
authority under section 11205 of Public Law 117-263 in 
executing these funds. The Coast Guard is directed to brief the 
Committee at least 15 days prior to obligating funds for this 
purpose.
    U.S. Virgin Islands and the Caribbean.--The Committee 
supports the work of the Coast Guard in this region but remains 
concerned about insufficient maritime resources based on the 
U.S. island of St. Croix. Within 90 days of the date of 
enactment of this Act, the Coast Guard is directed to brief the 
Committee on its efforts to respond to drug trafficking, 
weapons trafficking, human trafficking, and smuggling 
operations in this area. The Coast Guard is directed to address 
each with respect to necessary ship deployments, force posture, 
and force projection in the Caribbean region, and to 
incorporate reaction time to San Juan, St. Thomas, and St. 
Croix.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

 
 
 
Appropriation, fiscal year 2023.......................    $1,669,650,000
Budget request, fiscal year 2024......................     1,550,000,000
Recommended in the bill...............................     1,981,194,000
Bill compared with:
  Appropriation, fiscal year 2023.....................      +311,544,000
  Budget request, fiscal year 2024....................      +431,194,000
 

    The Committee recommends the following increases above the 
request: $335,000,000 for four Fast Response Cutters (FRCs) and 
required funding for Economic Price Adjustment costs across the 
FRC program; $138,500,000 for an HC-130J aircraft; $11,000,000 
for the mariner credentialing program; and $15,000,000 for the 
initial design of the Multipurpose Training Facility at 
Training Center Cape May. The Committee recommends the 
following reductions below the request: $25,806,000 for Polar 
Security Cutter long-lead time material; $42,000,000 for the 
FRC homeport improvement in Seward, Alaska; and $500,000 for 
Heavy Weather Boat program management.
    The Coast Guard is directed to continue to brief the 
Committee quarterly on all major acquisitions. In particular, 
the Committee remains concerned about the cost and schedule of 
the Offshore Patrol Cutter (OPC) and Polar Security Cutter 
(PSC) programs and the briefing should include additional 
detailed information on the progress of these programs.
    The Committee also directs the Coast Guard to include an 
estimate of the receipts to be deposited in the Housing Fund 
for the budget year and a plan for the expenditure of those 
funds in its annual budget justifications. Any deviations from 
the plan shall be reported to the Committee not fewer than 15 
days before the obligation of associated funds.

                                Vessels

    Fast Response Cutter (FRC).--The recommendation provides 
$355,000,000 for the FRC program, an increase of $335,000,000, 
to purchase four additional FRCs, economic price adjustments 
related to the rise in material and labor costs, and post-
delivery missionization costs.
    National Security Cutter (NSC).--The recommendation 
provides the requested $17,100,000 for the NSC program.
    Commercially Available Polar Icebreaker (CAPI).--The 
recommendation provides the requested $125,000,000 for the CAPI 
program. The Committee feels strongly that the nation needs 
additional surface presence in the Arctic to protect economic 
and national security interests in the high latitudes, 
particularly given the ongoing delays with the PSC acquisition 
program.
    Offshore Patrol Cutter (OPC).--The recommendation provides 
the requested $579,000,000 to continue the program of record 
for these critical assets. The Committee directs the Coast 
Guard to continue to provide additional program and schedule 
details, as described in the joint explanatory statement 
accompanying Public Law 117-103, as part of the required 
quarterly acquisition briefings.
    Polar Security Cutter (PSC).--The Committee provides 
$144,194,000 for the PSC program, a reduction of $25,806,000 
below the request. The Committee recognizes the strategic 
importance of an expanded U.S. presence in the polar regions, 
especially in the Arctic. The Committee directs the Coast Guard 
to continue to provide additional program and schedule details, 
as described in the joint explanatory statement accompanying 
Public Law 117-103, as part of the required quarterly 
acquisition briefings. While the Committee is frustrated by the 
delays in the PSC program, the Committee is pleased with recent 
improvements in design maturity and continues strong support of 
the PSC program. Not later than 60 days after the date of 
enactment, the Coast Guard is directed to provide to the 
Committee a rebaselined schedule that fully accounts for the 
yearslong delays in the program. The Committee fully expects 
this rebaseline to include realistic projections of key 
milestones and delivery dates.
    Waterways Commerce Cutter (WCC).--The recommendation 
includes the requested $98,000,000 to begin recapitalization of 
the Coast Guard's inland tenders and barges. The Committee is 
disappointed in the lack of professionalism demonstrated by 
acquisition staff responsible for this project and expects the 
Coast Guard to take substantive action to improve the quality 
of its acquisition work and related communications.
    Special Purpose Craft--Heavy Weather (SPC HWX).--The 
recommendation does not fund the request for program management 
for the replacement of the capabilities provided by the 52-foot 
SPC HWX in the Pacific Northwest. The Committee has safety 
concerns with a replacement for the 52-foot SPC HWX being used 
to tow large vessels over the hazardous river bars along the 
Washington and Oregon coast and directs the Coast Guard provide 
a report not later than 180 days after the date of enactment of 
this Act analyzing the risks of such operations.
    Great Lakes Icebreaker.--The recommendation includes the 
requested funding of $55,000,000 for the analyze and select 
phase of the acquisition for a Great Lakes Icebreaker. 
Icebreaking capabilities are important to the economy of the 
Great Lakes region. The Committee notes that icebreaking 
technology has advanced since the acquisition of the CGC 
MACKINAW and urges the Coast Guard to consider innovative 
technologies and advances in ship design as the program 
management office works to complete the necessary pre-
acquisition activities. This may include, but is not limited 
to, the use of ultra-high frequency sonic air cannon 
technology, drag-on bubblers, and environmentally safe anti-
freezes in combination with a ship that features a low-drag 
hull shape. Additionally, the Committee suggests the Coast 
Guard consider the limitations in the CGC MACKINAW's 
maneuverability and whether such limitations adversely impact 
the vessel's capability. Further, in order for the Coast Guard 
to leverage the capacity of the nation's industrial base, 
including the Coast Guard's organic vessel repair capacity at 
the Coast Guard Yard, the Committee expects the vessel to be 
able to fully exit the Great Lakes.

                                Aircraft

    HC-130J.--The Committee understands the need for additional 
HC-130J aircraft as the Coast Guard's legacy C-130H fleet 
reaches obsolescence, and thus the agreement provides 
$138,500,000 above the request for the purchase of one 
additional HC-130J aircraft for the Coast Guard's fleet. The 
Committee is dismayed that the Coast Guard's budget submission 
continues to omit this critical asset from the base request, 
relying instead on the Unfunded Priorities List. The Committee 
unequivocally urges the Coast Guard to request future HC-130J 
aircraft in the base budget request beginning in fiscal year 
2025.

                       Other Acquisition Programs

    C5ISR Integration.--The Committee is aware of the 
capabilities of the government-owned Minotaur mission system 
that links sensors, cameras, radar and other C5ISR components 
into a single system and understands it is currently deployed 
and planned for further installation on all Coast Guard air 
assets, as well as other DHS partner agency assets. The 
Committee further notes that a cutter prototype is underway and 
planned for deployment in 2023. With the approaching sundown of 
the Seawatch system, the Committee encourages the Coast Guard 
to remain on schedule with testing of the Minotaur system on 
more than one cutter class.
    Mariner Credentialing Program.--The Committee provides 
$11,000,000 above the request for the development and 
implementation of a new mariner credentialing system, which 
will help the nation address its merchant mariner workforce 
shortfall.

                Shore Facilities and Aids to Navigation

    The recommendation provides $117,000,000 for Shore 
Facilities and Aids to Navigation. This includes $15,000,000 
above the request for initial design of the Training Center 
Cape May Multipurpose Training Facility. The recommendation 
does not support the requested funding of $42,000,000 for FRC 
homeports in Seward.
    Air Station Barbers Point Hangar Project.--The Committee 
remains concerned about the lack of a suitable hangar at Air 
Station Barbers Point and how it impacts operations and the 
maintenance of Coast Guard assets. Coast Guard is reminded of 
the requirement in House Report 117-396 to provide a briefing 
on any additional requirements of Air Station Barbers Point, 
including maintenance requirements caused by the upgrade of 
both fixed wing and rotary aircraft, and on the feasibility of 
building a permanent hangar in addition to the tension hangar 
currently under construction.
    Multipurpose Training Facility.--The Committee believes 
that modern training infrastructure, including both physical 
training capacity and classroom facilities, is critical for 
Coast Guard enlisted accessions at Training Center Cape May, 
New Jersey. The Committee strongly supports modernization of 
the training facilities and provides $15,000,000 for the 
initial design of the Multipurpose Training Facility to improve 
future recruit training quality and increase recruit 
throughput.

                        RESEARCH AND DEVELOPMENT

 
 
 
Appropriation, fiscal year 2023.......................        $7,476,000
Budget request, fiscal year 2024......................         7,476,000
Recommended in the bill...............................         7,476,000
Bill compared with:
  Appropriation, fiscal year 2023.....................             - - -
  Budget request, fiscal year 2024....................             - - -
 

                    HEALTH CARE FUND CONTRIBUTION\1\

 
 
 
Appropriation, fiscal year 2023.......................      $252,887,000
Budget request, fiscal year 2024......................       277,000,000
Recommended in the bill...............................       277,000,000
Bill compared with:
  Appropriation, fiscal year 2023.....................       +24,113,000
  Budget request, fiscal year 2024....................             - - -
 

    The Health Care Fund Contribution accrues the Coast Guard's 
military, Medicare-eligible health benefit contribution to the 
Department of Defense Medicare-Eligible Retiree Health Care 
Fund. Contributions are for future Medicare-eligible retirees, 
as well as retiree dependents and their potential survivors.
---------------------------------------------------------------------------
    \1\This is a permanent indefinite discretionary appropriation.
---------------------------------------------------------------------------

                              RETIRED PAY

 
 
 
Appropriation, fiscal year 2023.......................    $2,044,414,000
Budget request, fiscal year 2024......................     1,147,244,000
Recommended in the bill...............................     1,147,244,000
Bill compared with:
  Appropriation, fiscal year 2023.....................      -897,170,000
  Budget request, fiscal year 2024....................             - - -
 

    The Retired Pay mandatory appropriation provides payments 
as identified under the Retired Serviceman's Family Protection 
and Survivor Benefits Plans and other retired personnel 
entitlements identified under prior-year National Defense 
Authorization Acts. This appropriation also includes funding 
for medical care of retired personnel and their dependents.

                      United States Secret Service


 
 
 
Appropriation, fiscal year 2023.......................    $2,822,180,000
Budget request, fiscal year 2024......................     3,009,778,000
Recommended in the bill...............................     3,014,778,000
Bill compared with:
  Appropriation, fiscal year 2023.....................      +192,598,000
  Budget request, fiscal year 2024....................        +5,000,000
 

                                Mission

    The United States Secret Service (USSS) protects and 
investigates threats against the President and Vice President, 
their families, visiting heads of state, and other designated 
individuals; protects the White House, the Vice President's 
Residence, foreign missions, and certain other facilities 
within Washington, D.C.; and coordinates the security at 
National Special Security Events (NSSE). The Secret Service 
also investigates violations of laws relating to counterfeiting 
of obligations and securities of the United States; financial 
crimes, including access device fraud, financial institution 
fraud, identity theft, and computer fraud; and computer-based 
attacks on financial, banking, and telecommunications 
infrastructure. In addition, the agency provides support for 
investigations related to missing and exploited children.

                         OPERATIONS AND SUPPORT

 
 
 
Appropriation, fiscal year 2023.......................    $2,734,267,000
Budget request, fiscal year 2024......................     2,944,463,000
Recommended in the bill...............................     2,949,463,000
Bill compared with:
  Appropriation, fiscal year 2023.....................      +215,196,000
  Budget request, fiscal year 2024....................        +5,000,000
 

    Within the total amount provided, the bill makes 
$114,599,000 available until September 30, 2025, of which 
$12,880,000 is for the James J. Rowley Training Center; 
$6,962,000 is for Operational Mission Support; $75,082,000 is 
for NSSEs and the 2024 presidential campaign; $1,675,000 is for 
International Cooperative Administrative Support Services; and 
$18,000,000 is for protective travel.
    The recommendation includes $5,000,000 above the request 
for the National Threat Assessment Center.
    National Special Security Events.--The Committee is aware 
of new and emerging requirements pertaining to NSSEs that will 
occur in fiscal year 2024, but were designated after the 
submission of the fiscal year 2024 President's budget request. 
The Secret Service is expected to keep the Committee apprised 
of these emerging requirements to ensure the agency is 
appropriately resourced to coordinate security operations for 
these events.
    Financial Crimes.--The Committee continues to recognize the 
efforts of the Secret Service's Cyber Fraud Task Forces to 
combat bank card access device fraud, including skimming, 
across the United States, as well as the work of the National 
Computer Forensics Institute to train and equip SLTT law 
enforcement personnel to effectively investigate and prosecute 
electronic crimes, including skimming.
    National Threat Assessment Center (NTAC).--The Committee 
recommends an increase of $5,000,000 for NTAC, which supports 
efforts by public and private sector entities to confront the 
threat of targeted violence that impacts communities, including 
schools.
    The Committee encourages NTAC to conduct additional 
research into targeted violence and evidence-based practices in 
preventing targeted violence impacting schools, workplaces, 
houses of worship, universities, and other communities, and to 
establish a nationwide training plan and promote the 
development of best practices and standardization across all 
levels of government on targeted violence prevention. NTAC 
shall coordinate with relevant federal, state, and local 
agencies; law enforcement; mental health officials; and private 
entities in developing and offering training courses on 
preventing targeted school violence to public or private 
entities, including local education agencies, with public 
safety responsibilities. Relevant findings shall be made 
publicly available on SchoolSafety.gov.
    The Committee directs the Secret Service to include 
dedicated resources for NTAC in its fiscal year 2025 budget 
submission to Congress.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

 
 
 
Appropriation, fiscal year 2023.......................       $83,888,000
Budget request, fiscal year 2024......................        61,098,000
Recommended in the bill...............................        61,098,000
Bill compared with:
  Appropriation, fiscal year 2023.....................       -22,790,000
  Budget request, fiscal year 2024....................             - - -
 

                        RESEARCH AND DEVELOPMENT

 
 
 
Appropriation, fiscal year 2023.......................        $4,025,000
Budget request, fiscal year 2024......................         4,217,000
Recommended in the bill...............................         4,217,000
Bill compared with:
  Appropriation, fiscal year 2023.....................          +192,000
  Budget request, fiscal year 2024....................             - - -
 

                  Title II--Administrative Provisions

    Section 201. The Committee continues by reference a 
provision regarding overtime compensation.
    Section 202. The Committee continues a provision allowing 
CBP to sustain or increase operations in Puerto Rico with 
appropriated funds.
    Section 203. The Committee continues a provision regarding 
the availability of fee revenue collected from certain arriving 
passengers.
    Section 204. The Committee continues a provision allowing 
CBP access to certain reimbursements for preclearance 
activities.
    Section 205. The Committee continues a provision regarding 
the importation of prescription drugs by an individual for 
personal use.
    Section 206. The Committee continues a provision regarding 
waivers of the Jones Act.
    Section 207. The Committee continues a provision 
prohibiting DHS from establishing a border crossing fee.
    Section 208. The Committee continues a provision 
prohibiting the obligation of funds prior to the submission of 
an expenditure plan for funds made available for ``U.S. Customs 
and Border Protection--Procurement, Construction, and 
Improvements''.
    Section 209. The Committee continues by reference a 
provision prohibiting the construction of border security 
barriers in specified areas.
    Section 210. The Committee continues a provision on vetting 
operations at existing locations.
    Section 211. The Committee continues and modifies a 
provision that describes the use of funds provided under the 
heading ``U.S. Customs and Border Protection--Procurement, 
Construction, and Improvements''.
    Section 212. The Committee includes a new provision 
regarding the removal of physical barriers.
    Section 213. The Committee includes a new provision 
regarding the CBP One Application.
    Section 214. The Committee includes a new provision 
prohibiting the use of funds to reduce participation in the 
287(g) program.
    Section 215. The Committee continues a provision regarding 
the 287(g) program.
    Section 216. The Committee continues a provision 
prohibiting the use of funds provided under the heading ``U.S. 
Immigration and Customs Enforcement--Operations and Support'' 
to contract for detention services if the facility receives 
less than ``adequate'' ratings in two consecutive performance 
evaluations.
    Section 217. The Committee continues a provision regarding 
the reprogramming of funds related to the detention of aliens.
    Section 218. The Committee continues by reference a 
provision that requires ICE to provide statistics about its 
detention population.
    Section 219. The Committee continues and modifies a 
provision related to reporting on 287(g) agreements.
    Section 220. The Committee includes a new provision 
prohibiting the use of funds for certain ICE prosecutorial 
discretion activities.
    Section 221. The Committee includes a new provision 
prohibiting the transport of aliens into the interior of the 
country for purposes other than enforcement.
    Section 222. The Committee includes a new provision 
prohibiting the provision of abortion services, with limited 
exceptions, for ICE detainees.
    Section 223. The Committee includes a new provision 
prohibiting the provision of gender-affirming medication and 
surgeries for ICE detainees.
    Section 224. The Committee includes a new provision 
regarding the prioritization of detention for aliens and 
ensuring every alien on the non-detained docket is monitored 
with mandatory GPS technology from encounter to the end of 
their immigration proceedings.
    Section 225. The Committee continues a provision clarifying 
that certain elected and appointed officials are not exempt 
from federal passenger and baggage screening.
    Section 226. The Committee continues a provision 
authorizing TSA to use funds from the Aviation Security Capital 
Fund for the procurement and installation of explosive 
detection systems or for other purposes authorized by law.
    Section 227. The Committee continues a provision directing 
the Administrator of TSA to report to specified Committees 
about the agency's investment plans.
    Section 228. The Committee includes a new provision 
prohibiting implementation of any structural pay reform for any 
TSA employee that is not a Transportation Security Officer.
    Section 229. The Committee continues a provision 
prohibiting funds made available by this Act under the heading 
``Coast Guard--Operations and Support'' for recreational vessel 
expenses, except to the extent fees are collected from owners 
of yachts and credited to this appropriation.
    Section 230. The Committee continues a provision under the 
heading ``Coast Guard--Operations and Support'' allowing up to 
$10,000,000 to be reprogrammed to or from Military Personnel 
and between the Field Operations funding subcategories.
    Section 231. The Committee continues a provision requiring 
submission of a future-years capital investment plan for the 
Coast Guard.
    Section 232. The Committee continues a provision 
prohibiting funds to reduce the staff or mission at the Coast 
Guard's legacy Operations System Center.
    Section 233. The Committee continues a provision 
prohibiting funds to conduct a competition for activities 
related to the Coast Guard National Vessel Documentation 
Center.
    Section 234. The Committee continues a provision allowing 
the use of funds to alter, but not reduce, operations within 
the Civil Engineering program of the Coast Guard.
    Section 235. The Committee continues a provision allowing 
for use of the Coast Guard Housing Fund.
    Section 236. The Committee continues a provision related to 
towing vessel fees.
    Section 237. The Committee continues a provision allowing 
the Secret Service to obligate funds in anticipation of 
reimbursement for personnel receiving training.
    Section 238. The Committee continues a provision 
prohibiting funds made available to the Secret Service from 
being used for the protection of the head of a federal agency 
other than the Secretary of Homeland Security, except when the 
Director has entered into a reimbursable agreement for such 
protection services.
    Section 239. The Committee continues a provision allowing 
the reprogramming of funds within ``United States Secret 
Service--Operations and Support''.
    Section 240. The Committee continues a provision allowing 
for funds made available for ``United States Secret Service--
Operations and Support'' to be available for travel of 
employees on protective missions without regard to limitations 
on such expenditures in this or any other Act after 
notification to the Committees on Appropriation.
    Section 241. The Committee includes a new provision 
prohibiting the use of funds to implement CBP's ``Emergency 
Driving and Vehicular Pursuits'' policy or similar directive.
    Section 242. The Committee includes a new provision 
prohibiting the use of funds to issue student visas for aliens 
attending unaccredited institutions of higher education.
    Section 243. The Committee includes a new provision 
prohibiting the use of funds to parole Chinese nationals into 
the Commonwealth of the Northern Mariana Islands.
    Section 244. The Committee includes a new provision 
prohibiting the use of funds to carry out a procurement 
contract for the Waterways Commerce Cutter acquisition for any 
entity deemed not a small business by the Small Business 
Administration.

      TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY


            Cybersecurity and Infrastructure Security Agency


 
 
 
Appropriation, fiscal year 2023.......................    $2,907,138,000
Budget request, fiscal year 2024......................     3,056,286,000
Recommended in the bill...............................     2,926,291,000
Bill compared with:
  Appropriation, fiscal year 2023.....................       +19,153,000
  Budget request, fiscal year 2024....................      -129,995,000
 

                                Mission

    The Cybersecurity and Infrastructure Security Agency (CISA) 
is responsible for enhancing the security of the nation's cyber 
and physical infrastructure and interoperable communications 
systems; safeguarding and securing cyberspace; and 
strengthening national preparedness and resilience.

                         OPERATIONS AND SUPPORT

 
 
 
Appropriation, fiscal year 2023.......................    $2,350,559,000
Budget request, fiscal year 2024......................     2,466,359,000
Recommended in the bill...............................     2,370,963,000
Bill compared with:
  Appropriation, fiscal year 2023.....................       +20,404,000
  Budget request, fiscal year 2024....................       -95,396,000
 

    The recommendation includes $1,170,586,000 for 
Cybersecurity; $176,681,000 for Infrastructure Security; 
$104,652,000 for Emergency Communications; $220,039,000 for 
Integrated Operations; $134,883,000 for Risk Management 
Operations; and $80,379,000 for Stakeholder Engagements and 
Requirements.
    The recommendation does not include the requested funding 
for reinstatement of the reduction for payroll under-execution 
in Public Law 117-328, due to CISA's failure to provide 
accurate pay analysis and projections to warrant the 
reinstatement. The recommendation also includes a decrease of 
$6,000,000 from the requested amount for expected payroll 
under-execution within Mission Support, and to slow 
administrative personnel growth while CISA lags behind in 
hiring to enacted levels in mission critical areas such as 
Cybersecurity.
    CISA is directed to continue to provide quarterly budget 
and staffing briefings as described in the joint explanatory 
statement accompanying Public Law 117-103.
    CISA Review.--Section 1745 of the William M. (Mac) 
Thornberry National Defense Authorization Act for Fiscal Year 
2021 (Public Law 116-283) directed the Secretary to conduct a 
comprehensive evaluation of whether CISA has the personnel and 
resources necessary to carry out its growing mission, which was 
due to Congress on January 1, 2022. The Committee understands 
that several factors led to delays in producing this report. 
Notwithstanding those factors, the continued delay hinders 
Congress's ability to make informed decisions about resourcing 
the agency. The Committee expects the report to be delivered no 
later than 30 days after the date of enactment of this Act.
    Force Multiplying Analytic Capability.--The Committee 
directs CISA, acting through the CISA Office of Chief 
Information Officer (OCIO), to assess the overlap in 
requirements of the analytic capability of the Modeling 
Capability Transition Environment (MCTE) and CISA Gateway. CISA 
shall report to the Committee within 90 days of the date of 
enactment of this Act on the feasibility and cost-benefit 
analysis of combining the capabilities, ensuring availability 
to personnel in all divisions that need access, into one effort 
to reduce costs and increase efficiencies within CISA.
    Grant Reporting.--CISA, in coordination with FEMA, is 
directed on an annual basis to make available on a publicly 
accessible website in a downloadable, searchable, and sortable 
format, an accounting of all grant funding provided by, or in 
coordination with CISA, for at least the previous three fiscal 
years. At a minimum, the report must include by fiscal year: 
the name of the grant, recipient of the grant, grant amount, 
period of availability, purpose of awarded grant, and metrics 
used to measure success or impact of such grant. CISA shall 
publish the first version of the report not later than 120 days 
after the date of enactment of this Act.
    Pay Projections and Analysis.--CISA shall provide pay 
projections and analysis that appropriately compares enacted 
versus onboard personnel numbers to enable timely congressional 
review of salary and benefit information during the quarterly 
budget and staffing briefings. The Committee notes this 
information is important when assessing CISA's progress toward 
hiring goals.
    Quarterly Classified Briefings.--Beginning 30 days after 
the date of enactment of this Act, and quarterly thereafter, 
CISA shall provide a classified briefing on significant threats 
to the nation within the purview of CISA's mission. The 
briefings shall include at a minimum: intelligence informing 
programmatic or organizational changes or actions, ongoing 
threats to cyber or critical infrastructure, and steps taken to 
mitigate detected threats.
    Roles and Responsibilities.--The Committee concurs with the 
National Cyber Strategy's recommendations that reinforce CISA's 
role as the national coordinator of critical infrastructure 
security and resilience, as well as the lead to facilitate the 
integration of federal cyber centers and update incident 
response plans and processes, in addition to their mission 
responsibilities to assist federal agencies in cyber defense.
    Social Media Policy.--Within 90 days of the date of 
enactment of this Act, CISA shall transmit to the Committee an 
official policy of engagement with social media companies and 
content platforms, including rules of engagement and subject 
matter parameters of such engagements. CISA shall include plans 
to educate personnel on such policy. After consultation with 
the Committee, CISA shall make the policy available on a 
publicly accessible website. CISA shall notify Congress before 
any substantive changes are made to the policy and publish the 
new text on the publicly accessible website within 14 days of 
any changes being made.
    Withholds.--Of the $2,370,963,000 made available through 
the bill for Operations and Support, the recommendation 
withholds $5,000,000 until the CISA briefings and reports 
required by the joint explanatory statement accompanying Public 
Law 117-103 are submitted to the Committee.

                             Cybersecurity

    Accreditation of Third-Party Cybersecurity Service 
Providers.--The Committee recognizes that while a robust market 
of private sector cybersecurity providers is necessary to meet 
demand from vulnerable entities and protect national critical 
functions from cybersecurity threats, critical infrastructure 
organizations may lack the expertise and/or the information 
necessary to identify and select highly qualified providers. 
The Committee encourages CISA to continue efforts to develop 
standardized requirements for and accredit third-party 
cybersecurity service providers and make available the list of 
such providers to federal agencies, SLTT governments, and 
critical infrastructure organizations.
    Cloud-Native Security.--In response to Executive Order 
14028, CISA's Cloud Security Technical Reference Architecture 
Version 2.0 highlights the importance of cloud-native security 
tools to underpin cloud migration, data security, and 
associated compliance efforts for Federal Civilian Executive 
Branch (FCEB) agencies. CISA is encouraged to prioritize the 
inclusion of cloud-native security tools into the Continuous 
Diagnostics and Mitigation (CDM) capability suite. Within 90 
days of the date of enactment of this Act, CISA shall brief the 
Committee on solution offerings available via CDM including 
cloud-native security solutions, CISA's strategy for offering 
cloud-native security solutions in fiscal year 2024, and how 
CISA builds FCEB customer awareness of the benefits of 
deploying such solutions to meet EO 14028 requirements.
    Cyber Defense Education and Training Program (CDET).--The 
recommendation includes $2,000,000 above the request to support 
training and workforce development within the CDET program. The 
Committee acknowledges the need to grow the pipeline of 
qualified cybersecurity professionals within the federal 
government and supports continued investments in the Federal 
Cyber Reskilling Academy; the National Initiative for 
Cybersecurity Education; and cybersecurity education programs 
targeting the kindergarten through 12th grade (K-12) community, 
including the Cybersecurity Education and Training Assistance 
Program (CETAP).
    The Committee urges CISA to work with the Office of the 
National Cyber Director to update the Committee on the status 
of the development of a National Cybersecurity Workforce 
Strategy and any implementing plans, including a funding 
strategy for CDET, within 90 days of enactment of this Act.
    Cyber Incident Reporting for Critical Infrastructure.--The 
Cyber Incident Reporting for Critical Infrastructure Act of 
2022 (CIRCIA) (Public Law 117-103) mandates that CISA publish a 
Notice of Proposed Rulemaking in the Federal Register within 24 
months of enactment of that Act, and issue a final rule 18 
months later, due September 2025, to implement mandatory cyber 
incident reporting for all critical infrastructure owners and 
operators. A subset of these owners and operators, to be 
defined in the rulemaking, will be required to report any cyber 
incident to CISA within 72 hours and any ransom payment within 
24 hours. The recommendation includes $72,240,000 associated 
with CIRCIA implementation, $25,469,000 below the request. The 
Committee believes the amount provided will adequately support 
the on-time implementation of CIRCIA. Not later than 60 days 
after the date of enactment of this Act, CISA shall brief the 
Committee on the strategy and timeline to ensure full 
compliance with CIRCIA.
    Cyber Sensor Capabilities.--CISA is encouraged to continue 
partnering with other government agencies (e.g., the Department 
of Energy) to provide real-time monitoring; advanced warning of 
threats, including advanced persistent threats (APT); and 
detection of attacks on Operational Technology (OT) systems, 
including Supervisory Control and Data Acquisition (SCADA) and 
Industrial Control Systems (ICS) as part of the broader 
CyberSentry program.
    Cyber Threat Intelligence ``As-a-Service''.--CISA is 
reminded to brief the Committee on the rollout of the shared 
service offerings required under this heading in the joint 
explanatory statement accompanying Public Law 117-328.
    Cybersecurity Assessments.--The Committee encourages CISA 
to continue to support vulnerability reduction efforts to 
combat cyber incidents against U.S. critical infrastructure 
entities.
    Cybersecurity Briefings.--The Committee directs CISA to 
continue semiannual briefings on the National Cybersecurity 
Protection System (NCPS) and the CDM program, to now include 
updates on the transition of the legacy NCPS program into the 
Joint Collaborative Environment (JCE) including information on 
the remaining NCPS capabilities and the Cyber Analytics and 
Data System capabilities. The briefings shall include timelines 
and acquisition strategies from the NCPS transition to JCE as 
well as a full description of the CDM and JCE capabilities 
currently deployed; the gaps remaining; and funding levels for 
the prior fiscal year, the current fiscal year, and the budget 
year for each capability. The recommendation includes a 
$24,600,000 reduction from the request for JCE due to the 
funded decommissioning and replacement of the legacy Einstein 
E3A capability.
    Cybersecurity Support for CISA.--The Committee recognizes 
the outsized demand for cybersecurity professionals in the 
United States, which has hindered CISA's ability to fully 
address the nation's cybersecurity vulnerabilities, and directs 
CISA to continue to work with the Department of Defense (DoD) 
to ensure appropriate DoD support to CISA's efforts to respond 
to the increasing number of intrusions, particularly those 
originating in Russia or China.
    Endpoint Detection and Response Technologies.--The 
Committee believes that a competitive, open, and transparent 
product selection process is critical to the effectiveness of 
the Endpoint Detection and Response (EDR) technologies 
initiative mandated by Executive Order 14028 and encourages the 
Department to provide additional consideration of EDR tools 
that can meet the entirety of the requirements of Executive 
Order 14028 and OMB Memorandum M-21-31. Not later than 90 days 
after the date of enactment of this Act, CISA shall brief the 
Committee on its plans for the full deployment of EDR solutions 
across the FCEB, including how it will cover additional 
endpoints such as cloud and mobile devices, as well as an 
accounting of any federal agencies who have not yet deployed 
EDR.
    Evaluating Federal Cybersecurity Planning and Strategy.--
The Committee looks forward to receiving the overdue briefing 
required under this heading in the joint explanatory statement 
accompanying Public Law 117-103.
    Hardening Critical Network Attack Surfaces.--The 
recommendation rejects the proposed $4,971,000 reduction to 
attack surface management to improve situational awareness of 
internet-facing attack surface vulnerabilities related to 
federal, critical infrastructure, and SLTT networks. This 
situational awareness will enable proactive vulnerability 
notification and other targeted services to these entities that 
subscribe to applicable CISA-provided services. Not later than 
180 days after the date of enactment of this Act, CISA shall 
brief the Committee on its progress deploying attack surface 
management capabilities. The briefing should include an 
assessment of how CISA is leveraging both government-developed 
technologies and commercially available solutions to deploy 
this capability. It shall also include a detailed description 
of fiscal year 2022 and 2023 execution of funds and 
deliverables provided; a plan and milestones for execution of 
fiscal year 2024 funds; a demonstration of asset and 
vulnerability identification capability currently deployed; and 
a discussion of how CISA uses this capability to verify and 
manage federal, critical infrastructure, and SLTT asset and 
vulnerability data to help these partners prioritize and 
remediate critical vulnerabilities.
    Evaluating Expansion of CSSO Support.--The Committee looks 
forward to receiving the briefing required under this heading 
in the joint explanatory statement accompanying Public Law 117-
328.
    Innovative Technology.--The Committee recognizes CISA is 
required to respond to rapidly evolving threats and the 
technology required to do so must keep pace. Accordingly, the 
recommendation provides $1,500,000 above the request to 
establish a program, modeled after the CBP Innovation Team, to 
identify commercially available, disruptive, or innovative 
solutions that can improve the efficacy and/or efficiency of 
CISA operations. CISA shall update the Committee on its planned 
obligation of these funds not fewer than 15 days prior to any 
obligation of funds. Funding shall not exceed $750,000 for any 
individual project.
    Integrated Cyber Center.--Not later than 90 days after the 
date of enactment of this Act, CISA shall brief the Committee 
on progress made to address the challenges outlined in the 
report required by section 1731 of the William M. (Mac) 
Thornberry National Defense Authorization Act for Fiscal Year 
2021 and provide legislative recommendations required for 
addressing any outstanding challenges.
    Mobile Threat Defense for Federal Civilian Networks.--The 
Committee notes the rapid proliferation of spyware targeting 
mobile devices, and the increasingly sophisticated methods 
being employed by both state and non-state actors to gain 
access to these devices. As agencies move toward a zero-trust 
security posture, securing mobile devices in tandem with other 
endpoints is essential given the critical nature of the data 
that mobile devices transmit and carry. The Committee is 
concerned about the number of government devices without mobile 
device security, which are vulnerable to zero-day attacks, 
among other threats. The Committee is further concerned about 
the pace of mobile device security deployment and encourages 
CISA to work with the Office of Management and the Budget and 
the FCEB agencies to continue to mitigate the threats posed to 
mobile devices, their users, and the federal networks to which 
they are connected.
    Multi-State Information Sharing and Analysis Center (MS-
ISAC).--CISA shall continue to include budget and staffing 
plans for the MS-ISAC within the quarterly budget and staffing 
briefings described above. The recommendation includes a 
$2,701,000 reduction for MS-ISAC below the request.
    Private Sector Engagement in Cyber Training.--The Committee 
looks forward to receiving the briefing required under this 
heading in the joint explanatory statement accompanying Public 
Law 117-328.
    Threat Hunting.--CISA is reminded to provide the overdue 
briefing required under this heading in the joint explanatory 
statement accompanying Public Law 117-328.
    Zero Trust Architecture Implementation.--The Committee 
supports CISA's efforts to spearhead the adoption of zero trust 
principles across agency environments, beginning with an 
emphasis on identity and access management and device 
management, inclusive of enterprise use of EDR technologies. 
Not later than 90 days after the date of enactment of this Act, 
CISA shall brief the Committee on its strategy to implement its 
zero trust architecture and a detailed accounting of the use of 
appropriated funds to do so.

                        Infrastructure Security

    Bombing Prevention.--The recommendation rejects the 
proposed reduction in the request to the Office for Bombing 
Prevention (OBP) and instead provides $32,115,000. Sustained 
OBP funding is needed to keep pace with evolving threats and 
advanced technology development. The Office plays a critical 
role in ensuring public safety and reducing the nation's 
vulnerability to explosive threats by addressing the 
proliferation and use of improvised explosive devices. The 
recommendation also restores the reduction to the Bomb-Making 
Materials Awareness Program, including $126,000 above the 
request.
    Bomb Disposal Technician Training and Technology Training 
Events (TTEs).--The Committee rejects the proposed reduction to 
TTEs and includes an increase of $2,000,000 above the request 
for bomb technician community TTEs. The OBP shall use this 
funding to hold a minimum of four events to be conducted across 
the country that bring together federal and SLTT agencies and 
industry. These TTEs shall leverage existing partnerships 
between the Departments of Homeland Security, Justice, and 
Defense to expedite the review and transfer of technology and 
information for public safety and military bomb technicians and 
validate special response unit capability assessment data. Not 
later than 120 days after the date of enactment of this Act, 
CISA shall brief the Committee on its efforts to conduct these 
annual TTEs across the country. This briefing shall include 
schedules to conduct a minimum of four TTEs and provide an 
estimate of the total program cost.
    Critical Infrastructure Cybersecurity Shared Services Pilot 
Program.--The Committee does not provide additional funding for 
the Critical Infrastructure Shared Services Pilot Program 
funded in Public Law 117-328, and therefore the recommendation 
includes a $15,000,000 reduction from the request. CISA is 
encouraged to transmit a detailed overview of the scope, need, 
and use cases related to how the existing pilot program funds 
will be used, to help the Committee assess whether to provide 
additional funding in the future.
    Critical Infrastructure Outreach.--Within 90 days of the 
date of enactment of this Act, the Committee directs CISA to 
submit a report detailing all mechanisms, programs, and 
initiatives CISA has in place to facilitate outreach to 
critical infrastructure owners and operators within the 16 
critical infrastructure sectors including Sector Coordinating 
Councils. The report shall include an accounting of regular 
outreach activities carried out at the national level, in the 
different CISA regions, and any special initiatives related to 
rural, suburban, and urban areas. CISA must also provide 
information on the level of cooperation of critical 
infrastructure owners and operators and any recommendations, 
including legislative recommendations, to improve cooperation 
or adoption of security guidance and best practices to enhance 
homeland security. The report should also include any gaps or 
areas of overlap within these mechanisms, programs, and 
initiatives.
    Cybersecurity at Ports.--The Committee encourages CISA to 
work closely with interagency partners to ensure the on-time 
transmittal of the reports required by sections 1259 and 3529 
of the James M. Inhofe National Defense Authorization Act for 
Fiscal Year 2023 (Public Law 117-263). Not later than 90 days 
after the date of enactment of this Act, CISA, in coordination 
with CBP, Coast Guard, and any other agencies the Director 
determines necessary, shall brief the Committee on the risks 
identified by the Department for the cited reports and the 
efforts underway to address them.
    Public Gathering Security.--The recommendation includes 
$6,000,000 above the request for the Public Gathering Security 
Program, rejecting most of the proposed reduction. The 
Committee recognizes the program has an important mission of 
enhancing public and private sector security capacity to 
protect against and mitigate threats to critical infrastructure 
and public gatherings.
    School Safety.--The Committee is concerned by the range of 
complex and evolving threats to the safety of America's youth 
in schools and institutions of higher learning across the 
nation. CISA's School Safety Task Force partners with the 
Departments of Homeland Security, Education, Justice, and 
Health and Human Services to develop and deploy products, 
resources, and tools that help raise awareness of these threats 
within the academic community and increase security and 
resilience in response to these threats.
    The recommendation rejects the proposed reduction to the 
school safety program and includes $3,564,000 above the request 
to allow CISA to maintain its robust school safety services and 
product offerings to better serve students and public and 
private K-12 schools across the country. CISA is reminded of 
the briefing required under this heading in the joint 
explanatory statement accompanying Public Law 117-328 on the 
metrics that best measure the success of the program, and the 
funding and staffing resources dedicated to these efforts.
    SLTT Force Multiplier Assessment.--The Committee directs 
CISA to assess the value of pursuing a pilot program to enhance 
the capacity of SLTT government jurisdictions to conduct 
consistent, replicable infrastructure security and resilience 
activities, including security vulnerability or terrorism risk 
assessments of critical infrastructure facilities. Not later 
than 90 days after the date of enactment of this Act, CISA 
shall provide a briefing to the Committee on the results of 
this assessment, along with any recommendations regarding scope 
and parameters, including scalable funding options.

                        Emergency Communications

    First Responder Emergency Medical Communications.--The 
recommendation provides $6,000,000 above the request, rejecting 
the proposed reduction, for CISA to administer and expand 
competitive grants for SLTT merit-based demonstration projects 
and technical assistance offerings that support the 
implementation of the National Emergency Communications Plan 
through innovative approaches to interoperable emergency 
medical communications in rural areas.
    Next Generation Network Priority Services.--The Committee 
is aware of proofs of concept currently supported through the 
Next Generation Network Priority Services (NGN-PS) Phase II 
program, including the development of highly customizable 
platforms enabling communication between disparate wireless and 
wired protocols. CISA is directed to continue such work and, no 
later than 90 days after the date of enactment of this Act, 
shall brief the Committee on the NGN-PS Phase II program, 
including proofs of concept with a focus on ensuring the 
interoperability and integrity of prioritized operational data 
packets using innovative communications technologies, studying 
how those technologies could improve interoperability between 
critical infrastructure and federal agencies in an operational 
setting, and including potential use cases to include border 
security examples. The recommendation includes $629,000 above 
the request for the NGN-PS Phase II program.
    Securing Communications Networks.--CISA is urged to 
identify ways to encourage Federal, SLTT, and private sector 
partners to replace any technology or services provided by 
companies on the Federal Communications Commission Covered List 
(List of Equipment and Services Covered by section 2 of the 
Secure Networks Act), which leaves entities exposed to cyber 
vulnerabilities and foreign espionage. Some of these companies 
include Huawei, ZTE, Hikvision, Hytera, and Dahua, known to be 
affiliated with the Chinese Communist Party.

                         Integrated Operations

    Regional Security Advisors.--The Committee reminds CISA of 
the requirement to report on the strategy and implementation 
plan for expanding regional capacity, to include a workload 
staffing model, as required in House Report 117-396. The 
Committee generally supports the use of existing funds for 
additional cybersecurity advisors in the ten CISA regional 
offices, as highlighted in the 2022-2026 Strategic Plan, to 
supplement regional capability in areas of high demand or 
national security importance.

                       Risk Management Operations

    Cybersecurity Insurance and Data Analysis Working Group.--
The Committee looks forward to receiving the overdue briefing 
required under this heading in the joint explanatory statement 
accompanying Public Law 117-328.
    Election Security.--CISA is reminded of the requirement 
under this heading in House Report 117-396.
    Expansion of Responsibilities for Sector Risk Management 
Agencies (SRMAs).--The Committee is aware that CISA has 
identified and undertaken efforts to help SRMAs implement their 
statutory responsibilities under section 9002 of the William M. 
(Mac) Thornberry National Defense Authorization Act for Fiscal 
Year 2021. The GAO recommended CISA establish timelines and 
milestones to complete its efforts. The Committee is concerned 
that this recommendation remains open and directs CISA to 
provide information on its planned timelines and milestones in 
writing to the Committee within 90 days of the date of 
enactment of this Act.
    National Critical Functions (NCFs) Analytic Capability.--
The Committee looks forward to having a robust conversation 
with the National Risk Management Center (NRMC) regarding the 
value the center provides, project plans for developing and 
transitioning analytic models to an operational division within 
CISA, and the overall strategic vision of the Center. The 
Committee directs CISA to provide an update on the status of 
the NRMC's efforts to subdivide NCFs and the schedule for 
transitioning these into impactful tools for decision making. 
Further, Congress has yet to receive the National Risk 
Register, which was expected in 2019. The Committee looks 
forward to receiving this product.
    Positioning, Navigation, and Timing Services.--The 
Committee remains concerned about the vulnerability of global 
navigation satellite systems, the risk these vulnerabilities 
place on our Nation's critical infrastructure, and continued 
delays in the implementation of Executive Order 13905 to 
address such vulnerabilities. The Committee directs CISA to 
coordinate with the heads of the SRMAs to identify timelines 
for implementing the contracting requirements specified in the 
EO and to transmit that information to the Committee no later 
than 90 days after the date of enactment of this Act.
    Small Manufacturing Cybersecurity Support.--The Committee 
encourages CISA to continue to explore opportunities to partner 
with the Secretary of Defense for Acquisition and Sustainment, 
the National Institute for Standards and Technology, and the 
Manufacturing Extension Partnership Centers, as described in 
House Report 117-396.
    Threats of Extreme Weather Events to Cybersecurity 
Infrastructure.--CISA shall continue to provide regular 
briefings on the implementation of an overall strategy as 
described in House Report 117-87.

                Stakeholder Engagement and Requirements

    SLTT Resilience Technical Assistance.--The Committee 
encourages CISA to continue to work with appropriate 
stakeholders on the development and promotion of cybersecurity 
plans that could be adopted or modified for adoption by SLTT 
governments.
    Stakeholder Outreach and Operational Engagement.--The 
Committee supports the directives in section 1717(b) of the 
William M. (Mac) Thornberry National Defense Authorization Act 
for Fiscal Year 2021 and looks forward to reviewing the 
required strategy and implementation plan.
    Systemically Important Entities.--CISA shall brief the 
Committee not later than 90 days after the date of enactment of 
this Act on plans to operationalize Systemically Important 
Entities (SIE) capabilities. The briefing shall include, at a 
minimum: the definition and most current list of entities CISA 
determined to be SIEs; how changes to that list will be 
determined going forward; the organizational structure, staff 
levels, and spend plan associated with the initiative; how the 
SIE designation integrates with or informs other CISA 
designations including but not limited to Executive Order 13636 
section 9(a) (``Section 9 entities''), the National Critical 
Functions, the National Critical Infrastructure Prioritization 
Program, and the eventual CIRCIA covered entity designation; 
areas of duplication or parallel efforts to existing CISA 
designations or programs that can be consolidated; and how SIE 
designation impacts SRMAs and other stakeholders within each 
sector.

                            Mission Support

    Chief Learning Officer (CLO) Cyber Workforce Program.--The 
Committee supports the CLO's efforts to work with other 
agencies to streamline cyber workforce and education programs 
through the Cyber Career Pathways Tool. The Committee expects 
CISA to establish measurable outcomes for these efforts and to 
ensure that work includes critical infrastructure and K-12 
institutions. Not later than 90 days after the date of 
enactment of this Act, CISA shall brief the Committee on the 
program and metrics used to assess the program.
    CISA Headquarters Mission Support.--The recommendation 
includes $11,859,000 to support CISA's new headquarters 
consolidation. The recommendation does not fund the requested 
personnel, contract support for business process re-
engineering, or screen sharing technology.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

 
 
 
Appropriation, fiscal year 2023.......................      $549,148,000
Budget request, fiscal year 2024......................       585,996,000
Recommended in the bill...............................       553,537,000
Bill compared with:
  Appropriation, fiscal year 2023.....................        +4,389,000
  Budget request, fiscal year 2024....................       -32,459,000
 

    The recommendation includes $302,421,000 for Continuous 
Diagnostics and Mitigation, of which $54,589,000 is for 
Endpoint Detection and Response. The recommendation also 
includes $22,500,000 for CyberSentry.
    Additionally, the recommendation includes a reduction of 
$6,800,000 for CISA Gateway consistent with the Committee's 
requirement for CISA, acting through the CISA OCIO, to complete 
a review of duplicative capabilities between MCTE and CISA 
Gateway, that could produce cost efficiencies for the agency.

                        RESEARCH AND DEVELOPMENT

 
 
 
Appropriation, fiscal year 2023.......................        $7,431,000
Budget request, fiscal year 2024......................         3,931,000
Recommended in the bill...............................         1,791,000
Bill compared with:
  Appropriation, fiscal year 2023.....................        -5,640,000
  Budget request, fiscal year 2024....................        -2,140,000
 

    Technology Development and Deployment Program (TDDP).--The 
Committee recognizes that there's a promising research and 
development project underway at DHS S&T with similar goals and 
objectives as TDDP and urges CISA to coordinate with DHS S&T to 
combine efforts. The recommendation includes a reduction of 
$2,140,000 from the request for the TDDP.

                  Federal Emergency Management Agency


 
 
 
Appropriation, fiscal year 2023.......................   $25,673,054,000
Budget request, fiscal year 2024......................    25,883,239,000
Recommended in the bill...............................    26,063,169,000
Bill compared with:
  Appropriation, fiscal year 2023.....................      +390,115,000
  Budget request, fiscal year 2024....................      +179,930,000
 

                                Mission

    The Federal Emergency Management Agency (FEMA) helps build, 
sustain, and improve the nation's capability to prepare for, 
protect against, respond to, recover from, and mitigate all 
hazards through disaster response, recovery, and grant programs 
supporting first responders, emergency management, mitigation 
activities, and preparedness.

                         OPERATIONS AND SUPPORT

 
 
 
Appropriation, fiscal year 2023.......................    $1,379,680,000
Budget request, fiscal year 2024......................     1,519,421,000
Recommended in the bill...............................     1,521,248,000
Bill compared with:
  Appropriation, fiscal year 2023.....................      +141,568,000
  Budget request, fiscal year 2024....................        +1,827,000
 

    The recommendation includes an increase of $3,000,000 above 
the request for the National Urban Search and Rescue program, 
and an increase of $3,200,000 above the request for the 
continued administration of Community Project Funding grants.
    The recommendation includes the following decreases to the 
request: $1,101,000 for a new climate resilience initiative; 
$2,444,000 for strategies to address climate change; and 
$828,000 for the establishment of a new Climate Adaptation 
Office.
    Resilience.--Section 1235(d) of the Disaster Recovery 
Reform Act of 2018 (DRRA) requires FEMA, in consultation with 
other federal agencies, to issue a final rulemaking by April 5, 
2020, to define the terms ``resilient'' and ``resiliency.'' 
More than three years after this deadline has passed, and 
nearly five years after the establishment of ``FEMA 
Resilience,'' FEMA has yet to initiate a rulemaking to define 
these terms. The Committee is puzzled by FEMA's inability to 
define the term around which it has based an entire 
organization within the agency. The Committee is also dismayed 
at FEMA's continued implementation of the Resilience 
reorganization despite clear direction in the joint explanatory 
statement accompanying Public Law 117-328 to engage with the 
Committees on any such action.
    Further, the Committee is concerned that a lack of a clear 
definition has limited FEMA's ability to fully realize DRRA's 
intent of enabling stronger recovery from future disasters. 
This includes the consideration of certain materials, such as 
wood and mass timber products, which would otherwise meet or 
exceed requirements to be considered ``resilient'' products, 
for repair and restoration work.
    FEMA is urged to issue interim guidance, in accordance with 
section 1235(d) of the DRRA, that defines the terms 
``resilient'' and ``resiliency'' as they relate to federal 
funding for public assistance grants and hazard mitigation 
measures in areas affected by disasters. In addition, FEMA 
shall provide a written update to the Committee within 30 days 
of the date of enactment of this Act on the status of 
rulemaking related to the implementation of section 1235(d).

                               Mitigation

    Disaster Preparedness and Hazard Mitigation.--The Committee 
recognizes FEMA's efforts to help residents and communities 
prepare for and mitigate the impacts of disasters and natural 
hazards, such as earthquakes and extreme weather events 
involving hail, through its Hazard Mitigation Assistance grant 
programs. The Committee expects FEMA to continue its work with 
state emergency management agencies to ensure adequate planning 
and investments to reduce the loss of life and damage to 
property caused by disasters.
    Natural Hazard Mitigation Infrastructure.--The Committee is 
aware that rehabilitation or establishment of natural 
infrastructure, including but not limited to marshes, wetlands, 
mangroves, and dunes, can reduce damage from flooding and 
coastal storm surges and provide effective floodplain 
management. Such natural infrastructure can also have long-term 
beneficial impacts on topography, soils, water quality, 
wetlands, floodplains, coastal resources, aquatic resources, 
and public health and safety in coastal areas. The Committee 
encourages FEMA to continue to engage with other federal and 
non-federal stakeholders to develop and support conservation 
and environment-based flood mitigation measures and to utilize 
mitigation grant funds for natural infrastructure projects, 
consistent with the directive under this heading in House 
Report 117-87.
    Tsunami Vertical Evacuation Structures.--The Committee 
recognizes the importance of tsunami vertical evacuation 
structures as one of the few lifesaving mitigation measures for 
the unique threat posed by tsunamis and encourages FEMA to 
prioritize these projects for hazard mitigation assistance 
funding.

                      Preparedness and Protection

    Alerts to Individuals with Limited English Proficiency.--
The Committee is concerned about the ability of individuals 
with Limited English Proficiency (LEP) to access emergency 
alerts. As the lead federal entity with responsibility for the 
Emergency Alert System and Wireless Emergency Alerts, FEMA's 
Integrated Public Alert and Warning System plays a critical 
role in helping ensure recipients can read and understand these 
messages. FEMA is directed to take steps to ensure these vital 
messages can be accessed by LEP individuals, including through 
the use of non-Roman characters.
    Emergency Management Assistance Compact.--The 
recommendation includes not less than $2,000,000 for the 
Emergency Management Assistance Compact.
    Mudslides.--The Committee encourages FEMA to provide 
technical assistance, resources, and guidance to states, 
localities, and tribes on how to be prepared for potential 
mudslides after a wildfire.
    Planning for Animal Wellness Act Implementation.--The 
Planning for Animal Wellness Act (Public Law 117-212) requires 
FEMA to establish a working group of experts to review and 
recommend best practices and federal guidance on the needs of 
household pets, service and assistance animals, and captive 
animals, as appropriate, in emergency and disaster 
preparedness, response, and recovery. FEMA is expected to keep 
the Committee apprised of its efforts to implement Public Law 
117-212 and any recommendations made by the working group.
    Wireless Emergency Alerts.--The Committee remains concerned 
with extremely poor air quality and the impact it has on the 
health of Americans. Within one year of the date of enactment 
of this Act, FEMA, in consultation with other relevant 
agencies, shall provide a report to the Committee on the 
resources needed to expand the Wireless Emergency Alert system 
to include extremely poor air quality emergency alerts and any 
concerns FEMA might have with carrying out this requirement.

                         Response and Recovery

    Advanced Modeling and 3D Technology.--FEMA is reminded of 
the requirement in the joint explanatory statement accompanying 
Public Law 117-328 to brief the Committee on the benefits and 
feasibility of integrating hi-resolution imagery and three-
dimensional simulation capabilities into FEMA's emergency 
response tools.
    Disaster Recovery in Rural Communities.--The Committee 
recognizes that disaster recovery in rural communities is often 
dependent upon the strength of a community's assembled recovery 
team and residents' knowledge of and access to programs that 
are available to them. The Committee urges FEMA to work with 
state emergency managers to ensure states have the 
infrastructure in place to support rural community recovery 
teams following a disaster and to make disaster case workers 
available to residents should Individual Assistance be denied.
    Innovative Technologies in Coordinated Disaster Response.--
The Committee is aware that FEMA employs innovative 
technologies, including geographic information system (GIS) 
tools, to improve disaster response capabilities, such as urban 
search and rescue software platforms and the United States Fire 
Administration's data and analytics platform. The Committee 
encourages the Office of Response and Recovery and the United 
States Fire Administration to support geospatial urban search 
and rescue training, planning, and response, including ongoing 
collaboration with appropriate nonprofit entities, and to 
continue to explore innovative technology solutions to support 
disaster preparedness and emergency response activities.
    National Urban Search and Rescue (USAR) Response System.--
The Committee recommends an increase of $3,000,000 to support 
the 28 USAR Task Forces, which conduct critical search, rescue, 
and recovery operations. State and local partners provide 
significant contributions to ensure these teams are 
operationally ready to deploy to nationwide disasters. The 
Committee urges FEMA to review the operational and funding 
requirements to support the USAR system, and to include in its 
fiscal year 2025 budget request sufficient funds to support 
additional training and to maintain or enhance equipment needed 
for these teams to respond to disasters quickly and 
effectively.
    Plastic Products.--China remains the world's largest 
producer of plastics and accounts for nearly one third of 
global plastics. Plastics are a critical material used in 
protective sheeting, emergency kits, and other resources relied 
upon during major disasters and emergencies, including the 
COVID-19 pandemic. FEMA is urged to explore U.S.-based hemp as 
a potential cost-efficient alternative to the use of plastic in 
government-produced or funded materials. FEMA is reminded of 
the requirement in House Report 117-396 to brief the Committee 
on its sources for protective sheeting, emergency kits, and 
other plastic-based resources and what, if any, U.S.-based 
alternatives to foreign plastic products are commercially 
available.
    Public Assistance Policy Standards.--The Committee 
encourages FEMA to consider including in its update to Recovery 
Interim Policy FP-104-009-11 widely used standards utilized by 
the plumbing, mechanical, and electrical industry, including 
plumbing, mechanical and electrical codes approved as American 
National Standards by the American National Standards 
Institute.
    Veterinary Emergency Teams.--Consistent with section 1218 
of the Disaster Recovery Reform Act of 2018 (Public Law 115-
254), the Committee urges FEMA to partner with accredited 
colleges of veterinary medicine with a history of disaster 
response deployments in order to establish one or more national 
veterinary emergency teams.

                            Mission Support

    Interoperable Gateway System Modernization.--The Committee 
supports FEMA's efforts to continue to operate, maintain, and 
modernize the Interoperable Gateway System (IGS) throughout the 
United States and U.S. territories, to enhance communications, 
and to support continuity and disaster response and recovery 
operations.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

 
 
 
Appropriation, fiscal year 2023.......................      $207,730,000
Budget request, fiscal year 2024......................       119,137,000
Recommended in the bill...............................       119,137,000
Bill compared with:
  Appropriation, fiscal year 2023.....................       -88,593,000
  Budget request, fiscal year 2024....................             - - -
 

    Grants Management Modernization.--The Committee is 
concerned that potential schedule delays in the Grants 
Management Modernization program may lead to a disruption in 
services if legacy grants management systems are prematurely 
decommissioned prior to being fully integrated into the new, 
unified FEMA Grants Outcomes (FEMA GO) platform. For example, a 
disruption in FEMA's Applicant Case Tracker (FAC-Trax) system, 
which allows FEMA to manage and track public assistance 
applications and documentation, could severely hamper the 
delivery of critical resources to communities recovering from 
disasters. FEMA is urged to maintain continuity for the 
existing FAC-Trax system pending demonstration of its 
successful integration into the FEMA GO system.

                           FEDERAL ASSISTANCE

 
 
 
Appropriation, fiscal year 2023.......................    $3,882,014,000
Budget request, fiscal year 2024......................     3,564,357,000
Recommended in the bill...............................     3,742,460,342
Bill compared with:
  Appropriation, fiscal year 2023.....................      -139,553,658
  Budget request, fiscal year 2024....................      +178,103,342
 

    A comparison of the budget request to the Committee 
recommended level by budget activity is as follows:

------------------------------------------------------------------------
                                      Budget Request     Recommendation
------------------------------------------------------------------------
Grants
    State Homeland Security Grant         601,186,000        530,000,000
     Program......................
        (Operation Stonegarden)...       (90,000,000)      (100,000,000)
        (Nonprofit Security)......      (180,000,000)              - - -
        (Tribal Homeland Security               - - -       (15,000,000)
         Grant Program)...........
    Urban Area Security Initiative        711,184,000        615,000,000
        (Nonprofit Security)......      (180,000,000)              - - -
    Nonprofit Security Grant                    - - -        315,000,000
     Program......................
    Public Transportation Security        100,000,000        105,000,000
     Assistance...................
        (Amtrak Security).........       (10,000,000)       (10,000,000)
        (Over-the-Road Bus                (2,000,000)        (2,000,000)
         Security)................
    Port Security Grants..........        100,000,000        100,000,000
    Assistance to Firefighter             370,000,000        360,000,000
     Grants.......................
    Staffing for Adequate Fire and        370,000,000        360,000,000
     Emergency Response...........
    Emergency Management                  355,000,000        355,000,000
     Performance Grants...........
    Flood Hazard Mapping and Risk         350,000,000        312,750,000
     Analysis Program.............
    Regional Catastrophic                  12,000,000         12,000,000
     Preparedness Grants..........
    Emergency Food and Shelter....        130,000,000        130,000,000
    Tribal Homeland Security Grant         15,000,000              - - -
     Program......................
    Shelter and Services Program..         83,500,000              - - -
    Critical Infrastructure Cyber          50,000,000              - - -
     Grant Program................
    Next Generation Warning System              - - -         40,000,000
    Community Project Funding.....              - - -        181,223,342
        Subtotal, Grants..........      3,247,870,000      3,415,973,342
    Terrorism and Targeted               (20,000,000)              - - -
     Violence Prevention (by
     transfer)....................
    Alternatives to Detention Case       (15,000,000)              - - -
     Management (by transfer).....
        Subtotal, Grants                3,282,870,000      3,415,973,342
         (including transfers)....
Education, Training, and Exercises
    Center for Domestic                    71,592,000         71,592,000
     Preparedness.................
    Center for Homeland Defense            18,000,000         18,000,000
     and Security.................
    Emergency Management Institute         32,515,000         32,515,000
    U.S. Fire Administration......         60,331,000         60,331,000
    National Domestic Preparedness        101,000,000        106,000,000
     Consortium...................
    Continuing Training Grants....         12,000,000         17,000,000
    National Exercise Program.....         21,049,000         21,049,000
        Subtotal, Education,              316,487,000        326,487,000
         Training, and Exercises..
        Total, Federal Assistance.      3,564,357,000      3,742,460,342
    Total, Federal Assistance          $3,599,357,000     $3,742,460,342
     (including transfers)........
------------------------------------------------------------------------

                                 Grants

    School Safety.--School hardening measures are eligible 
activities under the Urban Area Security Initiative (UASI) and 
the State Homeland Security Program (SHSP). Funds may be used 
for bullet resistant doors and glass; hinge-locking mechanisms; 
immediate notification to emergency 911 systems; mechanisms 
that provide real time, actionable intelligence directly to law 
enforcement and first responders; installation of distraction 
devices or other countermeasures administered by law 
enforcement; and other measures determined to provide 
significant improvement to school physical security. The 
Committee encourages FEMA to work with states and school 
districts to increase awareness of these funding opportunities.
    Law Enforcement Terrorism Prevention Activities.--The SHSP 
and UASI programs play an important role in supporting 
multiagency, multidisciplinary efforts to prevent, prepare for, 
mitigate, respond to, and recover from acts of terrorism and 
other threats. For the second consecutive year, FEMA increased 
the Law Enforcement Terrorism Prevention Activities (LETPA) 
set-aside within the SHSP and UASI programs in fiscal year 
2023. The Committee notes that law enforcement, emergency 
management, fire, emergency medical services, public health, 
and public works all play a vital role in prevention 
activities. The Committee is concerned that the continued 
increase in the LETPA set-aside runs the risk of crowding out 
resources for critical multidisciplinary preparedness and 
response efforts. Prior to making grant funds available for 
fiscal year 2024, the Committee urges FEMA to consult with all 
interested stakeholders in communities across the country to 
ensure priority investment areas align with state and local 
efforts to further national preparedness and do not duplicate 
investments made through other federal grant programs.
    Operation Stonegarden.--The Committee reminds FEMA of the 
need to ensure states make proper and timely distributions to 
local governments and that State Administrative Agencies may 
not receive management and administration funds under any 
circumstances. The Committee encourages the Department to 
explore how funding can be used by grant recipients to purchase 
technology such as cameras, sensors, and drones, as well as 
other uses of such grants to further supply eligible law 
enforcement agencies. The Committee also encourages the 
Department to explore how grant funding can be used to help 
interdict illicit outbound firearms and currency.
    Tribal Nations Emergency Response System Pilot.--The 
Committee is aware of the importance of communications 
interoperability during times of crisis, including for Tribal 
nations. Within the Tribal Homeland Security Grant Program, the 
Committee encourages FEMA to consider the feasibility of 
conducting a pilot program to develop an interoperable digital 
emergency management platform for Tribal nations.
    Nonprofit Security Grant Program.--Within 180 days of the 
date of enactment of this Act, FEMA is directed to submit a 
report to the Committee on the Nonprofit Security Grant Program 
for fiscal years 2021, 2022, and 2023. The report shall detail 
by fiscal year: the number of grant applications submitted; the 
total amount of grant funding requested; the number of grants 
awarded; and, for each grant award, the name of the recipient, 
the amount, and the project type. The report shall also include 
an analysis of the impacts of the program, including tangible 
results demonstrating how the program has improved preparedness 
and reduced the risk of terrorist or other extremist attacks.
    FEMA shall work with state agencies to ensure that 
Historically Black Colleges and Universities are aware of their 
eligibility to apply for these grants and the FEMA training and 
technical assistance available to them to facilitate the 
application process.
    Emergency Food and Shelter Program.--The Committee is 
concerned that FEMA has not conducted adequate oversight of the 
Emergency Food and Shelter Program (EFSP), which limits FEMA's 
and Congress' ability to ensure funds are being used in 
accordance with applicable laws and regulations. For the 
Humanitarian program (EFSP-H) specifically--which was 
established to provide food, shelter, and services to migrants 
encountered by DHS at the southern border--the Committee is 
troubled by the significant amount of funds awarded to non-
border adjacent cities. In addition, the Committee is troubled 
by FEMA's inability to provide basic information on how these 
funds are being used by program recipients.
    Not later than 60 days after the date of enactment of this 
Act, FEMA is directed to submit to the Committee a report on 
EFSP and EFSP-H grant awards for fiscal years 2022 and 2023 by 
recipient, location(s), amount received, eligible activities, 
and whether these expenses were advanced or reimbursed. For 
each grant recipient and location, the report shall also 
include: the total number of individuals and families served; 
demographics (age, gender, nationality, language) of 
individuals and families served; and a description of private 
resources or contributions and community engagement to 
supplement federal dollars. For fiscal year 2023, the report 
shall include funds awarded through the Shelter and Services 
Program (SSP).
    The bill includes no funds for EFSP-H nor SSP for fiscal 
year 2024. Prior to making funds available for the traditional 
EFSP program for fiscal year 2024, FEMA is directed to consult 
with the House and Senate Committees on Appropriations and the 
EFSP National Board on revised reporting procedures to ensure 
FEMA and Congress receive timely information to facilitate 
effective oversight and better inform future funding decisions.
    Risk MAP Urban Flood Mapping Program.--FEMA is reminded of 
the requirement in House Report 117-87 to brief the Committees 
within 30 days of the completion of fiscal year 2020 Urban Area 
Flooding Pilot activities, and to make related recommendations, 
including whether a permanent program should be established.
    Wood Chipper Programs.--The Committee understands that wood 
chipper programs are an effective means of fuel reduction in 
communities under threat from wildfire because they assist 
residents in maintaining defensible space around their homes, 
other structures, and access routes, and enable communities to 
easily dispose of large amounts of potential fuel. The 
Committee encourages FEMA to continue to fund wood chipper 
programs in high-risk communities through the Fire Prevention 
and Safety Program.
    Emergency Response Training.--The Committee recognizes the 
importance of FEMA's education, training, and exercise programs 
in improving the nation's response to extreme weather events 
and natural disasters. Given the unique challenges underserved, 
rural, and remote communities face in training for emergencies, 
the Committee encourages FEMA training programs to support 
initiatives that serve rural and remote communities and help 
them prepare for and respond to extreme weather events.
    Rail Emergency Response Training.--The events in East 
Palestine, Ohio, have brought national awareness to the 
importance of training first responders in how to best prevent, 
protect against, respond to, and recover from hazardous 
materials incidents involving railroads. The Committee 
encourages the National Domestic Preparedness Consortium to 
expand hazardous materials training for SLTT first responders.
    Continuing Training Grants.--The recommendation includes 
$17,000,000 for Continuing Training Grants, including not less 
than $4,000,000 to be competitively awarded for FEMA-certified 
rural and tribal training and $8,000,000 for activities of the 
National Cybersecurity Preparedness Consortium.

                          DISASTER RELIEF FUND

 
 
 
Appropriation, fiscal year 2023.......................   $19,945,000,000
Budget request, fiscal year 2024......................    20,406,341,000
Recommended in the bill...............................    20,406,341,000
Bill compared with:
  Appropriation, fiscal year 2023.....................      +461,341,000
  Budget request, fiscal year 2024....................             - - -
 

    Disaster Assistance for Persistent Poverty Counties.--
Public Law 117-103 increased the federal cost share from 75 
percent to 90 percent for major disasters declared during 
calendar years 2020 and 2021. The Committee encourages FEMA to 
consider adjusting the cost share for persistent poverty 
counties for disasters declared during calendar year 2022.
    Breastfeeding.--The Committee continues to urge FEMA to 
ensure that breastfeeding mothers impacted by disasters have 
access to breastfeeding services and supplies through its 
Critical Needs Assistance, Other Needs Assistance, and other 
programs. In the aftermath of a disaster, FEMA is directed to 
work with SLTT partners, other federal agencies, and volunteer 
organizations to ensure that disaster survivors and service 
providers have information on support available for nursing 
equipment and supplies.
    Non-Contiguous States and Territories.--FEMA is reminded of 
the briefing requirement in House Report 117-396 on disaster 
assistance in non-contiguous U.S. states and territories.

                     NATIONAL FLOOD INSURANCE FUND

 
 
 
Appropriation, fiscal year 2023.......................      $225,000,000
Budget request, fiscal year 2024......................       239,983,000
Recommended in the bill...............................       239,983,000
Bill compared with:
  Appropriation, fiscal year 2023.....................       +14,983,000
  Budget request, fiscal year 2024....................             - - -
 

    Flood Insurance Rate Maps.--Section 100216 of Public Law 
112-141 directed FEMA to incorporate best available science and 
data, including data to consider the impact of future 
conditions, as well as recommendations from the Technical 
Mapping Advisory Council when updating Flood Insurance Rate 
Maps (FIRMs). In a 2021 report, ``FEMA Flood Maps: Better 
Planning and Analysis Needed to Address Current and Future 
Flood Hazards'' (GAO-22-104079), GAO recommended that FEMA 
update its Risk MAP program plan to identify goals, time 
frames, and other elements related to its flood mapping efforts 
to reflect current and future flood hazards. Within 90 days of 
the date of enactment of this Act, FEMA shall brief the 
Committee on its actions to implement GAO's recommendation and 
any related efforts to improve the accuracy of FIRMs and FEMA's 
nonregulatory flood risk products by incorporating best 
available science and data, particularly with regard to data on 
future conditions, and the agency's plan to implement any such 
improvements in a timely manner.

                  Title III--Administrative Provisions

    Section 301. The Committee continues and modifies a 
provision regarding quarterly budget and staffing briefings for 
CISA.
    Section 302. The Committee continues a provision limiting 
expenses for the administration of grants.
    Section 303. The Committee continues a provision specifying 
timeframes for grant applications and awards.
    Section 304. The Committee continues a provision requiring 
a five-day advance notification for certain grant awards under 
``Federal Emergency Management Agency--Federal Assistance''.
    Section 305. The Committee continues a provision addressing 
the availability of certain grant funds for the installation of 
communications towers.
    Section 306. The Committee continues a provision requiring 
the submission of a monthly Disaster Relief Fund report.
    Section 307. The Committee continues a provision permitting 
the FEMA Administrator to grant waivers from specified 
requirements of section 34 of the Federal Fire Prevention and 
Control Act of 1974.
    Section 308. The Committee continues a provision providing 
for the receipt and expenditure of fees collected for the 
Radiological Emergency Preparedness Program, as authorized by 
Public Law 105-276.
    Section 309. The Committee continues a provision permitting 
the FEMA Administrator to grant waivers from specified 
requirements of section 33 of the Federal Fire Prevention and 
Control Act of 1974.

        TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES


               U.S. Citizenship and Immigration Services


 
 
 
Appropriation, fiscal year 2023.......................      $267,981,000
Budget request, fiscal year 2024......................       865,194,000
Recommended in the bill...............................       111,865,000
Bill compared with:
  Appropriation, fiscal year 2023.....................      -156,116,000
  Budget request, fiscal year 2024....................      -753,329,000
 

                                Mission

    U.S. Citizenship and Immigration Services (USCIS) 
adjudicates and grants immigration and citizenship benefits, 
confirms eligibility for employment and public services, and 
promotes an awareness and understanding of citizenship in 
support of immigrant integration, while protecting the 
integrity of the nation's immigration system. USCIS activities 
are primarily funded through fees collected from applicants for 
immigration benefits.

                         OPERATIONS AND SUPPORT

 
 
 
Appropriation, fiscal year 2023.......................      $242,981,000
Budget request, fiscal year 2024......................       855,194,000
Recommended in the bill...............................       111,865,000
Bill compared with:
  Appropriation, fiscal year 2023.....................      -131,116,000
  Budget request, fiscal year 2024....................      -743,329,000
 

    The Committee supports the agency's efforts to update fees 
to enhance the cost recovery of services provided to ensure the 
timely adjudication of immigration benefit applications. USCIS 
was intended to be fee-funded by applicants and petitioners 
seeking immigration benefits, and the Committee recommendation 
reinforces the original congressional intent for the agency. 
The Committee fully funds the request for the E-Verify program 
that allows enrolled employers to confirm the eligibility of 
their employees to work in the United States.
    Application Processing.--USCIS is directed to prioritize 
the timely processing of citizenship and other applications, 
with a goal of adjudicating all requests within six months of 
submission or referral. For any proposed regulatory action that 
would impact fee levels, USCIS shall include in the Federal 
Register a detailed plan to reduce the aggregate median 
processing time by at least 25 percent for all applications 
within one year of the date of the Federal Register notice and 
each year thereafter until median processing times are fewer 
than six months.
    USCIS is directed to make available, on a publicly 
accessible website, an interactive dashboard detailing the 
number of forms received, processed, approved, denied, and 
pending by month, along with the average processing time and 
the number of forms pending for more than six months for all 
USCIS forms. USCIS shall update the Committee on the status of 
this requirement during the quarterly budget and productivity 
briefings required by House Report 117-396.
    The dashboard shall be updated monthly by not later than 
the tenth business day following the end of each month and 
permit the downloading of the underlying data in a searchable 
and sortable spreadsheet format.
    Asia Women's University.--The Committee encourages USCIS to 
expeditiously adjudicate applications from students who were 
enrolled at the Asia Women's University as part of a program 
administered by the U.S. Department of State.
    Backlog Reduction and Reporting.--USCIS is directed to 
exclude employees from eligibility for DHS Volunteer Force 
efforts whose job roles and responsibilities are related to or 
directly involved with application processing, including of 
immigrant and asylum applications. USCIS is also directed to 
continue monthly reporting to the Committee on the case backlog 
trends and statistics. USCIS is urged to improve the timeliness 
of such reporting due to the importance of subject matter to 
the mission of the agency and the need for congressional 
oversight.
    Budget Justification Materials.--USCIS is directed to 
ensure user fee budget justifications include descriptions of 
planned spending profiles, year-over-year changes, and cost 
assumptions. The justifications for these accounts should 
provide the same level of detail and analysis as is provided 
for the Department's discretionary funding accounts. For 
example, the justification shall contain detailed budget 
exhibits for each of the fee PPAs and fully describe the 
staffing and hiring strategy. In addition, the materials shall 
include the plans and budget assumptions for USCIS's 
international operations and the funding and planned outcome 
measures for business process improvements and modernization 
efforts.
    A full understanding of USCIS's budget strategy, plans, and 
assumptions is critical to Congress' oversight 
responsibilities--regardless of the funding source. The 
Committee expects these items to be addressed with the annual 
budget justification materials or that the necessary program 
details, funding and staffing profiles, and other exhibits be 
submitted concurrently with the delivery of the annual budget.
    Cost Recovery.--USCIS is urged to limit fee waivers to 
ensure maximum recovery of costs associated with USCIS 
services. USCIS is directed to include fee waiver data in the 
quarterly budget and staffing briefings required by House 
Report 117-396. Not later than 90 days after the date of 
enactment of this Act, USCIS shall brief the Committee on ways 
to improve cost recovery at the agency.
    Credible Fear and Asylum Assessment.--USCIS is urged to 
work with other federal partners including CBP, ICE, and the 
Department of Justice Executive Office of Immigration Review to 
assess ways to enhance compliance with asylum officer and 
immigration judge determinations.
    Data on Asylum Operations.--USCIS is directed to continue 
to make available, on a publicly accessible website in a 
downloadable, searchable, and sortable format, the information 
required under this heading in the joint explanatory statement 
accompanying Public Law 117-328.
    E-Verify.--The Committee encourages USCIS to continue 
efforts to modernize the E-Verify program, as well as 
improvements in outreach efforts and training tools to assist 
employers in improving the accuracy of information they submit 
into the system.
    Electronic Processing.--The Committee continues the 
requirement for USCIS to provide a quarterly brief on its 
electronic processing efforts. The Committee supports the 
ongoing digitization efforts of USCIS forms and signature 
requirements to comply with the 21st Century Integrated Digital 
Experience Act (IDEA) (Public Law 115-336) and encourages USCIS 
to ensure all digitized forms are able to be worked 
electronically.
    Eliminating Confusion in Classifying Job Occupations.--The 
Committee urges USCIS to continue to update each of its online 
and paper forms to ensure that the Standard Occupational 
Classification codes are the only occupational codes used. 
USCIS shall notify the Committee once this requirement is 
complete.
    Fee Analysis.--Not later than 30 days after the date of 
enactment of this Act, USCIS is directed to brief the Committee 
on fee increases for H-2A, H-1B, L-1, and O-1 visas, among 
other visa and green card programs. The briefing shall include 
USCIS's analysis that determined the pricing changes for the 
impacted visa programs and shall outline how USCIS intends to 
use funds derived from the fee increases to effectuate the 
recommendations in USCIS's fiscal year 2023-2026 Strategic 
Roadmap.
    Filipino World War II Veteran Visa Backlog.--USCIS is 
reminded of the requirement under this heading in House Report 
117-396.
    Fraud Risk Management.--The Committee is concerned with 
reports of inefficiencies in fraud and other vetting operations 
outlined in the report, ``U.S. Citizenship and Immigration 
Services: Additional Actions Needed to Manage Fraud Risks'' 
(GAO-22-105328). Within 90 days of the date of enactment of 
this Act, USCIS is directed to brief the Committee on its 
progress implementing the report's six recommendations.
    Information Technology Modernization.--Not later than 180 
days after the date of enactment of this Act, USCIS shall brief 
the Committee on information technology modernization efforts 
and progress made on data center consolidation, including any 
barriers to completing these efforts.
    Quarterly Budget and Productivity Reporting.--The Committee 
looks forward to receiving the quarterly briefings required 
under this heading in House Report 117-396. USCIS shall 
continue to provide these briefings in fiscal year 2024.
    R-1 Visas.--USCIS shall brief the Committee on reports of 
organizations abusing the R-1 visa program through deceptive 
and exploitative labor practices within 180 days of enactment 
of this Act, including on its plans to prevent such abuses.
    Refugee Admissions.--USCIS shall continue to provide the 
information required under this heading in the joint 
explanatory statement accompanying Public Law 117-103, to 
include fiscal year 2024.
    Remote Interviews.--Not later than 90 days after the date 
of enactment of this Act, USCIS shall brief the Committee on 
the use of video and audio teleconferencing for application 
interviews, including how many interviews were conducted by 
each method, what infrastructure was used to do so, and what 
needs remain to expand the use of remote interviews. The brief 
should also include challenges and best practices in conducting 
remote interviews and factors that informed USCIS's decisions 
around which applicants were eligible for a remote interview. 
The brief should also include an analysis of the totality of 
costs associated with remote interviews including after 
consulting with other DHS partners who must outfit space for 
the remote interviews including CBP and ICE.
    Special Immigrant Juvenile (SIJ) Applications.--The 
Committee directs USCIS to continue to publish information 
required under this heading in House Report 117-396.
    Spouse Petitions.--With respect to fiance(e) or spouse 
petitions involving a minor party, the Committee continues to 
direct USCIS to document the age of the minor party at the time 
of the civil/legal marriage, along with the age difference 
between the parties, with ages given in months as well as 
years.
    Workload Staffing Modeling.--The Committee reminds USCIS to 
provide the briefing required under this heading in the joint 
explanatory statement accompanying Public Law 117-103.

                           FEDERAL ASSISTANCE

 
 
 
Appropriation, fiscal year 2023.......................       $25,000,000
Budget request, fiscal year 2024......................        10,000,000
Recommended in the bill...............................               ---
Bill compared with:
  Appropriation, fiscal year 2023.....................       -25,000,000
  Budget request, fiscal year 2024....................       -10,000,000
 

    The recommendation includes no funds for the Citizenship 
and Integration Grant Program.
    USCIS continues to have the authority to accept private 
donations to support the Citizenship and Integration Grant 
Program. The Committee directs USCIS to provide an update on 
its planned use of this authority not later than 30 days after 
the date of enactment of this Act, to include efforts 
undertaken to solicit private donations.
    Grant Reporting.--USCIS is directed on an annual basis to 
make available on a publicly accessible website in a 
downloadable, searchable, and sortable format, an accounting of 
all grant funding provided by or in coordination with USCIS for 
at least the previous three fiscal years. At a minimum, the 
report shall include by fiscal year: the name of the grant, 
recipient of the grant, grant amount, fiscal year period of 
availability, purpose of awarded grant, the number of people 
impacted by the grant, and metrics used to measure success or 
impact of such grant. USCIS shall publish the first version of 
such document not later than 120 days after the date of 
enactment of this Act.

                Federal Law Enforcement Training Centers


 
 
 
Appropriation, fiscal year 2023.......................      $406,547,000
Budget request, fiscal year 2024......................       379,198,000
Recommended in the bill...............................       381,498,000
Bill compared with:
  Appropriation, fiscal year 2023.....................       -25,049,000
  Budget request, fiscal year 2024....................        +2,300,000
 

                                Mission

    The Federal Law Enforcement Training Centers (FLETC) 
provide or facilitate basic and advanced law enforcement 
training for over 90 federal agencies and numerous state, 
local, tribal, and international law enforcement organizations.

                         OPERATIONS AND SUPPORT

 
 
 
Appropriation, fiscal year 2023.......................      $354,552,000
Budget request, fiscal year 2024......................       359,098,000
Recommended in the bill...............................       361,398,000
Bill compared with:
  Appropriation, fiscal year 2023.....................        +6,846,000
  Budget request, fiscal year 2024....................        +2,300,000
 

    The recommendation provides $2,300,000 above the request to 
support the growing training needs of law enforcement 
nationwide. Funding may be used for the hiring, training, and 
deployment of FLETC staff and other associated expenses to meet 
the training demands of SLTT and campus law enforcement. 
Training topics shall include human trafficking and other 
emerging topics. In addition, the Committee directs FLETC to 
submit a report not later than 180 days after the date of 
enactment of this Act on how it plans to utilize these funds to 
meet law enforcement training needs of SLTTs in fiscal year 
2024. The report shall include data on training requests FLETC 
received in fiscal year 2023, the number of training requests 
accepted, the number of training requests FLETC was unable to 
fulfill due to resource constraints, and the projected number 
of requests in fiscal year 2024. The Committee directs FLETC to 
identify the resources required to meet unmet and projected 
training demands and include that information in the report to 
the Committee.
    The Committee is aware that FLETC is working to coordinate 
across all departmental components to ensure that component 
hiring projections for the fiscal year align with FLETC 
training capacity. The Committee urges FLETC to coordinate with 
its partner organizations to ensure the same level of 
transparency and planning, and to regularly update the 
Committee on these efforts.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

 
 
 
Appropriation, fiscal year 2023.......................       $51,995,000
Budget request, fiscal year 2024......................        20,100,000
Recommended in the bill...............................        20,100,000
Bill compared with:
  Appropriation, fiscal year 2023.....................       -31,895,000
  Budget request, fiscal year 2024....................             - - -
 

    The recommendation provides $20,100,000, as requested, 
including $8,000,000 for the replacement of aged boilers at the 
Glynco campus; $5,000,000 to evaluate and upgrade the natural 
gas system at Glynco; $2,000,000 for a combined heat and air 
project at Glynco; and $5,100,000 for skid pad rehabilitation 
and restoration at the Cheltenham campus.

                   Science and Technology Directorate


 
 
 
Appropriation, fiscal year 2023.......................      $900,541,000
Budget request, fiscal year 2024......................       887,169,000
Recommended in the bill...............................       836,643,000
Bill compared with:
  Appropriation, fiscal year 2023.....................       -63,898,000
  Budget request, fiscal year 2024....................       -50,526,000
 

                                Mission

    The mission of the Science and Technology Directorate (S&T) 
is to conduct and support research, development, developmental 
and operational testing and evaluation, and the timely 
transition of homeland security capabilities to operational end 
users at the federal, state, and local levels.

                         OPERATIONS AND SUPPORT

 
 
 
Appropriation, fiscal year 2023.......................      $384,107,000
Budget request, fiscal year 2024......................       372,045,000
Recommended in the bill...............................       333,632,000
Bill compared with:
  Appropriation, fiscal year 2023.....................       -50,475,000
  Budget request, fiscal year 2024....................       -38,413,000
 

    The recommendation is $38,413,000 below the request. The 
Committee is frustrated that S&T is not responsive to component 
needs. The Committee encourages S&T to focus on developing the 
research and tools to address the components' highest 
priorities.
    Future Migration Across the Southwest Border.--The 
Committee urges S&T to expand and evolve the interagency models 
used to project impacts to federal agencies from the changing 
flow of migrants crossing the border, as well as the effect of 
changes in policies and agency resources. A primary objective 
is to model the different pathways for migrants encountered at 
the border based on their demographics (e.g., single adults, 
family units, and unaccompanied children) and then apply 
predictive tools to help establish a shared baseline across all 
agencies and community partners that play a role in managing 
that processing. The Department is directed to report back to 
the Committee on these efforts within 90 days of the date of 
enactment of this Act.
    Redundant Research and Development Efforts.--Prior to 
engaging in any new, or continuing funding for any existing, 
research and development activities, S&T shall first consider 
whether any existing efforts are currently or have already been 
funded elsewhere in the Federal Government, such as at the 
Department of Defense, that would address such requirements.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

 
 
 
Appropriation, fiscal year 2023.......................       $55,216,000
Budget request, fiscal year 2024......................        78,579,000
Recommended in the bill...............................        58,466,000
Bill compared with:
  Appropriation, fiscal year 2023.....................        +3,250,000
  Budget request, fiscal year 2024....................       -20,113,000
 

    The recommendation provides $10,000,000, as requested, for 
critical improvements to S&T's laboratory facilities; 
$13,466,000 for the Plum Island Closure and Support (PICS) 
Program, consistent with the fiscal year 2023 level, and a 
decrease of $20,113,000 below the request; and $35,000,000 for 
the construction of the Detection Sciences Testing and Applied 
Research (DSTAR) Center, as requested.
    Plum Island Closure and Support (PICS) Program.--Consistent 
with fiscal year 2023, the Committee provides $13,466,000 to 
continue the transition, closure, and conveyance of all Plum 
Island real property and all related personal property to 
facilitate the transfer of the Plum Island Animal Disease 
Center (PIADC) mission to the National Bio and Agro-Defense 
Facility (NBAF). The Committee notes that the transition of 
PIADC science mission activities to NBAF is currently scheduled 
for completion in fiscal year 2024. S&T is directed to continue 
providing semi-annual briefings on the progress of these 
activities, as specified in the joint explanatory statement 
accompanying Public Law 116-260.
    Transportation Security Laboratory (TSL) DSTAR Center.--The 
Committee supports the administration's plan to move forward 
with the construction of the DSTAR Center. The recommendation 
provides the requested funding.

                        RESEARCH AND DEVELOPMENT

 
 
 
Appropriation, fiscal year 2023.......................      $461,218,000
Budget request, fiscal year 2024......................       436,545,000
Recommended in the bill...............................       444,545,000
Bill compared with:
  Appropriation, fiscal year 2023.....................       -16,673,000
  Budget request, fiscal year 2024....................        +8,000,000
 

    The recommendation is to fund at $8,000,000 above the 
request level.

                 Research, Development, and Innovation

    The recommendation provides $8,000,000 above the request to 
support the Binational Industrial Research and Development 
Homeland Security (BIRD HLS) Program and the U.S.-Israel 
Cybersecurity Cooperation Enhancement Program.
    Advanced Sensors Technologies.--Within the funds provided, 
the Committee encourages work on critical research areas such 
as developing and fielding next generation first responder 
technology that utilizes advanced sensors and imager 
technologies, including portable chemical forensic analyzers.
    Binational Industrial Research and Development Homeland 
Security Program.--The Committee continues to support the BIRD 
HLS program, which allows S&T to work with Israeli partners to 
develop innovative technology solutions for homeland security 
needs, and provides $2,000,000 for this program.
    Border Threat of Small Unmanned Aerial Systems (sUAS).--The 
Committee recognizes the growing threat of sUAS activity at the 
southern border and encourages program funding that would drive 
data analysis, countermeasure work, cybersecurity vulnerability 
assessments, and drone exploitation activities.
    Composite Maritime Shipping Containers.--Within the funds 
provided, S&T is encouraged to continue efforts for research on 
secure, thermoplastic composite maritime shipping containers.
    Cybersecurity Partnerships.--The Committee encourages S&T 
to seek a bilateral partnership with Taiwan through the 
International Cooperative Program Office to support 
cybersecurity research and enhance preparedness against cyber 
threats. Not later than 180 days after the date of enactment of 
this Act, S&T shall provide a briefing to the Committee on the 
feasibility of forming, executing, or implementing an agreement 
with Taiwan for these purposes.
    Cyber Vulnerabilities in the Agriculture and Food Value 
Chain.--The Committee recognizes the importance of reducing the 
cybersecurity vulnerabilities of U.S. agricultural production 
and development, particularly with increasing digital 
connections across the agriculture and food value chain. Within 
the funds provided the Committee urges S&T to pursue research 
to reduce the risk of these vulnerabilities.
    Dam Infrastructure Research and Development.--The nation 
faces a large backlog of rehabilitation costs for dams. Within 
the funds provided, the Committee encourages S&T, in 
cooperation with U.S. Army Corps of Engineers and FEMA, to 
research cost-effective solutions to the nation's aging dam 
infrastructure.
    DHS Demonstration Site for Unmanned Aerial Systems (UAS).--
The DHS UAS Demonstration Site provides an effective and 
efficient operational testing and evaluation capacity for S&T 
and the operational partners that it supports, including CBP, 
Coast Guard, Secret Service, ICE, I&A, and the first responder 
community. The Committee is encouraged by the ongoing work to 
integrate UAS platforms and intelligence, surveillance, and 
reconnaissance capabilities to enhance border security as well 
as to counter, address, and disrupt ongoing drug smuggling and 
human trafficking. With recent personnel moves at DHS, the DHS 
Demonstration Site will be able to more effectively serve the 
needs of DHS. The Committee encourages funding at levels no 
less than fiscal year 2023 for this program.
    Fentanyl Detection.--The Committee is frustrated that the 
request proposes a 60 percent reduction for opioid/fentanyl 
detection within its Chemical, Biological, and Explosive 
Defense Thrust Area. With fentanyl deaths continuing to 
devastate communities across the nation, it is unclear how such 
a reduction could be justified. The reductions to this program 
in fiscal year 2023 slowed progress; the further proposed 
reductions would essentially halt the research. Within the 
funds provided, the Committee directs S&T, in conjunction with 
CBP, to spend no less than the fiscal year 2022 level to 
improve opioid and fentanyl detection. Such efforts shall 
include research on additional technological solutions to 
target and detect low-purity fentanyl, especially in 
counterfeit pressed tablets; enhanced targeting of counterfeit 
pills through nonintrusive, noninvasive, and other visual 
screening technologies; and improved data-driven targeting to 
increase seizure rates of fentanyl and its precursors.
    First Responder Resilient Communications.--The Committee is 
aware of challenges faced by first responders during recent 
disasters due to gaps in critical communication equipment, 
which prevented emergency personnel from communicating with 
each other and residents in potentially dangerous situations. 
Within the funds provided, the Committee supports research to 
improve the adoption of available and resilient deployable and 
fixed communication systems to provide first responders with 
continuous emergency communications so they can effectively 
respond to natural disasters and other emergencies. Further, 
the Committee encourages efforts to promote radio systems 
procured by federal, state, and local public safety users are 
interoperable and standards based.
    Forensics Center.--Within the funds provided, the Committee 
encourages S&T to explore launching a National Digital 
Forensics Center for the purposes of safeguarding our nation's 
digital infrastructure and investigating cybercrime.
    Improvised Explosive Devices (IED) Defeat (RAPID) 
Program.--Within the funding provided, the Committee encourages 
S&T to assess IED threats, develop render-safe technologies, 
and ensure a proper transition to first responders with 
appropriate training. Funding should enable the transition of 
these new capabilities to help public safety bomb technicians 
perform their duties safer and faster in direct support of DHS 
components and first responders.
    Intelligent Memory Fabric.--Innovative information 
technology platforms, such as those provided by Intelligent 
Memory Fabric, can help DHS develop deployable, secure, and 
efficient data systems. Within the amounts provided, the 
Committee encourages S&T to explore Intelligent Memory Fabric 
as a modular, scalable, and distributable technology.
    National Biodefense Analysis and Countermeasures Center 
(NBACC).--The Committee recognizes the critical work done by 
NBACC. Within the amount provided, the Committee encourages S&T 
to support the necessary operations funding, as well as 
continue its investments in modernizing the facility's 
infrastructure.
    Next-Generation Biosurveillance Systems.--Within funds 
provided, the Committee encourages S&T to advance research into 
agnostic biodetection capabilities that provide rapid screening 
of large volumes of individuals.
    Port and Maritime Resiliency and Security.--The Committee 
continues to recognize the vast data security threat facing the 
U.S. Maritime/Port sector and the potential consequences of 
cyber intrusions on mission critical infrastructure and 
operations. Within the funds provided, the Committee encourages 
support for the ongoing Port and Maritime Resiliency and 
Security Testbed research program for the design and 
development of tactics, techniques, and procedures for 
effective threat response to critical maritime infrastructure.
    Positioning, Navigation, and Timing (PNT) Services.--The 
Committee remains concerned about the vulnerability of global 
navigation satellite systems and the risk these vulnerabilities 
place on our Nation's critical infrastructure. The Committee 
encourages S&T to continue its work supporting Assured PNT 
systems research and development that informs best practices 
and provide tools to critical infrastructure owners and 
operators on how best to prepare for and protect PNT 
capabilities and electronic systems against an electromagnetic 
pulse, geomagnetic disturbance event, and other threats. The 
Committee notes that other components, including CISA, are 
working on PNT resilience research. The Committee urges S&T to 
coordinate with the other components to ensure no duplication 
of efforts.
    Small Town America Resilience (STAR) Program.--The Small 
Town America Resilience (STAR) Program is designed to help 
enhance the physical security and resilience focus of critical 
infrastructure in underserved communities. Within the funds 
provided, the Committee encourages S&T to support STAR efforts. 
S&T should consider the use of an Other Transaction Agreement 
to expedite development and transition to use of technologies 
that advance small town critical infrastructure community 
security and resilience needs.
    Semiconductor Technology.--Within the funds provided, the 
Committee supports continued advanced research using high 
resolution magnification to improve the detection of potential 
structural defects in emerging semiconductor technologies 
(including microchips, light emitting diodes, batteries, and 
processors) that could allow the unintended manipulation of 
hardware.
    Unmanned Maritime Vessels Research and Development.--Within 
the funds provided, the Committee encourages S&T to leverage 
its partnerships with academic institutions to continue ongoing 
maritime systems and sensor studies for the research, 
development, testing, and evaluation of wind and solar powered 
unmanned maritime vessels with surface and subsurface 
capabilities.
    U.S.-Israel Cybersecurity Cooperation Enhancement 
Program.--The Committee provides $6,000,000 for the U.S.-Israel 
Cybersecurity Cooperation grant program, as authorized by 
section 1551 of the National Defense Authorization Act for 
Fiscal Year 2022, to support cybersecurity research and 
development and demonstration and commercialization of 
cybersecurity technology.
    Voting Technologies and Election Data Security 
Procedures.--The Committee supports research to ensure that 
voting software and hardware is studied and vetted before being 
used during local, state, and federal elections. Consistent 
with prior year direction and within the resources provided, 
S&T is encouraged to fund quality assurance and continuous 
evaluation research on voting technologies and election 
procedures in cooperation with a qualified organization with 
experience performing technical audits of statewide elections 
systems. In consultation and coordination with the Election 
Assistance Commission and CISA, this investment should include 
the development of new tools and training modules to enable 
states and localities to ensure that their election systems are 
secure.

                          University Programs

    The recommendation provides the requested amount for 
University Programs. S&T's University Programs allow for 
cooperation with colleges and universities to address pressing 
homeland security needs. This includes $45,880,000 for the 
Centers of Excellence.
    Cross-Border Threat Screening and Supply Chain Defense.--
The Committee continues to encourage S&T to expand research and 
analysis on cross-border threat screening and supply chain 
defense in support of research on new technologies and 
capabilities, including predictive data analytics, to eliminate 
disruptions to the food and agriculture supply chain, and for 
early detection of public health threats and biothreats.
    Mitigating Biological Risks.--The Committee encourages S&T 
to work with research universities to develop a national 
testing capacity to assess vulnerabilities and mitigate 
biological risks in building air and water handling systems, 
multi-building facilities, and wastewater systems. The 
Committee supports the development of improved standard 
methods, processes, and protocols required for test and 
evaluation field demonstration, as well as operational use 
guidelines or concepts of operation for technologies claiming 
to rapidly assess indoor environments for pathogenic 
contamination.

             Countering Weapons of Mass Destruction Office


 
 
 
Appropriation, fiscal year 2023.......................      $430,972,000
Budget request, fiscal year 2024......................       428,061,000
Recommended in the bill...............................       413,739,000
Bill compared with:
  Appropriation, fiscal year 2023.....................       -17,233,000
  Budget request, fiscal year 2024....................       -14,322,000
 

                                Mission

    The Countering Weapons of Mass Destruction Office (CWMD) 
leads DHS efforts to develop and enhance programs and 
capabilities that defend against chemical, biological, 
radiological, and nuclear threats.

                         OPERATIONS AND SUPPORT

 
 
 
Appropriation, fiscal year 2023.......................      $151,970,000
Budget request, fiscal year 2024......................       164,315,000
Recommended in the bill...............................       164,315,000
Bill compared with:
  Appropriation, fiscal year 2023.....................       +12,345,000
  Budget request, fiscal year 2024....................             - - -
 

    The recommendation includes $806,000, as requested, for 
enhancing SLTT outreach and coordination activities, expanding 
crisis action planning capabilities, and improving operational 
data visualization and reporting. CWMD is directed to brief the 
Committee within 90 days of the date of enactment of this Act 
on its plans to enhance SLTT communication and outreach. Such 
briefing shall also include the frequency with which CWMD 
convenes its partners in each of the threat areas under its 
responsibility.
    The Committee reminds CWMD of the directive in the joint 
explanatory statement accompanying Public Law 117-328 to 
provide a briefing with CBP regarding the requirements for the 
RAPTER program and any related progress. The briefing shall 
also include details of the communication with industry 
stakeholders and a revised development strategy and timelines 
for RAPTER or any follow-on program.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

 
 
 
Appropriation, fiscal year 2023.......................       $75,204,000
Budget request, fiscal year 2024......................        42,338,000
Recommended in the bill...............................        42,338,000
Bill compared with:
  Appropriation, fiscal year 2023.....................       -32,866,000
  Budget request, fiscal year 2024....................             - - -
 

    CWMD is directed to brief the Committee not later than 60 
days after the date of enactment of this Act on the ways in 
which the Radiation Portal Monitor Replacement Program 
addresses the challenges with nuisance alarms.
    The Committee reminds CWMD of the directive found in the 
joint explanatory statement accompanying Public Law 117-328 
under the heading ``Strategic Commercial Seaports.''

                        RESEARCH AND DEVELOPMENT

 
 
 
Appropriation, fiscal year 2023.......................       $64,615,000
Budget request, fiscal year 2024......................        60,938,000
Recommended in the bill...............................        64,201,000
Bill compared with:
  Appropriation, fiscal year 2023.....................          -414,000
  Budget request, fiscal year 2024....................        +3,263,000
 

    CWMD is reminded of the requirement found in House Report 
117-396 under the heading ``Biodetection,'' which was later 
incorporated into the joint explanatory statement accompanying 
Public Law 117-328, regarding the feasibility of incorporating 
Matrix Assisted Laser Desorption and Ionization--Time of Flight 
into CWMD's BioDetection for the Twenty-First Century (BD21) 
effort.
    The Committee remains concerned that the current BioWatch 
program is grossly inadequate to address and respond to 
biological threats in a timely and accurate manner. The 
Committee is further dismayed that the budget request for 
fiscal year 2024 acknowledges the current program has several 
capability gaps, the most significant of which is a prolonged 
event-to-detection timeline. As such, the Committee rejects the 
request for enhancements to the current BioWatch program within 
the Federal Assistance PPA and instead provides an additional 
$3,263,000 for furthering capabilities within the BD21 program. 
CWMD shall provide a spend plan for these resources within 30 
days of the date of enactment of this Act. Emphasis should be 
placed on increasing the number of bio-agents detected; 
reducing the time-to-respond; developing a common operating 
standard for federal, state, and local levels; and structuring 
the infrastructure to allow for evolution as new technologies 
become available to achieve long-term project objectives. 
Within 90 days of the date of enactment of this Act, CWMD shall 
provide an implementation plan, based on the aforementioned 
spend plan, to achieve these objectives over the next five 
fiscal years.

                           FEDERAL ASSISTANCE

 
 
 
Appropriation, fiscal year 2023.......................      $139,183,000
Budget request, fiscal year 2024......................       160,470,000
Recommended in the bill...............................       142,885,000
Bill compared with:
  Appropriation, fiscal year 2023.....................        +3,702,000
  Budget request, fiscal year 2024....................       -17,585,000
 

    The recommendation provides $17,585,000 below the request 
for the BioWatch Threat Based Enhancement.
    The Committee reminds CWMD of the directive in the joint 
explanatory statement accompanying Public Law 117-328 under the 
heading ``Securing the Cities Implementation Plan.''

                  Title IV--Administrative Provisions

    Section 401. The Committee continues a provision allowing 
USCIS to acquire, operate, equip, and dispose of up to five 
vehicles under certain scenarios.
    Section 402. The Committee continues a provision limiting 
the use of A-76 competitions by USCIS.
    Section 403. The Committee continues a provision related to 
the collection and use of biometrics.
    Section 404. The Committee includes a new provision 
prohibiting the use of funds to execute the rule entitled, 
``Procedures or Credible Fear Screening and Consideration of 
Asylum, Withholding of Removal, and CAT Protection Claims by 
Asylum Officers.''
    Section 405. The Committee includes a new provision 
prohibiting the use of funds to provide employment 
authorization documents for certain aliens.
    Section 406. The Committee includes a new provision making 
available additional H-2B visas.
    Section 407. The Committee includes a new provision 
regarding H-2A visas.
    Section 408. The Committee includes a new provision 
allowing the use of not more than $5,000 from fee amounts for 
official reception and representation expenses.
    Section 409. The Committee continues a provision 
authorizing FLETC to distribute funds for incurred training 
expenses.
    Section 410. The Committee continues a provision directing 
the FLETC Accreditation Board to lead the federal law 
enforcement training accreditation process to measure and 
assess federal law enforcement training programs, facilities, 
and instructors.
    Section 411. The Committee continues a provision allowing 
for the acceptance of funding transfers from other government 
agencies for construction of special use facilities.
    Section 412. The Committee continues a provision 
classifying FLETC instructor staff as inherently governmental 
for certain purposes.

                      TITLE V--GENERAL PROVISIONS


                    (INCLUDING RESCISSIONS OF FUNDS)

    Section 501. The Committee continues a provision limiting 
the availability of appropriations to one year unless otherwise 
expressly provided.
    Section 502. The Committee continues a provision providing 
that unexpended balances of prior year appropriations may be 
merged with new appropriation accounts and used for the same 
purpose, subject to reprogramming guidelines.
    Section 503. The Committee continues a provision related to 
reprogramming limitations and transfer authority.
    The Department must notify the Committees on Appropriations 
at least 15 days in advance of each reprogramming of funds that 
would: (1) reduce programs, projects, and activities, or 
personnel, by ten percent or more; or (2) increase a program, 
project, or activity by more than $5,000,000 or ten percent, 
whichever is less.
    The term ``program, project, and activity'' (PPA) is 
defined as each functional category listed under an account 
heading in the funding table at the back of this report, along 
with each funding amount designated for a particular purpose 
within the statement narrative, exclusive of simple references 
to increases or reductions below the budget request. Funding 
for each PPA should not be used for the purposes of any other 
PPA. Within 30 days of the date of enactment of this Act, the 
Department shall submit to the Committees a table delineating 
PPAs subject to section 503 notification requirements.
    For purposes of reprogramming notifications, the creation 
of a new program, project, or activity is defined as any 
significant new activity that has not been explicitly justified 
to the Congress in budget justification material and for which 
funds have not been appropriated by the Congress.
    Limited transfer authority is provided to give the 
Department flexibility in responding to emerging requirements 
and significant changes in circumstances, but is not intended 
to facilitate the implementation of new programs, projects, or 
activities that were not proposed in a formal budget 
submission. Transfers may not reduce accounts by more than five 
percent or augment appropriations by more than ten percent. The 
Department must notify the Committees on Appropriations not 
fewer than 30 days in advance of any transfer. To avoid 
violations of the Anti-Deficiency Act, the Secretary shall 
ensure that any transfer of funds is carried out in compliance 
with the limitations and requirements of section 503(c). In 
particular, the Secretary should ensure that any such transfers 
adhere to the opinion of the Comptroller General's decision in 
the Matter of John D. Webster, Director, Financial Services, 
Library of Congress, dated November 7, 1997, with regard to the 
definition of an appropriation subject to transfer limitations.
    Notifications should provide complete explanations of 
proposed funding reallocations, including detailed 
justifications for increases and offsets; any specific impact 
the proposed changes are expected to have on future-year 
appropriations requirements; a table showing the proposed 
revisions to funding and full-time equivalents (FTE) at the 
account and PPA levels for the current fiscal year; and any 
expected funding and FTE impacts during the budget year.
    The Department shall manage its PPAs within the levels 
appropriated and should only submit reprogramming or transfer 
notifications in cases of unforeseeable and compelling 
circumstances that could not have been predicted when 
formulating the budget request for the current fiscal year. 
When the Department becomes aware of an emerging requirement 
after the President's budget has been submitted to Congress but 
prior to the enactment of a full-year funding Act for the 
budget year, it is incumbent on the Office of the Chief 
Financial Officer to make timely notifications to the 
Committees. When the Department submits a reprogramming or 
transfer notification and does not receive identical responses 
from the House and Senate Committees, it is expected to work 
with the Committees to reconcile the differences before 
proceeding.
    Section 504. The Committee continues a provision, by 
reference, prohibiting funds appropriated or otherwise made 
available to the Department to make payment to the Working 
Capital Fund (WCF), except for activities and amounts allowed 
in the President's fiscal year 2024 budget request.
    Section 505. The Committee continues a provision providing 
that not to exceed 50 percent of unobligated balances remaining 
available at the end of the prior fiscal year for each 
Operations and Support appropriation shall have an additional 
fiscal year of availability, subject to a section 503 
reprogramming notification.
    Section 506. The Committee continues a provision that deems 
intelligence activities to be specifically authorized during 
the current fiscal year until the enactment of an act 
authorizing intelligence activities for the current fiscal 
year.
    Section 507. The Committee continues a provision requiring 
notification to the Committees at least three days before DHS 
executes or announces grant allocations, grant awards, contract 
awards (including contracts covered by the Federal Acquisition 
Regulation), other transaction agreements, letters of intent, a 
task or delivery order on multiple award contracts, or sole-
source grant awards. Notifications shall include a description 
of projects or activities to be funded and their location, 
including city, county, and state.
    Section 508. The Committee continues a provision 
prohibiting all agencies from purchasing, constructing, or 
leasing additional facilities for federal law enforcement 
training without advance notification to the Committees.
    Section 509. The Committee continues a provision 
prohibiting the use of funds for any construction, repair, 
alteration, or acquisition project for which a prospectus, if 
required under chapter 33 of title 40, United States Code, has 
not been approved.
    Section 510. The Committee continues a provision that 
includes and consolidates by reference prior-year statutory 
provisions related to sensitive security information and the 
use of funds in conformance with section 303 of the Energy 
Policy Act of 1992.
    Section 511. The Committee continues a provision 
prohibiting the use of funds in contravention of the Buy 
American Act.
    Section 512. The Committee continues a provision regarding 
the oath of allegiance required by section 337 of the 
Immigration and Nationality Act.
    Section 513. The Committee continues a provision 
prohibiting DHS from using funds in this Act to use 
reorganization authority.
    Section 514. The Committee continues a provision 
prohibiting funds for planning, testing, piloting, or 
developing a national identification card.
    Section 515. The Committee continues a provision directing 
that any official required by this Act to report or certify to 
the Committees on Appropriations may not delegate such 
authority unless expressly authorized to do so in this Act.
    Section 516. The Committee continues a provision 
prohibiting funds in this Act to be used for first-class 
travel.
    Section 517. The Committee continues a provision 
prohibiting the use of funds to employ illegal workers as 
described in section 274A(h)(3) of the Immigration and 
Nationality Act.
    Section 518. The Committee continues a provision 
prohibiting funds appropriated or otherwise made available by 
this Act to pay for award or incentive fees for contractors 
with below satisfactory performance or performance that fails 
to meet the basic requirements of the contract.
    Section 519. The Committee continues a provision requiring 
DHS computer systems to block electronic access to pornography, 
except for law enforcement purposes.
    Section 520. The Committee continues a provision regarding 
the transfer of firearms by federal law enforcement personnel.
    Section 521. The Committee continues a provision regarding 
funding restrictions and reporting requirements related to 
conferences occurring outside of the United States.
    Section 522. The Committee continues a provision 
prohibiting funds to reimburse any federal department or agency 
for its participation in a National Special Security Event.
    Section 523. The Committee continues a provision requiring 
a notification, including justification materials, prior to 
implementing any structural pay reform or instituting a new 
position classification that affects more than 100 full-time 
positions or costs more than $5,000,000.
    Section 524. The Committee continues a provision directing 
the Department to post on a public website reports required by 
the Committees on Appropriations unless public posting 
compromises homeland or national security or contains 
proprietary information.
    Section 525. The Committee continues a provision 
authorizing minor procurement, construction, and improvements 
under ``Operations and Support'' appropriations, as specified.
    Section 526. The Committee continues by reference a 
provision authorizing DHS to use discretionary appropriations 
for the primary and secondary schooling of eligible dependents 
of DHS personnel stationed in areas of U.S. territories that 
meet certain criteria.
    Section 527. The Committee continues a provision regarding 
access to detention facilities by members of Congress or their 
designated staff.
    Section 528. The Committee continues a provision providing 
funding for ``Federal Emergency Management Agency--Federal 
Assistance'' to reimburse extraordinary law enforcement 
personnel overtime costs for protection activities directly and 
demonstrably associated with a residence of the President that 
is designated for protection.
    Section 529. The Committee continues a provision 
prohibiting the use of funds to use restraints on pregnant 
detainees in DHS custody, except in certain circumstances.
    Section 530. The Committee continues a provision 
prohibiting the use of funds for the destruction of records 
related to detainees in custody.
    Section 531. The Committee continues a provision 
prohibiting funds for a Principal Federal Official during a 
declared disaster or emergency under the Stafford Act, with 
certain exceptions.
    Section 532. The Committee continues a provision requiring 
the Under Secretary for Management to submit a component-level 
report on unfunded priorities classified as budget function 
050.
    Section 533. The Committee continues a provision requiring 
notifications when the President designates a former or retired 
federal official or employee for protection and reporting 
regarding the costs of such protection.
    Section 534. The Committee continues a provision requiring 
notifications and reporting on DHS submissions of proposals to 
the Technology Modernization Fund.
    Section 535. The Committee continues a provision requiring 
the identification of discretionary offsets when fee increase 
proposals to support current activities assume the enactment of 
such proposals prior to the beginning of the budget year.
    Section 536. The Committee continues a provision related to 
the Arms Trade Treaty.
    Section 537. The Committee continues a provision 
prohibiting the use of funds related to certain entities 
identified under section 1260H of the William M. (Mac) 
Thornberry National Defense Authorization Act for Fiscal Year 
2021.
    Section 538. The Committee continues a provision 
prohibiting the use of funds for the transfer or release of 
individuals detained at United States Naval Station, Guantanamo 
Bay, Cuba into or within the United States.
    Section 539. The Committee continues and modifies a 
provision directing the Secretary of Homeland Security to 
develop, use, and share estimates of arrivals of migrants at 
the southwest border.
    Section 540. The Committee includes a new provision 
prohibiting the use of funds for a disinformation board at the 
Department or any similar entity that recommends that private 
companies censor U.S. persons' speech on social media platforms 
on the basis of mis-, dis-, or mal-information.
    Section 541. The Committee includes a new provision 
prohibiting the use of funds to establish a COVID-19 vaccine 
mandate for departmental employees.
    Section 542. The Committee includes a new provision 
prohibiting the enforcement of vaccine requirements to enter 
the United States.
    Section 543. The Committee includes a new provision 
prohibiting CISA from classifying the speech of a U.S. person 
as mis-, dis-, or mal-information, or working with 
organizations that recommend social media companies censor the 
speech of U.S. persons on social media platforms.
    Section 544. The Committee includes a new provision 
prohibiting the use of funds to implement the rule entitled, 
``Circumvention of Lawful Pathways.''
    Section 545. The Committee includes a new provision 
prohibiting the use of funds to fund diversity, equity, and 
inclusion Executive Orders, or promote critical race theory.
    Section 546. The Committee includes a new provision 
prohibiting the Secretary from funding outside counsel until he 
obligates the funding for physical barriers, and from preparing 
for or defending against impeachment.
    Section 547. The Committee includes a new provision 
prohibiting the use of funds to purchase, maintain, or operate 
unmanned aircraft systems manufactured in China or another 
country identified as a foreign adversary.
    Section 548. The Committee includes a new provision 
pertaining to the DHS Nonrecurring Expenses Fund.
    Section 549. The Committee includes a new provision 
limiting the frequency of inspections of ICE detention 
facilities.
    Section 550. The Committee includes a new provision 
prohibiting inspections of ICE detention facilities except for 
compliance with the National Detention Standards of 2019.
    Section 551. The Committee includes a new provision 
prohibiting the use of funds to admit Chilean nationals under 
the Visa Waiver Program until DHS is provided access to 
appropriate criminal databases for screening purposes.
    Section 552. The Committee includes a new provision 
prohibiting the use of funds to discriminate against a person 
based on sincerely-held religious beliefs regarding marriage.
    Section 553. The Committee includes a provision rescinding 
unobligated balances from specified sources.
    Section 554. The Committee includes a provision rescinding 
unobligated balances from the Inflation Reduction Act of 2022.
    Section 555. The Committee includes a provision rescinding 
unobligated balances from the DHS Nonrecurring Expenses Fund.
    Section 556. The Committee includes a new provision 
regarding a Spending Reduction Account.

    APPROPRIATIONS CAN BE USED ONLY FOR THE PURPOSES FOR WHICH MADE

    Title 31 of the United States Code makes clear that 
appropriations can be used only for the purposes for which they 
were appropriated as follows:
    Section 1301. Application.
    (a) Appropriations shall be applied only to the objects for 
which the appropriations were made except as otherwise provided 
by law.

              House of Representatives Report Requirements

     The following items are included in accordance with 
various requirements of the Rules of the House of 
Representatives.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

         STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, the following is a statement of 
general performance goals and objectives for which this measure 
authorizes funding:
    The Committee on Appropriations considers program 
performance, including a program's success in developing and 
attaining outcome-related goals and objectives, in developing 
funding recommendations.

                          RESCISSIONS OF FUNDS

    Pursuant to clause 3(f)(2) of rule XIII of the Rules of the 
House of Representatives, the following table is submitted 
describing the rescissions recommended in the accompanying 
bill:

------------------------------------------------------------------------
                  Account / Activity                      Rescissions
------------------------------------------------------------------------
Office of the Secretary and Executive Management--              $800,000
 Operations and Support (70 23/34 0100)..............
Management Directorate--Office of the Chief                    4,100,000
 Information Officer and Operations (70 X 0113)......
U.S. Customs and Border Protection--Procurement,               1,473,000
 Construction, and Improvements (70 X 0532)..........
U.S. Customs and Border Protection--Border Security            1,842,000
 Fencing, Infrastructure, and Technology (70 X 0533).
U.S. Customs and Border Protection--Air and Marine               452,000
 Interdiction, Operations, Maintenance, and
 Procurement (70 X 0544).............................
U.S. Customs and Border Protection--Procurement,           1,159,000,000
 Construction, and Improvements (Public Law 116-93)..
U.S. Customs and Border Protection--Procurement,             945,000,000
 Construction, and Improvements (Public Law 116-260).
U.S. Immigration and Customs Enforcement--Operations           3,000,000
 and Support (70 23/24 0540).........................
U.S. Immigration and Customs Enforcement--Operations           2,092,841
 and Support (70 X 0540).............................
U.S. Immigration and Customs Enforcement--Automation              10,439
 Modernization (70 X 0543)...........................
Transportation Security Administration--Operations           154,515,000
 and Support (Public Law 117-328)....................
Coast Guard--Acquisition, Construction, and                   22,600,000
 Improvements (70 X 0613)............................
Cybersecurity and Infrastructure Security Agency--             3,500,000
 Procurement, Construction, and Improvements (70 23/
 27 0412)............................................
Cybersecurity and Infrastructure Security Agency--             2,000,000
 Research and Development (70 23/24 0805)............
Federal Emergency Management Agency--National                  5,821,000
 Predisaster Mitigation Fund (70 X 0716).............
Federal Law Enforcement Training Centers--                       800,000
 Procurement, Construction, and Improvements (70 20/
 24 0510)............................................
Science and Technology Directorate--Operations and               900,000
 Support (70 X 0800).................................
Countering Weapons of Mass Destruction Office--                  388,522
 Research and Development (70 22/24 0860)............
Countering Weapons of Mass Destruction Office--                   11,478
 Research and Development (70 X 0860)................
Section 70001 of Public Law 117-169..................        312,000,000
Department of Homeland Security Non-recurring                  3,800,000
 Expenses Fund.......................................
------------------------------------------------------------------------

                           TRANSFERS OF FUNDS

     Pursuant to clause 3(f)(2) of rule XIII of the Rules of 
the House of Representatives, the following is submitted 
describing transfers of funds recommended in the accompanying 
bill:
    Neither the bill nor report contain any provisions that 
specifically direct the transfer of funds.

    DISCLOSURE OF EARMARKS AND CONGRESSIONAL DIRECTED SPENDING ITEMS

     The following table is submitted in compliance with clause 
9 of rule XXI and lists the congressional earmarks (as defined 
in paragraph (e) of clause 9) contained in the bill or in this 
report. Neither the bill nor the report contain any limited tax 
benefits or limited tariff benefits as defined in paragraphs 
(f) or (g) of clause 9 of rule XXI.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

          Compliance With Rule XIII, Cl. 3(e) (Ramseyer Rule)

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

          Compliance With Rule XIII, Cl. 3(e) (Ramseyer Rule)

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

                    IMMIGRATION AND NATIONALITY ACT



           *       *       *       *       *       *       *
TITLE II--IMMIGRATION

           *       *       *       *       *       *       *


 Chapter 2--Qualifications for Admission of Aliens; Travel Control of 
Citizens and Aliens

           *       *       *       *       *       *       *


                       admission of nonimmigrants

  Sec. 214. (a)(1) The admission to the United States of any 
alien as a nonimmigrant shall be for such time and under such 
conditions as the Attorney General may by regulations 
prescribe, including when he deems necessary the giving of a 
bond with sufficient surety in such sum and containing such 
conditions as the Attorney General shall prescribe, to insure 
that at the expiration of such time or upon failure to maintain 
the status under which he was admitted, or to maintain any 
status subsequently acquired under section 248, such alien will 
depart from the United States. No alien admitted to Guam or the 
Commonwealth of the Northern Mariana Islands without a visa 
pursuant to section 212(l) may be authorized to enter or stay 
in the United States other than in Guam or the Commonwealth of 
the Northern Mariana Islands or to remain in Guam or the 
Commonwealth of the Northern Mariana Islands for a period 
exceeding 45 days from date of admission to Guam or the 
Commonwealth of the Northern Mariana Islands. No alien admitted 
to the United States without a visa pursuant to section 217 may 
be authorized to remain in the United States as a nonimmigrant 
visitor for a period exceeding 90 days from the date of 
admission.
  (2)(A) The period of authorized status as a nonimmigrant 
described in section 101(a)(15)(O) shall be for such period as 
the Attorney General may specify in order to provide for the 
event (or events) for which the nonimmigrant is admitted.
  (B) The period of authorized status as a nonimmigrant 
described in section 101(a)(15)(P) shall be for such period as 
the Attorney General may specify in order to provide for the 
competition, event, or performance for which the nonimmigrant 
is admitted. In the case of nonimmigrants admitted as 
individual athletes under section 101(a)(15)(P), the period of 
authorized status may be for an initial period (not to exceed 5 
years) during which the nonimmigrant will perform as an athlete 
and such period may be extended by the Attorney General for an 
additional period of up to 5 years.
  (b) Every alien (other than a nonimmigrant described in 
subparagraph (L) or (V) of section 101(a)(15), and other than a 
nonimmigrant described in any provision of section 
101(a)(15)(H)(i) except subclause (b1) of such section) shall 
be presumed to be an immigrant until he establishes to the 
satisfaction of the consular officer, at the time of 
application for a visa, and the immigration officers, at the 
time of application for admission, that he is entitled to a 
nonimmigrant status under section 101(a)(15). An alien who is 
an officer or employee of any foreign government or of any 
international organization entitled to enjoy privileges, 
exemptions, and immunities under the International 
Organizations Immunities Act, or an alien who is the attendant, 
servant, employee, or member of the immediate family of any 
such alien shall not be entitled to apply for or receive an 
immigrant visa, or to enter the United States as an immigrant 
unless he executes a written waiver in the same form and 
substance as is prescribed by section 247(b).
  (c)(1) The question of importing any alien as a nonimmigrant 
under subparagraph (H), (L), (O), or (P)(i) of section 
101(a)(15) (excluding nonimmigrants under section 
101(a)(15)(H)(i)(b1)) in any specific case or specific cases 
shall be determined by the Attorney General, after consultation 
with appropriate agencies of the Government, upon petition of 
the importing employer. Such petition shall be made and 
approved before the visa is granted. The petition shall be in 
such form and contain such information as the Attorney General 
shall prescribe. The approval of such a petition shall not, of 
itself, be construed as establishing that the alien is a 
nonimmigrant. For purposes of this subsection with respect to 
nonimmigrants described in section 101(a)(15)(H)(ii)(a), the 
term ``appropriate agencies of Government'' means the 
Department of Labor and includes the Department of Agriculture. 
The provisions of section 218 shall apply to the question of 
importing any alien as a nonimmigrant under section 
101(a)(15)(H)(ii)(a).
  (2)(A) The Attorney General shall provide for a procedure 
under which an importing employer which meets requirements 
established by the Attorney General may file a blanket petition 
to import aliens as nonimmigrants described in section 
101(a)(15)(L) instead of filing individual petitions under 
paragraph (1) to import such aliens. Such procedure shall 
permit the expedited processing of visas for admission of 
aliens covered under such a petition.
  (B) For purposes of section 101(a)(15)(L), an alien is 
considered to be serving in a capacity involving specialized 
knowledge with respect to a company if the alien has a special 
knowledge of the company product and its application in 
international markets or has an advanced level of knowledge of 
processes and procedures of the company.
  (C) The Attorney General shall provide a process for 
reviewing and acting upon petitions under this subsection with 
respect to nonimmigrants described in section 101(a)(15)(L) 
within 30 days after the date a completed petition has been 
filed.
  (D) The period of authorized admission for--
          (i) a nonimmigrant admitted to render services in a 
        managerial or executive capacity under section 
        101(a)(15)(L) shall not exceed 7 years, or
          (ii) a nonimmigrant admitted to render services in a 
        capacity that involves specialized knowledge under 
        section 101(a)(15)(L) shall not exceed 5 years.
  (E) In the case of an alien spouse admitted under section 
101(a)(15)(L), who is accompanying or following to join a 
principal alien admitted under such section, the Attorney 
General shall authorize the alien spouse to engage in 
employment in the United States and provide the spouse with an 
``employment authorized'' endorsement or other appropriate work 
permit.
  (F) An alien who will serve in a capacity involving 
specialized knowledge with respect to an employer for purposes 
of section 101(a)(15)(L) and will be stationed primarily at the 
worksite of an employer other than the petitioning employer or 
its affiliate, subsidiary, or parent shall not be eligible for 
classification under section 101(a)(15)(L) if--
          (i) the alien will be controlled and supervised 
        principally by such unaffiliated employer; or
          (ii) the placement of the alien at the worksite of 
        the unaffiliated employer is essentially an arrangement 
        to provide labor for hire for the unaffiliated 
        employer, rather than a placement in connection with 
        the provision of a product or service for which 
        specialized knowledge specific to the petitioning 
        employer is necessary.
  (3) The Attorney General shall approve a petition--
          (A) with respect to a nonimmigrant described in 
        section 101(a)(15)(O)(i) only after consultation in 
        accordance with paragraph (6) or, with respect to 
        aliens seeking entry for a motion picture or television 
        production, after consultation with the appropriate 
        union representing the alien's occupational peers and a 
        management organization in the area of the alien's 
        ability, or
          (B) with respect to a nonimmigrant described in 
        section 101(a)(15)(O)(ii) after consultation in 
        accordance with paragraph (6) or, in the case of such 
        an alien seeking entry for a motion picture or 
        television production, after consultation with such a 
        labor organization and a management organization in the 
        area of the alien's ability.
In the case of an alien seeking entry for a motion picture or 
television production, (i) any opinion under the previous 
sentence shall only be advisory, (ii) any such opinion that 
recommends denial must be in writing, (iii) in making the 
decision the Attorney General shall consider the exigencies and 
scheduling of the production, and (iv) the Attorney General 
shall append to the decision any such opinion. The Attorney 
General shall provide by regulation for the waiver of the 
consultation requirement under subparagraph (A) in the case of 
aliens who have been admitted as nonimmigrants under section 
101(a)(15)(O)(i) because of extraordinary ability in the arts 
and who seek readmission to perform similar services within 2 
years after the date of a consultation under such subparagraph. 
Not later than 5 days after the date such a waiver is provided, 
the Attorney General shall forward a copy of the petition and 
all supporting documentation to the national office of an 
appropriate labor organization.
  (4)(A) For purposes of section 101(a)(15)(P)(i)(a), an alien 
is described in this subparagraph if the alien--
          (i)(I) performs as an athlete, individually or as 
        part of a group or team, at an internationally 
        recognized level of performance;
          (II) is a professional athlete, as defined in section 
        204(i)(2);
          (III) performs as an athlete, or as a coach, as part 
        of a team or franchise that is located in the United 
        States and a member of a foreign league or association 
        of 15 or more amateur sports teams, if--
                  (aa) the foreign league or association is the 
                highest level of amateur performance of that 
                sport in the relevant foreign country;
                  (bb) participation in such league or 
                association renders players ineligible, whether 
                on a temporary or permanent basis, to earn a 
                scholarship in, or participate in, that sport 
                at a college or university in the United States 
                under the rules of the National Collegiate 
                Athletic Association; and
                  (cc) a significant number of the individuals 
                who play in such league or association are 
                drafted by a major sports league or a minor 
                league affiliate of such a sports league; or
          (IV) is a professional athlete or amateur athlete who 
        performs individually or as part of a group in a 
        theatrical ice skating production; and
          (ii) seeks to enter the United States temporarily and 
        solely for the purpose of performing--
                  (I) as such an athlete with respect to a 
                specific athletic competition; or
                  (II) in the case of an individual described 
                in clause (i)(IV), in a specific theatrical ice 
                skating production or tour.
  (B)(i) For purposes of section 101(a)(15)(P)(i)(b), an alien 
is described in this subparagraph if the alien--
          (I) performs with or is an integral and essential 
        part of the performance of an entertainment group that 
        has (except as provided in clause (ii)) been recognized 
        internationally as being outstanding in the discipline 
        for a sustained and substantial period of time,
          (II) in the case of a performer or entertainer, 
        except as provided in clause (iii), has had a sustained 
        and substantial relationship with that group 
        (ordinarily for at least one year) and provides 
        functions integral to the performance of the group, and
          (III) seeks to enter the United States temporarily 
        and solely for the purpose of performing as such a 
        performer or entertainer or as an integral and 
        essential part of a performance.
  (ii) In the case of an entertainment group that is recognized 
nationally as being outstanding in its discipline for a 
sustained and substantial period of time, the Attorney General 
may, in consideration of special circumstances, waive the 
international recognition requirement of clause (i)(I).
  (iii)(I) The one-year relationship requirement of clause 
(i)(II) shall not apply to 25 percent of the performers and 
entertainers in a group.
  (II) The Attorney General may waive such one-year 
relationship requirement for an alien who because of illness or 
unanticipated and exigent circumstances replaces an essential 
member of the group and for an alien who augments the group by 
performing a critical role.
  (iv) The requirements of subclauses (I) and (II) of clause 
(i) shall not apply to alien circus personnel who perform as 
part of a circus or circus group or who constitute an integral 
and essential part of the performance of such circus or circus 
group, but only if such personnel are entering the United 
States to join a circus that has been recognized nationally as 
outstanding for a sustained and substantial period of time or 
as part of such a circus.
  (C) A person may petition the Attorney General for 
classification of an alien as a nonimmigrant under section 
101(a)(15)(P).
  (D) The Attorney General shall approve petitions under this 
subsection with respect to nonimmigrants described in clause 
(i) or (iii) of section 101(a)(15)(P) only after consultation 
in accordance with paragraph (6).
  (E) The Attorney General shall approve petitions under this 
subsection for nonimmigrants described in section 
101(a)(15)(P)(ii) only after consultation with labor 
organizations representing artists and entertainers in the 
United States.
  (F)(i) No nonimmigrant visa under section 101(a)(15)(P)(i)(a) 
shall be issued to any alien who is a national of a country 
that is a state sponsor of international terrorism unless the 
Secretary of State determines, in consultation with the 
Secretary of Homeland Security and the heads of other 
appropriate United States agencies, that such alien does not 
pose a threat to the safety, national security, or national 
interest of the United States. In making a determination under 
this subparagraph, the Secretary of State shall apply standards 
developed by the Secretary of State, in consultation with the 
Secretary of Homeland Security and the heads of other 
appropriate United States agencies, that are applicable to the 
nationals of such states.
  (ii) In this subparagraph, the term ``state sponsor of 
international terrorism'' means any country the government of 
which has been determined by the Secretary of State under any 
of the laws specified in clause (iii) to have repeatedly 
provided support for acts of international terrorism.
  (iii) The laws specified in this clause are the following:
          (I) Section 6(j)(1)(A) of the Export Administration 
        Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)) (or 
        successor statute).
          (II) Section 40(d) of the Arms Export Control Act (22 
        U.S.C. 2780(d)).
          (III) Section 620A(a) of the Foreign Assistance Act 
        of 1961 (22 U.S.C. 2371(a)).
  (G) The Secretary of Homeland Security shall permit a 
petition under this subsection to seek classification of more 
than 1 alien as a nonimmigrant under section 
101(a)(15)(P)(i)(a).
  (H) The Secretary of Homeland Security shall permit an 
athlete, or the employer of an athlete, to seek admission to 
the United States for such athlete under a provision of this 
Act other than section 101(a)(15)(P)(i) if the athlete is 
eligible under such other provision.
  (5)(A) In the case of an alien who is provided nonimmigrant 
status under section 101(a)(15)(H)(i)(b) or 
101(a)(15)(H)(ii)(b) and who is dismissed from employment by 
the employer before the end of the period of authorized 
admission, the employer shall be liable for the reasonable 
costs of return transportation of the alien abroad.
  (B) In the case of an alien who is admitted to the United 
States in nonimmigrant status under section 101(a)(15)(O) or 
101(a)(15)(P) and whose employment terminates for reasons other 
than voluntary resignation, the employer whose offer of 
employment formed the basis of such nonimmigrant status and the 
petitioner are jointly and severally liable for the reasonable 
cost of return transportation of the alien abroad. The 
petitioner shall provide assurance satisfactory to the Attorney 
General that the reasonable cost of that transportation will be 
provided.
  (6)(A)(i) To meet the consultation requirement of paragraph 
(3)(A) in the case of a petition for a nonimmigrant described 
in section 101(a)(15)(O)(i) (other than with respect to aliens 
seeking entry for a motion picture or television production), 
the petitioner shall submit with the petition an advisory 
opinion from a peer group (or other person or persons of its 
choosing, which may include a labor organization) with 
expertise in the specific field involved.
  (ii) To meet the consultation requirement of paragraph (3)(B) 
in the case of a petition for a nonimmigrant described in 
section 101(a)(15)(O)(ii) (other than with respect to aliens 
seeking entry for a motion picture or television production), 
the petitioner shall submit with the petition an advisory 
opinion from a labor organization with expertise in the skill 
area involved.
  (iii) To meet the consultation requirement of paragraph 
(4)(D) in the case of a petition for a nonimmigrant described 
in section 101(a)(15)(P)(i) or 101(a)(15)(P)(iii), the 
petitioner shall submit with the petition an advisory opinion 
from a labor organization with expertise in the specific field 
of athletics or entertainment involved.
  (B) To meet the consultation requirements of subparagraph 
(A), unless the petitioner submits with the petition an 
advisory opinion from an appropriate labor organization, the 
Attorney General shall forward a copy of the petition and all 
supporting documentation to the national office of an 
appropriate labor organization within 5 days of the date of 
receipt of the petition. If there is a collective bargaining 
representative of an employer's employees in the occupational 
classification for which the alien is being sought, that 
representative shall be the appropriate labor organization.
  (C) In those cases in which a petitioner described in 
subparagraph (A) establishes that an appropriate peer group 
(including a labor organization) does not exist, the Attorney 
General shall adjudicate the petition without requiring an 
advisory opinion.
  (D) Any person or organization receiving a copy of a petition 
described in subparagraph (A) and supporting documents shall 
have no more than 15 days following the date of receipt of such 
documents within which to submit a written advisory opinion or 
comment or to provide a letter of no objection. Once the 15-day 
period has expired and the petitioner has had an opportunity, 
where appropriate, to supply rebuttal evidence, the Attorney 
General shall adjudicate such petition in no more than 14 days. 
The Attorney General may shorten any specified time period for 
emergency reasons if no unreasonable burden would be thus 
imposed on any participant in the process.
  (E)(i) The Attorney General shall establish by regulation 
expedited consultation procedures in the case of nonimmigrant 
artists or entertainers described in section 101(a)(15)(O) or 
101(a)(15)(P) to accommodate the exigencies and scheduling of a 
given production or event.
  (ii) The Attorney General shall establish by regulation 
expedited consultation procedures in the case of nonimmigrant 
athletes described in section 101(a)(15)(O)(i) or 
101(a)(15)(P)(i) in the case of emergency circumstances 
(including trades during a season).
  (F) No consultation required under this subsection by the 
Attorney General with a nongovernmental entity shall be 
construed as permitting the Attorney General to delegate any 
authority under this subsection to such an entity. The Attorney 
General shall give such weight to advisory opinions provided 
under this section as the Attorney General determines, in his 
sole discretion, to be appropriate.
  (7) If a petition is filed and denied under this subsection, 
the Attorney General shall notify the petitioner of the 
determination and the reasons for the denial and of the process 
by which the petitioner may appeal the determination.
  (8) The Attorney General shall submit annually to the 
Committees on the Judiciary of the House of Representatives and 
of the Senate a report describing, with respect to petitions 
under each subcategory of subparagraphs (H), (O), (P), and (Q) 
of section 101(a)(15) the following:
          (A) The number of such petitions which have been 
        filed.
          (B) The number of such petitions which have been 
        approved and the number of workers (by occupation) 
        included in such approved petitions.
          (C) The number of such petitions which have been 
        denied and the number of workers (by occupation) 
        requested in such denied petitions.
          (D) The number of such petitions which have been 
        withdrawn.
          (E) The number of such petitions which are awaiting 
        final action.
  (9)(A) The Attorney General shall impose a fee on an employer 
(excluding any employer that is a primary or secondary 
education institution, an institution of higher education, as 
defined in section 101(a) of the Higher Education Act of 1965 
(20 U.S.C. 1001(a), a nonprofit entity related to or affiliated 
with any such institution, a nonprofit entity which engages in 
established curriculum-related clinical training of students 
registered at any such institution, a nonprofit research 
organization, or a governmental research organization) filing 
before a petition under paragraph (1)--
          (i) initially to grant an alien nonimmigrant status 
        described in section 101(a)(15)(H)(i)(b);
          (ii) to extend the stay of an alien having such 
        status (unless the employer previously has obtained an 
        extension for such alien); or
          (iii) to obtain authorization for an alien having 
        such status to change employers.
  (B) The amount of the fee shall be $1,500 for each such 
petition except that the fee shall be half the amount for each 
such petition by any employer with not more than 25 full-time 
equivalent employees who are employed in the United States 
(determined by including any affiliate or subsidiary of such 
employer).
  (C) Fees collected under this paragraph shall be deposited in 
the Treasury in accordance with section 286(s).
          (10) An amended H-1B petition shall not be required 
        where the petitioning employer is involved in a 
        corporate restructuring, including but not limited to a 
        merger, acquisition, or consolidation, where a new 
        corporate entity succeeds to the interests and 
        obligations of the original petitioning employer and 
        where the terms and conditions of employment remain the 
        same but for the identity of the petitioner.
  (11)(A) Subject to subparagraph (B), the Secretary of 
Homeland Security or the Secretary of State, as appropriate, 
shall impose a fee on an employer who has filed an attestation 
described in section 212(t)--
          (i) in order that an alien may be initially granted 
        nonimmigrant status described in section 
        101(a)(15)(H)(i)(b1); or
          (ii) in order to satisfy the requirement of the 
        second sentence of subsection (g)(8)(C) for an alien 
        having such status to obtain certain extensions of 
        stay.
  (B) The amount of the fee shall be the same as the amount 
imposed by the Secretary of Homeland Security under paragraph 
(9), except that if such paragraph does not authorize such 
Secretary to impose any fee, no fee shall be imposed under this 
paragraph.
  (C) Fees collected under this paragraph shall be deposited in 
the Treasury in accordance with section 286(s).
  (12)(A) In addition to any other fees authorized by law, the 
Secretary of Homeland Security shall impose a fraud prevention 
and detection fee on an employer filing a petition under 
paragraph (1)--
          (i) initially to grant an alien nonimmigrant status 
        described in subparagraph (H)(i)(b) or (L) of section 
        101(a)(15); or
          (ii) to obtain authorization for an alien having such 
        status to change employers.
  (B) In addition to any other fees authorized by law, the 
Secretary of State shall impose a fraud prevention and 
detection fee on an alien filing an application abroad for a 
visa authorizing admission to the United States as a 
nonimmigrant described in section 101(a)(15)(L), if the alien 
is covered under a blanket petition described in paragraph 
(2)(A).
  (C) The amount of the fee imposed under subparagraph (A) or 
(B) shall be $500.
  (D) The fee imposed under subparagraph (A) or (B) shall only 
apply to principal aliens and not to the spouses or children 
who are accompanying or following to join such principal 
aliens.
  (E) Fees collected under this paragraph shall be deposited in 
the Treasury in accordance with section 286(v).
  (13)(A) In addition to any other fees authorized by law, the 
Secretary of Homeland Security shall impose a fraud prevention 
and detection fee on an employer filing a petition under 
paragraph (1) for nonimmigrant workers described in section 
101(a)(15)(H)(ii)(b).
  (B) The amount of the fee imposed under subparagraph (A) 
shall be $150.
  (14)(A) If the Secretary of Homeland Security finds, after 
notice and an opportunity for a hearing, a substantial failure 
to meet any of the conditions of the petition to admit or 
otherwise provide status to a nonimmigrant worker under section 
101(a)(15)(H)(ii)(b) or a willful misrepresentation of a 
material fact in such petition--
          (i) the Secretary of Homeland Security may, in 
        addition to any other remedy authorized by law, impose 
        such administrative remedies (including civil monetary 
        penalties in an amount not to exceed $10,000 per 
        violation) as the Secretary of Homeland Security 
        determines to be appropriate; and
          (ii) the Secretary of Homeland Security may deny 
        petitions filed with respect to that employer under 
        section 204 or paragraph (1) of this subsection during 
        a period of at least 1 year but not more than 5 years 
        for aliens to be employed by the employer.
  (B) The Secretary of Homeland Security may delegate to the 
Secretary of Labor, with the agreement of the Secretary of 
Labor, any of the authority given to the Secretary of Homeland 
Security under subparagraph (A)(i).
  (C) In determining the level of penalties to be assessed 
under subparagraph (A), the highest penalties shall be reserved 
for willful failures to meet any of the conditions of the 
petition that involve harm to United States workers.
  (D) In this paragraph, the term ``substantial failure'' means 
the willful failure to comply with the requirements of this 
section that constitutes a significant deviation from the terms 
and conditions of a petition.
  (d)(1) A visa shall not be issued under the provisions of 
section 101(a)(15)(K)(i) until the consular officer has 
received a petition filed in the United States by the fiancee 
or fiance of the applying alien and approved by the Secretary 
of Homeland Security. The petition shall be in such form and 
contain such information as the Secretary of Homeland Security 
shall, by regulation, prescribe. Such information shall include 
information on any criminal convictions of the petitioner for 
any specified crime described in paragraph (3)(B) and 
information on any permanent protection or restraining order 
issued against the petitioner related to any specified crime 
described in paragraph (3)(B)(i). It shall be approved only 
after satisfactory evidence is submitted by the petitioner to 
establish that the parties have previously met in person within 
2 years before the date of filing the petition, have a bona 
fide intention to marry, and are legally able and actually 
willing to conclude a valid marriage in the United States 
within a period of ninety days after the alien's arrival, 
except that the Secretary of Homeland Security in his 
discretion may waive the requirement that the parties have 
previously met in person. In the event the marriage with the 
petitioner does not occur within three months after the 
admission of the said alien and minor children, they shall be 
required to depart from the United States and upon failure to 
do so shall be removed in accordance with sections 240 and 241.
  (2)(A) Subject to subparagraphs (B) and (C), the Secretary of 
Homeland Security may not approve a petition under paragraph 
(1) unless the Secretary has verified that--
          (i) the petitioner has not, previous to the pending 
        petition, petitioned under paragraph (1) with respect 
        to two or more applying aliens; and
          (ii) if the petitioner has had such a petition 
        previously approved, 2 years have elapsed since the 
        filing of such previously approved petition.
  (B) The Secretary of Homeland Security may, in the 
Secretary's discretion, waive the limitations in subparagraph 
(A) if justification exists for such a waiver. Except in 
extraordinary circumstances and subject to subparagraph (C), 
such a waiver shall not be granted if the petitioner has a 
record of violent criminal offenses against a person or 
persons.
  (C)(i) The Secretary of Homeland Security is not limited by 
the criminal court record and shall grant a waiver of the 
condition described in the second sentence of subparagraph (B) 
in the case of a petitioner described in clause (ii).
  (ii) A petitioner described in this clause is a petitioner 
who has been battered or subjected to extreme cruelty and who 
is or was not the primary perpetrator of violence in the 
relationship upon a determination that--
          (I) the petitioner was acting in self-defense;
          (II) the petitioner was found to have violated a 
        protection order intended to protect the petitioner; or
          (III) the petitioner committed, was arrested for, was 
        convicted of, or pled guilty to committing a crime that 
        did not result in serious bodily injury and where there 
        was a connection between the crime and the petitioner's 
        having been battered or subjected to extreme cruelty.
  (iii) In acting on applications under this subparagraph, the 
Secretary of Homeland Security shall consider any credible 
evidence relevant to the application. The determination of what 
evidence is credible and the weight to be given that evidence 
shall be within the sole discretion of the Secretary.
  (3) In this subsection:
          (A) The terms ``domestic violence'', ``sexual 
        assault'', ``child abuse and neglect'', ``dating 
        violence'', ``elder abuse'', and ``stalking'' have the 
        meaning given such terms in section 3 of the Violence 
        Against Women and Department of Justice Reauthorization 
        Act of 2005.
          (B) The term ``specified crime'' means the following:
                  (i) Domestic violence, sexual assault, child 
                abuse and neglect, dating violence, elder 
                abuse, stalking, or an attempt to commit any 
                such crime.
                  (ii) Homicide, murder, manslaughter, rape, 
                abusive sexual contact, sexual exploitation, 
                incest, torture, trafficking, peonage, holding 
                hostage, involuntary servitude, slave trade, 
                kidnapping, abduction, unlawful criminal 
                restraint, false imprisonment, or an attempt to 
                commit any of the crimes described in this 
                clause.
                  (iii) At least three convictions for crimes 
                relating to a controlled substance or alcohol 
                not arising from a single act.
  (e)
  (1) An alien who is a citizen of Canada or Mexico, and the 
spouse and children of any such alien if accompanying or 
following to join such alien, who seeks to enter the United 
States under and pursuant to the provisions of Section D of 
Annex 16-A of the USMCA (as defined in section 3 of the United 
States-Mexico-Canada Agreement Implementation Act) to engage in 
business activities at a professional level as provided for in 
such Annex, may be admitted for such purpose under regulations 
of the Attorney General promulgated after consultation with the 
Secretaries of State and Labor. For purposes of this Act, 
including the issuance of entry documents and the application 
of subsection (b), such alien shall be treated as if seeking 
classification, or classifiable, as a nonimmigrant under 
section 101(a)(15). For purposes of this paragraph, the term 
``citizen of Mexico'' means ``citizen'' as defined in article 
16.1 of the USMCA.
  (2) In the case of an alien spouse admitted under section 
101(a)(15)(E), who is accompanying or following to join a 
principal alien admitted under such section, the Attorney 
General shall authorize the alien spouse to engage in 
employment in the United States and provide the spouse with an 
``employment authorized'' endorsement or other appropriate work 
permit.
  (f)(1) Except as provided in paragraph (3), no alien shall be 
entitled to nonimmigrant status described in section 
101(a)(15)(D) if the alien intends to land for the purpose of 
performing service on board a vessel of the United States (as 
defined in section 2101(46) of title 46, United States Code) or 
on an aircraft of an air carrier (as defined in section 
40102(a)(2) of title 49, United States Code) during a labor 
dispute where there is a strike or lockout in the bargaining 
unit of the employer in which the alien intends to perform such 
service.
  (2) An alien described in paragraph (1)--
          (A) may not be paroled into the United States 
        pursuant to section 212(d)(5) unless the Attorney 
        General determines that the parole of such alien is 
        necessary to protect the national security of the 
        United States; and
          (B) shall be considered not to be a bona fide crewman 
        for purposes of section 252(b).
  (3) Paragraph (1) shall not apply to an alien if the air 
carrier or owner or operator of such vessel that employs the 
alien provides documentation that satisfies the Attorney 
General that the alien--
          (A) has been an employee of such employer for a 
        period of not less than 1 year preceding the date that 
        a strike or lawful lockout commenced;
          (B) has served as a qualified crewman for such 
        employer at least once in each of 3 months during the 
        12-month period preceding such date; and
          (C) shall continue to provide the same services that 
        such alien provided as such a crewman.
  (g)(1) The total number of aliens who may be issued visas or 
otherwise provided nonimmigrant status during any fiscal year 
(beginning with fiscal year 1992)--
          (A) under section 101(a)(15)(H)(i)(b), may not 
        exceed--
                  (i) 65,000 in each fiscal year before fiscal 
                year 1999;
                  (ii) 115,000 in fiscal year 1999;
                  (iii) 115,000 in fiscal year 2000;
                  (iv) 195,000 in fiscal year 2001;
                  (v) 195,000 in fiscal year 2002;
                  (vi) 195,000 in fiscal year 2003; and
                  (vii) 65,000 in each succeeding fiscal year; 
                or
          (B) under section 101(a)(15)(H)(ii)(b) may not exceed 
        66,000.
  (2) The numerical limitations of paragraph (1) shall only 
apply to principal aliens and not to the spouses or children of 
such aliens.
  (3) Aliens who are subject to the numerical limitations of 
paragraph (1) shall be issued visas (or otherwise provided 
nonimmigrant status) in the order in which petitions are filed 
for such visas or status. If an alien who was issued a visa or 
otherwise provided nonimmigrant status and counted against the 
numerical limitations of paragraph (1) is found to have been 
issued such visa or otherwise provided such status by fraud or 
willfully misrepresenting a material fact and such visa or 
nonimmigrant status is revoked, then one number shall be 
restored to the total number of aliens who may be issued visas 
or otherwise provided such status under the numerical 
limitations of paragraph (1) in the fiscal year in which the 
petition is revoked, regardless of the fiscal year in which the 
petition was approved.
  (4) In the case of a nonimmigrant described in section 
101(a)(15)(H)(i)(b), the period of authorized admission as such 
a nonimmigrant may not exceed 6 years.
  (5) The numerical limitations contained in paragraph (1)(A) 
shall not apply to any nonimmigrant alien issued a visa or 
otherwise provided status under section 101(a)(15)(H)(i)(b) 
who--
          (A) is employed (or has received an offer of 
        employment) at an institution of higher education (as 
        defined in section 101(a) of the Higher Education Act 
        of 1965 (20 U.S.C. 1001(a))), or a related or 
        affiliated nonprofit entity;
          (B) is employed (or has received an offer of 
        employment) at a nonprofit research organization or a 
        governmental research organization; or
          (C) has earned a master's or higher degree from a 
        United States institution of higher education (as 
        defined in section 101(a) of the Higher Education Act 
        of 1965 (20 U.S.C. 1001(a)), until the number of aliens 
        who are exempted from such numerical limitation during 
        such year exceeds 20,000.
  (6) Any alien who ceases to be employed by an employer 
described in paragraph (5)(A) shall, if employed as a 
nonimmigrant alien described in section 101(a)(15)(H)(i)(b), 
who has not previously been counted toward the numerical 
limitations contained in paragraph (1)(A), be counted toward 
those limitations the first time the alien is employed by an 
employer other than one described in paragraph (5).
  (7) Any alien who has already been counted, within the 6 
years prior to the approval of a petition described in 
subsection (c), toward the numerical limitations of paragraph 
(1)(A) shall not again be counted toward those limitations 
unless the alien would be eligible for a full 6 years of 
authorized admission at the time the petition is filed. Where 
multiple petitions are approved for 1 alien, that alien shall 
be counted only once.
  (8)(A) The agreements referred to in section 
101(a)(15)(H)(i)(b1) are--
          (i) the United States-Chile Free Trade Agreement; and
          (ii) the United States-Singapore Free Trade 
        Agreement.
  (B)(i) The Secretary of Homeland Security shall establish 
annual numerical limitations on approvals of initial 
applications by aliens for admission under section 
101(a)(15)(H)(i)(b1).
  (ii) The annual numerical limitations described in clause (i) 
shall not exceed--
          (I) 1,400 for nationals of Chile (as defined in 
        article 14.9 of the United States-Chile Free Trade 
        Agreement) for any fiscal year; and
          (II) 5,400 for nationals of Singapore (as defined in 
        Annex 1A of the United States-Singapore Free Trade 
        Agreement) for any fiscal year.
  (iii) The annual numerical limitations described in clause 
(i) shall only apply to principal aliens and not to the spouses 
or children of such aliens.
  (iv) The annual numerical limitation described in paragraph 
(1)(A) is reduced by the amount of the annual numerical 
limitations established under clause (i). However, if a 
numerical limitation established under clause (i) has not been 
exhausted at the end of a given fiscal year, the Secretary of 
Homeland Security shall adjust upwards the numerical limitation 
in paragraph (1)(A) for that fiscal year by the amount 
remaining in the numerical limitation under clause (i). Visas 
under section 101(a)(15)(H)(i)(b) may be issued pursuant to 
such adjustment within the first 45 days of the next fiscal 
year to aliens who had applied for such visas during the fiscal 
year for which the adjustment was made.
  (C) The period of authorized admission as a nonimmigrant 
under section 101(a)(15)(H)(i)(b1) shall be 1 year, and may be 
extended, but only in 1-year increments. After every second 
extension, the next following extension shall not be granted 
unless the Secretary of Labor had determined and certified to 
the Secretary of Homeland Security and the Secretary of State 
that the intending employer has filed with the Secretary of 
Labor an attestation under section 212(t)(1) for the purpose of 
permitting the nonimmigrant to obtain such extension.
  (D) The numerical limitation described in paragraph (1)(A) 
for a fiscal year shall be reduced by one for each alien 
granted an extension under subparagraph (C) during such year 
who has obtained 5 or more consecutive prior extensions.
  (9)(A) [Subject to subparagraphs (B) and (C), an alien who 
has already been counted toward the numerical limitation of 
paragraph (1)(B) during fiscal year 2013, 2014, or 2015 shall 
not again be counted toward such limitation during fiscal year 
2016. Such an alien shall be considered a returning worker.] 
Subject to subparagraphs (B) and (C), an alien shall be 
considered a returning worker and shall not again be counted 
toward the numerical limitation of paragraph (1)(B) during 
fiscal year 2024 if such alien has already been counted toward 
such numerical limitation during any of the 3 preceding fiscal 
years. 
  (B) A petition to admit or otherwise provide status under 
section 101(a)(15)(H)(ii)(b) shall include, with respect to a 
returning worker--
          (i) all information and evidence that the Secretary 
        of Homeland Security determines is required to support 
        a petition for status under section 
        101(a)(15)(H)(ii)(b);
          (ii) the full name of the alien; and
          (iii) a certification to the Department of Homeland 
        Security that the alien is a returning worker.
  (C) An H-2B visa or grant of nonimmigrant status for a 
returning worker shall be approved only if the alien is 
confirmed to be a returning worker by--
          (i) the Department of State; or
          (ii) if the alien is visa exempt or seeking to change 
        to status under section 101 (a)(15)(H)(ii)(b), the 
        Department of Homeland Security.
  (10) The numerical limitations of paragraph (1)(B) shall be 
allocated for a fiscal year so that the total number of aliens 
subject to such numerical limits who enter the United States 
pursuant to a visa or are accorded nonimmigrant status under 
section 101(a)(15)(H)(ii)(b) during the first 6 months of such 
fiscal year is not more than 33,000.
  (11)(A) The Secretary of State may not approve a number of 
initial applications submitted for aliens described in section 
101(a)(15)(E)(iii) that is more than the applicable numerical 
limitation set out in this paragraph.
  (B) The applicable numerical limitation referred to in 
subparagraph (A) is 10,500 for each fiscal year.
  (C) The applicable numerical limitation referred to in 
subparagraph (A) shall only apply to principal aliens and not 
to the spouses or children of such aliens.
  (h) The fact that an alien is the beneficiary of an 
application for a preference status filed under section 204 or 
has otherwise sought permanent residence in the United States 
shall not constitute evidence of an intention to abandon a 
foreign residence for purposes of obtaining a visa as a 
nonimmigrant described in subparagraph (H)(i)(b) or (c), (L), 
or (V) of section 101(a)(15) or otherwise obtaining or 
maintaining the status of a nonimmigrant described in such 
subparagraph, if the alien had obtained a change of status 
under section 248 to a classification as such a nonimmigrant 
before the alien's most recent departure from the United 
States.
  (i)(1) Except as provided in paragraph (3), for purposes of 
section 101(a)(15)(H)(i)(b), section 101(a)(15)(E)(iii), and 
paragraph (2), the term ``specialty occupation'' means an 
occupation that requires--
          (A) theoretical and practical application of a body 
        of highly specialized knowledge, and
          (B) attainment of a bachelor's or higher degree in 
        the specific specialty (or its equivalent) as a minimum 
        for entry into the occupation in the United States.
  (2) For purposes of section 101(a)(15)(H)(i)(b), the 
requirements of this paragraph, with respect to a specialty 
occupation, are--
          (A) full state licensure to practice in the 
        occupation, if such licensure is required to practice 
        in the occupation,
          (B) completion of the degree described in paragraph 
        (1)(B) for the occupation, or
          (C)(i) experience in the specialty equivalent to the 
        completion of such degree, and (ii) recognition of 
        expertise in the specialty through progressively 
        responsible positions relating to the specialty.
  (3) For purposes of section 101(a)(15)(H)(i)(b1), the term 
``specialty occupation'' means an occupation that requires--
          (A) theoretical and practical application of a body 
        of specialized knowledge; and
          (B) attainment of a bachelor's or higher degree in 
        the specific specialty (or its equivalent) as a minimum 
        for entry into the occupation in the United States.
  (j)
          (1) Notwithstanding any other provision of this Act, 
        an alien who is a citizen of Canada or Mexico who seeks 
        to enter the United States under and pursuant to the 
        provisions of Section B, Section C, or Section D of 
        Annex 16-A of the USMCA (as defined in section 3 of the 
        United States-Mexico-Canada Agreement Implementation 
        Act), shall not be classified as a nonimmigrant under 
        such provisions if there is in progress a strike or 
        lockout in the course of a labor dispute in the 
        occupational classification at the place or intended 
        place of employment, unless such alien establishes, 
        pursuant to regulations promulgated by the Attorney 
        General, that the alien's entry will not affect 
        adversely the settlement of the strike or lockout or 
        the employment of any person who is involved in the 
        strike or lockout. Notice of a determination under this 
        paragraph shall be given as may be required by 
        paragraph 3 of article 16.4 of the USMCA. For purposes 
        of this paragraph, the term ``citizen of Mexico'' means 
        ``citizen'' as defined in article 16.1 of the USMCA.
  (2) Notwithstanding any other provision of this Act except 
section 212(t)(1), and subject to regulations promulgated by 
the Secretary of Homeland Security, an alien who seeks to enter 
the United States under and pursuant to the provisions of an 
agreement listed in subsection (g)(8)(A), and the spouse and 
children of such an alien if accompanying or following to join 
the alien, may be denied admission as a nonimmigrant under 
subparagraph (E), (L), or (H)(i)(b1) of section 101(a)(15) if 
there is in progress a labor dispute in the occupational 
classification at the place or intended place of employment, 
unless such alien establishes, pursuant to regulations 
promulgated by the Secretary of Homeland Security after 
consultation with the Secretary of Labor, that the alien's 
entry will not affect adversely the settlement of the labor 
dispute or the employment of any person who is involved in the 
labor dispute. Notice of a determination under this paragraph 
shall be given as may be required by such agreement.
  (k)(1) The number of aliens who may be provided a visa as 
nonimmigrants under section 101(a)(15)(S)(i) in any fiscal year 
may not exceed 200. The number of aliens who may be provided a 
visa as nonimmigrants under section 101(a)(15)(S)(ii) in any 
fiscal year may not exceed 50.
  (2) The period of admission of an alien as such a 
nonimmigrant may not exceed 3 years. Such period may not be 
extended by the Attorney General.
  (3) As a condition for the admission, and continued stay in 
lawful status, of such a nonimmigrant, the nonimmigrant--
          (A) shall report not less often than quarterly to the 
        Attorney General such information concerning the 
        alien's whereabouts and activities as the Attorney 
        General may require;
          (B) may not be convicted of any criminal offense 
        punishable by a term of imprisonment of 1 year or more 
        after the date of such admission;
          (C) must have executed a form that waives the 
        nonimmigrant's right to contest, other than on the 
        basis of an application for withholding of removal, any 
        action for removal of the alien instituted before the 
        alien obtains lawful permanent resident status; and
          (D) shall abide by any other condition, limitation, 
        or restriction imposed by the Attorney General.
  (4) The Attorney General shall submit a report annually to 
the Committee on the Judiciary of the House of Representatives 
and the Committee on the Judiciary of the Senate concerning--
          (A) the number of such nonimmigrants admitted;
          (B) the number of successful criminal prosecutions or 
        investigations resulting from cooperation of such 
        aliens;
          (C) the number of terrorist acts prevented or 
        frustrated resulting from cooperation of such aliens;
          (D) the number of such nonimmigrants whose admission 
        or cooperation has not resulted in successful criminal 
        prosecution or investigation or the prevention or 
        frustration of a terrorist act; and
          (E) the number of such nonimmigrants who have failed 
        to report quarterly (as required under paragraph (3)) 
        or who have been convicted of crimes in the United 
        States after the date of their admission as such a 
        nonimmigrant.
  (l)(1) In the case of a request by an interested State 
agency, or by an interested Federal agency, for a waiver of the 
2-year foreign residence requirement under section 212(e) on 
behalf of an alien described in clause (iii) of such section, 
the Attorney General shall not grant such waiver unless--
          (A) in the case of an alien who is otherwise 
        contractually obligated to return to a foreign country, 
        the government of such country furnishes the Director 
        of the United States Information Agency with a 
        statement in writing that it has no objection to such 
        waiver;
          (B) in the case of a request by an interested State 
        agency, the grant of such waiver would not cause the 
        number of waivers allotted for that State for that 
        fiscal year to exceed 30;
          (C) in the case of a request by an interested Federal 
        agency or by an interested State agency--
                  (i) the alien demonstrates a bona fide offer 
                of full-time employment at a health facility or 
                health care organization, which employment has 
                been determined by the Attorney General to be 
                in the public interest; and
                  (ii) the alien agrees to begin employment 
                with the health facility or health care 
                organization within 90 days of receiving such 
                waiver, and agrees to continue to work for a 
                total of not less than 3 years (unless the 
                Attorney General determines that extenuating 
                circumstances exist, such as closure of the 
                facility or hardship to the alien, which would 
                justify a lesser period of employment at such 
                health facility or health care organization, in 
                which case the alien must demonstrate another 
                bona fide offer of employment at a health 
                facility or health care organization for the 
                remainder of such 3-year period); and
          (D) in the case of a request by an interested Federal 
        agency (other than a request by an interested Federal 
        agency to employ the alien full-time in medical 
        research or training) or by an interested State agency, 
        the alien agrees to practice primary care or specialty 
        medicine in accordance with paragraph (2) for a total 
        of not less than 3 years only in the geographic area or 
        areas which are designated by the Secretary of Health 
        and Human Services as having a shortage of health care 
        professionals, except that--
                  (i) in the case of a request by the 
                Department of Veterans Affairs, the alien shall 
                not be required to practice medicine in a 
                geographic area designated by the Secretary;
                  (ii) in the case of a request by an 
                interested State agency, the head of such State 
                agency determines that the alien is to practice 
                medicine under such agreement in a facility 
                that serves patients who reside in one or more 
                geographic areas so designated by the Secretary 
                of Health and Human Services (without regard to 
                whether such facility is located within such a 
                designated geographic area), and the grant of 
                such waiver would not cause the number of the 
                waivers granted on behalf of aliens for such 
                State for a fiscal year (within the limitation 
                in subparagraph (B)) in accordance with the 
                conditions of this clause to exceed 10; and
                  (iii) in the case of a request by an 
                interested Federal agency or by an interested 
                State agency for a waiver for an alien who 
                agrees to practice specialty medicine in a 
                facility located in a geographic area so 
                designated by the Secretary of Health and Human 
                Services, the request shall demonstrate, based 
                on criteria established by such agency, that 
                there is a shortage of health care 
                professionals able to provide services in the 
                appropriate medical specialty to the patients 
                who will be served by the alien.
          (2)(A) Notwithstanding section 248(a)(2), the 
        Attorney General may change the status of an alien who 
        qualifies under this subsection and section 212(e) to 
        that of an alien described in section 
        101(a)(15)(H)(i)(b). The numerical limitations 
        contained in subsection (g)(1)(A) shall not apply to 
        any alien whose status is changed under the preceding 
        sentence, if the alien obtained a waiver of the 2-year 
        foreign residence requirement upon a request by an 
        interested Federal agency or an interested State 
        agency.
          (B) No person who has obtained a change of status 
        under subparagraph (A) and who has failed to fulfill 
        the terms of the contract with the health facility or 
        health care organization named in the waiver 
        application shall be eligible to apply for an immigrant 
        visa, for permanent residence, or for any other change 
        of nonimmigrant status, until it is established that 
        such person has resided and been physically present in 
        the country of his nationality or his last residence 
        for an aggregate of at least 2 years following 
        departure from the United States.
          (3) Notwithstanding any other provision of this 
        subsection, the 2-year foreign residence requirement 
        under section 212(e) shall apply with respect to an 
        alien described in clause (iii) of such section, who 
        has not otherwise been accorded status under section 
        101(a)(27)(H), if--
                  (A) at any time the alien ceases to comply 
                with any agreement entered into under 
                subparagraph (C) or (D) of paragraph (1); or
                  (B) the alien's employment ceases to benefit 
                the public interest at any time during the 3-
                year period described in paragraph (1)(C).
  (m)(1) An alien may not be accorded status as a nonimmigrant 
under clause (i) or (iii) of section 101(a)(15)(F) in order to 
pursue a course of study--
          (A) at a public elementary school or in a publicly 
        funded adult education program; or
          (B) at a public secondary school unless--
                  (i) the aggregate period of such status at 
                such a school does not exceed 12 months with 
                respect to any alien, and (ii) the alien 
                demonstrates that the alien has reimbursed the 
                local educational agency that administers the 
                school for the full, unsubsidized per capita 
                cost of providing education at such school for 
                the period of the alien's attendance.
  (2) An alien who obtains the status of a nonimmigrant under 
clause (i) or (iii) of section 101(a)(15)(F) in order to pursue 
a course of study at a private elementary or secondary school 
or in a language training program that is not publicly funded 
shall be considered to have violated such status, and the 
alien's visa under section 101(a)(15)(F) shall be void, if the 
alien terminates or abandons such course of study at such a 
school and undertakes a course of study at a public elementary 
school, in a publicly funded adult education program, in a 
publicly funded adult education language training program, or 
at a public secondary school (unless the requirements of 
paragraph (1)(B) are met).
  (n)(1) A nonimmigrant alien described in paragraph (2) who 
was previously issued a visa or otherwise provided nonimmigrant 
status under section 101(a)(15)(H)(i)(b) is authorized to 
accept new employment upon the filing by the prospective 
employer of a new petition on behalf of such nonimmigrant as 
provided under subsection (a). Employment authorization shall 
continue for such alien until the new petition is adjudicated. 
If the new petition is denied, such authorization shall cease.
  (2) A nonimmigrant alien described in this paragraph is a 
nonimmigrant alien--
          (A) who has been lawfully admitted into the United 
        States;
          (B) on whose behalf an employer has filed a 
        nonfrivolous petition for new employment before the 
        date of expiration of the period of stay authorized by 
        the Attorney General; and
          (C) who, subsequent to such lawful admission, has not 
        been employed without authorization in the United 
        States before the filing of such petition.
  (o)(1) No alien shall be eligible for admission to the United 
States under section 101(a)(15)(T) if there is substantial 
reason to believe that the alien has committed an act of a 
severe form of trafficking in persons (as defined in section 
103 of the Trafficking Victims Protection Act of 2000).
  (2) The total number of aliens who may be issued visas or 
otherwise provided nonimmigrant status during any fiscal year 
under section 101(a)(15)(T) may not exceed 5,000.
  (3) The numerical limitation of paragraph (2) shall only 
apply to principal aliens and not to the spouses, sons, 
daughters, siblings, or parents of such aliens.
  (4) An unmarried alien who seeks to accompany, or follow to 
join, a parent granted status under section 101(a)(15)(T)(i), 
and who was under 21 years of age on the date on which such 
parent applied for such status, shall continue to be classified 
as a child for purposes of section 101(a)(15)(T)(ii), if the 
alien attains 21 years of age after such parent's application 
was filed but while it was pending.
  (5) An alien described in clause (i) of section 101(a)(15)(T) 
shall continue to be treated as an alien described in clause 
(ii)(I) of such section if the alien attains 21 years of age 
after the alien's application for status under such clause (i) 
is filed but while it is pending.
  (6) In making a determination under section 
101(a)(15)(T)(i)(III)(aa) with respect to an alien, statements 
from State and local law enforcement officials that the alien 
has complied with any reasonable request for assistance in the 
investigation or prosecution of crimes such as kidnapping, 
rape, slavery, or other forced labor offenses, where severe 
forms of trafficking in persons (as defined in section 103 of 
the Trafficking Victims Protection Act of 2000) appear to have 
been involved, shall be considered.
  (7)(A) Except as provided in subparagraph (B), an alien who 
is issued a visa or otherwise provided nonimmigrant status 
under section 101(a)(15)(T) may be granted such status for a 
period of not more than 4 years.
  (B) An alien who is issued a visa or otherwise provided 
nonimmigrant status under section 101(a)(15)(T) may extend the 
period of such status beyond the period described in 
subparagraph (A) if--
          (i) a Federal, State, or local law enforcement 
        official, prosecutor, judge, or other authority 
        investigating or prosecuting activity relating to human 
        trafficking or certifies that the presence of the alien 
        in the United States is necessary to assist in the 
        investigation or prosecution of such activity;
          (ii) the alien is eligible for relief under section 
        245(l) and is unable to obtain such relief because 
        regulations have not been issued to implement such 
        section; or
          (iii) the Secretary of Homeland Security determines 
        that an extension of the period of such nonimmigrant 
        status is warranted due to exceptional circumstances.
  (C) Nonimmigrant status under section 101(a)(15)(T) shall be 
extended during the pendency of an application for adjustment 
of status under section 245(l).
  (p) Requirements Applicable to Section 101(a)(15)(U) Visas.--
          (1) Petitioning procedures for section 101(a)(15)(u) 
        visas.--The petition filed by an alien under section 
        101(a)(15)(U)(i) shall contain a certification from a 
        Federal, State, or local law enforcement official, 
        prosecutor, judge, or other Federal, State, or local 
        authority investigating criminal activity described in 
        section 101(a)(15)(U)(iii). This certification may also 
        be provided by an official of the Service whose ability 
        to provide such certification is not limited to 
        information concerning immigration violations. This 
        certification shall state that the alien ``has been 
        helpful, is being helpful, or is likely to be helpful'' 
        in the investigation or prosecution of criminal 
        activity described in section 101(a)(15)(U)(iii).
          (2) Numerical limitations.--
                  (A) The number of aliens who may be issued 
                visas or otherwise provided status as 
                nonimmigrants under section 101(a)(15)(U) in 
                any fiscal year shall not exceed 10,000.
                  (B) The numerical limitations in subparagraph 
                (A) shall only apply to principal aliens 
                described in section 101(a)(15)(U)(i), and not 
                to spouses, children, or, in the case of alien 
                children, the alien parents of such children.
          (3) Duties of the attorney general with respect to 
        ``u'' visa nonimmigrants.--With respect to nonimmigrant 
        aliens described in subsection (a)(15)(U)--
                  (A) the Attorney General and other government 
                officials, where appropriate, shall provide 
                those aliens with referrals to nongovernmental 
                organizations to advise the aliens regarding 
                their options while in the United States and 
                the resources available to them; and
                  (B) the Attorney General shall, during the 
                period those aliens are in lawful temporary 
                resident status under that subsection, provide 
                the aliens with employment authorization.
          (4) Credible evidence considered.--In acting on any 
        petition filed under this subsection, the consular 
        officer or the Attorney General, as appropriate, shall 
        consider any credible evidence relevant to the 
        petition.
          (5) Nonexclusive relief.--Nothing in this subsection 
        limits the ability of aliens who qualify for status 
        under section 101(a)(15)(U) to seek any other 
        immigration benefit or status for which the alien may 
        be eligible.
          (6) Duration of status.--The authorized period of 
        status of an alien as a nonimmigrant under section 
        101(a)(15)(U) shall be for a period of not more than 4 
        years, but shall be extended upon certification from a 
        Federal, State, or local law enforcement official, 
        prosecutor, judge, or other Federal, State, or local 
        authority investigating or prosecuting criminal 
        activity described in section 101(a)(15)(U)(iii) that 
        the alien's presence in the United States is required 
        to assist in the investigation or prosecution of such 
        criminal activity. The Secretary of Homeland Security 
        may extend, beyond the 4-year period authorized under 
        this section, the authorized period of status of an 
        alien as a nonimmigrant under section 101(a)(15)(U) if 
        the Secretary determines that an extension of such 
        period is warranted due to exceptional circumstances. 
        Such alien's nonimmigrant status shall be extended 
        beyond the 4-year period authorized under this section 
        if the alien is eligible for relief under section 
        245(m) and is unable to obtain such relief because 
        regulations have not been issued to implement such 
        section and shall be extended during the pendency of an 
        application for adjustment of status under section 
        245(m). The Secretary may grant work authorization to 
        any alien who has a pending, bona fide application for 
        nonimmigrant status under section 101(a)(15)(U).
          (7) Age determinations.--
                  (A) Children.--An unmarried alien who seeks 
                to accompany, or follow to join, a parent 
                granted status under section 101(a)(15)(U)(i), 
                and who was under 21 years of age on the date 
                on which such parent petitioned for such 
                status, shall continue to be classified as a 
                child for purposes of section 
                101(a)(15)(U)(ii), if the alien attains 21 
                years of age after such parent's petition was 
                filed but while it was pending.
                  (B) Principal aliens.--An alien described in 
                clause (i) of section 101(a)(15)(U) shall 
                continue to be treated as an alien described in 
                clause (ii)(I) of such section if the alien 
                attains 21 years of age after the alien's 
                application for status under such clause (i) is 
                filed but while it is pending.
  (q)(1) In the case of a nonimmigrant described in section 
101(a)(15)(V)--
          (A) the Attorney General shall authorize the alien to 
        engage in employment in the United States during the 
        period of authorized admission and shall provide the 
        alien with an ``employment authorized'' endorsement or 
        other appropriate document signifying authorization of 
        employment; and
          (B) the period of authorized admission as such a 
        nonimmigrant shall terminate 30 days after the date on 
        which any of the following is denied:
                  (i) The petition filed under section 204 to 
                accord the alien a status under section 
                203(a)(2)(A) (or, in the case of a child 
                granted nonimmigrant status based on 
                eligibility to receive a visa under section 
                203(d), the petition filed to accord the 
                child's parent a status under section 
                203(a)(2)(A)).
                  (ii) The alien's application for an immigrant 
                visa pursuant to the approval of such petition.
                  (iii) The alien's application for adjustment 
                of status under section 245 pursuant to the 
                approval of such petition.
  (2) In determining whether an alien is eligible to be 
admitted to the United States as a nonimmigrant under section 
101(a)(15)(V), the grounds for inadmissibility specified in 
section 212(a)(9)(B) shall not apply.
  (3) The status of an alien physically present in the United 
States may be adjusted by the Attorney General, in the 
discretion of the Attorney General and under such regulations 
as the Attorney General may prescribe, to that of a 
nonimmigrant under section 101(a)(15)(V), if the alien--
          (A) applies for such adjustment;
          (B) satisfies the requirements of such section; and
          (C) is eligible to be admitted to the United States, 
        except in determining such admissibility, the grounds 
        for inadmissibility specified in paragraphs (6)(A), 
        (7), and (9)(B) of section 212(a) shall not apply.
  (r)(1) A visa shall not be issued under the provisions of 
section 101(a)(15)(K)(ii) until the consular officer has 
received a petition filed in the United States by the spouse of 
the applying alien and approved by the Attorney General. The 
petition shall be in such form and contain such information as 
the Attorney General shall, by regulation, prescribe. Such 
information shall include information on any criminal 
convictions of the petitioner for any specified crime described 
in paragraph (5)(B) and information on any permanent protection 
or restraining order issued against the petitioner related to 
any specified crime described in subsection (5)(B)(i).
  (2) In the case of an alien seeking admission under section 
101(a)(15)(K)(ii) who concluded a marriage with a citizen of 
the United States outside the United States, the alien shall be 
considered inadmissible under section 212(a)(7)(B) if the alien 
is not at the time of application for admission in possession 
of a valid nonimmigrant visa issued by a consular officer in 
the foreign state in which the marriage was concluded.
  (3) In the case of a nonimmigrant described in section 
101(a)(15)(K)(ii), and any child of such a nonimmigrant who was 
admitted as accompanying, or following to join, such a 
nonimmigrant, the period of authorized admission shall 
terminate 30 days after the date on which any of the following 
is denied:
          (A) The petition filed under section 204 to accord 
        the principal alien status under section 
        201(b)(2)(A)(i).
          (B) The principal alien's application for an 
        immigrant visa pursuant to the approval of such 
        petition.
          (C) The principal alien's application for adjustment 
        of status under section 245 pursuant to the approval of 
        such petition.
  (4)(A) The Secretary of Homeland Security shall create a 
database for the purpose of tracking multiple visa petitions 
filed for fiance(e)s and spouses under clauses (i) and (ii) of 
section 101(a)(15)(K). Upon approval of a second visa petition 
under section 101(a)(15)(K) for a fiance(e) or spouse filed by 
the same United States citizen petitioner, the petitioner shall 
be notified by the Secretary that information concerning the 
petitioner has been entered into the multiple visa petition 
tracking database. All subsequent fiance(e) or spouse 
nonimmigrant visa petitions filed by that petitioner under such 
section shall be entered in the database.
  (B)(i) Once a petitioner has had two fiance(e) or spousal 
petitions approved under clause (i) or (ii) of section 
101(a)(15)(K), if a subsequent petition is filed under such 
section less than 10 years after the date the first visa 
petition was filed under such section, the Secretary of 
Homeland Security shall notify both the petitioner and 
beneficiary of any such subsequent petition about the number of 
previously approved fiance(e) or spousal petitions listed in 
the database.
  (ii) To notify the beneficiary as required by clause (i), the 
Secretary of Homeland Security shall provide such notice to the 
Secretary of State for inclusion in the mailing to the 
beneficiary described in section 833(a)(5)(A)(i) of the 
International Marriage Broker Regulation Act of 2005 (8 U.S.C. 
1375a(a)(5)(A)(i)).
  (5) In this subsection:
          (A) The terms ``domestic violence'', ``sexual 
        assault'', ``child abuse and neglect'', ``dating 
        violence'', ``elder abuse'', and ``stalking'' have the 
        meaning given such terms in section 3 of the Violence 
        Against Women and Department of Justice Reauthorization 
        Act of 2005.
          (B) The term ``specified crime'' means the following:
                  (i) Domestic violence, sexual assault, child 
                abuse and neglect, dating violence, elder 
                abuse, stalking, or an attempt to commit any 
                such crime.
                  (ii) Homicide, murder, manslaughter, rape, 
                abusive sexual contact, sexual exploitation, 
                incest, torture, trafficking, peonage, holding 
                hostage, involuntary servitude, slave trade, 
                kidnapping, abduction, unlawful criminal 
                restraint, false imprisonment, or an attempt to 
                commit any of the crimes described in this 
                clause.
                  (iii) At least three convictions for crimes 
                relating to a controlled substance or alcohol 
                not arising from a single act.

           *       *       *       *       *       *       *

                              ----------                              


        DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2022



           *       *       *       *       *       *       *
DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2022

           *       *       *       *       *       *       *


TITLE V--GENERAL PROVISIONS

           *       *       *       *       *       *       *


SEC. 538. (A) THERE IS HEREBY ESTABLISHED IN THE TREASURY OF THE UNITED 
                    STATES A FUND TO BE KNOWN AS THE ``DEPARTMENT OF 
                    HOMELAND SECURITY NONRECURRING EXPENSES FUND'' (THE 
                    FUND).

  (b) Unobligated balances of expired discretionary funds 
appropriated for this or any succeeding fiscal year from the 
General Fund of the Treasury to the Department of Homeland 
Security by this or any other Act [may] shall be transferred 
(not later than the end of the fifth fiscal year after the last 
fiscal year for which such funds are available for the purposes 
for which appropriated) into the Fund.
  (c) Amounts deposited in the Fund shall be available until 
expended, and in addition to such other funds as may be 
available for such purposes, for information technology system 
modernization and facilities infrastructure improvements 
necessary for the operation of the Department, subject to 
approval by the Office of Management and Budget.
  [(d) Amounts in the Fund may be obligated only after the 
Committees on Appropriations of the House of Representatives 
and the Senate are notified at least 15 days in advance of the 
planned use of funds.]
          (d) Amounts in the Fund may not be obligated until 
        after the date on which the Act making full-year 
        appropriations for the Department of Homeland Security 
        for the applicable fiscal year is enacted into law, 
        subject to subsection (e).
          (e) The Committees on Appropriations of the House of 
        Representatives and the Senate shall be notified at 
        least 15 days in advance of the planned use of funds.

           *       *       *       *       *       *       *


               Changes in the Application of Existing Law

    Pursuant to clause 3(f)(1)(A) of rule XIII of the Rules of 
the House of Representatives, the following statements are 
submitted describing the effect of provisions proposed in the 
accompanying bill which may be considered, under certain 
circumstances, to change the application of existing law, 
either directly or indirectly.
    In some instances, the bill provides funding for agencies 
and activities for which legislation has not yet been 
finalized. In addition, the bill in some instances carries 
language permitting the use of funds for activities not 
authorized by law. Additionally, the Committee includes a 
number of administrative and general provisions.

TITLE I--DEPARTMENTAL MANAGEMENT, INTELLIGENCE, SITUATIONAL AWARENESS, 
                             AND OVERSIGHT

            Office of the Secretary and Executive Management

                         OPERATIONS AND SUPPORT

    The Committee includes language providing funds for the 
operations and support of the Office of the Secretary and for 
the executive management offices.

                         Management Directorate

                         OPERATIONS AND SUPPORT

    The Committee includes language providing funds for 
operations and support, including funds for official reception 
and representation expenses.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

    The Committee includes language providing funds, with 
availability for three years, for procurement, construction, 
and improvements.

                       FEDERAL PROTECTIVE SERVICE

    The Committee includes language making funds available 
until expended for the operations of the Federal Protective 
Service.

           Intelligence, Analysis, and Situational Awareness

                         OPERATIONS AND SUPPORT

    The Committee includes language providing funds for the 
Office of Intelligence and Analysis and the Office of 
Situational Awareness, including funding for official reception 
and representation expenses and funds for facility needs 
associated with secure space at fusion centers. The Committee 
provides two-year availability of funds for certain activities.

                      Office of Inspector General

                         OPERATIONS AND SUPPORT

    The Committee includes language providing funds for the 
Office of Inspector General, including certain confidential 
operational expenses such as the payment of informants.

                       Administrative Provisions

    Language requiring a report on grants or contracts awarded 
by means other than full and open competition and requiring the 
Inspector General to review such grants or contracts and report 
the results to the Committees.
    Language requiring the Chief Financial Officer to submit 
monthly budget and staffing reports.
    Language requiring the Secretary to notify the Committees 
of any proposed transfers from the Department of the Treasury 
Forfeiture Fund to any DHS component.
    Language related to official costs of the Secretary and 
Deputy Secretary for official travel.
    Language requiring the Under Secretary for Management to 
report on certain acquisition programs.
    Language regarding pilot and demonstration programs.

          TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   U.S. Customs and Border Protection

                         OPERATIONS AND SUPPORT

    The Committee includes language making funds available for 
operations and support, including funds for the transportation 
of unaccompanied alien minors; air and marine assistance to 
other law enforcement agencies and humanitarian efforts; 
purchase or lease of vehicles; the purchase, maintenance, and 
procurement of marine vessels, aircraft, and unmanned aircraft 
systems; contracting with individuals for personal services 
abroad; Harbor Maintenance Fee collections; customs officers; 
official reception and representation expenses; Customs User 
Fee collections; payment of rental space in connection with 
preclearance operations; and compensation of informants. The 
Committee provides two-year availability of funds for certain 
activities.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

    The Committee includes language providing funds for 
procurement, construction, and improvements, including 
procurement of physical barriers, marine vessels, aircraft, and 
unmanned aerial systems. The Committee provides three-year and 
five-year availability of funds for these activities.

                U.S. Immigration and Customs Enforcement


                         OPERATIONS AND SUPPORT

    The Committee includes language providing funds for 
operations and support, including funds for official reception 
and representation expenses, overseas vetted units and 
associated stipends, and the operation and maintenance 
necessary to sustain the daily effectiveness of equipment and 
facilities. The Committee includes language making funds 
available for special operations; compensation to informants; 
the reimbursement of other federal agencies for certain costs; 
the purchase or lease of vehicles; maintenance, minor 
construction, and minor improvements of owned and leased 
facilities; the enforcement of child labor laws; paid 
apprenticeships for the Human Exploitation Rescue Operations 
Corps; and the investigation of intellectual property rights 
violations. The Committee specifies a funding level for 
enforcement and removal operations (ERO), including 
transportation of unaccompanied minor aliens. The Committee 
provides two-year and no-year availability of funds for certain 
activities.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

    The Committee includes language providing funds for 
procurement, construction, renovation, and improvements to 
include funds for facilities repair and maintenance projects. 
The Committee provides three-year and five-year availability of 
funds for these activities.

                 Transportation Security Administration


                         OPERATIONS AND SUPPORT

    The Committee includes language providing funds for 
operations and support, including funds for official reception 
and representation expenses, and establishes conditions under 
which security fees are collected and credited. The Committee 
provides for two-year availability of funds for certain 
activities.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

    The Committee includes language providing funds for 
procurement, construction, and improvements. The Committee 
provides three-year availability of funds for these activities.

                        RESEARCH AND DEVELOPMENT

    The Committee includes language providing funds for 
research and development. The Committee provides two-year 
availability of funds for these activities.

                              Coast Guard


                         OPERATIONS AND SUPPORT

    The Committee includes language providing funds for the 
operations and support of the Coast Guard, including funds for 
official reception and representation expenses; purchase or 
lease of passenger motor vehicles; small boats; repairs and 
service life-replacements; purchase, lease, or improvement of 
boats necessary for overseas deployments and activities; 
special pay allowances; recreation and welfare; environmental 
compliance and restoration; and defense-related activities. The 
Committee includes language authorizing funds to be derived 
from the Oil Spill Liability Trust Fund. The Committee provides 
two-year, three-year, and five-year availability of funds for 
certain activities.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

    The Committee includes language providing funds for the 
procurement, construction, and improvements, including aids to 
navigation, shore facilities, vessels, and aircraft. The 
Committee includes language authorizing funds to be derived 
from the Oil Spill Liability Trust Fund. The Committee provides 
five-year availability of funds for these purposes.

                        RESEARCH AND DEVELOPMENT

    The Committee includes language providing funds for 
research and development, and for maintenance, rehabilitation, 
lease, and operation of related facilities and equipment. The 
Committee includes language authorizing funds to be derived 
from the Oil Spill Liability Trust Fund, and authorizing funds 
received from state and local governments, other public 
authorities, private sources, and foreign countries to be 
credited to this account and used for certain purposes. The 
Committee provides three-year availability of funds for these 
purposes.

                              RETIRED PAY

    The Committee includes language providing funds for retired 
pay and medical care for the Coast Guard's retired personnel 
and their dependents and makes these funds available until 
expended.

                      United States Secret Service


                         OPERATIONS AND SUPPORT

    The Committee includes language that provides funds for 
operations and support, to include funds for the purchase and 
replacement of vehicles; hire of passenger motor vehicles and 
aircraft; purchase of motorcycles; rental of certain buildings; 
improvements to buildings as may be necessary for protective 
missions; firearms matches; presentation of awards; behavioral 
research; advance payment for commercial accommodations; per 
diem and subsistence allowances; official reception and 
representation expenses; grant activities related to missing 
and exploited children investigations; premium pay; and 
technical assistance and equipment provided to foreign law 
enforcement organizations. The Committee provides for two-year 
availability of funds for certain activities.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

    The Committee includes language providing funds for 
procurement, construction, and improvements. The Committee 
provides three-year availability of funds for these purposes.

                        RESEARCH AND DEVELOPMENT

    The Committee includes language providing funds for 
research and development. The Committee provides two-year 
availability of funds for these purposes.

                       Administrative Provisions

    Language regarding overtime compensation.
    Language allowing CBP to sustain or increase operations in 
Puerto Rico and the U.S. Virgin Islands with appropriated 
funds.
    Language regarding the availability of fee revenue 
collected from certain arriving passengers.
    Language allowing CBP access to certain reimbursements for 
preclearance activities.
    Language regarding the importation of prescription drugs by 
an individual for personal use.
    Language regarding waivers of the Jones Act.
    Language prohibiting DHS from establishing a border 
crossing fee.
    Language prohibiting the obligation of funds prior to the 
submission of an expenditure plan for funds made available for 
``U.S. Customs and Border Protection--Procurement, 
Construction, and Improvements''.
    Language prohibiting the construction of border security 
barriers in specified areas.
    Language regarding vetting operations at existing 
locations.
    Language regarding the use of funds provided under the 
heading ``U.S. Customs and Border Protection--Procurement, 
Construction, and Improvements''.
    Language prohibiting the removal of physical barriers.
    Language regarding the CBP One Application.
    Language prohibiting the use of funds to reduce 
participation in the 287(g) program.
    Language prohibiting the use of funds for the 287(g) 
program if the terms of the agreement governing the delegation 
of authority have been materially violated.
    Language prohibiting the use of funds to contract for 
detention services if the facility receives less than 
``adequate'' ratings in two consecutive performance 
evaluations.
    Language regarding the reprogramming of funds related to 
the detention of aliens.
    Language requiring ICE to provide statistics about its 
detention population.
    Language regarding reporting on the 287(g) program.
    Language prohibiting the use of funds for certain ICE 
prosecutorial discretion activities.
    Language prohibiting the transportation of aliens into the 
interior of the United States for purposes other than 
enforcement.
    Language prohibiting the provision of abortion services, 
with limited exceptions, for ICE detainees.
    Language prohibiting the provision of gender-affirming 
medication and surgeries for ICE detainees.
    Language regarding prioritization of detention and the 
Alternatives to Detention program.
    Language clarifying that certain elected and appointed 
officials are not exempt from federal passenger and baggage 
screening.
    Language authorizing TSA to use funds from the Aviation 
Security Capital Fund for the procurement and installation of 
explosives detection systems or for other purposes authorized 
by law.
    Language requiring a report from TSA on the agency's 
investment plans.
    Language prohibiting implementation of any structural pay 
reform for any TSA employee that is not a Transportation 
Security Officer.
    Language prohibiting funds made available under the heading 
``Coast Guard--Operations and Support'' for recreational vessel 
inspection expenses, except to the extent fees are collected 
from owners of yachts and credited to this appropriation.
    Language allowing up to $10,000,000 to be reprogrammed to 
or from Military Personnel and between the Field Operations 
funding subcategories within ``Coast Guard--Operations and 
Support''.
    Language requiring the Coast Guard to submit a future-years 
capital investment plan.
    Language related to the Coast Guard's legacy Operations 
Systems Center.
    Language related to the Coast Guard National Vessel 
Documentation Center.
    Language related to the Coast Guard Civil Engineering 
program.
    Language allowing for the use of the Coast Guard Housing 
Fund.
    Language related to towing vessel fees.
    Language allowing the Secret Service to obligate funds in 
anticipation of reimbursement for personnel receiving training.
    Language prohibiting funds made available to the Secret 
Service for the protection of the head of a federal agency 
other than the Secretary of Homeland Security, except when the 
Director has entered into a reimbursable agreement for such 
protection services.
    Language permitting up to $15,000,000 to be reprogrammed 
within ``United States Secret Service--Operations and 
Support''.
    Language allowing funds made available for ``United States 
Secret Service--Operations and Support'' to be available for 
travel of employees on protective missions without regard to 
limitations on such expenditures.
    Language prohibiting the use of funds to implement CBP 
``Emergency Driving and Vehicular Pursuits'' policy or similar 
directive.
    Language prohibiting the use of funds to issue student 
visas for aliens attending unaccredited institutions of higher 
education.
    Language prohibiting the use of funds to parole Chinese 
nationals into the Commonwealth of the Northern Mariana 
Islands.
    Language prohibiting the use of funds to carry out a 
procurement contract for the Waterways Commerce Cutter 
acquisition for any entity deemed not a small business by the 
Small Business Administration.

      TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY


            Cybersecurity and Infrastructure Security Agency


                         OPERATIONS AND SUPPORT

    The Committee includes language providing funds for 
operations and support, including funds for official reception 
and representation expenses. The Committee provides for two-
year availability of funds for certain activities.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

    The Committee includes language providing funds for 
procurement, construction, and improvements. The Committee 
provides three-year availability of funds for these purposes.

                        RESEARCH AND DEVELOPMENT

    The Committee includes language providing funds for 
research and development. The Committee provides two-year 
availability of funds for these purposes.

                  Federal Emergency Management Agency


                         OPERATIONS AND SUPPORT

    The Committee includes language providing funds for 
operations and support, including funds for official reception 
and representation expenses.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

    The Committee includes language providing funds for 
procurement, construction, and improvements. The Committee 
provides three- and five-year availability of funds for these 
purposes.

                           FEDERAL ASSISTANCE

    The Committee includes language providing funds for grants, 
contracts, cooperative agreements, and other activities, 
including for terrorism prevention; nonprofit organizations; 
public transportation security, including buses and railroads; 
port security; firefighter assistance; emergency management; 
flood hazard mapping and risk analysis; catastrophic 
preparedness, emergency food and shelter; warning systems; 
community project grants; education, training, exercises, and 
technical assistance; and other programs. The Committee 
provides two-year availability of funds for certain purposes.

                          DISASTER RELIEF FUND

    The Committee includes language making funds available 
until expended for the Disaster Relief Fund.

                     NATIONAL FLOOD INSURANCE FUND

    The Committee includes language making funds available for 
mission support associated with flood management and programs 
and activities under the National Flood Insurance Fund, 
including flood plain management and flood mapping. The 
Committee includes provisions making funds available for 
interest on Treasury borrowings and limiting amounts available 
for operating expenses, commissions and taxes of agents, and 
flood mitigation activities associated with the National Flood 
Insurance Act of 1968. The Committee includes language 
permitting additional fees collected to be credited as an 
offsetting collection and available for floodplain management; 
providing that not to exceed four percent of the total 
appropriation is available for administrative costs; and making 
funds available for the Flood Insurance Advocate.

                       ADMINISTRATIVE PROVISIONS

    Language requiring CISA to provide quarterly budget and 
staffing briefings.
    Language related to the administration of grants.
    Language specifying timeframes for certain grant 
applications and awards.
    Language requiring a five-day advance notification prior to 
the announcement of certain grant awards under ``Federal 
Emergency Management Agency--Federal Assistance''.
    Language authorizing the use of certain grant funds for the 
installation of communications towers.
    Language requiring the submission of a monthly Disaster 
Relief Fund report.
    Language permitting the FEMA Administrator to grant waivers 
from specified requirements of section 34 of the Federal Fire 
Prevention and Control Act of 1974.
    Language providing for the receipt and expenditure of fees 
collected for the Radiological Emergency Preparedness Program, 
as authorized by Public Law 105-276.
    Language permitting the FEMA Administrator to grant waivers 
from specified requirements of section 33 of the Federal Fire 
Prevention and Control Act of 1974.

        TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES


               U.S. Citizenship and Immigration Services


                         OPERATIONS AND SUPPORT

    The Committee includes language making funds available for 
operations and support for the E-Verify program.

                Federal Law Enforcement Training Centers


                         OPERATIONS AND SUPPORT

    The Committee includes language making funds available for 
operations and support, including for official reception and 
representation expenses and purchase of police-type vehicles. 
The Committee provides two-year availability of funds for 
certain activities.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

    The Committee includes language providing funds for 
procurement, construction, and improvements to include 
acquisition of necessary additional real property and 
facilities, construction and ongoing maintenance, facility 
improvements and related expenses. The Committee provides five-
year availability of funds for these activities.

                   Science and Technology Directorate


                         OPERATIONS AND SUPPORT

    The Committee includes language providing funds for 
operations and support, including the purchase or lease of 
vehicles and official reception and representation expenses. 
The Committee provides two-year availability of funds for 
certain activities.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

    The Committee includes language providing funds for 
procurement, construction, and improvements. The Committee 
provides five-year availability of funds for these activities.

                        RESEARCH AND DEVELOPMENT

    The Committee includes language providing funds for 
research and development. The Committee provides three-year 
availability of funds for these activities.

             Countering Weapons of Mass Destruction Office


                         OPERATIONS AND SUPPORT

    The Committee includes language providing funds for 
operations and support, including official reception and 
representation expenses. The Committee provides two-year 
availability of funds for certain activities.

              PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

    The Committee includes language providing funds for 
procurement, construction, and improvements. The Committee 
provides three-year availability of funds for these activities.

                        RESEARCH AND DEVELOPMENT

    The Committee includes language providing funds for 
research and development. The Committee provides three-year 
availability of funds for these activities.

                           FEDERAL ASSISTANCE

    The Committee includes language providing funds for federal 
assistance through grants, contracts, cooperative agreements, 
and other activities. The Committee provides three-year 
availability of funds for these activities.

                       Administrative Provisions

    Language allowing USCIS to acquire, operate, equip, and 
dispose of up to five vehicles under certain scenarios.
    Language limiting the use of A-76 competitions by USCIS.
    Language related to the collection and use of biometrics.
    Language prohibiting the use of funds to execute the rule 
entitled ``Procedures or Credible Fear Screening and 
Consideration of Asylum, Withholding of Removal, and CAT 
Protection Claims by Asylum Officers.''
    Language prohibiting the use of funds to provide employment 
authorization documents for certain aliens.
    Language related to H-2B visas.
    Language related to H-2A visas.
    Language regarding official reception and representation 
expenses for USCIS.
    Language authorizing FLETC to distribute funds for incurred 
training expenses.
    Language directing the FLETC Accreditation Board to lead 
the federal law enforcement training accreditation process for 
measuring and assessing federal law enforcement training 
programs, facilities, and instructors.
    Language allowing FLETC to accept transfers from other 
government agencies for the construction of special use 
facilities.
    Language classifying FLETC instructor staff as inherently 
governmental for certain purposes.

                      TITLE V--GENERAL PROVISIONS

    Language limiting the availability of appropriations to one 
year unless otherwise expressly provided.
    Language providing authority to merge unexpended balances 
of prior year appropriations with new appropriations accounts 
for the same purpose.
    Language limiting reprogramming authority and providing 
limited transfer authority.
    Language prohibiting funds appropriated or otherwise made 
available to the Department to make payment to the working 
capital fund, except for activities and amounts proposed in the 
President's budget request.
    Language providing authority regarding the availability and 
uses of prior year balances for Operations and Support 
accounts.
    Language deeming intelligence activities to be specifically 
authorized during the fiscal year until the enactment of an act 
authorizing intelligence activities for that year.
    Language requiring notification to the Committees at least 
three days before DHS announces or executes grant allocations, 
grant awards, contract awards (including contracts covered by 
the Federal Acquisition Regulation), other transaction 
agreements, letters of intent, or a task or delivery order on 
multiple award contracts, or sole-source grant awards.
    Language prohibiting all agencies from purchasing, 
constructing, or leasing additional facilities for federal law 
enforcement training without advance notification to the 
Committees.
    Language prohibiting the use of funds for any construction, 
repair, alteration, or acquisition project for which a 
prospectus, if required under chapter 33 of title 40, United 
States Code, has not been approved.
    Language related to sensitive security information and the 
use of funds in conformance with section 303 of the Energy 
Policy Act of 1992.
    Language prohibiting the use of funds in contravention of 
the Buy American Act.
    Language prohibiting the use of funds to amend the oath of 
allegiance required by section 337 of the Immigration and 
Nationality Act.
    Language prohibiting DHS from using funds to carry out 
reorganization authority.
    Language prohibiting the use of funds for planning, 
testing, piloting, or developing a national identification 
card.
    Language directing that any official required by this Act 
to report or certify to the Committees may not delegate such 
authority unless expressly authorized to do so.
    Language prohibiting the use of funds from being used for 
first-class travel.
    Language prohibiting the use of funds to employ workers 
described in section 274A(h)(3) of the Immigration and 
Nationality Act.
    Language prohibiting the use of funds to pay award or 
incentive fees for contractors with a below satisfactory 
performance or a performance that fails to meet the basic 
requirements of the contract.
    Language requiring that DHS computer systems block 
electronic access to pornography, except for law enforcement 
purposes.
    Language regarding the transfer of firearms by federal law 
enforcement personnel.
    Language regarding funding restrictions and reporting 
requirements related to conferences occurring outside of the 
United States.
    Language prohibiting funds to reimburse any federal 
department or agency for its participation in a National 
Special Security Event.
    Language requiring a notification, including justification 
materials, prior to implementing any structural pay reform or 
introducing any new position classification that affects more 
than 100 full-time positions or costs more than $5,000,000.
    Language directing the Department to post reports required 
by the Committees on a public website unless public posting 
compromises homeland or national security or contains 
proprietary information.
    Language authorizing minor procurement, construction, and 
improvement activities using Operations and Support 
appropriations, as specified.
    Language authorizing DHS to use discretionary 
appropriations for the primary and secondary schooling of 
eligible dependents of DHS personnel stationed in areas of U.S. 
territories that meet certain criteria.
    Language prohibiting the use of funds to limit access to 
detention facilities by members of Congress or their designated 
staff.
    Language appropriating an additional amount for 
presidential residence protection.
    Language prohibiting the use of funds to use restraints on 
pregnant detainees in DHS custody except in certain 
circumstances.
    Language prohibiting the use of funds for the destruction 
of records related to detainees in custody.
    Language continuing by reference a prohibition on the use 
of funds for a Principal Federal Official during a declared 
disaster or emergency under the Stafford Act, with certain 
exceptions.
    Language requiring the Under Secretary for Management to 
submit a component-level report on unfunded priorities for 
which appropriated funds would be classified as budget function 
050.
    Language requiring notifications when the President 
designates a former or retired federal official or employee for 
protection and requiring reporting on the costs of such 
protection.
    Language requiring notifications and reporting on DHS 
submissions of proposals to the Technology Modernization Fund.
    Language relating to DHS budget submission requirements 
regarding user fees and offsets.
    Language relating to the Arms Trade Treaty.
    Language prohibiting the use of funds related to certain 
entities identified under section 1260H of the William M. (Mac) 
Thornberry National Defense Authorization Act for Fiscal Year 
2021.
    Language prohibiting the use of funds for the transfer or 
release of individuals detained at United States Naval Station, 
Guantanamo Bay, Cuba, into or within the United States.
    Language requiring the Secretary of Homeland Security on a 
bimonthly basis to provide estimates of the number of migrants 
anticipated to arrive at the southwest border of the United 
States.
    Language prohibiting the use of funds for a Disinformation 
Governance Board, or any similar entity related to the 
censorship of U.S. persons' speech.
    Language prohibiting the use of funds to establish a COVID-
19 vaccine mandate for DHS employees.
    Language prohibiting the enforcement of vaccine 
requirements to enter the United States.
    Language prohibiting the use of funds to classify the 
speech of a U.S. person as mis-, dis-, or mal-information, or 
work with organizations that do the same.
    Language prohibiting the use of funds to implement the rule 
entitled ``Circumvention of Lawful Pathways.''
    Language prohibiting funds to be used to implement 
diversity, equity, and inclusion Executive Orders, or to 
promote critical race theory.
    Language prohibiting the use of funds for the purpose of 
paying outside counsel before the date on which all funds 
provided for physical barriers are obligated, and to prepare 
for or defend against impeachment.
    Language prohibiting the use of funds to be used to 
purchase, maintain, or operate any unmanned aircraft systems 
that are manufactured in China or another country identified as 
a foreign adversary.
    Language pertaining to the DHS Nonrecurring Expenses Fund.
    Language limiting the frequency of inspections of ICE 
detention facilities.
    Language prohibiting inspections of ICE detention 
facilities except for compliance with the National Detention 
Standards of 2019.
    Language prohibiting the use of funds to admit Chilean 
nationals under the Visa Waiver Program until DHS is provided 
access to appropriate criminal databases for screening 
purposes.
    Language prohibiting the use of funds to discriminate 
against a person based on sincerely-held religious beliefs 
regarding marriage.
    Language rescinding unobligated balances from specified 
sources.
    Language rescinding unobligated balances from the Inflation 
Reduction Act.
      Language rescinding unobligated balances from the DHS 
Nonrecurring Expenses Fund.
    Language regarding a Spending Reduction Account.

                  APPROPRIATIONS NOT AUTHORIZED BY LAW

    Pursuant to clause 3(f)(1) of rule XIII of the Rules of the 
House of Representatives, the following table lists the 
appropriations in the accompanying bill that are not authorized 
by law:

                                                     FY 2024 SCHEDULE OF UNAUTHORIZED APPROPRIATIONS
                                                       [Gross Discretionary--Dollars in thousands]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Last Year of                                 Appropriation in Last   Appropriations in  this
                   Agency/Program                          Authorization           Authorized Level      Year  of Authorization            bill
--------------------------------------------------------------------------------------------------------------------------------------------------------
Customs and Border Protection, Operations and                         \1\2004            \2\$3,083,259            \3\$4,396,750           \4\$16,239,428
 Support............................................
Customs and Border Protection, International Cargo                    \5\2010                  153,300                  162,000             \6\3,957,069
 Screening..........................................
Customs and Border Protection, Customs-Trade                     \7\2010/2012            75,600/21,000         \8\62,612/44,979             \9\3,792,006
 Partnership Against Terrorism (C-TPAT).............
Customs and Border Protection, Automated Targeting                   \10\2010                   37,485                   34,560              \11\292,410
 Systems............................................
Customs and Border Protection, Automated Commercial                  \12\2018                  153,736                      N/A              \13\427,654
 Environment........................................
Customs and Border Protection, Air and Marine                        \14\2004                  175,000                  240,200              \15\395,934
 Interdiction, Operations, Maintenance, and
 Procurement........................................
Immigration and Customs Enforcement, Operations and         \16\2003/\17\2004      4,131,811/1,399,592    \18\3,032,094/\19\N/A            \20\9,748,297
 Support............................................
Immigration and Customs Enforcement, Procurement,                    \16\2003                      N/A                  693,969                   50,520
 Construction, and Improvements.....................
Transportation Security Administration, Operations                   \21\2020                7,888,494                      N/A           \22\10,150,131
 and Support........................................
Transportation Security Administration, EDS/ETD                      \23\2007                  400,000                  110,100              \24\130,340
 Systems............................................
Transportation Security Administration, Surface                      \25\2020                Such sums                  169,513                  180,475
 Transportation Security, National Explosives
 Detection Canine Team Program......................
Transportation Security Administration,                              \26\2005                Such sums              \27\115,000              \28\143,958
 Transportation Threat Assessment and Credentialing.
Transportation Security Administration, Federal Air                  \29\2007                   83,000                  764,643              \30\756,973
 Marshal Service....................................
Transportation Security Administration Law                           \31\2020                   55,000                   46,392               \32\45,868
 Enforcement Officer Reimbursement Program..........
Coast Guard, Operations and Support.................                 \33\2023               10,750,000                9,700,478               10,222,488
Coast Guard, Procurement, Construction, and                          \33\2023                3,477,600                1,669,650                1,981,194
 Improvements.......................................
Coast Guard, Research and Development...............                 \33\2023                   14,681                   10,276                    7,476
Cybersecurity and Infrastructure Security Agency,                    \34\2012                Such sums              \35\888,243            \36\2,370,963
 Operations and Support.............................
FEMA, Salaries and Expenses.........................                 \37\2010                  375,342                  797,650            \38\1,521,248
FEMA, Integrated Public Alert and Warning System                     \39\2018                Such sums                      N/A                   53,717
 (IPAWS)............................................
FEMA, State and Local Programs......................  .......................  .......................  .......................  .......................
Port Security Grants................................                 \40\2013                  400,000                  250,000                  100,000
Public Transportation Security Grants...............                 \41\2011                1,108,000                  250,000                  105,000
Amtrak Security.....................................                 \42\2011                  175,000                   20,000                   10,000
Over the Road Bus Security..........................                 \43\2011                   25,000                    5,000                    2,000
National Domestic Preparedness Consortium...........                 \44\2011                  153,000                      N/A                  106,000
Center for Domestic Preparedness....................                 \46\2011                   66,000                      N/A                   71,592
FEMA, Urban Search and Rescue Response System.......                 \45\2008                   45,000                   36,700                   40,832
FEMA, Emergency Management Performance Grants.......                 \46\2022                  950,000                  355,000                  355,000
FEMA, Emergency Food and Shelter....................                 \47\1994                  188,000                      N/A                  130,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\P.L. 107-210, Sec. 311.
\2\P.L. 107-210 authorized what was formerly U.S. Customs Service (does not include Border Patrol).
\3\U.S. Customs Service operations only (does not include Border Patrol).
\4\Funding recommended for fiscal year 2024 is for the U.S. Customs and Border Protection, Operations and Support appropriation. This is not a true
  comparison to the legacy ``Salaries and Expenses'' appropriation.
\5\P.L. 109-347, Sec. 205(m).
\6\Funding recommended for fiscal year 2024 is for the ``Domestic Operations'' and ``International Operations'' sub-PPAs within the ``Trade and Travel
  Operations'' PPA. This is not a true comparison to the legacy ``International Cargo Screening'' PPA.
\7\P.L. 109-347, Sec. 223(a) authorized operations for fiscal year 2010 and personnel through fiscal year 2012.
\8\Funding provided for fiscal year 2010 and for fiscal year 2012 include personnel and operations.
\9\This is not a true comparison to the legacy ``Customs-Trade Partnership Against Terrorism (C-TPAT)'' PPA. These funds have been realigned to the
  ``Domestic Operations'' sub-PPA within the ``Trade and Travel Operations'' PPA.
\10\P.L. 109-347, Sec. 203(g).
\11\This is not a true comparison to the legacy ``Automated Targeting Systems'' PPA. These funds have been realigned to the ``Targeting Operations'' sub-
  PPA within the ``Trade and Travel Operations'' PPA.
\12\P.L. 114-125, Sec. 106 requires that funding shall not be less than this amount.
\13\This is not a true comparison to the legacy ``Automated Commercial Environment'' PPA; however, the preponderance of these funds were realigned into
  the ``Office of Trade'' sub-PPA within the ``Trade and Travel Operations'' PPA.
\14\P.L. 107-210, Sec. 311.
\15\These funds have been realigned to the ``Air and Marine Operations'' sub-PPA that exists within the ``Integrated Operations'' PPA.
\16\Immigration and Naturalization Service--some investigations, and detention and removals only, P.L. 107-273, Sec. 102(12).
\17\Customs Service noncommercial operations, P.L. 107-210, Sec. 311(a) (19 U.S.C. 2075(b)(1)).
\18\Includes $2,862,094,000 from fiscal year 2003 Immigration and Naturalization Service--Salaries and Expenses, P.L. 108-7, and $170,000,000 included
  in the fiscal year 2003 Wartime Supplemental Appropriations Act, P.L. 108-11.
\19\There was no fiscal year 2004 appropriation for the U.S. Customs Service.
\20\Funding recommended for fiscal year 2024 is for U.S. Immigration and Customs Enforcement, Operations and Support. This is not a true comparison to
  the legacy ``Salaries and Expenses'' appropriation.
\21\P.L. 115-254 Sec. 1903 Reauthorized TSA Activities for ``salaries, operations and maintenance'', but did not specifically authorize the current
  account structure, construction and improvements.
\22\Recommended funding is the total for TSA ``Operations and Support'' appropriation.
\23\P.L. 108-458, Sec. 4019.
\24\These funds have been realigned to the ``Aviation Screening Infrastructure'' PPA within the ``Procurement, Construction, and Improvements''
  appropriation and to the ``Research and Development'' appropriation.
\25\P.L. 115-254, Sec. 1971.
\26\P.L. 107-71, Sec. 101.
\27\Includes the Maritime and Land Security PPA and Credentialing Activities PPA.
\28\Funding recommended for fiscal year 2024 is for the ``Other Operations and Enforcement, Vetting Programs'' and ``Other Operations and Enforcement,
  Intelligence and TSOC'' sub-PPAs within the ``Operations and Support'' appropriation, and the ``Infrastructure for Other Operations, Vetting
  Programs'' sub-PPA within the Procurement, Construction, and Improvements appropriation.
\29\P.L. 108-458, Sec. 4016.
\30\Funding for the Federal Air Marshals Service is in the ``Other Operations and Enforcement, In-Flight Security'' sub-PPA. The recommended funding
  level is for that sub-PPA.
\31\P.L. 115-254, Sec. 1935.
\32\Funding for LEO Reimbursement Program is in the ``Other Operations and Enforcement, Aviation Regulation'' sub-PPA. The recommended funding is for
  the non-pay portion of the Law Enforcement and Assessment program.
\33\P.L. 117-263, Sec. 11101.
\34\Critical infrastructure protection, cybersecurity, and other related programs, P.L. 110-53, Sec. 541 (note, the ``National Protection and Programs
  Directorate'' is now known as the ``Cybersecurity and Infrastructure Security Agency'', as authorized in P.L. 115-278, Sec. 2 (6 U.S.C. 651 et.
  seq.)).
\35\Infrastructure Protection and Information Security activities in P.L. 112-74.
\36\Represents funding that would traditionally be categorized as defense that is recommended for the Cybersecurity and Infrastructure Security Agency.
\37\P.L. 109-295, Sec. 699.
\38\Funding recommended for fiscal year 2024 is for Federal Emergency Management Agency, Operations and Support. This is not a true comparison to the
  legacy ``Salaries and Expenses'' appropriation.
\39\P.L. 114-143, Sec. 2(c).
\40\P.L. 109-347, Sec. 112.
\41\P.L. 110-53.
\42\P.L. 110-53, Sec. 1514(d).
\43\6 U.S.C. 1182.
\44\P.L. 110-53, Sec. 1204, 6 U.S.C. 1102.
\45\P.L. 109-295, Sec. 634, 6 U.S.C. 722.
\46\P.L. 110-53, Sec. 201, 6 U.S.C. 763.
\47\P.L. 102-550, Sec. 1431.

    BUDGETARY IMPACT OF THE FY 2024 DEPARTMENT OF HOMELAND SECURITY 
  APPROPRIATIONS BILL PREPARED IN CONSULTATION WITH THE CONGRESSIONAL 
 BUDGET OFFICE PURSUANT TO SECTION 308(A) OF THE CONGRESSIONAL BUDGET 
                              ACT OF 1974

                        [In millions of dollars]


                   COMPARISON WITH BUDGET RESOLUTION

    Pursuant to clause 3(c)(2) of rule XIII of the Rules of the 
House of Representatives and section 308(a)(1)(A) of the 
Congressional Budget Act of 1974, the following table compares 
the levels of new budget authority provided in the bill with 
the appropriate allocation under section 302(b) of the Budget 
Act.

                                            [In millions of dollars]
----------------------------------------------------------------------------------------------------------------
                                             302(b) Allocation                           This Bill
                                 -------------------------------------------------------------------------------
                                   Budget Authority         Outlays        Budget Authority         Outlays
----------------------------------------------------------------------------------------------------------------
Comparison of amounts in the
 bill with Committee allocations
 to its subcommittees:
 Subcommittee on Homeland
 Security
    Discretionary...............              83,054              83,847              83,054           \1\83,831
    Mandatory...................               1,147               1,147               1,147            \1\1,147
----------------------------------------------------------------------------------------------------------------
\1\Includes outlays from prior-year budget authority.
[Note placeholder, if needed]

                      FIVE-YEAR OUTLAY PROJECTIONS

    Pursuant to clause 3(c)(2) of rule XIII and section 
308(a)(1)(B) of the Congressional Budget Act of 1974, the 
following table contains five-year projections associated with 
the budget authority provided in the accompanying bill as 
provided to the Committee by the Congressional Budget Office.

                        [In millions of dollars]
------------------------------------------------------------------------
                                                            Outlays
------------------------------------------------------------------------
Projection of outlays associated with the
 recommendation:
    2024............................................           \1\43,025
    2025............................................              15,577
    2026............................................               9,270
    2027............................................               3,769
    2028 and future years...........................               8,885
------------------------------------------------------------------------
\1\Excludes outlays from prior-year budget authority.

          FINANCIAL ASSISTANCE TO STATE AND LOCAL GOVERNMENTS

    Pursuant to clause 3(c)(2) of rule XIII and section 
308(a)(1)(C) of the Congressional Budget Act of 1974, the 
Congressional Budget Office has provided the following 
estimates of new budget authority and outlays provided by the 
accompanying bill for financial assistance to State and local 
governments.

                        [In millions of dollars]
------------------------------------------------------------------------
                                  Budget Authority         Outlays
------------------------------------------------------------------------
Financial assistance to State               13,177               \1\913
 and local governments for
 2024.........................
------------------------------------------------------------------------
\1\Excludes outlays from prior-year budget authority.

                          PROGRAM DUPLICATION

    No provision of this bill establishes or reauthorizes a 
program of the Federal Government know to be duplicative of 
another federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
identified in the most recent Catalog of Federal Domestic 
Assistance.

                           COMMITTEE HEARINGS

    For the purposes of clause 3(c)(6) of rule XIII of the 
Rules of the House of Representatives, the following hearings 
were used to develop or consider the Department of Homeland 
Security Appropriations Act, 2024:
    The Subcommittee on Homeland Security held a hearing on 
March 28, 2023, entitled ``Fiscal Year 2024 Budget Request for 
the Cybersecurity and Infrastructure Security Agency.'' The 
Subcommittee received testimony from:
    The Honorable Jen Easterly, Director, Cybersecurity and 
Infrastructure Security Agency
    The Subcommittee on Homeland Security held a hearing on 
March 28, 2023, entitled ``Fiscal Year 2024 Budget Request for 
the Transportation Security Administration.'' The Subcommittee 
received testimony from:
    The Honorable David Pekoske, Administrator, Transportation 
Security Administration
    The Subcommittee on Homeland Security held a hearing on 
March 29, 2023, entitled ``Fiscal Year 2024 Budget Request for 
the Department of Homeland Security.'' The Subcommittee 
received testimony from:
    The Honorable Alejandro Mayorkas, Secretary, U.S. 
Department of Homeland Security
    The Subcommittee on Homeland Security held a hearing on 
April 18, 2023, entitled ``Fiscal Year 2024 Budget Request for 
the U.S. Immigration and Customs Enforcement.'' The 
Subcommittee received testimony from:
    Tae D. Johnson, Acting Director, U.S. Immigration and 
Customs Enforcement
    The Subcommittee on Homeland Security held a hearing on 
April 18, 2023, entitled ``Fiscal Year 2024 Budget Request for 
the Federal Emergency Management Agency.'' The Subcommittee 
received testimony from:
    The Honorable Deanne Criswell, FEMA Administrator, Federal 
Emergency Management Agency
    The Subcommittee on Homeland Security held a hearing on 
April 19, 2023, entitled ``Fiscal Year 2024 Request for the 
U.S. Coast Guard.'' The Subcommittee received testimony from:
    Admiral Linda Fagan, Commandant of the United States Coast 
Guard
    The Subcommittee on Homeland Security held a hearing on 
April 19, 2023, entitled ``Fiscal Year 2024 Request for the 
U.S. Customs and Border Protection.'' The Subcommittee received 
testimony from:
    Troy Miller, Acting Commissioner, U.S. Customs and Border 
Protection

                    DETAILED EXPLANATIONS IN REPORT

    The following table contains detailed funding 
recommendations at the program, project, and activity (PPA) 
level.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


                             MINORITY VIEWS

    We thank the Chairs of the Full Committee and Subcommittee 
for engaging with us in drafting this report. The process of 
working with the subcommittee Chairman has been a good one, 
consistent with the tradition of this subcommittee. While we 
acknowledge that there are several bipartisan funding 
initiatives in this bill, unfortunately, we cannot support it. 
This bill makes flawed investments, contains harmful policy 
riders, weakens our national security, and abandons the values 
of our nation.
    We want to convey our deep appreciation to all DHS 
personnel for the critical work they do every day to protect 
our country. The Department's greatest asset is its workforce, 
and it is important that we recognize their commitment to 
protecting our communities.
    Unfortunately, this bill does not support the DHS 
workforce, as evidenced by its undermining the Transportation 
Security Administration (TSA) workforce through unfairly 
implementing the TSA pay restructuring committed to in the last 
Congress. This is a reversal of bipartisan commitments made in 
the last Congress to the TSA workforce, cutting funding for 
workforce pay and collective bargaining initiatives by over 
$469 million from the request.
    This bill continues to waste billions of dollars on an 
ineffective border wall. We know from history that walls do not 
work. As a result, this bill fails to adequately resource areas 
where we know there are significant threats, like our ports of 
entry and interior Border Patrol checkpoints. Rather than smart 
investments in personnel, technology, and infrastructure, this 
bill does the opposite, funding a border wall that provides a 
false sense of security and leaves our nation vulnerable to 
trafficking of fentanyl and other illicit narcotics.
    It is imperative that we provide DHS the investments 
necessary to adequately enforce our immigration laws. Instead, 
this bill slashing funding for humanitarian programs by over 
$796 million, increases immigration detention capacity and 
while simultaneously cutting critical oversight of our 
immigration detention facilities. This includes several cuts 
throughout DHS to programs intended to advance the interests of 
underrepresented and vulnerable populations, including cuts to 
the Family Reunification Task Force that was established after 
the family separation travesty under the previous 
Administration. It also eliminates discretionary funding for 
refugee processing, shifting the burden of those costs back 
onto other applicants and petitioners in an already backlogged 
and overwhelmed system.
    The reality is that the bill fails to adequately plan for 
and propose real solutions to address the rise in irregular 
migration around the world. As the Secretary testified to the 
subcommittee in March, ``Violence, food insecurity, severe 
poverty, corruption, climate change, the COVID-19 pandemic, and 
dire economic conditions have all contributed to a significant 
increase in irregular migration around the world.'' 
Specifically in the Western Hemisphere, the real and growing 
number of migrants fleeing failed, authoritative regimes, such 
as Venezuela and Nicaragua, along with other humanitarian 
crises such as what we're witnessing in Haiti, is driving 
hundreds of thousands to seek refuge and asylum in the United 
States and other countries.
    The history of our nation is one of unprecedented 
immigration, refuge, and fight. We reject the false dichotomy 
that we must leave our values at the door as we look to protect 
and strengthen our nation's security.
    Domestic violent extremism poses one of the most 
significant threats to the United States, and threats from 
malign foreign influences continue to threaten our cyber 
networks, our critical infrastructure, and our democratic 
elections. Yet this bill fails to protect our communities from 
these dangerous threats by underfunding programs that enhance 
regional preparedness and response capabilities, cutting 
requested funding to combat terrorism, extremism, and 
cybersecurity attacks by over $232 million.
    This bill also guts funding for climate-change, climate-
resiliency, and facilities transformation initiatives by over 
$748 million. This leaves Americans vulnerable to the growing 
number and increasing severity of natural disasters by failing 
to deliver needed resources to mitigate loss of life and 
property, combat climate change, and support climate 
resilience.
    The bill includes unacceptable policy provisions that we 
cannot in good conscious support, such as provisions targeting 
underserved, underrepresented, or vulnerable populations, 
misguided and harmful law enforcement and funding limitations, 
restrictions that weaken our defenses and resiliency, and 
restrictions that jeopardize the health and safety of 
Americans.
    As the appropriations process continues, we look forward to 
working with the majority to develop final legislation that 
protects our communities, invests in smart border technology, 
addresses the growing fentanyl and opioid crisis, provides safe 
and humane pathways and processes for noncitizens who require 
refuge in our country, is free of controversial, extraneous 
policy riders, and is based on an appropriate funding 
allocation.

                                   Rosa DeLauro.
                                   Henry Cuellar.

                                  [all]