II 

117TH CONGRESS 

2D SESSION S. 4678 

Making appropriations for the Department of Homeland Security for the 

fiscal year ending September 30, 2023, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 28, 2022 

Mr. MURPHY introduced the following bill; which was read twice and referred 

to the Committee on Appropriations 

A BILL 

Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2023, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Department of Homeland Security for the fiscal year end6 ing September 30, 2023, and for other purposes, namely: 


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1 TITLE I 

2 DEPARTMENTAL MANAGEMENT, OPERATIONS, 

3 INTELLIGENCE, AND OVERSIGHT 

4 OFFICE OF THE SECRETARY AND EXECUTIVE

5 MANAGEMENT

6 OPERATIONS AND SUPPORT

7 For necessary expenses of the Office of the Secretary 

8 and for executive management for operations and support, 

9 $306,045,000; of which $20,259,000 shall be for the Of10 fice of the Ombudsman for Immigration Detention, of 

11 which $3,048,000 shall remain available until September 

12 30, 2024: Provided, That not to exceed $30,000 shall be 

13 for official reception and representation expenses. 

14 FEDERAL ASSISTANCE

15 (INCLUDING TRANSFER OF FUNDS)

16 For necessary expenses of the Office of the Secretary 

17 and for executive management for Federal assistance 

18 through grants, contracts, cooperative agreements, and 

19 other activities, $20,000,000, which shall be transferred 

20 to ‘‘Federal Emergency Management Agency—Federal 

21 Assistance’’, of which $20,000,000 shall be for targeted 

22 violence and terrorism prevention grants, to remain avail23 able until September 30, 2024. 


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1 MANAGEMENT DIRECTORATE

2 OPERATIONS AND SUPPORT

3 For necessary expenses of the Management Direc4 torate for operations and support, including vehicle fleet 

5 modernization, $1,753,400,000, of which $76,000,000 

6 shall remain available until September 30, 2024: Provided, 

7 That not to exceed $2,000 shall be for official reception 

8 and representation expenses. 

9 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

10 For necessary expenses of the Management Direc11 torate for procurement, construction, and improvements, 

12 $555,245,000, of which $165,245,000 shall remain avail13 able until September 30, 2025, and of which 

14 $390,000,000 shall remain available until September 30, 

15 2027. 

16 FEDERAL PROTECTIVE SERVICE

17 The revenues and collections of security fees credited 

18 to this account shall be available until expended for nec19 essary expenses related to the protection of federally 

20 owned and leased buildings and for the operations of the 

21 Federal Protective Service. 


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1 INTELLIGENCE, ANALYSIS, AND SITUATIONAL

2 AWARENESS

3 OPERATIONS AND SUPPORT

4 For necessary expenses of the Office of Intelligence 

5 and Analysis and the Office of Homeland Security Situa6 tional Awareness for operations and support, 

7 $341,159,000, of which $119,792,000 shall remain avail8 able until September 30, 2024: Provided, That not to ex9 ceed $3,825 shall be for official reception and representa10 tion expenses and not to exceed $2,000,000 is available 

11 for facility needs associated with secure space at fusion 

12 centers, including improvements to buildings. 

13 OFFICE OF THE INSPECTOR GENERAL

14 OPERATIONS AND SUPPORT

15 For necessary expenses of the Office of the Inspector 

16 General for operations and support, $214,879,000: Pro17 vided, That not less than $5,000,000 shall be used to re18 view programs and operations of the United States Secret 

19 Service: Provided further, That not to exceed $300,000 

20 may be used for certain confidential operational expenses, 

21 including the payment of informants, to be expended at 

22 the direction of the Inspector General. 

23 ADMINISTRATIVE PROVISIONS

24 SEC. 101. (a) The Secretary of Homeland Security 

25 shall submit a report not later than October 15, 2023, 


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1 to the Inspector General of the Department of Homeland 

2 Security listing all grants and contracts awarded by any 

3 means other than full and open competition during fiscal 

4 years 2022 or 2023. 

5 (b) The Inspector General shall review the report re6 quired by subsection (a) to assess departmental compli7 ance with applicable laws and regulations and report the 

8 results of that review to the Committees on Appropriations 

9 of the Senate and the House of Representatives not later 

10 than February 15, 2024. 

11 SEC. 102. Not later than 30 days after the last day 

12 of each month, the Chief Financial Officer of the Depart13 ment of Homeland Security shall submit to the Commit14 tees on Appropriations of the Senate and the House of 

15 Representatives a monthly budget and staffing report that 

16 includes total obligations of the Department for that 

17 month and for the fiscal year at the appropriation and 

18 program, project, and activity levels, by the source year 

19 of the appropriation. 

20 SEC. 103. The Secretary of Homeland Security shall 

21 require that all contracts of the Department of Homeland 

22 Security that provide award fees link such fees to success23 ful acquisition outcomes, which shall be specified in terms 

24 of cost, schedule, and performance. 


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1 SEC. 104. (a) The Secretary of Homeland Security, 

2 in consultation with the Secretary of the Treasury, shall 

3 notify the Committees on Appropriations of the Senate 

4 and the House of Representatives of any proposed trans5 fers of funds available under section 9705(g)(4)(B) of title 

6 31, United States Code, from the Department of the 

7 Treasury Forfeiture Fund to any agency within the De8 partment of Homeland Security. 

9 (b) None of the funds identified for such a transfer 

10 may be obligated until the Committees on Appropriations 

11 of the Senate and the House of Representatives are noti12 fied of the proposed transfer. 

13 SEC. 105. All official costs associated with the use 

14 of Government aircraft by Department of Homeland Secu15 rity personnel to support official travel of the Secretary 

16 and the Deputy Secretary shall be paid from amounts 

17 made available for the Office of the Secretary. 

18 SEC. 106. (a) The Under Secretary for Management 

19 shall brief the Committees on Appropriations of the Sen20 ate and the House of Representatives not later than 30 

21 days after the end of each fiscal quarter on all Level 1 

22 and Level 2 acquisition programs on the Master Acquisi23 tion Oversight list between Acquisition Decision Event 1 

24 and Full Operational Capability, including programs that 


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1 have been removed from such list during the preceding 

2 quarter. 

3 (b) For each such program without a department-ap4 proved acquisition program baseline, the briefing de5 scribed in subsection (a) shall include— 

6 (1) a description of the purpose of the program, 

7 including the capabilities being acquired and the 

8 component(s) sponsoring the acquisition; and 

9 (2) the Acquisition Review Board status, in10 cluding— 

11 (A) the current acquisition phase; 

12 (B) the date and purpose of the most re13 cent review; and 

14 (C) whether the program has been paused 

15 or is in breach status. 

16 (c) For each such program with a department-ap17 proved acquisition program baseline, the briefing de18 scribed in subsection (a) shall include— 

19 (1) a description of the purpose of the program, 

20 including the capabilities being acquired and the 

21 component(s) sponsoring the acquisition; 

22 (2) the total number of units, as appropriate, to 

23 be acquired annually until procurement is complete 

24 under the current acquisition program baseline; 


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1 (3) the Acquisition Review Board status, in2 cluding— 

3 (A) the current acquisition phase by incre4 ment, as applicable; 

5 (B) the date of the most recent review; and 

6 (C) whether the program has been paused 

7 or is in breach status; 

8 (4) a comparison between the initial Depart9 ment-approved acquisition program baseline cost, 

10 schedule, and performance thresholds and objectives 

11 and the program’s current such thresholds and ob12 jectives, if applicable; 

13 (5) the lifecycle cost estimate, including— 

14 (A) the confidence level for the estimate; 

15 (B) the fiscal years included in the esti16 mate; and 

17 (C) a description of and rationale for any 

18 changes to the estimate during the prior fiscal 

19 year; 

20 (6) a summary of the findings of any inde21 pendent verification and validation of the items to be 

22 acquired or an explanation for why no such 

23 verification and validation has been performed; 

24 (7) a table displaying the obligation of all pro25 gram funds by prior fiscal year, the estimated obliVerDate Sep 11 2014 00:02 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4678.IS S4678

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1 gation of funds for the current fiscal year, and an 

2 estimate for the planned carryover of funds into the 

3 subsequent fiscal year; 

4 (8) a listing of prime contractors and major 

5 subcontractors; and 

6 (9) narrative descriptions of risks to cost, 

7 schedule, or performance that could result in a pro8 gram breach if not successfully mitigated. 

9 (d) The Under Secretary for Management shall sub10 mit each approved Acquisition Decision Memoranda for 

11 programs described in this section to the Committees on 

12 Appropriations of the Senate and the House of Represent13 atives not later than 5 business days after the date of ap14 proval of such memorandum by the Under Secretary for 

15 Management or the designee of the Under Secretary. 

16 SEC. 107. (a) None of the funds made available to 

17 the Department of Homeland Security in this Act may be 

18 obligated for any pilot or demonstration program unless 

19 the component or office carrying out such pilot or dem20 onstration has documented the information described in 

21 subsection (c). 

22 (b) Prior to the obligation of any such funds made 

23 available for ‘‘Operations and Support’’ for a pilot or dem24 onstration, the Under Secretary for Management shall 

25 provide a report to the Committees on Appropriations of 


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1 the Senate and the House of Representatives on the infor2 mation described in subsection (c). 

3 (c) The information required under subsections (a) 

4 and (b) for a pilot or demonstration shall include the fol5 lowing— 

6 (1) documented objectives that are well-defined 

7 and measurable; 

8 (2) an assessment methodology that details— 

9 (A) the type and source of assessment 

10 data; 

11 (B) the methods for, and frequency of, col12 lecting such data; and 

13 (C) how such data will be analyzed; and 

14 (3) an implementation plan, including mile15 stones, cost estimates, and implementation sched16 ules, including a projected end date. 

17 (d) Not later than 90 days after the date of comple18 tion of a pilot or demonstration, the Under Secretary for 

19 Management shall provide a report to the Committees on 

20 Appropriations of the Senate and the House of Represent21 atives detailing lessons learned, actual costs, any planned 

22 expansion or continuation of the pilot or demonstration, 

23 and any planned transition of such pilot or demonstration 

24 into an enduring program or operation. 


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1 (e) For the purposes of this section, a pilot or dem2 onstration program is a study, demonstration, experi3 mental program, or trial that— 

4 (1) is an experiment conducted in order to 

5 evaluate feasibility, duration, costs, or adverse 

6 events, and improve upon the design of an effort 

7 prior to implementation of a larger scale effort; and 

8 (2) uses more than 10 full-time equivalents or 

9 obligates, or proposes to obligate, $5,000,000 or 

10 more, but does not include congressionally directed 

11 programs or enhancements and does not include pro12 grams that were in operation as of March 15, 2022. 


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1 TITLE II 

2 SECURITY, ENFORCEMENT, AND 

3 INVESTIGATIONS 

4 U.S. CUSTOMS AND BORDER PROTECTION

5 OPERATIONS AND SUPPORT

6 (INCLUDING TRANSFER OF FUNDS)

7 For necessary expenses of U.S. Customs and Border 

8 Protection for operations and support, including the trans9 portation of unaccompanied alien minors; the provision of 

10 air and marine support to Federal, State, local, and inter11 national agencies in the enforcement or administration of 

12 laws enforced by the Department of Homeland Security; 

13 at the discretion of the Secretary of Homeland Security, 

14 the provision of such support to Federal, State, and local 

15 agencies in other law enforcement and emergency humani16 tarian efforts; the purchase and lease of up to 7,500 

17 (6,500 for replacement only) police-type vehicles; the pur18 chase, maintenance, or operation of marine vessels, air19 craft, and unmanned aerial systems; and contracting with 

20 individuals for personal services abroad; $15,515,296,000; 

21 of which $3,274,000 shall be derived from the Harbor 

22 Maintenance Trust Fund for administrative expenses re23 lated to the collection of the Harbor Maintenance Fee pur24 suant to section 9505(c)(3) of the Internal Revenue Code 

25 of 1986 (26 U.S.C. 9505(c)(3)) and notwithstanding secVerDate Sep 11 2014 00:02 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S4678.IS S4678

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1 tion 1511(e)(1) of the Homeland Security Act of 2002 (6 

2 U.S.C. 551(e)(1)); of which $700,000,000 shall be avail3 able until September 30, 2024; and of which such sums 

4 as become available in the Customs User Fee Account, ex5 cept sums subject to section 13031(f)(3) of the Consoli6 dated Omnibus Budget Reconciliation Act of 1985 (19 

7 U.S.C. 58c(f)(3)), shall be derived from that account: Pro8 vided, That not to exceed $34,425 shall be for official re9 ception and representation expenses: Provided further, 

10 That not to exceed $150,000 shall be available for pay11 ment for rental space in connection with preclearance op12 erations: Provided further, That not to exceed $2,000,000 

13 shall be for awards of compensation to informants, to be 

14 accounted for solely under the certificate of the Secretary 

15 of Homeland Security: Provided further, That not to ex16 ceed $5,000,000 may be transferred to the Bureau of In17 dian Affairs for the maintenance and repair of roads on 

18 Native American reservations used by the U.S. Border Pa19 trol. 

20 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

21 For necessary expenses of U.S. Customs and Border 

22 Protection for procurement, construction, and improve23 ments, including procurement of marine vessels, aircraft, 

24 and unmanned aerial systems, $548,975,000, of which 

25 $177,009,000 shall remain available until September 30, 


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1 2025; and of which $371,966,000 shall remain available 

2 until September 30, 2027. 

3 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

4 OPERATIONS AND SUPPORT

5 (INCLUDING TRANSFER OF FUNDS)

6 For necessary expenses of U.S. Immigration and 

7 Customs Enforcement for operations and support, includ8 ing the purchase and lease of up to 3,790 (2,350 for re9 placement only) police-type vehicles; overseas vetted units; 

10 and maintenance, minor construction, and minor leasehold 

11 improvements at owned and leased facilities; 

12 $8,038,280,000; of which not less than $6,000,000 shall 

13 remain available until expended for efforts to enforce laws 

14 against forced child labor; of which $46,696,000 shall re15 main available until September 30, 2024; of which not less 

16 than $1,500,000 is for paid apprenticeships for partici17 pants in the Human Exploitation Rescue Operative Child18 Rescue Corps; of which not less than $15,000,000 shall 

19 be available for investigation of intellectual property rights 

20 violations, including operation of the National Intellectual 

21 Property Rights Coordination Center; and of which not 

22 less than $3,663,384,000 shall be for enforcement, deten23 tion, and removal operations, including transportation of 

24 unaccompanied alien minors: Provided, That not to exceed 

25 $11,475 shall be for official reception and representation 


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1 expenses: Provided further, That not to exceed 

2 $10,000,000 shall be available until expended for con3 ducting special operations under section 3131 of the Cus4 toms Enforcement Act of 1986 (19 U.S.C. 2081): Pro5 vided further, That not to exceed $2,000,000 shall be for 

6 awards of compensation to informants, to be accounted 

7 for solely under the certificate of the Secretary of Home8 land Security: Provided further, That $15,000,000, to re9 main available until September 30, 2024, shall be trans10 ferred to ‘‘Health and Human Services—Administration 

11 for Children and Families—Refugee and Entrant Assist12 ance’’ for an Asylum Seeker Case Management Test Pro13 gram: Provided further, That not to exceed $11,216,000 

14 shall be available to fund or reimburse other Federal agen15 cies for the costs associated with the care, maintenance, 

16 and repatriation of smuggled aliens unlawfully present in 

17 the United States. 

18 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

19 For necessary expenses of U.S. Immigration and 

20 Customs Enforcement for procurement, construction, and 

21 improvements, $100,762,000, of which $22,997,000 shall 

22 remain available until September 30, 2025, and of which 

23 $77,765,000 shall remain available until September 30, 

24 2027. 


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1 TRANSPORTATION SECURITY ADMINISTRATION

2 OPERATIONS AND SUPPORT

3 For necessary expenses of the Transportation Secu4 rity Administration for operations and support, 

5 $8,677,075,000, to remain available until September 30, 

6 2024: Provided, That not to exceed $7,650 shall be for 

7 official reception and representation expenses: Provided 

8 further, That security service fees authorized under section 

9 44940 of title 49, United States Code, shall be credited 

10 to this appropriation as offsetting collections and shall be 

11 available only for aviation security: Provided further, That 

12 the sum appropriated under this heading from the general 

13 fund shall be reduced on a dollar-for-dollar basis as such 

14 offsetting collections are received during fiscal year 2023 

15 so as to result in a final fiscal year appropriation from 

16 the general fund estimated at not more than 

17 $6,187,075,000. 

18 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

19 For necessary expenses of the Transportation Secu20 rity Administration for procurement, construction, and 

21 improvements, $119,345,000, to remain available until 

22 September 30, 2025. 

23 RESEARCH AND DEVELOPMENT

24 For necessary expenses of the Transportation Secu25 rity Administration for research and development, 


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1 $33,532,000, to remain available until September 30, 

2 2024. 

3 COAST GUARD

4 OPERATIONS AND SUPPORT

5 For necessary expenses of the Coast Guard for oper6 ations and support including the Coast Guard Reserve; 

7 purchase or lease of not to exceed 25 passenger motor ve8 hicles, which shall be for replacement only; purchase or 

9 lease of small boats for contingent and emergent require10 ments (at a unit cost of not more than $700,000) and 

11 repairs and service-life replacements, not to exceed a total 

12 of $31,000,000; purchase, lease, or improvements of boats 

13 necessary for overseas deployments and activities; pay14 ments pursuant to section 156 of Public Law 97–377 (42 

15 U.S.C. 402 note; 96 Stat. 1920); and recreation and wel16 fare; $9,698,639,000, of which $530,000,000 shall be for 

17 defense-related activities; of which $24,500,000 shall be 

18 derived from the Oil Spill Liability Trust Fund to carry 

19 out the purposes of section 1012(a)(5) of the Oil Pollution 

20 Act of 1990 (33 U.S.C. 2712(a)(5)); of which $5,000,000 

21 shall remain available until September 30, 2025; of which 

22 $24,359,000 shall remain available until September 30, 

23 2027, for environmental compliance and restoration; and 

24 of which $70,000,000 shall remain available until Sep25 tember 30, 2024, which shall only be available for vessel 


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1 depot level maintenance: Provided, That not to exceed 

2 $23,000 shall be for official reception and representation 

3 expenses. 

4 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

5 For necessary expenses of the Coast Guard for pro6 curement, construction, and improvements, including aids 

7 to navigation, shore facilities (including facilities at De8 partment of Defense installations used by the Coast 

9 Guard), and vessels and aircraft, including equipment re10 lated thereto, $1,925,510,000, to remain available until 

11 September 30, 2027; of which $20,000,000 shall be de12 rived from the Oil Spill Liability Trust Fund to carry out 

13 the purposes of section 1012(a)(5) of the Oil Pollution Act 

14 of 1990 (33 U.S.C. 2712(a)(5)). 

15 RESEARCH AND DEVELOPMENT

16 For necessary expenses of the Coast Guard for re17 search and development; and for maintenance, rehabilita18 tion, lease, and operation of facilities and equipment; 

19 $7,476,000, to remain available until September 30, 2025, 

20 of which $500,000 shall be derived from the Oil Spill Li21 ability Trust Fund to carry out the purposes of section 

22 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 

23 2712(a)(5)): Provided, That there may be credited to and 

24 used for the purposes of this appropriation funds received 

25 from State and local governments, other public authoriVerDate Sep 11 2014 00:02 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S4678.IS S4678

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1 ties, private sources, and foreign countries for expenses 

2 incurred for research, development, testing, and evalua3 tion. 

4 RETIRED PAY

5 For retired pay, including the payment of obligations 

6 otherwise chargeable to lapsed appropriations for this pur7 pose, payments under the Retired Serviceman’s Family 

8 Protection and Survivor Benefits Plans, payment for ca9 reer status bonuses, payment of continuation pay under 

10 section 356 of title 37, United States Code, concurrent 

11 receipts, combat-related special compensation, and pay12 ments for medical care of retired personnel and their de13 pendents under chapter 55 of title 10, United States Code, 

14 $2,044,414,000, to remain available until expended. 

15 UNITED STATES SECRET SERVICE

16 OPERATIONS AND SUPPORT

17 For necessary expenses of the United States Secret 

18 Service for operations and support, including purchase of 

19 not to exceed 652 vehicles for police-type use; hire of pas20 senger motor vehicles; purchase of motorcycles made in 

21 the United States; hire of aircraft; rental of buildings in 

22 the District of Columbia; fencing, lighting, guard booths, 

23 and other facilities on private or other property not in 

24 Government ownership or control, as may be necessary to 

25 perform protective functions; conduct of and participation 


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1 in firearms matches; presentation of awards; conduct of 

2 behavioral research in support of protective intelligence 

3 and operations; payment in advance for commercial ac4 commodations as may be necessary to perform protective 

5 functions; and payment, without regard to section 5702 

6 of title 5, United States Code, of subsistence expenses of 

7 employees who are on protective missions, whether at or 

8 away from their duty stations; $2,652,010,000; of which 

9 $52,296,000 shall remain available until September 30, 

10 2024, and of which $6,000,000 shall be for a grant for 

11 activities related to investigations of missing and exploited 

12 children; and of which up to $17,000,000 may be for cal13 endar year 2022 premium pay in excess of the annual 

14 equivalent of the limitation on the rate of pay contained 

15 in section 5547(a) of title 5, United States Code, pursuant 

16 to section 2 of the Overtime Pay for Protective Services 

17 Act of 2016 (5 U.S.C. 5547 note), as last amended by 

18 Public Law 116–269: Provided, That not to exceed 

19 $19,125 shall be for official reception and representation 

20 expenses: Provided further, That not to exceed $100,000 

21 shall be to provide technical assistance and equipment to 

22 foreign law enforcement organizations in criminal inves23 tigations within the jurisdiction of the United States Se24 cret Service. 


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1 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

2 For necessary expenses of the United States Secret 

3 Service for procurement, construction, and improvements, 

4 $77,888,000, to remain available until September 30, 

5 2025. 

6 RESEARCH AND DEVELOPMENT

7 For necessary expenses of the United States Secret 

8 Service for research and development, $4,025,000, to re9 main available until September 30, 2024. 

10 ADMINISTRATIVE PROVISIONS

11 SEC. 201. Section 201 of the Department of Home12 land Security Appropriations Act, 2018 (division F of 

13 Public Law 115–141), related to overtime compensation 

14 limitations, shall apply with respect to funds made avail15 able in this Act in the same manner as such section ap16 plied to funds made available in that Act, except that ‘‘fis17 cal year 2023’’ shall be substituted for ‘‘fiscal year 2018’’. 

18 SEC. 202. Funding made available under the head19 ings ‘‘U.S. Customs and Border Protection—Operations 

20 and Support’’ and ‘‘U.S. Customs and Border Protec21 tion—Procurement, Construction, and Improvements’’ 

22 shall be available for customs expenses when necessary to 

23 maintain operations and prevent adverse personnel actions 

24 in Puerto Rico and the U.S. Virgin Islands, in addition 


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1 to funding provided by sections 740 and 1406i of title 48, 

2 United States Code. 

3 SEC. 203. As authorized by section 601(b) of the 

4 United States-Colombia Trade Promotion Agreement Im5 plementation Act (Public Law 112–42), fees collected 

6 from passengers arriving from Canada, Mexico, or an ad7 jacent island pursuant to section 13031(a)(5) of the Con8 solidated Omnibus Budget Reconciliation Act of 1985 (19 

9 U.S.C. 58c(a)(5)) shall be available until expended. 

10 SEC. 204. (a) For an additional amount for ‘‘U.S. 

11 Customs and Border Protection—Operations and Sup12 port’’, $31,000,000, to remain available until expended, 

13 to be reduced by amounts collected and credited to this 

14 appropriation in fiscal year 2023 from amounts authorized 

15 to be collected by section 286(i) of the Immigration and 

16 Nationality Act (8 U.S.C. 1356(i)), section 10412 of the 

17 Farm Security and Rural Investment Act of 2002 (7 

18 U.S.C. 8311), and section 817 of the Trade Facilitation 

19 and Trade Enforcement Act of 2015 (Public Law 114– 

20 125), or other such authorizing language. 

21 (b) To the extent that amounts realized from such 

22 collections exceed $31,000,000, those amounts in excess 

23 of $31,000,000 shall be credited to this appropriation, to 

24 remain available until expended. 


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1 SEC. 205. None of the funds made available in this 

2 Act for U.S. Customs and Border Protection may be used 

3 to prevent an individual not in the business of importing 

4 a prescription drug (within the meaning of section 801(g) 

5 of the Federal Food, Drug, and Cosmetic Act) from im6 porting a prescription drug from Canada that complies 

7 with the Federal Food, Drug, and Cosmetic Act: Provided, 

8 That this section shall apply only to individuals trans9 porting on their person a personal-use quantity of the pre10 scription drug, not to exceed a 90-day supply: Provided 

11 further, That the prescription drug may not be— 

12 (1) a controlled substance, as defined in section 

13 102 of the Controlled Substances Act (21 U.S.C. 

14 802); or 

15 (2) a biological product, as defined in section 

16 351 of the Public Health Service Act (42 U.S.C. 

17 262). 

18 SEC. 206. (a) Notwithstanding any other provision 

19 of law, none of the funds provided in this or any other 

20 Act shall be used to approve a waiver of the navigation 

21 and vessel-inspection laws pursuant to section 501(b) of 

22 title 46, United States Code, for the transportation of 

23 crude oil distributed from and to the Strategic Petroleum 

24 Reserve until the Secretary of Homeland Security, after 

25 consultation with the Secretaries of the Departments of 


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1 Energy and Transportation and representatives from the 

2 United States flag maritime industry, takes adequate 

3 measures to ensure the use of United States flag vessels. 

4 (b) The Secretary shall notify the Committees on Ap5 propriations of the Senate and the House of Representa6 tives, the Committee on Commerce, Science, and Trans7 portation of the Senate, and the Committee on Transpor8 tation and Infrastructure of the House of Representatives 

9 within 2 business days of any request for waivers of navi10 gation and vessel-inspection laws pursuant to section 

11 501(b) of title 46, United States Code, with respect to 

12 such transportation, and the disposition of such requests. 

13 SEC. 207. (a) Beginning on the date of enactment 

14 of this Act, the Secretary of Homeland Security shall 

15 not— 

16 (1) establish, collect, or otherwise impose any 

17 new border crossing fee on individuals crossing the 

18 Southern border or the Northern border at a land 

19 port of entry; or 

20 (2) conduct any study relating to the imposition 

21 of a border crossing fee. 

22 (b) In this section, the term ‘‘border crossing fee’’ 

23 means a fee that every pedestrian, cyclist, and driver and 

24 passenger of a private motor vehicle is required to pay 


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1 for the privilege of crossing the Southern border or the 

2 Northern border at a land port of entry. 

3 SEC. 208. (a) Not later than 90 days after the date 

4 of enactment of this Act, the Secretary of Homeland Secu5 rity shall submit an expenditure plan for any amounts 

6 made available for ‘‘U.S. Customs and Border Protec7 tion—Procurement, Construction, and Improvements’’ in 

8 this Act and prior Acts to the Committees on Appropria9 tions of the Senate and the House of Representatives. 

10 (b) No such amounts may be obligated prior to the 

11 submission of such plan. 

12 SEC. 209. Section 211 of the Department of Home13 land Security Appropriations Act, 2021 (division F of 

14 Public Law 116–260), prohibiting the use of funds for the 

15 construction of fencing in certain areas, shall apply with 

16 respect to funds made available in this Act in the same 

17 manner as such section applied to funds made available 

18 in that Act. 

19 SEC. 210. (a) The unobligated balances of amounts 

20 specified in paragraphs (1) through (5) of section 230(a) 

21 of division F of the Consolidated Appropriations Act, 2018 

22 (Public Law 115–141), section 230(a)(1) of division A of 

23 the Consolidated Appropriations Act, 2019 (Public Law 

24 116–6), section 209(a)(1) of division D of the Consoli25 dated Appropriations Act, 2020 (Public Law 116–93), and 


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1 section 210 of division F of the Consolidated Appropria2 tions Act, 2021 (Public Law 116–260) shall, in addition 

3 to the purposes for which they were originally appro4 priated, be available for— 

5 (1) the construction and improvement of roads 

6 along the southwest border; 

7 (2) control of vegetation along the southwest 

8 border that creates obstacles to the detection of ille9 gal entry; 

10 (3) remediation and environmental mitigation, 

11 including scientific studies, related to border barrier 

12 construction, including barrier construction under13 taken by the Department of Defense; and 

14 (4) the acquisition and deployment of border se15 curity technology at and between ports of entry 

16 along the southwest border. 

17 (b) Amounts repurposed by this section shall be in 

18 addition to any other amounts made available for such 

19 purposes. 

20 SEC. 211. The Secretary of Homeland Security may 

21 transfer up to $200,000,000 in unobligated balances avail22 able from prior appropriations Acts under the heading 

23 ‘‘U.S. Customs and Border Protection—Procurement, 

24 Construction, and Improvements’’ to the Department of 

25 the Interior (including any agency or bureau within the 


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1 Department of the Interior) or the Forest Service within 

2 the Department of Agriculture for the execution of envi3 ronmental and other mitigation projects or activities, in4 cluding the acquisition of land and scientific studies, re5 lated to the construction of border barriers on the south6 west border during fiscal years 2017 through 2021 by 

7 U.S. Customs and Border Protection and the Department 

8 of Defense. 

9 SEC. 212. Section 230(b) of division F of the Consoli10 dated Appropriations Act, 2018 (Public Law 115–141), 

11 section 230(b) of division A of the Consolidated Appro12 priations Act, 2019 (Public Law 116–6), section 209(b) 

13 of division D of the Consolidated Appropriations Act, 

14 (Public Law 116–93) (including with respect to section 

15 210 of division F of the Consolidated Appropriations Act, 

16 2021 (Public Law 116–260)) shall no longer apply. 

17 SEC. 213. (a) Funds made available in this Act may 

18 be used to alter operations within the National Targeting 

19 Center of U.S. Customs and Border Protection. 

20 (b) None of the funds provided by this Act, provided 

21 by previous appropriations Acts that remain available for 

22 obligation or expenditure in fiscal year 2023, or provided 

23 from any accounts in the Treasury of the United States 

24 derived by the collection of fees available to the compo25 nents funded by this Act, may be used to reduce anticiVerDate Sep 11 2014 00:02 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S4678.IS S4678

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1 pated or planned vetting operations at existing locations 

2 unless specifically authorized by a statute enacted after 

3 the date of enactment of this Act. 

4 SEC. 214. None of the funds provided under the 

5 heading ‘‘U.S. Immigration and Customs Enforcement— 

6 Operations and Support’’ may be used to continue a dele7 gation of law enforcement authority authorized under sec8 tion 287(g) of the Immigration and Nationality Act (8 

9 U.S.C. 1357(g)) if the Department of Homeland Security 

10 Inspector General determines that the terms of the agree11 ment governing the delegation of authority have been ma12 terially violated. 

13 SEC. 215. (a) None of the funds provided under the 

14 heading ‘‘U.S. Immigration and Customs Enforcement— 

15 Operations and Support’’ may be used to continue any 

16 contract for the provision of detention services if the two 

17 most recent overall performance evaluations received by 

18 the contracted facility are less than ‘‘adequate’’ or the 

19 equivalent median score in any subsequent performance 

20 evaluation system. 

21 (b) The performance evaluations referenced in sub22 section (a) shall be conducted by the U.S. Immigration 

23 and Customs Enforcement Office of Professional Respon24 sibility. 


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1 SEC. 216. The reports required to be submitted under 

2 section 216 of the Department of Homeland Security Ap3 propriations Act, 2021 (division F of Public Law 116– 

4 260) shall continue to be submitted semimonthly and each 

5 matter required to be included in such report by such sec6 tion 216 shall apply in the same manner and to the same 

7 extent during the period described in this section. 

8 SEC. 217. The terms and conditions of sections 216 

9 and 217 of the Department of Homeland Security Appro10 priations Act, 2020 (division D of Public Law 116–93) 

11 shall apply to this Act. 

12 SEC. 218. (a) None of the funds provided under the 

13 heading ‘‘U.S. Immigration and Customs Enforcement— 

14 Operations and Support’’ may be used to engage in civil 

15 immigration enforcement activities, such as arrests, expul16 sions, custodial detention, removals, or referrals, proc17 essing, or issuance of charging documents, using Home18 land Security Investigations personnel, resources, or capa19 bilities, absent probable cause that the individual facing 

20 such enforcement action has been convicted of a criminal 

21 offense, excluding State, local, or Federal offenses for 

22 which an essential element was the noncitizen’s immigra23 tion status. 

24 (b) For the purposes of this section, criminal offenses 

25 for which an essential element was the noncitizen’s immiVerDate Sep 11 2014 00:02 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S4678.IS S4678

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1 gration status includes, but is not limited to, offenses iden2 tified in sections 264, 266(a) or (b), 275, or 276 of the 

3 Immigration and Nationality Act and State and local of4 fenses for which an essential element was the noncitizen’s 

5 immigration status. 

6 SEC. 219. Not later than 60 days after the date of 

7 enactment of this Act, the Director shall ensure that all 

8 persons who come into the custody of U.S. Immigration 

9 and Customs Enforcement, undergo an individualized as10 sessment examining the necessity of continued detention 

11 within 30 days of coming into such custody: Provided, 

12 That for the purpose of such assessment, adjudicating of13 ficers shall consider a continuum of custody options, which 

14 may include a combination of legal or physical custody op15 tions, including, but not limited to, release on recognizance 

16 or supervision, conditions on release, release, and alter17 natives to detention programs, and shall consider whether 

18 the person represents a specific danger to the public or 

19 a serious risk of flight: Provided further, That after full 

20 consideration as described above, and notwithstanding any 

21 other provision of law, adjudicating officers shall select the 

22 least restrictive form of custody: Provided further, That 

23 for the purposes of this section, custody shall mean either 

24 legal or physical custody of the person that is a restraint 

25 on liberty not shared by the public generally, including 


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1 conditions on release, restrictions on liberty, reporting re2 quirements, and other methods, but does not necessarily 

3 mean detention. 

4 SEC. 220. Members of the United States House of 

5 Representatives and the United States Senate, including 

6 the leadership; the heads of Federal agencies and commis7 sions, including the Secretary, Deputy Secretary, Under 

8 Secretaries, and Assistant Secretaries of the Department 

9 of Homeland Security; the United States Attorney Gen10 eral, Deputy Attorney General, Assistant Attorneys Gen11 eral, and the United States Attorneys; and senior mem12 bers of the Executive Office of the President, including 

13 the Director of the Office of Management and Budget, 

14 shall not be exempt from Federal passenger and baggage 

15 screening. 

16 SEC. 221. Any award by the Transportation Security 

17 Administration to deploy explosives detection systems 

18 shall be based on risk, the airport’s current reliance on 

19 other screening solutions, lobby congestion resulting in in20 creased security concerns, high injury rates, airport readi21 ness, and increased cost effectiveness. 

22 SEC. 222. Notwithstanding section 44923 of title 49, 

23 United States Code, for fiscal year 2023, any funds in 

24 the Aviation Security Capital Fund established by section 

25 44923(h) of title 49, United States Code, may be used 


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1 for the procurement and installation of explosives detec2 tion systems or for the issuance of other transaction agree3 ments for the purpose of funding projects described in sec4 tion 44923(a) of such title. 

5 SEC. 223. Not later than 30 days after the submis6 sion of the President’s budget proposal, the Administrator 

7 of the Transportation Security Administration shall sub8 mit to the Committees on Appropriations and Commerce, 

9 Science, and Transportation of the Senate and the Com10 mittees on Appropriations and Homeland Security in the 

11 House of Representatives a single report that fulfills the 

12 following requirements: 

13 (1) a Capital Investment Plan that includes a 

14 plan for continuous and sustained capital investment 

15 in new, and the replacement of aged, transportation 

16 security equipment; 

17 (2) the 5-year technology investment plan as re18 quired by section 1611 of title XVI of the Homeland 

19 Security Act of 2002, as amended by section 3 of 

20 the Transportation Security Acquisition Reform Act 

21 (Public Law 113–245); and 

22 (3) the Advanced Integrated Passenger Screen23 ing Technologies report as required by the Senate 

24 Report accompanying the Department of Homeland 


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1 Security Appropriations Act, 2019 (Senate Report 

2 115–283). 

3 SEC. 224. (a) None of the funds made available by 

4 this Act under the heading ‘‘Coast Guard—Operations 

5 and Support’’ shall be for expenses incurred for rec6 reational vessels under section 12114 of title 46, United 

7 States Code, except to the extent fees are collected from 

8 owners of yachts and credited to the appropriation made 

9 available by this Act under the heading ‘‘Coast Guard— 

10 Operations and Support’’. 

11 (b) To the extent such fees are insufficient to pay 

12 expenses of recreational vessel documentation under such 

13 section 12114, and there is a backlog of recreational vessel 

14 applications, personnel performing non-recreational vessel 

15 documentation functions under subchapter II of chapter 

16 121 of title 46, United States Code, may perform docu17 mentation under section 12114. 

18 SEC. 225. Without regard to the limitation as to time 

19 and condition of section 503(d) of this Act, after June 

20 30, in accordance with the notification requirement de21 scribed in subsection (b) of such section, up to the fol22 lowing amounts may be reprogrammed within ‘‘Coast 

23 Guard—Operations and Support’’— 

24 (1) $10,000,000 to or from the ‘‘Military Per25 sonnel’’ funding category; and 


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1 (2) $10,000,000 between the ‘‘Field Oper2 ations’’ funding subcategories. 

3 SEC. 226. Notwithstanding any other provision of 

4 law, the Commandant of the Coast Guard shall submit 

5 to the Committees on Appropriations of the Senate and 

6 the House of Representatives a future-years capital invest7 ment plan as described in the second proviso under the 

8 heading ‘‘Coast Guard—Acquisition, Construction, and 

9 Improvements’’ in the Department of Homeland Security 

10 Appropriations Act, 2015 (Public Law 114–4), which shall 

11 be subject to the requirements in the third and fourth pro12 visos under such heading. 

13 SEC. 227. Of the funds made available for defense14 related activities under the heading ‘‘Coast Guard—Oper15 ations and Support’’, up to $190,000,000 that are used 

16 for enduring overseas missions in support of the global 

17 fight against terrorism may be reallocated by program, 

18 project, and activity, notwithstanding section 503 of this 

19 Act. 

20 SEC. 228. None of the funds in this Act shall be used 

21 to reduce the Coast Guard’s legacy Operations Systems 

22 Center mission or its government-employed or contract 

23 staff levels. 

24 SEC. 229. None of the funds appropriated by this Act 

25 may be used to conduct, or to implement the results of, 


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1 a competition under Office of Management and Budget 

2 Circular A–76 for activities performed with respect to the 

3 Coast Guard National Vessel Documentation Center. 

4 SEC. 230. Funds made available in this Act may be 

5 used to alter operations within the Civil Engineering Pro6 gram of the Coast Guard nationwide, including civil engi7 neering units, facilities design and construction centers, 

8 maintenance and logistics commands, and the Coast 

9 Guard Academy, except that none of the funds provided 

10 in this Act may be used to reduce operations within any 

11 civil engineering unit unless specifically authorized by a 

12 statute enacted after the date of enactment of this Act. 

13 SEC. 231. Amounts deposited into the Coast Guard 

14 Housing Fund in fiscal year 2023 shall be available until 

15 expended to carry out the purposes of section 2946 of title 

16 14, United States Code, and shall be in addition to funds 

17 otherwise available for such purposes. 

18 SEC. 232. (a) Notwithstanding section 2110 of title 

19 46, United States Code, none of the funds made available 

20 in this Act shall be used to charge a fee for an inspection 

21 of a towing vessel, as defined in 46 CFR 136.110, that 

22 utilizes the Towing Safety Management System option for 

23 a Certificate of Inspection issued under subchapter M of 

24 title 46, Code of Federal Regulations. 


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1 (b) Subsection (a) shall not apply after the date the 

2 Commandant of the Coast Guard makes a determination 

3 under section 815(a) of the Frank LoBiondo Coast Guard 

4 Authorization Act of 2018 (Public Law 115–282) and, as 

5 necessary based on such determination, carries out the re6 quirements of section 815(b) of such Act. 

7 SEC. 233. The United States Secret Service is au8 thorized to obligate funds in anticipation of reimburse9 ments from executive agencies, as defined in section 105 

10 of title 5, United States Code, for personnel receiving 

11 training sponsored by the James J. Rowley Training Cen12 ter, except that total obligations at the end of the fiscal 

13 year shall not exceed total budgetary resources available 

14 under the heading ‘‘United States Secret Service—Oper15 ations and Support’’ at the end of the fiscal year. 

16 SEC. 234. (a) None of the funds made available to 

17 the United States Secret Service by this Act or by previous 

18 appropriations Acts may be made available for the protec19 tion of the head of a Federal agency other than the Sec20 retary of Homeland Security. 

21 (b) The Director of the United States Secret Service 

22 may enter into agreements to provide such protection on 

23 a fully reimbursable basis. 


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1 SEC. 235. For purposes of section 503(a)(3) of this 

2 Act, up to $15,000,000 may be reprogrammed within 

3 ‘‘United States Secret Service—Operations and Support’’. 

4 SEC. 236. Funding made available in this Act for 

5 ‘‘United States Secret Service—Operations and Support’’ 

6 is available for travel of United States Secret Service em7 ployees on protective missions without regard to the limi8 tations on such expenditures in this or any other Act if 

9 the Director of the United States Secret Service or a des10 ignee notifies the Committees on Appropriations of the 

11 Senate and the House of Representatives 10 or more days 

12 in advance, or as early as practicable, prior to such ex13 penditures. 

14 SEC. 237. Of the amounts made available by this Act 

15 under the heading ‘‘United States Secret Service—Oper16 ations and Support’’, $9,500,000, to remain available 

17 until expended, shall be distributed as a grant or coopera18 tive agreement for existing National Computer Forensics 

19 Institute facilities currently used by the United States Se20 cret Service to carry out activities under section 383 of 

21 title 6, United States Code, of which not to exceed 5 per22 cent, or the applicable negotiated rate, shall be for the ad23 ministrative costs of the Department of Homeland Secu24 rity in carrying out this section. 


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1 TITLE III 

2 PROTECTION, PREPAREDNESS, RESPONSE, AND 

3 RECOVERY 

4 CYBERSECURITY AND INFRASTRUCTURE SECURITY

5 AGENCY

6 OPERATIONS AND SUPPORT

7 For necessary expenses of the Cybersecurity and In8 frastructure Security Agency for operations and support, 

9 $2,324,925,000, of which $36,293,000 shall remain avail10 able until September 30, 2024: Provided, That not to ex11 ceed $3,825 shall be for official reception and representa12 tion expenses. 

13 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

14 For necessary expenses of the Cybersecurity and In15 frastructure Security Agency for procurement, construc16 tion, and improvements, $582,994,000, to remain avail17 able until September 30, 2025. 

18 RESEARCH AND DEVELOPMENT

19 For necessary expenses of the Cybersecurity and In20 frastructure Security Agency for research and develop21 ment, $3,931,000, to remain available until September 30, 

22 2024. 


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1 FEDERAL EMERGENCY MANAGEMENT AGENCY

2 OPERATIONS AND SUPPORT

3 For necessary expenses of the Federal Emergency 

4 Management Agency for operations and support, 

5 $1,530,713,000: Provided, That not to exceed $2,250 shall 

6 be for official reception and representation expenses. 

7 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

8 For necessary expenses of the Federal Emergency 

9 Management Agency for procurement, construction, and 

10 improvements, $188,919,000, of which $122,025,000 

11 shall remain available until September 30, 2025, and of 

12 which $66,894,000 shall remain available until September 

13 30, 2027. 

14 FEDERAL ASSISTANCE

15 (INCLUDING TRANSFER OF FUNDS)

16 For activities of the Federal Emergency Management 

17 Agency for Federal assistance through grants, contracts, 

18 cooperative agreements, and other activities, 

19 $3,875,619,000, which shall be allocated as follows: 

20 (1) $510,000,000 for the State Homeland Secu21 rity Grant Program under section 2004 of the 

22 Homeland Security Act of 2002 (6 U.S.C. 605), of 

23 which $90,000,000 shall be for Operation 

24 Stonegarden and $15,000,000 shall be for Tribal 

25 Homeland Security Grants under section 2005 of 


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1 the Homeland Security Act of 2002 (6 U.S.C. 606): 

2 Provided, That notwithstanding subsection (c)(4) of 

3 such section 2004, for fiscal year 2023, the Com4 monwealth of Puerto Rico shall make available to 

5 local and tribal governments amounts provided to 

6 the Commonwealth of Puerto Rico under this para7 graph in accordance with subsection (c)(1) of such 

8 section 2004. 

9 (2) $605,000,000 for the Urban Area Security 

10 Initiative under section 2003 of the Homeland Secu11 rity Act of 2002 (6 U.S.C. 604). 

12 (3) $360,000,000 is for the Nonprofit Security 

13 Grant Program under sections 2003 and 2004 of the 

14 Homeland Security Act of 2002 (6 U.S.C. 604 and 

15 605), of which $180,000,000 is for eligible recipients 

16 located in high-risk urban areas that receive funding 

17 under section 2003 of such Act, and $180,000,000 

18 is for eligible recipients that are located outside such 

19 areas: Provided, That eligible recipients are those 

20 described in section 2009(b) of such Act (6 U.S.C. 

21 609a(b)) or are an otherwise eligible recipient at risk 

22 of a terrorist or other extremist attack. 

23 (4) $105,000,000 for Public Transportation Se24 curity Assistance, Railroad Security Assistance, and 

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1 tions 1406, 1513, and 1532 of the Implementing 

2 Recommendations of the 9/11 Commission Act of 

3 2007 (6 U.S.C. 1135, 1163, and 1182), of which 

4 $10,000,000 shall be for Amtrak security and 

5 $2,000,000 shall be for Over-the-Road Bus Security: 

6 Provided, That such public transportation security 

7 assistance shall be provided directly to public trans8 portation agencies. 

9 (5) $100,000,000 for Port Security Grants in 

10 accordance with section 70107 of title 46, United 

11 States Code. 

12 (6) $740,000,000, to remain available until 

13 September 30, 2024, of which $370,000,000 shall be 

14 for Assistance to Firefighter Grants and 

15 $370,000,000 shall be for Staffing for Adequate 

16 Fire and Emergency Response Grants under sec17 tions 33 and 34, respectively, of the Federal Fire 

18 Prevention and Control Act of 1974 (15 U.S.C. 

19 2229 and 2229a). 

20 (7) $355,000,000 for emergency management 

21 performance grants under the National Flood Insur22 ance Act of 1968 (42 U.S.C. 4001 et seq.), the Rob23 ert T. Stafford Disaster Relief and Emergency As24 sistance Act (42 U.S.C. 5121), the Earthquake Haz25 ards Reduction Act of 1977 (42 U.S.C. 7701), secVerDate Sep 11 2014 00:02 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S4678.IS S4678

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1 tion 762 of title 6, United States Code, and Reorga2 nization Plan No. 3 of 1978 (5 U.S.C. App.). 

3 (8) $275,500,000 for necessary expenses for 

4 Flood Hazard Mapping and Risk Analysis, in addi5 tion to and to supplement any other sums appro6 priated under the National Flood Insurance Fund, 

7 and such additional sums as may be provided by 

8 States or other political subdivisions for cost-shared 

9 mapping activities under section 1360(f)(2) of the 

10 National Flood Insurance Act of 1968 (42 U.S.C. 

11 4101(f)(2)), to remain available until expended. 

12 (9) $12,000,000 for Regional Catastrophic Pre13 paredness Grants. 

14 (10) $12,000,000 for Rehabilitation of High 

15 Hazard Potential Dams under section 8A of the Na16 tional Dam Safety Program Act (33 U.S.C. 467f–2). 

17 (11) $130,000,000 for the emergency food and 

18 shelter program under title III of the McKinney19 Vento Homeless Assistance Act (42 U.S.C. 11331), 

20 to remain available until September 30, 2024: Pro21 vided, That not to exceed 3.5 percent shall be for 

22 total administrative costs. 

23 (12) $200,000,000 for the emergency food and 

24 shelter program under title III of the McKinney25 Vento Homeless Assistance Act (42 U.S.C. 11331), 


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1 to remain available until September 30, 2024, for 

2 the purpose of providing shelter and other services 

3 to families and individuals encountered by the De4 partment of Homeland Security: Provided, That not 

5 to exceed 5 percent shall be for total administrative 

6 costs: Provided further, That notwithstanding sec7 tions 313(a) and 316 of such Act, up to 

8 $50,000,000 of the funds made available in this 

9 paragraph may be used for the construction of new, 

10 and the expansion of existing, shelter facilities: Pro11 vided further, That notwithstanding section 311 of 

12 such Act, funds made available for the purposes de13 scribed in the preceding proviso may be awarded to 

14 the Emergency Food and Shelter Program National 

15 Board up to 6 months after the date of enactment 

16 of this Act and, notwithstanding sections 315 and 

17 316(b) of such Act, funds made available in the pre18 ceding proviso may be disbursed by the Emergency 

19 Food and Shelter Program National Board up to 24 

20 months after the date on which such funds become 

21 available: Provided further, That the Emergency 

22 Food and Shelter Program National Board shall dis23 tribute funds made available in this paragraph only 

24 to jurisdictions or local recipient organizations serv25 ing communities that such Board determines have 


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1 experienced a significant increase of such families 

2 and individuals. 

3 (13) $40,000,000 for the Next Generation 

4 Warning System. 

5 (14) $115,000,000 for Congressionally Directed 

6 Spending grants, which shall be for the purposes, 

7 and the amounts, specified in the table entitled 

8 ‘‘Congressionally Directed Spending Items’’ in the 

9 explanatory statement accompanying this Act, of 

10 which— 

11 (A) $36,392,000, in addition to amounts 

12 otherwise made available for such purpose, is 

13 for emergency operations center grants under 

14 section 614 of the Robert T. Stafford Disaster 

15 Relief and Emergency Assistance Act (42 

16 U.S.C. 5196c); 

17 (B) $77,608,000, in addition to amounts 

18 otherwise made available for such purpose, is 

19 for pre-disaster mitigation grants under section 

20 203 of the Robert T. Stafford Disaster Relief 

21 and Emergency Assistance Act (42 U.S.C. 

22 5133(e), notwithstanding subsections (f), (g), 

23 and (l) of that section (42 U.S.C. 5133(f), (g), 

24 (l)); and 


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1 (C) $1,000,000 shall be transferred to 

2 ‘‘Federal Emergency Management Agency—Op3 erations and Support’’, to manage and admin4 ister Congressionally Directed Spending grants. 

5 (15) $316,119,000 to sustain current oper6 ations for training, exercises, technical assistance, 

7 and other programs. 

8 DISASTER RELIEF FUND

9 For necessary expenses in carrying out the Robert 

10 T. Stafford Disaster Relief and Emergency Assistance Act 

11 (42 U.S.C. 5121 et seq.), $19,945,000,000, to remain 

12 available until expended, shall be for major disasters de13 clared pursuant to the Robert T. Stafford Disaster Relief 

14 and Emergency Assistance Act (42 U.S.C. 5121 et seq.) 

15 and is designated by the Congress as being for disaster 

16 relief pursuant to a concurrent resolution on the budget. 

17 NATIONAL FLOOD INSURANCE FUND

18 For activities under the National Flood Insurance 

19 Act of 1968 (42 U.S.C. 4001 et seq.), the Flood Disaster 

20 Protection Act of 1973 (42 U.S.C. 4001 et seq.), the 

21 Biggert-Waters Flood Insurance Reform Act of 2012 

22 (Public Law 112–141, 126 Stat. 916), and the Home23 owner Flood Insurance Affordability Act of 2014 (Public 

24 Law 113–89; 128 Stat. 1020), $225,000,000, to remain 

25 available until September 30, 2024, which shall be derived 


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1 from offsetting amounts collected under section 1308(d) 

2 of the National Flood Insurance Act of 1968 (42 U.S.C. 

3 4015(d)); of which $18,500,000 shall be available for mis4 sion support associated with flood management; and of 

5 which $206,500,000 shall be available for flood plain man6 agement and flood mapping: Provided, That any addi7 tional fees collected pursuant to section 1308(d) of the 

8 National Flood Insurance Act of 1968 (42 U.S.C. 

9 4015(d)) shall be credited as offsetting collections to this 

10 account, to be available for flood plain management and 

11 flood mapping: Provided further, That in fiscal year 2023, 

12 no funds shall be available from the National Flood Insur13 ance Fund under section 1310 of the National Flood In14 surance Act of 1968 (42 U.S.C. 4017) in excess of— 

15 (1) $223,770,000 for operating expenses and 

16 salaries and expenses associated with flood insurance 

17 operations; 

18 (2) $960,647,000 for commissions and taxes of 

19 agents; 

20 (3) such sums as are necessary for interest on 

21 Treasury borrowings; and 

22 (4) $175,000,000, which shall remain available 

23 until expended, for flood mitigation actions and for 

24 flood mitigation assistance under section 1366 of the 

25 National Flood Insurance Act of 1968 (42 U.S.C. 


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1 4104c), notwithstanding sections 1366(e) and 

2 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017): 

3 Provided further, That the amounts collected under section 

4 102 of the Flood Disaster Protection Act of 1973 (42 

5 U.S.C. 4012a) and section 1366(e) of the National Flood 

6 Insurance Act of 1968 (42 U.S.C. 4104c(e)), shall be de7 posited in the National Flood Insurance Fund to supple8 ment other amounts specified as available for section 1366 

9 of the National Flood Insurance Act of 1968, notwith10 standing section 102(f)(8), section 1366(e) of the National 

11 Flood Insurance Act of 1968, and paragraphs (1) through 

12 (3) of section 1367(b) of such Act (42 U.S.C. 4012a(f)(8), 

13 4104c(e), 4104d(b)(1)–(3)): Provided further, That total 

14 administrative costs shall not exceed 4 percent of the total 

15 appropriation: Provided further, That up to $5,000,000 is 

16 available to carry out section 24 of the Homeowner Flood 

17 Insurance Affordability Act of 2014 (42 U.S.C. 4033). 

18 ADMINISTRATIVE PROVISIONS

19 (INCLUDING TRANSFER OF FUNDS)

20 SEC. 301. (a) Funds made available under the head21 ing ‘‘Cybersecurity and Infrastructure Security Agency— 

22 Operations and Support’’ may be made available for the 

23 necessary expenses of carrying out the competition speci24 fied in section 2(e) of Executive Order No. 13870 (May 

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1 monetary awards for Federal civilian employees and mem2 bers of the uniformed services, the necessary expenses for 

3 the honorary recognition of any award recipients, and ac4 tivities to encourage participation in the competition, in5 cluding promotional items. 

6 (b) Any awards made pursuant to this section shall 

7 be of the same type and amount as those authorized under 

8 sections 4501 through 4505 of title 5, United States Code. 

9 SEC. 302. Notwithstanding sections 204(e)(1)(A) and 

10 204(e)(1)(B) of the Homeland Security Act of 2002 (6 

11 U.S.C. 605(e)(1)(A) and 605(e)(1)(B)), the meaning of 

12 ‘‘total funds appropriated for grants under this section 

13 and section 2003’’ in each place that it appears shall not 

14 include any funds provided for the Nonprofit Security 

15 Grant Program in paragraph (3) under the heading ‘‘Fed16 eral Emergency Management Agency—Federal Assist17 ance’’ in this Act. 

18 SEC. 303. (a) Notwithstanding section 2008(a)(12) 

19 of the Homeland Security Act of 2002 (6 U.S.C. 

20 609(a)(12)) or any other provision of law, not more than 

21 5 percent of the amount of a grant made available in para22 graphs (1) through (5) under ‘‘Federal Emergency Man23 agement Agency—Federal Assistance’’, may be used by 

24 the recipient for expenses directly related to administra25 tion of the grant. 


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1 (b) The authority provided in subsection (a) shall also 

2 apply to a state recipient for the administration of a grant 

3 under such paragraph (3). 

4 SEC. 304. Applications for grants under the heading 

5 ‘‘Federal Emergency Management Agency—Federal As6 sistance’’, for paragraphs (1) through (5), shall be made 

7 available to eligible applicants not later than 60 days after 

8 the date of enactment of this Act, eligible applicants shall 

9 submit applications not later than 80 days after the grant 

10 announcement, and the Administrator of the Federal 

11 Emergency Management Agency shall act within 65 days 

12 after the receipt of an application. 

13 SEC. 305. Under the heading ‘‘Federal Emergency 

14 Management Agency—Federal Assistance’’, for grants 

15 under paragraphs (1) through (5), (9), and (10), the Ad16 ministrator of the Federal Emergency Management Agen17 cy shall brief the Committees on Appropriations of the 

18 Senate and the House of Representatives 5 full business 

19 days in advance of announcing publicly the intention of 

20 making an award. 

21 SEC. 306. Under the heading ‘‘Federal Emergency 

22 Management Agency—Federal Assistance’’, for grants 

23 under paragraphs (1) through (3), the installation of com24 munications towers is not considered construction of a 

25 building or other physical facility. 


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1 SEC. 307. The reporting requirements in paragraphs 

2 (1) and (2) under the heading ‘‘Federal Emergency Man3 agement Agency—Disaster Relief Fund’’ in the Depart4 ment of Homeland Security Appropriations Act, 2015 

5 (Public Law 114–4) shall be applied in fiscal year 2023 

6 with respect to budget year 2024 and current fiscal year 

7 2023, respectively— 

8 (1) in paragraph (1) by substituting ‘‘fiscal 

9 year 2024’’ for ‘‘fiscal year 2016’’; and 

10 (2) in paragraph (2) by inserting ‘‘business’’ 

11 after ‘‘fifth’’. 

12 SEC. 308. In making grants under the heading ‘‘Fed13 eral Emergency Management Agency—Federal Assist14 ance’’, for Staffing for Adequate Fire and Emergency Re15 sponse grants, the Administrator of the Federal Emer16 gency Management Agency may grant waivers from the 

17 requirements in subsections (a)(1)(A), (a)(1)(B), 

18 (a)(1)(E), (c)(1), (c)(2), and (c)(4) of section 34 of the 

19 Federal Fire Prevention and Control Act of 1974 (15 

20 U.S.C. 2229a). 

21 SEC. 309. (a) The aggregate charges assessed during 

22 fiscal year 2023, as authorized in title III of the Depart23 ments of Veterans Affairs and Housing and Urban Devel24 opment, and Independent Agencies Appropriations Act, 

25 1999 (42 U.S.C. 5196e), shall not be less than 100 perVerDate Sep 11 2014 00:02 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S4678.IS S4678

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1 cent of the amounts anticipated by the Department of 

2 Homeland Security to be necessary for its Radiological 

3 Emergency Preparedness Program for the next fiscal year. 

4 (b) The methodology for assessment and collection of 

5 fees shall be fair and equitable and shall reflect costs of 

6 providing such services, including administrative costs of 

7 collecting such fees. 

8 (c) Such fees shall be deposited in a Radiological 

9 Emergency Preparedness Program account as offsetting 

10 collections and will become available for authorized pur11 poses on October 1, 2023, and remain available until ex12 pended. 

13 SEC. 310. In making grants under the heading ‘‘Fed14 eral Emergency Management Agency—Federal Assist15 ance’’, for Assistance to Firefighter Grants, the Adminis16 trator of the Federal Emergency Management Agency 

17 may waive subsection (k) of section 33 of the Federal Fire 

18 Prevention and Control Act of 1974 (15 U.S.C. 2229). 

19 SEC. 311. (a) Of the amount made available by sec20 tion 4005 of the American Rescue Plan Act of 2021 (Pub21 lic Law 117–2)— 

22 (1) not less than $2,000,000,000, in addition to 

23 any other amounts set aside pursuant to section 

24 203(i) of the Robert T. Stafford Disaster Relief and 

25 Emergency Assistance Act (42 U.S.C. 5133(i)) for 


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1 such purpose, shall be for the Building Resilient In2 frastructure and Communities program to mitigate 

3 the effects of climate change and a notice of funding 

4 opportunity for such purpose shall be announced not 

5 later than September 30, 2023; and 

6 (2) $14,000,000 shall be transferred to the De7 partment of Homeland Security Office of Inspector 

8 General for oversight of the obligations of funds 

9 made available under such section 4005. 


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1 TITLE IV 

2 RESEARCH, DEVELOPMENT, TRAINING, AND 

3 SERVICES 

4 U.S. CITIZENSHIP AND IMMIGRATION SERVICES

5 OPERATIONS AND SUPPORT

6 For necessary expenses of U.S. Citizenship and Im7 migration Services for operations and support, including 

8 for the E-Verify Program, application processing, the re9 duction of backlogs within asylum, field, and service center 

10 offices, and support of the refugee program; 

11 $816,705,000, of which $87,619,000 shall remain avail12 able until September 30, 2024: Provided, That such 

13 amounts shall be in addition to any other amounts made 

14 available for such purposes, and shall not be construed to 

15 require any reduction of any fee described in section 

16 286(m) of the Immigration and Nationality Act (8 U.S.C. 

17 1356(m)): Provided further, That at least $10,000,000 

18 shall be for the implementation of the Deferred Action for 

19 Childhood Arrivals Program of the Secretary of Homeland 

20 Security, established pursuant to the memorandum from 

21 the Secretary of Homeland Security entitled ‘‘Exercising 

22 Prosecutorial Discretion with Respect to Individuals Who 

23 Came to the United States as Children,’’ dated June 15, 

24 2012, including for the processing of applications for such 

25 program and all related forms: Provided further, That not 


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1 to exceed $2,500 shall be for official reception and rep2 resentation expenses. 

3 FEDERAL ASSISTANCE

4 For necessary expenses of U.S. Citizenship and Im5 migration Services for Federal assistance for the Citizen6 ship and Integration Grant Program, $50,000,000: Pro7 vided, That not less than $30,000,000, to remain available 

8 until September 30, 2024, shall be awarded as competitive 

9 grants to organizations to provide pro-bono legal counsel, 

10 or pro-bono accredited representation, to individuals ap11 pearing before U.S. Citizenship and Immigration Services 

12 during either an affirmative asylum or asylum merits 

13 interview. 

14 FEDERAL LAW ENFORCEMENT TRAINING CENTERS

15 OPERATIONS AND SUPPORT

16 For necessary expenses of the Federal Law Enforce17 ment Training Centers for operations and support, includ18 ing the purchase of not to exceed 117 vehicles for police19 type use and hire of passenger motor vehicles, and services 

20 as authorized by section 3109 of title 5, United States 

21 Code, $355,247,000, of which $66,665,000 shall remain 

22 available until September 30, 2024: Provided, That not 

23 to exceed $7,180 shall be for official reception and rep24 resentation expenses. 


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1 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

2 For necessary expenses of the Federal Law Enforce3 ment Training Centers for procurement, construction, and 

4 improvements, $41,300,000, to remain available until Sep5 tember 30, 2027, for acquisition of necessary additional 

6 real property and facilities, construction and ongoing 

7 maintenance, facility improvements and related expenses 

8 of the Federal Law Enforcement Training Centers. 

9 SCIENCE AND TECHNOLOGY DIRECTORATE

10 OPERATIONS AND SUPPORT

11 For necessary expenses of the Science and Tech12 nology Directorate for operations and support, including 

13 the purchase or lease of not to exceed five vehicles, 

14 $391,172,000, of which $215,085,000 shall remain avail15 able until September 30, 2024: Provided, That not to ex16 ceed $10,000 shall be for official reception and representa17 tion expenses. 

18 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

19 For necessary expenses of the Science and Tech20 nology Directorate for procurement, construction, and im21 provements, $89,466,000, to remain available until Sep22 tember 30, 2027. 

23 RESEARCH AND DEVELOPMENT

24 For necessary expenses of the Science and Tech25 nology Directorate for research and development, 


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1 $461,218,000, to remain available until September 30, 

2 2025. 

3 COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE

4 OPERATIONS AND SUPPORT

5 For necessary expenses of the Countering Weapons 

6 of Mass Destruction Office for operations and support, 

7 $151,970,000, of which $50,446,000 shall remain avail8 able until September 30, 2024: Provided, That not to ex9 ceed $2,250 shall be for official reception and representa10 tion expenses. 

11 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

12 For necessary expenses of the Countering Weapons 

13 of Mass Destruction Office for procurement, construction, 

14 and improvements, $55,304,000, to remain available until 

15 September 30, 2025. 

16 RESEARCH AND DEVELOPMENT

17 For necessary expenses of the Countering Weapons 

18 of Mass Destruction Office for research and development, 

19 $84,515,000, to remain available until September 30, 

20 2025. 

21 FEDERAL ASSISTANCE

22 For necessary expenses of the Countering Weapons 

23 of Mass Destruction Office for Federal assistance through 

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1 tivities, $139,183,000, to remain available until Sep2 tember 30, 2025. 

3 ADMINISTRATIVE PROVISIONS

4 SEC. 401. (a) Notwithstanding any other provision 

5 of law, funds otherwise made available to U.S. Citizenship 

6 and Immigration Services may be used to acquire, operate, 

7 equip, and dispose of up to five vehicles, for replacement 

8 only, for areas where the Administrator of General Serv9 ices does not provide vehicles for lease. 

10 (b) The Director of U.S. Citizenship and Immigration 

11 Services may authorize employees who are assigned to 

12 those areas to use such vehicles to travel between the em13 ployees’ residences and places of employment. 

14 SEC. 402. None of the funds appropriated by this Act 

15 may be used to process or approve a competition under 

16 Office of Management and Budget Circular A–76 for serv17 ices provided by employees (including employees serving 

18 on a temporary or term basis) of U.S. Citizenship and Im19 migration Services of the Department of Homeland Secu20 rity who are known as Immigration Information Officers, 

21 Immigration Service Analysts, Contact Representatives, 

22 Investigative Assistants, or Immigration Services Officers. 

23 SEC. 403. The terms and conditions of section 403 

24 of the Department of Homeland Security Appropriations 


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1 Act, 2020 (division D of Public Law 116–93) shall apply 

2 to this Act. 

3 SEC. 404. Notwithstanding the seventh proviso under 

4 the heading ‘‘Immigration and Naturalization Service— 

5 Salaries and Expenses’’ in Public Law 105–119 (relating 

6 to FD–258 fingerprint cards), or any other provision of 

7 law, any Federal funds made available to U.S. Citizenship 

8 and Immigration Services may be used for the collection 

9 and use of biometrics taken at a U.S. Citizenship and Im10 migration Services Application Support Center that is 

11 overseen virtually by U.S. Citizenship and Immigration 

12 Services personnel using appropriate technology. 

13 SEC. 405. Section 401(b) of the Illegal Immigration 

14 Reform and Immigrant Responsibility Act of 1996 (8 

15 U.S.C. 1324a note) shall be applied by substituting ‘‘Sep16 tember 30, 2023’’ for ‘‘September 30, 2015’’. 

17 SEC. 406. Subclauses (II) and (III) of section 

18 101(a)(27)(C)(ii) of the Immigration and Nationality Act 

19 (8 U.S.C. 1101(a)(27)(C)(ii)) shall be applied by sub20 stituting ‘‘September 30, 2023’’ for ‘‘September 30, 

21 2015’’. 

22 SEC. 407. Section 220(c) of the Immigration and Na23 tionality Technical Corrections Act of 1994 (8 U.S.C. 

24 1182 note) shall be applied by substituting ‘‘September 

25 30, 2023’’ for ‘‘September 30, 2015’’. 


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1 SEC. 408. Notwithstanding the numerical limitation 

2 set forth in section 214(g)(1)(B) of the Immigration and 

3 Nationality Act (8 U.S.C. 1184(g)(1)(B)), the Secretary 

4 of Homeland Security, after consultation with the Sec5 retary of Labor, and upon the determination that the 

6 needs of American businesses cannot be satisfied in fiscal 

7 year 2023 with United States workers who are willing, 

8 qualified, and able to perform temporary nonagricultural 

9 labor, shall increase the total number of aliens who may 

10 receive a visa under section 101(a)(15)(H)(ii)(b) of such 

11 Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) in such fiscal year 

12 above such limitation by not more than the highest num13 ber of H–2B nonimmigrants who participated in the H– 

14 2B returning worker program in any fiscal year in which 

15 returning workers were exempt from such numerical limi16 tation. 

17 SEC. 409. (a) RECAPTURE OF UNUSED IMMIGRANT

18 VISA NUMBERS.— 

19 (1) ENSURING FUTURE USE OF ALL IMMIGRANT

20 VISAS.—Section 201(c)(1)(B)(ii) of the Immigration 

21 and Nationality Act (8 U.S.C. 1151(c)(1)(B)(ii)) is 

22 amended to read as follows: 

23 ‘‘(ii) In no case shall the number com24 puted under subparagraph (A) be less than 

25 the sum of— 


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1 ‘‘(I) 226,000; and 

2 ‘‘(II) the number computed 

3 under paragraph (3).’’. 

4 (2) RECAPTURING UNUSED VISAS.—Section 201 

5 of the Immigration and Nationality Act (8 U.S.C. 

6 1151) is amended by adding at the end the fol7 lowing: 

8 ‘‘(g) RECAPTURING UNUSED VISAS.— 

9 ‘‘(1) FAMILY-SPONSORED VISAS.— 

10 ‘‘(A) IN GENERAL.—Notwithstanding the 

11 numerical limitations set forth in this section or 

12 in sections 202 or 203, beginning in fiscal year 

13 2023, the number of family-sponsored immi14 grant visas that may be issued under section 

15 203(a) shall be increased by the number com16 puted under subparagraph (B). 

17 ‘‘(B) UNUSED VISAS.—The number com18 puted under this subparagraph is the dif19 ference, if any, between— 

20 ‘‘(i) the difference, if any, between— 

21 ‘‘(I) the number of visas that 

22 were originally made available to fam23 ily-sponsored immigrants under sec24 tion 201(c)(1) for fiscal years 1992 

25 through 2022, setting aside any unVerDate Sep 11 2014 00:02 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\S4678.IS S4678

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1 used visas made available to such im2 migrants in such fiscal years under 

3 section 201(c)(3); and 

4 ‘‘(II) the number of visas de5 scribed in subclause (I) that were 

6 issued under section 203(a), or, in ac7 cordance with section 201(d)(2)(C), 

8 under section 203(b); and 

9 ‘‘(ii) the number of visas resulting 

10 from the calculation under clause (i) issued 

11 under section 203(a) after fiscal year 

12 2022. 

13 ‘‘(2) EMPLOYMENT-BASED VISAS.— 

14 ‘‘(A) IN GENERAL.—Notwithstanding the 

15 numerical limitations set forth in this section or 

16 in sections 202 or 203, beginning in fiscal year 

17 2023, the number of employment-based immi18 grant visas that may be issued under section 

19 203(b) shall be increased by the number com20 puted under subparagraph (B). 

21 ‘‘(B) UNUSED VISAS.—The number com22 puted under this paragraph is the difference, if 

23 any, between— 

24 ‘‘(i) the difference, if any, between— 


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1 ‘‘(I) the number of visas that 

2 were originally made available to em3 ployment-based immigrants under sec4 tion 201(d)(1) for fiscal years 1992 

5 through 2022, setting aside any un6 used visas made available to such im7 migrants in such fiscal years under 

8 section 201(d)(2); and 

9 ‘‘(II) the number of visas de10 scribed in subclause (I) that were 

11 issued under section 203(b), or, in ac12 cordance with section 201(c)(3)(C), 

13 under section 203(a); and 

14 ‘‘(ii) the number of visas resulting 

15 from the calculation under clause (i) issued 

16 under section 203(b) after fiscal year 

17 2022. 

18 ‘‘(3) DIVERSITY VISAS.—Notwithstanding sec19 tion 204(a)(1)(I)(ii)(II) or 201(e), an immigrant 

20 visa for an alien selected in accordance with section 

21 203(e)(2) in fiscal year 2017, 2018, 2019, 2020, 

22 2021, or 2022 shall remain available to such alien 

23 (and the spouse and children of such alien) if— 

24 ‘‘(A) the alien was refused a visa, pre25 vented from seeking or obtaining admission or 


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1 a visa interview, or denied admission to the 

2 United States solely because of Executive Order 

3 13769, Executive Order 13780, Presidential 

4 Proclamation 9645, or Presidential Proclama5 tion 9983; or 

6 ‘‘(B) because of restrictions or limitations 

7 on visa processing, visa issuance, travel, or 

8 other effects associated with the COVID–19 

9 public health emergency— 

10 ‘‘(i) the alien was unable to receive a 

11 visa interview despite submitting an Online 

12 Immigrant Visa and Alien Registration 

13 Application (Form DS–260) to the Sec14 retary of State; or 

15 ‘‘(ii) the alien was unable to seek ad16 mission or was denied admission to the 

17 United States despite being approved for a 

18 visa under section 203(c).’’. 

19 SEC. 410. (a) The numerical limitations in sections 

20 201, 202, and 203 of the Immigration and Nationality Act 

21 (8 U.S.C. 1151, 1152 and 1153) shall not apply during 

22 fiscal year 2023 or during any subsequent fiscal year to 

23 an alien described in section 101(a)(27)(J) of that Act (8 

24 U.S.C. 1101(a)(27)(J)) for whom a petition for classificaVerDate Sep 11 2014 00:02 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\S4678.IS S4678

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1 tion under section 203(b)(4) of that Act (8 U.S.C. 

2 1153(b)(4)) was filed before October 1, 2023. 

3 (b) This section shall take effect on June 1, 2023. 

4 SEC. 411. The Director of the Federal Law Enforce5 ment Training Centers is authorized to distribute funds 

6 to Federal law enforcement agencies for expenses incurred 

7 participating in training accreditation. 

8 SEC. 412. The Federal Law Enforcement Training 

9 Accreditation Board, including representatives from the 

10 Federal law enforcement community and non-Federal ac11 creditation experts involved in law enforcement training, 

12 shall lead the Federal law enforcement training accredita13 tion process to continue the implementation of measuring 

14 and assessing the quality and effectiveness of Federal law 

15 enforcement training programs, facilities, and instructors. 

16 SEC. 413. (a) The Director of the Federal Law En17 forcement Training Centers may accept transfers to its 

18 ‘‘Procurement, Construction, and Improvements’’ account 

19 from Government agencies requesting the construction of 

20 special use facilities, as authorized by the Economy Act 

21 (31 U.S.C. 1535(b)). 

22 (b) The Federal Law Enforcement Training Centers 

23 shall maintain administrative control and ownership upon 

24 completion of such facilities. 


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1 SEC. 414. The functions of the Federal Law Enforce2 ment Training Centers instructor staff shall be classified 

3 as inherently governmental for purposes of the Federal 

4 Activities Inventory Reform Act of 1998 (31 U.S.C. 501 

5 note). 


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1 TITLE V 

2 GENERAL PROVISIONS 

3 (INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS)

4 SEC. 501. No part of any appropriation contained in 

5 this Act shall remain available for obligation beyond the 

6 current fiscal year unless expressly so provided herein. 

7 SEC. 502. Subject to the requirements of section 503 

8 of this Act, the unexpended balances of prior appropria9 tions provided for activities in this Act may be transferred 

10 to appropriation accounts for such activities established 

11 pursuant to this Act, may be merged with funds in the 

12 applicable established accounts, and thereafter may be ac13 counted for as one fund for the same time period as origi14 nally enacted. 

15 SEC. 503. (a) None of the funds provided by this Act, 

16 provided by previous appropriations Acts to the compo17 nents in or transferred to the Department of Homeland 

18 Security that remain available for obligation or expendi19 ture in fiscal year 2023, or provided from any accounts 

20 in the Treasury of the United States derived by the collec21 tion of fees available to the components funded by this 

22 Act, shall be available for obligation or expenditure 

23 through a reprogramming of funds that— 

24 (1) creates or eliminates a program, project, or 

25 activity, or increases funds for any program, project, 


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1 or activity for which funds have been denied or re2 stricted by the Congress; 

3 (2) contracts out any function or activity pres4 ently performed by Federal employees or any new 

5 function or activity proposed to be performed by 

6 Federal employees in the President’s budget pro7 posal for fiscal year 2023 for the Department of 

8 Homeland Security; 

9 (3) augments funding for existing programs, 

10 projects, or activities in excess of $5,000,000 or 10 

11 percent, whichever is less; 

12 (4) reduces funding for any program, project, 

13 or activity, or numbers of personnel, by 10 percent 

14 or more; or 

15 (5) results from any general savings from a re16 duction in personnel that would result in a change 

17 in funding levels for programs, projects, or activities 

18 as approved by the Congress. 

19 (b) Subsection (a) shall not apply if the Committees 

20 on Appropriations of the Senate and the House of Rep21 resentatives are notified at least 15 days in advance of 

22 such reprogramming. 

23 (c) Up to 2 percent of any appropriation made avail24 able for the current fiscal year for the Department of 

25 Homeland Security by this Act or provided by previous 


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1 appropriations Acts may be transferred between such ap2 propriations if the Committees on Appropriations of the 

3 Senate and the House of Representatives are notified at 

4 least 30 days in advance of such transfer, but no such 

5 appropriation, except as otherwise specifically provided, 

6 shall be increased by more than 10 percent by such trans7 fer. 

8 (d) Notwithstanding subsections (a), (b), and (c), no 

9 funds shall be reprogrammed within or transferred be10 tween appropriations based upon an initial notification 

11 provided after June 30, except in extraordinary cir12 cumstances that imminently threaten the safety of human 

13 life or the protection of property. 

14 (e) The notification thresholds and procedures set 

15 forth in subsections (a), (b), (c), and (d) shall apply to 

16 any use of deobligated balances of funds provided in pre17 vious Department of Homeland Security Appropriations 

18 Acts that remain available for obligation in the current 

19 year. 

20 (f) Notwithstanding subsection (c), the Secretary of 

21 Homeland Security may transfer to the fund established 

22 by 8 U.S.C. 1101 note, up to $20,000,000 from appro23 priations available to the Department of Homeland Secu24 rity: Provided, That the Secretary shall notify the Com25 mittees on Appropriations of the Senate and the House 


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1 of Representatives at least 5 days in advance of such 

2 transfer. 

3 SEC. 504. (a) Section 504 of the Department of 

4 Homeland Security Appropriations Act, 2017 (division F 

5 of Public Law 115–31), related to the operations of a 

6 working capital fund, shall apply with respect to funds 

7 made available in this Act in the same manner as such 

8 section applied to funds made available in that Act. 

9 (b) Funds from such working capital fund may be 

10 obligated and expended in anticipation of reimbursements 

11 from components of the Department of Homeland Secu12 rity. 

13 SEC. 505. (a) Except as otherwise specifically pro14 vided by law, not to exceed 50 percent of unobligated bal15 ances remaining available at the end of fiscal year 2023, 

16 as recorded in the financial records at the time of a re17 programming notification, but not later than June 30, 

18 2024, from appropriations for ‘‘Operations and Support’’ 

19 for fiscal year 2023 in this Act shall remain available 

20 through September 30, 2024, in the account and for the 

21 purposes for which the appropriations were provided. 

22 (b) Prior to the obligation of such funds, a notifica23 tion shall be submitted to the Committees on Appropria24 tions of the Senate and the House of Representatives in 

25 accordance with section 503 of this Act. 


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1 SEC. 506. (a) Funds made available by this Act for 

2 intelligence activities are deemed to be specifically author3 ized by the Congress for purposes of section 504 of the 

4 National Security Act of 1947 (50 U.S.C. 414) during fis5 cal year 2023 until the enactment of an Act authorizing 

6 intelligence activities for fiscal year 2023. 

7 (b) Amounts described in subsection (a) made avail8 able for ‘‘Intelligence, Analysis, and Situational Aware9 ness—Operations and Support’’ that exceed the amounts 

10 in such authorization for such account shall be transferred 

11 to and merged with amounts made available under the 

12 heading ‘‘Management Directorate—Operations and Sup13 port’’. 

14 (c) Prior to the obligation of any funds transferred 

15 under subsection (b), the Management Directorate shall 

16 brief the Committees on Appropriations of the Senate and 

17 the House of Representatives on a plan for the use of such 

18 funds. 

19 SEC. 507. (a) The Secretary of Homeland Security, 

20 or the designee of the Secretary, shall notify the Commit21 tees on Appropriations of the Senate and the House of 

22 Representatives at least 3 full business days in advance 

23 of— 

24 (1) making or awarding a grant allocation or 

25 grant in excess of $1,000,000; 


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1 (2) making or awarding a contract, other trans2 action agreement, or task or delivery order on a De3 partment of Homeland Security multiple award con4 tract, or to issue a letter of intent totaling in excess 

5 of $4,000,000; 

6 (3) awarding a task or delivery order requiring 

7 an obligation of funds in an amount greater than 

8 $10,000,000 from multi-year Department of Home9 land Security funds; 

10 (4) making a sole-source grant award; or 

11 (5) announcing publicly the intention to make 

12 or award items under paragraph (1), (2), (3), or (4), 

13 including a contract covered by the Federal Acquisi14 tion Regulation. 

15 (b) If the Secretary of Homeland Security determines 

16 that compliance with this section would pose a substantial 

17 risk to human life, health, or safety, an award may be 

18 made without notification, and the Secretary shall notify 

19 the Committees on Appropriations of the Senate and the 

20 House of Representatives not later than 5 full business 

21 days after such an award is made or letter issued. 

22 (c) A notification under this section— 

23 (1) may not involve funds that are not available 

24 for obligation; and 


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1 (2) shall include the amount of the award; the 

2 fiscal year for which the funds for the award were 

3 appropriated; the type of contract; and the account 

4 from which the funds are being drawn. 

5 SEC. 508. Notwithstanding any other provision of 

6 law, no agency shall purchase, construct, or lease any ad7 ditional facilities, except within or contiguous to existing 

8 locations, to be used for the purpose of conducting Federal 

9 law enforcement training without advance notification to 

10 the Committees on Appropriations of the Senate and the 

11 House of Representatives, except that the Federal Law 

12 Enforcement Training Centers is authorized to obtain the 

13 temporary use of additional facilities by lease, contract, 

14 or other agreement for training that cannot be accommo15 dated in existing Centers’ facilities. 

16 SEC. 509. None of the funds appropriated or other17 wise made available by this Act may be used for expenses 

18 for any construction, repair, alteration, or acquisition 

19 project for which a prospectus otherwise required under 

20 chapter 33 of title 40, United States Code, has not been 

21 approved, except that necessary funds may be expended 

22 for each project for required expenses for the development 

23 of a proposed prospectus. 

24 SEC. 510. Sections 520, 522, and 530 of the Depart25 ment of Homeland Security Appropriations Act, 2008 (diVerDate Sep 11 2014 00:02 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\S4678.IS S4678

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1 vision E of Public Law 110–161; 121 Stat. 2073 and 

2 2074) shall apply with respect to funds made available in 

3 this Act in the same manner as such sections applied to 

4 funds made available in that Act. 

5 SEC. 511. (a) None of the funds made available in 

6 this Act may be used in contravention of the applicable 

7 provisions of the Buy American Act. 

8 (b) For purposes of subsection (a), the term ‘‘Buy 

9 American Act’’ means chapter 83 of title 41, United 

10 States Code. 

11 SEC. 512. None of the funds made available in this 

12 Act may be used to amend the oath of allegiance required 

13 by section 337 of the Immigration and Nationality Act 

14 (8 U.S.C. 1448). 

15 SEC. 513. None of the funds provided or otherwise 

16 made available in this Act shall be available to carry out 

17 section 872 of the Homeland Security Act of 2002 (6 

18 U.S.C. 452) unless explicitly authorized by the Congress. 

19 SEC. 514. None of the funds made available in this 

20 Act may be used for planning, testing, piloting, or devel21 oping a national identification card. 

22 SEC. 515. Any official that is required by this Act 

23 to report or to certify to the Committees on Appropria24 tions of the Senate and the House of Representatives may 


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1 not delegate such authority to perform that act unless spe2 cifically authorized herein. 

3 SEC. 516. None of the funds made available in this 

4 Act may be used for first-class travel by the employees 

5 of agencies funded by this Act in contravention of sections 

6 301–10.122 through 301–10.124 of title 41, Code of Fed7 eral Regulations. 

8 SEC. 517. None of the funds made available in this 

9 Act may be used to employ workers described in section 

10 274A(h)(3) of the Immigration and Nationality Act (8 

11 U.S.C. 1324a(h)(3)). 

12 SEC. 518. Notwithstanding any other provision of 

13 this Act, none of the funds appropriated or otherwise 

14 made available by this Act may be used to pay award or 

15 incentive fees for contractor performance that has been 

16 judged to be below satisfactory performance or perform17 ance that does not meet the basic requirements of a con18 tract. 

19 SEC. 519. None of the funds appropriated or other20 wise made available by this Act may be used by the De21 partment of Homeland Security to enter into any Federal 

22 contract unless such contract is entered into in accordance 

23 with the requirements of subtitle I of title 41, United 

24 States Code, or chapter 137 of title 10, United States 

25 Code, and the Federal Acquisition Regulation, unless such 


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1 contract is otherwise authorized by statute to be entered 

2 into without regard to the above referenced statutes. 

3 SEC. 520. (a) None of the funds made available in 

4 this Act may be used to maintain or establish a computer 

5 network unless such network blocks the viewing, 

6 downloading, and exchanging of pornography. 

7 (b) Nothing in subsection (a) shall limit the use of 

8 funds necessary for any Federal, State, tribal, or local law 

9 enforcement agency or any other entity carrying out crimi10 nal investigations, prosecution, or adjudication activities. 

11 SEC. 521. None of the funds made available in this 

12 Act may be used by a Federal law enforcement officer to 

13 facilitate the transfer of an operable firearm to an indi14 vidual if the Federal law enforcement officer knows or sus15 pects that the individual is an agent of a drug cartel unless 

16 law enforcement personnel of the United States continu17 ously monitor or control the firearm at all times. 

18 SEC. 522. (a) None of the funds made available in 

19 this Act may be used to pay for the travel to or attendance 

20 of more than 50 employees of a single component of the 

21 Department of Homeland Security, who are stationed in 

22 the United States, at a single international conference un23 less the Secretary of Homeland Security, or a designee, 

24 determines that such attendance is in the national interest 

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1 ate and the House of Representatives within at least 10 

2 days of that determination and the basis for that deter3 mination. 

4 (b) For purposes of this section the term ‘‘inter5 national conference’’ shall mean a conference occurring 

6 outside of the United States attended by representatives 

7 of the United States Government and of foreign govern8 ments, international organizations, or nongovernmental 

9 organizations. 

10 (c) The total cost to the Department of Homeland 

11 Security of any such conference shall not exceed $500,000. 

12 (d) Employees who attend a conference virtually 

13 without travel away from their permanent duty station 

14 within the United States shall not be counted for purposes 

15 of this section, and the prohibition contained in this sec16 tion shall not apply to payments for the costs of attend17 ance for such employees. 

18 SEC. 523. None of the funds made available in this 

19 Act may be used to reimburse any Federal department 

20 or agency for its participation in a National Special Secu21 rity Event. 

22 SEC. 524. (a) None of the funds made available to 

23 the Department of Homeland Security by this or any other 

24 Act may be obligated for the implementation of any struc25 tural pay reform or the introduction of any new position 


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1 classification that will affect more than 100 full-time posi2 tions or costs more than $5,000,000 in a single year be3 fore the end of the 30-day period beginning on the date 

4 on which the Secretary of Homeland Security submits to 

5 Congress a notification that includes— 

6 (1) the number of full-time positions affected by 

7 such change; 

8 (2) funding required for such change for the 

9 current fiscal year and through the Future Years 

10 Homeland Security Program; 

11 (3) justification for such change; and 

12 (4) for a structural pay reform, an analysis of 

13 compensation alternatives to such change that were 

14 considered by the Department. 

15 (b) Subsection (a) shall not apply to such change if— 

16 (1) it was proposed in the President’s budget 

17 proposal for the fiscal year funded by this Act; and 

18 (2) funds for such change have not been explic19 itly denied or restricted in this Act. 

20 SEC. 525. (a) Any agency receiving funds made avail21 able in this Act shall, subject to subsections (b) and (c), 

22 post on the public website of that agency any report re23 quired to be submitted by the Committees on Appropria24 tions of the Senate and the House of Representatives in 


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1 this Act, upon the determination by the head of the agency 

2 that it shall serve the national interest. 

3 (b) Subsection (a) shall not apply to a report if— 

4 (1) the public posting of the report com5 promises homeland or national security; or 

6 (2) the report contains proprietary information. 

7 (c) The head of the agency posting such report shall 

8 do so only after such report has been made available to 

9 the Committees on Appropriations of the Senate and the 

10 House of Representatives for not less than 45 days except 

11 as otherwise specified in law. 

12 SEC. 526. (a) Funding provided in this Act for ‘‘Op13 erations and Support’’ may be used for minor procure14 ment, construction, and improvements. 

15 (b) For purposes of subsection (a), ‘‘minor’’ refers 

16 to end items with a unit cost of $250,000 or less for per17 sonal property, and $2,000,000 or less for real property. 

18 SEC. 527. The authority provided by section 532 of 

19 the Department of Homeland Security Appropriations 

20 Act, 2018 (Public Law 115–141) regarding primary and 

21 secondary schooling of dependents shall continue in effect 

22 during fiscal year 2023. 

23 SEC. 528. (a) For an additional amount for ‘‘Federal 

24 Emergency Management Agency—Federal Assistance’’, 

25 $3,000,000, to remain available until September 30, 2024, 


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1 exclusively for providing reimbursement of extraordinary 

2 law enforcement or other emergency personnel costs for 

3 protection activities directly and demonstrably associated 

4 with any residence of the President that is designated or 

5 identified to be secured by the United States Secret Serv6 ice. 

7 (b) Subsections (b) through (f) of section 534 of the 

8 Department of Homeland Security Appropriations Act, 

9 2018 (Public Law 115–141), shall be applied with respect 

10 to amounts made available by subsection (a) of this section 

11 by substituting ‘‘October 1, 2023’’ for ‘‘October 1, 2018’’ 

12 and ‘‘October 1, 2022’’ for ‘‘October 1, 2017’’. 

13 SEC. 529. (a) Section 831 of the Homeland Security 

14 Act of 2002 (6 U.S.C. 391) shall be applied— 

15 (1) in subsection (a), by substituting ‘‘Sep16 tember 30, 2023,’’ for ‘‘September 30, 2017,’’; and 

17 (2) in subsection (c)(1), by substituting ‘‘Sep18 tember 30, 2023,’’ for ‘‘September 30, 2017’’. 

19 (b) The Secretary of Homeland Security, under the 

20 authority of section 831 of the Homeland Security Act of 

21 2002 (6 U.S.C. 391(a)), may carry out prototype projects 

22 under section 4022 of title 10, United States Code, and 

23 the Secretary shall perform the functions of the Secretary 

24 of Defense as prescribed. 


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1 (c) The Secretary of Homeland Security under sec2 tion 831 of the Homeland Security Act of 2002 (6 U.S.C. 

3 391(d)) may use the definition of nontraditional govern4 ment contractor as defined in section 4022(e) of title 10, 

5 United States Code. 

6 SEC. 530. (a) None of the funds appropriated or oth7 erwise made available to the Department of Homeland Se8 curity by this Act may be used to prevent any of the fol9 lowing persons from entering, for the purpose of con10 ducting oversight, any facility operated by or for the De11 partment of Homeland Security used to detain or other12 wise house aliens, or to make any temporary modification 

13 at any such facility that in any way alters what is observed 

14 by a visiting Member of Congress or such designated em15 ployee, compared to what would be observed in the absence 

16 of such modification: 

17 (1) A Member of Congress. 

18 (2) An employee of the United States House of 

19 Representatives or the United States Senate des20 ignated by such a Member for the purposes of this 

21 section. 

22 (b) Nothing in this section may be construed to re23 quire a Member of Congress to provide prior notice of the 

24 intent to enter a facility described in subsection (a) for 

25 the purpose of conducting oversight. 


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1 (c) With respect to individuals described in subsection 

2 (a)(2), the Department of Homeland Security may require 

3 that a request be made at least 24 hours in advance of 

4 an intent to enter a facility described in subsection (a). 

5 SEC. 531. (a) Except as provided in subsection (b), 

6 none of the funds made available in this Act may be used 

7 to place restraints on a noncitizen in the custody of the 

8 Department of Homeland Security (including during 

9 transport, in a detention facility, or at an outside medical 

10 facility) who is pregnant or in post-delivery recuperation. 

11 (b) Subsection (a) shall not apply with respect to a 

12 pregnant noncitizen if— 

13 (1) an appropriate official of the Department of 

14 Homeland Security makes an individualized deter15 mination that the noncitizen— 

16 (A) is a serious flight risk, and such risk 

17 cannot be prevented by other means; or 

18 (B) poses an immediate and serious threat 

19 to harm themselves or others that cannot be 

20 prevented by other means; or 

21 (2) a medical professional responsible for the 

22 care of the pregnant noncitizen determines that the 

23 use of therapeutic restraints is appropriate for the 

24 medical safety of the noncitizen. 


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1 (c) If a pregnant noncitizen is restrained pursuant 

2 to subsection (b), only the safest and least restrictive re3 straints, as determined by the appropriate medical profes4 sional treating the noncitizen, may be used. In no case 

5 may restraints be used on a noncitizen who is in active 

6 labor or delivery, and in no case may a pregnant noncit7 izen be restrained in a face-down position with four-point 

8 restraints, on their back, or in a restraint belt that con9 stricts the area of the pregnancy. A pregnant noncitizen 

10 who is immobilized by restraints shall be positioned, to the 

11 maximum extent feasible, on their left side. 

12 SEC. 532. (a) None of the funds made available by 

13 this Act may be used to destroy any document, recording, 

14 or other record pertaining to any— 

15 (1) death of, 

16 (2) potential sexual assault or abuse per17 petrated against, or 

18 (3) allegation of abuse, criminal activity, or dis19 ruption committed by 

20 an individual held in the custody of the Department of 

21 Homeland Security. 

22 (b) The records referred to in subsection (a) shall be 

23 made available, in accordance with applicable laws and 

24 regulations, and Federal rules governing disclosure in liti25 gation, to an individual who has been charged with a 


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1 crime, been placed into segregation, or otherwise punished 

2 as a result of an allegation described in paragraph (3), 

3 upon the request of such individual. 

4 SEC. 533. Section 519 of division F of Public Law 

5 114–113, regarding a prohibition on funding for any posi6 tion designated as a Principal Federal Official, shall apply 

7 with respect to any Federal funds in the same manner 

8 as such section applied to funds made available in that 

9 Act. 

10 SEC. 534. Within 60 days of any budget submission 

11 for the Department of Homeland Security for fiscal year 

12 2024 that assumes revenues or proposes a reduction from 

13 the previous year based on user fees proposals that have 

14 not been enacted into law prior to the submission of the 

15 budget, the Secretary of Homeland Security shall provide 

16 the Committees on Appropriations of the Senate and the 

17 House of Representatives specific reductions in proposed 

18 discretionary budget authority commensurate with the 

19 revenues assumed in such proposals in the event that they 

20 are not enacted prior to October 1, 2023. 

21 SEC. 535. None of the funds made available by this 

22 Act may be obligated or expended to implement the Arms 

23 Trade Treaty until the Senate approves a resolution of 

24 ratification for the Treaty. 


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1 SEC. 536. (a) Not later than 10 days after the date 

2 on which the budget of the President for a fiscal year is 

3 submitted to Congress pursuant to section 1105(a) of title 

4 31, United States Code, the Under Secretary for Manage5 ment of Homeland Security shall submit to the Commit6 tees on Appropriations of the Senate and the House of 

7 Representatives a report on the unfunded priorities, for 

8 the Department of Homeland Security and separately for 

9 each departmental component, for which discretionary 

10 funding would be classified as budget function 050. 

11 (b) Each report under this section shall specify, for 

12 each such unfunded priority— 

13 (1) a summary description, including the objec14 tives to be achieved if such priority is funded 

15 (whether in whole or in part); 

16 (2) the description, including the objectives to 

17 be achieved if such priority is funded (whether in 

18 whole or in part); 

19 (3) account information, including the following 

20 (as applicable): 

21 (A) appropriation account; and 

22 (B) program, project, or activity name; 

23 and 

24 (4) the additional number of full-time or part25 time positions to be funded as part of such priority. 


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1 (c) In this section, the term ‘‘unfunded priority’’, in 

2 the case of a fiscal year, means a requirement that— 

3 (1) is not funded in the budget referred to in 

4 subsection (a); 

5 (2) is necessary to fulfill a requirement associ6 ated with an operational or contingency plan for the 

7 Department; and 

8 (3) would have been recommended for funding 

9 through the budget referred to in subsection (a) if— 

10 (A) additional resources had been available 

11 for the budget to fund the requirement; 

12 (B) the requirement has emerged since the 

13 budget was formulated; or 

14 (C) the requirement is necessary to sustain 

15 prior-year investments. 

16 SEC. 537. (a) Not later than 10 days after a deter17 mination is made by the President to evaluate and initiate 

18 protection under any authority for a former or retired 

19 Government official or employee, or for an individual who, 

20 during the duration of the directed protection, will become 

21 a former or retired Government official or employee (re22 ferred to in this section as a ‘‘covered individual’’), the 

23 Secretary of Homeland Security shall submit a notifica24 tion to congressional leadership and the Committees on 

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1 atives, the Committees on the Judiciary of the Senate and 

2 the House of Representatives, the Committee on Home3 land Security and Governmental Affairs of the Senate, the 

4 Committee on Homeland Security of the House of Rep5 resentatives, and the Committee on Oversight and Reform 

6 of the House of Representatives (referred to in this section 

7 as the ‘‘appropriate congressional committees’’). 

8 (b) Such notification may be submitted in classified 

9 form, if necessary, and in consultation with the Director 

10 of National Intelligence or the Director of the Federal Bu11 reau of Investigation, as appropriate, and shall include the 

12 threat assessment, scope of the protection, and the antici13 pated cost and duration of such protection. 

14 (c) Not later than 15 days before extending, or 30 

15 days before terminating, protection for a covered indi16 vidual, the Secretary of Homeland Security shall submit 

17 a notification regarding the extension or termination and 

18 any change to the threat assessment to the congressional 

19 leadership and the appropriate congressional committees. 

20 (d) Not later than 45 days after the date of enact21 ment of this Act, and quarterly thereafter, the Secretary 

22 shall submit a report to the congressional leadership and 

23 the appropriate congressional committees, which may be 

24 submitted in classified form, if necessary, detailing each 


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1 covered individual, and the scope and associated cost of 

2 protection. 

3 SEC. 538. (a) None of the funds provided to the De4 partment of Homeland Security in this or any prior Act 

5 may be used by an agency to submit an initial project pro6 posal to the Technology Modernization Fund (as author7 ized by section 1078 of subtitle G of title X of the National 

8 Defense Authorization Act for Fiscal Year 2018 (Public 

9 Law 115–91)) unless, concurrent with the submission of 

10 an initial project proposal to the Technology Moderniza11 tion Board, the head of the agency— 

12 (1) notifies the Committees on Appropriations 

13 of the Senate and the House of Representatives of 

14 the proposed submission of the project proposal; 

15 (2) submits to the Committees on Appropria16 tions a copy of the project proposal; and 

17 (3) provides a detailed analysis of how the pro18 posed project funding would supplement or supplant 

19 funding requested as part of the Department’s most 

20 recent budget submission. 

21 (b) None of the funds provided to the Department 

22 of Homeland Security by the Technology Modernization 

23 Fund shall be available for obligation until 15 days after 

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1 mittees on Appropriations of the Senate and the House 

2 of Representatives. 

3 (c) The report described in subsection (b) shall in4 clude— 

5 (1) the full project proposal submitted to and 

6 approved by the Fund’s Technology Modernization 

7 Board; 

8 (2) the finalized interagency agreement between 

9 the Department and the Fund including the 

10 project’s deliverables and repayment terms, as appli11 cable; 

12 (3) a detailed analysis of how the project will 

13 supplement or supplant existing funding available to 

14 the Department for similar activities; 

15 (4) a plan for how the Department will repay 

16 the Fund, including specific planned funding 

17 sources, as applicable; and 

18 (5) other information as determined by the Sec19 retary. 

20 SEC. 539. Subsection (c) of section 16005 of title VI 

21 of division B of the Coronavirus Aid, Relief, and Economic 

22 Security Act (Public Law 116–136) shall be applied as 

23 if the language read as follows: ‘‘Subsection (a) shall apply 

24 until September 30, 2023.’’. 


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1 SEC. 540. For necessary expenses related to pro2 viding customs and immigration inspection and pre-in3 spection services at, or in support of ports of entry, pursu4 ant to section 1356 of title 8, United States Code, and 

5 section 58c(f) of title 19, United States Code, and in addi6 tion to any other funds made available for this purpose, 

7 there is appropriated, out of any money in the Treasury 

8 not otherwise appropriated, $187,391,000, to offset the 

9 loss resulting from the coronavirus pandemic of Immigra10 tion User Fee receipts collected pursuant to section 286(h) 

11 of the Immigration and Nationality Act (8 U.S.C. 

12 1356(h)), and fees for certain customs services collected 

13 pursuant to paragraphs (1) through (8) and paragraph 

14 (10) of subsection (a) of section 13031 of the Consolidated 

15 Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 

16 58c(a)(1)–(8) and (a)(10)). 

17 SEC. 541. (a) The Secretary of Homeland Security 

18 (in this section referred to as the ‘‘Secretary’’) shall, on 

19 a bimonthly basis beginning immediately after the date of 

20 enactment of this Act, develop estimates of the number 

21 of noncitizens anticipated to arrive at the southwest bor22 der of the United States. 

23 (b) The Secretary shall ensure that, at a minimum, 

24 the estimates developed pursuant to subsection (a)— 


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1 (1) cover the current fiscal year and the fol2 lowing fiscal year; 

3 (2) include a breakout by demographics, to in4 clude single adults, family units, and unaccompanied 

5 children; 

6 (3) undergo an independent validation and 

7 verification review; 

8 (4) are used to inform policy planning and 

9 budgeting processes within the Department of 

10 Homeland Security; and 

11 (5) are included in the budget materials sub12 mitted to Congress in support of the President’s an13 nual budget request pursuant to section 1105 of title 

14 31, United States Code, for each fiscal year begin15 ning after the date of enactment of this Act and, for 

16 such budget materials shall include— 

17 (A) the most recent bimonthly estimates 

18 developed pursuant to subsection (a); 

19 (B) a description and quantification of the 

20 estimates used to justify funding requests for 

21 Department programs related to border secu22 rity, immigration enforcement, and immigration 

23 services; 


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1 (C) a description and quantification of the 

2 anticipated workload and requirements result3 ing from such estimates; and 

4 (D) a confirmation as to whether the budg5 et requests for impacted agencies were devel6 oped using the same estimates. 

7 (c) The Secretary shall share the bimonthly estimates 

8 developed pursuant to subsection (a) with the Secretary 

9 of Health and Human Services, the Attorney General, the 

10 Secretary of State, and the Committees on Appropriations 

11 of the Senate and the House of Representatives. 

12 (RESCISSIONS OF FUNDS)

13 SEC. 542. Of the funds appropriated to the Depart14 ment of Homeland Security, the following funds are here15 by rescinded from the following accounts and programs 

16 in the specified amounts: Provided, That no amounts may 

17 be rescinded from amounts that were designated by the 

18 Congress as an emergency requirement pursuant to a con19 current resolution on the budget or the Balanced Budget 

20 and Emergency Deficit Control Act of 1985 (Public Law 

21 99–177): 

22 (1) $15,000,000 from Public Law 117–103 

23 under the heading ‘‘Office of the Secretary and Ex24 ecutive Management—Federal Assistance’’. 


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1 (2) $65,000,000 from Public Law 116–93 

2 under the heading ‘‘Coast Guard—Procurement, 

3 Construction, and Improvements’’. 

4 This Act may be cited as the ‘‘Department of Home5 land Security Appropriations Act, 2023’’. 

Æ 


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