Department of Homeland Security Appropriations Act, 2023
Bill: H.R.8257 | Sponsor: Rep. Roybal-Allard, Lucille (D-CA)
Policy area: Emergency Management

Summary:
Department of Homeland Security Appropriations Act, 2023
This bill provides FY2023 appropriations for the Department of Homeland Security (DHS).
Specifically, the bill provides appropriations to DHS for Departmental Management, Intelligence, Situational Awareness, and Oversight, including
In addition, the bill provides appropriations for Security, Enforcement, and Investigations, including
The bill provides appropriations for Protection, Preparedness, Response, and Recovery, including
The bill provides appropriations for Research, Development, Training, and Services, including
The bill also sets forth requirements and restrictions for using funds provided by this and other appropriations acts.

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

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

                                TITLE I

   DEPARTMENTAL MANAGEMENT, INTELLIGENCE, SITUATIONAL AWARENESS, AND 
                               OVERSIGHT

            Office of the Secretary and Executive Management

                         operations and support

    For necessary expenses of the Office of the Secretary and for 
executive management for operations and support, $346,717,000; of which 
$28,570,000 shall be for the Office of the Ombudsman for Immigration 
Detention, of which $5,000,000 shall remain available until September 
30, 2024:  Provided, That not to exceed $30,000 shall be for official 
reception and representation expenses.

              procurement, construction, and improvements

    For necessary expenses of the Office of the Secretary and for 
executive management for procurement, construction, and improvements, 
$8,048,000, which shall remain available until September 30, 2025.

                           federal assistance

                     (including transfer of funds)

    For necessary expenses of the Office of the Secretary and for 
executive management for Federal assistance through grants, contracts, 
cooperative agreements, and other activities, $40,000,000, which shall 
be transferred to ``Federal Emergency Management Agency--Federal 
Assistance'', of which $20,000,000 shall be for targeted violence and 
terrorism prevention grants and of which $20,000,000 shall be for the 
Alternatives to Detention Case Management program, to remain available 
until September 30, 2024.

                         Management Directorate

                         operations and support

    For necessary expenses of the Management Directorate for operations 
and support, including vehicle fleet modernization, $1,787,000,000, of 
which $76,000,000 shall remain available until September 30, 2024:  
Provided, That not to exceed $2,000 shall be for official reception and 
representation expenses.

              procurement, construction, and improvements

    For necessary expenses of the Management Directorate for 
procurement, construction, and improvements, $597,378,000, of which 
$182,378,000 shall remain available until September 30, 2025, and of 
which $415,000,000 shall remain available until September 30, 2027.

                       federal protective service

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

           Intelligence, Analysis, and Situational Awareness

                         operations and support

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

                    Office of the Inspector General

                         operations and support

    For necessary expenses of the Office of the Inspector General for 
operations and support, $218,379,000:  Provided, That not to exceed 
$300,000 may be used for certain confidential operational expenses, 
including the payment of informants, to be expended at the direction of 
the Inspector General.

                       Administrative Provisions

                     (including transfer of funds)

    Sec. 101. (a) The Secretary of Homeland Security shall submit a 
report not later than October 15, 2023, to the Inspector General of the 
Department of Homeland Security listing all grants and contracts 
awarded by any means other than full and open competition during fiscal 
years 2022 or 2023.
    (b) The Inspector General shall review the report required by 
subsection (a) to assess departmental compliance with applicable laws 
and regulations and report the results of that review to the Committees 
on Appropriations of the Senate and the House of Representatives not 
later than February 15, 2024.
    Sec. 102.  Not later than 30 days after the last day of each month, 
the Chief Financial Officer of the Department of Homeland Security 
shall submit to the Committees on Appropriations of the Senate and the 
House of Representatives a monthly budget and staffing report that 
includes total obligations of the Department for that month and for the 
fiscal year at the appropriation and program, project, and activity 
levels, by the source year of the appropriation.
    Sec. 103.  The Secretary of Homeland Security shall require that 
all contracts of the Department of Homeland Security that provide award 
fees link such fees to successful acquisition outcomes, which shall be 
specified in terms of cost, schedule, and performance.
    Sec. 104. (a) The Secretary of Homeland Security, in consultation 
with the Secretary of the Treasury, shall notify the Committees on 
Appropriations of the Senate and the House of Representatives of any 
proposed transfers of funds available under section 9705(g)(4)(B) of 
title 31, United States Code, from the Department of the Treasury 
Forfeiture Fund to any agency within the Department of Homeland 
Security.
    (b) None of the funds identified for such a transfer may be 
obligated until the Committees on Appropriations of the Senate and the 
House of Representatives are notified of the proposed transfer.
    Sec. 105.  All official costs associated with the use of Government 
aircraft by Department of Homeland Security personnel to support 
official travel of the Secretary and the Deputy Secretary shall be paid 
from amounts made available for the Office of the Secretary.
    Sec. 106. (a) The Under Secretary for Management shall brief the 
Committees on Appropriations of the Senate and the House of 
Representatives not later than 30 days after the end of each fiscal 
quarter on all Level 1 and Level 2 acquisition programs on the Master 
Acquisition Oversight list between Acquisition Decision Event 1 and 
Full Operational Capability, including programs that have been removed 
from such list during the preceding quarter.
    (b) For each such program, the briefing described in subsection (a) 
shall include--
            (1) a description of the purpose of the program, including 
        the capabilities being acquired and the component(s) sponsoring 
        the acquisition;
            (2) the total number of units, as appropriate, to be 
        acquired annually until procurement is complete under the 
        current acquisition program baseline;
            (3) the Acquisition Review Board status, including--
                    (A) the current acquisition phase by increment, as 
                applicable;
                    (B) the date of the most recent review; and
                    (C) whether the program has been paused or is in 
                breach status;
            (4) a comparison between the initial Department-approved 
        acquisition program baseline cost, schedule, and performance 
        thresholds and objectives and the program's current such 
        thresholds and objectives, if applicable;
            (5) the lifecycle cost estimate, including--
                    (A) the confidence level for the estimate;
                    (B) the fiscal years included in the estimate;
                    (C) a breakout of the estimate for the prior five 
                years, the current year, and the budget year;
                    (D) a breakout of the estimate by appropriation 
                account or other funding source; and
                    (E) a description of and rationale for any changes 
                to the estimate as compared to the previously approved 
                baseline, as applicable, and during the prior fiscal 
                year;
            (6) a summary of the findings of any independent 
        verification and validation of the items to be acquired or an 
        explanation for why no such verification and validation has 
        been performed;
            (7) a table displaying the obligation of all program funds 
        by prior fiscal year, the estimated obligation of funds for the 
        current fiscal year, and an estimate for the planned carryover 
        of funds into the subsequent fiscal year;
            (8) a listing of prime contractors and major 
        subcontractors; and
            (9) narrative descriptions of risks to cost, schedule, or 
        performance that could result in a program breach if not 
        successfully mitigated.
    (c) The Under Secretary for Management shall submit each approved 
Acquisition Decision Memorandum for programs described in this section 
to the Committees on Appropriations of the Senate and the House of 
Representatives not later than five business days after the date of 
approval of such memorandum by the Under Secretary for Management or 
the designee of the Under Secretary.
    Sec. 107. (a) None of the funds made available to the Department of 
Homeland Security in this Act or prior appropriations Acts may be 
obligated for any new pilot or demonstration program unless the 
component or office carrying out such pilot or program has documented 
the information described in subsection (c).
    (b) Prior to the obligation of any such funds made available for 
``Operations and Support'' for a new operational pilot or demonstration 
program, the Under Secretary for Management shall provide a report to 
the Committees on Appropriations of the Senate and the House of 
Representatives on the information described in subsection (c).
    (c) The information required under subsections (a) and (b) for a 
new pilot or program shall include the following--
            (1) documented objectives that are well-defined and 
        measurable;
            (2) an assessment methodology that details--
                    (A) the type and source of assessment data;
                    (B) the methods for and frequency of collecting 
                such data; and
                    (C) how such data will be analyzed; and
            (3) an implementation plan, including milestones, a cost 
        estimate, and schedule, including an end date.
    (d) Not later than 90 days after the date of completion of a pilot 
or program described in subsection (e), the Under Secretary for 
Management shall provide a report to the Committees on Appropriations 
of the Senate and the House of Representatives detailing lessons 
learned, actual costs, any planned expansion or continuation of the 
pilot or program, and any planned transition of such pilot or program 
into an enduring program or operation.
    (e) For the purposes of this section, a pilot or demonstration 
program is a policy implementation, study, demonstration, experimental 
program, or trial that--
            (1) is a small-scale, short-term experiment conducted in 
        order to evaluate feasibility, duration, costs, or adverse 
        events, and improve upon the design of an effort prior to 
        implementation of a larger scale effort; and
            (2) uses more than 5 full-time equivalents or obligates 
        more than $1,000,000.
    Sec. 108.  Of the amount made available by section 4005 of the 
American Rescue Plan Act of 2021 (Public Law 117-2), $14,000,000 shall 
be transferred to ``Office of Inspector General--Operations and 
Support'' for oversight of the use of funds made available under such 
section 4005.

                                TITLE II

               SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   U.S. Customs and Border Protection

                         operations and support

                     (including transfer of funds)

    For necessary expenses of U.S. Customs and Border Protection for 
operations and support, including the transportation of unaccompanied 
alien minors; the provision of air and marine support to Federal, 
State, local, and international agencies in the enforcement or 
administration of laws enforced by the Department of Homeland Security; 
at the discretion of the Secretary of Homeland Security, the provision 
of such support to Federal, State, and local agencies in other law 
enforcement and emergency humanitarian efforts; the purchase and lease 
of up to 7,500 (6,500 for replacement only) police-type vehicles; the 
purchase, maintenance, or operation of marine vessels, aircraft, and 
unmanned aerial systems; and contracting with individuals for personal 
services abroad; $14,690,501,000; of which $3,274,000 shall be derived 
from the Harbor Maintenance Trust Fund for administrative expenses 
related to the collection of the Harbor Maintenance Fee pursuant to 
section 9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 
9505(c)(3)) and notwithstanding section 1511(e)(1) of the Homeland 
Security Act of 2002 (6 U.S.C. 551(e)(1)); of which $200,000,000 shall 
be available until September 30, 2024; and of which such sums as become 
available in the Customs User Fee Account, except sums subject to 
section 13031(f)(3) of the Consolidated Omnibus Budget Reconciliation 
Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account:  
Provided, That not to exceed $34,425 shall be for official reception 
and representation expenses:  Provided further, That not to exceed 
$150,000 shall be available for payment for rental space in connection 
with preclearance operations:  Provided further, That not to exceed 
$2,000,000 shall be for awards of compensation to informants, to be 
accounted for solely under the certificate of the Secretary of Homeland 
Security:  Provided further, That not to exceed $5,000,000 may be 
transferred to the Bureau of Indian Affairs for the maintenance and 
repair of roads on Native American reservations used by the U.S. Border 
Patrol.

              procurement, construction, and improvements

    For necessary expenses of U.S. Customs and Border Protection for 
procurement, construction, and improvements, including procurement of 
marine vessels, aircraft, and unmanned aerial systems, $547,539,000, of 
which $402,180,000 shall remain available until September 30, 2025; and 
of which $145,359,000 shall remain available until September 30, 2027.

                U.S. Immigration and Customs Enforcement

                         operations and support

    For necessary expenses of U.S. Immigration and Customs Enforcement 
for operations and support, including the purchase and lease of up to 
3,790 (2,350 for replacement only) police-type vehicles; overseas 
vetted units; and maintenance, minor construction, and minor leasehold 
improvements at owned and leased facilities; $8,298,567,000; of which 
not less than $6,000,000 shall remain available until expended for 
efforts to enforce laws against forced child labor; of which 
$46,696,000 shall remain available until September 30, 2024; of which 
not less than $1,500,000 is for paid apprenticeships for participants 
in the Human Exploitation Rescue Operative Child-Rescue Corps; of which 
not less than $15,000,000 shall be available for investigation of 
intellectual property rights violations, including operation of the 
National Intellectual Property Rights Coordination Center; of which not 
less than $13,500,000 shall be used for providing financial assistance 
for operational, administrative, salary reimbursement, and technology 
costs associated with participation of Federal, State, local, tribal, 
and territorial law enforcement officers on the Homeland Security 
Investigations Border Enforcement Security Task Force; and of which 
$3,923,433,000 shall be for enforcement, detention, and removal 
operations, including support for joint processing centers and 
transportation of unaccompanied alien minors:  Provided, That not to 
exceed $11,475 shall be for official reception and representation 
expenses:  Provided further, That not to exceed $10,000,000 shall be 
available until expended for conducting special operations under 
section 3131 of the Customs Enforcement Act of 1986 (19 U.S.C. 2081):  
Provided further, That not to exceed $2,000,000 shall be for awards of 
compensation to informants, to be accounted for solely under the 
certificate of the Secretary of Homeland Security:  Provided further, 
That not to exceed $11,216,000 shall be available to fund or reimburse 
other Federal agencies for the costs associated with the care, 
maintenance, and repatriation of smuggled aliens unlawfully present in 
the United States:  Provided further, That of the amounts made 
available under this heading for Executive Leadership and Oversight, 
$5,000,000 shall not be available for obligation until the reports 
directed under this heading in the explanatory statements accompanying 
Public Laws 116-6, 116-93, and 117-103 have been submitted to the 
Committees on Appropriations of the Senate and the House of 
Representatives:  Provided further, That the amount made available 
under this heading for Executive Leadership and Oversight shall be 
reduced each month by $25,000 for each day after the required date that 
the briefing described in section 219 has not been provided to the 
Committees on Appropriations of the Senate and the House of 
Representatives.

              procurement, construction, and improvements

    For necessary expenses of U.S. Immigration and Customs Enforcement 
for procurement, construction, and improvements, $97,762,000, of which 
$22,997,000 shall remain available until September 30, 2025, and of 
which $74,765,000 shall remain available until September 30, 2027.

                 Transportation Security Administration

                         operations and support

    For necessary expenses of the Transportation Security 
Administration for operations and support, $9,244,863,000, to remain 
available until September 30, 2024:  Provided, That not to exceed 
$7,650 shall be for official reception and representation expenses:  
Provided further, That security service fees authorized under section 
44940 of title 49, United States Code, shall be credited to this 
appropriation as offsetting collections and shall be available only for 
aviation security:  Provided further, That the sum appropriated under 
this heading from the general fund shall be reduced on a dollar-for-
dollar basis as such offsetting collections are received during fiscal 
year 2023 so as to result in a final fiscal year appropriation from the 
general fund estimated at not more than $6,754,863,000.

              procurement, construction, and improvements

    For necessary expenses of the Transportation Security 
Administration for procurement, construction, and improvements, 
$141,689,000, to remain available until September 30, 2025.

                        research and development

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

                              Coast Guard

                         operations and support

    For necessary expenses of the Coast Guard for operations and 
support including the Coast Guard Reserve; purchase or lease of not to 
exceed 25 passenger motor vehicles, which shall be for replacement 
only; purchase or lease of small boats for contingent and emergent 
requirements (at a unit cost of not more than $700,000) and repairs and 
service-life replacements, not to exceed a total of $31,000,000; 
purchase, lease, or improvements of boats necessary for overseas 
deployments and activities; payments pursuant to section 156 of Public 
Law 97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation and 
welfare; $9,751,469,000, of which $530,000,000 shall be for defense-
related activities; of which $24,500,000 shall be derived from the Oil 
Spill Liability Trust Fund to carry out the purposes of section 
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of 
which $6,000,000 shall remain available until September 30, 2025; of 
which $28,386,000 shall remain available until September 30, 2027, for 
environmental compliance and restoration; and of which $70,000,000 
shall remain available until September 30, 2024, which shall only be 
available for vessel depot level maintenance:  Provided, That not to 
exceed $23,000 shall be for official reception and representation 
expenses.

              procurement, construction, and improvements

    For necessary expenses of the Coast Guard for procurement, 
construction, and improvements, including aids to navigation, shore 
facilities (including facilities at Department of Defense installations 
used by the Coast Guard), and vessels and aircraft, including equipment 
related thereto, $2,301,050,000, to remain available until September 
30, 2027; of which $20,000,000 shall be derived from the Oil Spill 
Liability Trust Fund to carry out the purposes of section 1012(a)(5) of 
the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)).

                        research and development

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

                              retired pay

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

                      United States Secret Service

                         operations and support

    For necessary expenses of the United States Secret Service for 
operations and support, including purchase of not to exceed 652 
vehicles for police-type use; hire of passenger motor vehicles; 
purchase of motorcycles made in the United States; hire of aircraft; 
rental of buildings in the District of Columbia; fencing, lighting, 
guard booths, and other facilities on private or other property not in 
Government ownership or control, as may be necessary to perform 
protective functions; conduct of and participation in firearms matches; 
presentation of awards; conduct of behavioral research in support of 
protective intelligence and operations; payment in advance for 
commercial accommodations as may be necessary to perform protective 
functions; and payment, without regard to section 5702 of title 5, 
United States Code, of subsistence expenses of employees who are on 
protective missions, whether at or away from their duty stations; 
$2,645,596,000; of which $52,296,000 shall remain available until 
September 30, 2024, and of which $6,000,000 shall be for a grant for 
activities related to investigations of missing and exploited children; 
and of which up to $17,000,000 may be for calendar year 2022 premium 
pay in excess of the annual equivalent of the limitation on the rate of 
pay contained in section 5547(a) of title 5, United States Code, 
pursuant to section 2 of the Overtime Pay for Protective Services Act 
of 2016 (5 U.S.C. 5547 note), as last amended by Public Law 116-269:  
Provided, That not to exceed $19,125 shall be for official reception 
and representation expenses:  Provided further, That not to exceed 
$100,000 shall be to provide technical assistance and equipment to 
foreign law enforcement organizations in criminal investigations within 
the jurisdiction of the United States Secret Service.

              procurement, construction, and improvements

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

                        research and development

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

                       Administrative Provisions

                     (including transfer of funds)

    Sec. 201.  Section 201 of the Department of Homeland Security 
Appropriations Act, 2018 (division F of Public Law 115-141), related to 
overtime compensation limitations, shall apply with respect to funds 
made available in this Act in the same manner as such section applied 
to funds made available in that Act, except that ``fiscal year 2023'' 
shall be substituted for ``fiscal year 2018''.
    Sec. 202.  Funding made available under the headings ``U.S. Customs 
and Border Protection--Operations and Support'' and ``U.S. Customs and 
Border Protection--Procurement, Construction, and Improvements'' shall 
be available for customs expenses when necessary to maintain operations 
and prevent adverse personnel actions in Puerto Rico and the U.S. 
Virgin Islands, in addition to funding provided by sections 740 and 
1406i of title 48, United States Code.
    Sec. 203.  As authorized by section 601(b) of the United States-
Colombia Trade Promotion Agreement Implementation Act (Public Law 112-
42), fees collected from passengers arriving from Canada, Mexico, or an 
adjacent island pursuant to section 13031(a)(5) of the Consolidated 
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall 
be available until expended.
    Sec. 204. (a) For an additional amount for ``U.S. Customs and 
Border Protection--Operations and Support'', $31,000,000, to remain 
available until expended, to be reduced by amounts collected and 
credited to this appropriation in fiscal year 2023 from amounts 
authorized to be collected by section 286(i) of the Immigration and 
Nationality Act (8 U.S.C. 1356(i)), section 10412 of the Farm Security 
and Rural Investment Act of 2002 (7 U.S.C. 8311), and section 817 of 
the Trade Facilitation and Trade Enforcement Act of 2015 (Public Law 
114-25), or other such authorizing language.
    (b) To the extent that amounts realized from such collections 
exceed $31,000,000, those amounts in excess of $31,000,000 shall be 
credited to this appropriation, to remain available until expended.
    Sec. 205.  None of the funds made available in this Act for U.S. 
Customs and Border Protection may be used to prevent an individual not 
in the business of importing a prescription drug (within the meaning of 
section 801(g) of the Federal Food, Drug, and Cosmetic Act) from 
importing a prescription drug from Canada that complies with the 
Federal Food, Drug, and Cosmetic Act:  Provided, That this section 
shall apply only to individuals transporting on their person a 
personal-use quantity of the prescription drug, not to exceed a 90-day 
supply:  Provided further, That the prescription drug may not be--
            (1) a controlled substance, as defined in section 102 of 
        the Controlled Substances Act (21 U.S.C. 802); or
            (2) a biological product, as defined in section 351 of the 
        Public Health Service Act (42 U.S.C. 262).
    Sec. 206. (a) Notwithstanding any other provision of law, none of 
the funds provided in this or any other Act shall be used to approve a 
waiver of the navigation and vessel-inspection laws pursuant to section 
501(b) of title 46, United States Code, for the transportation of crude 
oil distributed from and to the Strategic Petroleum Reserve until the 
Secretary of Homeland Security, after consultation with the Secretaries 
of the Departments of Energy and Transportation and representatives 
from the United States flag maritime industry, takes adequate measures 
to ensure the use of United States flag vessels.
    (b) The Secretary shall notify the Committees on Appropriations of 
the Senate and the House of Representatives, the Committee on Commerce, 
Science, and Transportation of the Senate, and the Committee on 
Transportation and Infrastructure of the House of Representatives 
within 2 business days of any request for waivers of navigation and 
vessel-inspection laws pursuant to section 501(b) of title 46, United 
States Code, with respect to such transportation, and the disposition 
of such requests.
    Sec. 207. (a) Beginning on the date of enactment of this Act, the 
Secretary of Homeland Security shall not--
            (1) establish, collect, or otherwise impose any new border 
        crossing fee on individuals crossing the Southern border or the 
        Northern border at a land port of entry; or
            (2) conduct any study relating to the imposition of a 
        border crossing fee.
    (b) In this section, the term ``border crossing fee'' means a fee 
that every pedestrian, cyclist, and driver and passenger of a private 
motor vehicle is required to pay for the privilege of crossing the 
Southern border or the Northern border at a land port of entry.
    Sec. 208. (a) Not later than 90 days after the date of enactment of 
this Act, the Secretary of Homeland Security shall submit an 
expenditure plan for any amounts made available for ``U.S. Customs and 
Border Protection--Procurement, Construction, and Improvements'' in 
this Act and prior Acts to the Committees on Appropriations of the 
Senate and the House of Representatives.
    (b) No such amounts may be obligated prior to the submission of 
such plan.
    Sec. 209.  Federal funds may not be made available for the 
construction of fencing--
            (1) within the Santa Ana Wildlife Refuge;
            (2) within the Bentsen-Rio Grande Valley State Park;
            (3) within La Lomita Historical park;
            (4) within the National Butterfly Center;
            (5) within or east of the Vista del Mar Ranch tract of the 
        Lower Rio Grande Valley National Wildlife Refuge;
            (6) within any cemetery designated as a historic cemetery 
        under State law or regulation;
            (7) within the San Ygnacio Bird Sanctuary & Riverfront; or
            (8) within the Salineno Wildlife Preserve.
    Sec. 210. (a) The unobligated balances of amounts specified in 
paragraphs (1) through (5) of section 230(a) of division F of the 
Consolidated Appropriations Act, 2018 (Public Law 115-141), section 
230(a)(1) of division A of the Consolidated Appropriations Act, 2019 
(Public Law 116-6), section 209(a)(1) of division D of the Consolidated 
Appropriations Act, 2020 (Public Law 116-93), and section 210 of 
division F of the Consolidated Appropriations Act, 2021 (Public Law 
116-260) shall, in addition to the purposes for which they were 
originally appropriated, be available for--
            (1) the construction and improvement of roads along the 
        southwest border;
            (2) control of vegetation along the southwest border that 
        creates obstacles to the detection of illegal entry;
            (3) remediation and environmental mitigation, including 
        scientific studies, related to border barrier construction, 
        including barrier construction undertaken by the Department of 
        Defense; and
            (4) the acquisition and deployment of border security 
        technology at and between ports of entry along the southwest 
        border.
    (b) Amounts repurposed by this section shall be in addition to any 
other amounts made available for such purposes.
    Sec. 211.  The Secretary of Homeland Security may transfer up to 
$100,000,000 in unobligated balances available from prior 
appropriations Acts under the heading ``U.S. Customs and Border 
Protection--Procurement, Construction, and Improvements'' to the 
Department of the Interior (including any agency or bureau within the 
Department of the Interior) or the Forest Service within the Department 
of Agriculture for the execution of environmental and other mitigation 
projects or activities, including the acquisition of land and 
scientific studies, related to the construction of border barriers on 
the southwest border during fiscal years 2017 through 2021 by U.S. 
Customs and Border Protection and the Department of Defense.
    Sec. 212.  Section 230(b) of division F of the Consolidated 
Appropriations Act, 2018 (Public Law 115-141), section 230(b) of 
division A of the Consolidated Appropriations Act, 2019 (Public Law 
116-6), section 209(b) of division D of the Consolidated Appropriations 
Act, 2020 (Public Law 116-93) (including with respect to section 210 of 
division F of the Consolidated Appropriations Act, 2021 (Public Law 
116-260)) shall no longer apply.
    Sec. 213.  None of the funds provided under the heading ``U.S. 
Immigration and Customs Enforcement--Operations and Support'' may be 
used to continue a delegation of law enforcement authority authorized 
under section 287(g) of the Immigration and Nationality Act (8 U.S.C. 
1357(g)) if the Department of Homeland Security Inspector General 
determines that the terms of the agreement governing the delegation of 
authority have been materially violated.
    Sec. 214. (a) None of the funds provided under the heading ``U.S. 
Immigration and Customs Enforcement--Operations and Support'' may be 
used to continue any contract for the provision of detention services 
if the two most recent overall performance evaluations received by the 
contracted facility are less than ``adequate'' or the equivalent median 
score in any subsequent performance evaluation system.
    (b) The performance evaluations referenced in subsection (a) shall 
be conducted by the U.S. Immigration and Customs Enforcement Office of 
Professional Responsibility.
    Sec. 215.  Without regard to the limitation as to time and 
condition of section 503(d) of this Act, the Secretary may reprogram 
within and transfer funds to ``U.S. Immigration and Customs 
Enforcement--Operations and Support'' as necessary to ensure the 
detention of aliens prioritized for removal.
    Sec. 216.  The reports required to be submitted by U.S. Immigration 
and Customs Enforcement, related to immigration enforcement, under 
section 216 of the Department of Homeland Security Appropriations Act, 
2021 (division F of Public Law 116-260), and section 218 of the 
Department of Homeland Security Appropriations Act, 2020 (division D of 
Public Law 116-260) shall continue to be submitted semimonthly and each 
matter required to be included in each such report by such section 216 
shall apply in the same manner and to the same extent.
    Sec. 217.  No Federal funds may be used to place in detention, 
remove, refer for a decision whether to initiate removal proceedings, 
or initiate removal proceedings against any individual--
            (1) based on information provided to a Federal employee or 
        contractor related to facilitating the sponsorship of an 
        unaccompanied alien child (as defined in section 462(g) of the 
        Homeland Security Act of 2002 (6 U.S.C. 279(g))) or the 
        reunification of such child with a family member; or
            (2) based on information gathered in therapy sessions 
        conducted while in the care of the Office of Refugee 
        Resettlement of the Department of Health and Human Services.
    Sec. 218.  The terms and conditions of section 217 of the 
Department of Homeland Security Appropriations Act, 2020 (division D of 
Public Law 116--93), related to reporting on the U.S. Customs and 
Immigration Enforcement 287(g) program, shall apply to this Act.
    Sec. 219.  Beginning not later than 30 calendar days after the date 
of enactment of this Act and not later than the 21st day of each month 
thereafter, the Director of Immigration and Customs Enforcement (or the 
Director's designee) shall provide a briefing to the Committees on 
Appropriations of the Senate and the House of Representatives on 
obligations and on-board staffing levels at both the account and the 
program, project, and activity level for the prior two fiscal years and 
the current fiscal year, to-date, and projected obligations and 
staffing levels by month for the remainder of the current fiscal year.
    Sec. 220. (a) None of the funds provided under the heading ``U.S. 
Immigration and Customs Enforcement--Operations and Support'' may be 
used to engage in civil immigration enforcement activities, such as 
arrests, expulsions, custodial detentions, removals, or referrals, 
processing, or issuance of charging documents, using Homeland Security 
Investigations personnel, resources, or capabilities, absent probable 
cause that the individual facing such enforcement action has committed 
a criminal offense, excluding state, local, or Federal offenses for 
which an essential element was the noncitizen's immigration status.
    (b) For the purposes of this section, criminal offenses for which 
an essential element was the noncitizen's immigration status includes, 
but is not limited to, offenses identified in sections 264, 266(a), 
266(b), 275, or 276 of the Immigration and Nationality Act and state 
and local offenses for which an essential element was the noncitizen's 
immigration status.
    Sec. 221. (a) No Federal funds may be used for the purposes of 
section 6(d) of Public Law 81-626 (8 U.S.C. 1555(d)).
    (b) Subsection (a) shall not apply if the rate described such 
section for work performed is not less than the rates established under 
paragraph (1) of section 6703 of title 41, United States Code.
    Sec. 222.  Members of the United States House of Representatives 
and the United States Senate, including the leadership; the heads of 
Federal agencies and commissions, including the Secretary, Deputy 
Secretary, Under Secretaries, and Assistant Secretaries of the 
Department of Homeland Security; the United States Attorney General, 
Deputy Attorney General, Assistant Attorneys General, and the United 
States Attorneys; and senior members of the Executive Office of the 
President, including the Director of the Office of Management and 
Budget, shall not be exempt from Federal passenger and baggage 
screening.
    Sec. 223.  Any award by the Transportation Security Administration 
to deploy explosives detection systems shall be based on risk, the 
airport's current reliance on other screening solutions, lobby 
congestion resulting in increased security concerns, high injury rates, 
airport readiness, and increased cost effectiveness.
    Sec. 224.  Notwithstanding section 44923 of title 49, United States 
Code, for fiscal year 2023, any funds in the Aviation Security Capital 
Fund established by section 44923(h) of title 49, United States Code, 
may be used for the procurement and installation of explosives 
detection systems or for the issuance of other transaction agreements 
for the purpose of funding projects described in section 44923(a) of 
such title.
    Sec. 225.  Not later than 45 days after the submission of the 
President's budget proposal, the Administrator of the Transportation 
Security Administration shall submit to the Committees on 
Appropriations and Commerce, Science, and Transportation of the Senate 
and the Committees on Appropriations and Homeland Security in the House 
of Representatives a single report that fulfills the following 
requirements:
            (1) a Capital Investment Plan, both constrained and 
        unconstrained, that includes a plan for continuous and 
        sustained capital investment in new, and the replacement of 
        aged, transportation security equipment;
            (2) the 5-year technology investment plan as required by 
        section 1611 of title XVI of the Homeland Security Act of 2002, 
        as amended by section 3 of the Transportation Security 
        Acquisition Reform Act (Public Law 113-245); and
            (3) the Advanced Integrated Passenger Screening 
        Technologies report as required by the Senate Report 
        accompanying the Department of Homeland Security Appropriations 
        Act, 2019 (Senate Report 115-283).
    Sec. 226.  Section 225 of division A of Public Law 116-6 (49 U.S.C. 
44901 note), relating to a pilot program for screening outside of an 
existing primary passenger terminal screening area, is amended in 
subsection (e) by striking ``2023'' and inserting ``2025''.
    Sec. 227. (a) None of the funds made available by this Act under 
the heading ``Coast Guard--Operations and Support'' shall be for 
expenses incurred for recreational vessels under section 12114 of title 
46, United States Code, except to the extent fees are collected from 
owners of yachts and credited to the appropriation made available by 
this Act under the heading ``Coast Guard--Operations and Support''.
    (b) To the extent such fees are insufficient to pay expenses of 
recreational vessel documentation under such section 12114, and there 
is a backlog of recreational vessel applications, personnel performing 
non-recreational vessel documentation functions under subchapter II of 
chapter 121 of title 46, United States Code, may perform documentation 
under section 12114.
    Sec. 228.  Without regard to the limitation as to time and 
condition of section 503(d) of this Act, after June 30, in accordance 
with the notification requirement described in subsection (b) of such 
section, up to the following amounts may be reprogrammed within ``Coast 
Guard--Operations and Support''--
            (1) $10,000,000 to or from the ``Military Personnel'' 
        funding category; and
            (2) $10,000,000 between the ``Field Operations'' funding 
        subcategories.
    Sec. 229.  Notwithstanding any other provision of law, the 
Commandant of the Coast Guard shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives a future-
years capital investment plan as described in the second proviso under 
the heading ``Coast Guard--Acquisition, Construction, and 
Improvements'' in the Department of Homeland Security Appropriations 
Act, 2015 (Public Law 114-4), which shall be subject to the 
requirements in the third and fourth provisos under such heading.
    Sec. 230.  Of the funds made available for defense-related 
activities under the heading ``Coast Guard--Operations and Support'', 
up to $190,000,000 that are used for enduring overseas missions in 
support of the global fight against terrorism may be reallocated by 
program, project, and activity, notwithstanding section 503 of this 
Act.
    Sec. 231.  Amounts deposited into the Coast Guard Housing Fund in 
fiscal year 2023 shall be available until expended to carry out the 
purposes of section 2946 of title 14, United States Code, and shall be 
in addition to funds otherwise available for such purposes.
    Sec. 232. (a) Notwithstanding section 2110 of title 46, United 
States Code, none of the funds made available in this Act may be used 
to charge a fee for an inspection of a towing vessel, as defined in 46 
CFR Section 136.110, that utilizes the Towing Safety Management System 
option for a Certificate of Inspection issued under subchapter M of 
title 46, Code of Federal Regulations.
    (b) Subsection (a) shall not apply after the date the Commandant of 
the Coast Guard makes a determination under section 815(a) of the Frank 
LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115-282) 
and, as necessary based on such determination, carries out the 
requirements of subsection 815(b) of such Act.
    Sec. 233.  The United States Secret Service is authorized to 
obligate funds in anticipation of reimbursements from executive 
agencies, as defined in section 105 of title 5, United States Code, for 
personnel receiving training sponsored by the James J. Rowley Training 
Center, except that total obligations at the end of the fiscal year 
shall not exceed total budgetary resources available under the heading 
``United States Secret Service--Operations and Support'' at the end of 
the fiscal year.
    Sec. 234. (a) None of the funds made available to the United States 
Secret Service by this Act or by previous appropriations Acts may be 
made available for the protection of the head of a Federal agency other 
than the Secretary of Homeland Security.
    (b) The Director of the United States Secret Service may enter into 
agreements to provide such protection on a fully reimbursable basis.
    Sec. 235.  For purposes of section 503(a)(3) of this Act, up to 
$15,000,000 may be reprogrammed within ``United States Secret Service--
Operations and Support''.
    Sec. 236.  Funding made available in this Act for ``United States 
Secret Service--Operations and Support'' is available for travel of 
United States Secret Service employees on protective missions without 
regard to the limitations on such expenditures in this or any other Act 
if the Director of the United States Secret Service or a designee 
notifies the Committees on Appropriations of the Senate and the House 
of Representatives 10 or more days in advance, or as early as 
practicable, prior to such expenditures.
    Sec. 237.  Subject to any legal limitations on continued detention, 
none of the funds made available by this Act may be used to release 
removable aliens into the United States until the Secretary of Homeland 
Security has determined whether that person is included in the 
terrorist screening database and whether the National Crime Information 
Center includes any active wants or warrants in the jurisdiction where 
such alien is to be released.
    Sec. 238.  None of the funds made available in this Act may be used 
to pay the salaries or expenses of personnel to process aliens 
encountered at the United States border under the immigration laws (as 
such term is defined in section 101 of the Immigration and Nationality 
Act (8 U.S.C. 1101)), if such alien would have been processed under 
section 362 and section 365 of the Public Health Service Act (42 U.S.C. 
265 and 268) as of January 19, 2021, until 180 days after date on which 
the public health emergency relating to the Coronavirus Disease 2019 
pandemic, declared under section 319 of such Act (42 U.S.C. 247d) on 
January 31, 2020, and any continuation of such declaration (including 
the continuation described in Proclamation 9994 on February 24, 2021) 
has been terminated.

                               TITLE III

            PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

            Cybersecurity and Infrastructure Security Agency

                         operations and support

    For necessary expenses of the Cybersecurity and Infrastructure 
Security Agency for operations and support, $2,373,213,000, of which 
$28,293,000, shall remain available until September 30, 2024:  
Provided, That not to exceed $5,500 shall be for official reception and 
representation expenses.

              procurement, construction, and improvements

    For necessary expenses of the Cybersecurity and Infrastructure 
Security Agency for procurement, construction, and improvements, 
$547,148,000, of which $520,048,000 shall remain available until 
September 30, 2025, and of which $27,100,000 shall remain available 
until September 30, 2027.

                        research and development

    For necessary expenses of the Cybersecurity and Infrastructure 
Security Agency for research and development, $7,431,000, to remain 
available until September 30, 2024.

                  Federal Emergency Management Agency

                         operations and support

    For necessary expenses of the Federal Emergency Management Agency 
for operations and support, $1,414,461,000:  Provided, That not to 
exceed $2,250 shall be for official reception and representation 
expenses.

              procurement, construction, and improvements

    For necessary expenses of the Federal Emergency Management Agency 
for procurement, construction, and improvements, $203,730,000, of which 
$126,425,000 shall remain available until September 30, 2025, and of 
which $77,305,000 shall remain available until September 30, 2027.

                           federal assistance

    For activities of the Federal Emergency Management Agency for 
Federal assistance through grants, contracts, cooperative agreements, 
and other activities, $4,051,619,000, which shall be allocated as 
follows:
            (1) $520,000,000 for the State Homeland Security Grant 
        Program under section 2004 of the Homeland Security Act of 2002 
        (6 U.S.C. 605), of which $90,000,000 shall be for Operation 
        Stonegarden, $15,000,000 shall be for Tribal Homeland Security 
        Grants under section 2005 of the Homeland Security Act of 2002 
        (6 U.S.C. 606).  Provided, That notwithstanding subsection 
        (c)(4) of such section 2004, for fiscal year 2023, the 
        Commonwealth of Puerto Rico shall make available to local and 
        tribal governments amounts provided to the Commonwealth of 
        Puerto Rico under this paragraph in accordance with subsection 
        (c)(1) of such section 2004.
            (2) $615,000,000 for the Urban Area Security Initiative 
        under section 2003 of the Homeland Security Act of 2002 (6 
        U.S.C. 604).
            (3) $360,000,000 for the Nonprofit Security Grant Program 
        under sections 2003 and 2004 of the Homeland Security Act of 
        2002 (6 U.S.C. 604 and 605), of which $180,000,000 is for 
        eligible recipients located in high-risk urban areas that 
        receive funding under section 2003 of such Act and $180,000,000 
        is for eligible recipients that are located outside such areas: 
        Provided, That eligible recipients are those described in 
        section 2009(b) of such Act (6 U.S.C. 609a(b)) or are an 
        otherwise eligible recipient at risk of a terrorist or other 
        extremist attack.
            (4) $105,000,000 for Public Transportation Security 
        Assistance, Railroad Security Assistance, and Over-the-Road Bus 
        Security Assistance under sections 1406, 1513, and 1532 of the 
        Implementing Recommendations of the 9/11 Commission Act of 2007 
        (6 U.S.C. 1135, 1163, and 1182), of which $10,000,000 shall be 
        for Amtrak security and $2,000,000 shall be for Over-the-Road 
        Bus Security:  Provided, That such public transportation 
        security assistance shall be provided directly to public 
        transportation agencies.
            (5) $100,000,000 for Port Security Grants in accordance 
        with section 70107 of title 46, United States Code.
            (6) $740,000,000, to remain available until September 30, 
        2024, of which $370,000,000 shall be for Assistance to 
        Firefighter Grants and $370,000,000 shall be for Staffing for 
        Adequate Fire and Emergency Response Grants under sections 33 
        and 34 respectively of the Federal Fire Prevention and Control 
        Act of 1974 (15 U.S.C. 2229 and 2229a).
            (7) $370,000,000 for emergency management performance 
        grants under the National Flood Insurance Act of 1968 (42 
        U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief 
        and Emergency Assistance Act (42 U.S.C. 5121), the Earthquake 
        Hazards Reduction Act of 1977 (42 U.S.C. 7701), section 762 of 
        title 6, United States Code, and Reorganization Plan No. 3 of 
        1978 (5 U.S.C. App.).
            (8) $350,000,000 for necessary expenses for Flood Hazard 
        Mapping and Risk Analysis, in addition to and to supplement any 
        other sums appropriated under the National Flood Insurance 
        Fund, and such additional sums as may be provided by States or 
        other political subdivisions for cost-shared mapping activities 
        under section 1360(f)(2) of the National Flood Insurance Act of 
        1968 (42 U.S.C. 4101(f)(2)), to remain available until 
        expended.
            (9) $12,000,000 for Regional Catastrophic Preparedness 
        Grants.
            (10) $280,000,000 for the emergency food and shelter 
        program under title III of the McKinney-Vento Homeless 
        Assistance Act (42 U.S.C. 11331), to remain available until 
        September 30, 2024, of which $150,000,000 is for the purposes 
        of providing humanitarian relief to families and individuals 
        encountered by the Department of Homeland Security:  Provided, 
        That not to exceed 3.5 percent shall be for total 
        administrative costs.
            (11) $40,000,000 for the Next Generation Warning System.
            (12) $247,500,000, to remain available until September 30, 
        2024, for the purposes, and in the amounts, specified in the 
        table entitled ``Community Project Funding'' under this heading 
        in the report accompanying this Act, in addition to amounts 
        otherwise made available for such purposes; of which 
        $51,856,713 is for emergency operations center grants under 
        section 614 of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5196c); of which 
        $173,118,908 is for pre-disaster mitigation grants under 
        section 203 of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5133(e), notwithstanding 
        subsections (f), (g), and (l) of that section (42 U.S.C. 
        5133(f), (g), and (l)); and of which up to $22,524,379 is for 
        management and administration costs of recipients.
            (13) $312,119,000 to sustain current operations for 
        training, exercises, technical assistance, and other programs.

                          disaster relief fund

    For necessary expenses in carrying out the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
$19,945,000,000 to remain available until expended, shall be for major 
disasters declared pursuant to the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and is designated 
by the Congress as being for disaster relief pursuant to section 1(f) 
of H. Res. 1151 (117th Congress), as engrossed in the House of 
Representatives on June 8, 2022.

                     national flood insurance fund

    For activities under the National Flood Insurance Act of 1968 (42 
U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42 
U.S.C. 4001 et seq.), the Biggert-Waters Flood Insurance Reform Act of 
2012 (Public Law 112-141, 126 Stat. 916), and the Homeowner Flood 
Insurance Affordability Act of 2014 (Public Law 113-89; 128 Stat. 
1020), $225,000,000, to remain available until September 30, 2024, 
which shall be derived from offsetting amounts collected under section 
1308(d) of the National Flood Insurance Act of 1968 (42 U.S.C. 
4015(d)); of which $18,500,000 shall be available for mission support 
associated with flood management; and of which $206,500,000 shall be 
available for flood plain management and flood mapping:  Provided, That 
any additional fees collected pursuant to section 1308(d) of the 
National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)) shall be 
credited as offsetting collections to this account, to be available for 
flood plain management and flood mapping:  Provided further, That in 
fiscal year 2023, no funds shall be available from the National Flood 
Insurance Fund under section 1310 of the National Flood Insurance Act 
of 1968 (42 U.S.C. 4017) in excess of--
            (1) $233,700,000 for operating expenses and salaries and 
        expenses associated with flood insurance operations;
            (2) $960,647,000 for commissions and taxes of agents;
            (3) such sums as are necessary for interest on Treasury 
        borrowings; and
            (4) $175,000,000, which shall remain available until 
        expended, for flood mitigation actions and for flood mitigation 
        assistance under section 1366 of the National Flood Insurance 
        Act of 1968 (42 U.S.C. 4104c), notwithstanding sections 1366(e) 
        and 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017):
  Provided further, That the amounts collected under section 102 of the 
Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) and section 
1366(e) of the National Flood Insurance Act of 1968 (42 U.S.C. 
4104c(e)), shall be deposited in the National Flood Insurance Fund to 
supplement other amounts specified as available for section 1366 of the 
National Flood Insurance Act of 1968, notwithstanding section 
102(f)(8), section 1366(e) of the National Flood Insurance Act of 1968, 
and paragraphs (1) through (3) of section 1367(b) of such Act (42 
U.S.C. 4012a(f)(8), 4104c(e), 4104d(b)(1)-(3)):  Provided further, That 
total administrative costs shall not exceed 4 percent of the total 
appropriation:  Provided further, That up to $5,000,000 is available to 
carry out section 24 of the Homeowner Flood Insurance Affordability Act 
of 2014 (42 U.S.C. 4033).

                       Administrative Provisions

    Sec. 301. (a) Notwithstanding section 2008(a)(12) of the Homeland 
Security Act of 2002 (6 U.S.C. 609(a)(12)) or any other provision of 
law, not more than 5 percent of the amount of a grant made available in 
paragraphs (1) through (5) under ``Federal Emergency Management 
Agency--Federal Assistance'', may be used by the recipient for expenses 
directly related to administration of the grant.
    (b) The authority provided in subsection (a) shall also apply to a 
state recipient for the administration of a grant under paragraph (3) 
under such heading for the Nonprofit Security Grant Program.
    Sec. 302.  Notwithstanding clauses (i) through (v) of section 
204(e)(1)(A) of the Homeland Security Act of 2002 (6 U.S.C. 
605(e)(1)(A)(i) through (v)), for fiscal year 2023, the meaning of 
``total funds appropriated for grants under this section and section 
2003'' shall not include any funds appropriated for the Nonprofit 
Security Grant Program under paragraph (3) under the heading ``Federal 
Emergency Management Agency--Federal Assistance''.
    Sec. 303.  Applications for grants under the heading ``Federal 
Emergency Management Agency--Federal Assistance'', for paragraphs (1) 
through (4), shall be made available to eligible applicants not later 
than 60 days after the date of enactment of this Act, eligible 
applicants shall submit applications not later than 80 days after the 
grant announcement, and the Administrator of the Federal Emergency 
Management Agency shall act within 65 days after the receipt of an 
application.
    Sec. 304. (a) Under the heading ``Federal Emergency Management 
Agency--Federal Assistance'', for grants under paragraphs (1) through 
(5) and (9), the Administrator of the Federal Emergency Management 
Agency shall brief the Committees on Appropriations of the Senate and 
the House of Representatives 5 full business days in advance of 
announcing publicly the intention of making an award.
    (b) If any such public announcement is made before 5 full business 
days have elapsed following such briefing, $1,000,000 of amounts 
appropriated by this Act for ``Federal Emergency Management Agency--
Operations and Support'' shall be rescinded.
    Sec. 305.  Under the heading ``Federal Emergency Management 
Agency--Federal Assistance'', for grants under paragraphs (1) and (2), 
the installation of communications towers is not considered 
construction of a building or other physical facility.
    Sec. 306.  The reporting requirements in paragraphs (1) and (2) 
under the heading ``Federal Emergency Management Agency--Disaster 
Relief Fund'' in the Department of Homeland Security Appropriations 
Act, 2015 (Public Law 114-4), related to reporting on the Disaster 
Relief Fund, shall be applied in fiscal year 2023 with respect to 
budget year 2024 and current fiscal year 2023, respectively--
            (1) in paragraph (1) by substituting ``fiscal year 2024'' 
        for ``fiscal year 2016''; and
            (2) in paragraph (2) by inserting ``business'' after 
        ``fifth''.
    Sec. 307.  In making grants under the heading ``Federal Emergency 
Management Agency--Federal Assistance'', for Staffing for Adequate Fire 
and Emergency Response grants, the Administrator of the Federal 
Emergency Management Agency may grant waivers from the requirements in 
subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1), (c)(2), and (c)(4) 
of section 34 of the Federal Fire Prevention and Control Act of 1974 
(15 U.S.C. 2229a).
    Sec. 308. (a) The aggregate charges assessed during fiscal year 
2023, as authorized in title III of the Departments of Veterans Affairs 
and Housing and Urban Development, and Independent Agencies 
Appropriations Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 
percent of the amounts anticipated by the Department of Homeland 
Security to be necessary for its Radiological Emergency Preparedness 
Program for the next fiscal year.
    (b) The methodology for assessment and collection of fees shall be 
fair and equitable and shall reflect costs of providing such services, 
including administrative costs of collecting such fees.
    (c) Such fees shall be deposited in a Radiological Emergency 
Preparedness Program account as offsetting collections and will become 
available for authorized purposes on October 1, 2023, and remain 
available until expended.
    Sec. 309.  In making grants under the heading ``Federal Emergency 
Management Agency--Federal Assistance'', for Assistance to Firefighter 
Grants, the Administrator of the Federal Emergency Management Agency 
may waive subsection (k) of section 33 of the Federal Fire Prevention 
and Control Act of 1974 (15 U.S.C. 2229).

                                TITLE IV

             RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES

               U.S. Citizenship and Immigration Services

                         operations and support

    For necessary expenses of U.S. Citizenship and Immigration Services 
for operations and support, including for the E-Verify Program, 
application processing, the reduction of backlogs within asylum, field, 
and service center offices, and for the Refugee, Asylum, and 
International Operations Programs, $653,293,000:  Provided, That such 
amounts shall be in addition to any other amounts made available for 
such purposes, and shall not be construed to require any reduction of 
any fee described in section 286(m) of the Immigration and Nationality 
Act (8 U.S.C. 1356(m)):  Provided further, That not to exceed $2,500 
shall be for official reception and representation expenses:  Provided 
further, That, notwithstanding any other provision of law, not to 
exceed $20,000,000, to remain available until September 30, 2024, shall 
be for implementation of the Deferred Action for Childhood Arrivals 
Program of the Secretary of Homeland Security, established pursuant to 
the memorandum from the Secretary of Homeland Security entitled 
`Exercising Prosecutorial Discretion with Respect to Individuals Who 
Came to the United States as Children', dated June 15, 2012, including 
for the processing of applications for such program and for work 
authorization under such program.

                           federal assistance

    For necessary expenses of U.S. Citizenship and Immigration Services 
for Federal assistance for the Citizenship and Integration Grant 
Program, $30,000,000, to remain available until September 30, 2024.

                Federal Law Enforcement Training Centers

                         operations and support

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

              procurement, construction, and improvements

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

                   Science and Technology Directorate

                         operations and support

    For necessary expenses of the Science and Technology Directorate 
for operations and support, including the purchase or lease of not to 
exceed 5 vehicles, $369,107,000, of which $215,397,000 shall remain 
available until September 30, 2024:  Provided, That not to exceed 
$10,000 shall be for official reception and representation expenses.

              procurement, construction, and improvements

    For necessary expenses of the Science and Technology Directorate 
for procurement, construction, and improvements, $63,716,000, to remain 
available until September 30, 2027.

                        research and development

    For necessary expenses of the Science and Technology Directorate 
for research and development, $530,954,000, to remain available until 
September 30, 2025.

             Countering Weapons of Mass Destruction Office

                         operations and support

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

              procurement, construction, and improvements

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

                        research and development

    For necessary expenses of the Countering Weapons of Mass 
Destruction Office for research and development, $82,515,000, to remain 
available until September 30, 2025.

                           federal assistance

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

                       Administrative Provisions

    Sec. 401. (a) Notwithstanding any other provision of law, funds 
otherwise made available to U.S. Citizenship and Immigration Services 
may be used to acquire, operate, equip, and dispose of up to 5 
vehicles, for replacement only, for areas where the Administrator of 
General Services does not provide vehicles for lease.
    (b) The Director of U.S. Citizenship and Immigration Services may 
authorize employees who are assigned to those areas to use such 
vehicles to travel between the employees' residences and places of 
employment.
    Sec. 402.  None of the funds appropriated by this Act may be used 
to process or approve a competition under Office of Management and 
Budget Circular A-76 for services provided by employees (including 
employees serving on a temporary or term basis) of U.S. Citizenship and 
Immigration Services of the Department of Homeland Security who are 
known as Immigration Information Officers, Immigration Service 
Analysts, Contact Representatives, Investigative Assistants, or 
Immigration Services Officers.
    Sec. 403.  Notwithstanding any other provision of law, any Federal 
funds made available to U.S. Citizenship and Immigration Services may 
be used for the collection and use of biometrics taken at a U.S. 
Citizenship and Immigration Services Application Support Center that is 
overseen virtually by U.S. Citizenship and Immigration Services 
personnel using appropriate technology.
    Sec. 404. (a) The numerical limitations in sections 201, 202, and 
203 of the Immigration and Nationality Act (8 U.S.C. 1151, 1152, and 
1153) shall not apply during fiscal year 2023 or during any subsequent 
fiscal year to an alien described in section 101(a)(27)(J) of that Act 
(8 U.S.C. 1101(a)(27)(J)) for whom a petition for classification under 
section 203(b)(4) of that Act (8 U.S.C. 1153(b)(4)) was filed before 
October 1, 2023.
    (b) This section shall take effect on June 1, 2023.
    Sec. 405. (a)(1) Notwithstanding any other provision of law, 
beginning in fiscal year 2023, the number of family-sponsored immigrant 
visas that may be issued under section 203(a) of the Immigration and 
Nationality Act (8 U.S.C. 1153(a)) shall be increased by the number 
computed under paragraph (2). Section 202(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1152(a)(2)) shall not apply to the additional 
family-sponsored immigrant visas made available under this paragraph.
    (2) The number computed under this paragraph is the difference, if 
any, between--
    (A) the difference, if any, between--
            (i) the number of visas that were originally made available 
        to family-sponsored immigrants under section 201(c)(1) of the 
        Immigration and Nationality Act (8 U.S.C. 1151(c)(1)) for 
        fiscal years 1992 through 2021, reduced by any unused visas 
        made available to such immigrants in such fiscal years under 
        section 201(c)(3) of such Act (8 U.S.C. 1151(c)(3)); and
            (ii) the number of visas described in clause (i) that were 
        issued under section 203(a) of the Immigration and Nationality 
        Act (8 U.S.C. 1153(a)), or, in accordance with section 
        201(d)(2)(C) of such Act (8 U.S.C. 1151(d)(2)(C)), under 
        section 203(b) of such Act (8 U.S.C. 1153(b)); and
    (B) the number of visas resulting from the calculation under 
subparagraph (A) issued under section 203(a) of the Immigration and 
Nationality Act (8 U.S.C. 1153(a)) after fiscal year 2022.
            (3) The number of family-sponsored immigrant visas computed 
        under paragraph (2) that may be issued under section 203(a) of 
        the Immigration and Nationality Act (8 U.S.C. 1153(a)) shall be 
        allotted between the family-sponsored categories at the start 
        of every fiscal year as follows:
                    (A) 10.4 percent to family-sponsored immigrants 
                under section 203(a)(1) of the Immigration and 
                Nationality Act (8 U.S.C. 1153(a)(1)), plus any visa 
                available under this paragraph not required for 
                subparagraph (E);
                    (B) 38.9 percent to family-sponsored immigrants 
                under section 203(a)(2)(A) of the Immigration and 
                Nationality Act (8 U.S.C. 1153(a)(2)(A)), plus any visa 
                available under this paragraph not required for 
                subparagraph (A);
                    (C) 11.6 percent to family-sponsored immigrants 
                under section 203(a)(2)(B) of the Immigration and 
                Nationality Act (8 U.S.C. 1153(a)(2)(B)), plus any visa 
                available under this paragraph not required for 
                subparagraphs (A) and (B);
                    (D) 10.4 percent to family-sponsored immigrants 
                under section 203(a)(3) of the Immigration and 
                Nationality Act (8 U.S.C. 1153(a)(3)), plus any visa 
                available under this paragraph not required for 
                subparagraphs (A) through (C); and
                    (E) 28.7 percent to family-sponsored immigrants 
                under section 203(a)(4) of the Immigration and 
                Nationality Act (8 U.S.C. 1153(a)(4)), plus any visa 
                available under this paragraph not required for 
                subparagraphs (A) through (D).
    (b)(1) Notwithstanding any other provision of law, beginning in 
fiscal year 2023, the number of employment-based immigrant visas that 
may be issued under section 203(b) of the Immigration and Nationality 
Act (8 U.S.C. 1153(b)) shall be increased by the number computed under 
paragraph (2). Section 202(a)(2) of the Immigration and Nationality Act 
(8 U.S.C. 1152(a)(2)) shall not apply to the additional employment-
based immigrant visas made available under this paragraph.
    (2) The number computed under this paragraph is the difference, if 
any, between--
            (A) the difference, if any, between--
                    (i) the number of visas that were originally made 
                available to employment-based immigrants under section 
                201(d)(1) of the Immigration and Nationality Act (8 
                U.S.C. 1151(d)(1)) for fiscal years 1992 through 2022, 
                reduced by any unused visas made available to such 
                immigrants in such fiscal years under section 201(d)(2) 
                of the Immigration and Nationality Act (8 U.S.C. 
                1151(d)(2)); and
                    (ii) the number of visas described in clause (i) 
                that were issued under section 203(b) of the 
                Immigration and Nationality Act (8 U.S.C. 1153(b)), or, 
                in accordance with section 201(c)(3)(C) of the 
                immigration and Nationality Act (8 U.S.C. 
                1151(c)(3)(C)), under section 203(a) of the Immigration 
                and Nationality Act (8 U.S.C. 1153(a)); and
            (B) the number of visas resulting from the calculation 
        under subparagraph (A) issued under section 203(b) of the 
        Immigration and Nationality Act (8 U.S.C. 1153(b)) after fiscal 
        year 2022.
            (3) The number of employment-based immigrant visas computed 
        under paragraph (2) that may be issued under section 203(b) of 
        the Immigration and Nationality Act (8 U.S.C. 1153(b)) shall be 
        allotted between the employment-based categories at the start 
        of every fiscal year as follows:
                    (A) 28.6 percent to employment-based immigrants 
                under section 203(b)(1) of the Immigration and 
                Nationality Act (8 U.S.C. 1153(b)(1)), plus any visa 
                available under this paragraph not required for 
                subparagraph (F);
                    (B) 28.6 percent to employment-based immigrants 
                under section 203(b)(2) of the Immigration and 
                Nationality Act (8 U.S.C. 1153(b)(2)), plus any visa 
                available under this paragraph not required for 
                subparagraph (A);
                    (C) 21.5 percent to employment-based immigrants 
                under section 203(b)(3)(A)(i) and (ii) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1153(b)(3)(A)(i) and (ii)), plus any visa available 
                under this paragraph not required for subparagraphs (A) 
                and (B);
                    (D) 7.1 percent to employment-based immigrants 
                under section 203(b)(3)(A)(iii) of the Immigration and 
                Nationality Act (8 U.S.C. 1153(b)(3)(A)(iii)), plus any 
                visa available under this paragraph not required for 
                subparagraphs (A) through (C);
                    (E) 7.1 percent to employment-based immigrants 
                under section 203(b)(4) of the Immigration and 
                Nationality Act (8 U.S.C. 1153(b)(4)), plus any visa 
                available under this paragraph not required for 
                subparagraphs (A) through (D); and
                    (F) 7.1 percent to employment-based immigrants 
                under section 203(b)(5) of the Immigration and 
                Nationality Act (8 U.S.C. 1153(b)(5)), plus any visa 
                available under this paragraph not required for 
                subparagraphs (A) through (E).
    (c) Section 201(c) of the Immigration and Nationality Act (8 U.S.C. 
1151(c)) is amended to read as follows:
    ``(c) Worldwide Level of Family-Sponsored Immigrants.--The 
worldwide level of family-sponsored immigrants under this subsection 
for a fiscal year is equal to--
            ``(1) 226,000, plus
            ``(2) the difference (if any) between the maximum number of 
        visas which may be issued under section 203(a) (relating to 
        family-sponsored immigrants) during the previous fiscal year 
        and the number of aliens who were issued immigrant visas or who 
        otherwise acquired the status of aliens lawfully admitted to 
        the United States for permanent residence under that section 
        during that year.''.
    (d) Section 201(d) of the Immigration and Nationality Act (8 U.S.C. 
1151(d)) is amended to read as follows:
    ``(d) Worldwide Level of Employment-Based Immigrants.--The 
worldwide level of employment-based immigrants under this subsection 
for a fiscal year is equal to--
            ``(1) 140,000, plus
            ``(2) the difference (if any) between the maximum number of 
        visas which may be issued under section 203(b) (relating to 
        employment-based immigrants) during the previous fiscal year 
        and the number of aliens who were issued immigrant visas or who 
        otherwise acquired the status of aliens lawfully admitted to 
        the United States for permanent residence under that section 
        during that year.''.
    Sec. 406. (a) Notwithstanding section 204(a)(1)(I)(ii)(II) of the 
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(I)(ii)(II)), and 
subject to subsection (d) of this section, an immigrant visa for those 
selected in accordance with section 203(e)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1153(e)(2)) in any of fiscal years 2017, 
2018, 2019, 2020, or 2021 shall remain available to such alien if the 
alien was refused a visa, prevented from seeking admission, or denied 
admission to the United States solely because of--
    (1) Executive Order 13769 (82 Fed. Reg. 8977; relating to 
``Protecting the Nation from Foreign Terrorist Entry into The United 
States'');
    (2) Executive Order 13780 (82 Fed. Reg. 13209; relating 
``Protecting the Nation from Foreign Terrorist Entry into the United 
States'');
    (3) Proclamation 9645 (82 Fed. Reg. 45161; relating to ``Enhancing 
Vetting Capabilities and Processes for Detecting Attempted Entry into 
the United States by Terrorists or Other Public-Safety Threats''); or
    (4) Proclamation 9983 (85 Fed. Reg. 6699; relating to ``Improving 
Enhanced Vetting Capabilities and Processes for Detecting Attempted 
Entry into the United States by Terrorists or Other Public-Safety 
Threats'').
    (b) Not later than 90 days after the date of the enactment of this 
section, the Secretary of State shall--
            (1) provide written notice, consistent with subsection (c), 
        to each alien described in subsection (a) (and such alien's 
        representative, if applicable) of the alien's continuing 
        eligibility to apply for a visa under section 203(c) of the 
        Immigration and Nationality Act (8 U.S.C. 1153(c)); and
            (2) publish on the Department of State website, information 
        and procedures implementing this section.
    (c) The notice described in subsection (b)(1) shall include 
procedures for the alien to inform the Secretary of State of the 
alien's intent to proceed with or abandon the application, and shall 
include an advisal that such application shall be deemed abandoned if 
the alien fails to notify the Secretary of the alien's intent to 
proceed within one year after the date on which the notice was issued.
    (d) An alien described in subsection (a) shall remain eligible to 
receive a visa described in such subsection until the earliest of the 
date that--
            (1) the alien--
                    (A) notifies the Secretary of the alien's intent to 
                abandon the application; or
                    (B) fails to respond to the notice described in 
                subsection (b)(1); or
            (2) the Secretary of State makes a final determination of 
        the alien's ineligibility for such visa under section 
        203(c)(2), 204(a)(1)(I)(iii), or 212(a) of the Immigration and 
        Nationality Act (8 U.S.C. 1153(c)(2), 1154(a)(1)(I)(iii), or 
        1182(a)).
    (e) A determination of whether an alien is the child of a visa 
recipient described in subsection (a), pursuant to section 203(d) of 
the Immigration and Nationality Act (8 U.S.C. 1153(d)) shall be made 
using the age of the child when an applicant was initially selected for 
a visa in accordance with section 203(e)(2) of such Act.
    Sec. 407. (a) Notwithstanding the numerical limitation set forth in 
section 214(g)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 
1184(g)(1)(B)), the Secretary of Homeland Security, after consultation 
with the Secretary of Labor and upon the determination that the needs 
of American businesses cannot be satisfied in fiscal year 2023 with 
United States workers who are willing, qualified, and able to perform 
temporary nonagricultural labor, may increase the total number of 
aliens who may receive a visa under section 101(a)(15)(H)(ii)(b) of 
such Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) in such fiscal year above 
such limitation by not more than the highest number of H-2B 
nonimmigrants who participated in the H-2B returning worker program in 
any fiscal year in which returning workers were exempt from such 
numerical limitation.
    (b) The Secretary of Homeland Security shall issue guidance 
implementing this section not later than 60 days after the date of 
enactment of this Act.
    (c) Notwithstanding section 553 of title 5, United States Code, 
such guidance may be published on the internet website of the 
Department of Homeland Security, and shall be effective immediately 
upon such publication.
    Sec. 408.  In fiscal year 2023, nonimmigrants shall be admitted to 
the United States under section 101(a)(l5)(H)(ii)(a) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) to perform 
agricultural labor or services, without regard to whether such labor 
is, or services are, of a temporary or seasonal nature.
    Sec. 409. The Director of the Federal Law Enforcement Training 
Centers is authorized to distribute funds to Federal law enforcement 
agencies for expenses incurred participating in training accreditation.
    Sec. 410.  The Federal Law Enforcement Training Accreditation 
Board, including representatives from the Federal law enforcement 
community and non-Federal accreditation experts involved in law 
enforcement training, shall lead the Federal law enforcement training 
accreditation process to continue the implementation of measuring and 
assessing the quality and effectiveness of Federal law enforcement 
training programs, facilities, and instructors.
    Sec. 411. (a) The Director of the Federal Law Enforcement Training 
Centers may accept transfers to its ``Procurement, Construction, and 
Improvements'' account from Government agencies requesting the 
construction of special use facilities, as authorized by the Economy 
Act (31 U.S.C. 1535(b)).
    (b) The Federal Law Enforcement Training Centers shall maintain 
administrative control and ownership upon completion of such 
facilities.
    Sec. 412.  The functions of the Federal Law Enforcement Training 
Centers instructor staff shall be classified as inherently governmental 
for purposes of the Federal Activities Inventory Reform Act of 1998 (31 
U.S.C. 501 note).

                                TITLE V

                           GENERAL PROVISIONS

             (including transfers and rescissions of funds)

    Sec. 501.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 502.  Subject to the requirements of section 503 of this Act, 
the unexpended balances of prior appropriations provided for activities 
in this Act may be transferred to appropriation accounts for such 
activities established pursuant to this Act, may be merged with funds 
in the applicable established accounts, and thereafter may be accounted 
for as one fund for the same time period as originally enacted.
    Sec. 503. (a) None of the funds provided to the Department of 
Homeland Security by this Act, by prior Acts, or from any accounts in 
the Treasury of the United States derived from the collection of fees 
available to the components funded by this Act, shall be available for 
obligation or expenditure through a reprogramming of funds that--
    (1) creates a new program, project, or activity;
    (2) eliminates a program, project, or activity;
    (3) augments funding for any program, project, or activity in 
excess of $5,000,000 or 10 percent, whichever is less; or
    (4) reduces funding for any program, project, or activity, or 
numbers of personnel, by 10 percent or more.
            (b) Subsection (a) shall not apply if the Committees on 
        Appropriations of the Senate and the House of Representatives 
        are notified at least 15 days in advance of such reprogramming 
        by the Under Secretary for Management of the Department of 
        Homeland Security.
            (c) Up to 5 percent of any appropriation made available to 
        the Department of Homeland Security by this Act or provided by 
        previous appropriations Acts may be transferred between 
        appropriations to address exigent requirements or circumstances 
        if the Committees on Appropriations of the Senate and the House 
        of Representatives are notified at least 30 days in advance of 
        such transfer, except that--
                    (1) no such appropriation shall be augmented by 
                more than 10 percent by such transfers unless otherwise 
                specifically provided in this Act; and
                    (2) no funding may be transferred from an 
                appropriation that is designated by the Congress as 
                being for--
                            (A) an emergency requirement pursuant to a 
                        concurrent resolution on the budget; or
                            (B) disaster relief pursuant to a 
                        concurrent resolution on the budget.
            (d) Notwithstanding subsections (b) and (c), no funds shall 
        be obligated for any purpose described in subsection (a) and no 
        funds shall be transferred between appropriations based upon an 
        initial notification provided after June 30, except--
                    (1) as otherwise provided in this Act; or
                    (2) when the Under Secretary for Management 
                provides a written justification and certifies in 
                writing to the Committees on Appropriations of the 
                Senate and the House of Representatives that such 
                action is necessary due to extraordinary circumstances 
                that imminently threaten the safety of human life or 
                the protection of property.
    (e) Notwithstanding subsection (c), the Secretary of Homeland 
Security may transfer to the fund established by 8 U.S.C. 1101 note, up 
to $20,000,000 from appropriations available to the Department of 
Homeland Security if the Secretary notifies the Committees on 
Appropriations of the Senate and the House of Representatives at least 
5 days in advance of such transfer.
    (f) For purposes of this section--
    (1) The term ``program, project, or activity'' means--
            (A) each item listed under an appropriation account or fee 
        funded program account for which an amount is specified in the 
        detailed funding table located at the end of the explanatory 
        statement accompanying the applicable appropriations Act;
            (B) each item for which the explanatory statement 
        accompanying the applicable appropriations Act specifies a 
        funding amount, except for references to increases or 
        reductions below the budget request; or
            (C) in the case of subsection (a)(1), any allowable use of 
        funds that is not within the scope of an item described in 
        subparagraph (A) or (B) of this paragraph, except for such 
        accounts or programs for which there are no such items;
                    (2) The term ``reprogramming of funds'' means a 
                reduction to or augmentation of a funding amount 
                specified in the explanatory statement accompanying the 
                applicable appropriations Act for a program, project, 
                or activity; and
                    (3) The term ``exigent requirements or 
                circumstances'' means those requirements or 
                circumstances for which an inability to increase 
                budgetary resources through a transfer of funds during 
                the current fiscal year would result in a significant 
                increase in costs to the Federal government in the 
                current or a subsequent fiscal year or would seriously 
                compromise needed departmental capabilities.
    Sec. 504. (a) None of the funds provided by this Act, by prior 
Acts, or from any accounts in the Treasury of the United States derived 
from the collection of fees available to the components funded by this 
Act, shall be available for an obligation that contracts out any 
function presently performed by Federal personnel or any new function 
proposed to be performed by Federal personnel in the President's 
budget, submitted pursuant to section 1105(a) of title 31, United 
States Code, and accompanying justification materials for the fiscal 
year funded by this Act or prior Department of Homeland Security 
appropriations Acts.
    (b) None of the funds provided by this Act or prior Department of 
Homeland Security Appropriations Acts for ``Procurement, Construction, 
and Improvements'' may be available for an obligation for any purpose 
that was not--
            (1) proposed in the President's budget, submitted pursuant 
        to section 1105(a) of title 31, United States Code, and 
        accompanying justification materials, for the applicable fiscal 
        year; or
            (2) explicitly described in the applicable appropriations 
        Act or the explanatory statement accompanying such Act.
    (c) None of the funds provided by this Act or prior Department of 
Homeland Security Appropriations Acts for ``Operations and Support'' 
may be available for an obligation to establish or eliminate any office 
or other functional unit affecting more than 10 full-time personnel 
equivalents unless such establishment or elimination was--
            (1) proposed in the President's budget, submitted pursuant 
        to section 1105(a) of title 31, United States Code, and 
        accompanying justification materials, for the applicable fiscal 
        year; or
            (2) explicitly described in the applicable appropriations 
        Act or the explanatory statement accompanying such Act.
    (d) Subsections (a), (b), and (c) shall not apply if the Committees 
on Appropriations of the Senate and the House of Representatives are 
notified at least 15 days in advance of such obligation by the Under 
Secretary for Management of the Department of Homeland Security.
    Sec. 505. (a) Except as otherwise specifically provided by law, not 
to exceed 50 percent of unobligated balances remaining available at the 
end of fiscal year 2023, as recorded in the financial records at the 
time of a reprogramming notification, but not later than June 30, 2024, 
from appropriations for ``Operations and Support'' for fiscal year 2023 
in this Act shall remain available through September 30, 2024, in the 
account and for the purposes for which the appropriations were 
provided.
    (b) Prior to the obligation of such funds, a notification shall be 
submitted to the Committees on Appropriations of the Senate and the 
House of Representatives in accordance with section 503 of this Act.
    Sec. 506. (a) Section 504 of the Department of Homeland Security 
Appropriations Act, 2017 (division F of Public Law 115-31), related to 
the operations of a working capital fund, shall apply with respect to 
funds made available in this Act in the same manner as such section 
applied to funds made available in that Act.
    (b) Funds from such working capital fund may be obligated and 
expended in anticipation of reimbursements from components of the 
Department of Homeland Security.
    Sec. 507. (a) Funds made available by this Act for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2023 until the enactment of an Act authorizing 
intelligence activities for fiscal year 2023.
    (b) Amounts described in subsection (a) made available for 
``Intelligence, Analysis, and Situational Awareness--Operations and 
Support'' that exceed the amounts in such authorization for such 
account shall be transferred to and merged with amounts made available 
under the heading ``Management Directorate--Operations and Support''.
    (c) Prior to the obligation of any funds transferred under 
subsection (b), the Management Directorate shall brief the Committees 
on Appropriations of the Senate and the House of Representatives on a 
plan for the use of such funds.
    Sec. 508. (a) The Secretary of Homeland Security, or the designee 
of the Secretary, shall notify the Committees on Appropriations of the 
Senate and the House of Representatives at least 3 full business days 
in advance of--
            (1) making or awarding a grant allocation or grant in 
        excess of $1,000,000;
            (2) making or awarding a contract, other transaction 
        agreement, or task or delivery order on a Department of 
        Homeland Security multiple award contract, or to issue a letter 
        of intent totaling in excess of $4,000,000;
            (3) awarding a task or delivery order requiring an 
        obligation of funds in an amount greater than $10,000,000 from 
        multi-year Department of Homeland Security funds;
            (4) making a sole-source grant award; or
            (5) announcing publicly the intention to make or award 
        items under paragraph (1), (2), (3), or (4), including a 
        contract covered by the Federal Acquisition Regulation.
    (b) If the Secretary of Homeland Security determines that 
compliance with this section would pose a substantial risk to human 
life, health, or safety, an award may be made without notification, and 
the Secretary shall notify the Committees on Appropriations of the 
Senate and the House of Representatives not later than 5 full business 
days after such an award is made or letter issued.
    (c) A notification under this section--
            (1) may not involve funds that are not available for 
        obligation; and
            (2) shall include the amount of the award; the fiscal year 
        for which the funds for the award were appropriated; the type 
        of contract; and the account from which the funds are being 
        drawn.
    Sec. 509.  Notwithstanding any other provision of law, no agency 
shall purchase, construct, or lease any additional facilities, except 
within or contiguous to existing locations, to be used for the purpose 
of conducting Federal law enforcement training without advance 
notification to the Committees on Appropriations of the Senate and the 
House of Representatives, except that the Federal Law Enforcement 
Training Centers is authorized to obtain the temporary use of 
additional facilities by lease, contract, or other agreement for 
training that cannot be accommodated in existing Centers' facilities.
    Sec. 510.  None of the funds appropriated or otherwise made 
available by this Act may be used for expenses for any construction, 
repair, alteration, or acquisition project for which a prospectus 
otherwise required under chapter 33 of title 40, United States Code, 
has not been approved, except that necessary funds may be expended for 
each project for required expenses for the development of a proposed 
prospectus.
    Sec. 511.  No Federal funds may be available to pay the salary of 
any employee serving as a contracting officer's representative, or 
anyone acting in a similar capacity, who has not received contracting 
officer's representative training.
    Sec. 512. (a) None of the funds made available in this Act may be 
used in contravention of the applicable provisions of the Buy American 
Act.
    (b) For purposes of subsection (a), the term ``Buy American Act'' 
means chapter 83 of title 41, United States Code.
    Sec. 513.  None of the funds made available in this Act may be used 
to amend the oath of allegiance required by section 337 of the 
Immigration and Nationality Act (8 U.S.C. 1448).
    Sec. 514.  None of the funds provided or otherwise made available 
in this Act shall be available to carry out section 872 of the Homeland 
Security Act of 2002 (6 U.S.C. 452) unless explicitly authorized by the 
Congress.
    Sec. 515.  None of the funds made available in this Act may be used 
for planning, testing, piloting, or developing a national 
identification card.
    Sec. 516.  Any official that is required by this Act to report or 
to certify to the Committees on Appropriations of the Senate and the 
House of Representatives may not delegate such authority to perform 
that act unless specifically authorized herein.
    Sec. 517.  None of the funds made available in this Act may be used 
for first-class travel by the employees of agencies funded by this Act 
in contravention of sections 301-10.122 through 301-10.124 of title 41, 
Code of Federal Regulations.
    Sec. 518.  Notwithstanding any other provision of this Act, none of 
the funds appropriated or otherwise made available by this Act may be 
used to pay award or incentive fees for contractor performance that has 
been judged to be below satisfactory performance or performance that 
does not meet the basic requirements of a contract.
    Sec. 519. (a) None of the funds made available in this Act may be 
used to maintain or establish a computer network unless such network 
blocks the viewing, downloading, and exchanging of pornography.
    (b) Nothing in subsection (a) shall limit the use of funds 
necessary for any Federal, State, tribal, territorial, or local law 
enforcement agency or any other entity carrying out criminal 
investigations, prosecution, or adjudication activities.
    Sec. 520.  None of the funds made available in this Act may be used 
by a Federal law enforcement officer to facilitate the transfer of an 
operable firearm to an individual if the Federal law enforcement 
officer knows or suspects that the individual is an agent of a drug 
cartel unless law enforcement personnel of the United States 
continuously monitor or control the firearm at all times.
    Sec. 521. (a) None of the funds made available in this Act may be 
used to pay for the travel to or attendance of more than 50 employees 
of a single component of the Department of Homeland Security, who are 
stationed in the United States, at a single international conference 
unless the Secretary of Homeland Security, or a designee, determines 
that such attendance is in the national interest and notifies the 
Committees on Appropriations of the Senate and the House of 
Representatives within at least 10 days of that determination and the 
basis for that determination.
    (b) For purposes of this section the term ``international 
conference'' shall mean a conference occurring outside of the United 
States attended by representatives of the United States Government and 
of foreign governments, international organizations, or nongovernmental 
organizations.
    (c) The total cost to the Department of Homeland Security of any 
such conference shall not exceed $500,000.
    (d) Employees who attend a conference virtually without travel away 
from their permanent duty station within the United States shall not be 
counted for purposes of this section, and the prohibition contained in 
this section shall not apply to payments for the costs of attendance 
for such employees.
    Sec. 522.  None of the funds made available in this Act may be used 
to reimburse any Federal department or agency for its participation in 
a National Special Security Event.
    Sec. 523. (a) None of the funds made available to the Department of 
Homeland Security by this or any other Act may be obligated for the 
implementation of any structural pay reform or the introduction of any 
new position classification that will affect more than 100 full-time 
positions or costs more than $5,000,000 in a single year before the end 
of the 30-day period beginning on the date on which the Secretary of 
Homeland Security submits to Congress a notification that includes--
            (1) the number of full-time positions affected by such 
        change;
            (2) funding required for such change for the current fiscal 
        year and through the Future Years Homeland Security Program;
            (3) justification for such change; and
            (4) for a structural pay reform, an analysis of 
        compensation alternatives to such change that were considered 
        by the Department.
    (b) Subsection (a) shall not apply to such change if--
            (1) it was proposed in the President's budget proposal for 
        the fiscal year funded by this Act; and
            (2) funds for such change have not been explicitly denied 
        or restricted in this Act.
    Sec. 524. (a) Any agency receiving funds made available in this Act 
shall, subject to subsections (b) and (c), post on the public website 
of that agency any report required to be submitted by the Committees on 
Appropriations of the Senate and the House of Representatives in this 
Act.
    (b) Subsection (a) shall not apply to a report if--
            (1) the public posting of the report compromises homeland 
        or national security; or
            (2) the report contains proprietary information.
    (c) The head of the agency posting such report shall do so only 
after such report has been made available to the Committees on 
Appropriations of the Senate and the House of Representatives for not 
less than 45 days except as otherwise specified in law.
    Sec. 525. (a) Funding provided in this Act for ``Operations and 
Support'' may be used for minor procurement, construction, and 
improvements.
    (b) For purposes of subsection (a), ``minor'' refers to end items 
with a unit cost of $250,000 or less for personal property, and 
$2,000,000 or less for real property.
    Sec. 526.  The authority provided by section 532 of the Department 
of Homeland Security Appropriations Act, 2018 (Public Law 115-141) 
regarding primary and secondary schooling of dependents shall continue 
in effect during fiscal year 2023.
    Sec. 527. (a) Section 831 of the Homeland Security Act of 2002 (6 
U.S.C. 391) shall be applied--
            (1) in subsection (a), by substituting ``September 30, 
        2023,'' for ``September 30, 2017,''; and
            (2) in subsection (c)(1), by substituting ``September 30, 
        2023,'' for ``September 30, 2017''.
    (b) The Secretary of Homeland Security, under the authority of 
section 831 of the Homeland Security Act of 2002 (6 U.S.C. 391(a)), may 
carry out prototype projects under section 2371b of title 10, United 
States Code, and the Secretary shall perform the functions of the 
Secretary of Defense as prescribed.
    (c) The Secretary of Homeland Security under section 831 of the 
Homeland Security Act of 2002 (6 U.S.C. 391(d)) may use the definition 
of nontraditional government contractor as defined in section 2371b(e) 
of title 10, United States Code.
    Sec. 528. (a) None of the funds appropriated or otherwise made 
available to the Department of Homeland Security by this Act may be 
used to prevent any of the following persons from entering, for the 
purpose of conducting oversight, any facility operated by or for the 
Department of Homeland Security used to detain or otherwise house 
aliens, or to make any temporary modification at any such facility that 
in any way alters what is observed by a visiting Member of Congress or 
such designated employee, compared to what would be observed in the 
absence of such modification:
            (1) A Member of Congress.
            (2) An employee of the United States House of 
        Representatives or the United States Senate designated by such 
        a Member for the purposes of this section.
    (b) Nothing in this section may be construed to require a Member of 
Congress to provide prior notice of the intent to enter a facility 
described in subsection (a) for the purpose of conducting oversight.
    (c) With respect to individuals described in subsection (a)(2), the 
Department of Homeland Security may require that a request be made at 
least 24 hours in advance of an intent to enter a facility described in 
subsection (a).
    Sec. 529. (a) Except as provided in subsection (b), none of the 
funds made available in this Act may be used to place restraints on a 
woman in the custody of the Department of Homeland Security (including 
during transport, in a detention facility, or at an outside medical 
facility) who is pregnant or in post-delivery recuperation.
    (b) Subsection (a) shall not apply with respect to a pregnant woman 
if--
            (1) an appropriate official of the Department of Homeland 
        Security makes an individualized determination that the woman--
                    (A) is a serious flight risk, and such risk cannot 
                be prevented by other means; or
                    (B) poses an immediate and serious threat to harm 
                herself or others that cannot be prevented by other 
                means; or
            (2) a medical professional responsible for the care of the 
        pregnant woman determines that the use of therapeutic 
        restraints is appropriate for the medical safety of the woman.
    (c) If a pregnant woman is restrained pursuant to subsection (b), 
only the safest and least restrictive restraints, as determined by the 
appropriate medical professional treating the woman, may be used. In no 
case may restraints be used on a woman who is in active labor or 
delivery, and in no case may a pregnant woman be restrained in a face-
down position with four-point restraints, on her back, or in a 
restraint belt that constricts the area of the pregnancy. A pregnant 
woman who is immobilized by restraints shall be positioned, to the 
maximum extent feasible, on her left side.
    Sec. 530. (a) None of the funds made available by this Act may be 
used to destroy any document, recording, or other record pertaining to 
any--
            (1) death of,
            (2) potential sexual assault or abuse perpetrated against, 
        or
            (3) allegation of abuse, criminal activity, or disruption 
        committed by
an individual held in the custody of the Department of Homeland 
Security.
    (b) The records referred to in subsection (a) shall be made 
available, in accordance with applicable laws and regulations, and 
Federal rules governing disclosure in litigation, to an individual who 
has been charged with a crime, been placed into segregation, or 
otherwise punished as a result of an allegation described in paragraph 
(3), upon the request of such individual.
    Sec. 531.  Section 519 of division F of Public Law 114-113, 
regarding a prohibition on funding for any position designated as a 
Principal Federal Official, shall apply with respect to any Federal 
funds in the same manner as such section applied to funds made 
available in that Act.
    Sec. 532. (a) Not later than 10 days after the date on which the 
budget of the President for a fiscal year is submitted to Congress 
pursuant to section 1105(a) of title 31, United States Code, the Under 
Secretary for Management of Homeland Security shall submit to the 
Committees on Appropriations of the Senate and the House of 
Representatives a report on the unfunded priorities, for the Department 
of Homeland Security and separately for each departmental component, 
for which discretionary funding would be classified as budget function 
050.
    (b) Each report under this section shall specify, for each such 
unfunded priority--
            (1) a summary description, including the objectives to be 
        achieved if such priority is funded (whether in whole or in 
        part);
            (2) the description, including the objectives to be 
        achieved if such priority is funded (whether in whole or in 
        part);
            (3) account information, including the following (as 
        applicable):
                    (A) appropriation account; and
                    (B) program, project, or activity name; and
            (4) the additional number of full-time or part-time 
        positions to be funded as part of such priority.
    (c) In this section, the term ``unfunded priority'', in the case of 
a fiscal year, means a requirement that--
            (1) is not funded in the budget referred to in subsection 
        (a);
            (2) is necessary to fulfill a requirement associated with 
        an operational or contingency plan for the Department; and
            (3) would have been recommended for funding through the 
        budget referred to in subsection (a) if--
                    (A) additional resources had been available for the 
                budget to fund the requirement;
                    (B) the requirement has emerged since the budget 
                was formulated; or
                    (C) the requirement is necessary to sustain prior-
                year investments.
    Sec. 533. (a) Not later than 10 days after a determination is made 
by the President to evaluate and initiate protection under any 
authority for a former or retired Government official or employee, or 
for an individual who, during the duration of the directed protection, 
will become a former or retired Government official or employee 
(referred to in this section as a ``covered individual''), the 
Secretary of Homeland Security shall submit a notification to 
congressional leadership and the Committees on Appropriations of the 
Senate and the House of Representatives, the Committees on the 
Judiciary of the Senate and the House of Representatives, the Committee 
on Homeland Security and Governmental Affairs of the Senate, the 
Committee on Homeland Security of the House of Representatives, and the 
Committee on Oversight and Reform of the House of Representatives 
(referred to in this section as the ``appropriate congressional 
committees'').
    (b) Such notification may be submitted in classified form, if 
necessary, and in consultation with the Director of National 
Intelligence or the Director of the Federal Bureau of Investigation, as 
appropriate, and shall include the threat assessment, scope of the 
protection, and the anticipated cost and duration of such protection.
    (c) Not later than 15 days before extending, or 30 days before 
terminating, protection for a covered individual, the Secretary of 
Homeland Security shall submit a notification regarding the extension 
or termination and any change to the threat assessment to the 
congressional leadership and the appropriate congressional committees.
    (d) Not later than 45 days after the date of enactment of this Act, 
and quarterly thereafter, the Secretary shall submit a report to the 
congressional leadership and the appropriate congressional committees, 
which may be submitted in classified form, if necessary, detailing each 
covered individual, and the scope and associated cost of protection.
    Sec. 534. (a) None of the funds provided to the Department of 
Homeland Security in this or any prior Act may be used by an agency to 
submit an initial project proposal to the Technology Modernization Fund 
(as authorized by section 1078 of subtitle G of Title X of the National 
Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91)) 
unless, concurrent with the submission of an initial project proposal 
to the Technology Modernization Board, the head of the agency--
            (1) notifies the Committees on Appropriations of the Senate 
        and the House of Representatives of the proposed submission of 
        the project proposal;
            (2) submits to the Committees on Appropriations a copy of 
        the project proposal; and
            (3) provides a detailed analysis of how the proposed 
        project funding would supplement or supplant funding requested 
        as part of the Department's most recent budget submission.
    (b) None of the funds provided to the Department of Homeland 
Security by the Technology Modernization Fund shall be available for 
obligation until 15 days after a report on such funds has been 
transmitted to the Committees on Appropriations of the Senate and the 
House of Representatives.
    (c) The report described in subsection (b) shall include--
            (1) the full project proposal submitted to and approved by 
        the Fund's Technology Modernization Board;
            (2) the finalized interagency agreement between the 
        Department and the Fund including the project's deliverables 
        and repayment terms, as applicable;
            (3) a detailed analysis of how the project will supplement 
        or supplant existing funding available to the Department for 
        similar activities;
            (4) a plan for how the Department will repay the Fund, 
        including specific planned funding sources, as applicable; and
            (5) other information as determined by the Secretary.
    Sec. 535. (a) For an additional amount for border management 
requirements of the U.S. Border Patrol, non-detention border management 
requirements of U.S. Customs and Immigration Enforcement, and the 
emergency food and shelter program for the purposes of providing 
shelter and other services to families and individuals encountered by 
the Department of Homeland Security, in addition to amounts otherwise 
made available for such purposes, $200,000,000.
    (b) The amount made available by subsection (a) may be transferred 
by the Secretary of Homeland Security between appropriations for the 
same purposes, notwithstanding section 503(c) of this Act.
    (c) Not later than 90 days after the date of enactment of this Act, 
the Under Secretary for Management shall provide an expenditure plan 
for the use of the funds made available in subsection (a).
    Sec. 536.  No Federal funds may be used by the Department of 
Homeland Security to deny any benefit application for admission, or 
protection available to an individual under the Immigration and 
Nationality Act (8 U.S.C. 1101 et. seq.) on the sole basis of any 
event, conduct, finding, admission, history of substance use disorder, 
arrest, or juvenile adjudication related to cannabis possession, 
consumption, or use, or to a conviction solely based on such 
possession, consumption, or use.
    Sec. 537.  No Federal funds made available to the Department of 
Homeland Security may be used to enter into a procurement contract, 
memorandum of understanding, or cooperative agreement with, or make a 
grant to, or provide a loan or guarantee to, any entity identified 
under Section 1260H of the William M. (Mac) Thornberry National Defense 
Authorization Act for Fiscal Year 2021 (Public Law 116-283) or any 
subsidiary of such entity.
    Sec. 538.  Section 205 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5135) is amended--
            (1) in subsection (d)--
                    (A) in paragraph (2)--
                            (i) by striking subparagraph (C);
                            (ii) at the end of subparagraph (A), by 
                        adding ``and''; and
                            (iii) at the end of subparagraph (B), by 
                        striking ``; and'' and inserting a period;
                    (B) in paragraph (3)(D), by striking ``local 
                governments, insular areas, and Indian tribal 
                governments'' and inserting ``local governments and 
                Tribal governments''; and
                    (C) by striking paragraph (4); and
            (2) in subsection (m)--
                    (A) by striking paragraph (3) and inserting the 
                following:
            ``(3) Eligible entity.--The term `eligible entity' means a 
        State or an Indian tribal government that has received a major 
        disaster declaration pursuant to section 401.'';
                    (B) by striking paragraphs (5) and (10);
                    (C) by redesignating paragraphs (6) through (9) as 
                paragraphs (5) through (8), respectively; and
                    (D) by redesignating paragraph (11) as paragraph 
                (9).
    Sec. 539. (a) The remaining unobligated balances of funds from 
amounts provided under the heading ``Federal Emergency Management 
Agency--Federal Assistance'' in division F of Public Law 117-103 for 
the project identified as the ``Vermilion Safe Room'' in the table 
entitled ``Homeland Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items'' under the heading ``Federal 
Emergency Management Agency--Federal Assistance'' in the explanatory 
statement described in section 4 in the matter preceding division A of 
Public Law 117-103 are hereby rescinded.
    (b) In addition to amounts otherwise available, there is 
appropriated for an additional amount for fiscal year 2022 for "Federal 
Emergency Management Agency--Federal Assistance", $3,000,000, to remain 
available until September 30, 2024, for an Emergency Operations Center 
grant under section 614 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5196c) for the project identified 
as the ``Vermilion Safe Room'' in the table entitled ``Homeland 
Incorporation of Community Project Funding Items/Congressionally 
Directed Spending Items'' under the heading ``Federal Emergency 
Management Agency--Federal Assistance'' in the explanatory statement 
described in section 4 in the matter preceding division A of Public Law 
117-103.
    (c) --
            (1) Subject to paragraph (2), this section shall become 
        effective immediately upon enactment of this Act.
            (2) If this Act is enacted after September 30, 2022, this 
        section shall be applied as if it were in effect on September 
        30, 2022.

                         (rescissions of funds)

    Sec. 540.  Of the funds appropriated to the Department of Homeland 
Security, the following funds are hereby rescinded from the following 
accounts and programs in the specified amounts: Provided, That no 
amounts may be rescinded from amounts that were designated by the 
Congress as an emergency requirement pursuant to a concurrent 
resolution on the budget or the Balanced Budget and Emergency Deficit 
Control Act of 1985:
            (1) $30,000,000 from Public Law 117-103 under the heading 
        ``U.S. Customs and Border Protection--Procurement, 
        Construction, and Improvements''.
            (2) $100,097,000 from Public Law 117-103 under the heading 
        ``Transportation Security Administration--Operations and 
        Support''.
            (3) $87,619,000 from Public Law 117-103 under the heading 
        ``U.S. Citizenship and Immigration Services--Operations 
        Support''.
    This Act may be cited as the ``Department of Homeland Security 
Appropriations Act, 2023''.
                                                 Union Calendar No. 304

117th CONGRESS

  2d Session

                               H. R. 8257

                          [Report No. 117-396]

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