Us Congress 2023-2024 Regular Session

Us Congress House Bill HB4367 Latest Draft

Bill / Engrossed Version Filed 10/05/2023

                            118THCONGRESS 
1
STSESSION H. R. 4367 
AN ACT 
Making appropriations for the Department of Homeland Se-
curity for the fiscal year ending September 30, 2024, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2 2 
•HR 4367 EH
That the following sums are appropriated, out of any 1
money in the Treasury not otherwise appropriated, for the 2
Department of Homeland Security for the fiscal year end-3
ing September 30, 2024, and for other purposes, namely: 4
TITLE I 5
DEPARTMENTAL MANAGEMENT, INTEL-6
LIGENCE, SITUATIONAL AWARENESS, AND 7
OVERSIGHT 8
O
FFICE OF THESECRETARY ANDEXECUTIVE 9
M
ANAGEMENT 10
OPERATIONS AND SUPPORT 11
For necessary expenses of the Office of the Secretary 12
and for executive management for operations and support, 13
$279,606,000 (reduced by $3,000,000) (reduced by 14
$3,000,000) (reduced by $2,000,000) (reduced by 15
$3,000,000) (reduced by $1,000,000) (increased by 16
$1,000,000) (reduced by $27,500,000) (reduced by 17
$39,860,000); of which $5,000,000 shall remain available 18
until September 30, 2025: Provided, That $5,000,000 19
shall be withheld from obligation until the Secretary sub-20
mits, to the Committees on Appropriations of the House 21
of Representatives and the Senate, responses to all ques-22
tions for the record for each hearing on the fiscal year 23
2025 budget submission for the Department of Homeland 24
Security held by such Committees prior to July 1: Pro-25 3 
•HR 4367 EH
vided further, That $25,000,000 (increased by 1
$10,000,000) shall be withheld from obligation until the 2
Secretary submits the reports required by subsection (g) 3
of section 1092 of the National Defense Authorization Act 4
for Fiscal Year 2017 (6 U.S.C. 223) and subsection (b) 5
of section 386 of the Illegal Immigration Reform and Im-6
migrant Responsibility Act of 1996 (8 U.S.C. 1368). 7
M
ANAGEMENTDIRECTORATE 8
OPERATIONS AND SUPPORT 9
For necessary expenses of the Management Direc-10
torate for operations and support, $1,695,326,000 (re-11
duced by $5,000,000) (reduced by $10,000,000) (in-12
creased by $10,000,000): Provided, That not to exceed 13
$2,000 shall be for official reception and representation 14
expenses. 15
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 16
For necessary expenses of the Management Direc-17
torate for procurement, construction, and improvements, 18
$127,758,000, to remain available until September 30, 19
2026. 20
FEDERAL PROTECTIVE SERVICE 21
The revenues and collections of security fees credited 22
to this account shall be available until expended for nec-23
essary expenses related to the protection of federally 24 4 
•HR 4367 EH
owned and leased buildings and for the operations of the 1
Federal Protective Service. 2
I
NTELLIGENCE, ANALYSIS, ANDSITUATIONAL 3
A
WARENESS 4
OPERATIONS AND SUPPORT 5
For necessary expenses of the Office of Intelligence 6
and Analysis and the Office of Homeland Security Situa-7
tional Awareness for operations and support, 8
$348,736,000, of which $105,701,000 shall remain avail-9
able until September 30, 2025: Provided, That not to ex-10
ceed $3,825 shall be for official reception and representa-11
tion expenses and not to exceed $2,000,000 is available 12
for facility needs associated with secure space at fusion 13
centers, including improvements to buildings. 14
O
FFICE OFINSPECTORGENERAL 15
OPERATIONS AND SUPPORT 16
For necessary expenses of the Office of Inspector 17
General for operations and support, $228,371,000: Pro-18
vided, That not to exceed $300,000 may be used for cer-19
tain confidential operational expenses, including the pay-20
ment of informants, to be expended at the direction of the 21
Inspector General. 22
A
DMINISTRATIVEPROVISIONS 23
S
EC. 101. (a) The Secretary of Homeland Security 24
shall submit a report not later than October 15, 2024, 25 5 
•HR 4367 EH
to the Inspector General of the Department of Homeland 1
Security listing all grants and contracts awarded by any 2
means other than full and open competition during fiscal 3
years 2023 or 2024. 4
(b) The Inspector General shall review the report re-5
quired by subsection (a) to assess departmental compli-6
ance with applicable laws and regulations and report the 7
results of that review to the Committees on Appropriations 8
of the House of Representatives and the Senate not later 9
than February 15, 2025. 10
S
EC. 102. Not later than 30 days after the last day 11
of each month, the Chief Financial Officer of the Depart-12
ment of Homeland Security shall submit to the Commit-13
tees on Appropriations of the House of Representatives 14
and the Senate a monthly budget and staffing report that 15
includes total obligations of the Department for that 16
month and for the fiscal year at the appropriation and 17
program, project, and activity levels, by the source year 18
of the appropriation. 19
S
EC. 103. (a) The Secretary of Homeland Security, 20
in consultation with the Secretary of the Treasury, shall 21
notify the Committees on Appropriations of the House of 22
Representatives and the Senate of any proposed transfers 23
of funds available under section 9705(g)(4)(B) of title 31, 24
United States Code, from the Department of the Treasury 25 6 
•HR 4367 EH
Forfeiture Fund to any agency within the Department of 1
Homeland Security. 2
(b) None of the funds identified for such a transfer 3
may be obligated until the Committees on Appropriations 4
of the House of Representatives and the Senate are noti-5
fied of the proposed transfer. 6
S
EC. 104. All official costs associated with the use 7
of Government aircraft by Department of Homeland Secu-8
rity personnel to support official travel of the Secretary 9
and the Deputy Secretary shall be paid from amounts 10
made available for the Office of the Secretary. 11
S
EC. 105. (a) The Under Secretary for Management 12
shall brief the Committees on Appropriations of the House 13
of Representatives and the Senate not later than 45 days 14
after the end of each fiscal quarter on all Level 1 and 15
Level 2 acquisition programs on the Master Acquisition 16
Oversight list between Acquisition Decision Event and 17
Full Operational Capability, including programs that have 18
been removed from such list during the preceding quarter. 19
(b) For each such program, the briefing described in 20
subsection (a) shall include— 21
(1) a description of the purpose of the program, 22
including the capabilities being acquired and the 23
component(s) sponsoring the acquisition; 24 7 
•HR 4367 EH
(2) the total number of units, as appropriate, to 1
be acquired annually until procurement is complete 2
under the current acquisition program baseline; 3
(3) the Acquisition Review Board status, in-4
cluding— 5
(A) the current acquisition phase by incre-6
ment, as applicable; 7
(B) the date of the most recent review; and 8
(C) whether the program has been paused 9
or is in breach status; 10
(4) a comparison between the initial Depart-11
ment-approved acquisition program baseline cost, 12
schedule, and performance thresholds and objectives 13
and the program’s current such thresholds and ob-14
jectives, if applicable; 15
(5) the lifecycle cost estimate, adjusted for com-16
parison to the Future Years Homeland Security 17
Program, including— 18
(A) the confidence level for the estimate; 19
(B) the fiscal years included in the esti-20
mate; 21
(C) a breakout of the estimate for the 22
prior five years, the current year, and the budg-23
et year; 24 8 
•HR 4367 EH
(D) a breakout of the estimate by appro-1
priation account or other funding source; and 2
(E) a description of and rationale for any 3
changes to the estimate as compared to the pre-4
viously approved baseline, as applicable, and 5
during the prior fiscal year; 6
(6) a summary of the findings of any inde-7
pendent verification and validation of the items to be 8
acquired or an explanation for why no such 9
verification and validation has been performed; 10
(7) a table displaying the obligation of all pro-11
gram funds by prior fiscal year, the estimated obli-12
gation of funds for the current fiscal year, and an 13
estimate for the planned carryover of funds into the 14
subsequent fiscal year; 15
(8) a listing of prime contractors and major 16
subcontractors; and 17
(9) narrative descriptions of risks to cost, 18
schedule, or performance that could result in a pro-19
gram breach if not successfully mitigated. 20
(c) The Under Secretary for Management shall sub-21
mit each approved Acquisition Decision Memorandum for 22
programs described in this section to the Committees on 23
Appropriations of the House of Representatives and the 24
Senate not later than five business days after the date of 25 9 
•HR 4367 EH
approval of such memorandum by the Under Secretary for 1
Management or the designee of the Under Secretary. 2
S
EC. 106. (a) None of the funds made available to 3
the Department of Homeland Security in this Act or prior 4
appropriations Acts may be obligated for any new pilot 5
or demonstration unless the component or office carrying 6
out such pilot or demonstration has documented the infor-7
mation described in subsection (c). 8
(b) Prior to the obligation of any such funds made 9
available for ‘‘Operations and Support’’ for a new pilot 10
or demonstration, the Under Secretary for Management 11
shall provide a report to the Committees on Appropria-12
tions of the House of Representatives and the Senate on 13
the information described in subsection (c). 14
(c) The information required under subsections (a) 15
and (b) for a pilot or demonstration shall include the fol-16
lowing— 17
(1) documented objectives that are well-defined 18
and measurable; 19
(2) an assessment methodology that details— 20
(A) the type and source of assessment 21
data; 22
(B) the methods for, and frequency of, col-23
lecting such data; and 24
(C) how such data will be analyzed; and 25 10 
•HR 4367 EH
(3) an implementation plan, including mile-1
stones, cost estimates, and implementation sched-2
ules, including a projected end date. 3
(d) Not later than 90 days after the date of comple-4
tion of a pilot or demonstration described in subsection 5
(e) the Under Secretary for Management shall provide a 6
report to the Committees on Appropriations of the House 7
of Representatives and the Senate detailing lessons 8
learned, actual costs, any planned expansion or continu-9
ation of the pilot or demonstration, and any planned tran-10
sition of such pilot or demonstration into an enduring pro-11
gram or operation. 12
(e) For the purposes of this section, a pilot or dem-13
onstration program is a study, demonstration, experi-14
mental program, or trial that— 15
(1) is a small-scale, short-term experiment con-16
ducted in order to evaluate feasibility, duration, 17
costs, or adverse events, and improve upon the de-18
sign of an effort prior to implementation of a larger 19
scale effort; and 20
(2) uses more than 10 full-time equivalents or 21
obligates, or proposes to obligate, $5,000,000 or 22
more, but does not include congressionally directed 23
programs or enhancements and does not include pro-24 11 
•HR 4367 EH
grams that were in operation as of December 29, 1
2022. 2
(f) For the purposes of this section, a pilot or dem-3
onstration does not include any testing, evaluation, or ini-4
tial deployment phase executed under a procurement con-5
tract for the acquisition of information technology services 6
or systems, or any pilot or demonstration carried out by 7
a non-federal recipient under any financial assistance 8
agreement funded by the Department. 9 12 
•HR 4367 EH
TITLE II 1
SECURITY, ENFORCEMENT, AND 2
INVESTIGATIONS 3
U.S. C
USTOMS ANDBORDERPROTECTION 4
OPERATIONS AND SUPPORT 5
For necessary expenses of U.S. Customs and Border 6
Protection for operations and support, including the trans-7
portation of unaccompanied alien minors; the provision of 8
air and marine support to Federal, State, local, and inter-9
national agencies in the enforcement or administration of 10
laws enforced by the Department of Homeland Security; 11
at the discretion of the Secretary of Homeland Security, 12
the provision of such support to Federal, State, and local 13
agencies in other law enforcement and emergency humani-14
tarian efforts; the purchase and lease of up to 7,500 15
(6,500 for replacement only) police-type vehicles; the pur-16
chase, maintenance, or operation of marine vessels, air-17
craft, and unmanned aerial systems; and contracting with 18
individuals for personal services abroad; $16,241,678,000 19
(increased by $3,000,000) (increased by $3,000,000) (re-20
duced by $1,000,000) (increased by $1,000,000) (reduced 21
by $1,000,000) (increased by $1,000,000) (reduced by 22
$1,000,000) (increased by $1,000,000) (increased by $1) 23
(reduced by $1) (reduced by $10,000,000) (increased by 24
$10,000,000); of which $3,274,000 shall be derived from 25 13 
•HR 4367 EH
the Harbor Maintenance Trust Fund for administrative 1
expenses related to the collection of the Harbor Mainte-2
nance Fee pursuant to section 9505(c)(3) of the Internal 3
Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and not-4
withstanding section 1511(e)(1) of the Homeland Security 5
Act of 2002 (6 U.S.C. 551(e)(1)); of which $700,000,000 6
shall be available until September 30, 2025; and of which 7
such sums as become available in the Customs User Fee 8
Account, except sums subject to section 13031(f)(3) of the 9
Consolidated Omnibus Budget Reconciliation Act of 1985 10
(19 U.S.C. 58c(f)(3)), shall be derived from that account: 11
Provided, That not to exceed $34,425 shall be for official 12
reception and representation expenses: Provided further, 13
That not to exceed $150,000 shall be available for pay-14
ment for rental space in connection with preclearance op-15
erations: Provided further, That not to exceed $2,000,000 16
shall be for awards of compensation to informants, to be 17
accounted for solely under the certificate of the Secretary 18
of Homeland Security. 19
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 20
For necessary expenses of U.S. Customs and Border 21
Protection for procurement, construction, and improve-22
ments, including procurement of physical barriers, marine 23
vessels, aircraft, and unmanned aerial systems, 24
$2,965,653,000 (reduced by $10,000,000) (increased by 25 14 
•HR 4367 EH
$10,000,000) (reduced by $1,000,000) (increased by 1
$1,000,000), of which $741,885,000 shall remain avail-2
able until September 30, 2026; and of which 3
$2,223,768,000 shall remain available until September 30, 4
2028. 5
U.S. I
MMIGRATION AND CUSTOMSENFORCEMENT 6
OPERATIONS AND SUPPORT 7
For necessary expenses of U.S. Immigration and 8
Customs Enforcement for operations and support, includ-9
ing the purchase and lease of up to 3,790 (2,350 for re-10
placement only) police-type vehicles; overseas vetted units, 11
including stipends for members of such units; and mainte-12
nance, minor construction, and minor leasehold improve-13
ments at owned and leased facilities; $9,758,297,000 (in-14
creased by $24,000,000) (increased by $34,860,000); of 15
which not less than $6,000,000 shall remain available 16
until expended for efforts to enforce laws against forced 17
child labor; of which $46,696,000 shall remain available 18
until September 30, 2025; of which not less than 19
$2,000,000 is for paid apprenticeships for participants in 20
the Human Exploitation Rescue Operative Child-Rescue 21
Corps; of which not less than $15,000,000 shall be avail-22
able for investigation of intellectual property rights viola-23
tions, including operation of the National Intellectual 24
Property Rights Coordination Center; and of which not 25 15 
•HR 4367 EH
less than $5,310,547,000 shall be for enforcement, deten-1
tion, and removal operations, including transportation of 2
unaccompanied alien minors: Provided, That not to exceed 3
$11,475 shall be for official reception and representation 4
expenses: Provided further, That not to exceed 5
$10,000,000 shall be available until expended for con-6
ducting special operations under section 3131 of the Cus-7
toms Enforcement Act of 1986 (19 U.S.C. 2081): Pro-8
vided further, That not to exceed $2,000,000 shall be for 9
awards of compensation to informants, to be accounted 10
for solely under the certificate of the Secretary of Home-11
land Security: Provided further, That not to exceed 12
$11,216,000 shall be available to fund or reimburse other 13
Federal agencies for the costs associated with the care, 14
maintenance, and repatriation of smuggled aliens unlaw-15
fully present in the United States: Provided further, That 16
not less than $2,000,000 shall be for entering into new 17
agreements for the delegation of law enforcement author-18
ity authorized under section 287(g) of the Immigration 19
and Nationality Act: Provided further, That funding made 20
available under this heading shall maintain a level of not 21
less than 41,500 detention beds through September 30, 22
2024. 23 16 
•HR 4367 EH
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 1
For necessary expenses of U.S. Immigration and 2
Customs Enforcement for procurement, construction, and 3
improvements, $50,520,000, of which $35,420,000 shall 4
remain available until September 30, 2026, and of which 5
$15,100,000 shall remain available until September 30, 6
2028. 7
T
RANSPORTATIONSECURITYADMINISTRATION 8
OPERATIONS AND SUPPORT 9
For necessary expenses of the Transportation Secu-10
rity Administration for operations and support, 11
$10,118,131,000, of which $600,000,000 shall remain 12
available until September 30, 2025: Provided, That not 13
to exceed $7,650 shall be for official reception and rep-14
resentation expenses: Provided further, That security serv-15
ice fees authorized under section 44940 of title 49, United 16
States Code, shall be credited to this appropriation as off-17
setting collections and shall be available only for aviation 18
security: Provided further, That the sum appropriated 19
under this heading from the general fund shall be reduced 20
on a dollar-for-dollar basis as such offsetting collections 21
are received during fiscal year 2024 so as to result in a 22
final fiscal year appropriation from the general fund esti-23
mated at not more than $7,498,131,000. 24 17 
•HR 4367 EH
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 1
For necessary expenses of the Transportation Secu-2
rity Administration for procurement, construction, and 3
improvements, $130,340,000, to remain available until 4
September 30, 2026. 5
RESEARCH AND DEVELOPMENT 6
For necessary expenses of the Transportation Secu-7
rity Administration for research and development, 8
$33,532,000, to remain available until September 30, 9
2025. 10
C
OASTGUARD 11
OPERATIONS AND SUPPORT 12
For necessary expenses of the Coast Guard for oper-13
ations and support including the Coast Guard Reserve; 14
purchase or lease of not to exceed 25 passenger motor ve-15
hicles, which shall be for replacement only; purchase or 16
lease of small boats for contingent and emergent require-17
ments (at a unit cost of not more than $700,000) and 18
repairs and service-life replacements, not to exceed a total 19
of $31,000,000 (reduced by $1,000,000) (increased by 20
$1,000,000); purchase, lease, or improvements of boats 21
necessary for overseas deployments and activities; pay-22
ments pursuant to section 156 of Public Law 97–377 (42 23
U.S.C. 402 note; 96 Stat. 1920); and recreation and wel-24
fare; $10,222,488,000, of which $530,000,000 shall be for 25 18 
•HR 4367 EH
defense-related activities; of which $24,500,000 shall be 1
derived from the Oil Spill Liability Trust Fund to carry 2
out the purposes of section 1012(a)(5) of the Oil Pollution 3
Act of 1990 (33 U.S.C. 2712(a)(5)); of which 4
$20,000,000 shall remain available until September 30, 5
2026; of which $24,717,000 shall remain available until 6
September 30, 2028, for environmental compliance and 7
restoration; and of which $100,000,000 shall remain avail-8
able until September 30, 2025, which shall only be avail-9
able for vessel depot level maintenance: Provided, That not 10
to exceed $23,000 shall be for official reception and rep-11
resentation expenses. 12
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 13
For necessary expenses of the Coast Guard for pro-14
curement, construction, and improvements, including aids 15
to navigation, shore facilities (including facilities at De-16
partment of Defense installations used by the Coast 17
Guard), and vessels and aircraft, including equipment re-18
lated thereto, $1,981,194,000, to remain available until 19
September 30, 2028; of which $20,000,000 shall be de-20
rived from the Oil Spill Liability Trust Fund to carry out 21
the purposes of section 1012(a)(5) of the Oil Pollution Act 22
of 1990 (33 U.S.C. 2712(a)(5)). 23 19 
•HR 4367 EH
RESEARCH AND DEVELOPMENT 1
For necessary expenses of the Coast Guard for re-2
search and development; and for maintenance, rehabilita-3
tion, lease, and operation of facilities and equipment; 4
$7,476,000, to remain available until September 30, 2026, 5
of which $500,000 shall be derived from the Oil Spill Li-6
ability Trust Fund to carry out the purposes of section 7
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 8
2712(a)(5)): Provided, That there may be credited to and 9
used for the purposes of this appropriation funds received 10
from State and local governments, other public authori-11
ties, private sources, and foreign countries for expenses 12
incurred for research, development, testing, and evalua-13
tion. 14
RETIRED PAY 15
For retired pay, including the payment of obligations 16
otherwise chargeable to lapsed appropriations for this pur-17
pose, payments under the Retired Serviceman’s Family 18
Protection and Survivor Benefits Plans, payment for ca-19
reer status bonuses, payment of continuation pay under 20
section 356 of title 37, United States Code, concurrent 21
receipts, combat-related special compensation, and pay-22
ments for medical care of retired personnel and their de-23
pendents under chapter 55 of title 10, United States Code, 24
$1,147,244,000, to remain available until expended. 25 20 
•HR 4367 EH
UNITEDSTATESSECRETSERVICE 1
OPERATIONS AND SUPPORT 2
For necessary expenses of the United States Secret 3
Service for operations and support, including purchase of 4
not to exceed 652 vehicles for police-type use; hire of pas-5
senger motor vehicles; purchase of motorcycles made in 6
the United States; hire of aircraft; rental of buildings in 7
the District of Columbia; fencing, lighting, guard booths, 8
and other facilities on private or other property not in 9
Government ownership or control, as may be necessary to 10
perform protective functions; conduct of and participation 11
in firearms matches; presentation of awards; conduct of 12
behavioral research in support of protective intelligence 13
and operations; payment in advance for commercial ac-14
commodations as may be necessary to perform protective 15
functions; and payment, without regard to section 5702 16
of title 5, United States Code, of subsistence expenses of 17
employees who are on protective missions, whether at or 18
away from their duty stations; $2,949,463,000 (increased 19
by $2,000,000); of which $114,599,000 shall remain avail-20
able until September 30, 2025, and of which $6,000,000 21
(increased by $2,000,000) shall be for a grant for activi-22
ties related to investigations of missing and exploited chil-23
dren; and of which up to $30,000,000 may be for calendar 24
year 2023 premium pay in excess of the annual equivalent 25 21 
•HR 4367 EH
of the limitation on the rate of pay contained in section 1
5547(a) of title 5, United States Code, pursuant to section 2
2 of the Overtime Pay for Protective Services Act of 2016 3
(5 U.S.C. 5547 note), as last amended by Public Law 4
116–269: Provided, That not to exceed $19,125 shall be 5
for official reception and representation expenses: Pro-6
vided further, That not to exceed $100,000 shall be to pro-7
vide technical assistance and equipment to foreign law en-8
forcement organizations in criminal investigations within 9
the jurisdiction of the United States Secret Service. 10
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 11
For necessary expenses of the United States Secret 12
Service for procurement, construction, and improvements, 13
$61,098,000, to remain available until September 30, 14
2026. 15
RESEARCH AND DEVELOPMENT 16
For necessary expenses of the United States Secret 17
Service for research and development, $4,217,000, to re-18
main available until September 30, 2025. 19
A
DMINISTRATIVEPROVISIONS 20
S
EC. 201. Section 201 of the Department of Home-21
land Security Appropriations Act, 2018 (division F of 22
Public Law 115–141), related to overtime compensation 23
limitations, shall apply with respect to funds made avail-24
able in this Act in the same manner as such section ap-25 22 
•HR 4367 EH
plied to funds made available in that Act, except that ‘‘fis-1
cal year 2024’’ shall be substituted for ‘‘fiscal year 2018’’. 2
S
EC. 202. Funding made available under the head-3
ings ‘‘U.S. Customs and Border Protection—Operations 4
and Support’’ and ‘‘U.S. Customs and Border Protec-5
tion—Procurement, Construction, and Improvements’’ 6
shall be available for customs expenses when necessary to 7
maintain operations and prevent adverse personnel actions 8
in Puerto Rico and the U.S. Virgin Islands, in addition 9
to funding provided by sections 740 and 1406i of title 48, 10
United States Code. 11
S
EC. 203. As authorized by section 601(b) of the 12
United States-Colombia Trade Promotion Agreement Im-13
plementation Act (Public Law 112–42), fees collected 14
from passengers arriving from Canada, Mexico, or an ad-15
jacent island pursuant to section 13031(a)(5) of the Con-16
solidated Omnibus Budget Reconciliation Act of 1985 (19 17
U.S.C. 58c(a)(5)) shall be available until expended. 18
S
EC. 204. (a) For an additional amount for ‘‘U.S. 19
Customs and Border Protection—Operations and Sup-20
port’’, $31,000,000, to remain available until expended, 21
to be reduced by amounts collected and credited to this 22
appropriation in fiscal year 2024 from amounts authorized 23
to be collected by section 286(i) of the Immigration and 24
Nationality Act (8 U.S.C. 1356(i)), section 10412 of the 25 23 
•HR 4367 EH
Farm Security and Rural Investment Act of 2002 (7 1
U.S.C. 8311), and section 817 of the Trade Facilitation 2
and Trade Enforcement Act of 2015 (Public Law 114– 3
125), or other such authorizing language. 4
(b) To the extent that amounts realized from such 5
collections exceed $31,000,000, those amounts in excess 6
of $31,000,000 shall be credited to this appropriation, to 7
remain available until expended. 8
S
EC. 205. None of the funds made available in this 9
Act for U.S. Customs and Border Protection may be used 10
to prevent an individual not in the business of importing 11
a prescription drug (within the meaning of section 801(g) 12
of the Federal Food, Drug, and Cosmetic Act) from im-13
porting a prescription drug from Canada that complies 14
with the Federal Food, Drug, and Cosmetic Act: Provided, 15
That this section shall apply only to individuals trans-16
porting on their person a personal-use quantity of the pre-17
scription drug, not to exceed a 90-day supply: Provided 18
further, That the prescription drug may not be— 19
(1) a controlled substance, as defined in section 20
102 of the Controlled Substances Act (21 U.S.C. 21
802); or 22
(2) a biological product, as defined in section 23
351 of the Public Health Service Act (42 U.S.C. 24
262). 25 24 
•HR 4367 EH
SEC. 206. (a) Notwithstanding any other provision 1
of law, none of the funds provided in this or any other 2
Act shall be used to approve a waiver of the navigation 3
and vessel-inspection laws pursuant to section 501(b) of 4
title 46, United States Code, for the transportation of 5
crude oil distributed from and to the Strategic Petroleum 6
Reserve until the Secretary of Homeland Security, after 7
consultation with the Secretaries of the Departments of 8
Energy and Transportation and representatives from the 9
United States flag maritime industry, takes adequate 10
measures to ensure the use of United States flag vessels. 11
(b) The Secretary shall notify the Committees on Ap-12
propriations of the House of Representatives and the Sen-13
ate, the Committee on Transportation and Infrastructure 14
of the House of Representatives, and the Committee on 15
Commerce, Science, and Transportation of the Senate 16
within 2 business days of any request for waivers of navi-17
gation and vessel-inspection laws pursuant to section 18
501(b) of title 46, United States Code, with respect to 19
such transportation, and the disposition of such requests. 20
S
EC. 207. (a) Beginning on the date of enactment 21
of this Act, the Secretary of Homeland Security shall 22
not— 23
(1) establish, collect, or otherwise impose any 24
new border crossing fee on individuals crossing the 25 25 
•HR 4367 EH
Southern border or the Northern border at a land 1
port of entry; or 2
(2) conduct any study relating to the imposition 3
of a border crossing fee. 4
(b) In this section, the term ‘‘border crossing fee’’ 5
means a fee that every pedestrian, cyclist, and driver and 6
passenger of a private motor vehicle is required to pay 7
for the privilege of crossing the Southern border or the 8
Northern border at a land port of entry. 9
S
EC. 208. (a) Not later than 90 days after the date 10
of enactment of this Act, the Commissioner of U.S. Cus-11
toms and Border Protection shall submit an expenditure 12
plan for any amounts made available for ‘‘U.S. Customs 13
and Border Protection—Procurement, Construction, and 14
Improvements’’ in this Act and prior Acts to the Commit-15
tees on Appropriations of the House of Representatives 16
and the Senate. 17
(b) No such amounts provided in this Act may be 18
obligated prior to the submission of such plan. 19
S
EC. 209. Section 211 of the Department of Home-20
land Security Appropriations Act, 2021 (division F of 21
Public Law 116–260), prohibiting the use of funds for the 22
construction of fencing in certain areas, shall apply with 23
respect to funds made available in this Act in the same 24 26 
•HR 4367 EH
manner as such section applied to funds made available 1
in that Act. 2
S
EC. 210. (a) Funds made available in this Act may 3
be used to alter operations within the National Targeting 4
Center of U.S. Customs and Border Protection. 5
(b) None of the funds provided by this Act, provided 6
by previous appropriations Acts that remain available for 7
obligation or expenditure in fiscal year 2024, or provided 8
from any accounts in the Treasury of the United States 9
derived by the collection of fees available to the compo-10
nents funded by this Act, may be used to reduce antici-11
pated or planned vetting operations at existing locations 12
unless specifically authorized by a statute enacted after 13
the date of enactment of this Act. 14
S
EC. 211. (a) Of the total amount made available 15
under ‘‘U.S. Customs and Border Protection—Procure-16
ment, Construction, and Improvements’’, $2,965,653,000 17
shall be available only as follows: 18
(1) $2,104,000,000 for the acquisition and de-19
ployment of physical barriers; 20
(2) $276,000,000 for the acquisition and de-21
ployment of border security technologies; 22
(3) $305,400,000 for trade and travel assets 23
and infrastructure; 24 27 
•HR 4367 EH
(4) $119,768,000 for facility construction and 1
improvements; 2
(5) $123,232,000 (reduced by $1,000,000) (in-3
creased by $1,000,000) for integrated operations as-4
sets and infrastructure; and 5
(6) $37,253,000 for mission support and infra-6
structure. 7
(b) None of the funds allocated for pedestrian phys-8
ical barriers may be made available for any purpose other 9
than the construction of steel bollard pedestrian barrier 10
built at least 18 to 30 feet in effective height and aug-11
mented with anti-climb and anti-dig features. 12
(c) None of the funds allocated for pedestrian phys-13
ical barriers may be made available for any purpose other 14
than construction of pedestrian barriers consistent with 15
the description in subsection (b) at locations identified in 16
the Border Security Improvement Plan submitted to Con-17
gress on August 1, 2020.18
(d) The Commissioner of U.S. Customs and Border 19
Protection may reprioritize the construction of physical 20
barriers outlined in the Border Security Improvement 21
Plan and, with prior approval of the Committees on Ap-22
propriations of the House of Representatives and the Sen-23
ate, add additional miles of pedestrian physical barriers 24
where no such barriers exist, prioritized by operational re-25 28 
•HR 4367 EH
quirements developed in coordination with U.S. Border 1
Patrol leadership. 2
(e) The Secretary of Homeland Security shall begin 3
to obligate amounts for physical barrier construction no 4
later than 120 days after the date of enactment of this 5
Act. 6
(f) For purposes of this section, the term ‘‘effective 7
height’’ refers to the height above the level of the adjacent 8
terrain features. 9
S
EC. 212. None of the funds appropriated or other-10
wise made available by this Act may be obligated, ex-11
pended, or transferred to another Federal agency, board, 12
or commission to be used to dismantle, demolish, remove, 13
or damage existing United States-Mexico physical barriers 14
at any location where such barriers have been constructed 15
as of the date of enactment of this Act unless such barrier 16
is simultaneously being repaired or replaced. 17
S
EC. 213. None of the funds appropriated or other-18
wise made available by this Act may be made available 19
to utilize the U.S. Customs and Border Protection CBP 20
One Application, or any successor application, to facilitate 21
the parole of any alien into the United States. 22
S
EC. 214. None of the funds appropriated or other-23
wise made available by this Act may be made available 24
to reduce participation in or substantively diminish the 25 29 
•HR 4367 EH
delegation of law enforcement authority authorized under 1
section 287(g) of the Immigration and Nationality Act, 2
except as provided in section 215 of this Act. 3
S
EC. 215. None of the funds provided under the 4
heading ‘‘U.S. Immigration and Customs Enforcement— 5
Operations and Support’’ may be used to continue a dele-6
gation of law enforcement authority authorized under sec-7
tion 287(g) of the Immigration and Nationality Act (8 8
U.S.C. 1357(g)) if the Department of Homeland Security 9
Inspector General determines that the terms of the agree-10
ment governing the delegation of authority have been ma-11
terially violated. 12
S
EC. 216. (a) None of the funds provided under the 13
heading ‘‘U.S. Immigration and Customs Enforcement— 14
Operations and Support’’ may be used to continue any 15
contract for the provision of detention services if the two 16
most recent overall performance evaluations received by 17
the contracted facility are less than ‘‘adequate’’ or the 18
equivalent median score in any subsequent performance 19
evaluation system. 20
(b) The performance evaluations referenced in sub-21
section (a) shall be conducted by the U.S. Immigration 22
and Customs Enforcement Office of Professional Respon-23
sibility. 24 30 
•HR 4367 EH
SEC. 217. Without regard to the limitation as to time 1
and condition of section 503(d) of this Act, the Secretary 2
may reprogram within and transfer funds to ‘‘U.S. Immi-3
gration and Customs Enforcement—Operations and Sup-4
port’’ as necessary to ensure the detention of aliens 5
prioritized for removal. 6
S
EC. 218. The reports required to be submitted under 7
section 216 of the Department of Homeland Security Ap-8
propriations Act, 2021 (division F of Public Law 116– 9
260) shall continue to be submitted semimonthly and each 10
matter required to be included in such reports by such 11
section 216 shall apply in the same manner and to the 12
same extent during the period described in such section 13
216. 14
S
EC. 219. The terms and conditions of section 217 15
of the Department of Homeland Security Appropriations 16
Act, 2020 (division D of Public Law 116–93) shall apply 17
to this Act. 18
S
EC. 220. None of the funds appropriated or other-19
wise made available by this Act may be made available 20
to implement, administer, or otherwise carry out the ac-21
tivities and policies described in the memorandum issued 22
by the Secretary of Homeland Security on September 30, 23
2021, entitled ‘‘Guidelines for the Enforcement of Civil 24
Immigration Law’’ or described in the memorandum 25 31 
•HR 4367 EH
issued by Kerry Doyle, Immigration and Customs En-1
forcement Principal Legal Advisor on April 3, 2022, enti-2
tled ‘‘Guidance to OPLA Attorneys Regarding the En-3
forcement of Civil Immigration Laws and the Exercise of 4
Prosecutorial Discretion’’ or any successor or similar 5
memorandum or policy. 6
S
EC. 221. (a) None of the funds appropriated or oth-7
erwise made available by this Act may be made available 8
to transport aliens unlawfully present in, paroled into, or 9
inadmissible to the United States into the interior of the 10
United States for purposes other than enforcement of the 11
immigration laws (as such term is defined in section 101 12
of the Immigration and Nationality Act (8 U.S.C. 1101)). 13
(b) The limitation under subsection (a) shall not 14
apply with respect to amounts made available to transport 15
unaccompanied alien children (as such term is defined in 16
section 462 of the Homeland Security Act of 2002 (6 17
U.S.C. 279)). 18
S
EC. 222. (a) None of the funds appropriated or oth-19
erwise made available by this Act for ‘‘U.S. Immigration 20
and Customs Enforcement’’ may be used to pay for or 21
facilitate an abortion, except where the life of the mother 22
would be endangered if the fetus would be carried to term, 23
or in the case of rape or incest. 24 32 
•HR 4367 EH
(b) None of the funds appropriated or otherwise 1
made available by this Act for ‘‘U.S. Immigration and 2
Customs Enforcement’’ may be used to require any person 3
to perform, or facilitate in any way the performance of, 4
any abortion. 5
S
EC. 223. None of the funds appropriated or other-6
wise made available by this Act may be made available 7
to administer hormone therapy medication or perform or 8
facilitate any surgery for any person in custody of U.S. 9
Immigration and Customs Enforcement for the purpose 10
of gender-affirming care. 11
S
EC. 224. The Secretary of Homeland Security shall 12
allocate amounts appropriated or otherwise made available 13
under the heading ‘‘U.S. Immigration and Customs En-14
forcement—Operations and Support’’ by this Act in order 15
to— 16
(1) prioritize detention by using such amounts 17
to ensure that the average daily population of de-18
tainees is maintained at the full capacity at all de-19
tention facilities funded by this Act throughout the 20
fiscal year; and 21
(2) ensure that every alien on the non-detained 22
docket is enrolled into the Alternatives to Detention 23
Program with mandatory GPS monitoring through-24
out the duration of all applicable immigration pro-25 33 
•HR 4367 EH
ceedings (including any appeals) and until removal, 1
if ordered removed. 2
S
EC. 225. Members of the United States House of 3
Representatives and the United States Senate, including 4
the leadership; the heads of Federal agencies and commis-5
sions, including the Secretary, Deputy Secretary, Under 6
Secretaries, and Assistant Secretaries of the Department 7
of Homeland Security; the United States Attorney Gen-8
eral, Deputy Attorney General, Assistant Attorneys Gen-9
eral, and the United States Attorneys; and senior mem-10
bers of the Executive Office of the President, including 11
the Director of the Office of Management and Budget, 12
shall not be exempt from Federal passenger and baggage 13
screening. 14
S
EC. 226. Notwithstanding section 44923 of title 49, 15
United States Code, for fiscal year 2024, any funds in 16
the Aviation Security Capital Fund established by section 17
44923(h) of title 49, United States Code, may be used 18
for the procurement and installation of explosives detec-19
tion systems or for the issuance of other transaction agree-20
ments for the purpose of funding projects described in sec-21
tion 44923(a) of such title. 22
S
EC. 227. Not later than 45 days after the submis-23
sion of the President’s budget proposal, the Administrator 24
of the Transportation Security Administration shall sub-25 34 
•HR 4367 EH
mit to the Committees on Appropriations and Homeland 1
Security in the House of Representatives and the Commit-2
tees on Appropriations and Commerce, Science, and 3
Transportation of the Senate a single report that fulfills 4
the following requirements: 5
(1) a Capital Investment Plan, both constrained 6
and unconstrained, that includes a plan for contin-7
uous and sustained capital investment in new, and 8
the replacement of aged, transportation security 9
equipment; 10
(2) the 5-year technology investment plan as re-11
quired by section 1611 of title XVI of the Homeland 12
Security Act of 2002, as amended by section 3 of 13
the Transportation Security Acquisition Reform Act 14
(Public Law 113–245); and 15
(3) the Advanced Integrated Passenger Screen-16
ing Technologies report as required by the Senate 17
Report accompanying the Department of Homeland 18
Security Appropriations Act, 2019 (Senate Report 19
115–283). 20
S
EC. 228. None of the funds made available under 21
the heading ‘‘Transportation Security Administration— 22
Operations and Support’’ may be made available for the 23
purpose of implementation of any structural pay reform 24
that would alter the pay structure in place as of October 25 35 
•HR 4367 EH
1, 2022, for any employee that is not a Transportation 1
Security Officer. 2
S
EC. 229. (a) None of the funds made available by 3
this Act under the heading ‘‘Coast Guard—Operations 4
and Support’’ shall be for expenses incurred for rec-5
reational vessels under section 12114 of title 46, United 6
States Code, except to the extent fees are collected from 7
owners of yachts and credited to the appropriation made 8
available by this Act under the heading ‘‘Coast Guard— 9
Operations and Support’’. 10
(b) To the extent such fees are insufficient to pay 11
expenses of recreational vessel documentation under such 12
section 12114, and there is a backlog of recreational vessel 13
applications, personnel performing non-recreational vessel 14
documentation functions under subchapter II of chapter 15
121 of title 46, United States Code, may perform docu-16
mentation under section 12114. 17
S
EC. 230. Without regard to the limitation as to time 18
and condition of section 503(d) of this Act, after June 19
30, in accordance with the notification requirement de-20
scribed in subsection (b) of such section, up to the fol-21
lowing amounts may be reprogrammed within ‘‘Coast 22
Guard—Operations and Support’’— 23
(1) $10,000,000 to or from the ‘‘Military Per-24
sonnel’’ funding category; and 25 36 
•HR 4367 EH
(2) $10,000,000 between the ‘‘Field Oper-1
ations’’ funding subcategories. 2
S
EC. 231. Notwithstanding any other provision of 3
law, the Commandant of the Coast Guard shall submit 4
to the Committees on Appropriations of the House of Rep-5
resentatives and the Senate a future-years capital invest-6
ment plan as described in the second proviso under the 7
heading ‘‘Coast Guard—Acquisition, Construction, and 8
Improvements’’ in the Department of Homeland Security 9
Appropriations Act, 2015 (Public Law 114–4), which shall 10
be subject to the requirements in the third and fourth pro-11
visos under such heading. 12
S
EC. 232. None of the funds in this Act shall be used 13
to reduce the Coast Guard’s legacy Operations Systems 14
Center mission or its government-employed or contract 15
staff levels. 16
S
EC. 233. None of the funds appropriated by this Act 17
may be used to conduct, or to implement the results of, 18
a competition under Office of Management and Budget 19
Circular A–76 for activities performed with respect to the 20
Coast Guard National Vessel Documentation Center. 21
S
EC. 234. Funds made available in this Act may be 22
used to alter operations within the Civil Engineering Pro-23
gram of the Coast Guard nationwide, including civil engi-24
neering units, facilities design and construction centers, 25 37 
•HR 4367 EH
maintenance and logistics commands, and the Coast 1
Guard Academy, except that none of the funds provided 2
in this Act may be used to reduce operations within any 3
civil engineering unit unless specifically authorized by a 4
statute enacted after the date of enactment of this Act. 5
S
EC. 235. Amounts deposited into the Coast Guard 6
Housing Fund in fiscal year 2024 shall be available until 7
expended to carry out the purposes of section 2946 of title 8
14, United States Code, and shall be in addition to funds 9
otherwise available for such purposes. 10
S
EC. 236. (a) Notwithstanding section 2110 of title 11
46, United States Code, none of the funds made available 12
in this Act shall be used to charge a fee for an inspection 13
of a towing vessel, as defined in 46 CFR 136.110, that 14
utilizes the Towing Safety Management System option for 15
a Certificate of Inspection issued under subchapter M of 16
title 46, Code of Federal Regulations. 17
(b) Subsection (a) shall not apply after the date the 18
Commandant of the Coast Guard makes a determination 19
under section 815(a) of the Frank LoBiondo Coast Guard 20
Authorization Act of 2018 (Public Law 115–282) and, as 21
necessary based on such determination, carries out the re-22
quirements of section 815(b) of such Act. 23
S
EC. 237. The United States Secret Service is au-24
thorized to obligate funds in anticipation of reimburse-25 38 
•HR 4367 EH
ments from executive agencies, as defined in section 105 1
of title 5, United States Code, for personnel receiving 2
training sponsored by the James J. Rowley Training Cen-3
ter, except that total obligations at the end of the fiscal 4
year shall not exceed total budgetary resources available 5
under the heading ‘‘United States Secret Service—Oper-6
ations and Support’’ at the end of the fiscal year. 7
S
EC. 238. (a) None of the funds made available to 8
the United States Secret Service by this Act or by previous 9
appropriations Acts may be made available for the protec-10
tion of the head of a Federal agency other than the Sec-11
retary of Homeland Security. 12
(b) The Director of the United States Secret Service 13
may enter into agreements to provide such protection on 14
a fully reimbursable basis. 15
S
EC. 239. For purposes of section 503(a)(3) of this 16
Act, up to $15,000,000 may be reprogrammed within 17
‘‘United States Secret Service—Operations and Support’’. 18
S
EC. 240. Funding made available in this Act for 19
‘‘United States Secret Service—Operations and Support’’ 20
is available for travel of United States Secret Service em-21
ployees on protective missions without regard to the limi-22
tations on such expenditures in this or any other Act if 23
the Director of the United States Secret Service or a des-24
ignee notifies the Committees on Appropriations of the 25 39 
•HR 4367 EH
House of Representatives and the Senate 10 or more days 1
in advance, or as early as practicable, prior to such ex-2
penditures. 3
S
EC. 241. None of the funds appropriated or other-4
wise made available by this Act may be made available 5
to implement, administer, or otherwise carry out the poli-6
cies described in the directive issued by the Acting Com-7
missioner of U.S. Customs and Border Protection on Jan-8
uary 10, 2023, entitled ‘‘Emergency Driving and Vehic-9
ular Pursuits’’, or any successor or similar directive or pol-10
icy. 11
S
EC. 242. None of the funds appropriated or other-12
wise made available by this Act may be made available 13
to admit an alien into the United States based on a De-14
partment of Homeland Security Form I-20 (Certificate of 15
Eligibility for Nonimmigrant Student Status) issued by a 16
college, university, or other institution of higher education 17
that is not accredited by a nationally recognized accred-18
iting agency or association recognized by the Secretary of 19
Education pursuant to part H of title IV of the Higher 20
Education Act of 1965 (20 U.S.C. 1099a et seq.). 21
S
EC. 243. None of the funds appropriated or other-22
wise made available by this Act may be made available 23
to parole into the Commonwealth of the Northern Mariana 24
Islands, for the purpose of temporary visit for business 25 40 
•HR 4367 EH
or pleasure without a visa, an alien who is a national of 1
the People’s Republic of China. 2
S
EC. 244. None of the funds appropriated or other-3
wise made available by this Act or previous appropriations 4
Acts under the heading ‘‘Coast Guard—Procurement, 5
Construction, and Improvements’’ that remain available 6
for obligation in fiscal year 2024 within the Waterways 7
Commerce Cutter Program may be used to enter into or 8
carry out a procurement contract with any entity deemed 9
not eligible for an award from a size standpoint by the 10
Small Business Administration. 11 41 
•HR 4367 EH
TITLE III 1
PROTECTION, PREPAREDNESS, RESPONSE, AND 2
RECOVERY 3
C
YBERSECURITY AND INFRASTRUCTURE SECURITY 4
A
GENCY 5
OPERATIONS AND SUPPORT 6
For necessary expenses of the Cybersecurity and In-7
frastructure Security Agency for operations and support, 8
$2,370,963,000 (reduced by $1,000,000, increased by 9
$1,000,000), of which $24,424,000 shall remain available 10
until September 30, 2025: Provided, That not to exceed 11
$3,825 shall be for official reception and representation 12
expenses: Provided further, That $5,000,000 shall be with-13
held from obligation until the reports and briefings di-14
rected under this heading in the explanatory statement ac-15
companying Public Law 117–103 have been submitted to 16
the Committees on Appropriations of the House of Rep-17
resentatives and the Senate. 18
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 19
For necessary expenses of the Cybersecurity and In-20
frastructure Security Agency for procurement, construc-21
tion, and improvements, $553,537,000, to remain avail-22
able until September 30, 2026. 23 42 
•HR 4367 EH
RESEARCH AND DEVELOPMENT 1
For necessary expenses of the Cybersecurity and In-2
frastructure Security Agency for research and develop-3
ment, $1,791,000, to remain available until September 30, 4
2025. 5
F
EDERALEMERGENCYMANAGEMENTAGENCY 6
OPERATIONS AND SUPPORT 7
For necessary expenses of the Federal Emergency 8
Management Agency for operations and support, 9
$1,521,248,000 (increased by $5,000,000) (reduced by 10
$1,000,000) (increased by $1,000,000) (reduced by 11
$10,000,000) (increased by $10,000,000): Provided, That 12
not to exceed $2,250 shall be for official reception and 13
representation expenses. 14
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 15
For necessary expenses of the Federal Emergency 16
Management Agency for procurement, construction, and 17
improvements, $119,137,000, of which $81,637,000 shall 18
remain available until September 30, 2026, and of which 19
$37,500,000 shall remain available until September 30, 20
2028. 21
FEDERAL ASSISTANCE 22
For activities of the Federal Emergency Management 23
Agency for Federal assistance through grants, contracts, 24
cooperative agreements, and other activities, 25 43 
•HR 4367 EH
$3,742,460,342 (increased by $10,000,000) (increased by 1
$20,000,000) (increased by $20,000,000), which shall be 2
allocated as follows: 3
(1) $530,000,000 (increased by $10,000,000) 4
for the State Homeland Security Grant Program 5
under section 2004 of the Homeland Security Act of 6
2002 (6 U.S.C. 605), of which $100,000,000 (in-7
creased by $10,000,000) shall be for Operation 8
Stonegarden and $15,000,000 shall be for Tribal 9
Homeland Security Grants under section 2005 of 10
the Homeland Security Act of 2002 (6 U.S.C. 606): 11
Provided, That notwithstanding subsection (c)(4) of 12
such section 2004, for fiscal year 2024, the Com-13
monwealth of Puerto Rico shall make available to 14
local and tribal governments amounts provided to 15
the Commonwealth of Puerto Rico under this para-16
graph in accordance with subsection (c)(1) of such 17
section 2004. 18
(2) $615,000,000 for the Urban Area Security 19
Initiative under section 2003 of the Homeland Secu-20
rity Act of 2002 (6 U.S.C. 604). 21
(3) $315,000,000 (increased by $20,000,000) 22
for the Nonprofit Security Grant Program under 23
section 2009 of the Homeland Security Act of 2002 24
(6 U.S.C. 609a), of which $157,500,000 (increased 25 44 
•HR 4367 EH
by $10,000,000) is for eligible recipients located in 1
high-risk urban areas that receive funding under 2
section 2003 of such Act and $157,500,000 (in-3
creased by $10,000,000) is for eligible recipients 4
that are located outside such areas: Provided, That 5
eligible recipients are those described in section 6
2009(b) of such Act (6 U.S.C. 609a(b)) or are an 7
otherwise eligible recipient at risk of a terrorist or 8
other extremist attack. 9
(4) $105,000,000 for Public Transportation Se-10
curity Assistance, Railroad Security Assistance, and 11
Over-the-Road Bus Security Assistance under sec-12
tions 1406, 1513, and 1532 of the Implementing 13
Recommendations of the 9/11 Commission Act of 14
2007 (6 U.S.C. 1135, 1163, and 1182), of which 15
$10,000,000 shall be for Amtrak security and 16
$5,000,000 shall be for Over-the-Road Bus Security: 17
Provided, That such public transportation security 18
assistance shall be provided directly to public trans-19
portation agencies. 20
(5) $100,000,000 for Port Security Grants in 21
accordance with section 70107 of title 46, United 22
States Code. 23
(6) $720,000,000 (increased by $20,000,000), 24
to remain available until September 30, 2025, of 25 45 
•HR 4367 EH
which $360,000,000 (increased by $10,000,000) 1
shall be for Assistance to Firefighter Grants and 2
$360,000,000 (increased by $10,000,000) shall be 3
for Staffing for Adequate Fire and Emergency Re-4
sponse Grants under sections 33 and 34 respectively 5
of the Federal Fire Prevention and Control Act of 6
1974 (15 U.S.C. 2229 and 2229a). 7
(7) $355,000,000 for emergency management 8
performance grants under the National Flood Insur-9
ance Act of 1968 (42 U.S.C. 4001 et seq.), the Rob-10
ert T. Stafford Disaster Relief and Emergency As-11
sistance Act (42 U.S.C. 5121), the Earthquake Haz-12
ards Reduction Act of 1977 (42 U.S.C. 7701), sec-13
tion 762 of title 6, United States Code, and Reorga-14
nization Plan No. 3 of 1978 (5 U.S.C. App.). 15
(8) $312,750,000 for necessary expenses for 16
Flood Hazard Mapping and Risk Analysis, in addi-17
tion to and to supplement any other sums appro-18
priated under the National Flood Insurance Fund, 19
and such additional sums as may be provided by 20
States or other political subdivisions for cost-shared 21
mapping activities under section 1360(f)(2) of the 22
National Flood Insurance Act of 1968 (42 U.S.C. 23
4101(f)(2)), to remain available until expended. 24 46 
•HR 4367 EH
(9) $12,000,000 for Regional Catastrophic Pre-1
paredness Grants. 2
(10) $130,000,000 for the emergency food and 3
shelter program under title III of the McKinney- 4
Vento Homeless Assistance Act (42 U.S.C. 11331), 5
to remain available until September 30, 2025: Pro-6
vided, That not to exceed 3.5 percent shall be for 7
total administrative costs. 8
(11) $40,000,000 for the Next Generation 9
Warning System. 10
(12) $181,223,342 for Community Project 11
Funding grants, which shall be for the purposes, 12
and the amounts, specified in the table entitled 13
‘‘Homeland Security—Community Project Funding’’ 14
in the report accompanying this Act, of which— 15
(A) $65,627,263, in addition to amounts 16
otherwise made available for such purpose, is 17
for emergency operations center grants under 18
section 614 of the Robert T. Stafford Disaster 19
Relief and Emergency Assistance Act (42 20
U.S.C. 5196c); and 21
(B) $115,596,079, in addition to amounts 22
otherwise made available for such purpose, is 23
for pre-disaster mitigation grants under section 24
203 of the Robert T. Stafford Disaster Relief 25 47 
•HR 4367 EH
and Emergency Assistance Act (42 U.S.C. 1
5133(e), notwithstanding subsections (f), (g), 2
and (l) of that section (42 U.S.C. 5133(f), (g), 3
(l)). 4
(13) $326,487,000 to sustain current oper-5
ations for training, exercises, technical assistance, 6
and other programs. 7
DISASTER RELIEF FUND 8
For necessary expenses in carrying out the Robert 9
T. Stafford Disaster Relief and Emergency Assistance Act 10
(42 U.S.C. 5121 et seq.), $20,406,341,000, to remain 11
available until expended, of which $20,261,000,000 (re-12
duced by $10,000,000) (increased by $10,000,000) shall 13
be for major disasters declared pursuant to the Robert T. 14
Stafford Disaster Relief and Emergency Assistance Act 15
(42 U.S.C. 5121 et seq.) and is designated by the Con-16
gress as being for disaster relief pursuant to section 17
251(b)(2)(D) of the Balanced Budget and Emergency 18
Deficit Control Act of 1985. 19
NATIONAL FLOOD INSURANCE FUND 20
For activities under the National Flood Insurance 21
Act of 1968 (42 U.S.C. 4001 et seq.), the Flood Disaster 22
Protection Act of 1973 (42 U.S.C. 4001 et seq.), the 23
Biggert-Waters Flood Insurance Reform Act of 2012 24
(Public Law 112–141, 126 Stat. 916), and the Home-25 48 
•HR 4367 EH
owner Flood Insurance Affordability Act of 2014 (Public 1
Law 113–89; 128 Stat. 1020), $239,983,000, to remain 2
available until September 30, 2025, which shall be derived 3
from offsetting amounts collected under section 1308(d) 4
of the National Flood Insurance Act of 1968 (42 U.S.C. 5
4015(d)); of which $18,917,000 shall be available for mis-6
sion support associated with flood management; and of 7
which $221,066,000 shall be available for flood plain man-8
agement and flood mapping: Provided, That any addi-9
tional fees collected pursuant to section 1308(d) of the 10
National Flood Insurance Act of 1968 (42 U.S.C. 11
4015(d)) shall be credited as offsetting collections to this 12
account, to be available for flood plain management and 13
flood mapping: Provided further, That in fiscal year 2024, 14
no funds shall be available from the National Flood Insur-15
ance Fund under section 1310 of the National Flood In-16
surance Act of 1968 (42 U.S.C. 4017) in excess of— 17
(1) $230,504,000 for operating expenses and 18
salaries and expenses associated with flood insurance 19
operations; 20
(2) $1,300,000,000 for commissions and taxes 21
of agents; 22
(3) such sums as are necessary for interest on 23
Treasury borrowings; and 24 49 
•HR 4367 EH
(4) $175,000,000, which shall remain available 1
until expended, for flood mitigation actions and for 2
flood mitigation assistance under section 1366 of the 3
National Flood Insurance Act of 1968 (42 U.S.C. 4
4104c), notwithstanding sections 1366(e) and 5
1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017): 6
Provided further, That the amounts collected under section 7
102 of the Flood Disaster Protection Act of 1973 (42 8
U.S.C. 4012a) and section 1366(e) of the National Flood 9
Insurance Act of 1968 (42 U.S.C. 4104c(e)), shall be de-10
posited in the National Flood Insurance Fund to supple-11
ment other amounts specified as available for section 1366 12
of the National Flood Insurance Act of 1968, notwith-13
standing section 102(f)(8), section 1366(e) of the National 14
Flood Insurance Act of 1968, and paragraphs (1) through 15
(3) of section 1367(b) of such Act (42 U.S.C. 4012a(f)(8), 16
4104c(e), 4104d(b)(1)–(3)): Provided further, That total 17
administrative costs shall not exceed 4 percent of the total 18
appropriation: Provided further, That up to $5,000,000 is 19
available to carry out section 24 of the Homeowner Flood 20
Insurance Affordability Act of 2014 (42 U.S.C. 4033). 21
A
DMINISTRATIVEPROVISIONS 22
S
EC. 301. (a) The Director of the Cybersecurity and 23
Infrastructure Security Agency (or the Director’s des-24
ignee) shall provide the briefings to the Committees on 25 50 
•HR 4367 EH
Appropriations of the House of Representatives and the 1
Senate described under the heading ‘‘Quarterly Budget 2
and Staffing Briefings’’ in the explanatory statement for 3
division F of Public Law 117–103 described in section 4 4
in the matter preceding division A of such Public Law— 5
(1) with respect to the first quarter of fiscal 6
year 2024, not later than the later of 30 days after 7
the date of enactment of this Act or January 30, 8
2024; and 9
(2) with respect to each subsequent fiscal quar-10
ter in fiscal year 2024, not later than 21 days after 11
the end of each such quarter. 12
(b) In the event that any such briefing required dur-13
ing this fiscal year under subsection (a) is not provided, 14
the amount made available in title III to the Cybersecurity 15
and Infrastructure Security Agency under the heading 16
‘‘Operations and Support’’ shall be reduced by $50,000 17
for each day of noncompliance with subsection (a), and 18
the amount made available under such heading and speci-19
fied in the detailed funding table in the report accom-20
panying this Act for Mission Support shall be correspond-21
ingly reduced by an equivalent amount. 22
S
EC. 302. (a) Notwithstanding section 2008(a)(12) 23
of the Homeland Security Act of 2002 (6 U.S.C. 24
609(a)(12)) or any other provision of law, not more than 25 51 
•HR 4367 EH
5 percent of the amount of a grant made available in para-1
graphs (1) through (5) under ‘‘Federal Emergency Man-2
agement Agency—Federal Assistance’’, may be used by 3
the recipient for expenses directly related to administra-4
tion of the grant. 5
(b) The authority provided in subsection (a) shall also 6
apply to a state recipient for the administration of a grant 7
under such paragraph (3). 8
S
EC. 303. Applications for grants under the heading 9
‘‘Federal Emergency Management Agency—Federal As-10
sistance’’, for paragraphs (1) through (5), shall be made 11
available to eligible applicants not later than 60 days after 12
the date of enactment of this Act, eligible applicants shall 13
submit applications not later than 80 days after the grant 14
announcement, and the Administrator of the Federal 15
Emergency Management Agency shall act within 65 days 16
after the receipt of an application. 17
S
EC. 304. (a) Under the heading ‘‘Federal Emer-18
gency Management Agency—Federal Assistance’’, for 19
grants under paragraphs (1) through (5) and (9), the Ad-20
ministrator of the Federal Emergency Management Agen-21
cy shall brief the Committees on Appropriations of the 22
House of Representatives and the Senate 5 full business 23
days in advance of announcing publicly the intention of 24
making an award. 25 52 
•HR 4367 EH
(b) If any such public announcement is made before 1
5 full business days have elapsed following such briefing, 2
$1,000,000 of amounts appropriated by this Act for ‘‘Fed-3
eral Emergency Management Agency—Operations and 4
Support’’ shall be rescinded. 5
S
EC. 305. Under the heading ‘‘Federal Emergency 6
Management Agency—Federal Assistance’’, for grants 7
under paragraphs (1) and (2), the installation of commu-8
nications towers is not considered construction of a build-9
ing or other physical facility. 10
S
EC. 306. The reporting requirements in paragraphs 11
(1) and (2) under the heading ‘‘Federal Emergency Man-12
agement Agency—Disaster Relief Fund’’ in the Depart-13
ment of Homeland Security Appropriations Act, 2015 14
(Public Law 114–4), related to reporting on the Disaster 15
Relief Fund, shall be applied in fiscal year 2024 with re-16
spect to budget year 2025 and current fiscal year 2024, 17
respectively— 18
(1) in paragraph (1) by substituting ‘‘fiscal 19
year 2025’’ for ‘‘fiscal year 2016’’; and 20
(2) in paragraph (2) by inserting ‘‘business’’ 21
after ‘‘fifth’’. 22
S
EC. 307. In making grants under the heading ‘‘Fed-23
eral Emergency Management Agency—Federal Assist-24
ance’’, for Staffing for Adequate Fire and Emergency Re-25 53 
•HR 4367 EH
sponse grants, the Administrator of the Federal Emer-1
gency Management Agency may grant waivers from the 2
requirements in subsections (a)(1)(A), (a)(1)(B), 3
(a)(1)(E), (c)(1), (c)(2), and (c)(4) of section 34 of the 4
Federal Fire Prevention and Control Act of 1974 (15 5
U.S.C. 2229a). 6
S
EC. 308. (a) The aggregate charges assessed during 7
fiscal year 2024, as authorized in title III of the Depart-8
ments of Veterans Affairs and Housing and Urban Devel-9
opment, and Independent Agencies Appropriations Act, 10
1999 (42 U.S.C. 5196e), shall not be less than 100 per-11
cent of the amounts anticipated by the Department of 12
Homeland Security to be necessary for its Radiological 13
Emergency Preparedness Program for the next fiscal year. 14
(b) The methodology for assessment and collection of 15
fees shall be fair and equitable and shall reflect costs of 16
providing such services, including administrative costs of 17
collecting such fees. 18
(c) Such fees shall be deposited in a Radiological 19
Emergency Preparedness Program account as offsetting 20
collections and will become available for authorized pur-21
poses on October 1, 2024, and remain available until ex-22
pended. 23
S
EC. 309. In making grants under the heading ‘‘Fed-24
eral Emergency Management Agency—Federal Assist-25 54 
•HR 4367 EH
ance’’, for Assistance to Firefighter Grants, the Adminis-1
trator of the Federal Emergency Management Agency 2
may waive subsection (k) of section 33 of the Federal Fire 3
Prevention and Control Act of 1974 (15 U.S.C. 2229). 4 55 
•HR 4367 EH
TITLE IV 1
RESEARCH, DEVELOPMENT, TRAINING, AND 2
SERVICES 3
U.S. C
ITIZENSHIP ANDIMMIGRATIONSERVICES 4
OPERATIONS AND SUPPORT 5
For necessary expenses of U.S. Citizenship and Im-6
migration Services for operations and support of the E- 7
Verify Program, $111,865,000: Provided, That such 8
amounts shall be in addition to any other amounts made 9
available for such purposes, and shall not be construed to 10
require any reduction of any fee described in section 11
286(m) of the Immigration and Nationality Act (8 U.S.C. 12
1356(m)). 13
F
EDERALLAWENFORCEMENTTRAININGCENTERS 14
OPERATIONS AND SUPPORT 15
For necessary expenses of the Federal Law Enforce-16
ment Training Centers for operations and support, includ-17
ing the purchase of not to exceed 117 vehicles for police- 18
type use and hire of passenger motor vehicles, and services 19
as authorized by section 3109 of title 5, United States 20
Code, $361,398,000, of which $66,665,000 shall remain 21
available until September 30, 2025: Provided, That not 22
to exceed $7,180 shall be for official reception and rep-23
resentation expenses. 24 56 
•HR 4367 EH
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 1
For necessary expenses of the Federal Law Enforce-2
ment Training Centers for procurement, construction, and 3
improvements, $20,100,000, to remain available until Sep-4
tember 30, 2028, for acquisition of necessary additional 5
real property and facilities, construction and ongoing 6
maintenance, facility improvements and related expenses 7
of the Federal Law Enforcement Training Centers. 8
S
CIENCE ANDTECHNOLOGYDIRECTORATE 9
OPERATIONS AND SUPPORT 10
For necessary expenses of the Science and Tech-11
nology Directorate for operations and support, including 12
the purchase or lease of not to exceed 5 vehicles, 13
$333,632,000, of which $206,548,000 shall remain avail-14
able until September 30, 2025: Provided, That not to ex-15
ceed $10,000 shall be for official reception and representa-16
tion expenses. 17
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 18
For necessary expenses of the Science and Tech-19
nology Directorate for procurement, construction, and im-20
provements, $58,466,000, to remain available until Sep-21
tember 30, 2028. 22
RESEARCH AND DEVELOPMENT 23
For necessary expenses of the Science and Tech-24
nology Directorate for research and development, 25 57 
•HR 4367 EH
$444,545,000 (increased by $3,000,000) (reduced by 1
$10,000,000) (reduced by $20,000,000) (reduced by 2
$20,000,000), to remain available until September 30, 3
2026. 4
C
OUNTERINGWEAPONS OFMASSDESTRUCTIONOFFICE 5
OPERATIONS AND SUPPORT 6
For necessary expenses of the Countering Weapons 7
of Mass Destruction Office for operations and support, 8
$164,315,000, of which $69,364,000 shall remain avail-9
able until September 30, 2025: Provided, That not to ex-10
ceed $2,250 shall be for official reception and representa-11
tion expenses. 12
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 13
For necessary expenses of the Countering Weapons 14
of Mass Destruction Office for procurement, construction, 15
and improvements, $42,338,000, to remain available until 16
September 30, 2026. 17
RESEARCH AND DEVELOPMENT 18
For necessary expenses of the Countering Weapons 19
of Mass Destruction Office for research and development, 20
$64,201,000, to remain available until September 30, 21
2026. 22
FEDERAL ASSISTANCE 23
For necessary expenses of the Countering Weapons 24
of Mass Destruction Office for Federal assistance through 25 58 
•HR 4367 EH
grants, contracts, cooperative agreements, and other ac-1
tivities, $142,885,000, to remain available until Sep-2
tember 30, 2026. 3
A
DMINISTRATIVEPROVISIONS 4
S
EC. 401. (a) Notwithstanding any other provision 5
of law, funds otherwise made available to U.S. Citizenship 6
and Immigration Services may be used to acquire, operate, 7
equip, and dispose of up to 5 vehicles, for replacement 8
only, for areas where the Administrator of General Serv-9
ices does not provide vehicles for lease. 10
(b) The Director of U.S. Citizenship and Immigration 11
Services may authorize employees who are assigned to 12
those areas to use such vehicles to travel between the em-13
ployees’ residences and places of employment. 14
S
EC. 402. None of the funds appropriated by this Act 15
may be used to process or approve a competition under 16
Office of Management and Budget Circular A–76 for serv-17
ices provided by employees (including employees serving 18
on a temporary or term basis) of U.S. Citizenship and Im-19
migration Services of the Department of Homeland Secu-20
rity who are known as Immigration Information Officers, 21
Immigration Service Analysts, Contact Representatives, 22
Investigative Assistants, or Immigration Services Officers. 23
S
EC. 403. Notwithstanding any other provision of 24
law, any Federal funds made available to U.S. Citizenship 25 59 
•HR 4367 EH
and Immigration Services may be used for the collection 1
and use of biometrics taken at a U.S. Citizenship and Im-2
migration Services Application Support Center that is 3
overseen virtually by U.S. Citizenship and Immigration 4
Services personnel using appropriate technology. 5
S
EC. 404. None of the funds appropriated or other-6
wise made available by this Act may be made available 7
to implement, administer, or enforce the rule entitled 8
‘‘Procedures or Credible Fear Screening and Consider-9
ation of Asylum, Withholding of Removal, and CAT Pro-10
tection Claims by Asylum Officers’’ (87 Fed. Reg. 18078). 11
S
EC. 405. None of the funds appropriated or other-12
wise made available by this Act may be made available 13
to issue any employment authorization document or simi-14
lar document to any alien whose application for asylum 15
in the United States has been denied, or who is convicted 16
of a Federal or State crime while his or her application 17
for asylum in the United States is pending. 18
S
EC. 406. Notwithstanding the numerical limitation 19
set forth in section 214(g)(1)(B) of the Immigration and 20
Nationality Act (8 U.S.C. 1184(g)(1)(B)), the Secretary 21
of Homeland Security, after consultation with the Sec-22
retary of Labor, and upon determining that the needs of 23
American businesses cannot be satisfied during fiscal year 24
2024 with United States workers who are willing, quali-25 60 
•HR 4367 EH
fied, and able to perform temporary nonagricultural labor, 1
may increase the total number of aliens who may receive 2
a visa under section 101(a)(15)(H)(ii)(b) of such Act (8 3
U.S.C. 1101(a)(15)(H)(ii)(b)) in such fiscal year above 4
such limitation by not more than the highest number of 5
H–2B nonimmigrants who participated in the H–2B re-6
turning worker program in any fiscal year in which return-7
ing workers were exempt from such numerical limitation. 8
S
EC. 407. Notwithstanding section 286(n) of the Im-9
migration and Nationality Act (8 U.S.C. 1356(n)), the Di-10
rector of U.S. Citizenship and Immigration Services may 11
use not more than $5,000 of the amounts deposited in 12
the Immigration Examinations Fee Account for official re-13
ception and representation expenses in fiscal year 2024. 14
S
EC. 408. The Director of the Federal Law Enforce-15
ment Training Centers is authorized to distribute funds 16
to Federal law enforcement agencies for expenses incurred 17
participating in training accreditation. 18
S
EC. 409. The Federal Law Enforcement Training 19
Accreditation Board, including representatives from the 20
Federal law enforcement community and non-Federal ac-21
creditation experts involved in law enforcement training, 22
shall lead the Federal law enforcement training accredita-23
tion process to continue the implementation of measuring 24 61 
•HR 4367 EH
and assessing the quality and effectiveness of Federal law 1
enforcement training programs, facilities, and instructors. 2
S
EC. 410. (a) The Director of the Federal Law En-3
forcement Training Centers may accept transfers to its 4
‘‘Procurement, Construction, and Improvements’’ account 5
from Government agencies requesting the construction of 6
special use facilities, as authorized by the Economy Act 7
(31 U.S.C. 1535(b)). 8
(b) The Federal Law Enforcement Training Centers 9
shall maintain administrative control and ownership upon 10
completion of such facilities. 11
S
EC. 411. The functions of the Federal Law Enforce-12
ment Training Centers instructor staff shall be classified 13
as inherently governmental for purposes of the Federal 14
Activities Inventory Reform Act of 1998 (31 U.S.C. 501 15
note). 16 62 
•HR 4367 EH
TITLE V 1
GENERAL PROVISIONS 2
(INCLUDING RESCISSIONS OF FUNDS) 3
S
EC. 501. No part of any appropriation contained in 4
this Act shall remain available for obligation beyond the 5
current fiscal year unless expressly so provided herein. 6
S
EC. 502. Subject to the requirements of section 503 7
of this Act, the unexpended balances of prior appropria-8
tions provided for activities in this Act may be transferred 9
to appropriation accounts for such activities established 10
pursuant to this Act, may be merged with funds in the 11
applicable established accounts, and thereafter may be ac-12
counted for as one fund for the same time period as origi-13
nally enacted. 14
S
EC. 503. (a) None of the funds provided by this Act, 15
provided by previous appropriations Acts to the compo-16
nents in or transferred to the Department of Homeland 17
Security that remain available for obligation or expendi-18
ture in fiscal year 2024, or provided from any accounts 19
in the Treasury of the United States derived by the collec-20
tion of fees available to the components funded by this 21
Act, shall be available for obligation or expenditure 22
through a reprogramming of funds that— 23
(1) creates or eliminates a program, project, or 24
activity, or increases funds for any program, project, 25 63 
•HR 4367 EH
or activity for which funds have been denied or re-1
stricted by the Congress; 2
(2) contracts out any function or activity pres-3
ently performed by Federal employees or any new 4
function or activity proposed to be performed by 5
Federal employees in the President’s budget pro-6
posal for fiscal year 2024 for the Department of 7
Homeland Security; 8
(3) augments funding for existing programs, 9
projects, or activities in excess of $5,000,000 or 10 10
percent, whichever is less; 11
(4) reduces funding for any program, project, 12
or activity, or numbers of personnel, by 10 percent 13
or more; or 14
(5) results from any general savings from a re-15
duction in personnel that would result in a change 16
in funding levels for programs, projects, or activities 17
as approved by the Congress. 18
(b) Subsection (a) shall not apply if the Committees 19
on Appropriations of the House of Representatives and the 20
Senate are notified at least 15 days in advance of such 21
reprogramming. 22
(c) Up to 5 percent of any appropriation made avail-23
able for the current fiscal year for the Department of 24
Homeland Security by this Act or provided by previous 25 64 
•HR 4367 EH
appropriations Acts may be transferred between such ap-1
propriations if the Committees on Appropriations of the 2
House of Representatives and the Senate are notified at 3
least 30 days in advance of such transfer, but no such 4
appropriation, except as otherwise specifically provided, 5
shall be increased by more than 10 percent by such trans-6
fer. 7
(d) Notwithstanding subsections (a), (b), and (c), no 8
funds shall be reprogrammed within or transferred be-9
tween appropriations based upon an initial notification 10
provided after June 30, except in extraordinary cir-11
cumstances that imminently threaten the safety of human 12
life or the protection of property. 13
(e) The notification thresholds and procedures set 14
forth in subsections (a), (b), (c), and (d) shall apply to 15
any use of deobligated balances of funds provided in pre-16
vious Department of Homeland Security Appropriations 17
Acts that remain available for obligation in the current 18
year. 19
(f) Notwithstanding subsection (c), the Secretary of 20
Homeland Security may transfer to the fund established 21
by 8 U.S.C. 1101 note, up to $20,000,000 from appro-22
priations available to the Department of Homeland Secu-23
rity: Provided, That the Secretary shall notify the Commit-24 65 
•HR 4367 EH
tees on Appropriations of the House of Representatives 1
and the Senate at least 5 days in advance of such transfer. 2
S
EC. 504. (a) Section 504 of the Department of 3
Homeland Security Appropriations Act, 2017 (division F 4
of Public Law 115–31), related to the operations of a 5
working capital fund, shall apply with respect to funds 6
made available in this Act in the same manner as such 7
section applied to funds made available in that Act. 8
(b) Funds from such working capital fund may be 9
obligated and expended in anticipation of reimbursements 10
from components of the Department of Homeland Secu-11
rity. 12
S
EC. 505. (a) Except as otherwise specifically pro-13
vided by law, not to exceed 50 percent of unobligated bal-14
ances remaining available at the end of fiscal year 2024, 15
as recorded in the financial records at the time of a re-16
programming notification, but not later than June 30, 17
2025, from appropriations for ‘‘Operations and Support’’ 18
for fiscal year 2024 in this Act shall remain available 19
through September 30, 2025, in the account and for the 20
purposes for which the appropriations were provided. 21
(b) Prior to the obligation of such funds, a notifica-22
tion shall be submitted to the Committees on Appropria-23
tions of the House of Representatives and the Senate in 24
accordance with section 503 of this Act. 25 66 
•HR 4367 EH
SEC. 506. (a) Funds made available by this Act for 1
intelligence activities are deemed to be specifically author-2
ized by the Congress for purposes of section 504 of the 3
National Security Act of 1947 (50 U.S.C. 414) during fis-4
cal year 2024 until the enactment of an Act authorizing 5
intelligence activities for fiscal year 2024. 6
(b) Amounts described in subsection (a) made avail-7
able for ‘‘Intelligence, Analysis, and Situational Aware-8
ness—Operations and Support’’ that exceed the amounts 9
in such authorization for such account shall be transferred 10
to and merged with amounts made available under the 11
heading ‘‘Management Directorate—Operations and Sup-12
port’’. 13
(c) Prior to the obligation of any funds transferred 14
under subsection (b), the Management Directorate shall 15
brief the Committees on Appropriations of the House of 16
Representatives and the Senate on a plan for the use of 17
such funds. 18
S
EC. 507. (a) The Secretary of Homeland Security, 19
or the designee of the Secretary, shall notify the Commit-20
tees on Appropriations of the House of Representatives 21
and the Senate at least 3 full business days in advance 22
of— 23
(1) making or awarding a grant allocation or 24
grant in excess of $1,000,000; 25 67 
•HR 4367 EH
(2) making or awarding a contract, other trans-1
action agreement, or task or delivery order on a 2
multiple award contract, or to issue a letter of intent 3
totaling in excess of $4,000,000; 4
(3) awarding a task or delivery order requiring 5
an obligation of funds in an amount greater than 6
$10,000,000 from multi-year funds; 7
(4) making a sole-source grant award; or 8
(5) announcing publicly the intention to make 9
or award items under paragraph (1), (2), (3), or (4), 10
including a contract covered by the Federal Acquisi-11
tion Regulation. 12
(b) If the Secretary of Homeland Security determines 13
that compliance with this section would pose a substantial 14
risk to human life, health, or safety, an award may be 15
made without notification, and the Secretary shall notify 16
the Committees on Appropriations of the House of Rep-17
resentatives and the Senate not later than 5 full business 18
days after such an award is made or letter issued. 19
(c) A notification under this section— 20
(1) may not involve funds that are not available 21
for obligation; and 22
(2) shall include the amount of the award; the 23
fiscal year for which the funds for the award were 24 68 
•HR 4367 EH
appropriated; the type of contract; and the account 1
from which the funds are being drawn. 2
S
EC. 508. Notwithstanding any other provision of 3
law, no agency shall purchase, construct, or lease any ad-4
ditional facilities, except within or contiguous to existing 5
locations, to be used for the purpose of conducting Federal 6
law enforcement training without advance notification to 7
the Committees on Appropriations of the House of Rep-8
resentatives and the Senate, except that the Federal Law 9
Enforcement Training Centers is authorized to obtain the 10
temporary use of additional facilities by lease, contract, 11
or other agreement for training that cannot be accommo-12
dated in existing Centers’ facilities. 13
S
EC. 509. None of the funds appropriated or other-14
wise made available by this Act may be used for expenses 15
for any construction, repair, alteration, or acquisition 16
project for which a prospectus otherwise required under 17
chapter 33 of title 40, United States Code, has not been 18
approved, except that necessary funds may be expended 19
for each project for required expenses for the development 20
of a proposed prospectus. 21
S
EC. 510. Sections 522 and 530 of the Department 22
of Homeland Security Appropriations Act, 2008 (division 23
E of Public Law 110–161; 121 Stat. 2073 and 2074) shall 24
apply with respect to funds made available in this Act in 25 69 
•HR 4367 EH
the same manner as such sections applied to funds made 1
available in that Act. 2
S
EC. 511. (a) None of the funds made available in 3
this Act may be used in contravention of the applicable 4
provisions of the Buy American Act. 5
(b) For purposes of subsection (a), the term ‘‘Buy 6
American Act’’ means chapter 83 of title 41, United 7
States Code. 8
S
EC. 512. None of the funds made available in this 9
Act may be used to amend the oath of allegiance required 10
by section 337 of the Immigration and Nationality Act 11
(8 U.S.C. 1448). 12
S
EC. 513. None of the funds provided or otherwise 13
made available in this Act shall be available to carry out 14
section 872 of the Homeland Security Act of 2002 (6 15
U.S.C. 452) unless explicitly authorized by the Congress. 16
S
EC. 514. None of the funds made available in this 17
Act may be used for planning, testing, piloting, or devel-18
oping a national identification card. 19
S
EC. 515. Any official that is required by this Act 20
to report or to certify to the Committees on Appropria-21
tions of the House of Representatives and the Senate may 22
not delegate such authority to perform that act unless spe-23
cifically authorized herein. 24 70 
•HR 4367 EH
SEC. 516. None of the funds made available in this 1
Act may be used for first-class travel by the employees 2
of agencies funded by this Act in contravention of sections 3
301–10.122 through 301–10.124 of title 41, Code of Fed-4
eral Regulations. 5
S
EC. 517. None of the funds made available in this 6
Act may be used to employ workers described in section 7
274A(h)(3) of the Immigration and Nationality Act (8 8
U.S.C. 1324a(h)(3)). 9
S
EC. 518. Notwithstanding any other provision of 10
this Act, none of the funds appropriated or otherwise 11
made available by this Act may be used to pay award or 12
incentive fees for contractor performance that has been 13
judged to be below satisfactory performance or perform-14
ance that does not meet the basic requirements of a con-15
tract. 16
S
EC. 519. (a) None of the funds made available in 17
this Act may be used to maintain or establish a computer 18
network unless such network blocks the viewing, 19
downloading, and exchanging of pornography. 20
(b) Nothing in subsection (a) shall limit the use of 21
funds necessary for any Federal, State, tribal, territorial, 22
or local law enforcement agency or any other entity car-23
rying out criminal investigations, prosecution, or adjudica-24
tion activities. 25 71 
•HR 4367 EH
SEC. 520. None of the funds made available in this 1
Act may be used by a Federal law enforcement officer to 2
facilitate the transfer of an operable firearm to an indi-3
vidual if the Federal law enforcement officer knows or sus-4
pects that the individual is an agent of a drug cartel unless 5
law enforcement personnel of the United States continu-6
ously monitor or control the firearm at all times. 7
S
EC. 521. (a) None of the funds made available in 8
this Act may be used to pay for the travel to or attendance 9
of more than 50 employees of a single component of the 10
Department of Homeland Security, who are stationed in 11
the United States, at a single international conference un-12
less the Secretary of Homeland Security, or a designee, 13
determines that such attendance is in the national interest 14
and notifies the Committees on Appropriations of the 15
House of Representatives and the Senate within at least 16
10 days of that determination and the basis for that deter-17
mination. 18
(b) For purposes of this section the term ‘‘inter-19
national conference’’ shall mean a conference occurring 20
outside of the United States attended by representatives 21
of the United States Government and of foreign govern-22
ments, international organizations, or nongovernmental 23
organizations. 24 72 
•HR 4367 EH
(c) The total cost to the Department of Homeland 1
Security of any such conference shall not exceed $500,000. 2
(d) Employees who attend a conference virtually 3
without travel away from their permanent duty station 4
within the United States shall not be counted for purposes 5
of this section, and the prohibition contained in this sec-6
tion shall not apply to payments for the costs of attend-7
ance for such employees. 8
S
EC. 522. None of the funds made available in this 9
Act may be used to reimburse any Federal department 10
or agency for its participation in a National Special Secu-11
rity Event. 12
S
EC. 523. (a) None of the funds made available to 13
the Department of Homeland Security by this or any other 14
Act may be obligated for the implementation of any struc-15
tural pay reform or the introduction of any new position 16
classification that will affect more than 100 full-time posi-17
tions or costs more than $5,000,000 in a single year be-18
fore the end of the 30-day period beginning on the date 19
on which the Secretary of Homeland Security submits to 20
Congress a notification that includes— 21
(1) the number of full-time positions affected by 22
such change; 23 73 
•HR 4367 EH
(2) funding required for such change for the 1
current fiscal year and through the Future Years 2
Homeland Security Program; 3
(3) justification for such change; and 4
(4) for a structural pay reform, an analysis of 5
compensation alternatives to such change that were 6
considered by the Department. 7
(b) Subsection (a) shall not apply to such change if— 8
(1) it was proposed in the President’s budget 9
proposal for the fiscal year funded by this Act; and 10
(2) funds for such change have not been explic-11
itly denied or restricted in this Act. 12
S
EC. 524. (a) Any agency receiving funds made avail-13
able in this Act shall, subject to subsections (b) and (c), 14
post on the public website of that agency any report re-15
quired to be submitted by the Committees on Appropria-16
tions of the House of Representatives and the Senate in 17
this Act, upon the determination by the head of the agency 18
that it shall serve the national interest. 19
(b) Subsection (a) shall not apply to a report if— 20
(1) the public posting of the report com-21
promises homeland or national security; or 22
(2) the report contains proprietary information. 23
(c) The head of the agency posting such report shall 24
do so only after such report has been made available to 25 74 
•HR 4367 EH
the Committees on Appropriations of the House of Rep-1
resentatives and the Senate for not less than 45 days ex-2
cept as otherwise specified in law. 3
S
EC. 525. (a) Funding provided in this Act for ‘‘Op-4
erations and Support’’ may be used for minor procure-5
ment, construction, and improvements. 6
(b) For purposes of subsection (a), ‘‘minor’’ refers 7
to end items with a unit cost of $250,000 or less for per-8
sonal property, and $2,000,000 or less for real property. 9
S
EC. 526. The authority provided by section 532 of 10
the Department of Homeland Security Appropriations 11
Act, 2018 (Public Law 115–141) regarding primary and 12
secondary schooling of dependents shall continue in effect 13
during fiscal year 2024. 14
S
EC. 527. (a) None of the funds appropriated or oth-15
erwise made available to the Department of Homeland Se-16
curity by this Act may be used to prevent any of the fol-17
lowing persons from entering, for the purpose of con-18
ducting oversight, any facility operated by or for the De-19
partment of Homeland Security used to detain or other-20
wise house aliens, or to make any temporary modification 21
at any such facility that in any way alters what is observed 22
by a visiting Member of Congress or such designated em-23
ployee, compared to what would be observed in the absence 24
of such modification: 25 75 
•HR 4367 EH
(1) A Member of Congress. 1
(2) An employee of the United States House of 2
Representatives or the United States Senate des-3
ignated by such a Member for the purposes of this 4
section. 5
(b) Nothing in this section may be construed to re-6
quire a Member of Congress to provide prior notice of the 7
intent to enter a facility described in subsection (a) for 8
the purpose of conducting oversight. 9
(c) With respect to individuals described in subsection 10
(a)(2), the Department of Homeland Security may require 11
that a request be made at least 24 hours in advance of 12
an intent to enter a facility described in subsection (a). 13
S
EC. 528. (a) For an additional amount for ‘‘Federal 14
Emergency Management Agency—Federal Assistance’’, 15
$3,000,000, to remain available until September 30, 2025, 16
exclusively for providing reimbursement of extraordinary 17
law enforcement or other emergency personnel costs for 18
protection activities directly and demonstrably associated 19
with any residence of the President that is designated or 20
identified to be secured by the United States Secret Serv-21
ice. 22
(b) Subsections (b) through (f) of section 534 of the 23
Department of Homeland Security Appropriations Act, 24
2018 (Public Law 115–141), shall be applied with respect 25 76 
•HR 4367 EH
to amounts made available by subsection (a) of this section 1
by substituting ‘‘October 1, 2024’’ for ‘‘October 1, 2018’’ 2
and ‘‘October 1, 2023’’ for ‘‘October 1, 2017’’. 3
S
EC. 529. (a) Except as provided in subsection (b), 4
none of the funds made available in this Act may be used 5
to place restraints on a woman in the custody of the De-6
partment of Homeland Security (including during trans-7
port, in a detention facility, or at an outside medical facil-8
ity) who is pregnant or in post-delivery recuperation. 9
(b) Subsection (a) shall not apply with respect to a 10
pregnant woman if— 11
(1) an appropriate official of the Department of 12
Homeland Security makes an individualized deter-13
mination that the woman— 14
(A) is a serious flight risk, and such risk 15
cannot be prevented by other means; or 16
(B) poses an immediate and serious threat 17
to harm herself or others that cannot be pre-18
vented by other means; or 19
(2) a medical professional responsible for the 20
care of the pregnant woman determines that the use 21
of therapeutic restraints is appropriate for the med-22
ical safety of the woman. 23
(c) If a pregnant woman is restrained pursuant to 24
subsection (b), only the safest and least restrictive re-25 77 
•HR 4367 EH
straints, as determined by the appropriate medical profes-1
sional treating the woman, may be used. In no case may 2
restraints be used on a woman who is in active labor or 3
delivery, and in no case may a pregnant woman be re-4
strained in a face-down position with four-point restraints, 5
on her back, or in a restraint belt that constricts the area 6
of the pregnancy. A pregnant woman who is immobilized 7
by restraints shall be positioned, to the maximum extent 8
feasible, on her left side. 9
S
EC. 530. (a) None of the funds made available by 10
this Act may be used to destroy any document, recording, 11
or other record pertaining to any— 12
(1) death of, 13
(2) potential sexual assault or abuse per-14
petrated against, or 15
(3) allegation of abuse, criminal activity, or dis-16
ruption committed by 17
an individual held in the custody of the Department of 18
Homeland Security. 19
(b) The records referred to in subsection (a) shall be 20
made available, in accordance with applicable laws and 21
regulations, and Federal rules governing disclosure in liti-22
gation, to an individual who has been charged with a 23
crime, been placed into segregation, or otherwise punished 24 78 
•HR 4367 EH
as a result of an allegation described in paragraph (3), 1
upon the request of such individual. 2
S
EC. 531. Section 519 of division F of Public Law 3
114–113, regarding a prohibition on funding for any posi-4
tion designated as a Principal Federal Official, shall apply 5
with respect to any Federal funds in the same manner 6
as such section applied to funds made available in that 7
Act. 8
S
EC. 532. (a) Not later than 10 days after the date 9
on which the budget of the President for a fiscal year is 10
submitted to Congress pursuant to section 1105(a) of title 11
31, United States Code, the Under Secretary for Manage-12
ment of Homeland Security shall submit to the Commit-13
tees on Appropriations of the House of Representatives 14
and the Senate a report on the unfunded priorities, for 15
the Department of Homeland Security and separately for 16
each departmental component, for which discretionary 17
funding would be classified as budget function 050. 18
(b) Each report under this section shall specify, for 19
each such unfunded priority— 20
(1) a summary description, including the objec-21
tives to be achieved if such priority is funded 22
(whether in whole or in part); 23 79 
•HR 4367 EH
(2) the description, including the objectives to 1
be achieved if such priority is funded (whether in 2
whole or in part); 3
(3) account information, including the following 4
(as applicable): 5
(A) appropriation account; and 6
(B) program, project, or activity name; 7
and 8
(4) the additional number of full-time or part- 9
time positions to be funded as part of such priority. 10
(c) In this section, the term ‘‘unfunded priority’’, in 11
the case of a fiscal year, means a requirement that— 12
(1) is not funded in the budget referred to in 13
subsection (a); 14
(2) is necessary to fulfill a requirement associ-15
ated with an operational or contingency plan for the 16
Department; and 17
(3) would have been recommended for funding 18
through the budget referred to in subsection (a) if— 19
(A) additional resources had been available 20
for the budget to fund the requirement; 21
(B) the requirement has emerged since the 22
budget was formulated; or 23
(C) the requirement is necessary to sustain 24
prior-year investments. 25 80 
•HR 4367 EH
SEC. 533. (a) Not later than 10 days after a deter-1
mination is made by the President to evaluate and initiate 2
protection under any authority for a former or retired 3
Government official or employee, or for an individual who, 4
during the duration of the directed protection, will become 5
a former or retired Government official or employee (re-6
ferred to in this section as a ‘‘covered individual’’), the 7
Secretary of Homeland Security shall submit a notifica-8
tion to congressional leadership and the Committees on 9
Appropriations of the House of Representatives and the 10
Senate, the Committees on the Judiciary of the House of 11
Representatives and the Senate, the Committee on Home-12
land Security of the House of Representatives, the Com-13
mittee on Homeland Security and Governmental Affairs 14
of the Senate, and the Committee on Oversight and Re-15
form of the House of Representatives (referred to in this 16
section as the ‘‘appropriate congressional committees’’). 17
(b) Such notification may be submitted in classified 18
form, if necessary, and in consultation with the Director 19
of National Intelligence or the Director of the Federal Bu-20
reau of Investigation, as appropriate, and shall include the 21
threat assessment, scope of the protection, and the antici-22
pated cost and duration of such protection. 23
(c) Not later than 15 days before extending, or 30 24
days before terminating, protection for a covered indi-25 81 
•HR 4367 EH
vidual, the Secretary of Homeland Security shall submit 1
a notification regarding the extension or termination and 2
any change to the threat assessment to the congressional 3
leadership and the appropriate congressional committees. 4
(d) Not later than 45 days after the date of enact-5
ment of this Act, and quarterly thereafter, the Secretary 6
shall submit a report to the congressional leadership and 7
the appropriate congressional committees, which may be 8
submitted in classified form, if necessary, detailing each 9
covered individual, and the scope and associated cost of 10
protection. 11
S
EC. 534. (a) None of the funds provided to the De-12
partment of Homeland Security in this or any prior Act 13
may be used by an agency to submit an initial project pro-14
posal to the Technology Modernization Fund (as author-15
ized by section 1078 of subtitle G of title X of the National 16
Defense Authorization Act for Fiscal Year 2018 (Public 17
Law 115–91)) unless, concurrent with the submission of 18
an initial project proposal to the Technology Moderniza-19
tion Board, the head of the agency— 20
(1) notifies the Committees on Appropriations 21
of the House of Representatives and the Senate of 22
the proposed submission of the project proposal; 23
(2) submits to the Committees on Appropria-24
tions a copy of the project proposal; and 25 82 
•HR 4367 EH
(3) provides a detailed analysis of how the pro-1
posed project funding would supplement or supplant 2
funding requested as part of the Department’s most 3
recent budget submission. 4
(b) None of the funds provided to the Department 5
of Homeland Security by the Technology Modernization 6
Fund shall be available for obligation until 15 days after 7
a report on such funds has been transmitted to the Com-8
mittees on Appropriations of the House of Representatives 9
and the Senate. 10
(c) The report described in subsection (b) shall in-11
clude— 12
(1) the full project proposal submitted to and 13
approved by the Fund’s Technology Modernization 14
Board; 15
(2) the finalized interagency agreement between 16
the Department and the Fund including the 17
project’s deliverables and repayment terms, as appli-18
cable; 19
(3) a detailed analysis of how the project will 20
supplement or supplant existing funding available to 21
the Department for similar activities; 22
(4) a plan for how the Department will repay 23
the Fund, including specific planned funding 24
sources, as applicable; and 25 83 
•HR 4367 EH
(5) other information as determined by the Sec-1
retary. 2
S
EC. 535. Within 60 days of any budget submission 3
for the Department of Homeland Security for fiscal year 4
2025 that assumes revenues or proposes a reduction from 5
the previous year based on user fees proposals that have 6
not been enacted into law prior to the submission of the 7
budget, the Secretary of Homeland Security shall provide 8
the Committees on Appropriations of the House of Rep-9
resentatives and the Senate specific reductions in proposed 10
discretionary budget authority commensurate with the 11
revenues assumed in such proposals in the event that they 12
are not enacted prior to October 1, 2024. 13
S
EC. 536. None of the funds made available by this 14
Act may be obligated or expended to implement the Arms 15
Trade Treaty until the Senate approves a resolution of 16
ratification for the Treaty. 17
S
EC. 537. No Federal funds made available to the 18
Department of Homeland Security may be used to enter 19
into a procurement contract, memorandum of under-20
standing, or cooperative agreement with, or make a grant 21
to, or provide a loan or guarantee to, any entity identified 22
under section 1260H of the William M. (Mac) Thornberry 23
National Defense Authorization Act for Fiscal Year 2021 24
(Public Law 116–283) or any subsidiary of such entity. 25 84 
•HR 4367 EH
SEC. 538. None of the funds appropriated or other-1
wise made available in this or any other Act may be used 2
to transfer, release, or assist in the transfer or release to 3
or within the United States, its territories, or possessions 4
Khalid Sheikh Mohammed or any other detainee who— 5
(1) is not a United States citizen or a member 6
of the Armed Forces of the United States; and 7
(2) is or was held on or after June 24, 2009, 8
at the United States Naval Station, Guantanamo 9
Bay, Cuba, by the Department of Defense. 10
S
EC. 539. (a) The Secretary of Homeland Security 11
(in this section referred to as the ‘‘Secretary’’) shall, on 12
a bimonthly basis beginning immediately after the date of 13
enactment of this Act, develop estimates of the number 14
of migrants anticipated to arrive at the southwest border 15
of the United States. 16
(b) The Secretary shall ensure that, at a minimum, 17
the estimates developed pursuant to subsection (a)— 18
(1) cover the current fiscal year and the fol-19
lowing fiscal year; 20
(2) include a breakout by demographics, to in-21
clude single adults, family units, and unaccompanied 22
children; 23
(3) undergo an independent validation and 24
verification review; 25 85 
•HR 4367 EH
(4) are used to inform policy planning and 1
budgeting processes within the Department of 2
Homeland Security; and 3
(5) are included in the budget materials sub-4
mitted to Congress in support of the President’s an-5
nual budget request pursuant to section 1105 of title 6
31, United States Code, for each fiscal year begin-7
ning after the date of enactment of this Act and, for 8
such budget materials shall include— 9
(A) the most recent bimonthly estimates 10
developed pursuant to subsection (a); 11
(B) a description and quantification of the 12
estimates used to justify funding requests for 13
Department programs related to border secu-14
rity, immigration enforcement, and immigration 15
services; 16
(C) a description and quantification of the 17
anticipated workload and requirements result-18
ing from such estimates; and 19
(D) a confirmation as to whether the budg-20
et requests for impacted agencies were devel-21
oped using the same estimates. 22
(c) The Secretary shall share the bimonthly estimates 23
developed pursuant to subsection (a) with the Secretary 24
of Health and Human Services, the Attorney General, the 25 86 
•HR 4367 EH
Secretary of State, and the Committees on Appropriations 1
of the House of Representatives and the Senate. 2
S
EC. 540. None of the funds appropriated or other-3
wise made available by this Act may be made available 4
to establish or support the activities of: 5
(1) a Disinformation Governance Board at the 6
Department of Homeland Security, or any other en-7
tity carrying out similar activities relating to mis-, 8
dis-, or mal-information in a similar manner or to a 9
similar extent to such a Board; or 10
(2) any entity responsible, directly or indirectly, 11
under color of countering mis-, dis-, or mal-informa-12
tion or otherwise, for instructing, influencing, direct-13
ing, or recommending that private companies censor, 14
prohibit, or obstruct lawful and constitutionally pro-15
tected speech of United States persons on social 16
media platforms, including by— 17
(A) terminating speakers’ accounts; 18
(B) temporarily suspending accounts; 19
(C) imposing warnings or strikes against 20
accounts to stop future speech; 21
(D) ‘‘shadowbanning’’ speakers; 22
(E) demonetizing content or speakers; 23
(F) adjusting algorithms to suppress or de-24
emphasize speakers or messages; 25 87 
•HR 4367 EH
(G) deboosting speakers or content; 1
(H) promoting or demoting content; 2
(I) placing warning labels or explanatory 3
notes on content; 4
(J) suppressing content in other users’ 5
feeds; 6
(K) promoting negative comments on 7
disfavored content; 8
(L) requiring additional click-through(s) to 9
access content; or 10
(M) any other such methods. 11
S
EC. 541. None of the funds appropriated or other-12
wise made available by this Act may be made available 13
to require an employee of the Department of Homeland 14
Security to receive a vaccination against COVID-19. 15
S
EC. 542. None of the funds appropriated or other-16
wise made available by this Act may be made available 17
to administer, implement, or enforce the rules entitled 18
‘‘Amended Order Implementing Presidential Proclamation 19
on Advancing the Safe Resumption of Global Travel Dur-20
ing the COVID–19 Pandemic’’ (87 Fed. Reg. 20405 et 21
seq.) or ‘‘Notification of Temporary Travel Restrictions 22
Applicable to Land Ports of Entry and Ferries Service Be-23
tween the United States and Mexico’’ (87 Fed. Reg. 24
24041) (or any successor rules). 25 88 
•HR 4367 EH
SEC. 543. (a) None of the funds appropriated or oth-1
erwise made available by this Act may be made available 2
to: 3
(1) classify or facilitate the classification of any 4
communications by a United States person as mis- 5
, dis-, or mal-information; or 6
(2) partner with or fund nonprofit or other or-7
ganizations that in any way instruct, influence, di-8
rect, or recommend that private companies in any 9
way censor, prohibit, or obstruct lawful and constitu-10
tionally protected speech of United States persons 11
on social media platforms, including by— 12
(A) terminating speakers’ accounts; 13
(B) temporarily suspending accounts; 14
(C) imposing warnings or strikes against 15
accounts to stop future speech; 16
(D) ‘‘shadowbanning’’ speakers; 17
(E) demonetizing content or speakers; 18
(F) adjusting algorithms to suppress or de-19
emphasize speakers or messages; 20
(G) deboosting speakers or content; 21
(H) promoting or demoting content; 22
(I) placing warning labels or explanatory 23
notes on content; 24 89 
•HR 4367 EH
(J) suppressing content in other users’ 1
feeds; 2
(K) promoting negative comments on 3
disfavored content; 4
(L) requiring additional click-through(s) to 5
access content; or 6
(M) any other such methods. 7
(b) Any officer or employee of the Federal Govern-8
ment whose salary is funded by this Act and who conducts 9
any activity described in subsections (a)(1) or (a)(2) shall 10
be removed from the Federal service. 11
S
EC. 544. None of the funds appropriated or other-12
wise made available by this Act may be made available 13
to implement, administer, or enforce the rule related to 14
‘‘Circumvention of Lawful Pathways’’ (88 Fed. Reg. 15
11704). 16
S
EC. 545. None of the funds appropriated or other-17
wise made available by this Act may be made available 18
to implement, administer, apply, enforce, or carry out the 19
Equity Action Plan of the Department of Homeland Secu-20
rity, or Executive Order No. 13985 of January 20, 2021 21
(86 Fed. Reg. 7009, relating to advancing racial equity 22
and support for under-served communities through the 23
federal government), Executive Order No. 14035 of June 24
25, 2021 (86 Fed. Reg. 34593, relating to diversity, eq-25 90 
•HR 4367 EH
uity, inclusion, and accessibility in the federal workforce), 1
Executive Order No. 14091 of February 16, 2023 (88 2
Fed. Reg. 10825 relating to further advancing racial eq-3
uity and support for underserved communities through the 4
federal government) or any program, project, or activity 5
that promotes or advances Critical Race Theory or any 6
concept associated with Critical Race Theory. 7
S
EC. 546. None of the funds appropriated or other-8
wise made available by this Act under the heading ‘‘Office 9
of the Secretary and Executive Management—Operations 10
and Support’’ may be made available for the purpose of 11
paying counsel outside the Federal Government— 12
(1) before the date on which all funds provided 13
in section 211(a)(1) of this Act are obligated; and 14
(2) to prepare for or defend against impeach-15
ment. 16
S
EC. 547. (a) None of the funds appropriated or oth-17
erwise made available by this Act may be made available 18
to be used to purchase, maintain, or continue to operate 19
any Unmanned Aircraft Systems that are manufactured 20
in the People’s Republic of China or a country identified 21
as a foreign adversary in the Annual Threat Assessment 22
of the U.S. Intelligence Community or by an entity domi-23
ciled in the People’s Republic of China or a country identi-24 91 
•HR 4367 EH
fied as a foreign adversary in the most recent Annual 1
Threat Assessment of the U.S. Intelligence Community. 2
(b) Nothing in subsection (a) shall limit the use of 3
funds for counterintelligence, research and development, 4
test and evaluation, or counter Unmanned Aircraft Sys-5
tem mitigation efforts, including the activities of the Coast 6
Guard authorized by section 8414 of Public Law 116–283 7
(14 U.S.C. 1156 note). 8
S
EC. 548. (a) Section 538 of the Department of 9
Homeland Security Appropriations Act, 2022 (division F 10
of Public Law 117–103) is amended— 11
(1) in subsection (b), by striking ‘‘may’’ and in-12
serting ‘‘shall’’; and 13
(2) by striking subsection (d) and inserting the 14
following: 15
‘‘(d) Amounts in the Fund may not be ob-16
ligated until after the date on which the Act 17
making full-year appropriations for the Depart-18
ment of Homeland Security for the applicable 19
fiscal year is enacted into law, subject to sub-20
section (e). 21
‘‘(e) The Committees on Appropriations of 22
the House of Representatives and the Senate 23
shall be notified at least 15 days in advance of 24
the planned use of funds.’’. 25 92 
•HR 4367 EH
(b) The amendments made by this section shall apply 1
to amounts transferred under such section 538 on or after 2
the date of enactment of this Act. 3
S
EC. 549. (a) None of the funds appropriated or oth-4
erwise made available by this Act or any other Act shall 5
be used to execute an inspection of any detention facility 6
that is in a contractual agreement with U.S. Immigration 7
and Customs Enforcement for the provision of detention 8
services within six months of a previous inspection of such 9
facility. 10
(b) Subsection (a) shall not apply with respect to in-11
spections executed by the Office of Inspector General. 12
S
EC. 550. (a) None of the funds appropriated or oth-13
erwise made available by this Act or any other Act shall 14
be used to execute an inspection of any detention facility 15
that is in a contractual agreement with U.S. Immigration 16
and Customs Enforcement for the provision of detention 17
services, except solely for compliance with the terms, con-18
ditions, and standards found within the National Deten-19
tion Standards 2019 for U.S. Immigration and Customs 20
Enforcement. 21
(b) Subsection (a) shall take effect for detention fa-22
cilities operating under existing contracts, as of the date 23
of enactment of this Act, not later than 180 days after 24
the date of enactment of this Act. 25 93 
•HR 4367 EH
SEC. 551. None of the funds appropriated or other-1
wise made available by this Act shall be used to admit 2
an alien, who is a national of the Republic of Chile, under 3
section 217 of the Immigration and Nationality Act (8 4
U.S.C. 1187), until the Secretary of Homeland Security 5
verifies that the Republic of Chile provides access to ap-6
propriate criminal databases and the Department of 7
Homeland Security screens Chilean nationals against such 8
criminal databases. 9
S
EC. 552. (a) In general.—Notwithstanding section 10
7 of title 1, United States Code, section 1738C of title 11
28, United States Code, or any other provision of law, 12
none of the funds provided by this Act, or previous appro-13
priations Acts, shall be used in whole or in part to take 14
any discriminatory action against a person, wholly or par-15
tially, on the basis that such person speaks, or acts, in 16
accordance with a sincerely held religious belief, or moral 17
conviction, that marriage is, or should be recognized as, 18
a union of one man and one woman. 19
(b) Discriminatory action defined.—As used in sub-20
section (a), a discriminatory action means any action 21
taken by the Federal Government to— 22
(1) alter in any way the Federal tax treatment 23
of, or cause any tax, penalty, or payment to be as-24
sessed against, or deny, delay, or revoke an exemp-25 94 
•HR 4367 EH
tion from taxation under section 501(a) of the Inter-1
nal Revenue Code of 1986 of, any person referred to 2
in subsection (a); 3
(2) disallow a deduction for Federal tax pur-4
poses of any charitable contribution made to or by 5
such person; 6
(3) withhold, reduce the amount or funding for, 7
exclude, terminate, or otherwise make unavailable or 8
deny, any Federal grant, contract, subcontract, co-9
operative agreement, guarantee, loan, scholarship, li-10
cense, certification, accreditation, employment, or 11
other similar position or status from or to such per-12
son; 13
(4) withhold, reduce, exclude, terminate, or oth-14
erwise make unavailable or deny, any entitlement or 15
benefit under a Federal benefit program, including 16
admission to, equal treatment in, or eligibility for a 17
degree from an educational program, from or to 18
such person; or 19
(5) withhold, reduce, exclude, terminate, or oth-20
erwise make unavailable or deny access or an entitle-21
ment to Federal property, facilities, educational in-22
stitutions, speech fora (including traditional, limited, 23
and nonpublic fora), or charitable fundraising cam-24
paigns from or to such person. 25 95 
•HR 4367 EH
(c) Accreditation; Licensure; Certification.—The 1
Federal Government shall consider accredited, licensed, or 2
certified for purposes of Federal law any person that 3
would be accredited, licensed, or certified, respectively, for 4
such purposes but for a determination against such person 5
wholly or partially on the basis that the person speaks, 6
or acts, in accordance with a sincerely held religious belief 7
or moral conviction described in subsection (a). 8
(RESCISSIONS OF FUNDS) 9
S
EC. 553. Of the funds appropriated to the Depart-10
ment of Homeland Security, the following funds are here-11
by rescinded from the following accounts and programs 12
in the specified amounts: Provided, That no amounts may 13
be rescinded from amounts that were designated by the 14
Congress as an emergency requirement pursuant to a con-15
current resolution on the budget or the Balanced Budget 16
and Emergency Deficit Control Act of 1985: 17
(1) $800,000 from unobligated balances avail-18
able in the ‘‘Office of the Secretary and Executive 19
Management—Operations and Support’’ account (70 20
23/24 0100). 21
(2) $4,100,000 from the unobligated balances 22
available in the ‘‘Management Directorate—Office of 23
the Chief Information Officer and Operations’’ ac-24
count (70 X 0113). 25 96 
•HR 4367 EH
(3) $1,473,000 from the unobligated balances 1
available in the ‘‘U.S. Customs and Border Protec-2
tion—Procurement, Construction, and Improve-3
ments’’ account (70 X 0532). 4
(4) $1,842,000 from the unobligated balances 5
available in the ‘‘U.S. Customs and Border Protec-6
tion—Border Security Fencing, Infrastructure, and 7
Technology’’ account (70 X 0533). 8
(5) $452,000 from the unobligated balances 9
available in the ‘‘U.S. Customs and Border Protec-10
tion—Air and Marine Interdiction, Operations, 11
Maintenance, and Procurement’’ account (70 X 12
0544). 13
(6) $1,159,000,000 from the unobligated bal-14
ances available under the heading ‘‘U.S. Customs 15
and Border Protection—Procurement, Construction, 16
and Improvements’’ of the amounts provided by 17
Public Law 116–93 for the construction of barrier 18
system along the southwest border. 19
(7) $945,000,000 from the unobligated bal-20
ances available under the heading ‘‘U.S. Customs 21
and Border Protection—Procurement, Construction, 22
and Improvements’’ of the amounts provided by 23
Public Law 116–260 for the construction of barrier 24
system along the southwest border. 25 97 
•HR 4367 EH
(8) $3,000,000 from the unobligated balances 1
available in the ‘‘U.S. Immigration and Customs En-2
forcement—Operations and Support’’ account (70 3
23/24 0540). 4
(9) $2,092,841 from the unobligated balances 5
available in the ‘‘U.S. Immigration and Customs En-6
forcement—Operations and Support’’ account (70 X 7
0540). 8
(10) $10,439 from the unobligated balances 9
available in the ‘‘U.S. Immigration and Customs En-10
forcement—Automation Modernization’’ account (70 11
X 0543). 12
(11) $154,515,000 from the unobligated bal-13
ances available under the heading ‘‘Transportation 14
Security Administration—Operations and Support’’ 15
of the amounts provided by Public Law 117–328. 16
(12) $22,600,000 from the unobligated bal-17
ances available in the ‘‘Coast Guard—Acquisition, 18
Construction, and Improvements’’ account (70 X 19
0613). 20
(13) $3,500,000 from the unobligated balances 21
available in the ‘‘Cybersecurity and Infrastructure 22
Security Agency—Procurement, Construction, and 23
Improvements’’ account (70 23/27 0412). 24 98 
•HR 4367 EH
(14) $2,000,000 from the unobligated balances 1
available in the ‘‘Cybersecurity and Infrastructure 2
Security Agency—Research and Development’’ ac-3
count (70 23/24 0805). 4
(15) $5,821,000 from the unobligated balances 5
available in the ‘‘Federal Emergency Management 6
Agency—National Predisaster Mitigation Fund’’ ac-7
count (70 X 0716). 8
(16) $800,000 from the unobligated balances 9
available in the ‘‘Federal Law Enforcement Training 10
Centers—Procurement, Construction, and Improve-11
ments’’ account (70 20/24 0510). 12
(17) $900,000 from the unobligated balances 13
available in the ‘‘Science and Technology Direc-14
torate—Operations and Support’’ account (70 X 15
0800). 16
(18) $388,522 from the unobligated balances 17
available in the ‘‘Countering Weapons of Mass De-18
struction Office—Research and Development’’ ac-19
count (70 22/24 0860). 20
(19) $11,478 from the unobligated balances 21
available in the ‘‘Countering Weapons of Mass De-22
struction Office—Research and Development’’ ac-23
count (70 X 0860). 24 99 
•HR 4367 EH
SEC. 554. Of the unobligated balances of amounts 1
made available under section 70001 of Public Law 117– 2
169, $312,000,000 are hereby rescinded. 3
S
EC. 555. Of the unobligated balances of amounts 4
made available in the Department of Homeland Security 5
Nonrecurring Expenses Fund (70 X 1914), $3,800,000 6
are hereby rescinded. 7
SPENDING REDUCTION ACCOUNT 8
S
EC. 556. The amount by which the applicable alloca-9
tion of new budget authority made by the Committee on 10
Appropriations of the House of Representatives under sec-11
tion 302(b) of the Congressional Budget Act of 1974 ex-12
ceeds the amount of proposed new budget authority is $0. 13
S
EC. 557. None of the funds made available by this 14
Act may be used to pay Secretary Alejandro Nicholas 15
Mayorkas a salary that exceeds $1. 16
S
EC. 558. None of the funds made available by this 17
Act may be used to pay the salary and expenses of the 18
position of the Secretary of the Department of Homeland 19
Security, occupied by Alejandro Mayorkas. 20
S
EC. 559. None of the funds made available by this 21
Act may be used to implement, administer, or enforce the 22
rule entitled ‘‘Public Charge Ground of Inadmissibility’’ 23
published by the Department of Homeland Security in the 24 100 
•HR 4367 EH
Federal Register on September 9, 2022 (87 Fed. Reg. 1
55472). 2
S
EC. 560. None of the funds made available by this 3
Act may be used to implement a COVID-19 vaccine and 4
mask mandate for travelers passing through the Transpor-5
tation Security Administration checkpoints. 6
S
EC. 561. The salary of Ur M. Jaddou, Director of 7
U.S. Citizenship and Immigration Services, shall be re-8
duced to $1. 9
S
EC. 562. None of the funds made available by this 10
Act may be used to require an employee of the Depart-11
ment of Homeland Security to wear a face mask. 12
S
EC. 563. None of the funds appropriated or other-13
wise made available by this Act may be used for the Unit-14
ing for Ukraine program. 15
S
EC. 564. The salary of Alejandro Nicholas 16
Mayorkas, Secretary of Homeland Security, shall be re-17
duced to $1.00. 18
S
EC. 565. None of the funds made available by this 19
Act may be used by the Secretary of Homeland Security 20
to travel to outside of the United States. 21
S
EC. 566. None of the funds made available by this 22
Act may be used to implement the Climate Literacy Strat-23
egy. 24 101 
•HR 4367 EH
SEC. 567. None of the funds made available by this 1
Act may be used for the Department of Homeland Secu-2
rity’s Environmental Justice Strategy. 3
S
EC. 568. None of the funds made available in this 4
Act may be made available to administer, implement, or 5
enforce the ‘‘Funding the Asylum Program With Em-6
ployer Petition Fees’’ section of the proposed rule entitled 7
‘‘U.S. Citizenship and Immigration Services Fee Schedule 8
and Changes to Certain Other Immigration Benefit Re-9
quest Requirements’’ (88 Fed. Reg. 402). 10
S
EC. 569. The salary of Jonathan Davidson, Chief 11
of Staff of the Department of Homeland Security, shall 12
be reduced to $1. 13
S
EC. 570. None of the funds made available by this 14
Act may be used to carry out Executive Order No. 14019 15
(86 Fed. Reg. 13623; relating to promoting access to vot-16
ing), except for sections 7, 8, and 10 of such Order. 17
S
EC. 571. None of the funds made available by this 18
Act may be used for the Homeland Intelligence Experts 19
Group. 20
S
EC. 572. None of the funds appropriated or other-21
wise made available by this Act may be made available 22
to administer, implement, or enforce a ‘‘Remain-in-Texas’’ 23
policy. 24 102 
•HR 4367 EH
SEC. 573. None of the funds made available by this 1
Act may be used to carry out the Department of Home-2
land Security memorandum titled ‘‘Worksite Enforcement: 3
The Strategy to Protect the American Labor Market, the 4
Conditions of the American Worksite, and the Dignity of 5
the Individual’’. 6
S
EC. 574. None of the funds made available by this 7
Act shall be used to terminate the Department of Home-8
land Security’s Migration Protection Protocols. 9
S
EC. 575. None of the funds made available by this 10
Act may be used to carry out the Department of Home-11
land Security memorandum titled ‘‘Guidelines for En-12
forcement Actions in or Near Protected Areas’’. 13
S
EC. 576. None of the funds appropriated by this Act 14
may be used to implement any of the following executive 15
orders: 16
(1) Executive Order No. 13990, relating to 17
Protecting Public Health and the Environment and 18
Restoring Science To Tackle the Climate Crisis. 19
(2) Executive Order No. 14008, relating to 20
Tackling the Climate Crisis at Home and Abroad. 21
(3) Section 6 of Executive Order No. 14013, re-22
lating to Rebuilding and Enhancing Programs To 23
Resettle Refugees and Planning for the Impact of 24
Climate Change on Migration. 25 103 
•HR 4367 EH
(4) Executive Order No. 14030, relating to Cli-1
mate-Related Financial Risk. 2
(5) Executive Order No. 14057, relating to 3
Catalyzing Clean Energy Industries and Jobs 4
Through Federal Sustainability. 5
(6) Executive Order No. 14082, relating to Im-6
plementation of the Energy and Infrastructure Pro-7
visions of the Inflation Reduction Act of 2022. 8
(7) Executive Order No. 14096, relating to Re-9
vitalizing Our Nation’s Commitment to Environ-10
mental Justice for All. 11
S
EC. 577. None of the funds made available in this 12
Act may be used in contravention of section 642(a) of the 13
Illegal Immigration Reform and Immigrant Responsibility 14
Act of 1996 (8 U.S.C. 1373(a)). 15
S
EC. 578. None of the funds made available by this 16
Act may be used to provide assistance to the Department 17
of Defense to house persons at military installations in 18
the United States, except in the case of a major disaster 19
declaration made pursuant to the Robert T. Stafford Dis-20
aster Relief and Emergency Assistance Act (42 U.S.C. 21
5121 et seq.), or for U.S. Coast Guard personnel. 22 104 
•HR 4367 EH
This division may be cited as the ‘‘Department of 1
Homeland Security Appropriations Act, 2024’’. 2
Passed the House of Representatives September 28, 
2023. 
Attest: 
Clerk.   118
TH
CONGRESS 
1
ST
S
ESSION
 
H. R. 4367 
AN ACT 
Making appropriations for the Department of 
Homeland Security for the fiscal year ending 
September 30, 2024, and for other purposes.