Us Congress 2023-2024 Regular Session

Us Congress Senate Bill SB2625 Compare Versions

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11 II
22 Calendar No. 188
33 118THCONGRESS
44 1
55 STSESSION S. 2625
66 [Report No. 118–85]
77 Making appropriations for the Department of Homeland Security for the
88 fiscal year ending September 30, 2024, and for other purposes.
99 IN THE SENATE OF THE UNITED STATES
1010 JULY27, 2023
1111 Mr. M
1212 URPHY, from the Committee on Appropriations, reported the following
1313 original bill; which was read twice and placed on the calendar
1414 A BILL
1515 Making appropriations for the Department of Homeland Se-
1616 curity for the fiscal year ending September 30, 2024,
1717 and for other purposes.
1818 Be it enacted by the Senate and House of Representa-1
1919 tives of the United States of America in Congress assembled, 2
2020 That the following sums are appropriated, out of any 3
2121 money in the Treasury not otherwise appropriated, for the 4
2222 Department of Homeland Security for the fiscal year end-5
2323 ing September 30, 2024, and for other purposes, namely: 6 2
2424 •S 2625 RS
2525 TITLE I 1
2626 DEPARTMENTAL MANAGEMENT, INTEL-2
2727 LIGENCE, SITUATIONAL AWARENESS, AND 3
2828 OVERSIGHT 4
2929 O
3030 FFICE OF THESECRETARY ANDEXECUTIVE 5
3131 M
3232 ANAGEMENT 6
3333 OPERATIONS AND SUPPORT 7
3434 For necessary expenses of the Office of the Secretary 8
3535 and for executive management for operations and support, 9
3636 $286,563,000: Provided, That not to exceed $30,000 shall 10
3737 be for official reception and representation expenses. 11
3838 FEDERAL ASSISTANCE 12
3939 (INCLUDING TRANSFER OF FUNDS) 13
4040 For necessary expenses of the Office of the Secretary 14
4141 and for executive management for Federal assistance 15
4242 through grants, contracts, cooperative agreements, and 16
4343 other activities, $32,900,000, which shall be transferred 17
4444 to ‘‘Federal Emergency Management Agency—Federal 18
4545 Assistance’’, of which $18,800,000 shall be for targeted 19
4646 violence and terrorism prevention grants and of which 20
4747 $14,100,000, to remain available until September 30, 21
4848 2025, shall be for the Alternatives to Detention Case Man-22
4949 agement pilot program. 23 3
5050 •S 2625 RS
5151 MANAGEMENTDIRECTORATE 1
5252 OPERATIONS AND SUPPORT 2
5353 For necessary expenses of the Management Direc-3
5454 torate for operations and support, including vehicle fleet 4
5555 modernization, $1,700,952,000: Provided, That not to ex-5
5656 ceed $2,000 shall be for official reception and representa-6
5757 tion expenses. 7
5858 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 8
5959 For necessary expenses of the Management Direc-9
6060 torate for procurement, construction, and improvements, 10
6161 $73,365,000, to remain available until September 30, 11
6262 2026: Provided, That of the amounts made available under 12
6363 this heading, $63,365,000 is designated by the Congress 13
6464 as being for an emergency requirement pursuant to sec-14
6565 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer-15
6666 gency Deficit Control Act of 1985. 16
6767 FEDERAL PROTECTIVE SERVICE 17
6868 The revenues and collections of security fees credited 18
6969 to this account shall be available until expended for nec-19
7070 essary expenses related to the protection of federally 20
7171 owned and leased buildings and for the operations of the 21
7272 Federal Protective Service. 22 4
7373 •S 2625 RS
7474 INTELLIGENCE, ANALYSIS, ANDSITUATIONAL 1
7575 A
7676 WARENESS 2
7777 OPERATIONS AND SUPPORT 3
7878 For necessary expenses of the Office of Intelligence 4
7979 and Analysis and the Office of Homeland Security Situa-5
8080 tional Awareness for operations and support, 6
8181 $341,497,000, of which $105,701,000 shall remain avail-7
8282 able until September 30, 2025: Provided, That not to ex-8
8383 ceed $3,825 shall be for official reception and representa-9
8484 tion expenses and not to exceed $2,000,000 is available 10
8585 for facility needs associated with secure space at fusion 11
8686 centers, including improvements to buildings. 12
8787 O
8888 FFICE OF THEINSPECTORGENERAL 13
8989 OPERATIONS AND SUPPORT 14
9090 For necessary expenses of the Office of the Inspector 15
9191 General for operations and support, $237,000,000: Pro-16
9292 vided, That not to exceed $300,000 may be used for cer-17
9393 tain confidential operational expenses, including the pay-18
9494 ment of informants, to be expended at the direction of the 19
9595 Inspector General. 20
9696 A
9797 DMINISTRATIVEPROVISIONS 21
9898 S
9999 EC. 101. (a) The Secretary of Homeland Security 22
100100 shall submit a report not later than October 15, 2024, 23
101101 to the Inspector General of the Department of Homeland 24
102102 Security listing all grants and contracts awarded by any 25 5
103103 •S 2625 RS
104104 means other than full and open competition during fiscal 1
105105 years 2023 or 2024. 2
106106 (b) The Inspector General shall review the report re-3
107107 quired by subsection (a) to assess departmental compli-4
108108 ance with applicable laws and regulations and report the 5
109109 results of that review to the Committees on Appropriations 6
110110 of the Senate and the House of Representatives not later 7
111111 than February 14, 2025. 8
112112 S
113113 EC. 102. Not later than 30 days after the last day 9
114114 of each month, the Chief Financial Officer of the Depart-10
115115 ment of Homeland Security shall submit to the Commit-11
116116 tees on Appropriations of the Senate and the House of 12
117117 Representatives a monthly budget and staffing report that 13
118118 includes total obligations of the Department for that 14
119119 month and for the fiscal year at the appropriation and 15
120120 program, project, and activity levels, by the source year 16
121121 of the appropriation. 17
122122 S
123123 EC. 103. (a) The Secretary of Homeland Security, 18
124124 in consultation with the Secretary of the Treasury, shall 19
125125 notify the Committees on Appropriations of the Senate 20
126126 and the House of Representatives of any proposed trans-21
127127 fers of funds available under section 9705(g)(4)(B) of title 22
128128 31, United States Code, from the Department of the 23
129129 Treasury Forfeiture Fund to any agency within the De-24
130130 partment of Homeland Security. 25 6
131131 •S 2625 RS
132132 (b) None of the funds identified for such a transfer 1
133133 may be obligated until the Committees on Appropriations 2
134134 of the Senate and the House of Representatives are noti-3
135135 fied of the proposed transfer. 4
136136 S
137137 EC. 104. All official costs associated with the use 5
138138 of Government aircraft by Department of Homeland Secu-6
139139 rity personnel to support official travel of the Secretary 7
140140 and the Deputy Secretary shall be paid from amounts 8
141141 made available for the Office of the Secretary. 9
142142 S
143143 EC. 105. (a) The Under Secretary for Management 10
144144 shall brief the Committees on Appropriations of the Sen-11
145145 ate and the House of Representatives not later than 45 12
146146 days after the end of each fiscal quarter on all Level 1 13
147147 and Level 2 acquisition programs on the Master Acquisi-14
148148 tion Oversight list between Acquisition Decision Event and 15
149149 Full Operational Capability, including programs that have 16
150150 been removed from such list during the preceding quarter. 17
151151 (b) For each such program, the briefing described in 18
152152 subsection (a) shall include— 19
153153 (1) a description of the purpose of the program, 20
154154 including the capabilities being acquired and the 21
155155 component(s) sponsoring the acquisition; 22
156156 (2) the total number of units, as appropriate, to 23
157157 be acquired annually until procurement is complete 24
158158 under the current acquisition program baseline; 25 7
159159 •S 2625 RS
160160 (3) the Acquisition Review Board status, in-1
161161 cluding— 2
162162 (A) the current acquisition phase by incre-3
163163 ment, as applicable; 4
164164 (B) the date of the most recent review; and 5
165165 (C) whether the program has been paused 6
166166 or is in breach status; 7
167167 (4) a comparison between the initial Depart-8
168168 ment-approved acquisition program baseline cost, 9
169169 schedule, and performance thresholds and objectives 10
170170 and the program’s current such thresholds and ob-11
171171 jectives, if applicable; 12
172172 (5) the lifecycle cost estimate, adjusted for com-13
173173 parison to the Future Years Homeland Security 14
174174 Program, including— 15
175175 (A) the confidence level for the estimate; 16
176176 (B) the fiscal years included in the esti-17
177177 mate; 18
178178 (C) a breakout of the estimate for the 19
179179 prior five years, the current year, and the budg-20
180180 et year; 21
181181 (D) a breakout of the estimate by appro-22
182182 priation account or other funding source; and 23
183183 (E) a description of and rationale for any 24
184184 changes to the estimate as compared to the pre-25 8
185185 •S 2625 RS
186186 viously approved baseline, as applicable, and 1
187187 during the prior fiscal year; 2
188188 (6) a summary of the findings of any inde-3
189189 pendent verification and validation of the items to be 4
190190 acquired or an explanation for why no such 5
191191 verification and validation has been performed; 6
192192 (7) a table displaying the obligation of all pro-7
193193 gram funds by prior fiscal year, the estimated obli-8
194194 gation of funds for the current fiscal year, and an 9
195195 estimate for the planned carryover of funds into the 10
196196 subsequent fiscal year; 11
197197 (8) a listing of prime contractors and major 12
198198 subcontractors; and 13
199199 (9) narrative descriptions of risks to cost, 14
200200 schedule, or performance that could result in a pro-15
201201 gram breach if not successfully mitigated. 16
202202 (c) The Under Secretary for Management shall sub-17
203203 mit each approved Acquisition Decision Memorandum for 18
204204 programs described in this section to the Committees on 19
205205 Appropriations of the Senate and the House of Represent-20
206206 atives not later than five business days after the date of 21
207207 approval of such memorandum by the Under Secretary for 22
208208 Management or the designee of the Under Secretary. 23
209209 S
210210 EC. 106. (a) None of the funds made available to 24
211211 the Department of Homeland Security in this Act or prior 25 9
212212 •S 2625 RS
213213 appropriations Acts may be obligated for any new pilot 1
214214 or demonstration unless the component or office carrying 2
215215 out such pilot or demonstration has documented the infor-3
216216 mation described in subsection (c). 4
217217 (b) Prior to the obligation of any such funds made 5
218218 available for ‘‘Operations and Support’’ for a new pilot 6
219219 or demonstration, the Under Secretary for Management 7
220220 shall provide a report to the Committees on Appropria-8
221221 tions of the Senate and the House of Representatives on 9
222222 the information described in subsection (c). 10
223223 (c) The information required under subsections (a) 11
224224 and (b) for a pilot or demonstration shall include the fol-12
225225 lowing— 13
226226 (1) documented objectives that are well-defined 14
227227 and measurable; 15
228228 (2) an assessment methodology that details— 16
229229 (A) the type and source of assessment 17
230230 data; 18
231231 (B) the methods for, and frequency of, col-19
232232 lecting such data; and 20
233233 (C) how such data will be analyzed; and 21
234234 (3) an implementation plan, including mile-22
235235 stones, cost estimates, and implementation sched-23
236236 ules, including a projected end date. 24 10
237237 •S 2625 RS
238238 (d) Not later than 90 days after the date of comple-1
239239 tion of a pilot or demonstration described in subsection 2
240240 (e), the Under Secretary for Management shall provide a 3
241241 report to the Committees on Appropriations of the Senate 4
242242 and the House of Representatives detailing lessons 5
243243 learned, actual costs, any planned expansion or continu-6
244244 ation of the pilot or demonstration, and any planned tran-7
245245 sition of such pilot or demonstration into an enduring pro-8
246246 gram or operation. 9
247247 (e) For the purposes of this section, a pilot or dem-10
248248 onstration program is a study, demonstration, experi-11
249249 mental program, or trial that— 12
250250 (1) is a small-scale, short-term experiment con-13
251251 ducted in order to evaluate feasibility, duration, 14
252252 costs, or adverse events, and improve upon the de-15
253253 sign of an effort prior to implementation of a larger 16
254254 scale effort; and 17
255255 (2) uses more than 10 full-time equivalents or 18
256256 obligates, or proposes to obligate, $5,000,000 or 19
257257 more, but does not include congressionally directed 20
258258 programs or enhancements and does not include pro-21
259259 grams that were in operation as of March 15, 2022. 22
260260 (f) For the purposes of this section, a pilot or dem-23
261261 onstration does not include any testing, evaluation, or ini-24
262262 tial deployment phase executed under a procurement con-25 11
263263 •S 2625 RS
264264 tract for the acquisition of information technology services 1
265265 or systems, or any pilot or demonstration carried out by 2
266266 a non-Federal recipient under any financial assistance 3
267267 agreement funded by the Department. 4 12
268268 •S 2625 RS
269269 TITLE II 1
270270 SECURITY, ENFORCEMENT, AND 2
271271 INVESTIGATIONS 3
272272 U.S. C
273273 USTOMS ANDBORDERPROTECTION 4
274274 OPERATIONS AND SUPPORT 5
275275 (INCLUDING TRANSFER OF FUNDS) 6
276276 For necessary expenses of U.S. Customs and Border 7
277277 Protection for operations and support, including the trans-8
278278 portation of unaccompanied alien minors; the provision of 9
279279 air and marine support to Federal, State, local, and inter-10
280280 national agencies in the enforcement or administration of 11
281281 laws enforced by the Department of Homeland Security; 12
282282 at the discretion of the Secretary of Homeland Security, 13
283283 the provision of such support to Federal, State, and local 14
284284 agencies in other law enforcement and emergency humani-15
285285 tarian efforts; the purchase and lease of up to 7,500 16
286286 (6,500 for replacement only) police-type vehicles; the pur-17
287287 chase, maintenance, or operation of marine vessels, air-18
288288 craft, and unmanned aerial systems; and contracting with 19
289289 individuals for personal services abroad; $16,598,076,000; 20
290290 of which $3,274,000 shall be derived from the Harbor 21
291291 Maintenance Trust Fund for administrative expenses re-22
292292 lated to the collection of the Harbor Maintenance Fee pur-23
293293 suant to section 9505(c)(3) of the Internal Revenue Code 24
294294 of 1986 (26 U.S.C. 9505(c)(3)) and notwithstanding sec-25 13
295295 •S 2625 RS
296296 tion 1511(e)(1) of the Homeland Security Act of 2002 (6 1
297297 U.S.C. 551(e)(1)); of which $500,000,000 shall be avail-2
298298 able until September 30, 2025; and of which such sums 3
299299 as become available in the Customs User Fee Account, ex-4
300300 cept sums subject to section 13031(f)(3) of the Consoli-5
301301 dated Omnibus Budget Reconciliation Act of 1985 (19 6
302302 U.S.C. 58c(f)(3)), shall be derived from that account: Pro-7
303303 vided, That not to exceed $34,425 shall be for official re-8
304304 ception and representation expenses: Provided further, 9
305305 That not to exceed $150,000 shall be available for pay-10
306306 ment for rental space in connection with preclearance op-11
307307 erations: Provided further, That not to exceed $2,000,000 12
308308 shall be for awards of compensation to informants, to be 13
309309 accounted for solely under the certificate of the Secretary 14
310310 of Homeland Security: Provided further, That 15
311311 $752,000,000 shall be transferred to ‘‘Federal Emergency 16
312312 Management Agency—Federal Assistance’’ to support 17
313313 sheltering and related activities provided by non-Federal 18
314314 entities, in support of relieving overcrowding in short-term 19
315315 holding facilities of U.S. Customs and Border Protection, 20
316316 of which not to exceed $10,528,000 shall be for the admin-21
317317 istrative costs of the Federal Emergency Management 22
318318 Agency: Provided further, That not to exceed $5,000,000 23
319319 may be transferred to the Bureau of Indian Affairs for 24
320320 the maintenance and repair of roads on Native American 25 14
321321 •S 2625 RS
322322 reservations used by the U.S. Border Patrol: Provided fur-1
323323 ther, That of the amounts made available under this head-2
324324 ing for the Executive Leadership and Oversight program, 3
325325 project, and activity, as outlined in the report accom-4
326326 panying this Act), $5,000,000 shall not be available for 5
327327 obligation until the reports concerning human capital stra-6
328328 tegic plans and the Office of Field Operations workload 7
329329 staffing model that are directed in such report are sub-8
330330 mitted to the Committees on Appropriations of the Senate 9
331331 and the House of Representatives: Provided further, That 10
332332 of the amounts made available under this heading, 11
333333 $798,762,000 is designated by the Congress as being for 12
334334 an emergency requirement pursuant to section 13
335335 251(b)(2)(A)(i) of the Balanced Budget and Emergency 14
336336 Deficit Control Act of 1985. 15
337337 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 16
338338 For necessary expenses of U.S. Customs and Border 17
339339 Protection for procurement, construction, and improve-18
340340 ments, including procurement of marine vessels, aircraft, 19
341341 and unmanned aerial systems, $1,152,529,000, of which 20
342342 $1,082,875,000 shall remain available until September 30, 21
343343 2026, and of which $69,654,000 shall remain available 22
344344 until September 30, 2028: Provided, That the amounts 23
345345 made available under this heading are designated by the 24
346346 Congress as being for an emergency requirement pursuant 25 15
347347 •S 2625 RS
348348 to section 251(b)(2)(A)(i) of the Balanced Budget and 1
349349 Emergency Deficit Control Act of 1985. 2
350350 U.S. I
351351 MMIGRATION AND CUSTOMSENFORCEMENT 3
352352 OPERATIONS AND SUPPORT 4
353353 For necessary expenses of U.S. Immigration and 5
354354 Customs Enforcement for operations and support, includ-6
355355 ing the purchase and lease of up to 3,790 (2,350 for re-7
356356 placement only) police-type vehicles; overseas vetted units; 8
357357 and maintenance, minor construction, and minor leasehold 9
358358 improvements at owned and leased facilities; 10
359359 $8,836,263,000; of which not less than $6,000,000 shall 11
360360 remain available until expended for efforts to enforce laws 12
361361 against forced child labor; of which $46,696,000 shall re-13
362362 main available until September 30, 2025; of which not less 14
363363 than $2,000,000 is for paid apprenticeships for partici-15
364364 pants in the Human Exploitation Rescue Operative Child- 16
365365 Rescue Corps; of which not less than $15,000,000 shall 17
366366 be available for investigation of intellectual property rights 18
367367 violations, including operation of the National Intellectual 19
368368 Property Rights Coordination Center; and of which not 20
369369 less than $4,544,495,000 shall be for enforcement, deten-21
370370 tion, and removal operations, including transportation of 22
371371 unaccompanied alien minors: Provided, That not to exceed 23
372372 $11,475 shall be for official reception and representation 24
373373 expenses: Provided further, That not to exceed 25 16
374374 •S 2625 RS
375375 $10,000,000 shall be available until expended for con-1
376376 ducting special operations under section 3131 of the Cus-2
377377 toms Enforcement Act of 1986 (19 U.S.C. 2081): Pro-3
378378 vided further, That not to exceed $2,000,000 shall be for 4
379379 awards of compensation to informants, to be accounted 5
380380 for solely under the certificate of the Secretary of Home-6
381381 land Security: Provided further, That not to exceed 7
382382 $11,216,000 shall be available to fund or reimburse other 8
383383 Federal agencies for the costs associated with the care, 9
384384 maintenance, and repatriation of smuggled aliens unlaw-10
385385 fully present in the United States: Provided further, That 11
386386 of the amounts made available under this heading, 12
387387 $686,000,000 is designated by the Congress as being for 13
388388 an emergency requirement pursuant to section 14
389389 251(b)(2)(A)(i) of the Balanced Budget and Emergency 15
390390 Deficit Control Act of 1985. 16
391391 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 17
392392 For necessary expenses of U.S. Immigration and 18
393393 Customs Enforcement for procurement, construction, and 19
394394 improvements, $50,100,000, of which $35,000,000 shall 20
395395 remain available until September 30, 2026; and of which 21
396396 $15,100,000 shall remain available until September 30, 22
397397 2028: Provided, That of the amounts made available under 23
398398 this heading, $35,000,000 is designated by the Congress 24
399399 as being for an emergency requirement pursuant to sec-25 17
400400 •S 2625 RS
401401 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer-1
402402 gency Deficit Control Act of 1985. 2
403403 T
404404 RANSPORTATIONSECURITYADMINISTRATION 3
405405 OPERATIONS AND SUPPORT 4
406406 For necessary expenses of the Transportation Secu-5
407407 rity Administration for operations and support, 6
408408 $10,020,729,000, to remain available until September 30, 7
409409 2025: Provided, That not to exceed $7,650 shall be for 8
410410 official reception and representation expenses: Provided 9
411411 further, That security service fees authorized under section 10
412412 44940 of title 49, United States Code, shall be credited 11
413413 to this appropriation as offsetting collections and shall be 12
414414 available only for aviation security: Provided further, That 13
415415 the sum appropriated under this heading from the general 14
416416 fund shall be reduced on a dollar-for-dollar basis as such 15
417417 offsetting collections are received during fiscal year 2024 16
418418 so as to result in a final fiscal year appropriation from 17
419419 the general fund estimated at not more than 18
420420 $7,400,729,000. 19
421421 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 20
422422 For necessary expenses of the Transportation Secu-21
423423 rity Administration for procurement, construction, and 22
424424 improvements, $13,939,000, to remain available until Sep-23
425425 tember 30, 2026. 24 18
426426 •S 2625 RS
427427 COASTGUARD 1
428428 OPERATIONS AND SUPPORT 2
429429 For necessary expenses of the Coast Guard for oper-3
430430 ations and support including the Coast Guard Reserve; 4
431431 purchase or lease of not to exceed 25 passenger motor ve-5
432432 hicles, which shall be for replacement only; purchase or 6
433433 lease of small boats for contingent and emergent require-7
434434 ments (at a unit cost of not more than $700,000) and 8
435435 repairs and service-life replacements, not to exceed a total 9
436436 of $31,000,000; purchase, lease, or improvements of boats 10
437437 necessary for overseas deployments and activities; pay-11
438438 ments pursuant to section 156 of Public Law 97–377 (42 12
439439 U.S.C. 402 note; 96 Stat. 1920); and recreation and wel-13
440440 fare; $10,063,203,000, of which $530,000,000 shall be for 14
441441 defense-related activities; of which $24,500,000 shall be 15
442442 derived from the Oil Spill Liability Trust Fund to carry 16
443443 out the purposes of section 1012(a)(5) of the Oil Pollution 17
444444 Act of 1990 (33 U.S.C. 2712(a)(5)); of which 18
445445 $20,000,000 shall remain available until September 30, 19
446446 2026; of which $24,717,000 shall remain available until 20
447447 September 30, 2028, for environmental compliance and 21
448448 restoration; and of which $70,000,000 shall remain avail-22
449449 able until September 30, 2025, which shall only be avail-23
450450 able for vessel depot level maintenance: Provided, That not 24 19
451451 •S 2625 RS
452452 to exceed $23,000 shall be for official reception and rep-1
453453 resentation expenses. 2
454454 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 3
455455 For necessary expenses of the Coast Guard for pro-4
456456 curement, construction, and improvements, including aids 5
457457 to navigation, shore facilities (including facilities at De-6
458458 partment of Defense installations used by the Coast 7
459459 Guard), and vessels and aircraft, including equipment re-8
460460 lated thereto, $1,143,322,000, to remain available until 9
461461 September 30, 2028; of which $20,000,000 shall be de-10
462462 rived from the Oil Spill Liability Trust Fund to carry out 11
463463 the purposes of section 1012(a)(5) of the Oil Pollution Act 12
464464 of 1990 (33 U.S.C. 2712(a)(5)): Provided, That of the 13
465465 amounts made available under this heading, 14
466466 $1,118,322,000 is designated by the Congress as being for 15
467467 an emergency requirement pursuant to section 16
468468 251(b)(2)(A)(i) of the Balanced Budget and Emergency 17
469469 Deficit Control Act of 1985. 18
470470 RETIRED PAY 19
471471 For retired pay, including the payment of obligations 20
472472 otherwise chargeable to lapsed appropriations for this pur-21
473473 pose, payments under the Retired Serviceman’s Family 22
474474 Protection and Survivor Benefits Plans, payment for ca-23
475475 reer status bonuses, payment of continuation pay under 24
476476 section 356 of title 37, United States Code, concurrent 25 20
477477 •S 2625 RS
478478 receipts, combat-related special compensation, and pay-1
479479 ments for medical care of retired personnel and their de-2
480480 pendents under chapter 55 of title 10, United States Code, 3
481481 $1,147,244,000, to remain available until expended. 4
482482 U
483483 NITEDSTATESSECRETSERVICE 5
484484 OPERATIONS AND SUPPORT 6
485485 For necessary expenses of the United States Secret 7
486486 Service for operations and support, including purchase of 8
487487 not to exceed 652 vehicles for police-type use; hire of pas-9
488488 senger motor vehicles; purchase of motorcycles made in 10
489489 the United States; hire of aircraft; rental of buildings in 11
490490 the District of Columbia; fencing, lighting, guard booths, 12
491491 and other facilities on private or other property not in 13
492492 Government ownership or control, as may be necessary to 14
493493 perform protective functions; conduct of and participation 15
494494 in firearms matches; presentation of awards; conduct of 16
495495 behavioral research in support of protective intelligence 17
496496 and operations; payment in advance for commercial ac-18
497497 commodations as may be necessary to perform protective 19
498498 functions; and payment, without regard to section 5702 20
499499 of title 5, United States Code, of subsistence expenses of 21
500500 employees who are on protective missions, whether at or 22
501501 away from their duty stations; $2,903,030,000; of which 23
502502 $114,599,000 shall remain available until September 30, 24
503503 2025, and of which $6,000,000 shall be for a grant for 25 21
504504 •S 2625 RS
505505 activities related to investigations of missing and exploited 1
506506 children; and of which up to $20,500,000 may be for cal-2
507507 endar year 2023 premium pay in excess of the annual 3
508508 equivalent of the limitation on the rate of pay contained 4
509509 in section 5547(a) of title 5, United States Code, pursuant 5
510510 to section 2 of the Overtime Pay for Protective Services 6
511511 Act of 2016 (5 U.S.C. 5547 note), as last amended by 7
512512 Public Law 116–269: Provided, That not to exceed 8
513513 $19,125 shall be for official reception and representation 9
514514 expenses: Provided further, That not to exceed $100,000 10
515515 shall be to provide technical assistance and equipment to 11
516516 foreign law enforcement organizations in criminal inves-12
517517 tigations within the jurisdiction of the United States Se-13
518518 cret Service: Provided further, That of the amounts made 14
519519 available under this heading, $197,785,000 is designated 15
520520 by the Congress as being for an emergency requirement 16
521521 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg-17
522522 et and Emergency Deficit Control Act of 1985. 18
523523 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 19
524524 For necessary expenses of the United States Secret 20
525525 Service for procurement, construction, and improvements, 21
526526 $69,098,000, to remain available until September 30, 22
527527 2026: Provided, That of the amounts made available under 23
528528 this heading, $18,000,000 is designated by the Congress 24
529529 as being for an emergency requirement pursuant to sec-25 22
530530 •S 2625 RS
531531 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer-1
532532 gency Deficit Control Act of 1985. 2
533533 RESEARCH AND DEVELOPMENT 3
534534 For necessary expenses of the United States Secret 4
535535 Service for research and development, $4,217,000, to re-5
536536 main available until September 30, 2025: Provided, That 6
537537 the amounts made available under this heading are des-7
538538 ignated by the Congress as being for an emergency re-8
539539 quirement pursuant to section 251(b)(2)(A)(i) of the Bal-9
540540 anced Budget and Emergency Deficit Control Act of 1985. 10
541541 A
542542 DMINISTRATIVEPROVISIONS 11
543543 S
544544 EC. 201. Section 201 of the Department of Home-12
545545 land Security Appropriations Act, 2018 (division F of 13
546546 Public Law 115–141), related to overtime compensation 14
547547 limitations, shall apply with respect to funds made avail-15
548548 able in this Act in the same manner as such section ap-16
549549 plied to funds made available in that Act, except that ‘‘fis-17
550550 cal year 2024’’ shall be substituted for ‘‘fiscal year 2018’’. 18
551551 S
552552 EC. 202. Funding made available under the head-19
553553 ings ‘‘U.S. Customs and Border Protection—Operations 20
554554 and Support’’ and ‘‘U.S. Customs and Border Protec-21
555555 tion—Procurement, Construction, and Improvements’’ 22
556556 shall be available for customs expenses when necessary to 23
557557 maintain operations and prevent adverse personnel actions 24
558558 in Puerto Rico and the U.S. Virgin Islands, in addition 25 23
559559 •S 2625 RS
560560 to funding provided by sections 740 and 1406i of title 48, 1
561561 United States Code. 2
562562 S
563563 EC. 203. As authorized by section 601(b) of the 3
564564 United States-Colombia Trade Promotion Agreement Im-4
565565 plementation Act (Public Law 112–42), fees collected 5
566566 from passengers arriving from Canada, Mexico, or an ad-6
567567 jacent island pursuant to section 13031(a)(5) of the Con-7
568568 solidated Omnibus Budget Reconciliation Act of 1985 (19 8
569569 U.S.C. 58c(a)(5)) shall be available until expended. 9
570570 S
571571 EC. 204. (a) For an additional amount for ‘‘U.S. 10
572572 Customs and Border Protection—Operations and Sup-11
573573 port’’, $31,000,000, to remain available until expended, 12
574574 to be reduced by amounts collected and credited to this 13
575575 appropriation in fiscal year 2024 from amounts authorized 14
576576 to be collected by section 286(i) of the Immigration and 15
577577 Nationality Act (8 U.S.C. 1356(i)), section 10412 of the 16
578578 Farm Security and Rural Investment Act of 2002 (7 17
579579 U.S.C. 8311), and section 817 of the Trade Facilitation 18
580580 and Trade Enforcement Act of 2015 (Public Law 114– 19
581581 125), or other such authorizing language. 20
582582 (b) To the extent that amounts realized from such 21
583583 collections exceed $31,000,000, those amounts in excess 22
584584 of $31,000,000 shall be credited to this appropriation, to 23
585585 remain available until expended. 24 24
586586 •S 2625 RS
587587 SEC. 205. None of the funds made available in this 1
588588 Act for U.S. Customs and Border Protection may be used 2
589589 to prevent an individual not in the business of importing 3
590590 a prescription drug (within the meaning of section 801(g) 4
591591 of the Federal Food, Drug, and Cosmetic Act) from im-5
592592 porting a prescription drug from Canada that complies 6
593593 with the Federal Food, Drug, and Cosmetic Act: Provided, 7
594594 That this section shall apply only to individuals trans-8
595595 porting on their person a personal-use quantity of the pre-9
596596 scription drug, not to exceed a 90-day supply: Provided 10
597597 further, That the prescription drug may not be— 11
598598 (1) a controlled substance, as defined in section 12
599599 102 of the Controlled Substances Act (21 U.S.C. 13
600600 802); or 14
601601 (2) a biological product, as defined in section 15
602602 351 of the Public Health Service Act (42 U.S.C. 16
603603 262). 17
604604 S
605605 EC. 206. (a) Notwithstanding any other provision 18
606606 of law, none of the funds provided in this or any other 19
607607 Act shall be used to approve a waiver of the navigation 20
608608 and vessel-inspection laws pursuant to section 501(b) of 21
609609 title 46, United States Code, for the transportation of 22
610610 crude oil distributed from and to the Strategic Petroleum 23
611611 Reserve until the Secretary of Homeland Security, after 24
612612 consultation with the Secretaries of the Departments of 25 25
613613 •S 2625 RS
614614 Energy and Transportation and representatives from the 1
615615 United States flag maritime industry, takes adequate 2
616616 measures to ensure the use of United States flag vessels. 3
617617 (b) The Secretary shall notify the Committees on Ap-4
618618 propriations of the Senate and the House of Representa-5
619619 tives, the Committee on Commerce, Science, and Trans-6
620620 portation of the Senate, and the Committee on Transpor-7
621621 tation and Infrastructure of the House of Representatives 8
622622 within 2 business days of any request for waivers of navi-9
623623 gation and vessel-inspection laws pursuant to section 10
624624 501(b) of title 46, United States Code, with respect to 11
625625 such transportation, and the disposition of such requests. 12
626626 S
627627 EC. 207. (a) Beginning on the date of enactment 13
628628 of this Act, the Secretary of Homeland Security shall 14
629629 not— 15
630630 (1) establish, collect, or otherwise impose any 16
631631 new border crossing fee on individuals crossing the 17
632632 Southern border or the Northern border at a land 18
633633 port of entry; or 19
634634 (2) conduct any study relating to the imposition 20
635635 of a border crossing fee. 21
636636 (b) In this section, the term ‘‘border crossing fee’’ 22
637637 means a fee that every pedestrian, cyclist, and driver and 23
638638 passenger of a private motor vehicle is required to pay 24 26
639639 •S 2625 RS
640640 for the privilege of crossing the Southern border or the 1
641641 Northern border at a land port of entry. 2
642642 S
643643 EC. 208. (a) Not later than 90 days after the date 3
644644 of enactment of this Act, the Commissioner of U.S. Cus-4
645645 toms and Border Protection shall submit an expenditure 5
646646 plan for any amounts made available for ‘‘U.S. Customs 6
647647 and Border Protection—Procurement, Construction, and 7
648648 Improvements’’ in this Act and prior Acts to the Commit-8
649649 tees on Appropriations of the Senate and the House of 9
650650 Representatives. 10
651651 (b) No such amounts provided in this Act may be 11
652652 obligated prior to the submission of such plan. 12
653653 S
654654 EC. 209. Section 211 of the Department of Home-13
655655 land Security Appropriations Act, 2021 (division F of 14
656656 Public Law 116–260), prohibiting the use of funds for the 15
657657 construction of fencing in certain areas, shall apply with 16
658658 respect to funds made available in this Act in the same 17
659659 manner as such section applied to funds made available 18
660660 in that Act. 19
661661 S
662662 EC. 210. (a) Funds made available in this Act may 20
663663 be used to alter operations within the National Targeting 21
664664 Center of U.S. Customs and Border Protection. 22
665665 (b) None of the funds provided by this Act, provided 23
666666 by previous appropriations Acts that remain available for 24
667667 obligation or expenditure in fiscal year 2024, or provided 25 27
668668 •S 2625 RS
669669 from any accounts in the Treasury of the United States 1
670670 derived by the collection of fees available to the compo-2
671671 nents funded by this Act, may be used to reduce antici-3
672672 pated or planned vetting operations at existing locations 4
673673 unless specifically authorized by a statute enacted after 5
674674 the date of enactment of this Act. 6
675675 S
676676 EC. 211. Of the total amount made available under 7
677677 ‘‘U.S. Customs and Border Protection—Procurement, 8
678678 Construction, and Improvements’’, $1,152,529,000 shall 9
679679 be available only as follows: 10
680680 (1) $263,300,000 for the acquisition and de-11
681681 ployment of border security technologies; 12
682682 (2) $644,296,000 for trade and travel assets 13
683683 and infrastructure; 14
684684 (3) $69,654,000 for facility construction and 15
685685 improvements including $66,000,000 for a Border 16
686686 Patrol station in Houlton, Maine; 17
687687 (4) $134,100,000 for integrated operations as-18
688688 sets and infrastructure; and 19
689689 (5) $41,179,000 for mission support and infra-20
690690 structure. 21
691691 S
692692 EC. 212. None of the funds provided under the 22
693693 heading ‘‘U.S. Immigration and Customs Enforcement— 23
694694 Operations and Support’’ may be used to continue a dele-24
695695 gation of law enforcement authority authorized under sec-25 28
696696 •S 2625 RS
697697 tion 287(g) of the Immigration and Nationality Act (8 1
698698 U.S.C. 1357(g)) if the Department of Homeland Security 2
699699 Inspector General determines that the terms of the agree-3
700700 ment governing the delegation of authority have been ma-4
701701 terially violated. 5
702702 S
703703 EC. 213. (a) None of the funds provided under the 6
704704 heading ‘‘U.S. Immigration and Customs Enforcement— 7
705705 Operations and Support’’ may be used to continue any 8
706706 contract for the provision of detention services if the two 9
707707 most recent overall performance evaluations received by 10
708708 the contracted facility are less than ‘‘adequate’’ or the 11
709709 equivalent median score in any subsequent performance 12
710710 evaluation system. 13
711711 (b) The performance evaluations referenced in sub-14
712712 section (a) shall be conducted by the U.S. Immigration 15
713713 and Customs Enforcement Office of Professional Respon-16
714714 sibility. 17
715715 S
716716 EC. 214. The reports required to be submitted under 18
717717 section 216 of the Department of Homeland Security Ap-19
718718 propriations Act, 2021 (division F of Public Law 116– 20
719719 260) shall continue to be submitted semimonthly and each 21
720720 matter required to be included in such reports by such 22
721721 section 216 shall apply in the same manner and to the 23
722722 same extent during the period described in such section 24
723723 216. 25 29
724724 •S 2625 RS
725725 SEC. 215. The terms and conditions of sections 216 1
726726 and 217 of the Department of Homeland Security Appro-2
727727 priations Act, 2020 (division D of Public Law 116–93) 3
728728 shall apply to this Act. 4
729729 S
730730 EC. 216. (a) None of the funds provided under the 5
731731 heading ‘‘U.S. Immigration and Customs Enforcement— 6
732732 Operations and Support’’ may be available for perform-7
733733 ance awards for members of the Senior Executive Service 8
734734 that occupy the positions as described in subsection (b) 9
735735 prior to the submission of the plan described in subsection 10
736736 (c). 11
737737 (b) Deputy Director and Senior Official Performing 12
738738 the Duties of the Director; Deputy Senior Official Per-13
739739 forming the Duties of the Deputy Director; Executive As-14
740740 sociate Director, Enforcement and Removal Operations; 15
741741 Executive Associate Director, Homeland Security Inves-16
742742 tigations; Executive Associate Director Management and 17
743743 Administration; Associate Director, Office of Professional 18
744744 Responsibility; Principal Legal Advisor; Chief Financial 19
745745 Officer; Assistant Director, Office of Congressional Af-20
746746 fairs; and Chief of Staff. 21
747747 (c) Not later than 90 days after the date of enact-22
748748 ment of this Act, ICE shall submit a plan to realign the 23
749749 position of the Chief Financial Officer by the end of Fiscal 24
750750 Year 2024 so the position reports to the Director or Dep-25 30
751751 •S 2625 RS
752752 uty Director and the position is elevated to the equivalent 1
753753 of an Executive Associate Director. 2
754754 S
755755 EC. 217. (a) Not later than 30 days after the date 3
756756 of enactment of this Act, and monthly thereafter, the Di-4
757757 rector of U.S. Immigration and Customs Enforcement 5
758758 shall provide the Committees on Appropriations of the 6
759759 Senate and the House of Representatives a report de-7
760760 scribed in the section ‘‘Monthly Reporting Require-8
761761 ments.—’’ under the heading ‘‘U.S. Immigration and Cus-9
762762 toms Enforcement—Operations and Support’’ in the re-10
763763 port accompanying this Act. 11
764764 (b) Such report shall be submitted by the tenth day 12
765765 of each month. 13
766766 (c) In the event that such report required under sub-14
767767 sections (a) and (b) is not provided, the amount made 15
768768 available for ‘‘Executive Leadership and Oversight’’ shall 16
769769 be reduced by $100,000 per day for each day of non-17
770770 compliance with subsections (a) and (b), and the amount 18
771771 made available under such heading and specified for such 19
772772 office in the detailed funding table in the report accom-20
773773 panying this act shall be correspondingly reduced by an 21
774774 equivalent amount. 22
775775 S
776776 EC. 218. Members of the United States House of 23
777777 Representatives and the United States Senate, including 24
778778 the leadership; the heads of Federal agencies and commis-25 31
779779 •S 2625 RS
780780 sions, including the Secretary, Deputy Secretary, Under 1
781781 Secretaries, and Assistant Secretaries of the Department 2
782782 of Homeland Security; the United States Attorney Gen-3
783783 eral, Deputy Attorney General, Assistant Attorneys Gen-4
784784 eral, and the United States Attorneys; and senior mem-5
785785 bers of the Executive Office of the President, including 6
786786 the Director of the Office of Management and Budget, 7
787787 shall not be exempt from Federal passenger and baggage 8
788788 screening. 9
789789 S
790790 EC. 219. Notwithstanding section 44923 of title 49, 10
791791 United States Code, for fiscal year 2024, any funds in 11
792792 the Aviation Security Capital Fund established by section 12
793793 44923(h) of title 49, United States Code, may be used 13
794794 for the procurement and installation of explosives detec-14
795795 tion systems or for the issuance of other transaction agree-15
796796 ments for the purpose of funding projects described in sec-16
797797 tion 44923(a) of such title. 17
798798 S
799799 EC. 220. Not later than 45 days after the submis-18
800800 sion of the President’s budget proposal, the Administrator 19
801801 of the Transportation Security Administration shall sub-20
802802 mit to the Committees on Appropriations and Commerce, 21
803803 Science, and Transportation of the Senate and the Com-22
804804 mittees on Appropriations and Homeland Security in the 23
805805 House of Representatives a single report that fulfills the 24
806806 following requirements: 25 32
807807 •S 2625 RS
808808 (1) a Capital Investment Plan, both constrained 1
809809 and unconstrained, that includes a plan for contin-2
810810 uous and sustained capital investment in new, and 3
811811 the replacement of aged, transportation security 4
812812 equipment; 5
813813 (2) the 5-year technology investment plan as re-6
814814 quired by section 1611 of title XVI of the Homeland 7
815815 Security Act of 2002, as amended by section 3 of 8
816816 the Transportation Security Acquisition Reform Act 9
817817 (Public Law 113–245); and 10
818818 (3) the Advanced Integrated Passenger Screen-11
819819 ing Technologies report as required by the Senate 12
820820 Report accompanying the Department of Homeland 13
821821 Security Appropriations Act, 2019 (Senate Report 14
822822 115–283). 15
823823 S
824824 EC. 221. (a) None of the funds made available by 16
825825 this Act under the heading ‘‘Coast Guard—Operations 17
826826 and Support’’ shall be for expenses incurred for rec-18
827827 reational vessels under section 12114 of title 46, United 19
828828 States Code, except to the extent fees are collected from 20
829829 owners of yachts and credited to the appropriation made 21
830830 available by this Act under the heading ‘‘Coast Guard— 22
831831 Operations and Support’’. 23
832832 (b) To the extent such fees are insufficient to pay 24
833833 expenses of recreational vessel documentation under such 25 33
834834 •S 2625 RS
835835 section 12114, and there is a backlog of recreational vessel 1
836836 applications, personnel performing non-recreational vessel 2
837837 documentation functions under subchapter II of chapter 3
838838 121 of title 46, United States Code, may perform docu-4
839839 mentation under section 12114. 5
840840 S
841841 EC. 222. Without regard to the limitation as to time 6
842842 and condition of section 503(d) of this Act, after June 7
843843 30, in accordance with the notification requirement de-8
844844 scribed in subsection (b) of such section, up to the fol-9
845845 lowing amounts may be reprogrammed within ‘‘Coast 10
846846 Guard—Operations and Support’’— 11
847847 (1) $10,000,000 to or from the ‘‘Military Per-12
848848 sonnel’’ funding category; and 13
849849 (2) $10,000,000 between the ‘‘Field Oper-14
850850 ations’’ funding subcategories. 15
851851 S
852852 EC. 223. Notwithstanding any other provision of 16
853853 law, the Commandant of the Coast Guard shall submit 17
854854 to the Committees on Appropriations of the Senate and 18
855855 the House of Representatives a future-years capital invest-19
856856 ment plan as described in the second proviso under the 20
857857 heading ‘‘Coast Guard—Acquisition, Construction, and 21
858858 Improvements’’ in the Department of Homeland Security 22
859859 Appropriations Act, 2015 (Public Law 114–4), which shall 23
860860 be subject to the requirements in the third and fourth pro-24
861861 visos under such heading. 25 34
862862 •S 2625 RS
863863 SEC. 224. None of the funds in this Act shall be used 1
864864 to reduce the Coast Guard’s legacy Operations Systems 2
865865 Center mission or its government-employed or contract 3
866866 staff levels. 4
867867 S
868868 EC. 225. None of the funds appropriated by this Act 5
869869 may be used to conduct, or to implement the results of, 6
870870 a competition under Office of Management and Budget 7
871871 Circular A–76 for activities performed with respect to the 8
872872 Coast Guard National Vessel Documentation Center. 9
873873 S
874874 EC. 226. Funds made available in this Act may be 10
875875 used to alter operations within the Civil Engineering Pro-11
876876 gram of the Coast Guard nationwide, including civil engi-12
877877 neering units, facilities design and construction centers, 13
878878 maintenance and logistics commands, and the Coast 14
879879 Guard Academy, except that none of the funds provided 15
880880 in this Act may be used to reduce operations within any 16
881881 civil engineering unit unless specifically authorized by a 17
882882 statute enacted after the date of enactment of this Act. 18
883883 S
884884 EC. 227. Amounts deposited into the Coast Guard 19
885885 Housing Fund in fiscal year 2024 shall be available until 20
886886 expended to carry out the purposes of section 2946 of title 21
887887 14, United States Code, and shall be in addition to funds 22
888888 otherwise available for such purposes. 23
889889 S
890890 EC. 228. (a) Notwithstanding section 2110 of title 24
891891 46, United States Code, none of the funds made available 25 35
892892 •S 2625 RS
893893 in this Act shall be used to charge a fee for an inspection 1
894894 of a towing vessel, as defined in 46 CFR 136.110, that 2
895895 utilizes the Towing Safety Management System option for 3
896896 a Certificate of Inspection issued under subchapter M of 4
897897 title 46, Code of Federal Regulations. 5
898898 (b) Subsection (a) shall not apply after the date the 6
899899 Commandant of the Coast Guard makes a determination 7
900900 under section 815(a) of the Frank LoBiondo Coast Guard 8
901901 Authorization Act of 2018 (Public Law 115–282) and, as 9
902902 necessary based on such determination, carries out the re-10
903903 quirements of section 815(b) of such Act. 11
904904 S
905905 EC. 229. The United States Secret Service is au-12
906906 thorized to obligate funds in anticipation of reimburse-13
907907 ments from executive agencies, as defined in section 105 14
908908 of title 5, United States Code, for personnel receiving 15
909909 training sponsored by the James J. Rowley Training Cen-16
910910 ter, except that total obligations at the end of the fiscal 17
911911 year shall not exceed total budgetary resources available 18
912912 under the heading ‘‘United States Secret Service—Oper-19
913913 ations and Support’’ at the end of the fiscal year. 20
914914 S
915915 EC. 230. (a) None of the funds made available to 21
916916 the United States Secret Service by this Act or by previous 22
917917 appropriations Acts may be made available for the protec-23
918918 tion of the head of a Federal agency other than the Sec-24
919919 retary of Homeland Security. 25 36
920920 •S 2625 RS
921921 (b) The Director of the United States Secret Service 1
922922 may enter into agreements to provide such protection on 2
923923 a fully reimbursable basis. 3
924924 S
925925 EC. 231. For purposes of section 503(a)(3) of this 4
926926 Act, up to $15,000,000 may be reprogrammed within 5
927927 ‘‘United States Secret Service—Operations and Support’’. 6
928928 S
929929 EC. 232. Funding made available in this Act for 7
930930 ‘‘United States Secret Service—Operations and Support’’ 8
931931 is available for travel of United States Secret Service em-9
932932 ployees on protective missions without regard to the limi-10
933933 tations on such expenditures in this or any other Act if 11
934934 the Director of the United States Secret Service or a des-12
935935 ignee notifies the Committees on Appropriations of the 13
936936 Senate and the House of Representatives 10 or more days 14
937937 in advance, or as early as practicable, prior to such ex-15
938938 penditures. 16 37
939939 •S 2625 RS
940940 TITLE III 1
941941 PROTECTION, PREPAREDNESS, RESPONSE, AND 2
942942 RECOVERY 3
943943 C
944944 YBERSECURITY AND INFRASTRUCTURE SECURITY 4
945945 A
946946 GENCY 5
947947 OPERATIONS AND SUPPORT 6
948948 For necessary expenses of the Cybersecurity and In-7
949949 frastructure Security Agency for operations and support, 8
950950 $2,401,752,000, of which $24,424,000 shall remain avail-9
951951 able until September 30, 2025: Provided, That not to ex-10
952952 ceed $5,500 shall be for official reception and representa-11
953953 tion expenses. 12
954954 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 13
955955 For necessary expenses of the Cybersecurity and In-14
956956 frastructure Security Agency for procurement, construc-15
957957 tion, and improvements, $605,334,000, to remain avail-16
958958 able until September 30, 2026. 17
959959 F
960960 EDERALEMERGENCYMANAGEMENTAGENCY 18
961961 OPERATIONS AND SUPPORT 19
962962 For necessary expenses of the Federal Emergency 20
963963 Management Agency for operations and support, 21
964964 $1,434,306,000: Provided, That not to exceed $2,250 shall 22
965965 be for official reception and representation expenses. 23 38
966966 •S 2625 RS
967967 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 1
968968 For necessary expenses of the Federal Emergency 2
969969 Management Agency for procurement, construction, and 3
970970 improvements, $100,420,000, of which $44,920,000 shall 4
971971 remain available until September 30, 2026, and of which 5
972972 $55,500,000 shall remain available until September 30, 6
973973 2028: Provided, That of the amounts made available under 7
974974 this heading for activities under the ‘‘revised nonsecurity 8
975975 category’’, as defined in section 250(c)(4)(E) of the Bal-9
976976 anced Budget and Emergency Deficit Control Act of 1985 10
977977 (Public Law 99–177), as amended, $33,020,000 is des-11
978978 ignated by the Congress as being for an emergency re-12
979979 quirement pursuant to section 251(b)(2)(A)(i) of the Bal-13
980980 anced Budget and Emergency Deficit Control Act of 1985. 14
981981 FEDERAL ASSISTANCE 15
982982 (INCLUDING TRANSFER OF FUNDS) 16
983983 For activities of the Federal Emergency Management 17
984984 Agency for Federal assistance through grants, contracts, 18
985985 cooperative agreements, and other activities, 19
986986 $3,467,115,000, which shall be allocated as follows: 20
987987 (1) $488,800,000 for the State Homeland Secu-21
988988 rity Grant Program under section 2004 of the 22
989989 Homeland Security Act of 2002 (6 U.S.C. 605), of 23
990990 which $84,600,000 shall be for Operation 24
991991 Stonegarden and $14,100,000 shall be for Tribal 25 39
992992 •S 2625 RS
993993 Homeland Security Grants under section 2005 of 1
994994 the Homeland Security Act of 2002 (6 U.S.C. 606): 2
995995 Provided, That notwithstanding subsection (c)(4) of 3
996996 such section 2004, for fiscal year 2024, the Com-4
997997 monwealth of Puerto Rico shall make available to 5
998998 local and tribal governments amounts provided to 6
999999 the Commonwealth of Puerto Rico under this para-7
10001000 graph in accordance with subsection (c)(1) of such 8
10011001 section 2004. 9
10021002 (2) $578,100,000 for the Urban Area Security 10
10031003 Initiative under section 2003 of the Homeland Secu-11
10041004 rity Act of 2002 (6 U.S.C. 604). 12
10051005 (3) $286,700,000 for the Nonprofit Security 13
10061006 Grant Program under sections 2003 and 2004 of the 14
10071007 Homeland Security Act of 2002 (6 U.S.C. 604 and 15
10081008 605), of which $143,350,000 is for eligible recipients 16
10091009 located in high-risk urban areas that receive funding 17
10101010 under section 2003 of such Act and $143,350,000 is 18
10111011 for eligible recipients that are located outside such 19
10121012 areas: Provided, That eligible recipients are those 20
10131013 described in section 2009(b) of such Act (6 U.S.C. 21
10141014 609a(b)) or are an otherwise eligible recipient at risk 22
10151015 of a terrorist or other extremist attack. 23
10161016 (4) $98,700,000 for Public Transportation Se-24
10171017 curity Assistance, Railroad Security Assistance, and 25 40
10181018 •S 2625 RS
10191019 Over-the-Road Bus Security Assistance under sec-1
10201020 tions 1406, 1513, and 1532 of the Implementing 2
10211021 Recommendations of the 9/11 Commission Act of 3
10221022 2007 (6 U.S.C. 1135, 1163, and 1182), of which 4
10231023 $9,400,000 shall be for Amtrak Security and 5
10241024 $1,880,000 shall be for Over-the-Road Bus Security: 6
10251025 Provided, That such public transportation security 7
10261026 assistance shall be provided directly to public trans-8
10271027 portation agencies. 9
10281028 (5) $94,000,000 for Port Security Grants in ac-10
10291029 cordance with section 70107 of title 46, United 11
10301030 States Code. 12
10311031 (6) $676,800,000, to remain available until 13
10321032 September 30, 2025, of which $338,400,000 shall be 14
10331033 for Assistance to Firefighter Grants and 15
10341034 $338,400,000 shall be for Staffing for Adequate 16
10351035 Fire and Emergency Response Grants under sec-17
10361036 tions 33 and 34 respectively of the Federal Fire Pre-18
10371037 vention and Control Act of 1974 (15 U.S.C. 2229 19
10381038 and 2229a). 20
10391039 (7) $333,700,000 for emergency management 21
10401040 performance grants under the National Flood Insur-22
10411041 ance Act of 1968 (42 U.S.C. 4001 et seq.), the Rob-23
10421042 ert T. Stafford Disaster Relief and Emergency As-24
10431043 sistance Act (42 U.S.C. 5121), the Earthquake Haz-25 41
10441044 •S 2625 RS
10451045 ards Reduction Act of 1977 (42 U.S.C. 7701), sec-1
10461046 tion 762 of title 6, United States Code, and Reorga-2
10471047 nization Plan No. 3 of 1978 (5 U.S.C. App.). 3
10481048 (8) $293,985,000 for necessary expenses for 4
10491049 Flood Hazard Mapping and Risk Analysis, in addi-5
10501050 tion to and to supplement any other sums appro-6
10511051 priated under the National Flood Insurance Fund, 7
10521052 and such additional sums as may be provided by 8
10531053 States or other political subdivisions for cost-shared 9
10541054 mapping activities under section 1360(f)(2) of the 10
10551055 National Flood Insurance Act of 1968 (42 U.S.C. 11
10561056 4101(f)(2)), to remain available until expended. 12
10571057 (9) $11,280,000 for Regional Catastrophic Pre-13
10581058 paredness Grants. 14
10591059 (10) $122,200,000 for the emergency food and 15
10601060 shelter program under title III of the McKinney- 16
10611061 Vento Homeless Assistance Act (42 U.S.C. 11331), 17
10621062 to remain available until September 30, 2025: Pro-18
10631063 vided, That not to exceed 3.5 percent shall be for 19
10641064 total administrative costs. 20
10651065 (11) $52,640,000 for the Next Generation 21
10661066 Warning System. 22
10671067 (12) $120,000,000 for Congressionally Directed 23
10681068 Spending grants, which shall be for the purposes, 24
10691069 and the amounts, specified in the table entitled 25 42
10701070 •S 2625 RS
10711071 ‘‘Congressionally Directed Spending Items’’ in the 1
10721072 report accompanying this Act, of which— 2
10731073 (A) $42,836,000, in addition to amounts 3
10741074 otherwise made available for such purpose, is 4
10751075 for emergency operations center grants under 5
10761076 section 614 of the Robert T. Stafford Disaster 6
10771077 Relief and Emergency Assistance Act (42 7
10781078 U.S.C. 5196c); and 8
10791079 (B) $77,164,000, in addition to amounts 9
10801080 otherwise made available for such purpose, is 10
10811081 for pre-disaster mitigation grants under section 11
10821082 203 of the Robert T. Stafford Disaster Relief 12
10831083 and Emergency Assistance Act (42 U.S.C. 13
10841084 5133(e), notwithstanding subsections (f), (g), 14
10851085 and (l) of that section (42 U.S.C. 5133(f), (g), 15
10861086 (l)). 16
10871087 (13) $310,210,000 for the sustainment of cur-17
10881088 rent operations for training, exercises, technical as-18
10891089 sistance, and other programs. 19
10901090 DISASTER RELIEF FUND 20
10911091 For necessary expenses in carrying out the Robert 21
10921092 T. Stafford Disaster Relief and Emergency Assistance Act 22
10931093 (42 U.S.C. 5121 et seq.), $20,261,000,000, to remain 23
10941094 available until expended: Provided, That such amount 24
10951095 shall be for major disasters declared pursuant to the Rob-25 43
10961096 •S 2625 RS
10971097 ert T. Stafford Disaster Relief and Emergency Assistance 1
10981098 Act (42 U.S.C. 5121 et seq.) and is designated by the 2
10991099 Congress as being for disaster relief pursuant to section 3
11001100 251(b)(2)(D) of the Balanced Budget and Emergency 4
11011101 Deficit Control Act of 1985. 5
11021102 NATIONAL FLOOD INSURANCE FUND 6
11031103 For activities under the National Flood Insurance 7
11041104 Act of 1968 (42 U.S.C. 4001 et seq.), the Flood Disaster 8
11051105 Protection Act of 1973 (42 U.S.C. 4001 et seq.), the 9
11061106 Biggert-Waters Flood Insurance Reform Act of 2012 10
11071107 (Public Law 112–141, 126 Stat. 916), and the Home-11
11081108 owner Flood Insurance Affordability Act of 2014 (Public 12
11091109 Law 113–89; 128 Stat. 1020), $239,983,000, to remain 13
11101110 available until September 30, 2025, which shall be derived 14
11111111 from offsetting amounts collected under section 1308(d) 15
11121112 of the National Flood Insurance Act of 1968 (42 U.S.C. 16
11131113 4015(d)); of which $18,917,000 shall be available for mis-17
11141114 sion support associated with flood management; and of 18
11151115 which $221,066,000 shall be available for flood plain man-19
11161116 agement and flood mapping: Provided, That any addi-20
11171117 tional fees collected pursuant to section 1308(d) of the 21
11181118 National Flood Insurance Act of 1968 (42 U.S.C. 22
11191119 4015(d)) shall be credited as offsetting collections to this 23
11201120 account, to be available for flood plain management and 24
11211121 flood mapping: Provided further, That in fiscal year 2024, 25 44
11221122 •S 2625 RS
11231123 no funds shall be available from the National Flood Insur-1
11241124 ance Fund under section 1310 of the National Flood In-2
11251125 surance Act of 1968 (42 U.S.C. 4017) in excess of— 3
11261126 (1) $230,504,000 for operating expenses and 4
11271127 salaries and expenses associated with flood insurance 5
11281128 operations; 6
11291129 (2) $1,300,000,000 for commissions and taxes 7
11301130 of agents; 8
11311131 (3) such sums as are necessary for interest on 9
11321132 Treasury borrowings; and 10
11331133 (4) $175,000,000, which shall remain available 11
11341134 until expended, for flood mitigation actions and for 12
11351135 flood mitigation assistance under section 1366 of the 13
11361136 National Flood Insurance Act of 1968 (42 U.S.C. 14
11371137 4104c), notwithstanding sections 1366(e) and 15
11381138 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017): 16
11391139 Provided further, That the amounts collected under section 17
11401140 102 of the Flood Disaster Protection Act of 1973 (42 18
11411141 U.S.C. 4012a) and section 1366(e) of the National Flood 19
11421142 Insurance Act of 1968 (42 U.S.C. 4104c(e)), shall be de-20
11431143 posited in the National Flood Insurance Fund to supple-21
11441144 ment other amounts specified as available for section 1366 22
11451145 of the National Flood Insurance Act of 1968, notwith-23
11461146 standing section 102(f)(8), section 1366(e) of the National 24
11471147 Flood Insurance Act of 1968, and paragraphs (1) through 25 45
11481148 •S 2625 RS
11491149 (3) of section 1367(b) of such Act (42 U.S.C. 4012a(f)(8), 1
11501150 4104c(e), 4104d(b)(1)–(3)): Provided further, That total 2
11511151 administrative costs shall not exceed 4 percent of the total 3
11521152 appropriation: Provided further, That up to $5,000,000 is 4
11531153 available to carry out section 24 of the Homeowner Flood 5
11541154 Insurance Affordability Act of 2014 (42 U.S.C. 4033). 6
11551155 A
11561156 DMINISTRATIVEPROVISIONS 7
11571157 (INCLUDING TRANSFER OF FUNDS) 8
11581158 S
11591159 EC. 301. Funds made available under the heading 9
11601160 ‘‘Cybersecurity and Infrastructure Security Agency—Op-10
11611161 erations and Support’’ may be made available for the nec-11
11621162 essary expenses of procuring or providing access to cyber-12
11631163 security threat feeds for branches, agencies, independent 13
11641164 agencies, corporations, establishments, and instrumental-14
11651165 ities of the Federal Government of the United States, 15
11661166 state, local, tribal, and territorial entities, fusion centers 16
11671167 as described in section 210A of the Homeland Security 17
11681168 Act (6 U.S.C. 124h), and Information and Analysis Orga-18
11691169 nizations. 19
11701170 S
11711171 EC. 302. (a) The Director of the Cybersecurity and 20
11721172 Infrastructure Security Agency (or the Director’s des-21
11731173 ignee) shall provide the briefings to the Committees on 22
11741174 Appropriations of the Senate and the House of Represent-23
11751175 atives described under the heading ‘‘Quarterly Budget and 24
11761176 Staffing Briefings’’ in the report accompanying this bill— 25 46
11771177 •S 2625 RS
11781178 (1) with respect to the first quarter of fiscal 1
11791179 year 2024, not later than the later of 30 days after 2
11801180 the date of enactment of this Act or January 30, 3
11811181 2024; and 4
11821182 (2) with respect to each subsequent fiscal quar-5
11831183 ter in fiscal year 2024, not later than 21 days after 6
11841184 the end of each such quarter. 7
11851185 (b) In the event that any such briefing required dur-8
11861186 ing this fiscal year under subsection (a) is not provided, 9
11871187 the amount made available in title III to the Cybersecurity 10
11881188 and Infrastructure Security Agency under the heading 11
11891189 ‘‘Operations and Support’’ shall be reduced by $50,000 12
11901190 for each day of noncompliance with subsection (a), and 13
11911191 the amount made available under such heading and speci-14
11921192 fied in the detailed funding table in the report accom-15
11931193 panying this Act for Mission Support management and 16
11941194 business activities shall be correspondingly reduced by an 17
11951195 equivalent amount. 18
11961196 S
11971197 EC. 303. (a) Notwithstanding section 2008(a)(12) 19
11981198 of the Homeland Security Act of 2002 (6 U.S.C. 20
11991199 609(a)(12)) or any other provision of law, not more than 21
12001200 5 percent of the amount of a grant made available in para-22
12011201 graphs (1) through (5) under ‘‘Federal Emergency Man-23
12021202 agement Agency—Federal Assistance’’, may be used by 24 47
12031203 •S 2625 RS
12041204 the recipient for expenses directly related to administra-1
12051205 tion of the grant. 2
12061206 (b) The authority provided in subsection (a) shall also 3
12071207 apply to a state recipient for the administration of a grant 4
12081208 under such paragraph (3). 5
12091209 S
12101210 EC. 304. Notwithstanding section 2004(e)(1) of the 6
12111211 Homeland Security Act of 2002 (6 U.S.C. 605(e)(1)), the 7
12121212 meaning of ‘‘total funds appropriated for grants under 8
12131213 this section and section 2003’’ in each place that it ap-9
12141214 pears shall not include any funds provided for the Non-10
12151215 profit Security Grant Program in paragraph (3) under the 11
12161216 heading ‘‘Federal Emergency Management Agency—Fed-12
12171217 eral Assistance’’ in this Act. 13
12181218 S
12191219 EC. 305. Applications for grants under the heading 14
12201220 ‘‘Federal Emergency Management Agency—Federal As-15
12211221 sistance’’, for paragraphs (1) through (5), shall be made 16
12221222 available to eligible applicants not later than 60 days after 17
12231223 the date of enactment of this Act, eligible applicants shall 18
12241224 submit applications not later than 80 days after the grant 19
12251225 announcement, and the Administrator of the Federal 20
12261226 Emergency Management Agency shall act within 65 days 21
12271227 after the receipt of an application. 22
12281228 S
12291229 EC. 306. (a) Under the heading ‘‘Federal Emer-23
12301230 gency Management Agency—Federal Assistance’’, for 24
12311231 grants under paragraphs (1) through (5) and (9), the Ad-25 48
12321232 •S 2625 RS
12331233 ministrator of the Federal Emergency Management Agen-1
12341234 cy shall brief the Committees on Appropriations of the 2
12351235 Senate and the House of Representatives 5 full business 3
12361236 days in advance of announcing publicly the intention of 4
12371237 making an award. 5
12381238 (b) If any such public announcement is made before 6
12391239 5 full business days have elapsed following such briefing, 7
12401240 $1,000,000 of amounts appropriated by this Act for ‘‘Fed-8
12411241 eral Emergency Management Agency—Operations and 9
12421242 Support’’ shall be rescinded. 10
12431243 S
12441244 EC. 307. Under the heading ‘‘Federal Emergency 11
12451245 Management Agency—Federal Assistance’’, for grants 12
12461246 under paragraphs (1) and (2), the installation of commu-13
12471247 nications towers is not considered construction of a build-14
12481248 ing or other physical facility. 15
12491249 S
12501250 EC. 308. The reporting requirements in paragraphs 16
12511251 (1) and (2) under the heading ‘‘Federal Emergency Man-17
12521252 agement Agency—Disaster Relief Fund’’ in the Depart-18
12531253 ment of Homeland Security Appropriations Act, 2015 19
12541254 (Public Law 114–4), related to reporting on the Disaster 20
12551255 Relief Fund, shall be applied in fiscal year 2024 with re-21
12561256 spect to budget year 2025 and current fiscal year 2024, 22
12571257 respectively— 23
12581258 (1) in paragraph (1) by substituting ‘‘fiscal 24
12591259 year 2025’’ for ‘‘fiscal year 2016’’; and 25 49
12601260 •S 2625 RS
12611261 (2) in paragraph (2) by inserting ‘‘business’’ 1
12621262 after ‘‘fifth’’. 2
12631263 S
12641264 EC. 309. In making grants under the heading ‘‘Fed-3
12651265 eral Emergency Management Agency—Federal Assist-4
12661266 ance’’, for Staffing for Adequate Fire and Emergency Re-5
12671267 sponse grants, the Administrator of the Federal Emer-6
12681268 gency Management Agency may grant waivers from the 7
12691269 requirements in subsections (a)(1)(A), (a)(1)(B), 8
12701270 (a)(1)(E), (c)(1), (c)(2), and (c)(4) of section 34 of the 9
12711271 Federal Fire Prevention and Control Act of 1974 (15 10
12721272 U.S.C. 2229a). 11
12731273 S
12741274 EC. 310. (a) The aggregate charges assessed during 12
12751275 fiscal year 2024, as authorized in title III of the Depart-13
12761276 ments of Veterans Affairs and Housing and Urban Devel-14
12771277 opment, and Independent Agencies Appropriations Act, 15
12781278 1999 (42 U.S.C. 5196e), shall not be less than 100 per-16
12791279 cent of the amounts anticipated by the Department of 17
12801280 Homeland Security to be necessary for its Radiological 18
12811281 Emergency Preparedness Program for the next fiscal year. 19
12821282 (b) The methodology for assessment and collection of 20
12831283 fees shall be fair and equitable and shall reflect costs of 21
12841284 providing such services, including administrative costs of 22
12851285 collecting such fees. 23
12861286 (c) Such fees shall be deposited in a Radiological 24
12871287 Emergency Preparedness Program account as offsetting 25 50
12881288 •S 2625 RS
12891289 collections and will become available for authorized pur-1
12901290 poses on October 1, 2024, and remain available until ex-2
12911291 pended. 3
12921292 S
12931293 EC. 311. In making grants under the heading ‘‘Fed-4
12941294 eral Emergency Management Agency—Federal Assist-5
12951295 ance’’, for Assistance to Firefighter Grants, the Adminis-6
12961296 trator of the Federal Emergency Management Agency 7
12971297 may waive subsection (k) of section 33 of the Federal Fire 8
12981298 Prevention and Control Act of 1974 (15 U.S.C. 2229). 9
12991299 S
13001300 EC. 312. Any unobligated balances of funds appro-10
13011301 priated in any prior Act for activities funded by the Na-11
13021302 tional Predisaster Mitigation Fund under section 203 of 12
13031303 the Robert T. Stafford Disaster Relief and Emergency As-13
13041304 sistance Act (42 U.S.C. 5133), as in effect on the day 14
13051305 before the date of enactment of section 1234 of division 15
13061306 D of Public Law 115–254, may be transferred to and 16
13071307 merged with funds set aside pursuant to subsection (i)(1) 17
13081308 of section 203 of the Robert T. Stafford Disaster Relief 18
13091309 and Emergency Assistance Act (42 U.S.C. 5133), as in 19
13101310 effect on the date of the enactment of this section. 20
13111311 S
13121312 EC. 313. Any unobligated balances of funds appro-21
13131313 priated under the heading ‘‘Federal Emergency Manage-22
13141314 ment Agency—Flood Hazard Mapping and Risk Analysis 23
13151315 Program’’ in any prior Act may be transferred to and 24
13161316 merged with funds appropriated under the heading ‘‘Fed-25 51
13171317 •S 2625 RS
13181318 eral Emergency Management Agency—Federal Assist-1
13191319 ance’’ for necessary expenses for Flood Hazard Mapping 2
13201320 and Risk Analysis: Provided, That funds transferred pur-3
13211321 suant to this section shall be in addition to and supple-4
13221322 ment any other sums appropriated for such purposes 5
13231323 under the National Flood Insurance Fund and such addi-6
13241324 tional sums as may be provided by States or other political 7
13251325 subdivisions for cost-shared mapping activities under sec-8
13261326 tion 1360(f)(2) of the National Flood Insurance Act of 9
13271327 1968 (42 U.S.C. 4101(f)(2)), to remain available until ex-10
13281328 pended. 11
13291329 TITLE IV 12
13301330 RESEARCH, DEVELOPMENT, TRAINING, AND 13
13311331 SERVICES 14
13321332 U.S. C
13331333 ITIZENSHIP ANDIMMIGRATIONSERVICES 15
13341334 OPERATIONS AND SUPPORT 16
13351335 For necessary expenses of U.S. Citizenship and Im-17
13361336 migration Services for operations and support, including 18
13371337 for the E-Verify Program and for the Refugee and Inter-19
13381338 national Operations Programs, $432,161,000: Provided, 20
13391339 That such amounts shall be in addition to any other 21
13401340 amounts made available for such purposes, and shall not 22
13411341 be construed to require any reduction of any fee described 23
13421342 in section 286(m) of the Immigration and Nationality Act 24
13431343 (8 U.S.C. 1356(m)): Provided further, That not to exceed 25 52
13441344 •S 2625 RS
13451345 $5,000 shall be for official reception and representation 1
13461346 expenses: Provided further, That of the amounts made 2
13471347 available under this heading, $183,000,000 is designated 3
13481348 by the Congress as being for an emergency requirement 4
13491349 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg-5
13501350 et and Emergency Deficit Control Act of 1985. 6
13511351 FEDERAL ASSISTANCE 7
13521352 For necessary expenses of U.S. Citizenship and Im-8
13531353 migration Services for Federal assistance for the Citizen-9
13541354 ship and Integration Grant Program, $23,500,000, to re-10
13551355 main available until September 30, 2025. 11
13561356 F
13571357 EDERALLAWENFORCEMENTTRAININGCENTERS 12
13581358 OPERATIONS AND SUPPORT 13
13591359 For necessary expenses of the Federal Law Enforce-14
13601360 ment Training Centers for operations and support, includ-15
13611361 ing the purchase of not to exceed 117 vehicles for police- 16
13621362 type use and hire of passenger motor vehicles, and services 17
13631363 as authorized by section 3109 of title 5, United States 18
13641364 Code, $352,611,000, of which $66,665,000 shall remain 19
13651365 available until September 30, 2025: Provided, That not 20
13661366 to exceed $7,180 shall be for official reception and rep-21
13671367 resentation expenses. 22
13681368 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 23
13691369 For necessary expenses of the Federal Law Enforce-24
13701370 ment Training Centers for procurement, construction, and 25 53
13711371 •S 2625 RS
13721372 improvements, $8,000,000, to remain available until Sep-1
13731373 tember 30, 2028, for acquisition of necessary additional 2
13741374 real property and facilities, construction and ongoing 3
13751375 maintenance, facility improvements and related expenses 4
13761376 of the Federal Law Enforcement Training Centers: Pro-5
13771377 vided, That the amounts made available under this head-6
13781378 ing are designated by the Congress as being for an emer-7
13791379 gency requirement pursuant to section 251(b)(2)(A)(i) of 8
13801380 the Balanced Budget and Emergency Deficit Control Act 9
13811381 of 1985. 10
13821382 S
13831383 CIENCE ANDTECHNOLOGYDIRECTORATE 11
13841384 OPERATIONS AND SUPPORT 12
13851385 For necessary expenses of the Science and Tech-13
13861386 nology Directorate for operations and support, including 14
13871387 the purchase or lease of not to exceed 5 vehicles, 15
13881388 $367,183,000, of which $205,558,000 shall remain avail-16
13891389 able until September 30, 2025: Provided, That not to ex-17
13901390 ceed $10,000 shall be for official reception and representa-18
13911391 tion expenses. 19
13921392 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 20
13931393 For necessary expenses of the Science and Tech-21
13941394 nology Directorate for procurement, construction, and im-22
13951395 provements, $43,579,000, to remain available until Sep-23
13961396 tember 30, 2028. 24 54
13971397 •S 2625 RS
13981398 RESEARCH AND DEVELOPMENT 1
13991399 For necessary expenses of the Science and Tech-2
14001400 nology Directorate for research and development, 3
14011401 $352,496,000, to remain available until September 30, 4
14021402 2026. 5
14031403 C
14041404 OUNTERINGWEAPONS OFMASSDESTRUCTIONOFFICE 6
14051405 OPERATIONS AND SUPPORT 7
14061406 For necessary expenses of the Countering Weapons 8
14071407 of Mass Destruction Office for operations and support, 9
14081408 $156,946,000, of which $50,446,000 shall remain avail-10
14091409 able until September 30, 2025: Provided, That not to ex-11
14101410 ceed $2,250 shall be for official reception and representa-12
14111411 tion expenses. 13
14121412 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 14
14131413 For necessary expenses of the Countering Weapons 15
14141414 of Mass Destruction Office for procurement, construction, 16
14151415 and improvements, $15,360,000, to remain available until 17
14161416 September 30, 2026. 18
14171417 RESEARCH AND DEVELOPMENT 19
14181418 For necessary expenses of the Countering Weapons 20
14191419 of Mass Destruction Office for research and development, 21
14201420 $48,751,000, to remain available until September 30, 22
14211421 2026. 23 55
14221422 •S 2625 RS
14231423 FEDERAL ASSISTANCE 1
14241424 For necessary expenses of the Countering Weapons 2
14251425 of Mass Destruction Office for Federal assistance through 3
14261426 grants, contracts, cooperative agreements, and other ac-4
14271427 tivities, $132,764,000, to remain available until Sep-5
14281428 tember 30, 2026: Provided, That of the amounts made 6
14291429 available under this heading, $2,000,000 is designated by 7
14301430 the Congress as being for an emergency requirement pur-8
14311431 suant to section 251(b)(2)(A)(i) of the Balanced Budget 9
14321432 and Emergency Deficit Control Act of 1985. 10
14331433 A
14341434 DMINISTRATIVEPROVISIONS 11
14351435 S
14361436 EC. 401. (a) Notwithstanding any other provision 12
14371437 of law, funds otherwise made available to U.S. Citizenship 13
14381438 and Immigration Services may be used to acquire, operate, 14
14391439 equip, and dispose of up to 5 vehicles, for replacement 15
14401440 only, for areas where the Administrator of General Serv-16
14411441 ices does not provide vehicles for lease. 17
14421442 (b) The Director of U.S. Citizenship and Immigration 18
14431443 Services may authorize employees who are assigned to 19
14441444 those areas to use such vehicles to travel between the em-20
14451445 ployees’ residences and places of employment. 21
14461446 S
14471447 EC. 402. None of the funds appropriated by this Act 22
14481448 may be used to process or approve a competition under 23
14491449 Office of Management and Budget Circular A–76 for serv-24
14501450 ices provided by employees (including employees serving 25 56
14511451 •S 2625 RS
14521452 on a temporary or term basis) of U.S. Citizenship and Im-1
14531453 migration Services of the Department of Homeland Secu-2
14541454 rity who are known as Immigration Information Officers, 3
14551455 Immigration Service Analysts, Contact Representatives, 4
14561456 Investigative Assistants, or Immigration Services Officers. 5
14571457 S
14581458 EC. 403. Notwithstanding any other provision of 6
14591459 law, any Federal funds made available to U.S. Citizenship 7
14601460 and Immigration Services may be used for the collection 8
14611461 and use of biometrics taken at a U.S. Citizenship and Im-9
14621462 migration Services Application Support Center that is 10
14631463 overseen virtually by U.S. Citizenship and Immigration 11
14641464 Services personnel using appropriate technology. 12
14651465 S
14661466 EC. 404. The Director of the Federal Law Enforce-13
14671467 ment Training Centers is authorized to distribute funds 14
14681468 to Federal law enforcement agencies for expenses incurred 15
14691469 participating in training accreditation. 16
14701470 S
14711471 EC. 405. The Federal Law Enforcement Training 17
14721472 Accreditation Board, including representatives from the 18
14731473 Federal law enforcement community and non-Federal ac-19
14741474 creditation experts involved in law enforcement training, 20
14751475 shall lead the Federal law enforcement training accredita-21
14761476 tion process to continue the implementation of measuring 22
14771477 and assessing the quality and effectiveness of Federal law 23
14781478 enforcement training programs, facilities, and instructors. 24 57
14791479 •S 2625 RS
14801480 SEC. 406. (a) The Director of the Federal Law En-1
14811481 forcement Training Centers may accept transfers to its 2
14821482 ‘‘Procurement, Construction, and Improvements’’ account 3
14831483 from Government agencies requesting the construction of 4
14841484 special use facilities, as authorized by the Economy Act 5
14851485 (31 U.S.C. 1535(b)). 6
14861486 (b) The Federal Law Enforcement Training Centers 7
14871487 shall maintain administrative control and ownership upon 8
14881488 completion of such facilities. 9
14891489 S
14901490 EC. 407. The functions of the Federal Law Enforce-10
14911491 ment Training Centers instructor staff shall be classified 11
14921492 as inherently governmental for purposes of the Federal 12
14931493 Activities Inventory Reform Act of 1998 (31 U.S.C. 501 13
14941494 note). 14 58
14951495 •S 2625 RS
14961496 TITLE V 1
14971497 GENERAL PROVISIONS 2
14981498 (INCLUDING RESCISSIONS OF FUNDS) 3
14991499 S
15001500 EC. 501. No part of any appropriation contained in 4
15011501 this Act shall remain available for obligation beyond the 5
15021502 current fiscal year unless expressly so provided herein. 6
15031503 S
15041504 EC. 502. Subject to the requirements of section 503 7
15051505 of this Act, the unexpended balances of prior appropria-8
15061506 tions provided for activities in this Act may be transferred 9
15071507 to appropriation accounts for such activities established 10
15081508 pursuant to this Act, may be merged with funds in the 11
15091509 applicable established accounts, and thereafter may be ac-12
15101510 counted for as one fund for the same time period as origi-13
15111511 nally enacted. 14
15121512 S
15131513 EC. 503. (a) None of the funds provided by this Act, 15
15141514 provided by previous appropriations Acts to the compo-16
15151515 nents in or transferred to the Department of Homeland 17
15161516 Security that remain available for obligation or expendi-18
15171517 ture in fiscal year 2024, or provided from any accounts 19
15181518 in the Treasury of the United States derived by the collec-20
15191519 tion of fees available to the components funded by this 21
15201520 Act, shall be available for obligation or expenditure 22
15211521 through a reprogramming of funds that— 23
15221522 (1) creates or eliminates a program, project, or 24
15231523 activity, or increases funds for any program, project, 25 59
15241524 •S 2625 RS
15251525 or activity for which funds have been denied or re-1
15261526 stricted by the Congress; 2
15271527 (2) contracts out any function or activity pres-3
15281528 ently performed by Federal employees or any new 4
15291529 function or activity proposed to be performed by 5
15301530 Federal employees in the President’s budget pro-6
15311531 posal for fiscal year 2024 for the Department of 7
15321532 Homeland Security; 8
15331533 (3) augments funding for existing programs, 9
15341534 projects, or activities in excess of $5,000,000 or 10 10
15351535 percent, whichever is less; 11
15361536 (4) reduces funding for any program, project, 12
15371537 or activity, or numbers of personnel, by 10 percent 13
15381538 or more; or 14
15391539 (5) results from any general savings from a re-15
15401540 duction in personnel that would result in a change 16
15411541 in funding levels for programs, projects, or activities 17
15421542 as approved by the Congress. 18
15431543 (b) Subsection (a) shall not apply if the Committees 19
15441544 on Appropriations of the Senate and the House of Rep-20
15451545 resentatives are notified at least 30 days in advance of 21
15461546 such reprogramming. 22
15471547 (c) Up to 5 percent of any appropriation made avail-23
15481548 able for the current fiscal year for the Department of 24
15491549 Homeland Security by this Act or provided by previous 25 60
15501550 •S 2625 RS
15511551 appropriations Acts may be transferred between such ap-1
15521552 propriations if the Committees on Appropriations of the 2
15531553 Senate and the House of Representatives are notified at 3
15541554 least 30 days in advance of such transfer, but no such 4
15551555 appropriation, except as otherwise specifically provided, 5
15561556 shall be increased by more than 10 percent by such trans-6
15571557 fer. 7
15581558 (d) Notwithstanding subsections (a), (b), and (c), no 8
15591559 funds shall be reprogrammed within or transferred be-9
15601560 tween appropriations based upon an initial notification 10
15611561 provided after June 15, except in extraordinary cir-11
15621562 cumstances that imminently threaten the safety of human 12
15631563 life or the protection of property. 13
15641564 (e) The notification thresholds and procedures set 14
15651565 forth in subsections (a), (b), (c), and (d) shall apply to 15
15661566 any use of deobligated balances of funds provided in pre-16
15671567 vious Department of Homeland Security Appropriations 17
15681568 Acts that remain available for obligation in the current 18
15691569 year. 19
15701570 (f) Notwithstanding subsection (c), the Secretary of 20
15711571 Homeland Security may transfer to the fund established 21
15721572 by 8 U.S.C. 1101 note, up to $20,000,000 from appro-22
15731573 priations available to the Department of Homeland Secu-23
15741574 rity: Provided, That the Secretary shall notify the Com-24
15751575 mittees on Appropriations of the Senate and the House 25 61
15761576 •S 2625 RS
15771577 of Representatives at least 5 days in advance of such 1
15781578 transfer. 2
15791579 S
15801580 EC. 504. (a) Section 504 of the Department of 3
15811581 Homeland Security Appropriations Act, 2017 (division F 4
15821582 of Public Law 115–31), related to the operations of a 5
15831583 working capital fund, shall apply with respect to funds 6
15841584 made available in this Act in the same manner as such 7
15851585 section applied to funds made available in that Act. 8
15861586 (b) Funds from such working capital fund may be 9
15871587 obligated and expended in anticipation of reimbursements 10
15881588 from components of the Department of Homeland Secu-11
15891589 rity. 12
15901590 S
15911591 EC. 505. (a) Except as otherwise specifically pro-13
15921592 vided by law, not to exceed 50 percent of unobligated bal-14
15931593 ances remaining available at the end of fiscal year 2024, 15
15941594 as recorded in the financial records at the time of a re-16
15951595 programming notification, but not later than June 30, 17
15961596 2025, from appropriations for ‘‘Operations and Support’’ 18
15971597 for fiscal year 2024 in this Act shall remain available 19
15981598 through September 30, 2025, in the account and for the 20
15991599 purposes for which the appropriations were provided. 21
16001600 (b) Prior to the obligation of such funds, a notifica-22
16011601 tion shall be submitted to the Committees on Appropria-23
16021602 tions of the Senate and the House of Representatives in 24
16031603 accordance with section 503 of this Act. 25 62
16041604 •S 2625 RS
16051605 SEC. 506. (a) Funds made available by this Act for 1
16061606 intelligence activities are deemed to be specifically author-2
16071607 ized by the Congress for purposes of section 504 of the 3
16081608 National Security Act of 1947 (50 U.S.C. 414) during fis-4
16091609 cal year 2024 until the enactment of an Act authorizing 5
16101610 intelligence activities for fiscal year 2024. 6
16111611 (b) Amounts described in subsection (a) made avail-7
16121612 able for ‘‘Intelligence, Analysis, and Situational Aware-8
16131613 ness—Operations and Support’’ that exceed the amounts 9
16141614 in such authorization for such account shall be transferred 10
16151615 to and merged with amounts made available under the 11
16161616 heading ‘‘Management Directorate—Operations and Sup-12
16171617 port’’. 13
16181618 (c) Prior to the obligation of any funds transferred 14
16191619 under subsection (b), the Management Directorate shall 15
16201620 brief the Committees on Appropriations of the Senate and 16
16211621 the House of Representatives on a plan for the use of such 17
16221622 funds. 18
16231623 S
16241624 EC. 507. (a) The Secretary of Homeland Security, 19
16251625 or the designee of the Secretary, shall notify the Commit-20
16261626 tees on Appropriations of the Senate and the House of 21
16271627 Representatives at least 3 full business days in advance 22
16281628 of— 23
16291629 (1) making or awarding a grant allocation or 24
16301630 grant in excess of $1,000,000; 25 63
16311631 •S 2625 RS
16321632 (2) making or awarding a contract, other trans-1
16331633 action agreement, or task or delivery order on a De-2
16341634 partment of Homeland Security multiple award con-3
16351635 tract, or to issue a letter of intent totaling in excess 4
16361636 of $4,000,000; 5
16371637 (3) awarding a task or delivery order requiring 6
16381638 an obligation of funds in an amount greater than 7
16391639 $10,000,000 from multi-year Department of Home-8
16401640 land Security funds; 9
16411641 (4) making a sole-source grant award; or 10
16421642 (5) announcing publicly the intention to make 11
16431643 or award items under paragraph (1), (2), (3), or (4), 12
16441644 including a contract covered by the Federal Acquisi-13
16451645 tion Regulation. 14
16461646 (b) If the Secretary of Homeland Security determines 15
16471647 that compliance with this section would pose a substantial 16
16481648 risk to human life, health, or safety, an award may be 17
16491649 made without notification, and the Secretary shall notify 18
16501650 the Committees on Appropriations of the Senate and the 19
16511651 House of Representatives not later than 5 full business 20
16521652 days after such an award is made or letter issued. 21
16531653 (c) A notification under this section— 22
16541654 (1) may not involve funds that are not available 23
16551655 for obligation; and 24 64
16561656 •S 2625 RS
16571657 (2) shall include the amount of the award; the 1
16581658 fiscal year for which the funds for the award were 2
16591659 appropriated; the type of contract; and the account 3
16601660 from which the funds are being drawn. 4
16611661 S
16621662 EC. 508. Notwithstanding any other provision of 5
16631663 law, no agency shall purchase, construct, or lease any ad-6
16641664 ditional facilities, except within or contiguous to existing 7
16651665 locations, to be used for the purpose of conducting Federal 8
16661666 law enforcement training without advance notification to 9
16671667 the Committees on Appropriations of the Senate and the 10
16681668 House of Representatives, except that the Federal Law 11
16691669 Enforcement Training Centers is authorized to obtain the 12
16701670 temporary use of additional facilities by lease, contract, 13
16711671 or other agreement for training that cannot be accommo-14
16721672 dated in existing Centers’ facilities. 15
16731673 S
16741674 EC. 509. None of the funds appropriated or other-16
16751675 wise made available by this Act may be used for expenses 17
16761676 for any construction, repair, alteration, or acquisition 18
16771677 project for which a prospectus otherwise required under 19
16781678 chapter 33 of title 40, United States Code, has not been 20
16791679 approved, except that necessary funds may be expended 21
16801680 for each project for required expenses for the development 22
16811681 of a proposed prospectus. 23
16821682 S
16831683 EC. 510. Sections 522 and 530 of the Department 24
16841684 of Homeland Security Appropriations Act, 2008 (division 25 65
16851685 •S 2625 RS
16861686 E of Public Law 110–161; 121 Stat. 2073 and 2074) shall 1
16871687 apply with respect to funds made available in this Act in 2
16881688 the same manner as such sections applied to funds made 3
16891689 available in that Act. 4
16901690 S
16911691 EC. 511. (a) None of the funds made available in 5
16921692 this Act may be used in contravention of the applicable 6
16931693 provisions of the Buy American Act. 7
16941694 (b) For purposes of subsection (a), the term ‘‘Buy 8
16951695 American Act’’ means chapter 83 of title 41, United 9
16961696 States Code. 10
16971697 S
16981698 EC. 512. None of the funds made available in this 11
16991699 Act may be used to amend the oath of allegiance required 12
17001700 by section 337 of the Immigration and Nationality Act 13
17011701 (8 U.S.C. 1448). 14
17021702 S
17031703 EC. 513. None of the funds provided or otherwise 15
17041704 made available in this Act shall be available to carry out 16
17051705 section 872 of the Homeland Security Act of 2002 (6 17
17061706 U.S.C. 452) unless explicitly authorized by the Congress. 18
17071707 S
17081708 EC. 514. None of the funds made available in this 19
17091709 Act may be used for planning, testing, piloting, or devel-20
17101710 oping a national identification card. 21
17111711 S
17121712 EC. 515. Any official that is required by this Act 22
17131713 to report or to certify to the Committees on Appropria-23
17141714 tions of the Senate and the House of Representatives may 24 66
17151715 •S 2625 RS
17161716 not delegate such authority to perform that act unless spe-1
17171717 cifically authorized herein. 2
17181718 S
17191719 EC. 516. None of the funds made available in this 3
17201720 Act may be used for first-class travel by the employees 4
17211721 of agencies funded by this Act in contravention of sections 5
17221722 301–10.122 through 301–10.124 of title 41, Code of Fed-6
17231723 eral Regulations. 7
17241724 S
17251725 EC. 517. None of the funds made available in this 8
17261726 Act may be used to employ workers described in section 9
17271727 274A(h)(3) of the Immigration and Nationality Act (8 10
17281728 U.S.C. 1324a(h)(3)). 11
17291729 S
17301730 EC. 518. Notwithstanding any other provision of 12
17311731 this Act, none of the funds appropriated or otherwise 13
17321732 made available by this Act may be used to pay award or 14
17331733 incentive fees for contractor performance that has been 15
17341734 judged to be below satisfactory performance or perform-16
17351735 ance that does not meet the basic requirements of a con-17
17361736 tract. 18
17371737 S
17381738 EC. 519. (a) None of the funds made available in 19
17391739 this Act may be used to maintain or establish a computer 20
17401740 network unless such network blocks the viewing, 21
17411741 downloading, and exchanging of pornography. 22
17421742 (b) Nothing in subsection (a) shall limit the use of 23
17431743 funds necessary for any Federal, State, tribal, territorial, 24
17441744 or local law enforcement agency or any other entity car-25 67
17451745 •S 2625 RS
17461746 rying out criminal investigations, prosecution, or adjudica-1
17471747 tion activities. 2
17481748 S
17491749 EC. 520. None of the funds made available in this 3
17501750 Act may be used by a Federal law enforcement officer to 4
17511751 facilitate the transfer of an operable firearm to an indi-5
17521752 vidual if the Federal law enforcement officer knows or sus-6
17531753 pects that the individual is an agent of a drug cartel unless 7
17541754 law enforcement personnel of the United States continu-8
17551755 ously monitor or control the firearm at all times. 9
17561756 S
17571757 EC. 521. (a) None of the funds made available in 10
17581758 this Act may be used to pay for the travel to or attendance 11
17591759 of more than 50 employees of a single component of the 12
17601760 Department of Homeland Security, who are stationed in 13
17611761 the United States, at a single international conference un-14
17621762 less the Secretary of Homeland Security, or a designee, 15
17631763 determines that such attendance is in the national interest 16
17641764 and notifies the Committees on Appropriations of the Sen-17
17651765 ate and the House of Representatives within at least 10 18
17661766 days of that determination and the basis for that deter-19
17671767 mination. 20
17681768 (b) For purposes of this section the term ‘‘inter-21
17691769 national conference’’ shall mean a conference occurring 22
17701770 outside of the United States attended by representatives 23
17711771 of the United States Government and of foreign govern-24 68
17721772 •S 2625 RS
17731773 ments, international organizations, or nongovernmental 1
17741774 organizations. 2
17751775 (c) The total cost to the Department of Homeland 3
17761776 Security of any such conference shall not exceed $500,000. 4
17771777 (d) Employees who attend a conference virtually 5
17781778 without travel away from their permanent duty station 6
17791779 within the United States shall not be counted for purposes 7
17801780 of this section, and the prohibition contained in this sec-8
17811781 tion shall not apply to payments for the costs of attend-9
17821782 ance for such employees. 10
17831783 S
17841784 EC. 522. None of the funds made available in this 11
17851785 Act may be used to reimburse any Federal department 12
17861786 or agency for its participation in a National Special Secu-13
17871787 rity Event. 14
17881788 S
17891789 EC. 523. (a) None of the funds made available to 15
17901790 the Department of Homeland Security by this or any other 16
17911791 Act may be obligated for the implementation of any struc-17
17921792 tural pay reform or the introduction of any new position 18
17931793 classification that will affect more than 100 full-time posi-19
17941794 tions or costs more than $5,000,000 in a single year be-20
17951795 fore the end of the 30-day period beginning on the date 21
17961796 on which the Secretary of Homeland Security submits to 22
17971797 Congress a notification that includes— 23
17981798 (1) the number of full-time positions affected by 24
17991799 such change; 25 69
18001800 •S 2625 RS
18011801 (2) funding required for such change for the 1
18021802 current fiscal year and through the Future Years 2
18031803 Homeland Security Program; 3
18041804 (3) justification for such change; and 4
18051805 (4) for a structural pay reform, an analysis of 5
18061806 compensation alternatives to such change that were 6
18071807 considered by the Department. 7
18081808 (b) Subsection (a) shall not apply to such change if— 8
18091809 (1) it was proposed in the President’s budget 9
18101810 proposal for the fiscal year funded by this Act; and 10
18111811 (2) funds for such change have not been explic-11
18121812 itly denied or restricted in this Act. 12
18131813 S
18141814 EC. 524. (a) Any agency receiving funds made avail-13
18151815 able in this Act shall, subject to subsections (b) and (c), 14
18161816 post on the public website of that agency any report re-15
18171817 quired to be submitted by the Committees on Appropria-16
18181818 tions of the Senate and the House of Representatives in 17
18191819 this Act, upon the determination by the head of the agency 18
18201820 that it shall serve the national interest. 19
18211821 (b) Subsection (a) shall not apply to a report if— 20
18221822 (1) the public posting of the report com-21
18231823 promises homeland or national security; or 22
18241824 (2) the report contains proprietary information. 23
18251825 (c) The head of the agency posting such report shall 24
18261826 do so only after such report has been made available to 25 70
18271827 •S 2625 RS
18281828 the Committees on Appropriations of the Senate and the 1
18291829 House of Representatives for not less than 45 days except 2
18301830 as otherwise specified in law. 3
18311831 S
18321832 EC. 525. (a) Funding provided in this Act for ‘‘Op-4
18331833 erations and Support’’ may be used for minor procure-5
18341834 ment, construction, and improvements. 6
18351835 (b) For purposes of subsection (a), ‘‘minor’’ refers 7
18361836 to end items with a unit cost of $250,000 or less for per-8
18371837 sonal property, and $2,000,000 or less for real property. 9
18381838 S
18391839 EC. 526. The authority provided by section 532 of 10
18401840 the Department of Homeland Security Appropriations 11
18411841 Act, 2018 (Public Law 115–141) regarding primary and 12
18421842 secondary schooling of dependents shall continue in effect 13
18431843 during fiscal year 2024. 14
18441844 S
18451845 EC. 527. (a) None of the funds appropriated or oth-15
18461846 erwise made available to the Department of Homeland Se-16
18471847 curity by this Act may be used to prevent any of the fol-17
18481848 lowing persons from entering, for the purpose of con-18
18491849 ducting oversight, any facility operated by or for the De-19
18501850 partment of Homeland Security used to detain or other-20
18511851 wise house aliens, or to make any temporary modification 21
18521852 at any such facility that in any way alters what is observed 22
18531853 by a visiting Member of Congress or such designated em-23
18541854 ployee, compared to what would be observed in the absence 24
18551855 of such modification: 25 71
18561856 •S 2625 RS
18571857 (1) A Member of Congress. 1
18581858 (2) An employee of the United States House of 2
18591859 Representatives or the United States Senate des-3
18601860 ignated by such a Member for the purposes of this 4
18611861 section. 5
18621862 (b) Nothing in this section may be construed to re-6
18631863 quire a Member of Congress to provide prior notice of the 7
18641864 intent to enter a facility described in subsection (a) for 8
18651865 the purpose of conducting oversight. 9
18661866 (c) With respect to individuals described in subsection 10
18671867 (a)(2), the Department of Homeland Security may require 11
18681868 that a request be made at least 24 hours in advance of 12
18691869 an intent to enter a facility described in subsection (a). 13
18701870 S
18711871 EC. 528. (a) Except as provided in subsection (b), 14
18721872 none of the funds made available in this Act may be used 15
18731873 to place restraints on a woman in the custody of the De-16
18741874 partment of Homeland Security (including during trans-17
18751875 port, in a detention facility, or at an outside medical facil-18
18761876 ity) who is pregnant or in post-delivery recuperation. 19
18771877 (b) Subsection (a) shall not apply with respect to a 20
18781878 pregnant woman if— 21
18791879 (1) an appropriate official of the Department of 22
18801880 Homeland Security makes an individualized deter-23
18811881 mination that the woman— 24 72
18821882 •S 2625 RS
18831883 (A) is a serious flight risk, and such risk 1
18841884 cannot be prevented by other means; or 2
18851885 (B) poses an immediate and serious threat 3
18861886 to harm herself or others that cannot be pre-4
18871887 vented by other means; or 5
18881888 (2) a medical professional responsible for the 6
18891889 care of the pregnant woman determines that the use 7
18901890 of therapeutic restraints is appropriate for the med-8
18911891 ical safety of the woman. 9
18921892 (c) If a pregnant woman is restrained pursuant to 10
18931893 subsection (b), only the safest and least restrictive re-11
18941894 straints, as determined by the appropriate medical profes-12
18951895 sional treating the woman, may be used. In no case may 13
18961896 restraints be used on a woman who is in active labor or 14
18971897 delivery, and in no case may a pregnant woman be re-15
18981898 strained in a face-down position with four-point restraints, 16
18991899 on her back, or in a restraint belt that constricts the area 17
19001900 of the pregnancy. A pregnant woman who is immobilized 18
19011901 by restraints shall be positioned, to the maximum extent 19
19021902 feasible, on her left side. 20
19031903 S
19041904 EC. 529. (a) None of the funds made available by 21
19051905 this Act may be used to destroy any document, recording, 22
19061906 or other record pertaining to any— 23
19071907 (1) death of, 24 73
19081908 •S 2625 RS
19091909 (2) potential sexual assault or abuse per-1
19101910 petrated against, or 2
19111911 (3) allegation of abuse, criminal activity, or dis-3
19121912 ruption committed by 4
19131913 an individual held in the custody of the Department of 5
19141914 Homeland Security. 6
19151915 (b) The records referred to in subsection (a) shall be 7
19161916 made available, in accordance with applicable laws and 8
19171917 regulations, and Federal rules governing disclosure in liti-9
19181918 gation, to an individual who has been charged with a 10
19191919 crime, been placed into segregation, or otherwise punished 11
19201920 as a result of an allegation described in paragraph (3), 12
19211921 upon the request of such individual. 13
19221922 S
19231923 EC. 530. Section 519 of division F of Public Law 14
19241924 114–113, regarding a prohibition on funding for any posi-15
19251925 tion designated as a Principal Federal Official, shall apply 16
19261926 with respect to any Federal funds in the same manner 17
19271927 as such section applied to funds made available in that 18
19281928 Act. 19
19291929 S
19301930 EC. 531. (a) Not later than 10 days after the date 20
19311931 on which the budget of the President for a fiscal year is 21
19321932 submitted to Congress pursuant to section 1105(a) of title 22
19331933 31, United States Code, the Under Secretary for Manage-23
19341934 ment of Homeland Security shall submit to the Commit-24
19351935 tees on Appropriations of the Senate and the House of 25 74
19361936 •S 2625 RS
19371937 Representatives a report on the unfunded priorities, for 1
19381938 the Department of Homeland Security and separately for 2
19391939 each departmental component, for which discretionary 3
19401940 funding would be classified as budget function 050. 4
19411941 (b) Each report under this section shall specify, for 5
19421942 each such unfunded priority— 6
19431943 (1) a summary description, including the objec-7
19441944 tives to be achieved if such priority is funded 8
19451945 (whether in whole or in part); 9
19461946 (2) the description, including the objectives to 10
19471947 be achieved if such priority is funded (whether in 11
19481948 whole or in part); 12
19491949 (3) account information, including the following 13
19501950 (as applicable): 14
19511951 (A) appropriation account; and 15
19521952 (B) program, project, or activity name; 16
19531953 and 17
19541954 (4) the additional number of full-time or part- 18
19551955 time positions to be funded as part of such priority. 19
19561956 (c) In this section, the term ‘‘unfunded priority’’, in 20
19571957 the case of a fiscal year, means a requirement that— 21
19581958 (1) is not funded in the budget referred to in 22
19591959 subsection (a); 23 75
19601960 •S 2625 RS
19611961 (2) is necessary to fulfill a requirement associ-1
19621962 ated with an operational or contingency plan for the 2
19631963 Department; and 3
19641964 (3) would have been recommended for funding 4
19651965 through the budget referred to in subsection (a) if— 5
19661966 (A) additional resources had been available 6
19671967 for the budget to fund the requirement; 7
19681968 (B) the requirement has emerged since the 8
19691969 budget was formulated; or 9
19701970 (C) the requirement is necessary to sustain 10
19711971 prior-year investments. 11
19721972 S
19731973 EC. 532. (a) Not later than 10 days after a deter-12
19741974 mination is made by the President to evaluate and initiate 13
19751975 protection under any authority for a former or retired 14
19761976 Government official or employee, or for an individual who, 15
19771977 during the duration of the directed protection, will become 16
19781978 a former or retired Government official or employee (re-17
19791979 ferred to in this section as a ‘‘covered individual’’), the 18
19801980 Secretary of Homeland Security shall submit a notifica-19
19811981 tion to congressional leadership and the Committees on 20
19821982 Appropriations of the Senate and the House of Represent-21
19831983 atives, the Committees on the Judiciary of the Senate and 22
19841984 the House of Representatives, the Committee on Home-23
19851985 land Security and Governmental Affairs of the Senate, the 24
19861986 Committee on Homeland Security of the House of Rep-25 76
19871987 •S 2625 RS
19881988 resentatives, and the Committee on Oversight and Reform 1
19891989 of the House of Representatives (referred to in this section 2
19901990 as the ‘‘appropriate congressional committees’’). 3
19911991 (b) Such notification may be submitted in classified 4
19921992 form, if necessary, and in consultation with the Director 5
19931993 of National Intelligence or the Director of the Federal Bu-6
19941994 reau of Investigation, as appropriate, and shall include the 7
19951995 threat assessment, scope of the protection, and the antici-8
19961996 pated cost and duration of such protection. 9
19971997 (c) Not later than 15 days before extending, or 30 10
19981998 days before terminating, protection for a covered indi-11
19991999 vidual, the Secretary of Homeland Security shall submit 12
20002000 a notification regarding the extension or termination and 13
20012001 any change to the threat assessment to the congressional 14
20022002 leadership and the appropriate congressional committees. 15
20032003 (d) Not later than 45 days after the date of enact-16
20042004 ment of this Act, and quarterly thereafter, the Secretary 17
20052005 shall submit a report to the congressional leadership and 18
20062006 the appropriate congressional committees, which may be 19
20072007 submitted in classified form, if necessary, detailing each 20
20082008 covered individual, and the scope and associated cost of 21
20092009 protection. 22
20102010 S
20112011 EC. 533. (a) None of the funds provided to the De-23
20122012 partment of Homeland Security in this or any prior Act 24
20132013 may be used by an agency to submit an initial project pro-25 77
20142014 •S 2625 RS
20152015 posal to the Technology Modernization Fund (as author-1
20162016 ized by section 1078 of subtitle G of title X of the National 2
20172017 Defense Authorization Act for Fiscal Year 2018 (Public 3
20182018 Law 115–91)) unless, concurrent with the submission of 4
20192019 an initial project proposal to the Technology Moderniza-5
20202020 tion Board, the head of the agency— 6
20212021 (1) notifies the Committees on Appropriations 7
20222022 of the Senate and the House of Representatives of 8
20232023 the proposed submission of the project proposal; 9
20242024 (2) submits to the Committees on Appropria-10
20252025 tions a copy of the project proposal; and 11
20262026 (3) provides a detailed analysis of how the pro-12
20272027 posed project funding would supplement or supplant 13
20282028 funding requested as part of the Department’s most 14
20292029 recent budget submission. 15
20302030 (b) None of the funds provided to the Department 16
20312031 of Homeland Security by the Technology Modernization 17
20322032 Fund shall be available for obligation until 15 days after 18
20332033 a report on such funds has been transmitted to the Com-19
20342034 mittees on Appropriations of the Senate and the House 20
20352035 of Representatives. 21
20362036 (c) The report described in subsection (b) shall in-22
20372037 clude— 23 78
20382038 •S 2625 RS
20392039 (1) the full project proposal submitted to and 1
20402040 approved by the Fund’s Technology Modernization 2
20412041 Board; 3
20422042 (2) the finalized interagency agreement between 4
20432043 the Department and the Fund including the 5
20442044 project’s deliverables and repayment terms, as appli-6
20452045 cable; 7
20462046 (3) a detailed analysis of how the project will 8
20472047 supplement or supplant existing funding available to 9
20482048 the Department for similar activities; 10
20492049 (4) a plan for how the Department will repay 11
20502050 the Fund, including specific planned funding 12
20512051 sources, as applicable; and 13
20522052 (5) other information as determined by the Sec-14
20532053 retary. 15
20542054 S
20552055 EC. 534. Within 60 days of any budget submission 16
20562056 for the Department of Homeland Security for fiscal year 17
20572057 2025 that assumes revenues or proposes a reduction from 18
20582058 the previous year based on user fees proposals that have 19
20592059 not been enacted into law prior to the submission of the 20
20602060 budget, the Secretary of Homeland Security shall provide 21
20612061 the Committees on Appropriations of the Senate and the 22
20622062 House of Representatives specific reductions in proposed 23
20632063 discretionary budget authority commensurate with the 24 79
20642064 •S 2625 RS
20652065 revenues assumed in such proposals in the event that they 1
20662066 are not enacted prior to October 1, 2024. 2
20672067 S
20682068 EC. 535. None of the funds made available by this 3
20692069 Act may be obligated or expended to implement the Arms 4
20702070 Trade Treaty until the Senate approves a resolution of 5
20712071 ratification for the Treaty. 6
20722072 S
20732073 EC. 536. No Federal funds made available to the 7
20742074 Department of Homeland Security may be used to enter 8
20752075 into a procurement contract, memorandum of under-9
20762076 standing, or cooperative agreement with, or make a grant 10
20772077 to, or provide a loan or guarantee to, any entity identified 11
20782078 under section 1260H of the William M. (Mac) Thornberry 12
20792079 National Defense Authorization Act for Fiscal Year 2021 13
20802080 (Public Law 116–283) or any subsidiary of such entity. 14
20812081 S
20822082 EC. 537. None of the funds appropriated or other-15
20832083 wise made available in this or any other Act may be used 16
20842084 to transfer, release, or assist in the transfer or release to 17
20852085 or within the United States, its territories, or possessions 18
20862086 Khalid Sheikh Mohammed or any other detainee who— 19
20872087 (1) is not a United States citizen or a member 20
20882088 of the Armed Forces of the United States; and 21
20892089 (2) is or was held on or after June 24, 2009, 22
20902090 at the United States Naval Station, Guantanamo 23
20912091 Bay, Cuba, by the Department of Defense. 24 80
20922092 •S 2625 RS
20932093 SEC. 538. (a) The Secretary of Homeland Security 1
20942094 (in this section referred to as the ‘‘Secretary’’) shall, on 2
20952095 a bimonthly basis beginning immediately after the date of 3
20962096 enactment of this Act, develop estimates of the number 4
20972097 of noncitizens anticipated to arrive at the southwest bor-5
20982098 der of the United States. 6
20992099 (b) The Secretary shall ensure that, at a minimum, 7
21002100 the estimates developed pursuant to subsection (a)— 8
21012101 (1) cover the current fiscal year and the fol-9
21022102 lowing fiscal year; 10
21032103 (2) include a breakout by demographics, to in-11
21042104 clude single adults, family units, and unaccompanied 12
21052105 children; 13
21062106 (3) undergo an independent validation and 14
21072107 verification review; 15
21082108 (4) are used to inform policy planning and 16
21092109 budgeting processes within the Department of 17
21102110 Homeland Security; and 18
21112111 (5) are included in the budget materials sub-19
21122112 mitted to Congress for each fiscal year beginning 20
21132113 after the date of enactment of this Act and in sup-21
21142114 port of— 22
21152115 (A) the President’s annual budget request 23
21162116 pursuant to section 1105 of title 31, United 24
21172117 States Code; 25 81
21182118 •S 2625 RS
21192119 (B) any supplemental funding request sub-1
21202120 mitted to Congress; 2
21212121 (C) any reprogramming and transfer noti-3
21222122 fication pursuant to section 503 of this Act; 4
21232123 and 5
21242124 (D) such budget materials shall include— 6
21252125 (i) the most recent bimonthly esti-7
21262126 mates developed pursuant to subsection 8
21272127 (a); 9
21282128 (ii) a description and quantification of 10
21292129 the estimates used to justify funding re-11
21302130 quests for Department programs related to 12
21312131 border security, immigration enforcement, 13
21322132 and immigration services; 14
21332133 (iii) a description and quantification 15
21342134 of the anticipated workload and require-16
21352135 ments resulting from such estimates; and 17
21362136 (iv) a confirmation as to whether the 18
21372137 budget requests for impacted agencies were 19
21382138 developed using the same estimates. 20
21392139 (c) The Secretary shall share the bimonthly estimates 21
21402140 developed pursuant to subsection (a) with the Secretary 22
21412141 of Health and Human Services, the Attorney General, the 23
21422142 Secretary of State, and the Committees on Appropriations 24
21432143 of the Senate and the House of Representatives. 25 82
21442144 •S 2625 RS
21452145 SEC. 539. Section 210G(i) of the Homeland Security 1
21462146 Act of 2002 (6 U.S.C. 124n(i)) shall be applied by sub-2
21472147 stituting ‘‘September 30, 2024’’ for ‘‘the date that is 4 3
21482148 years after the date of enactment of this section’’. 4
21492149 S
21502150 EC. 540. Each amount designated in this Act by the 5
21512151 Congress as an emergency requirement pursuant to sec-6
21522152 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer-7
21532153 gency Deficit Control Act of 1985 shall be available (or 8
21542154 rescinded, if applicable) only if the President subsequently 9
21552155 so designates all such amounts and transmits such des-10
21562156 ignations to the Congress. 11
21572157 S
21582158 EC. 541. Section 401(b) of the Illegal Immigration 12
21592159 Reform and Immigrant Responsibility Act of 1996 (8 13
21602160 U.S.C. 1324a note) shall be applied by substituting ‘‘Sep-14
21612161 tember 30, 2024’’ for ‘‘September 30, 2015’’. 15
21622162 S
21632163 EC. 542. Subclauses (II) and (III) of section 16
21642164 101(a)(27)(C)(ii) of the Immigration and Nationality Act 17
21652165 (8 U.S.C. 1101(a)(27)(C)(ii)) shall be applied by sub-18
21662166 stituting ‘‘September 30, 2024’’ for ‘‘September 30, 19
21672167 2015’’. 20
21682168 S
21692169 EC. 543. Notwithstanding the numerical limitation 21
21702170 set forth in section 214(g)(1)(B) of the Immigration and 22
21712171 Nationality Act (8 U.S.C. 1184(g)(1)(B)), the Secretary 23
21722172 of Homeland Security, after consultation with the Sec-24
21732173 retary of Labor, and upon determining that the needs of 25 83
21742174 •S 2625 RS
21752175 American businesses cannot be satisfied during fiscal year 1
21762176 2024 with United States workers who are willing, quali-2
21772177 fied, and able to perform temporary nonagricultural labor, 3
21782178 may increase the total number of aliens who may receive 4
21792179 a visa under section 101(a)(15)(H)(ii)(b) of such Act (8 5
21802180 U.S.C. 1101(a)(15)(H)(ii)(b)) in such fiscal year above 6
21812181 such limitation by not more than the highest number of 7
21822182 H–2B nonimmigrants who participated in the H–2B re-8
21832183 turning worker program in any fiscal year in which return-9
21842184 ing workers were exempt from such numerical limitation. 10
21852185 S
21862186 EC. 544. Section 220(c) of the Immigration and Na-11
21872187 tionality Technical Corrections Act of 1994 (8 U.S.C. 12
21882188 1182 note) shall be applied by substituting ‘‘September 13
21892189 30, 2024’’ for ‘‘September 30, 2015’’. 14
21902190 (RESCISSIONS OF FUNDS) 15
21912191 S
21922192 EC. 545. Of the funds appropriated to the Depart-16
21932193 ment of Homeland Security, the following funds are here-17
21942194 by rescinded from the following accounts and programs 18
21952195 in the specified amounts: Provided, That no amounts may 19
21962196 be rescinded from amounts that were designated by the 20
21972197 Congress as an emergency requirement pursuant to a con-21
21982198 current resolution on the budget or the Balanced Budget 22
21992199 and Emergency Deficit Control Act of 1985: 23
22002200 (1) $1,473,000 from the unobligated balances 24
22012201 available in the ‘‘U.S. Customs and Border Protec-25 84
22022202 •S 2625 RS
22032203 tion—Procurement, Construction, and Improve-1
22042204 ments’’ account (70 X 0532). 2
22052205 (2) $1,842,000 from the unobligated balances 3
22062206 available in the ‘‘U.S. Customs and Border Protec-4
22072207 tion—Border Security Fencing, Infrastructure, and 5
22082208 Technology’’ account (70 X 0533). 6
22092209 (3) $452,000 from the unobligated balances 7
22102210 available in the ‘‘U.S. Customs and Border Protec-8
22112211 tion—Air and Marine Interdiction, Operations, 9
22122212 Maintenance, and Procurement’’ account (70 X 10
22132213 0544). 11
22142214 (4) $1,000,000 from the unobligated balances 12
22152215 available in the ‘‘U.S. Immigration and Customs En-13
22162216 forcement—Operations and Support’’ account (70 14
22172217 23/24 0540). 15
22182218 (5) $2,092,841 from the unobligated balances 16
22192219 available in the ‘‘U.S. Immigration and Customs En-17
22202220 forcement—Operations and Support’’ account (70 X 18
22212221 0540). 19
22222222 (6) $10,439 from the unobligated balances 20
22232223 available in the ‘‘U.S. Immigration and Customs En-21
22242224 forcement—Automation Modernization’’ account (70 22
22252225 X 0543). 23
22262226 (7) $63,591,000 from the unobligated balances 24
22272227 available in the ‘‘Transportation Security Adminis-25 85
22282228 •S 2625 RS
22292229 tration—Operations and Support’’ account (70 X 1
22302230 0550). 2
22312231 (8) $22,600,000 from the unobligated balances 3
22322232 available in the ‘‘Coast Guard—Acquisition, Con-4
22332233 struction, and Improvements’’ account (70 X 0613). 5
22342234 (9) $2,400,000 from the unobligated balances 6
22352235 available in the ‘‘United States Secret Service—Op-7
22362236 erations and Support’’ account (70 X 0400). 8
22372237 (10) $4,000,000 from the unobligated balances 9
22382238 available in the ‘‘United States Secret Service—Pro-10
22392239 curement, Construction, and Improvements’’ account 11
22402240 (70 23/25 0401). 12
22412241 (11) $3,500,000 from the unobligated balances 13
22422242 available in the ‘‘Cybersecurity and Infrastructure 14
22432243 Security Agency—Procurement, Construction, and 15
22442244 Improvements’’ account (70 23/27 0412). 16
22452245 (12) $800,000 from the unobligated balances 17
22462246 available in the ‘‘Federal Law Enforcement Training 18
22472247 Centers—Procurement, Construction, and Improve-19
22482248 ments’’ account (70 20/24 0510). 20
22492249 (13) $900,000 from the unobligated balances 21
22502250 available in the ‘‘Science and Technology Direc-22
22512251 torate—Operations and Support’’ account (70 X 23
22522252 0800). 24 86
22532253 •S 2625 RS
22542254 (14) $388,522 from the unobligated balances 1
22552255 available in the ‘‘Countering Weapons of Mass De-2
22562256 struction Office—Research and Development’’ ac-3
22572257 count (70 22/24 0860). 4
22582258 (15) $11,478 from the unobligated balances 5
22592259 available in the ‘‘Countering Weapons of Mass De-6
22602260 struction Office—Research and Development’’ ac-7
22612261 count (70 X 0860). 8
22622262 This Act may be cited as the ‘‘Department of Home-9
22632263 land Security Appropriations Act, 2024’’. 10 Calendar No.
22642264 188
22652265 118
22662266 TH
22672267 CONGRESS
22682268 1
22692269 ST
22702270 S
22712271 ESSION
22722272
22732273 S. 2625
22742274 [Report No. 118–85]
22752275 A BILL
22762276 Making appropriations for the Department of
22772277 Homeland Security for the fiscal year ending
22782278 September 30, 2024, and for other purposes.
22792279 J
22802280 ULY
22812281 27, 2023
22822282 Read twice and placed on the calendar