[Congressional Record Volume 169, Number 157 (Wednesday, September 27, 2023)]
[House]
[Pages H4628-H4649]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2024
General Leave
Mr. JOYCE of Ohio. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days to revise and extend their remarks
and to include extraneous material on H.R. 4367, and that I may include
tabular material on the same.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Ohio?
There was no objection.
The SPEAKER pro tempore. Pursuant to House Resolution 723 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the consideration of the bill, H.R. 4367.
The Chair appoints the gentleman from Idaho (Mr. Fulcher) to preside
over the Committee of the Whole.
{time} 1459
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 4367) making appropriations for the Department of Homeland
Security for the fiscal year ending September 30, 2024, and for other
purposes, with Mr. Fulcher in the chair.
The Clerk read the title of the bill.
The Acting CHAIR. Pursuant to the rule, the bill is considered read
the first time.
General debate shall be confined to the bill and shall not exceed 1
hour equally divided and controlled by the chair and ranking minority
member of the Committee on Appropriations or their respective
designees.
The gentleman from Ohio (Mr. Joyce) and the gentleman from Texas (Mr.
Cuellar) each will control 30 minutes.
The Chair recognizes the gentleman from Ohio.
{time} 1500
Mr. JOYCE of Ohio. Mr. Chair, I yield myself such time as I may
consume.
Mr. Chair, I begin by thanking the chairwoman of the full committee,
Ms. Granger, for her leadership and her tireless efforts to bring these
appropriation bills to the floor.
I also thank the ranking member of the subcommittee, my good friend,
Mr. Cuellar, who has worked with us in good faith on the bill despite
some disagreements on policy.
Lastly, I have enjoyed my time sitting next to the ranking member of
the full committee, the gentlewoman from Connecticut, not once, but
twice in the last few days.
The bill before us today provides $62.8 billion for the Department of
Homeland Security, an increase of $2.1 billion above the fiscal year
2023 level.
In addition, the bill also includes $20.3 billion for disaster
response and recovery activities, including to support communities
after the devastating wildfires in Maui and Hurricane Idalia.
One of the most pressing challenges this country faces is a border
security crisis that has raged under the Biden administration. Two
million migrants illegally crossed the border in each of
[[Page H4629]]
the last 2 years, and we are on track for that same amount this year.
Just yesterday alone, there were 11,000 migrant encounters. Let me
repeat that--nearly 11,000 migrant encounters in 1 day.
Regardless of your definition of border security, it is clear that
the policies of this administration are not working. The reason is
obvious. The White House is sending a message to cartels and migrants
that the border is open, and there will be no consequences if you cross
illegally.
This bill forces the Biden administration to do what it has not and
will not do on its own--act to address the border security crisis. The
funding and policy provisions included in this bill are in lockstep
with the provisions of H.R. 2, which together will put us on a path to
securing the border.
Unlike recent Homeland Security appropriations bills and the
President's request, this bill returns to a tried-and-true border
security approach by investing in methods to both secure the border and
deter those who have no legitimate basis for entry.
This bill includes $2.1 billion for physical barriers with explicit
conditions that the funds be put on contract quickly. The chief of the
Border Patrol and other border security professionals have confirmed
time and time again that walls work.
The bill also provides nearly $500 million to hire more Border Patrol
agents to reach an end strength of 22,000 agents. The bill increases
funding levels for border security technology, so our agents and
officers have the latest, most effective equipment to detect and deter
illegal activity.
Stopping fentanyl and other narcotics that have been ravaging our
communities is a priority for all of us, so this bill provides $305
million for nonintrusive inspection equipment at our Nation's ports of
entry. Detention is a deterrent to those who seek to abuse our
immigration system and falsely claim asylum.
As a result, the bill provides funding for 41,500 detention beds,
which is 16,500 more than this administration requested, to ensure that
ICE has adequate capacity to detain those with final removal orders or
who pose a risk to public safety, as well as migrants who illegally
cross our borders.
To counter the growing strength of Chinese influence in the Indo-
Pacific, the bill provides an additional $335 million to the Coast
Guard for fast-response cutters. Also, to increase our presence in the
Arctic, the bill provides funds for the Coast Guard to acquire a
commercially available icebreaker to extend U.S. sovereignty and
counter China and Russian expansion into the polar regions.
Simply put, the bill before us today ensures that the men and women
of the Department of Homeland Security, who work tirelessly on our
behalf, have the resources and the tools that they need to protect this
great Nation.
Mr. Chair, I urge my colleagues to support this bill, and I reserve
the balance of my time.
Mr. CUELLAR. Mr. Chair, I yield myself such time as I may consume.
First of all, I thank Chairwoman Kay Granger and Ranking Member
DeLauro for working together as much as possible. I certainly would
thank our chairman, David Joyce. I know we have some disagreements,
but at the end of this process, we are going to be working together
making sure that the Homeland Security bill passes in a bipartisan way.
Democrats and Republicans had a deal when we passed the debt bill
some months ago. Now our colleagues, the House Republicans, are backing
away from this deal and yielding to some extreme demands that will not
help border security.
Now the House remains in chaos as the Republicans have been
infighting and that will all but guarantee a government shutdown at the
hands of the far right in just a few days. Instead of working on a
bipartisan continuing resolution that will keep the government open,
one that will pass both Chambers and be signed into law, we are here
talking about bills that are not going to go very far in the Senate.
Again, I want to make sure that people understand that we want to
work together. We want to make this a bipartisan bill to get it done.
As the ranking member of Appropriations Homeland Security
Subcommittee and as a Member that actually lives on the border, I am
very concerned about ensuring that the border is secure and that the
Department has the resources it needs to do that successfully. Instead
of that, what are we doing? If we have a shutdown, we are going to have
over 226 folks, employees from the Department of Homeland Security,
that are going to continue to work for a period of time and not get
paid, and, again, that is not the way to create morale for our Border
Patrol and other agents that we have down there at the border.
I strongly support the hiring of additional agents, but, if there is
a shutdown, what is going to happen is that this will prevent us from
onboarding the anticipated 150 additional agents in October. It would
also stop the recruitment and vetting efforts that impact CBP ability
to onboard additional agents later on. We cannot have a shutdown, and
we have got to make sure that we work together to prevent the shutdown
itself.
Now, if you look at the bill itself, the proposed bill, let's look at
a couple of things. Yes, we did have some bipartisan investments and
oversight requirements that we worked together on, but there are
certain funding decisions and policy riders that I cannot support at
this moment.
We have to understand the border. Some of my colleagues don't
understand the border, and they call it a war zone. If my colleagues
look at the criminal records or the criminal figures that we have,
whether it is murder, rape, assault, the border is actually safer than
so many other parts of the country. In fact, Washington, D.C., is about
two or three times more dangerous, if you want to look at those
figures, than the border community.
Now, when it comes to migration issues, yes, we do have a problem,
and we do need to address it, but I think we need to stop playing
defense on the 1-yard line, which is the U.S.-Mexico border.
What we need to do is extend the perimeter where we can work with
partners like Mexico, Central America, South America to make sure that
we provide that perimeter and stop folks before they come over to our
border itself. This bill has some very outdated strategies, and one of
them I know doesn't work, and I will call that the 14th century
solution to a 21st century problem, which is the border wall. We are
spending $2.1 billion, or we intend to spend $2.1 billion on a wall
that really doesn't stop. If I can show you some of the figures, I will
explain why.
If you look at the border wall, you will see that the fence is in
many parts of the border itself, but if you see the heat maps where
people are coming into the border, it is usually where the border fence
is at.
If I can show south Texas as an example, you will see that, in south
Texas, you have a fence, and if you see the heat map, we have a fence
here, we have a fence here, we have a fence here, we have a fence
there, we have a fence there, and so on, but the activity is where the
fence is at.
Let me explain why. If you look at the fence, we have a river. The
middle of the river is actually the U.S. boundary with Mexico. We don't
have a fence there. If you look at the riverbanks, we don't have a
fence there also because it is going to get washed away.
What we do is we actually put a fence about a quarter of a mile or
sometimes even a half a mile away, and what happens, you see the fence
here, the one in the red itself, and then you see the river over here.
Instead of having a fence over here, it is actually put a quarter mile
or a mile away. Therefore, what happens when you have this situation?
Well, first of all, if you are asking for asylum, like most people
are asking, you are going to see people that will touch the riverbank.
They walked half a mile or a quarter of a mile to the fence over here
and asked for asylum, so does the fence stop them? No, it doesn't.
If you asked all those landowners, they will say, you are ceding away
thousands and thousands of acres of good farming land, good ranching
land, because you put the fence here and the river is over here.
Again, if you want to stop drugs, I know we added some money for
technology, but we have got to have the money at the ports of entry
where 90 to
[[Page H4630]]
94 percent of the meth, the fentanyl, the cocaine are coming in,
instead of through this particular area
Again, this bill also has no funding for USCIS that would help reduce
the backlog of the migration, so the people that have been waiting for
a while, we are not putting any resources in for the USCIS. We have got
to make sure that we help the folks who are trying to come in the legal
way.
We do lose a lot of opportunities. We can do a lot more to add money
to counter the fentanyl, the opioids. Again, most drugs will come in
through the ports of entry, and that is where we need to put the focus.
Finally, also, we should have an updated border security improvement
plan.
Again, I certainly want to work with my good friend, Mr. Joyce. We
are going to be together later on in the process. I know we have got
some disagreements, but we will get there.
With that, I hope that we have a good bipartisan bill at the end of
the process.
Mr. Chair, I reserve the balance of my time.
Mr. JOYCE of Ohio. Mr. Chair, I yield 2 minutes to the gentlewoman
from Iowa (Mrs. Hinson), a distinguished member of our Appropriations
Committee.
Mrs. HINSON. Mr. Chair, I rise in support of the fiscal year 2024
Homeland Security Appropriations bill that will help to secure our
border.
Since President Biden took office, there have been over 6 million
illegal immigrant encounters at our southern border, and because of
President Biden's open-border policies, we have seen countless illegal
immigrants, including known people on the terror watch list, violent
gang members and sex offenders released into the homeland. With this
bill, we are finally doing what President Biden won't. We are securing
our border.
My colleagues and I have been to the border, something the President
hasn't bothered to do. We have spoken with law enforcement on the front
lines. These brave men and women told us directly that this
administration has undercut them at every turn and that they needed
more resources to deter illegal immigration rather than incentivize it.
While their pleas seem to have fallen on deaf ears at the White
House, we here as House Republicans have heard them loud and clear. In
this bill, we deliver for them and for every State that, as a result of
these policies, has become a border State.
We are restoring border security technology funding to its highest
level. We are funding the 22,000 Border Patrol agents that CBP
requested, and we are finally restarting border wall construction
instead of letting those materials that taxpayers paid for rust away on
the side of the road.
We are fully funding ICE detention capacity as a deterrent, and we
are providing funding to deport illegal immigrants. Our southern border
is a lawless free-for-all under the Biden administration, undermining
the safety and security of Iowans and every American.
This bill delivers on our promise to secure the border and keep
America safe, so let's shut down our border, and let's keep our
government open and move this bill forward.
Mr. CUELLAR. Mr. Chair, I yield 1 minute to the gentleman from New
York (Mr. Jeffries), the distinguished Democratic leader.
Mr. JEFFRIES. Mr. Chair, I thank my good friend, the distinguished
gentleman from the great State of Texas and the all-American city of
Laredo for yielding and for his continued leadership.
I also have great respect for the distinguished gentleman from Ohio,
the chair of the subcommittee, and of course the top Democrat on the
Appropriations Committee from Connecticut.
At the beginning of this Congress, House Democrats made it clear that
we are willing, ready, and able to find common ground with the other
side of the aisle, our Republican colleagues, whenever and wherever
possible, to make progress for everyday Americans, to build a healthy
economy, to address cost-of-living issues that consume the American
people that we were sent to Washington to work on, that President Biden
has made progress on with House and Senate Democrats, but of course,
there is still more work to be done.
From the beginning of this Congress, House Democrats have made clear
we are ready, willing, and able to find common ground with the other
side of the aisle, to make progress for the American people, but we
have also made it clear that we are going to fight extremism whenever
necessary. We are headed toward an extreme MAGA Republican government
shutdown in just a few days.
Now, we can avoid it, because there is a bipartisan bill that is
working its way through the Senate right now that will continue to fund
the government in a way that makes sense for the American people, that
would provide funding at the fiscal year 2023 levels for 6 weeks
beginning on October 1st, to give us time for the appropriations
process to run its course, to find an agreement to fund the government
in a bipartisan way.
It is a continuing resolution right now pending before the Senate,
strongly bipartisan, that doesn't contain any of the extreme policy
poison-pill riders that House Republicans have been trying to jam down
the throats of the American people but have no part in any bipartisan
agreement, particularly when we are faced with a possible government
shutdown that will hurt the American people.
It is a continuing resolution that also meets the needs of everyday
Americans by providing robust funding for Americans who have been
adversely impacted by extreme weather events all across America in blue
States and in red States, because extreme weather events aren't
partisan in nature, and we should be there for the people of Florida
and California and Hawaii and Vermont and the Northeast and the Midwest
and the Deep South, those everyday Americans who have been impacted by
extreme weather events.
That is what the bipartisan continuing resolution pending in the
Senate will do, and it will allow the Ukrainian people to continue
their brave, valiant, and courageous effort to push back against
illegal Russian brutal, violent aggression.
We have a bipartisan continuing resolution working its way through
the Senate that meets the needs of the American people. It has input
from those of us in this Chamber and that will pass if it reaches the
floor of this Chamber and would avoid an extreme MAGA Republican
shutdown.
Just yesterday, a bipartisan group in the Senate voted, I believe,
77-19 to advance this bipartisan continuing resolution. It will reach
the floor of the House in a few days.
The question is: What will the House Republican majority do? There
are only two paths forward: Allow that bipartisan continuing resolution
that meets the needs of the American people to receive an up or down
vote, and it will pass and we will avoid a shutdown, or refuse to allow
that bill to receive an up or down vote and stick the American people
with an extreme MAGA Republican government shutdown that will hurt
children, hurt families, hurt seniors, hurt veterans, hurt everyday
Americans, and hurt the economy.
If we find ourselves dealing with an extreme MAGA Republican
shutdown, what will it all be for? Well, this week is very revealing,
because we are considering bills, including the one that is before us
right now, that have zero chance of becoming law--zero chance--and they
are filled with extreme policy poison pills relating to things like
cutting Social Security; criminalizing abortion care; slashing public
school funding; taking food out of the mouths of women, infants, and
children; hurting the ability of veterans and seniors to make ends
meet.
That is why the government will shut down, because extreme MAGA
Republicans have determined that it needs to try to jam rightwing
ideology down the throats of the American people, and, if we don't pay
that ransom note, you want to shut the government down.
We know this playbook because we have seen it over and over again. We
saw it in the 1990s under Newt Gingrich when the House Republican
majority at the time shut the government down twice, demanding that we
slash and burn Medicaid. Well, that government shutdown ended with an
unconditional surrender, because the American people were unwilling to
pay that ransom note to slash and burn Medicaid.
The same thing happened in 2013 when the Tea Party forced a reluctant
John Boehner to shut the government down for 14 days. What was the
extreme ransom note demand at the
[[Page H4631]]
time? That President Obama should repeal the Affordable Care Act, his
signature legislative accomplishment. It ended the same way, an
unconditional surrender, because the American people were unwilling to
pay the extreme ransom note.
Then, again, in 2018 into 2019, another government shutdown, longest
in American history, 35 days. What was the extreme ransom note demand
at the time? That the American taxpayer be forced to pay billions and
billions of dollars to fund a medieval, ineffective border wall that
Donald Trump wanted to make happen. That government shutdown ended
exactly the same way after 35 days--unconditional surrender, because
the American people were unwilling to pay that extreme ransom note.
Why are we going through this exercise again when we know it is going
to end the same way? Because the American people are not willing to pay
a ransom note that will allow my extreme Republican colleagues to
criminalize abortion care or to cut Social Security or to slash public
school funding or to take food out of the mouths of women or infants or
children. That is not a ransom note that will ever be paid.
You have a bipartisan vehicle coming out of the Senate that will be
before the House in a few days, and there is only one responsible
course of action. House Democrats are prepared to support that
bipartisan agreement so we can avoid a government shutdown that will
hurt the American people, and the only question is: Will our Republican
colleagues join us?
Mr. JOYCE of Ohio. Mr. Chair, I yield 3 minutes to the gentleman from
Georgia (Mr. Collins).
Mr. COLLINS. Mr. Chair, as a Member of Congress, our job description
up here is really short: Just take care of your constituency and just
have oversight of the Federal Government, and we do that through things
called appropriations and hearings. Appropriations are what we are
working on right now.
Well, I want to tell you: The past 9 months, I have been out here
crossing this country attending field hearings. I have also been
speaking with and listening to members of our industries about the
overreach and the out-of-control government agencies that we have up
here, and that is why I rise today.
I rise today to speak about an important issue that, sadly, this bill
is going to fail to address. You see, the National Oceanic and
Atmospheric Administration's boat speed limiter proposed rule, which,
by the way, NOAA is an unauthorized Federal agency, never authorized by
Congress, but NOAA's rule limits the speed now of all boats 35 feet and
longer to 10 knots, and this is up and down almost the entire eastern
seaboard.
Now, they are doing this by claiming that this rule is necessary to
save the North Atlantic whale, which, by what I have been able to find,
they have been able to maintain roughly the same population since the
1980s, so I just wanted to go over a few quick facts.
Now, approximately 15 of these whales have been killed by boats in
the last 18 years. Now, there are approximately 63,000 registered boats
in this 35- to 65-foot length. That is a one in a million--in a
million--chances that you are going to hit one of these whales. If you
do, you are going to come out on the short end of the stick, and they
are going to know it.
This is what is going to happen. This is going to have an $84 billion
economic impact just on the East Coast. Also on the East Coast, 340,000
jobs will be impacted. This rule is not just going to cripple the
boating and sport fishing industry. It is going to crush it, and it is
also going to crush and kill the communities that support them.
Now, I offered an amendment to prohibit the Coast Guard from
enforcing this rule, because I think our Coast Guard has a whole lot
more important things to be out there doing, but, sadly, my amendment
was not made in order.
Therefore, Mr. Chair, I stand today and I urge my colleagues to fight
for language that is going to prevent the Coast Guard from enforcing
this misguided rule during our conference committee.
Mr. JOYCE of Ohio. Mr. Chair, I reserve the balance of my time.
Mr. CUELLAR. Mr. Chair, I yield 4 minutes to the gentlewoman from
Connecticut (Ms. DeLauro), the distinguished ranking member of the
Committee on Appropriations.
Ms. DeLAURO. Mr. Chair, the Homeland Security Appropriations bill
before us weakens our national security, defunds border security, harms
the Homeland Security workforce, and leaves Americans vulnerable to
escalating disasters. That we are debating this bill on September 27, 3
days before the end of the fiscal year, when House Republicans have
provided no path forward to keep our government open is irresponsible.
The House majority has exhibited their own inability and
unwillingness to govern by ensuring this bill cannot become law without
other partisan legislation moving first, but it cannot become law.
Rather than voting to keep our government open and ensuring border
protection officers and immigration officials get paid, Republicans are
pursuing a path explicitly designed to shut down the Federal
Government. A shutdown will have consequences for every American family
and on the border and border communities.
Mr. Chair, Democrats do not support an open border, but let me be
unequivocal. There is a crisis on our southern border. Our border
communities are struggling with the influx of immigration. The status
quo cannot be maintained. That much, we agree on.
Where the majority and minority differ is how we address this issue.
We must continue to invest in our processing facilities and in
transportation and medical care. We need to have an effective process
of determining who is eligible to enter the country and who is not.
We must continue to invest in newer technology and in our immigration
and border security officials and invest in immigration judges, but we
must also think bigger, broader, bolder. We cannot hope to resolve this
issue if we only begin addressing it right at the border.
We must invest in our partnerships with Latin-American countries and
fund the expansion of safe mobility offices. Our Republican colleagues
refuse to negotiate with Democrats on these issues. We were kept on the
sidelines, and, thus, this bill does not make the sound investments
that would actually reduce the burden on our border facilities and our
communities.
This bill misses important opportunities to address the dire opioid
crisis that we face as a Nation. It provides insufficient funding for
our ports of entry where the vast majority of these drugs enter our
country.
We should be focusing resources where we agree they are needed most,
like combating fentanyl crossing the border, helping our border
communities, advancing our cybersecurity posture, protecting Americans
from violent extremism and foreign adversaries.
I am also deeply concerned about the conditions that greet migrants
and asylum seekers, people who leave their homes out of desperation and
necessity. We have a responsibility to ensure the safety of these
migrants, especially children, and to provide resources so that those
who are entitled to stay under our immigration laws can do so.
{time} 1530
Please understand, by law the United States is required to take in
unaccompanied children from neighboring countries, screen them, house
them, and provide safe placement.
This bill leaves Americans vulnerable to the growing number and
increasing severity of natural disasters, exposes Americans to foreign
threats with inadequate cyber and infrastructure security investments,
and does not fully fund the Transportation Security Administration
personnel.
House Republicans claim to care about oversight, but this bill
proposes several cuts to programs throughout the Department of Homeland
Security which are critical to the oversight of our immigration
facilities.
This bill also eliminates discretionary funding for refugee
processing. It shifts the burden of those costs to an already
backlogged and overwhelmed system.
The CHAIR. The time of the gentlewoman has expired.
Mr. CUELLAR. Mr. Chair, I yield an additional 1 minute to the
gentlewoman from Connecticut.
Ms. DeLAURO. Mr. Chair, we all know the enactment of appropriations
[[Page H4632]]
will require bipartisan agreement on sound investments, not reckless
cuts and partisan policy riders.
Let us focus. Let us focus on opening the government and keeping it
open. There is a bipartisan bill in the Senate that we are now
debating--77-19--that is overwhelmingly bipartisan. It will come here.
Let's put that bill up. Get bipartisan support on this floor. Bring
these harmful consequences to the American people to a close.
Don't close the government down.
Mr. JOYCE of Ohio. Mr. Chair, I yield 2 minutes to the gentleman from
Pennsylvania (Mr. Meuser).
Mr. MEUSER. Mr. Chair, I thank Chairman Joyce, my good friend and
colleague from Ohio, very much.
Mr. Chair, I do rise in support of the Homeland appropriations bill.
We all know that our country, our citizens, are in dire need of
stronger Homeland Security.
We know that we have an unmitigated disaster at our borders. Three
years ago, Mr. Chair, we also all know that our borders were, in fact,
secure. Today, almost 10,000 illegals in despair are crossing our
border--not including the so-called got-aways.
Human trafficking and deadly drugs are killing Americans, primarily
our young people, by the tens of thousands.
This bill adds to our Customs and Border Patrol, Mr. Chair, and
provides for border barriers which work and for fentanyl detection.
This bill strengthens our asylum laws and forces Secretary Mayorkas to
do his job. This bill also, Mr. Chair, ceases the ability for HHS
through the DHS funding to send ghost flights into my district in the
middle of the night. That can't happen anymore under this bill.
This bill also provides for our Coast Guard and eliminates over $500
million in go-green initiatives that have absolutely nothing to do with
Homeland Security.
This bill is a vote for our Nation's Homeland Security. A ``no'' vote
is a vote for the status quo.
Mr. Chair, by the way, if we want to keep our government open, we
have a plan. We have a plan to keep our government open, and it
includes border security and reasonable fiscal sanity with some
moderate spending reductions within our discretionary spending.
We, unfortunately, have a handful of Republicans on our side not
supporting it, but every single Democrat does not support securing our
border and moderate reductions to our outrageous spending that is
taking place.
Mr. CUELLAR. Mr. Chair, I yield 1\1/2\ minutes to the gentleman from
Maryland (Mr. Trone), a member of the Appropriations Committee.
Mr. TRONE. Mr. Chair, I thank the gentleman from Texas for yielding.
Here we are, 3 days from a government shutdown voting again on extreme
Republican-led bills that do nothing to prevent it. The ink wasn't even
dry on the bipartisan debt ceiling bill deal before Republican
leadership reneged on their word, reneged on their promise.
Instead, the bills we are considering this week include disastrous
funding cuts and culture war priorities--priorities that apparently
play well in fundraising emails but fail to address our Nation's
problems like the opioid crisis.
This Department of Homeland Security appropriations bill would
dedicate $2 billion in taxpayer money to build a border wall--a 6th
century solution to a 21st century problem, especially considering 90
percent of fentanyl comes to the border at legal points of entry driven
by American citizens.
As a member of this subcommittee, I find this unbelievable.
Across the board, the Republicans' funding bill undercuts our ability
to take care of America today and build a brighter future for our
children and grandchildren.
It is about time the Republicans put the needs of the majority over
the loud few and pass a government funding bill that meets America's
needs.
Campaign season is over.
The CHAIR. The time of the gentleman has expired.
Mr. CUELLAR. Mr. Chair, I yield an additional 15 seconds to the
gentleman from Maryland.
Mr. TRONE. Campaign season is over. It is time to govern. I urge my
colleagues to reject this hyperpartisan bill and pass the bipartisan
Senate bill.
Mr. JOYCE of Ohio. Mr. Chair, I reserve the balance of my time.
Mr. CUELLAR. Mr. Chair, I yield 1 minute to the gentlewoman from
Illinois (Mrs. Ramirez).
Mrs. RAMIREZ. Mr. Chair, as the proud daughter of immigrants, the
wife of a Dreamer, the Representative of a district proud of its
immigrants and how they contribute to our economy, I am disgusted with
the Republicans' relentless persecution and scapegoating of immigrants.
While we should be looking for ways forward to keep providing
essential services for our districts, Republicans want to play games
with lives and livelihoods because of their inability to lead.
They are repeating false claims that the border is open and
conditioning government funding on dangerous and irresponsible requests
that will neither make the border more secure nor protect our security.
There is a dissonance between this party of fiscal responsibility
that is driving us to a shutdown while immigrants--supposedly our
economic downfall--are contributing more than $20.4 billion in taxes
just in Illinois.
With 11 million more immigrants ready to boost our economy through
needed pathways to work, it is time to leave the political theater
behind. People are tired of it. Let's recognize the positive fiscal
contributions of immigrants to our Nation and do the work our
constituents sent us here to do.
Mr. JOYCE of Ohio. Mr. Chair, I yield 1 minute to the gentleman from
Wisconsin (Mr. Grothman).
Mr. GROTHMAN. Mr. Chair, I want to comment a little bit on the last
speech from the other side. They said the vast majority of fentanyl
coming across the border to this country comes from designated points
of entry. You hear that said, but I think what they should say is the
vast majority of fentanyl that we catch comes across from designated
points of entry.
There are--depending on the month--30- or 40,000 people who are got-
aways who come across between designated points of entry. We never
catch them because they are called got-ways, and nobody is monitoring
places that are not designated points of entry.
Clearly, if you want to sneak fentanyl across the border you would do
it between designated points of entry, and it would not show up on any
statistics because we don't catch those people.
Mr. CUELLAR. Mr. Chair, I yield 1 minute to the gentlewoman from
Texas (Ms. Jackson Lee).
Ms. JACKSON LEE. Mr. Chair, I thank the gentleman for yielding. I
said that I would come to the floor and each time I would say that I do
not want a government shutdown. I don't want the American people to
suffer, and I want the government to be able to function.
As an almost 20-year member of the authorizing committee of Homeland
Security, I am stunned at the lack of concern that my friends on the
other side of the aisle would have on the government shutdown on
Homeland Security.
These are extensive government employees, many of them represented by
the American Federation of Government Employees. TSOs, of course, would
continue to work in the Transportation Security Administration, but so
many would be working without compensation.
If we are concerned about the border, I don't know why the Southwest
Border Initiative is out, why money for USCIS is eliminated, why
opportunities for shelter services are eliminated, particularly when we
realize that throngs of people are coming here that aren't having the
ability to apply for asylum.
The CHAIR. The time of the gentlewoman has expired.
Mr. CUELLAR. Mr. Chair, I yield an additional 30 seconds to the
gentlewoman from Texas.
Ms. JACKSON LEE. Mr. Chair, the answer to this, of course, is to give
ourselves more time to address the question of serving the American
people.
I rise, as the leader did, to support the bipartisan Senate
continuing resolution, which maintains current funding, takes care of
communities impacted by natural disasters, and provides funding to
Ukraine and contains no poison pills.
If we are serious about doing the job of keeping this government
open, supporting the hardworking American workers, then we will support
the Senate continuing resolution. We will do it
[[Page H4633]]
tomorrow or the next day and save this Nation.
Do not shut down.
Mr. JOYCE of Ohio. Mr. Chair, I reserve the balance of my time.
Mr. CUELLAR. Mr. Chair, I am prepared to close, and we have no
further speakers.
Mr. Chair and to my good colleague, Mr. Joyce, we are apart right
now. I know we are going to get together, but I do want to remind some
of our colleagues that we had an opportunity under the current bill
that we have right now. We added in the last couple years $2.4 billion.
That is a 15 percent increase for border patrol agents, pay increases,
add more Border Patrol agents, ICE, CBP, the other folks in.
We had the moneys to do that, but at the end of the day--and I will
just take one example--we gave money to Homeland, a 15 percent
increase, yet there are only two Members--when we all voted--on the
Republican side that actually supported the appropriations bill,
Homeland. So if we care so much about Homeland, why did we vote ``no''
on the final appropriations bill?
I know some of us are going to vote ``no,'' and I am voting ``no'' on
this one, but on the final one, I will support the final appropriations
bill.
The other thing is as the Democratic leader, Mr. Jeffries, said, we
have 3 days to work this out, and by passing this bill to the Senate it
is not going to get there. I would just like to remind Members that we
ought to be working on preventing the shutdown.
If you look at the shutdowns that we have had since the 1990s, in
1995 it was a Republican House that had a 5-day shutdown. That was
November 13, 1995. On December 15, 1995, there was another Republican-
led House with 21 days of a shutdown. Then on September 30, 2013,
again, for 16 days it was a Republican-led House that allowed the
shutdown. Then on January 19, 2018, another Republican-led House
shutdown lasted for 2 days. Then on December 21, 2018, there was
another Republican-led House shutdown for 34 days.
So, again, I hope that on Saturday or on Sunday at 12:01 there is not
another Republican-led shutdown. We are asking you please give us
input. Let's sit down. Let's talk about it. I have a lot of respect for
Mr. Joyce and his staff. I know we can do this together. We will be
voting ``no'' on this, but I know at the end of this process we will be
voting together on this on a ``yes'' bill.
Mr. Chair, I yield back the balance of my time.
Mr. JOYCE of Ohio. Mr. Chair, I thought we were here to talk about
the Homeland Security appropriations bill, and I look forward to having
further discussion and reviewing these amendments.
I yield back the balance of my time.
The CHAIR. All time for general debate has expired.
Pursuant to the rule, the bill shall be considered for amendment
under the 5-minute rule. The bill shall be considered as read.
H.R. 4367
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Department of
Homeland Security for the fiscal year ending September 30,
2024, and for other purposes, namely:
TITLE I
DEPARTMENTAL MANAGEMENT, INTELLIGENCE, SITUATIONAL AWARENESS, AND
OVERSIGHT
Office of the Secretary and Executive Management
operations and support
For necessary expenses of the Office of the Secretary and
for executive management for operations and support,
$279,606,000; of which $5,000,000 shall remain available
until September 30, 2025: Provided, That $5,000,000 shall be
withheld from obligation until the Secretary submits, to the
Committees on Appropriations of the House of Representatives
and the Senate, responses to all questions for the record for
each hearing on the fiscal year 2025 budget submission for
the Department of Homeland Security held by such Committees
prior to July 1: Provided further, That $25,000,000 shall be
withheld from obligation until the Secretary submits the
reports required by subsection (g) of section 1092 of the
National Defense Authorization Act for Fiscal Year 2017 (6
U.S.C. 223) and subsection (b) of section 386 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1368).
Management Directorate
operations and support
For necessary expenses of the Management Directorate for
operations and support, $1,695,326,000: Provided, That not
to exceed $2,000 shall be for official reception and
representation expenses.
procurement, construction, and improvements
For necessary expenses of the Management Directorate for
procurement, construction, and improvements, $127,758,000, to
remain available until September 30, 2026.
federal protective service
The revenues and collections of security fees credited to
this account shall be available until expended for necessary
expenses related to the protection of federally owned and
leased buildings and for the operations of the Federal
Protective Service.
Intelligence, Analysis, and Situational Awareness
operations and support
For necessary expenses of the Office of Intelligence and
Analysis and the Office of Homeland Security Situational
Awareness for operations and support, $348,736,000, of which
$105,701,000 shall remain available until September 30, 2025:
Provided, That not to exceed $3,825 shall be for official
reception and representation expenses and not to exceed
$2,000,000 is available for facility needs associated with
secure space at fusion centers, including improvements to
buildings.
Office of Inspector General
operations and support
For necessary expenses of the Office of Inspector General
for operations and support, $228,371,000: Provided, That not
to exceed $300,000 may be used for certain confidential
operational expenses, including the payment of informants, to
be expended at the direction of the Inspector General.
Administrative Provisions
Sec. 101. (a) The Secretary of Homeland Security shall
submit a report not later than October 15, 2024, to the
Inspector General of the Department of Homeland Security
listing all grants and contracts awarded by any means other
than full and open competition during fiscal years 2023 or
2024.
(b) The Inspector General shall review the report required
by subsection (a) to assess departmental compliance with
applicable laws and regulations and report the results of
that review to the Committees on Appropriations of the House
of Representatives and the Senate not later than February 15,
2025.
Sec. 102. Not later than 30 days after the last day of
each month, the Chief Financial Officer of the Department of
Homeland Security shall submit to the Committees on
Appropriations of the House of Representatives and the Senate
a monthly budget and staffing report that includes total
obligations of the Department for that month and for the
fiscal year at the appropriation and program, project, and
activity levels, by the source year of the appropriation.
Sec. 103. (a) The Secretary of Homeland Security, in
consultation with the Secretary of the Treasury, shall notify
the Committees on Appropriations of the House of
Representatives and the Senate of any proposed transfers of
funds available under section 9705(g)(4)(B) of title 31,
United States Code, from the Department of the Treasury
Forfeiture Fund to any agency within the Department of
Homeland Security.
(b) None of the funds identified for such a transfer may be
obligated until the Committees on Appropriations of the House
of Representatives and the Senate are notified of the
proposed transfer.
Sec. 104. All official costs associated with the use of
Government aircraft by Department of Homeland Security
personnel to support official travel of the Secretary and the
Deputy Secretary shall be paid from amounts made available
for the Office of the Secretary.
Sec. 105. (a) The Under Secretary for Management shall
brief the Committees on Appropriations of the House of
Representatives and the Senate not later than 45 days after
the end of each fiscal quarter on all Level 1 and Level 2
acquisition programs on the Master Acquisition Oversight list
between Acquisition Decision Event and Full Operational
Capability, including programs that have been removed from
such list during the preceding quarter.
(b) For each such program, the briefing described in
subsection (a) shall include--
(1) a description of the purpose of the program, including
the capabilities being acquired and the component(s)
sponsoring the acquisition;
(2) the total number of units, as appropriate, to be
acquired annually until procurement is complete under the
current acquisition program baseline;
(3) the Acquisition Review Board status, including--
(A) the current acquisition phase by increment, as
applicable;
(B) the date of the most recent review; and
(C) whether the program has been paused or is in breach
status;
(4) a comparison between the initial Department-approved
acquisition program baseline cost, schedule, and performance
thresholds and objectives and the program's current such
thresholds and objectives, if applicable;
(5) the lifecycle cost estimate, adjusted for comparison to
the Future Years Homeland Security Program, including--
(A) the confidence level for the estimate;
[[Page H4634]]
(B) the fiscal years included in the estimate;
(C) a breakout of the estimate for the prior five years,
the current year, and the budget year;
(D) a breakout of the estimate by appropriation account or
other funding source; and
(E) a description of and rationale for any changes to the
estimate as compared to the previously approved baseline, as
applicable, and during the prior fiscal year;
(6) a summary of the findings of any independent
verification and validation of the items to be acquired or an
explanation for why no such verification and validation has
been performed;
(7) a table displaying the obligation of all program funds
by prior fiscal year, the estimated obligation of funds for
the current fiscal year, and an estimate for the planned
carryover of funds into the subsequent fiscal year;
(8) a listing of prime contractors and major
subcontractors; and
(9) narrative descriptions of risks to cost, schedule, or
performance that could result in a program breach if not
successfully mitigated.
(c) The Under Secretary for Management shall submit each
approved Acquisition Decision Memorandum for programs
described in this section to the Committees on Appropriations
of the House of Representatives and the Senate not later than
five business days after the date of approval of such
memorandum by the Under Secretary for Management or the
designee of the Under Secretary.
Sec. 106. (a) None of the funds made available to the
Department of Homeland Security in this Act or prior
appropriations Acts may be obligated for any new pilot or
demonstration unless the component or office carrying out
such pilot or demonstration has documented the information
described in subsection (c).
(b) Prior to the obligation of any such funds made
available for ``Operations and Support'' for a new pilot or
demonstration, the Under Secretary for Management shall
provide a report to the Committees on Appropriations of the
House of Representatives and the Senate on the information
described in subsection (c).
(c) The information required under subsections (a) and (b)
for a pilot or demonstration shall include the following--
(1) documented objectives that are well-defined and
measurable;
(2) an assessment methodology that details--
(A) the type and source of assessment data;
(B) the methods for, and frequency of, collecting such
data; and
(C) how such data will be analyzed; and
(3) an implementation plan, including milestones, cost
estimates, and implementation schedules, including a
projected end date.
(d) Not later than 90 days after the date of completion of
a pilot or demonstration described in subsection (e) the
Under Secretary for Management shall provide a report to the
Committees on Appropriations of the House of Representatives
and the Senate detailing lessons learned, actual costs, any
planned expansion or continuation of the pilot or
demonstration, and any planned transition of such pilot or
demonstration into an enduring program or operation.
(e) For the purposes of this section, a pilot or
demonstration program is a study, demonstration, experimental
program, or trial that--
(1) is a small-scale, short-term experiment conducted in
order to evaluate feasibility, duration, costs, or adverse
events, and improve upon the design of an effort prior to
implementation of a larger scale effort; and
(2) uses more than 10 full-time equivalents or obligates,
or proposes to obligate, $5,000,000 or more, but does not
include congressionally directed programs or enhancements and
does not include programs that were in operation as of
December 29, 2022.
(f) For the purposes of this section, a pilot or
demonstration does not include any testing, evaluation, or
initial deployment phase executed under a procurement
contract for the acquisition of information technology
services or systems, or any pilot or demonstration carried
out by a non-federal recipient under any financial assistance
agreement funded by the Department.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
operations and support
For necessary expenses of U.S. Customs and Border
Protection for operations and support, including the
transportation of unaccompanied alien minors; the provision
of air and marine support to Federal, State, local, and
international agencies in the enforcement or administration
of laws enforced by the Department of Homeland Security; at
the discretion of the Secretary of Homeland Security, the
provision of such support to Federal, State, and local
agencies in other law enforcement and emergency humanitarian
efforts; the purchase and lease of up to 7,500 (6,500 for
replacement only) police-type vehicles; the purchase,
maintenance, or operation of marine vessels, aircraft, and
unmanned aerial systems; and contracting with individuals for
personal services abroad; $16,241,678,000; of which
$3,274,000 shall be derived from the Harbor Maintenance Trust
Fund for administrative expenses related to the collection of
the Harbor Maintenance Fee pursuant to section 9505(c)(3) of
the Internal Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and
notwithstanding section 1511(e)(1) of the Homeland Security
Act of 2002 (6 U.S.C. 551(e)(1)); of which $700,000,000 shall
be available until September 30, 2025; and of which such sums
as become available in the Customs User Fee Account, except
sums subject to section 13031(f)(3) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c(f)(3)), shall be derived from that account: Provided,
That not to exceed $34,425 shall be for official reception
and representation expenses: Provided further, That not to
exceed $150,000 shall be available for payment for rental
space in connection with preclearance operations: Provided
further, That not to exceed $2,000,000 shall be for awards of
compensation to informants, to be accounted for solely under
the certificate of the Secretary of Homeland Security.
procurement, construction, and improvements
For necessary expenses of U.S. Customs and Border
Protection for procurement, construction, and improvements,
including procurement of physical barriers, marine vessels,
aircraft, and unmanned aerial systems, $2,965,653,000, of
which $741,885,000 shall remain available until September 30,
2026; and of which $2,223,768,000 shall remain available
until September 30, 2028.
U.S. Immigration and Customs Enforcement
operations and support
For necessary expenses of U.S. Immigration and Customs
Enforcement for operations and support, including the
purchase and lease of up to 3,790 (2,350 for replacement
only) police-type vehicles; overseas vetted units, including
stipends for members of such units; and maintenance, minor
construction, and minor leasehold improvements at owned and
leased facilities; $9,758,297,000; of which not less than
$6,000,000 shall remain available until expended for efforts
to enforce laws against forced child labor; of which
$46,696,000 shall remain available until September 30, 2025;
of which not less than $2,000,000 is for paid apprenticeships
for participants in the Human Exploitation Rescue Operative
Child-Rescue Corps; of which not less than $15,000,000 shall
be available for investigation of intellectual property
rights violations, including operation of the National
Intellectual Property Rights Coordination Center; and of
which not less than $5,310,547,000 shall be for enforcement,
detention, and removal operations, including transportation
of unaccompanied alien minors: Provided, That not to exceed
$11,475 shall be for official reception and representation
expenses: Provided further, That not to exceed $10,000,000
shall be available until expended for conducting special
operations under section 3131 of the Customs Enforcement Act
of 1986 (19 U.S.C. 2081): Provided further, That not to
exceed $2,000,000 shall be for awards of compensation to
informants, to be accounted for solely under the certificate
of the Secretary of Homeland Security: Provided further,
That not to exceed $11,216,000 shall be available to fund or
reimburse other Federal agencies for the costs associated
with the care, maintenance, and repatriation of smuggled
aliens unlawfully present in the United States: Provided
further, That not less than $2,000,000 shall be for entering
into new agreements for the delegation of law enforcement
authority authorized under section 287(g) of the Immigration
and Nationality Act: Provided further, That funding made
available under this heading shall maintain a level of not
less than 41,500 detention beds through September 30, 2024.
procurement, construction, and improvements
For necessary expenses of U.S. Immigration and Customs
Enforcement for procurement, construction, and improvements,
$50,520,000, of which $35,420,000 shall remain available
until September 30, 2026, and of which $15,100,000 shall
remain available until September 30, 2028.
Transportation Security Administration
operations and support
For necessary expenses of the Transportation Security
Administration for operations and support, $10,118,131,000,
of which $600,000,000 shall remain available until September
30, 2025: Provided, That not to exceed $7,650 shall be for
official reception and representation expenses: Provided
further, That security service fees authorized under section
44940 of title 49, United States Code, shall be credited to
this appropriation as offsetting collections and shall be
available only for aviation security: Provided further, That
the sum appropriated under this heading from the general fund
shall be reduced on a dollar-for-dollar basis as such
offsetting collections are received during fiscal year 2024
so as to result in a final fiscal year appropriation from the
general fund estimated at not more than $7,498,131,000.
procurement, construction, and improvements
For necessary expenses of the Transportation Security
Administration for procurement, construction, and
improvements, $130,340,000, to remain available until
September 30, 2026.
research and development
For necessary expenses of the Transportation Security
Administration for research
[[Page H4635]]
and development, $33,532,000, to remain available until
September 30, 2025.
Coast Guard
operations and support
For necessary expenses of the Coast Guard for operations
and support including the Coast Guard Reserve; purchase or
lease of not to exceed 25 passenger motor vehicles, which
shall be for replacement only; purchase or lease of small
boats for contingent and emergent requirements (at a unit
cost of not more than $700,000) and repairs and service-life
replacements, not to exceed a total of $31,000,000; purchase,
lease, or improvements of boats necessary for overseas
deployments and activities; payments pursuant to section 156
of Public Law 97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and
recreation and welfare; $10,222,488,000, of which
$530,000,000 shall be for defense-related activities; of
which $24,500,000 shall be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(5)); of which $20,000,000 shall remain available
until September 30, 2026; of which $24,717,000 shall remain
available until September 30, 2028, for environmental
compliance and restoration; and of which $100,000,000 shall
remain available until September 30, 2025, which shall only
be available for vessel depot level maintenance: Provided,
That not to exceed $23,000 shall be for official reception
and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Coast Guard for procurement,
construction, and improvements, including aids to navigation,
shore facilities (including facilities at Department of
Defense installations used by the Coast Guard), and vessels
and aircraft, including equipment related thereto,
$1,981,194,000, to remain available until September 30, 2028;
of which $20,000,000 shall be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(5)).
research and development
For necessary expenses of the Coast Guard for research and
development; and for maintenance, rehabilitation, lease, and
operation of facilities and equipment; $7,476,000, to remain
available until September 30, 2026, of which $500,000 shall
be derived from the Oil Spill Liability Trust Fund to carry
out the purposes of section 1012(a)(5) of the Oil Pollution
Act of 1990 (33 U.S.C. 2712(a)(5)): Provided, That there may
be credited to and used for the purposes of this
appropriation funds received from State and local
governments, other public authorities, private sources, and
foreign countries for expenses incurred for research,
development, testing, and evaluation.
retired pay
For retired pay, including the payment of obligations
otherwise chargeable to lapsed appropriations for this
purpose, payments under the Retired Serviceman's Family
Protection and Survivor Benefits Plans, payment for career
status bonuses, payment of continuation pay under section 356
of title 37, United States Code, concurrent receipts, combat-
related special compensation, and payments for medical care
of retired personnel and their dependents under chapter 55 of
title 10, United States Code, $1,147,244,000, to remain
available until expended.
United States Secret Service
operations and support
For necessary expenses of the United States Secret Service
for operations and support, including purchase of not to
exceed 652 vehicles for police-type use; hire of passenger
motor vehicles; purchase of motorcycles made in the United
States; hire of aircraft; rental of buildings in the District
of Columbia; fencing, lighting, guard booths, and other
facilities on private or other property not in Government
ownership or control, as may be necessary to perform
protective functions; conduct of and participation in
firearms matches; presentation of awards; conduct of
behavioral research in support of protective intelligence and
operations; payment in advance for commercial accommodations
as may be necessary to perform protective functions; and
payment, without regard to section 5702 of title 5, United
States Code, of subsistence expenses of employees who are on
protective missions, whether at or away from their duty
stations; $2,949,463,000; of which $114,599,000 shall remain
available until September 30, 2025, and of which $6,000,000
shall be for a grant for activities related to investigations
of missing and exploited children; and of which up to
$30,000,000 may be for calendar year 2023 premium pay in
excess of the annual equivalent of the limitation on the rate
of pay contained in section 5547(a) of title 5, United States
Code, pursuant to section 2 of the Overtime Pay for
Protective Services Act of 2016 (5 U.S.C. 5547 note), as last
amended by Public Law 116-269: Provided, That not to exceed
$19,125 shall be for official reception and representation
expenses: Provided further, That not to exceed $100,000
shall be to provide technical assistance and equipment to
foreign law enforcement organizations in criminal
investigations within the jurisdiction of the United States
Secret Service.
procurement, construction, and improvements
For necessary expenses of the United States Secret Service
for procurement, construction, and improvements, $61,098,000,
to remain available until September 30, 2026.
research and development
For necessary expenses of the United States Secret Service
for research and development, $4,217,000, to remain available
until September 30, 2025.
Administrative Provisions
Sec. 201. Section 201 of the Department of Homeland
Security Appropriations Act, 2018 (division F of Public Law
115-141), related to overtime compensation limitations, shall
apply with respect to funds made available in this Act in the
same manner as such section applied to funds made available
in that Act, except that ``fiscal year 2024'' shall be
substituted for ``fiscal year 2018''.
Sec. 202. Funding made available under the headings ``U.S.
Customs and Border Protection--Operations and Support'' and
``U.S. Customs and Border Protection--Procurement,
Construction, and Improvements'' shall be available for
customs expenses when necessary to maintain operations and
prevent adverse personnel actions in Puerto Rico and the U.S.
Virgin Islands, in addition to funding provided by sections
740 and 1406i of title 48, United States Code.
Sec. 203. As authorized by section 601(b) of the United
States-Colombia Trade Promotion Agreement Implementation Act
(Public Law 112-42), fees collected from passengers arriving
from Canada, Mexico, or an adjacent island pursuant to
section 13031(a)(5) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall be
available until expended.
Sec. 204. (a) For an additional amount for ``U.S. Customs
and Border Protection--Operations and Support'', $31,000,000,
to remain available until expended, to be reduced by amounts
collected and credited to this appropriation in fiscal year
2024 from amounts authorized to be collected by section
286(i) of the Immigration and Nationality Act (8 U.S.C.
1356(i)), section 10412 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8311), and section 817 of
the Trade Facilitation and Trade Enforcement Act of 2015
(Public Law 114-125), or other such authorizing language.
(b) To the extent that amounts realized from such
collections exceed $31,000,000, those amounts in excess of
$31,000,000 shall be credited to this appropriation, to
remain available until expended.
Sec. 205. None of the funds made available in this Act for
U.S. Customs and Border Protection may be used to prevent an
individual not in the business of importing a prescription
drug (within the meaning of section 801(g) of the Federal
Food, Drug, and Cosmetic Act) from importing a prescription
drug from Canada that complies with the Federal Food, Drug,
and Cosmetic Act: Provided, That this section shall apply
only to individuals transporting on their person a personal-
use quantity of the prescription drug, not to exceed a 90-day
supply: Provided further, That the prescription drug may not
be--
(1) a controlled substance, as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
Sec. 206. (a) Notwithstanding any other provision of law,
none of the funds provided in this or any other Act shall be
used to approve a waiver of the navigation and vessel-
inspection laws pursuant to section 501(b) of title 46,
United States Code, for the transportation of crude oil
distributed from and to the Strategic Petroleum Reserve until
the Secretary of Homeland Security, after consultation with
the Secretaries of the Departments of Energy and
Transportation and representatives from the United States
flag maritime industry, takes adequate measures to ensure the
use of United States flag vessels.
(b) The Secretary shall notify the Committees on
Appropriations of the House of Representatives and the
Senate, the Committee on Transportation and Infrastructure of
the House of Representatives, and the Committee on Commerce,
Science, and Transportation of the Senate within 2 business
days of any request for waivers of navigation and vessel-
inspection laws pursuant to section 501(b) of title 46,
United States Code, with respect to such transportation, and
the disposition of such requests.
Sec. 207. (a) Beginning on the date of enactment of this
Act, the Secretary of Homeland Security shall not--
(1) establish, collect, or otherwise impose any new border
crossing fee on individuals crossing the Southern border or
the Northern border at a land port of entry; or
(2) conduct any study relating to the imposition of a
border crossing fee.
(b) In this section, the term ``border crossing fee'' means
a fee that every pedestrian, cyclist, and driver and
passenger of a private motor vehicle is required to pay for
the privilege of crossing the Southern border or the Northern
border at a land port of entry.
Sec. 208. (a) Not later than 90 days after the date of
enactment of this Act, the Commissioner of U.S. Customs and
Border Protection shall submit an expenditure plan for any
amounts made available for ``U.S. Customs and Border
Protection--Procurement, Construction, and Improvements'' in
this Act and prior Acts to the Committees on Appropriations
of the House of Representatives and the Senate.
(b) No such amounts provided in this Act may be obligated
prior to the submission of such plan.
[[Page H4636]]
Sec. 209. Section 211 of the Department of Homeland
Security Appropriations Act, 2021 (division F of Public Law
116-260), prohibiting the use of funds for the construction
of fencing in certain areas, shall apply with respect to
funds made available in this Act in the same manner as such
section applied to funds made available in that Act.
Sec. 210. (a) Funds made available in this Act may be used
to alter operations within the National Targeting Center of
U.S. Customs and Border Protection.
(b) None of the funds provided by this Act, provided by
previous appropriations Acts that remain available for
obligation or expenditure in fiscal year 2024, or provided
from any accounts in the Treasury of the United States
derived by the collection of fees available to the components
funded by this Act, may be used to reduce anticipated or
planned vetting operations at existing locations unless
specifically authorized by a statute enacted after the date
of enactment of this Act.
Sec. 211. (a) Of the total amount made available under
``U.S. Customs and Border Protection--Procurement,
Construction, and Improvements'', $2,965,653,000 shall be
available only as follows:
(1) $2,104,000,000 for the acquisition and deployment of
physical barriers;
(2) $276,000,000 for the acquisition and deployment of
border security technologies;
(3) $305,400,000 for trade and travel assets and
infrastructure;
(4) $119,768,000 for facility construction and
improvements;
(5) $123,232,000 for integrated operations assets and
infrastructure; and
(6) $37,253,000 for mission support and infrastructure.
(b) None of the funds allocated for pedestrian physical
barriers may be made available for any purpose other than the
construction of steel bollard pedestrian barrier built at
least 18 to 30 feet in effective height and augmented with
anti-climb and anti-dig features.
(c) None of the funds allocated for pedestrian physical
barriers may be made available for any purpose other than
construction of pedestrian barriers consistent with the
description in subsection (b) at locations identified in the
Border Security Improvement Plan submitted to Congress on
August 1, 2020.
(d) The Commissioner of U.S. Customs and Border Protection
may reprioritize the construction of physical barriers
outlined in the Border Security Improvement Plan and, with
prior approval of the Committees on Appropriations of the
House of Representatives and the Senate, add additional miles
of pedestrian physical barriers where no such barriers exist,
prioritized by operational requirements developed in
coordination with U.S. Border Patrol leadership.
(e) The Secretary of Homeland Security shall begin to
obligate amounts for physical barrier construction no later
than 120 days after the date of enactment of this Act.
(f) For purposes of this section, the term ``effective
height'' refers to the height above the level of the adjacent
terrain features.
Sec. 212. None of the funds appropriated or otherwise made
available by this Act may be obligated, expended, or
transferred to another Federal agency, board, or commission
to be used to dismantle, demolish, remove, or damage existing
United States-Mexico physical barriers at any location where
such barriers have been constructed as of the date of
enactment of this Act unless such barrier is simultaneously
being repaired or replaced.
Sec. 213. None of the funds appropriated or otherwise made
available by this Act may be made available to utilize the
U.S. Customs and Border Protection CBP One Application, or
any successor application, to facilitate the parole of any
alien into the United States.
Sec. 214. None of the funds appropriated or otherwise made
available by this Act may be made available to reduce
participation in or substantively diminish the delegation of
law enforcement authority authorized under section 287(g) of
the Immigration and Nationality Act, except as provided in
section 215 of this Act.
Sec. 215. None of the funds provided under the heading
``U.S. Immigration and Customs Enforcement--Operations and
Support'' may be used to continue a delegation of law
enforcement authority authorized under section 287(g) of the
Immigration and Nationality Act (8 U.S.C. 1357(g)) if the
Department of Homeland Security Inspector General determines
that the terms of the agreement governing the delegation of
authority have been materially violated.
Sec. 216. (a) None of the funds provided under the heading
``U.S. Immigration and Customs Enforcement--Operations and
Support'' may be used to continue any contract for the
provision of detention services if the two most recent
overall performance evaluations received by the contracted
facility are less than ``adequate'' or the equivalent median
score in any subsequent performance evaluation system.
(b) The performance evaluations referenced in subsection
(a) shall be conducted by the U.S. Immigration and Customs
Enforcement Office of Professional Responsibility.
Sec. 217. Without regard to the limitation as to time and
condition of section 503(d) of this Act, the Secretary may
reprogram within and transfer funds to ``U.S. Immigration and
Customs Enforcement--Operations and Support'' as necessary to
ensure the detention of aliens prioritized for removal.
Sec. 218. The reports required to be submitted under
section 216 of the Department of Homeland Security
Appropriations Act, 2021 (division F of Public Law 116-260)
shall continue to be submitted semimonthly and each matter
required to be included in such reports by such section 216
shall apply in the same manner and to the same extent during
the period described in such section 216.
Sec. 219. The terms and conditions of section 217 of the
Department of Homeland Security Appropriations Act, 2020
(division D of Public Law 116-93) shall apply to this Act.
Sec. 220. None of the funds appropriated or otherwise made
available by this Act may be made available to implement,
administer, or otherwise carry out the activities and
policies described in the memorandum issued by the Secretary
of Homeland Security on September 30, 2021, entitled
``Guidelines for the Enforcement of Civil Immigration Law''
or described in the memorandum issued by Kerry Doyle,
Immigration and Customs Enforcement Principal Legal Advisor
on April 3, 2022, entitled ``Guidance to OPLA Attorneys
Regarding the Enforcement of Civil Immigration Laws and the
Exercise of Prosecutorial Discretion'' or any successor or
similar memorandum or policy.
Sec. 221. (a) None of the funds appropriated or otherwise
made available by this Act may be made available to transport
aliens unlawfully present in, paroled into, or inadmissible
to the United States into the interior of the United States
for purposes other than enforcement of the immigration laws
(as such term is defined in section 101 of the Immigration
and Nationality Act (8 U.S.C. 1101)).
(b) The limitation under subsection (a) shall not apply
with respect to amounts made available to transport
unaccompanied alien children (as such term is defined in
section 462 of the Homeland Security Act of 2002 (6 U.S.C.
279)).
Sec. 222. (a) None of the funds appropriated or otherwise
made available by this Act for ``U.S. Immigration and Customs
Enforcement'' may be used to pay for or facilitate an
abortion, except where the life of the mother would be
endangered if the fetus would be carried to term, or in the
case of rape or incest.
(b) None of the funds appropriated or otherwise made
available by this Act for ``U.S. Immigration and Customs
Enforcement'' may be used to require any person to perform,
or facilitate in any way the performance of, any abortion.
Sec. 223. None of the funds appropriated or otherwise made
available by this Act may be made available to administer
hormone therapy medication or perform or facilitate any
surgery for any person in custody of U.S. Immigration and
Customs Enforcement for the purpose of gender-affirming care.
Sec. 224. The Secretary of Homeland Security shall
allocate amounts appropriated or otherwise made available
under the heading ``U.S. Immigration and Customs
Enforcement--Operations and Support'' by this Act in order
to--
(1) prioritize detention by using such amounts to ensure
that the average daily population of detainees is maintained
at the full capacity funded by this Act throughout the fiscal
year; and
(2) ensure that every alien on the non-detained docket is
enrolled into the Alternatives to Detention Program with
mandatory GPS monitoring throughout the duration of all
applicable immigration proceedings (including any appeals)
and until removal, if ordered removed.
Sec. 225. Members of the United States House of
Representatives and the United States Senate, including the
leadership; the heads of Federal agencies and commissions,
including the Secretary, Deputy Secretary, Under Secretaries,
and Assistant Secretaries of the Department of Homeland
Security; the United States Attorney General, Deputy Attorney
General, Assistant Attorneys General, and the United States
Attorneys; and senior members of the Executive Office of the
President, including the Director of the Office of Management
and Budget, shall not be exempt from Federal passenger and
baggage screening.
Sec. 226. Notwithstanding section 44923 of title 49,
United States Code, for fiscal year 2024, any funds in the
Aviation Security Capital Fund established by section
44923(h) of title 49, United States Code, may be used for the
procurement and installation of explosives detection systems
or for the issuance of other transaction agreements for the
purpose of funding projects described in section 44923(a) of
such title.
Sec. 227. Not later than 45 days after the submission of
the President's budget proposal, the Administrator of the
Transportation Security Administration shall submit to the
Committees on Appropriations and Homeland Security in the
House of Representatives and the Committees on Appropriations
and Commerce, Science, and Transportation of the Senate a
single report that fulfills the following requirements:
(1) a Capital Investment Plan, both constrained and
unconstrained, that includes a plan for continuous and
sustained capital investment in new, and the replacement of
aged, transportation security equipment;
(2) the 5-year technology investment plan as required by
section 1611 of title XVI of the Homeland Security Act of
2002, as amended by section 3 of the Transportation Security
Acquisition Reform Act (Public Law 113-245); and
(3) the Advanced Integrated Passenger Screening
Technologies report as required by the Senate Report
accompanying the Department of Homeland Security
Appropriations Act, 2019 (Senate Report 115-283).
[[Page H4637]]
Sec. 228. None of the funds made available under the
heading ``Transportation Security Administration--Operations
and Support'' may be made available for the purpose of
implementation of any structural pay reform that would alter
the pay structure in place as of October 1, 2022, for any
employee that is not a Transportation Security Officer.
Sec. 229. (a) None of the funds made available by this Act
under the heading ``Coast Guard--Operations and Support''
shall be for expenses incurred for recreational vessels under
section 12114 of title 46, United States Code, except to the
extent fees are collected from owners of yachts and credited
to the appropriation made available by this Act under the
heading ``Coast Guard--Operations and Support''.
(b) To the extent such fees are insufficient to pay
expenses of recreational vessel documentation under such
section 12114, and there is a backlog of recreational vessel
applications, personnel performing non-recreational vessel
documentation functions under subchapter II of chapter 121 of
title 46, United States Code, may perform documentation under
section 12114.
Sec. 230. Without regard to the limitation as to time and
condition of section 503(d) of this Act, after June 30, in
accordance with the notification requirement described in
subsection (b) of such section, up to the following amounts
may be reprogrammed within ``Coast Guard--Operations and
Support''--
(1) $10,000,000 to or from the ``Military Personnel''
funding category; and
(2) $10,000,000 between the ``Field Operations'' funding
subcategories.
Sec. 231. Notwithstanding any other provision of law, the
Commandant of the Coast Guard shall submit to the Committees
on Appropriations of the House of Representatives and the
Senate a future-years capital investment plan as described in
the second proviso under the heading ``Coast Guard--
Acquisition, Construction, and Improvements'' in the
Department of Homeland Security Appropriations Act, 2015
(Public Law 114-4), which shall be subject to the
requirements in the third and fourth provisos under such
heading.
Sec. 232. None of the funds in this Act shall be used to
reduce the Coast Guard's legacy Operations Systems Center
mission or its government-employed or contract staff levels.
Sec. 233. None of the funds appropriated by this Act may
be used to conduct, or to implement the results of, a
competition under Office of Management and Budget Circular A-
76 for activities performed with respect to the Coast Guard
National Vessel Documentation Center.
Sec. 234. Funds made available in this Act may be used to
alter operations within the Civil Engineering Program of the
Coast Guard nationwide, including civil engineering units,
facilities design and construction centers, maintenance and
logistics commands, and the Coast Guard Academy, except that
none of the funds provided in this Act may be used to reduce
operations within any civil engineering unit unless
specifically authorized by a statute enacted after the date
of enactment of this Act.
Sec. 235. Amounts deposited into the Coast Guard Housing
Fund in fiscal year 2024 shall be available until expended to
carry out the purposes of section 2946 of title 14, United
States Code, and shall be in addition to funds otherwise
available for such purposes.
Sec. 236. (a) Notwithstanding section 2110 of title 46,
United States Code, none of the funds made available in this
Act shall be used to charge a fee for an inspection of a
towing vessel, as defined in 46 CFR 136.110, that utilizes
the Towing Safety Management System option for a Certificate
of Inspection issued under subchapter M of title 46, Code of
Federal Regulations.
(b) Subsection (a) shall not apply after the date the
Commandant of the Coast Guard makes a determination under
section 815(a) of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (Public Law 115-282) and, as
necessary based on such determination, carries out the
requirements of section 815(b) of such Act.
Sec. 237. The United States Secret Service is authorized
to obligate funds in anticipation of reimbursements from
executive agencies, as defined in section 105 of title 5,
United States Code, for personnel receiving training
sponsored by the James J. Rowley Training Center, except that
total obligations at the end of the fiscal year shall not
exceed total budgetary resources available under the heading
``United States Secret Service--Operations and Support'' at
the end of the fiscal year.
Sec. 238. (a) None of the funds made available to the
United States Secret Service by this Act or by previous
appropriations Acts may be made available for the protection
of the head of a Federal agency other than the Secretary of
Homeland Security.
(b) The Director of the United States Secret Service may
enter into agreements to provide such protection on a fully
reimbursable basis.
Sec. 239. For purposes of section 503(a)(3) of this Act,
up to $15,000,000 may be reprogrammed within ``United States
Secret Service--Operations and Support''.
Sec. 240. Funding made available in this Act for ``United
States Secret Service--Operations and Support'' is available
for travel of United States Secret Service employees on
protective missions without regard to the limitations on such
expenditures in this or any other Act if the Director of the
United States Secret Service or a designee notifies the
Committees on Appropriations of the House of Representatives
and the Senate 10 or more days in advance, or as early as
practicable, prior to such expenditures.
Sec. 241. None of the funds appropriated or otherwise made
available by this Act may be made available to implement,
administer, or otherwise carry out the policies described in
the directive issued by the Acting Commissioner of U.S.
Customs and Border Protection on January 10, 2023, entitled
``Emergency Driving and Vehicular Pursuits'', or any
successor or similar directive or policy.
Sec. 242. None of the funds appropriated or otherwise made
available by this Act may be made available to admit an alien
into the United States based on a Department of Homeland
Security Form I-20 (Certificate of Eligibility for
Nonimmigrant Student Status) issued by a college, university,
or other institution of higher education that is not
accredited by a nationally recognized accrediting agency or
association recognized by the Secretary of Education pursuant
to part H of title IV of the Higher Education Act of 1965 (20
U.S.C. 1099a et seq.).
Sec. 243. None of the funds appropriated or otherwise made
available by this Act may be made available to parole into
the Commonwealth of the Northern Mariana Islands, for the
purpose of temporary visit for business or pleasure without a
visa, an alien who is a national of the People's Republic of
China.
Sec. 244. None of the funds appropriated or otherwise made
available by this Act or previous appropriations Acts under
the heading ``Coast Guard--Procurement, Construction, and
Improvements'' that remain available for obligation in fiscal
year 2024 within the Waterways Commerce Cutter Program may be
used to enter into or carry out a procurement contract with
any entity deemed not eligible for an award from a size
standpoint by the Small Business Administration.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Cybersecurity and Infrastructure Security Agency
operations and support
For necessary expenses of the Cybersecurity and
Infrastructure Security Agency for operations and support,
$2,370,963,000, of which $24,424,000 shall remain available
until September 30, 2025: Provided, That not to exceed
$3,825 shall be for official reception and representation
expenses: Provided further, That $5,000,000 shall be withheld
from obligation until the reports and briefings directed
under this heading in the explanatory statement accompanying
Public Law 117-103 have been submitted to the Committees on
Appropriations of the House of Representatives and the
Senate.
procurement, construction, and improvements
For necessary expenses of the Cybersecurity and
Infrastructure Security Agency for procurement, construction,
and improvements, $553,537,000, to remain available until
September 30, 2026.
research and development
For necessary expenses of the Cybersecurity and
Infrastructure Security Agency for research and development,
$1,791,000, to remain available until September 30, 2025.
Federal Emergency Management Agency
operations and support
For necessary expenses of the Federal Emergency Management
Agency for operations and support, $1,521,248,000: Provided,
That not to exceed $2,250 shall be for official reception and
representation expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Emergency Management
Agency for procurement, construction, and improvements,
$119,137,000, of which $81,637,000 shall remain available
until September 30, 2026, and of which $37,500,000 shall
remain available until September 30, 2028.
federal assistance
For activities of the Federal Emergency Management Agency
for Federal assistance through grants, contracts, cooperative
agreements, and other activities, $3,742,460,342, which shall
be allocated as follows:
(1) $530,000,000 for the State Homeland Security Grant
Program under section 2004 of the Homeland Security Act of
2002 (6 U.S.C. 605), of which $100,000,000 shall be for
Operation Stonegarden and $15,000,000 shall be for Tribal
Homeland Security Grants under section 2005 of the Homeland
Security Act of 2002 (6 U.S.C. 606): Provided, That
notwithstanding subsection (c)(4) of such section 2004, for
fiscal year 2024, the Commonwealth of Puerto Rico shall make
available to local and tribal governments amounts provided to
the Commonwealth of Puerto Rico under this paragraph in
accordance with subsection (c)(1) of such section 2004.
(2) $615,000,000 for the Urban Area Security Initiative
under section 2003 of the Homeland Security Act of 2002 (6
U.S.C. 604).
(3) $315,000,000 for the Nonprofit Security Grant Program
under section 2009 of the Homeland Security Act of 2002 (6
U.S.C. 609a), of which $157,500,000 is for eligible
recipients located in high-risk urban areas that receive
funding under section 2003 of such Act and $157,500,000 is
for eligible recipients that are located outside such areas:
Provided, That eligible recipients are those described in
section 2009(b) of such Act (6 U.S.C. 609a(b)) or are an
otherwise eligible
[[Page H4638]]
recipient at risk of a terrorist or other extremist attack.
(4) $105,000,000 for Public Transportation Security
Assistance, Railroad Security Assistance, and Over-the-Road
Bus Security Assistance under sections 1406, 1513, and 1532
of the Implementing Recommendations of the 9/11 Commission
Act of 2007 (6 U.S.C. 1135, 1163, and 1182), of which
$10,000,000 shall be for Amtrak security and $2,000,000 shall
be for Over-the-Road Bus Security: Provided, That such
public transportation security assistance shall be provided
directly to public transportation agencies.
(5) $100,000,000 for Port Security Grants in accordance
with section 70107 of title 46, United States Code.
(6) $720,000,000, to remain available until September 30,
2025, of which $360,000,000 shall be for Assistance to
Firefighter Grants and $360,000,000 shall be for Staffing for
Adequate Fire and Emergency Response Grants under sections 33
and 34 respectively of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229 and 2229a).
(7) $355,000,000 for emergency management performance
grants under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121), the Earthquake
Hazards Reduction Act of 1977 (42 U.S.C. 7701), section 762
of title 6, United States Code, and Reorganization Plan No. 3
of 1978 (5 U.S.C. App.).
(8) $312,750,000 for necessary expenses for Flood Hazard
Mapping and Risk Analysis, in addition to and to supplement
any other sums appropriated under the National Flood
Insurance Fund, and such additional sums as may be provided
by States or other political subdivisions for cost-shared
mapping activities under section 1360(f)(2) of the National
Flood Insurance Act of 1968 (42 U.S.C. 4101(f)(2)), to remain
available until expended.
(9) $12,000,000 for Regional Catastrophic Preparedness
Grants.
(10) $130,000,000 for the emergency food and shelter
program under title III of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11331), to remain available until
September 30, 2025: Provided, That not to exceed 3.5 percent
shall be for total administrative costs.
(11) $40,000,000 for the Next Generation Warning System.
(12) $181,223,342 for Community Project Funding grants,
which shall be for the purposes, and the amounts, specified
in the table entitled ``Homeland Security--Community Project
Funding'' in the report accompanying this Act, of which--
(A) $65,627,263, in addition to amounts otherwise made
available for such purpose, is for emergency operations
center grants under section 614 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5196c); and
(B) $115,596,079, in addition to amounts otherwise made
available for such purpose, is for pre-disaster mitigation
grants under section 203 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5133(e),
notwithstanding subsections (f), (g), and (l) of that section
(42 U.S.C. 5133(f), (g), (l)).
(13) $326,487,000 to sustain current operations for
training, exercises, technical assistance, and other
programs.
disaster relief fund
For necessary expenses in carrying out the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), $20,406,341,000, to remain available
until expended, of which $20,261,000,000 shall be for major
disasters declared pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.) and is designated by the Congress as being for
disaster relief pursuant to section 251(b)(2)(D) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
national flood insurance fund
For activities under the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.), the Flood Disaster Protection
Act of 1973 (42 U.S.C. 4001 et seq.), the Biggert-Waters
Flood Insurance Reform Act of 2012 (Public Law 112-141, 126
Stat. 916), and the Homeowner Flood Insurance Affordability
Act of 2014 (Public Law 113-89; 128 Stat. 1020),
$239,983,000, to remain available until September 30, 2025,
which shall be derived from offsetting amounts collected
under section 1308(d) of the National Flood Insurance Act of
1968 (42 U.S.C. 4015(d)); of which $18,917,000 shall be
available for mission support associated with flood
management; and of which $221,066,000 shall be available for
flood plain management and flood mapping: Provided, That any
additional fees collected pursuant to section 1308(d) of the
National Flood Insurance Act of 1968 (42 U.S.C. 4015(d))
shall be credited as offsetting collections to this account,
to be available for flood plain management and flood mapping:
Provided further, That in fiscal year 2024, no funds shall
be available from the National Flood Insurance Fund under
section 1310 of the National Flood Insurance Act of 1968 (42
U.S.C. 4017) in excess of--
(1) $230,504,000 for operating expenses and salaries and
expenses associated with flood insurance operations;
(2) $1,300,000,000 for commissions and taxes of agents;
(3) such sums as are necessary for interest on Treasury
borrowings; and
(4) $175,000,000, which shall remain available until
expended, for flood mitigation actions and for flood
mitigation assistance under section 1366 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4104c),
notwithstanding sections 1366(e) and 1310(a)(7) of such Act
(42 U.S.C. 4104c(e), 4017):
Provided further, That the amounts collected under section
102 of the Flood Disaster Protection Act of 1973 (42 U.S.C.
4012a) and section 1366(e) of the National Flood Insurance
Act of 1968 (42 U.S.C. 4104c(e)), shall be deposited in the
National Flood Insurance Fund to supplement other amounts
specified as available for section 1366 of the National Flood
Insurance Act of 1968, notwithstanding section 102(f)(8),
section 1366(e) of the National Flood Insurance Act of 1968,
and paragraphs (1) through (3) of section 1367(b) of such Act
(42 U.S.C. 4012a(f)(8), 4104c(e), 4104d(b)(1)-(3)): Provided
further, That total administrative costs shall not exceed 4
percent of the total appropriation: Provided further, That
up to $5,000,000 is available to carry out section 24 of the
Homeowner Flood Insurance Affordability Act of 2014 (42
U.S.C. 4033).
Administrative Provisions
Sec. 301. (a) The Director of the Cybersecurity and
Infrastructure Security Agency (or the Director's designee)
shall provide the briefings to the Committees on
Appropriations of the House of Representatives and the Senate
described under the heading ``Quarterly Budget and Staffing
Briefings'' in the explanatory statement for division F of
Public Law 117-103 described in section 4 in the matter
preceding division A of such Public Law--
(1) with respect to the first quarter of fiscal year 2024,
not later than the later of 30 days after the date of
enactment of this Act or January 30, 2024; and
(2) with respect to each subsequent fiscal quarter in
fiscal year 2024, not later than 21 days after the end of
each such quarter.
(b) In the event that any such briefing required during
this fiscal year under subsection (a) is not provided, the
amount made available in title III to the Cybersecurity and
Infrastructure Security Agency under the heading ``Operations
and Support'' shall be reduced by $50,000 for each day of
noncompliance with subsection (a), and the amount made
available under such heading and specified in the detailed
funding table in the report accompanying this Act for Mission
Support shall be correspondingly reduced by an equivalent
amount.
Sec. 302. (a) Notwithstanding section 2008(a)(12) of the
Homeland Security Act of 2002 (6 U.S.C. 609(a)(12)) or any
other provision of law, not more than 5 percent of the amount
of a grant made available in paragraphs (1) through (5) under
``Federal Emergency Management Agency--Federal Assistance'',
may be used by the recipient for expenses directly related to
administration of the grant.
(b) The authority provided in subsection (a) shall also
apply to a state recipient for the administration of a grant
under such paragraph (3).
Sec. 303. Applications for grants under the heading
``Federal Emergency Management Agency--Federal Assistance'',
for paragraphs (1) through (5), shall be made available to
eligible applicants not later than 60 days after the date of
enactment of this Act, eligible applicants shall submit
applications not later than 80 days after the grant
announcement, and the Administrator of the Federal Emergency
Management Agency shall act within 65 days after the receipt
of an application.
Sec. 304. (a) Under the heading ``Federal Emergency
Management Agency--Federal Assistance'', for grants under
paragraphs (1) through (5) and (9), the Administrator of the
Federal Emergency Management Agency shall brief the
Committees on Appropriations of the House of Representatives
and the Senate 5 full business days in advance of announcing
publicly the intention of making an award.
(b) If any such public announcement is made before 5 full
business days have elapsed following such briefing,
$1,000,000 of amounts appropriated by this Act for ``Federal
Emergency Management Agency--Operations and Support'' shall
be rescinded.
Sec. 305. Under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for grants under paragraphs (1)
and (2), the installation of communications towers is not
considered construction of a building or other physical
facility.
Sec. 306. The reporting requirements in paragraphs (1) and
(2) under the heading ``Federal Emergency Management Agency--
Disaster Relief Fund'' in the Department of Homeland Security
Appropriations Act, 2015 (Public Law 114-4), related to
reporting on the Disaster Relief Fund, shall be applied in
fiscal year 2024 with respect to budget year 2025 and current
fiscal year 2024, respectively--
(1) in paragraph (1) by substituting ``fiscal year 2025''
for ``fiscal year 2016''; and
(2) in paragraph (2) by inserting ``business'' after
``fifth''.
Sec. 307. In making grants under the heading ``Federal
Emergency Management Agency--Federal Assistance'', for
Staffing for Adequate Fire and Emergency Response grants, the
Administrator of the Federal Emergency Management Agency may
grant waivers from the requirements in subsections (a)(1)(A),
(a)(1)(B), (a)(1)(E), (c)(1), (c)(2), and (c)(4) of section
34 of the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2229a).
Sec. 308. (a) The aggregate charges assessed during fiscal
year 2024, as authorized in title III of the Departments of
Veterans Affairs and Housing and Urban Development,
[[Page H4639]]
and Independent Agencies Appropriations Act, 1999 (42 U.S.C.
5196e), shall not be less than 100 percent of the amounts
anticipated by the Department of Homeland Security to be
necessary for its Radiological Emergency Preparedness Program
for the next fiscal year.
(b) The methodology for assessment and collection of fees
shall be fair and equitable and shall reflect costs of
providing such services, including administrative costs of
collecting such fees.
(c) Such fees shall be deposited in a Radiological
Emergency Preparedness Program account as offsetting
collections and will become available for authorized purposes
on October 1, 2024, and remain available until expended.
Sec. 309. In making grants under the heading ``Federal
Emergency Management Agency--Federal Assistance'', for
Assistance to Firefighter Grants, the Administrator of the
Federal Emergency Management Agency may waive subsection (k)
of section 33 of the Federal Fire Prevention and Control Act
of 1974 (15 U.S.C. 2229).
TITLE IV
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
U.S. Citizenship and Immigration Services
operations and support
For necessary expenses of U.S. Citizenship and Immigration
Services for operations and support of the E-Verify Program,
$111,865,000: Provided, That such amounts shall be in
addition to any other amounts made available for such
purposes, and shall not be construed to require any reduction
of any fee described in section 286(m) of the Immigration and
Nationality Act (8 U.S.C. 1356(m)).
Federal Law Enforcement Training Centers
operations and support
For necessary expenses of the Federal Law Enforcement
Training Centers for operations and support, including the
purchase of not to exceed 117 vehicles for police-type use
and hire of passenger motor vehicles, and services as
authorized by section 3109 of title 5, United States Code,
$361,398,000, of which $66,665,000 shall remain available
until September 30, 2025: Provided, That not to exceed
$7,180 shall be for official reception and representation
expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Law Enforcement
Training Centers for procurement, construction, and
improvements, $20,100,000, to remain available until
September 30, 2028, for acquisition of necessary additional
real property and facilities, construction and ongoing
maintenance, facility improvements and related expenses of
the Federal Law Enforcement Training Centers.
Science and Technology Directorate
operations and support
For necessary expenses of the Science and Technology
Directorate for operations and support, including the
purchase or lease of not to exceed 5 vehicles, $333,632,000,
of which $206,548,000 shall remain available until September
30, 2025: Provided, That not to exceed $10,000 shall be for
official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Science and Technology
Directorate for procurement, construction, and improvements,
$58,466,000, to remain available until September 30, 2028.
research and development
For necessary expenses of the Science and Technology
Directorate for research and development, $444,545,000, to
remain available until September 30, 2026.
Countering Weapons of Mass Destruction Office
operations and support
For necessary expenses of the Countering Weapons of Mass
Destruction Office for operations and support, $164,315,000,
of which $69,364,000 shall remain available until September
30, 2025: Provided, That not to exceed $2,250 shall be for
official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Countering Weapons of Mass
Destruction Office for procurement, construction, and
improvements, $42,338,000, to remain available until
September 30, 2026.
research and development
For necessary expenses of the Countering Weapons of Mass
Destruction Office for research and development, $64,201,000,
to remain available until September 30, 2026.
federal assistance
For necessary expenses of the Countering Weapons of Mass
Destruction Office for Federal assistance through grants,
contracts, cooperative agreements, and other activities,
$142,885,000, to remain available until September 30, 2026.
Administrative Provisions
Sec. 401. (a) Notwithstanding any other provision of law,
funds otherwise made available to U.S. Citizenship and
Immigration Services may be used to acquire, operate, equip,
and dispose of up to 5 vehicles, for replacement only, for
areas where the Administrator of General Services does not
provide vehicles for lease.
(b) The Director of U.S. Citizenship and Immigration
Services may authorize employees who are assigned to those
areas to use such vehicles to travel between the employees'
residences and places of employment.
Sec. 402. None of the funds appropriated by this Act may
be used to process or approve a competition under Office of
Management and Budget Circular A-76 for services provided by
employees (including employees serving on a temporary or term
basis) of U.S. Citizenship and Immigration Services of the
Department of Homeland Security who are known as Immigration
Information Officers, Immigration Service Analysts, Contact
Representatives, Investigative Assistants, or Immigration
Services Officers.
Sec. 403. Notwithstanding any other provision of law, any
Federal funds made available to U.S. Citizenship and
Immigration Services may be used for the collection and use
of biometrics taken at a U.S. Citizenship and Immigration
Services Application Support Center that is overseen
virtually by U.S. Citizenship and Immigration Services
personnel using appropriate technology.
Sec. 404. None of the funds appropriated or otherwise made
available by this Act may be made available to implement,
administer, or enforce the rule entitled ``Procedures or
Credible Fear Screening and Consideration of Asylum,
Withholding of Removal, and CAT Protection Claims by Asylum
Officers'' (87 Fed. Reg. 18078).
Sec. 405. None of the funds appropriated or otherwise made
available by this Act may be made available to issue any
employment authorization document or similar document to any
alien whose application for asylum in the United States has
been denied, or who is convicted of a Federal or State crime
while his or her application for asylum in the United States
is pending.
Sec. 406. (a) Section 214(g)(9)(A) of the Immigration and
Nationality Act (8 U.S.C. 1184(g)(9)(A)) is amended to read
as follows: ``(A) Subject to subparagraphs (B) and (C), an
alien shall be considered a returning worker and shall not
again be counted toward the numerical limitation of paragraph
(1)(B) during fiscal year 2024 if such alien has already been
counted toward such numerical limitation during any of the 3
preceding fiscal years.''.
(b) The amendment made by this section shall apply on and
after October 1, 2023.
Sec. 407. In fiscal year 2024, nonimmigrants shall be
admitted to the United States under section
101(a)(l5)(H)(ii)(a) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(H)(ii)(a)) to perform agricultural
labor or services, without regard to whether such labor is,
or services are, of a temporary or seasonal nature.
Sec. 408. Notwithstanding section 286(n) of the
Immigration and Nationality Act (8 U.S.C. 1356(n)), the
Director of U.S. Citizenship and Immigration Services may use
not more than $5,000 of the amounts deposited in the
Immigration Examinations Fee Account for official reception
and representation expenses in fiscal year 2024.
Sec. 409. The Director of the Federal Law Enforcement
Training Centers is authorized to distribute funds to Federal
law enforcement agencies for expenses incurred participating
in training accreditation.
Sec. 410. The Federal Law Enforcement Training
Accreditation Board, including representatives from the
Federal law enforcement community and non-Federal
accreditation experts involved in law enforcement training,
shall lead the Federal law enforcement training accreditation
process to continue the implementation of measuring and
assessing the quality and effectiveness of Federal law
enforcement training programs, facilities, and instructors.
Sec. 411. (a) The Director of the Federal Law Enforcement
Training Centers may accept transfers to its ``Procurement,
Construction, and Improvements'' account from Government
agencies requesting the construction of special use
facilities, as authorized by the Economy Act (31 U.S.C.
1535(b)).
(b) The Federal Law Enforcement Training Centers shall
maintain administrative control and ownership upon completion
of such facilities.
Sec. 412. The functions of the Federal Law Enforcement
Training Centers instructor staff shall be classified as
inherently governmental for purposes of the Federal
Activities Inventory Reform Act of 1998 (31 U.S.C. 501 note).
TITLE V
GENERAL PROVISIONS
(including rescissions of funds)
Sec. 501. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of
this Act, the unexpended balances of prior appropriations
provided for activities in this Act may be transferred to
appropriation accounts for such activities established
pursuant to this Act, may be merged with funds in the
applicable established accounts, and thereafter may be
accounted for as one fund for the same time period as
originally enacted.
Sec. 503. (a) None of the funds provided by this Act,
provided by previous appropriations Acts to the components in
or transferred to the Department of Homeland Security that
remain available for obligation or expenditure in fiscal year
2024, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to
the components funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that--
[[Page H4640]]
(1) creates or eliminates a program, project, or activity,
or increases funds for any program, project, or activity for
which funds have been denied or restricted by the Congress;
(2) contracts out any function or activity presently
performed by Federal employees or any new function or
activity proposed to be performed by Federal employees in the
President's budget proposal for fiscal year 2024 for the
Department of Homeland Security;
(3) augments funding for existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever
is less;
(4) reduces funding for any program, project, or activity,
or numbers of personnel, by 10 percent or more; or
(5) results from any general savings from a reduction in
personnel that would result in a change in funding levels for
programs, projects, or activities as approved by the
Congress.
(b) Subsection (a) shall not apply if the Committees on
Appropriations of the House of Representatives and the Senate
are notified at least 15 days in advance of such
reprogramming.
(c) Up to 5 percent of any appropriation made available for
the current fiscal year for the Department of Homeland
Security by this Act or provided by previous appropriations
Acts may be transferred between such appropriations if the
Committees on Appropriations of the House of Representatives
and the Senate are notified at least 30 days in advance of
such transfer, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10
percent by such transfer.
(d) Notwithstanding subsections (a), (b), and (c), no funds
shall be reprogrammed within or transferred between
appropriations based upon an initial notification provided
after June 30, except in extraordinary circumstances that
imminently threaten the safety of human life or the
protection of property.
(e) The notification thresholds and procedures set forth in
subsections (a), (b), (c), and (d) shall apply to any use of
deobligated balances of funds provided in previous Department
of Homeland Security Appropriations Acts that remain
available for obligation in the current year.
(f) Notwithstanding subsection (c), the Secretary of
Homeland Security may transfer to the fund established by 8
U.S.C. 1101 note, up to $20,000,000 from appropriations
available to the Department of Homeland Security: Provided,
That the Secretary shall notify the Committees on
Appropriations of the House of Representatives and the Senate
at least 5 days in advance of such transfer.
Sec. 504. (a) Section 504 of the Department of Homeland
Security Appropriations Act, 2017 (division F of Public Law
115-31), related to the operations of a working capital fund,
shall apply with respect to funds made available in this Act
in the same manner as such section applied to funds made
available in that Act.
(b) Funds from such working capital fund may be obligated
and expended in anticipation of reimbursements from
components of the Department of Homeland Security.
Sec. 505. (a) Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2024, as
recorded in the financial records at the time of a
reprogramming notification, but not later than June 30, 2025,
from appropriations for ``Operations and Support'' for fiscal
year 2024 in this Act shall remain available through
September 30, 2025, in the account and for the purposes for
which the appropriations were provided.
(b) Prior to the obligation of such funds, a notification
shall be submitted to the Committees on Appropriations of the
House of Representatives and the Senate in accordance with
section 503 of this Act.
Sec. 506. (a) Funds made available by this Act for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2024 until the enactment of an Act authorizing
intelligence activities for fiscal year 2024.
(b) Amounts described in subsection (a) made available for
``Intelligence, Analysis, and Situational Awareness--
Operations and Support'' that exceed the amounts in such
authorization for such account shall be transferred to and
merged with amounts made available under the heading
``Management Directorate--Operations and Support''.
(c) Prior to the obligation of any funds transferred under
subsection (b), the Management Directorate shall brief the
Committees on Appropriations of the House of Representatives
and the Senate on a plan for the use of such funds.
Sec. 507. (a) The Secretary of Homeland Security, or the
designee of the Secretary, shall notify the Committees on
Appropriations of the House of Representatives and the Senate
at least 3 full business days in advance of--
(1) making or awarding a grant allocation or grant in
excess of $1,000,000;
(2) making or awarding a contract, other transaction
agreement, or task or delivery order on a multiple award
contract, or to issue a letter of intent totaling in excess
of $4,000,000;
(3) awarding a task or delivery order requiring an
obligation of funds in an amount greater than $10,000,000
from multi-year funds;
(4) making a sole-source grant award; or
(5) announcing publicly the intention to make or award
items under paragraph (1), (2), (3), or (4), including a
contract covered by the Federal Acquisition Regulation.
(b) If the Secretary of Homeland Security determines that
compliance with this section would pose a substantial risk to
human life, health, or safety, an award may be made without
notification, and the Secretary shall notify the Committees
on Appropriations of the House of Representatives and the
Senate not later than 5 full business days after such an
award is made or letter issued.
(c) A notification under this section--
(1) may not involve funds that are not available for
obligation; and
(2) shall include the amount of the award; the fiscal year
for which the funds for the award were appropriated; the type
of contract; and the account from which the funds are being
drawn.
Sec. 508. Notwithstanding any other provision of law, no
agency shall purchase, construct, or lease any additional
facilities, except within or contiguous to existing
locations, to be used for the purpose of conducting Federal
law enforcement training without advance notification to the
Committees on Appropriations of the House of Representatives
and the Senate, except that the Federal Law Enforcement
Training Centers is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement
for training that cannot be accommodated in existing Centers'
facilities.
Sec. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any
construction, repair, alteration, or acquisition project for
which a prospectus otherwise required under chapter 33 of
title 40, United States Code, has not been approved, except
that necessary funds may be expended for each project for
required expenses for the development of a proposed
prospectus.
Sec. 510. Sections 522 and 530 of the Department of
Homeland Security Appropriations Act, 2008 (division E of
Public Law 110-161; 121 Stat. 2073 and 2074) shall apply with
respect to funds made available in this Act in the same
manner as such sections applied to funds made available in
that Act.
Sec. 511. (a) None of the funds made available in this Act
may be used in contravention of the applicable provisions of
the Buy American Act.
(b) For purposes of subsection (a), the term ``Buy American
Act'' means chapter 83 of title 41, United States Code.
Sec. 512. None of the funds made available in this Act may
be used to amend the oath of allegiance required by section
337 of the Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 513. None of the funds provided or otherwise made
available in this Act shall be available to carry out section
872 of the Homeland Security Act of 2002 (6 U.S.C. 452)
unless explicitly authorized by the Congress.
Sec. 514. None of the funds made available in this Act may
be used for planning, testing, piloting, or developing a
national identification card.
Sec. 515. Any official that is required by this Act to
report or to certify to the Committees on Appropriations of
the House of Representatives and the Senate may not delegate
such authority to perform that act unless specifically
authorized herein.
Sec. 516. None of the funds made available in this Act may
be used for first-class travel by the employees of agencies
funded by this Act in contravention of sections 301-10.122
through 301-10.124 of title 41, Code of Federal Regulations.
Sec. 517. None of the funds made available in this Act may
be used to employ workers described in section 274A(h)(3) of
the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)).
Sec. 518. Notwithstanding any other provision of this Act,
none of the funds appropriated or otherwise made available by
this Act may be used to pay award or incentive fees for
contractor performance that has been judged to be below
satisfactory performance or performance that does not meet
the basic requirements of a contract.
Sec. 519. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, territorial, or
local law enforcement agency or any other entity carrying out
criminal investigations, prosecution, or adjudication
activities.
Sec. 520. None of the funds made available in this Act may
be used by a Federal law enforcement officer to facilitate
the transfer of an operable firearm to an individual if the
Federal law enforcement officer knows or suspects that the
individual is an agent of a drug cartel unless law
enforcement personnel of the United States continuously
monitor or control the firearm at all times.
Sec. 521. (a) None of the funds made available in this Act
may be used to pay for the travel to or attendance of more
than 50 employees of a single component of the Department of
Homeland Security, who are stationed in the United States, at
a single international conference unless the Secretary of
Homeland Security, or a designee, determines that such
attendance is in the national interest and notifies the
Committees on Appropriations of the House of Representatives
and the Senate within at least 10 days of that determination
and the basis for that determination.
[[Page H4641]]
(b) For purposes of this section the term ``international
conference'' shall mean a conference occurring outside of the
United States attended by representatives of the United
States Government and of foreign governments, international
organizations, or nongovernmental organizations.
(c) The total cost to the Department of Homeland Security
of any such conference shall not exceed $500,000.
(d) Employees who attend a conference virtually without
travel away from their permanent duty station within the
United States shall not be counted for purposes of this
section, and the prohibition contained in this section shall
not apply to payments for the costs of attendance for such
employees.
Sec. 522. None of the funds made available in this Act may
be used to reimburse any Federal department or agency for its
participation in a National Special Security Event.
Sec. 523. (a) None of the funds made available to the
Department of Homeland Security by this or any other Act may
be obligated for the implementation of any structural pay
reform or the introduction of any new position classification
that will affect more than 100 full-time positions or costs
more than $5,000,000 in a single year before the end of the
30-day period beginning on the date on which the Secretary of
Homeland Security submits to Congress a notification that
includes--
(1) the number of full-time positions affected by such
change;
(2) funding required for such change for the current fiscal
year and through the Future Years Homeland Security Program;
(3) justification for such change; and
(4) for a structural pay reform, an analysis of
compensation alternatives to such change that were considered
by the Department.
(b) Subsection (a) shall not apply to such change if--
(1) it was proposed in the President's budget proposal for
the fiscal year funded by this Act; and
(2) funds for such change have not been explicitly denied
or restricted in this Act.
Sec. 524. (a) Any agency receiving funds made available in
this Act shall, subject to subsections (b) and (c), post on
the public website of that agency any report required to be
submitted by the Committees on Appropriations of the House of
Representatives and the Senate in this Act, upon the
determination by the head of the agency that it shall serve
the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises homeland
or national security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
Committees on Appropriations of the House of Representatives
and the Senate for not less than 45 days except as otherwise
specified in law.
Sec. 525. (a) Funding provided in this Act for ``Operations
and Support'' may be used for minor procurement,
construction, and improvements.
(b) For purposes of subsection (a), ``minor'' refers to end
items with a unit cost of $250,000 or less for personal
property, and $2,000,000 or less for real property.
Sec. 526. The authority provided by section 532 of the
Department of Homeland Security Appropriations Act, 2018
(Public Law 115-141) regarding primary and secondary
schooling of dependents shall continue in effect during
fiscal year 2024.
Sec. 527. (a) None of the funds appropriated or otherwise
made available to the Department of Homeland Security by this
Act may be used to prevent any of the following persons from
entering, for the purpose of conducting oversight, any
facility operated by or for the Department of Homeland
Security used to detain or otherwise house aliens, or to make
any temporary modification at any such facility that in any
way alters what is observed by a visiting Member of Congress
or such designated employee, compared to what would be
observed in the absence of such modification:
(1) A Member of Congress.
(2) An employee of the United States House of
Representatives or the United States Senate designated by
such a Member for the purposes of this section.
(b) Nothing in this section may be construed to require a
Member of Congress to provide prior notice of the intent to
enter a facility described in subsection (a) for the purpose
of conducting oversight.
(c) With respect to individuals described in subsection
(a)(2), the Department of Homeland Security may require that
a request be made at least 24 hours in advance of an intent
to enter a facility described in subsection (a).
Sec. 528. (a) For an additional amount for ``Federal
Emergency Management Agency--Federal Assistance'',
$3,000,000, to remain available until September 30, 2025,
exclusively for providing reimbursement of extraordinary law
enforcement or other emergency personnel costs for protection
activities directly and demonstrably associated with any
residence of the President that is designated or identified
to be secured by the United States Secret Service.
(b) Subsections (b) through (f) of section 534 of the
Department of Homeland Security Appropriations Act, 2018
(Public Law 115-141), shall be applied with respect to
amounts made available by subsection (a) of this section by
substituting ``October 1, 2024'' for ``October 1, 2018'' and
``October 1, 2023'' for ``October 1, 2017''.
Sec. 529. (a) Except as provided in subsection (b), none of
the funds made available in this Act may be used to place
restraints on a woman in the custody of the Department of
Homeland Security (including during transport, in a detention
facility, or at an outside medical facility) who is pregnant
or in post-delivery recuperation.
(b) Subsection (a) shall not apply with respect to a
pregnant woman if--
(1) an appropriate official of the Department of Homeland
Security makes an individualized determination that the
woman--
(A) is a serious flight risk, and such risk cannot be
prevented by other means; or
(B) poses an immediate and serious threat to harm herself
or others that cannot be prevented by other means; or
(2) a medical professional responsible for the care of the
pregnant woman determines that the use of therapeutic
restraints is appropriate for the medical safety of the
woman.
(c) If a pregnant woman is restrained pursuant to
subsection (b), only the safest and least restrictive
restraints, as determined by the appropriate medical
professional treating the woman, may be used. In no case may
restraints be used on a woman who is in active labor or
delivery, and in no case may a pregnant woman be restrained
in a face-down position with four-point restraints, on her
back, or in a restraint belt that constricts the area of the
pregnancy. A pregnant woman who is immobilized by restraints
shall be positioned, to the maximum extent feasible, on her
left side.
Sec. 530. (a) None of the funds made available by this Act
may be used to destroy any document, recording, or other
record pertaining to any--
(1) death of,
(2) potential sexual assault or abuse perpetrated against,
or
(3) allegation of abuse, criminal activity, or disruption
committed by
an individual held in the custody of the Department of
Homeland Security.
(b) The records referred to in subsection (a) shall be made
available, in accordance with applicable laws and
regulations, and Federal rules governing disclosure in
litigation, to an individual who has been charged with a
crime, been placed into segregation, or otherwise punished as
a result of an allegation described in paragraph (3), upon
the request of such individual.
Sec. 531. Section 519 of division F of Public Law 114-113,
regarding a prohibition on funding for any position
designated as a Principal Federal Official, shall apply with
respect to any Federal funds in the same manner as such
section applied to funds made available in that Act.
Sec. 532. (a) Not later than 10 days after the date on
which the budget of the President for a fiscal year is
submitted to Congress pursuant to section 1105(a) of title
31, United States Code, the Under Secretary for Management of
Homeland Security shall submit to the Committees on
Appropriations of the House of Representatives and the Senate
a report on the unfunded priorities, for the Department of
Homeland Security and separately for each departmental
component, for which discretionary funding would be
classified as budget function 050.
(b) Each report under this section shall specify, for each
such unfunded priority--
(1) a summary description, including the objectives to be
achieved if such priority is funded (whether in whole or in
part);
(2) the description, including the objectives to be
achieved if such priority is funded (whether in whole or in
part);
(3) account information, including the following (as
applicable):
(A) appropriation account; and
(B) program, project, or activity name; and
(4) the additional number of full-time or part-time
positions to be funded as part of such priority.
(c) In this section, the term ``unfunded priority'', in the
case of a fiscal year, means a requirement that--
(1) is not funded in the budget referred to in subsection
(a);
(2) is necessary to fulfill a requirement associated with
an operational or contingency plan for the Department; and
(3) would have been recommended for funding through the
budget referred to in subsection (a) if--
(A) additional resources had been available for the budget
to fund the requirement;
(B) the requirement has emerged since the budget was
formulated; or
(C) the requirement is necessary to sustain prior-year
investments.
Sec. 533. (a) Not later than 10 days after a determination
is made by the President to evaluate and initiate protection
under any authority for a former or retired Government
official or employee, or for an individual who, during the
duration of the directed protection, will become a former or
retired Government official or employee (referred to in this
section as a ``covered individual''), the Secretary of
Homeland Security shall submit a notification to
congressional leadership and the Committees on Appropriations
of the House of Representatives and the Senate, the
Committees on the Judiciary of the House of Representatives
and the Senate, the Committee on Homeland Security of the
House of Representatives, the Committee on Homeland Security
and Governmental Affairs of the Senate, and the Committee on
Oversight and Reform of the House of Representatives
(referred to in this
[[Page H4642]]
section as the ``appropriate congressional committees'').
(b) Such notification may be submitted in classified form,
if necessary, and in consultation with the Director of
National Intelligence or the Director of the Federal Bureau
of Investigation, as appropriate, and shall include the
threat assessment, scope of the protection, and the
anticipated cost and duration of such protection.
(c) Not later than 15 days before extending, or 30 days
before terminating, protection for a covered individual, the
Secretary of Homeland Security shall submit a notification
regarding the extension or termination and any change to the
threat assessment to the congressional leadership and the
appropriate congressional committees.
(d) Not later than 45 days after the date of enactment of
this Act, and quarterly thereafter, the Secretary shall
submit a report to the congressional leadership and the
appropriate congressional committees, which may be submitted
in classified form, if necessary, detailing each covered
individual, and the scope and associated cost of protection.
Sec. 534. (a) None of the funds provided to the Department
of Homeland Security in this or any prior Act may be used by
an agency to submit an initial project proposal to the
Technology Modernization Fund (as authorized by section 1078
of subtitle G of title X of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91))
unless, concurrent with the submission of an initial project
proposal to the Technology Modernization Board, the head of
the agency--
(1) notifies the Committees on Appropriations of the House
of Representatives and the Senate of the proposed submission
of the project proposal;
(2) submits to the Committees on Appropriations a copy of
the project proposal; and
(3) provides a detailed analysis of how the proposed
project funding would supplement or supplant funding
requested as part of the Department's most recent budget
submission.
(b) None of the funds provided to the Department of
Homeland Security by the Technology Modernization Fund shall
be available for obligation until 15 days after a report on
such funds has been transmitted to the Committees on
Appropriations of the House of Representatives and the
Senate.
(c) The report described in subsection (b) shall include--
(1) the full project proposal submitted to and approved by
the Fund's Technology Modernization Board;
(2) the finalized interagency agreement between the
Department and the Fund including the project's deliverables
and repayment terms, as applicable;
(3) a detailed analysis of how the project will supplement
or supplant existing funding available to the Department for
similar activities;
(4) a plan for how the Department will repay the Fund,
including specific planned funding sources, as applicable;
and
(5) other information as determined by the Secretary.
Sec. 535. Within 60 days of any budget submission for the
Department of Homeland Security for fiscal year 2025 that
assumes revenues or proposes a reduction from the previous
year based on user fees proposals that have not been enacted
into law prior to the submission of the budget, the Secretary
of Homeland Security shall provide the Committees on
Appropriations of the House of Representatives and the Senate
specific reductions in proposed discretionary budget
authority commensurate with the revenues assumed in such
proposals in the event that they are not enacted prior to
October 1, 2024.
Sec. 536. None of the funds made available by this Act may
be obligated or expended to implement the Arms Trade Treaty
until the Senate approves a resolution of ratification for
the Treaty.
Sec. 537. No Federal funds made available to the
Department of Homeland Security may be used to enter into a
procurement contract, memorandum of understanding, or
cooperative agreement with, or make a grant to, or provide a
loan or guarantee to, any entity identified under section
1260H of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283)
or any subsidiary of such entity.
Sec. 538. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer,
release, or assist in the transfer or release to or within
the United States, its territories, or possessions Khalid
Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 539. (a) The Secretary of Homeland Security (in this
section referred to as the ``Secretary'') shall, on a
bimonthly basis beginning immediately after the date of
enactment of this Act, develop estimates of the number of
migrants anticipated to arrive at the southwest border of the
United States.
(b) The Secretary shall ensure that, at a minimum, the
estimates developed pursuant to subsection (a)--
(1) cover the current fiscal year and the following fiscal
year;
(2) include a breakout by demographics, to include single
adults, family units, and unaccompanied children;
(3) undergo an independent validation and verification
review;
(4) are used to inform policy planning and budgeting
processes within the Department of Homeland Security; and
(5) are included in the budget materials submitted to
Congress in support of the President's annual budget request
pursuant to section 1105 of title 31, United States Code, for
each fiscal year beginning after the date of enactment of
this Act and, for such budget materials shall include--
(A) the most recent bimonthly estimates developed pursuant
to subsection (a);
(B) a description and quantification of the estimates used
to justify funding requests for Department programs related
to border security, immigration enforcement, and immigration
services;
(C) a description and quantification of the anticipated
workload and requirements resulting from such estimates; and
(D) a confirmation as to whether the budget requests for
impacted agencies were developed using the same estimates.
(c) The Secretary shall share the bimonthly estimates
developed pursuant to subsection (a) with the Secretary of
Health and Human Services, the Attorney General, the
Secretary of State, and the Committees on Appropriations of
the House of Representatives and the Senate.
Sec. 540. None of the funds appropriated or otherwise made
available by this Act may be made available to establish or
support the activities of:
(1) a Disinformation Governance Board at the Department of
Homeland Security, or any other entity carrying out similar
activities relating to mis-, dis-, or mal-information in a
similar manner or to a similar extent to such a Board; or
(2) any entity responsible, directly or indirectly, under
color of countering mis-, dis-, or mal-information or
otherwise, for instructing, influencing, directing, or
recommending that private companies censor, prohibit, or
obstruct lawful and constitutionally protected speech of
United States persons on social media platforms, including
by--
(A) terminating speakers' accounts;
(B) temporarily suspending accounts;
(C) imposing warnings or strikes against accounts to stop
future speech;
(D) ``shadowbanning'' speakers;
(E) demonetizing content or speakers;
(F) adjusting algorithms to suppress or deemphasize
speakers or messages;
(G) deboosting speakers or content;
(H) promoting or demoting content;
(I) placing warning labels or explanatory notes on content;
(J) suppressing content in other users' feeds;
(K) promoting negative comments on disfavored content;
(L) requiring additional click-through(s) to access
content; or
(M) any other such methods.
Sec. 541. None of the funds appropriated or otherwise made
available by this Act may be made available to require an
employee of the Department of Homeland Security to receive a
vaccination against COVID-19.
Sec. 542. None of the funds appropriated or otherwise made
available by this Act may be made available to administer,
implement, or enforce the rules entitled ``Amended Order
Implementing Presidential Proclamation on Advancing the Safe
Resumption of Global Travel During the COVID-19 Pandemic''
(87 Fed. Reg. 20405 et seq.) or ``Notification of Temporary
Travel Restrictions Applicable to Land Ports of Entry and
Ferries Service Between the United States and Mexico'' (87
Fed. Reg. 24041) (or any successor rules).
Sec. 543. (a) None of the funds appropriated or otherwise
made available by this Act may be made available to:
(1) classify or facilitate the classification of any
communications by a United States person as mis-, dis-, or
mal-information; or
(2) partner with or fund nonprofit or other organizations
that in any way instruct, influence, direct, or recommend
that private companies in any way censor, prohibit, or
obstruct lawful and constitutionally protected speech of
United States persons on social media platforms, including
by--
(A) terminating speakers' accounts;
(B) temporarily suspending accounts;
(C) imposing warnings or strikes against accounts to stop
future speech;
(D) ``shadowbanning'' speakers;
(E) demonetizing content or speakers;
(F) adjusting algorithms to suppress or deemphasize
speakers or messages;
(G) deboosting speakers or content;
(H) promoting or demoting content;
(I) placing warning labels or explanatory notes on content;
(J) suppressing content in other users' feeds;
(K) promoting negative comments on disfavored content;
(L) requiring additional click-through(s) to access
content; or
(M) any other such methods.
(b) Any officer or employee of the Federal Government whose
salary is funded by this Act and who conducts any activity
described in subsections (a)(1) or (a)(2) shall be removed
from the Federal service.
Sec. 544. None of the funds appropriated or otherwise made
available by this Act may be made available to implement,
administer, or enforce the rule related to ``Circumvention of
Lawful Pathways'' (88 Fed. Reg. 11704).
Sec. 545. None of the funds appropriated or otherwise made
available by this Act may be made available to implement,
administer, apply, enforce, or carry out the Equity Action
Plan of the Department of Homeland
[[Page H4643]]
Security, or Executive Order 13985 of January 20, 2021 (86
Fed. Reg. 7009, relating to advancing racial equity and
support for under-served communities through the federal
government), Executive Order 14035 of June 25, 2021 (86 Fed.
Reg. 34593, relating to diversity, equity, inclusion, and
accessibility in the federal workforce), Executive Order
14091 of February 16, 2023 (88 Fed. Reg. 10825 relating to
further advancing racial equity and support for underserved
communities through the federal government) or any program,
project, or activity that promotes or advances Critical Race
Theory or any concept associated with Critical Race Theory.
Sec. 546. None of the funds appropriated or otherwise made
available by this Act under the heading ``Office of the
Secretary and Executive Management--Operations and Support''
may be made available for the purpose of paying counsel
outside the Federal Government--
(1) before the date on which all funds provided in section
211(a)(1) of this Act are obligated; and
(2) to prepare for or defend against impeachment.
Sec. 547. (a) None of the funds appropriated or otherwise
made available by this Act may be made available to be used
to purchase, maintain, or continue to operate any Unmanned
Aircraft Systems that are manufactured in the People's
Republic of China or a country identified as a foreign
adversary in the Annual Threat Assessment of the U.S.
Intelligence Community or by an entity domiciled in the
People's Republic of China or a country identified as a
foreign adversary in the most recent Annual Threat Assessment
of the U.S. Intelligence Community.
(b) Nothing in subsection (a) shall limit the use of funds
for counterintelligence, research and development, test and
evaluation, or counter Unmanned Aircraft System mitigation
efforts, including the activities of the Coast Guard
authorized by section 8414 of Public Law 116-283 (14 U.S.C.
1156 note).
Sec. 548. (a) Section 538 of the Department of Homeland
Security Appropriations Act, 2022 (division F of Public Law
117-103) is amended--
(1) in subsection (b), by striking ``may'' and inserting
``shall''; and
(2) by striking subsection (d) and inserting the following:
``(d) Amounts in the Fund may not be obligated until after
the date on which the Act making full-year appropriations for
the Department of Homeland Security for the applicable fiscal
year is enacted into law, subject to subsection (e).
``(e) The Committees on Appropriations of the House of
Representatives and the Senate shall be notified at least 15
days in advance of the planned use of funds.''.
(b) The amendments made by this section shall apply to
amounts transferred under such section 538 on or after the
date of enactment of this Act.
Sec. 549. (a) None of the funds appropriated or otherwise
made available by this Act or any other Act shall be used to
execute an inspection of any detention facility that is in a
contractual agreement with U.S. Immigration and Customs
Enforcement for the provision of detention services within
six months of a previous inspection of such facility.
(b) Subsection (a) shall not apply with respect to
inspections executed by the Office of Inspector General.
Sec. 550. (a) None of the funds appropriated or otherwise
made available by this Act or any other Act shall be used to
execute an inspection of any detention facility that is in a
contractual agreement with U.S. Immigration and Customs
Enforcement for the provision of detention services, except
solely for compliance with the terms, conditions, and
standards found within the National Detention Standards 2019
for U.S. Immigration and Customs Enforcement.
(b) Subsection (a) shall take effect for detention
facilities operating under existing contracts, as of the date
of enactment of this Act, not later than 180 days after the
date of enactment of this Act.
Sec. 551. None of the funds appropriated or otherwise made
available by this Act shall be used to admit an alien, who is
a national of the Republic of Chile, under section 217 of the
Immigration and Nationality Act (8 U.S.C. 1187), until the
Secretary of Homeland Security verifies that the Republic of
Chile provides access to appropriate criminal databases and
the Department of Homeland Security screens Chilean nationals
against such criminal databases.
Sec. 552. (a) In general.--Notwithstanding section 7 of
title 1, United States Code, section 1738C of title 28,
United States Code, or any other provision of law, none of
the funds provided by this Act, or previous appropriations
Acts, shall be used in whole or in part to take any
discriminatory action against a person, wholly or partially,
on the basis that such person speaks, or acts, in accordance
with a sincerely held religious belief, or moral conviction,
that marriage is, or should be recognized as, a union of one
man and one woman.
(b) Discriminatory action defined.--As used in subsection
(a), a discriminatory action means any action taken by the
Federal Government to--
(1) alter in any way the Federal tax treatment of, or cause
any tax, penalty, or payment to be assessed against, or deny,
delay, or revoke an exemption from taxation under section
501(a) of the Internal Revenue Code of 1986 of, any person
referred to in subsection (a);
(2) disallow a deduction for Federal tax purposes of any
charitable contribution made to or by such person;
(3) withhold, reduce the amount or funding for, exclude,
terminate, or otherwise make unavailable or deny, any Federal
grant, contract, subcontract, cooperative agreement,
guarantee, loan, scholarship, license, certification,
accreditation, employment, or other similar position or
status from or to such person;
(4) withhold, reduce, exclude, terminate, or otherwise make
unavailable or deny, any entitlement or benefit under a
Federal benefit program, including admission to, equal
treatment in, or eligibility for a degree from an educational
program, from or to such person; or
(5) withhold, reduce, exclude, terminate, or otherwise make
unavailable or deny access or an entitlement to Federal
property, facilities, educational institutions, speech fora
(including traditional, limited, and nonpublic fora), or
charitable fundraising campaigns from or to such person.
(c) Accreditation; Licensure; Certification.--The Federal
Government shall consider accredited, licensed, or certified
for purposes of Federal law any person that would be
accredited, licensed, or certified, respectively, for such
purposes but for a determination against such person wholly
or partially on the basis that the person speaks, or acts, in
accordance with a sincerely held religious belief or moral
conviction described in subsection (a).
(rescissions of funds)
Sec. 553. Of the funds appropriated to the Department of
Homeland Security, the following funds are hereby rescinded
from the following accounts and programs in the specified
amounts: Provided, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985:
(1) $800,000 from unobligated balances available in the
``Office of the Secretary and Executive Management--
Operations and Support'' account (70 23/24 0100).
(2) $4,100,000 from the unobligated balances available in
the ``Management Directorate--Office of the Chief Information
Officer and Operations'' account (70 X 0113).
(3) $1,473,000 from the unobligated balances available in
the ``U.S. Customs and Border Protection--Procurement,
Construction, and Improvements'' account (70 X 0532).
(4) $1,842,000 from the unobligated balances available in
the ``U.S. Customs and Border Protection--Border Security
Fencing, Infrastructure, and Technology'' account (70 X
0533).
(5) $452,000 from the unobligated balances available in the
``U.S. Customs and Border Protection--Air and Marine
Interdiction, Operations, Maintenance, and Procurement''
account (70 X 0544).
(6) $1,159,000,000 from the unobligated balances available
under the heading ``U.S. Customs and Border Protection--
Procurement, Construction, and Improvements'' of the amounts
provided by Public Law 116-93 for the construction of barrier
system along the southwest border.
(7) $945,000,000 from the unobligated balances available
under the heading ``U.S. Customs and Border Protection--
Procurement, Construction, and Improvements'' of the amounts
provided by Public Law 116-260 for the construction of
barrier system along the southwest border.
(8) $3,000,000 from the unobligated balances available in
the ``U.S. Immigration and Customs Enforcement--Operations
and Support'' account (70 23/24 0540).
(9) $2,092,841 from the unobligated balances available in
the ``U.S. Immigration and Customs Enforcement--Operations
and Support'' account (70 X 0540).
(10) $10,439 from the unobligated balances available in the
``U.S. Immigration and Customs Enforcement--Automation
Modernization'' account (70 X 0543).
(11) $154,515,000 from the unobligated balances available
under the heading ``Transportation Security Administration--
Operations and Support'' of the amounts provided by Public
Law 117-328.
(12) $22,600,000 from the unobligated balances available in
the ``Coast Guard--Acquisition, Construction, and
Improvements'' account (70 X 0613).
(13) $3,500,000 from the unobligated balances available in
the ``Cybersecurity and Infrastructure Security Agency--
Procurement, Construction, and Improvements'' account (70 23/
27 0412).
(14) $2,000,000 from the unobligated balances available in
the ``Cybersecurity and Infrastructure Security Agency--
Research and Development'' account (70 23/24 0805).
(15) $5,821,000 from the unobligated balances available in
the ``Federal Emergency Management Agency--National
Predisaster Mitigation Fund'' account (70 X 0716).
(16) $800,000 from the unobligated balances available in
the ``Federal Law Enforcement Training Centers--Procurement,
Construction, and Improvements'' account (70 20/24 0510).
(17) $900,000 from the unobligated balances available in
the ``Science and Technology Directorate--Operations and
Support'' account (70 X 0800).
(18) $388,522 from the unobligated balances available in
the ``Countering Weapons of Mass Destruction Office--Research
and Development'' account (70 22/24 0860).
(19) $11,478 from the unobligated balances available in the
``Countering Weapons of
[[Page H4644]]
Mass Destruction Office--Research and Development'' account
(70 X 0860).
Sec. 554. Of the unobligated balances of amounts made
available under section 70001 of Public Law 117-169,
$312,000,000 are hereby rescinded.
Sec. 555. Of the unobligated balances of amounts made
available in the Department of Homeland Security Nonrecurring
Expenses Fund (70 X 1914), $3,800,000 are hereby rescinded.
spending reduction account
Sec. 556. The amount by which the applicable allocation of
new budget authority made by the Committee on Appropriations
of the House of Representatives under section 302(b) of the
Congressional Budget Act of 1974 exceeds the amount of
proposed new budget authority is $0.
This division may be cited as the ``Department of Homeland
Security Appropriations Act, 2024''.
The CHAIR. All points of order against provisions in the bill are
waived.
No amendment to the bill shall be in order except those printed in
Part B of House Report 118-216, amendments en bloc described in section
6 of House Resolution 723, and pro forma amendments described in
section 13 of that resolution.
Each amendment printed in the report shall be considered only in the
order printed in the report, may be offered only by a Member designated
in the report, shall be considered as read, shall be debatable for the
time specified in the report equally divided and controlled by the
proponent and an opponent, may be withdrawn by the proponent at any
time before action thereon, shall not be subject to amendment except as
provided by section 13 of House Resolution 723, and shall not be
subject to a demand for division of the question.
It shall be in order at any time for the chair of the Committee on
Appropriations or her designee to offer amendments en bloc consisting
of amendments printed in the report not earlier disposed of. Amendments
en bloc shall be considered as read, shall be debatable for 20 minutes
equally divided and controlled by the chair and ranking minority member
of the Committee on Appropriations or their designees, shall not be
subject to amendment, except as provided by section 13 of House
Resolution 723, and shall not be subject to a demand for division of
the question.
During consideration of the bill for amendment, the Chair and ranking
minority member of the Committee on Appropriations or their respective
designees may offer up to 10 pro forma amendments each at any point for
the purpose of debate.
Amendments En Bloc Offered by Mr. Joyce of Ohio
Mr. JOYCE of Ohio. Mr. Chair, pursuant to House Resolution 723, I
offer amendments en bloc.
The CHAIR. The Clerk will designate the amendments en bloc.
Amendments en bloc consisting of amendment Nos. 1, 3, 4, 5, 7, 9, 12,
14, 15, 16, 17, 18, 20, 21, 22, 30, 31, 32, 33, 34, 35, 36, and 37
printed in part B of House Report 118-216, offered by Mr. Joyce of
Ohio:
AMENDMENT NO. 1 OFFERED BY MRS. BOEBERT OF COLORADO
Page 3, line 16, after the first dollar amount, insert
``(reduced by $3,000,000)''.
Page 13, line 19, after the dollar amount, insert
``(increased by $3,000,000)''.
AMENDMENT NO. 3 OFFERED BY MR. BUCHANAN OF FLORIDA
Page 3, line 16, after the first dollar amount, insert
``(reduced by $3,000,000)''.
Page 56, line 1, after the dollar amount, insert
``(increased by $3,000,000)''.
AMENDMENT NO. 4 OFFERED BY MR. BUCHANAN OF FLORIDA
Page 3, line 16, after the first dollar amount, insert
``(reduced by $2,000,000)''.
Page 21, line 8, after the dollar amount, insert
``(increased by $2,000,000)''.
Page 21, line 10, after the dollar amount, insert
``(increased by $2,000,000)''.
AMENDMENT NO. 5 OFFERED BY MR. BUCHANAN OF FLORIDA
Page 3, line 16, after the first dollar amount, insert
``(reduced by $3,000,000)''.
Page 13, line 19, after the dollar amount, insert
``(increased by $3,000,000)''.
AMENDMENT NO. 7 OFFERED BY MS. LOIS FRANKEL OF FLORIDA
Page 3, line 16, after the first dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
AMENDMENT NO. 9 OFFERED BY MRS. WAGNER OF MISSOURI
Page 3, line 16, after the first dollar amount, insert
``(decreased by $27,500,000)''.
Page 15, line 9, after the dollar amount, insert
``(increased by $24,000,000)''.
AMENDMENT NO. 12 OFFERED BY MRS. KIM OF CALIFORNIA
Page 4, line 9, after the dollar amount, insert ``(reduced
by $5,000,000)''.
Page 42, line 7, after the first dollar amount, insert
``(increased by $5,000,000)''.
AMENDMENT NO. 14 OFFERED BY MR. GOTTHEIMER OF NEW JERSEY
Page 13, line 19, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
AMENDMENT NO. 15 OFFERED BY MR. GROTHMAN OF WISCONSIN
Page 13, line 19, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
AMENDMENT NO. 16 OFFERED BY MR. PENCE OF INDIANA
Page 13, line 19, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
AMENDMENT NO. 17 OFFERED BY MRS. WAGNER OF MISSOURI
Page 13, line 19, after the dollar amount, insert
``(increased by $1) (reduced by $1)''.
AMENDMENT NO. 18 OFFERED BY MRS. TRAHAN OF MASSACHUSETTS
Page 13, line 19, after the dollar amount, insert
``(reduced by $10,000,000) (increased by $10,000,000)''.
AMENDMENT NO. 20 OFFERED BY MR. VASQUEZ OF NEW MEXICO
Page 14, line 20, after the dollar amount, insert
``(reduced by $10,000,000) (increased by $10,000,000)''.
AMENDMENT NO. 21 OFFERED BY MR. MOLINARO OF NEW YORK
Page 18, line 12, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
AMENDMENT NO. 22 OFFERED BY MS. HOULAHAN OF PENNSYLVANIA
Page 27, line 19, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
AMENDMENT NO. 30 OFFERED BY MR. MENENDEZ OF NEW JERSEY
Page 41, line 9, insert after the first dollar amount the
following: ``(reduced by $1,000,000, increased by
$1,000,000)''.
AMENDMENT NO. 31 OFFERED BY MR. GOTTHEIMER OF NEW JERSEY
Page 42, line 7, after the first dollar amount insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
AMENDMENT NO. 32 OFFERED BY MR. MOLINARO OF NEW YORK
Page 42, line 7, after the first dollar amount, insert
``(reduced by $10,000,000) (increased by $10,000,000)''.
AMENDMENT NO. 33 OFFERED BY MR. TONY GONZALES OF TEXAS
Page 42, line 20, after the dollar amount, insert
``(increased by $10,000,000)''.
Page 42, line 21, after the dollar amount, insert
``(increased by $10,000,000)''.
Page 42, line 24, after the dollar amount, insert
``(increased by $10,000,000)''.
Page 56, line 1, after the dollar amount, insert ``(reduced
by $10,000,000)''.
AMENDMENT NO. 34 OFFERED BY MR. PASCRELL OF NEW JERSEY
Page 42, line 20, after the dollar amount, insert
``(increased by $20,000,000)''.
Page 44, line 13, after the dollar amount, insert
``(increased by $20,000,000)''.
Page 44, line 14, after the dollar amount, insert
``(increased by $10,000,000)''.
Page 44, line 16, after the dollar amount, insert
``(increased by $10,000,000)''.
Page 56, line 1, after the dollar amount, insert ``(reduced
by $20,000,000)''.
AMENDMENT NO. 35 OFFERED BY MR. PASCRELL OF NEW JERSEY
Page 42, line 20, after the dollar amount, insert
``(increased by $20,000,000)''.
Page 43, line 13, after the dollar amount, insert
``(increased by $20,000,000)''.
Page 43, line 16, after the dollar amount, insert
``(increased by $10,000,000)''.
Page 43, line 18, after the dollar amount, insert
``(increased by $10,000,000)''.
Page 56, line 1, after the dollar amount, insert ``(reduced
by $20,000,000)''.
AMENDMENT NO. 36 OFFERED BY MR. ROSE OF TENNESSEE
Page 44, line 6, strike ``$2,000,000'' and insert
``$5,000,000''.
AMENDMENT NO. 37 OFFERED BY MR. BUCHANAN OF FLORIDA
Page 46, line 24, after the dollar amount, insert
``(reduced by $10,000,000) (increased by $10,000,000)''.
The CHAIR. Pursuant to House Resolution 723, the gentleman from Ohio
(Mr. Joyce) and the gentleman from Texas (Mr. Cuellar) each will
control 10 minutes.
The Chair recognizes the gentleman from Ohio.
Mr. JOYCE of Ohio. Mr. Chair, this bipartisan en bloc amendment
before you is comprised of 23 amendments offered by my colleagues on
both sides of the aisle.
This en bloc contains proposals that would strengthen the underlying
bill, and I want to highlight just a few.
The en bloc will provide additional funding to bolster investigations
for exploited children with Secret Service and Homeland Security
Investigations.
[[Page H4645]]
It will increase the nonintrusive inspection equipment at CBP ports
of entry to improve detection of fentanyl and other opioids that plague
communities across our country.
It would also increase funding for FEMA grant programs, for
firefighters and other first responders, and for physical security for
nonprofit organizations at risk of terrorist attack.
Lastly, I want to highlight a proposal that would strengthen our
National Urban Search and Rescue Response System.
I was on the ground in Maui last month and learned firsthand the
critical role these teams play in saving lives and protecting
communities in the immediate aftermath of a disaster.
The base bill includes a modest increase for this program, but I
strongly support the proposal to further increase funds for this force-
multiplying Federal asset.
Again, I thank my colleagues for their participation in this process,
and I urge Members to support this bipartisan en bloc.
Mr. Chair, I reserve the balance of my time.
Mr. CUELLAR. Mr. Chair, I support this en bloc amendment. It contains
a series of bipartisan amendments in support of the Members' priorities
on both sides. This is the way we ought to do it--bipartisan.
Certainly, I have no objection, and I encourage adoption of this
amendment because it supports shared priorities, including counter
fentanyl detention, Border Patrol checkpoints and ports of entry,
investigations for missing and exploited children, and more technology
for the frontline officers and agents.
Mr. Chair, I support this en bloc, and I reserve the balance of my
time.
Mr. JOYCE of Ohio. Mr. Chair, I yield 2 minutes to the gentlewoman
from Missouri (Mrs. Wagner).
Mrs. WAGNER. Mr. Chair, I thank the chairman for yielding, and I
thank the ranking member for his support of this amendment also.
Mr. Chair, I rise today in support of my amendment, which has been
included in the bipartisan en bloc for the Department of Homeland
Security appropriations bill.
Last year, there were over 32 million reports of online child sexual
abuse material previously referred to as ``child pornography.''
That is an 89 percent increase since 2019 and equals over 87,000
reports per day of images and videos of children being raped and
sexually exploited spreading across the internet.
Homeland Security Investigations, or HSI, is on the front lines
fighting to locate and rescue these vulnerable children and apprehend
their abusers.
My amendment would ensure that HSI receives the fully offset $24
million that they requested to investigate these unconscionable crimes.
Mr. Chair, Congress must do more to reverse this horrific trend, and
I urge my colleagues to support this amendment.
Mr. CUELLAR. Mr. Chair, I yield 2 minutes to the gentleman from
Maryland (Mr. Hoyer), the distinguished ranking member of the Financial
Services and General Government Subcommittee.
(Mr. HOYER asked and was given permission to revise and extend his
remarks.)
Mr. HOYER. Mr. Chair, the chairman has indicated he supports this en
bloc amendment, and I support that, as well. I do not support the bill.
I want to speak on the bill, and I rise today to speak against the
majority's inability or unwillingness to govern--take your pick.
Republicans have had 9 months to pass all their spending bills. They
passed one. Now they are struggling to pass the rest 96 hours before
the government shuts down.
It is the theater of the absurd. They did not merely sit on their
hands, they actively slowed down this process with manufactured debt-
limit crises, an illegitimate impeachment inquiry, and the meaningless
messaging bills that will never become law.
Wasting our time with these pointless proposals is not just inept,
irresponsible, and idiotic, it is dangerous. It is costly. It is
unwarranted.
This bill is supposed to be about Homeland Security. We can have a
legitimate debate about that.
Instead, however, this bill, this entire process makes our Nation
less secure and for what? A laundry list of far-right poison pills that
prevent Congress from addressing the challenges at hand.
How much time is spent on these pointless, negative, and unacceptable
provisions of these bills, other than what these bills actually are
supposed to do?
Do we want to pad the ego of some extreme rightwing Members or pay
the border agents and servicemembers who protect America?
Do we indulge in petulant tantrums or uphold our oath of office?
Do we want to help the partisan fringe secure a segment on Newsmax or
keep our government functioning for the people?
A shutdown isn't a cudgel to score political points. It is a
consequence of failed governance that should be avoided at all costs.
Republicans, the majority of whom do not want this path to be
followed, should say no.
The CHAIR. The time of the gentleman has expired.
Mr. CUELLAR. Mr. Chair, I yield an additional 30 seconds to the
gentleman from Maryland.
Mr. HOYER. Mr. Chair, I believe the majority of the Republicans don't
want to go down this path, but I say to the majority of Republicans:
Shut them up. Let's work in a bipartisan manner. We will have an
overwhelming vote as we did with the debt limit. Over 300 of us voted
to do the rational, necessary thing. We could do that again. How sad
that we are not doing it.
Republicans ought to have learned by now after shutting down the
Federal Government for 81 days since 1995, costing the American people
billions of dollars and the confidence of the American people and our
allies abroad. I fear they are about to add to that shameful tally.
The CHAIR. The time of the gentleman has again expired.
Mr. CUELLAR. Mr. Chair, I yield an additional 30 seconds to the
gentleman from Maryland.
Mr. HOYER. Mr. Chair, I urge Republicans to work with us to pass a
clean continuing resolution just as Mitch McConnell and 26 Republicans
did yesterday.
Now, they haven't gotten it to us yet. There is one Republican
holding it up.
Stop holding America hostage. Start holding your members accountable.
Govern as if Americans are depending upon us because they are.
Mr. JOYCE of Ohio. Mr. Chair, I believe we are on the bipartisan en
bloc amendment.
To that point, I yield 1 minute to the gentlewoman from Missouri
(Mrs. Wagner) for an encore performance on another amendment.
Mrs. WAGNER. Mr. Chair, I rise in support of my amendment to direct
Customs and Border Protection to eliminate the serious delay in the
Trusted Traveler Program application processing time, known as Global
Entry.
I have heard from so many frustrated constituents who have paid for
Global Entry, a $100 up front processing fee that is not cheap only to
wait months in some cases for CBP to approve them for an interview.
Those who succeed in getting to that point are finding that there
simply are no interview slots available.
Today, Global Entry processing time averages 11 months. This is
utterly unacceptable.
My amendment will direct CBP to do its job and get the situation and
backlog under control.
I urge my colleagues to support this amendment.
Mr. CUELLAR. Mr. Chair, I yield 2 minutes to the gentlewoman from
Florida (Ms. Lois Frankel).
Ms. LOIS FRANKEL of Florida. Mr. Chair, I rise today in support of my
bipartisan amendment supporting the Department of Homeland Security
implementation of the Women, Peace, and Security Act, which was passed
in 2017.
Relevant to our debate today, that bill recognizes that women bear
the brunt of harm during disasters, and importantly, they can play an
essential role in responding and preventing them.
Whether it is a hurricane, a flood, a fire, a refugee seeking asylum,
evidence shows that women are more often vulnerable during disasters
and crises that the Department responds to, and sadly, there is more
gender-based violence and often more responsibility for care put on
women to provide for their families.
[[Page H4646]]
Our amendment ensures that gender perspectives are included in DHS'
responses to crises to ensure that the needs of women and their
families are met, they have the resources they need to recover, and
ensure that DHS is taking steps to prevent these outcomes in the first
place.
It also recognizes the impact of women's participation. The amendment
supports efforts to increase the number of women in law enforcement,
senior DHS leadership, including staffing, programming, research, and
department-wide training.
When women are at the table where decisions are made and on the
ground to prevent and respond to disasters, outcomes are better for
women and for their communities.
Mr. JOYCE of Ohio. Mr. Chair, I reserve the balance of my time.
Mr. CUELLAR. Mr. Chair, I yield 1\1/2\ minutes to the gentleman from
New Jersey (Mr. Menendez).
{time} 1600
Mr. MENENDEZ. Mr. Chair, I rise today to advocate for the Chemical
Facility Anti-Terrorism Standards program, often referred to as CFATS,
and in support of my amendment included in the en bloc to improve
training for the facility inspectors who advance this critical work.
Since 2007, CFATS has helped thousands of sensitive chemical
facilities strengthen their security posture and reduce onsite risks.
I am particularly invested in the CFATS program because there are
four facilities covered by the program in New Jersey's Eighth
Congressional District, which is also home to what homeland security
experts call the 2 most dangerous miles in America.
For my constituents, it is vitally important to ensure that these
facilities, their workers, and surrounding communities are adequately
protected.
Two months ago, this Chamber passed a reauthorization of the CFATS
program to prevent its lapse at the end of July. Unfortunately, our
colleagues in the Senate have not advanced this critical national
security priority, and the CFATS program has lapsed.
We are no longer able to inspect the more than 3,000 high-risk
chemical facilities covered by this program, enforce security measures
at those facilities, or vet individuals who are seeking to access
dangerous chemicals.
It is also critical that the CFATS program is fully funded. My
amendment supports robust CFATS funding, particularly for improved and
regular training of facility inspectors.
This amendment builds on my earlier work on the Committee on Homeland
Security to update the CFATS program and improve training for facility
inspectors.
Our facility inspectors deserve our full support so that they can do
their best work to keep us safe. I will continue to fight for this
funding as we move forward in the appropriations process.
Mr. Chair, I yield back the balance of my time.
Mr. JOYCE of Ohio. Mr. Chair, I yield 1 minute to the gentleman from
Wisconsin (Mr. Grothman).
Mr. GROTHMAN. Mr. Chair, first of all, one comment on the people who
are more likely to be victims of violence in a natural disaster. Just
doing a quick Google search, I noticed that 80 percent of the murder
victims in this country are men. Maybe the men are getting killed when
the weather is good. I don't know.
In any event, as chairman of the Subcommittee on National Security,
the Border, and Foreign Affairs, I have had the opportunity to go down
to the border several times. It amazes me what a good job dogs do at
detecting drugs coming across our southern border. They are not only
able to detect drugs. They also detect explosives, money, and even
human beings being trafficked or smuggled.
We wonder, if canine units are so effective, why not expand their use
along the southern border? To find the answer to this question, my
amendment in this en bloc would express the need for a study on the
expanded use of canine units along the southern border.
Mr. Chair, I would appreciate it if that amendment was included.
Mr. CUELLAR. Mr. Chair, I yield 1 minute to the gentlewoman from
Florida (Ms. Wasserman Schultz), the distinguished ranking member of
the Subcommittee on Military Construction, Veterans Affairs, and
Related Agencies.
Ms. WASSERMAN SCHULTZ. Mr. Chair, I thank the gentleman for yielding.
I rise to express grave concern that the majority has included in the
Homeland Security appropriations bill a cut to the Nonprofit Security
Grant Program. In the face of the grave and significant threats against
nonprofit organizations across this country, rising threats toward
religious and other nonprofit institutions, these cuts will likely have
a profound impact on the safety of our community across the country and
in Florida and our community in particular.
We strive to foster an open and safe environment in our communities
and our houses of worship, in line with the core value of welcoming the
stranger.
According to the Department of Homeland Security, the FBI, and the
CTC, faith-based institutions are more susceptible to attacks by
violent extremists due to their symbolism, perceived lack of security,
and accessible locations.
We are going in the wrong direction in this bill, and the amendment
to increase the amount of funding provided for nonprofit security
grants is critical. At a time of increased vulnerability to threats of
hate-motivated violence by domestic extremists, the House should be
significantly increasing funding for religious institutions and at-risk
nonprofit organizations, not cutting them and putting more people at
risk. Shame on us if we don't increase the bottom-line number for
nonprofit security grants.
Mr. CUELLAR. Mr. Chair, this is a bipartisan amendment. I support it,
and I yield back the balance of my time.
Mr. JOYCE of Ohio. Mr. Chair, I yield back the balance of my time.
The Acting CHAIR (Mr. DesJarlais). The question is on the amendments
en bloc offered by the gentleman from Ohio (Mr. Joyce).
The en bloc amendments were agreed to.
The Acting CHAIR. The Chair understands that amendment No. 2 will not
be offered.
The Chair understands that amendment No. 6 will not be offered.
Amendment No. 8 Offered by Mr. Santos
The Acting CHAIR. It is now in order to consider amendment No. 8
printed in part B of House Report 118-216.
Mr. SANTOS. Mr. Chair, I have an amendment at the desk as the
designee of Mr. Nehls of Texas.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of the bill (before the short title), insert the
following:
Page 3, line 16, after the first dollar amount, insert
``(decreased by $39,860,000)''.
Page 15, line 9, after the first dollar amount, insert
``(increased by $34,860,000)''.
The Acting CHAIR. Pursuant to House Resolution 723, the gentleman
from New York (Mr. Santos) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from New York.
Mr. SANTOS. Mr. Chair, my amendment would reestablish the Victims of
Immigration Crime Engagement Office, also known as the VOICE office,
within the Department of Homeland Security.
In 2017, President Donald J. Trump, the greatest President of my
lifetime, established the VOICE office. Its mission was to provide
support for the victims and family members of crimes committed by
illegal aliens, also known as angel families, and to hold criminal
illegal aliens accountable for these heinous actions.
American citizens should never have to pay the consequences of
Biden's open border policies. Sadly, angel families are becoming far
too common.
Just a couple of weeks ago, a criminal illegal alien murdered yet
another American citizen in the State of Texas. The family of this
American would have had access to the critical services that the VOICE
office offered, but by the stroke of a pen, the Biden administration
converted the VOICE office in 2021 to instead help criminal illegal
aliens.
Let me repeat that, Mr. Chair. An office intended to help families
who had fallen victim to criminal illegal aliens, individuals who
should have never been here in the first place, is now helping those
very same criminals.
[[Page H4647]]
Secretary Mayorkas himself said: ``All people, regardless of their
immigration status, should be able to access victim services without
fear,'' at U.S. tax dollar expense.
What part of America First do Democrats not understand, Mr. Chair?
When the VOICE office was fully operational, it assisted thousands of
angel families, connected them to crucial services, and worked to hold
criminal illegal aliens accountable for their heinous actions.
It is a shame that the VOICE office must exist, but until the Biden
border crisis and full-scale release of criminal aliens are stopped,
angel families need this support.
To my Democrat colleagues, mark my words: If you haven't already, you
or someone you know will reap the consequences of an open border, and
you will wish you had the support offered by the VOICE office.
Mr. Chair, I hope my colleagues across the aisle will start to put
America first.
Mr. Chair, I urge adoption of my amendment, and I reserve the balance
of my time.
Mr. CUELLAR. Mr. Chair, I claim the time in opposition to the
amendment.
The Acting CHAIR. The gentleman from Texas is recognized for 5
minutes.
Mr. CUELLAR. Mr. Chair, I oppose this amendment.
There are already avenues for victims of crime to engage with both
the Department of Homeland Security's Victims Engagement and Services
Line or the Department of Justice's Office of Victims of Crime. The
Department of Homeland Security has protection for victims, and the
Department of Justice also has the Office of Victims of Crime.
This office would be duplicative of those efforts and would be a
waste of taxpayer dollars. We are doing that already. Frankly, when you
say this, you are basically taking the position that crime only occurs
when you have a migrant.
The stats do not support this conclusion. In fact, the Department of
Justice released a study in 2020 and found that undocumented immigrants
had substantially lower crime rates than native-born citizens and legal
immigrants across the range of felony offenses.
I don't care where the attack came from. I want to support the
victims. I want to support the victims, and that is what the Department
of Justice's Office of Victims of Crime does. Let's support that office
and provide it more funding.
Mr. Chair, I reserve the balance of my time.
Mr. SANTOS. Mr. Chair, as my colleague said, we already have the
service, and it is supported. The problem that I find is taking this
office and converting it into a mechanism to support the same people we
were supposed to give refuge to our victims from.
Mr. Chair, I urge my colleague to come clean, come to the table, and
tell the American people why he opposes funding another office to help
victims on a very targeted basis instead of funding the office to
actually go help the people who are causing harm and the purpose of why
the office was established.
Mr. Chair, I find it troubling that we can't simply put America first
when it comes down to discussing it with the other side of the aisle.
It is a sad day for America, and it is very unfortunate that my
colleagues on the other side of the aisle don't see the necessity to
protect angel families.
Mr. Chair, I yield back the balance of my time.
Mr. CUELLAR. Mr. Chair, I oppose this amendment. Again, the
Department of Justice Office of Victims of Crime supports everybody.
They don't ask you where the crime came in. They will support you. This
office would be duplicative of those efforts and would be a waste of
taxpayer dollars. Let the Victims Engagement and Services Line office
and the Office of Victims of Crime do their job. Let's make sure that
they get the support.
Mr. Chair, I oppose this amendment, and I yield back the balance of
my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from New York (Mr. Santos).
The amendment was agreed to.
Amendment No. 10 Offered by Mr. McCormick
The Acting CHAIR. It is now in order to consider amendment No. 10
printed in part B of House Report 118-216.
Mr. McCORMICK. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 3, line 24, after the dollar amount, insert
``(increased by $10,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 723, the gentleman
from Georgia (Mr. McCormick) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Georgia.
Mr. McCORMICK. Mr. Chair, I rise to offer amendment No. 10 to H.R.
4367, the Homeland Security appropriations bill for fiscal year 2024.
Amendment No. 10 will increase the amount of funds withheld from the
Office of the Secretary of DHS if it does not submit the ``State of the
Border'' report and the report on detention facilities by the
designated time required by law.
Agencies have a strong and problematic tendency to ignore or loosely
follow congressionally mandated reports. This amendment would put
pressure on DHS to provide these reports in a timely manner.
With the ongoing crisis at the U.S.-Mexico border, it is vital that
Congress receives accurate and up-to-date information from the
agencies.
A cornerstone of any Nation is its boundaries. A border defines where
one government ends and another begins. It denotes the separation
between two distinct peoples, cultures, and languages. Without a
border, we have no nation, no sovereignty.
In the first half of September alone--that is only 2 weeks--U.S.
border authorities had more than 142,000 encounters at the U.S.-Mexico
border. Fentanyl seizures at the border increased 164 percent from 2020
to 2022. This year, there have been over 21,000 pounds of fentanyl
confiscated. We have had over 110,000 overdose deaths just this last
year.
As an ER doctor who treated overdoses every shift last year, and
somebody who could not revive four of my patients from an overdose, I
take this very personally.
This isn't the only public health consequence of an open border.
Whether it is tuberculosis, measles, COVID, which many of the members
from the opposing party seem to be so concerned about, there is no way
to ensure that those who are crossing the border do not bring these
diseases into our country. This doesn't even address the chronic
problems such as congestive heart failure, emphysema, kidney failure,
cancer, which these patients will come to the ER for and you will wait
behind them in order to pay their bills.
The Biden administration has ignored the rule of law and refused to
secure our border. Not only will President Biden not do what is
necessary to stop the flow of migrants and drugs but encourages
problems by using humanitarian parole as a loophole to bring in up to
30,000 migrants each month from Central and South America.
Many of those individuals crossing the border are coming to make a
better life for themselves. However, too many of them have ties to
terrorist organizations and dangerous criminal cartels.
Worst yet, the Biden administration has lost count of 85,000
children. Our open border is giving the child exploitation industry a
huge boost.
We must secure the southern border. This is not just a bipartisan
problem and not just a bicameral problem. It is an American problem.
Mr. Chair, I urge my colleagues to support amendment No. 10 for
better accountability of DHS to provide Congress with the information
needed to make the right decisions for America.
Mr. Chair, I reserve the balance of my time.
Mr. CUELLAR. Mr. Chair, I claim the time in opposition to the
amendment.
The Acting CHAIR. The gentleman from Texas is recognized for 5
minutes.
Mr. CUELLAR. Mr. Chair, I rise in opposition to this amendment.
I understand what my colleague is talking about. We do want to make
sure that we address border issues, but we have to make sure that we
address it in the right way.
I will talk about the report. In fact, I will be happy to tell you
that I also get frustrated sometimes when we don't get the reports, and
I will be happy to work with you and with the chairman to get you that
report.
[[Page H4648]]
I will tell you that in the bill already, there is a $25 million hold
for this report. If you add another $10 million, does that make the
pain more painful?
Keep in mind that this account doesn't just fund bureaucracy. It also
funds suicide prevention efforts and other health security measures. It
funds child welfare professionals for tender-age kids in DHS custody.
It funds the Office for Civil Rights and Civil Liberties also.
I also get frustrated when we don't get the report. If you add
another $30 million, another $40 million, will that get you there?
You mentioned the border. Keep in mind that we are concerned, and I
want to make sure that we control our border. If you want to stop
drugs, as one of our colleagues said, most drugs will come in through
ports of entry, but we are not putting the emphasis on ports of entry.
We need to do a lot more, more canines, more technology. If you want
to look at the people who are illegally here, I remind everybody that
the number one violator for visa overstays, which have been millions
over the years, has been Canada. I don't hear any of you talking about
putting a wall between the U.S. and Canada. I say that because, again,
we have to be smart on how we address it.
I invite you down to the border. I love when people come in and spend
a few hours. I live there, and I will tell you, I will take the biggest
cities in your State--I would say if you take Atlanta and, on the
border, I take Laredo, murder, rape, and assault, we have lower crime
rates than the city, per 100,000. If you look at the national crime
rate for murders, the border crime rate is lower.
We have to look at crime as one issue and then look at migration. I
am with you. I hate open borders. I want to make sure that we work
together, but we have to do this in a bipartisan way.
I feel their frustration. There are some reports I wish we could get
faster. I will work with them and the chairman to get this report to
them.
Mr. Chair, for those reasons, I oppose this amendment, and I yield
back the balance of my time.
Mr. McCORMICK. Mr. Chair, I understand that he would get us the
report. I want a timely report, an accurate report, and I want it as we
agreed.
The one thing we have noticed is that agencies react very well when
we take away their money when they don't do what they are supposed to
do.
We cannot make the right decisions and the right arguments in front
of the American public unless we have complete and accurate
information.
This is just another tool to encourage the agency to do what they are
already obligated to do for us anyway. That should be a bipartisan
appeal to do the right thing and to be punished if they do the wrong
thing.
Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Georgia (Mr. McCormick).
The amendment was agreed to.
Amendment No. 11 Offered by Mr. Arrington
The Acting CHAIR. It is now in order to consider amendment No. 11
printed in part B of House Report 118-216.
Mr. ARRINGTON. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 4, line 9, after the dollar amount, insert ``(reduced
by $10,000,000) (increased by $10,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 723, the gentleman
from Texas (Mr. Arrington) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Texas.
Mr. ARRINGTON. Mr. Chair, I rise to offer an amendment to this
appropriations for Homeland Security where we would include H. Res. 50,
which affirms every sovereign State's right to self-defense.
In the face of this unprecedented and unmitigated humanitarian and
security crisis, States do not have to be a passive victim of a failed
Federal Government.
The Federal Government has failed because our Commander in Chief has
failed to do his first and most important job, provide for the common
defense. He has also failed to uphold the laws of the land. In fact,
title 8 of the U.S. Code says that no other citizen can induce people
to break the law, says that you can't harbor people who have broken the
law. In fact, it goes on to say that if you are doing that, you are
aiding and abetting lawbreaking.
I believe this administration has aided and abetted what I believe is
an invasion by drug cartels pushing their poison into our country, my
State, and our communities, killing our family and friends at hundreds
per day. It is the leading cause of death in this country.
We have a President and a Homeland Security Secretary with the
audacity to say that this border is under operational control of the
Department of Homeland Security of these great United States.
Baloney. Nobody believes it.
I just got back from Eagle Pass. The chaos and lawlessness have never
burned hotter. The people of those border towns have never felt more
abandoned.
It is shameful that a country as great as the United States of
America would surrender control of our border to paramilitary terrorist
cartels.
Here is the good news. Here is the saving grace for Texas and every
State in this country. They have the constitutional power of self-
defense, and it is explicit and crystal clear in the Constitution.
The Federal Government didn't create the States. The sovereign States
created the Federal Government. They made darn sure that in a situation
like this, when the Federal Government failed in its obligation to
repel an invasion, they would maintain the authority to defend their
border and their citizens from this chaos and the criminal elements
that are just deluging our great Lone Star State.
Article IV, Section 4, is the obligation of the Federal Government to
repel an invasion for each and every State. Article I, Section 10, is
clear: If there is an actual invasion or there is imminent danger such
that will not permit delay.
Now, I want my Democrat colleagues to explain to me why the current
conditions at the southern border, on account of this administration's
failures, is not imminent danger to the citizens of Texas such that
will not permit delay.
I stand with Governor Abbott and State leaders all along the southern
border and everywhere in this country. Stand up, fill the gap, enforce
the laws, deport, detain, secure the border, and for God's sake,
protect the citizens of Texas and all the good people of this country
and restore law and order.
We welcome the immigrant who wants a better life. We welcome the
immigrant who wants a better future for their family, but we will only
welcome those who respect our laws, our sovereignty, and the safety of
the American people.
That is where I stand, Mr. Chair, and I can do no other, say no
other. I am going to stand on that until we get a change up here in
Washington or we have all resources deployed to do the job the Federal
Government just apparently will not do on account, I believe, of a
President who would rather placate and appease a fringe group in his
party than prioritize the safety of the American people.
Mr. Chair, I reserve the balance of my time.
Mr. CUELLAR. Mr. Chair, I claim the time in opposition to the
amendment.
The Acting CHAIR. The gentleman from Texas is recognized for 5
minutes.
Mr. CUELLAR. Mr. Chair, I rise respectfully in opposition to this
amendment.
The U.S. Constitution grants the Federal Government the sole
authority to control immigration and secure the national borders.
I would say that if we would do this in partnership, working with the
State and local government, like we do with the program that we started
called Stonegarden where we provide funding, that would be the way to
do it. Unfortunately, there are some States that want to go solo on
doing certain things.
Let me give you an explanation. When the Governor from the State of
Texas put out the buoys, those buoys were less than a quarter of a mile
for a river that is 1,200 miles. Less than a quarter of a mile for a
river that is 1,200 miles long is like putting a postage stamp in the
middle of a football
[[Page H4649]]
field to stop a running back from crossing the 1-yard line.
The second thing is, when the Governor has talked about stopping
every truck like he is doing, what he is doing is--he said he is
inspecting every truck. I used to do the budget for the DPS. The only
thing they can do is check license plates, driver's licenses, or the
brakes and windshield wipers. They can't even open the trucks.
What they are doing is, in Eagle Pass, in El Paso, and other places,
they are stopping millions and hundreds of millions of dollars of trade
itself. Again, we want to work with the States, but you just can't go
solo on this.
Again, when you say lawlessness at the border, I would say in the
State of Texas, if you look at the most dangerous cities that we have,
none of them are on the border. I am not going to name any of my Texas
cities, but they are the big urban areas, per 100,000, where murder,
rape, and assault are a lot higher than at the border. Again, the
border is safe when we talk about crime.
On the issue of migration, I am with you. We need to have
repercussions, but we need to put money outside the 1-yard line and put
it on the 20-yard line and work with other countries.
In fact, when you look at 2015, when President Obama had the numbers
go down, it was because Mexico was stopping people. In 2019, when
President Trump was taking credit for stopping the numbers and having
the lowest crossings, do you know why? Because we got Mexico to do its
job on the southern border.
Again, we can either play defense on the 1-yard line or we can play
defense on the 20-yard line, and we have to look at this and how we
address it.
If you want to talk about crime, look at the big urban cities. Do we
want to make sure we secure the border? I am with you. We have to have
repercussions. We have to make sure that we play defense outside the 1-
yard line, but we can't have a State go solo.
They want to work with us? My brother was a DPS officer for 27 years.
I want to make sure that they work with us hand in hand, and
Stonegarden does that where we provide money to the cities, counties,
and States.
We are on the same page. We are just looking at this in a very
different way.
My good friend from my State of Texas, I am with him. I just oppose
this particular amendment.
Mr. Chair, I yield back the balance of my time.
{time} 1630
Mr. ARRINGTON. Mr. Chair, may I inquire as to how much time is
remaining.
The Acting CHAIR. The gentleman from Texas has 15 seconds remaining.
Mr. ARRINGTON. Mr. Chair, I love Henry Cuellar, and I couldn't
disagree more. More is said than done in this town. Ain't nothing
getting done on the border.
Texas, do your job. The Constitution is behind you, and so am I. God
bless, and go, West Texas.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Texas (Mr. Arrington).
The amendment was agreed to.
Mr. JOYCE of Ohio. Mr. Chair, I move that the Committee do now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
DesJarlais) having assumed the chair, Mr. Murphy, Acting Chair of the
Committee of the Whole House on the state of the Union, reported that
that Committee, having had under consideration the bill (H.R. 4367),
making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2024, and for other purposes, had come
to no resolution thereon.
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