[House Report 117-396] [From the U.S. Government Publishing Office] 117th Congress } { Report HOUSE OF REPRESENTATIVES 2d Session } { 117-396 ====================================================================== DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS BILL, 2023 _______ July 1, 2022.--Committed to the Committee of the Whole House on the State of the Union and ordered to be printed _______ Ms. Roybal-Allard of California, from the Committee on Appropriations, submitted the following R E P O R T together with MINORITY VIEWS [To accompany H.R. 8257] The Committee on Appropriations submits the following report in explanation of the accompanying bill making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2023. INDEX TO BILL AND REPORT Page number Bill Report TITLE I--DEPARTMENTAL MANAGEMENT, INTELLIGENCE, SITUATIONAL AWARENESS, AND OVERSIGHT Office of the Secretary and Executive Management... 2 5 Operations and Support..................... 2 5 Procurement, Construction, and Improvements 2 13 Federal Assistance......................... 2 13 Management Directorate............................. 3 13 Operations and Support..................... 3 13 Procurement, Construction, and Improvements 3 15 Federal Protective Service................. 3 16 Intelligence, Analysis, and Situational Awareness.. 4 17 Operations and Support..................... 4 17 Office of Inspector General........................ 4 17 Operations and Support..................... 4 17 Administrative Provisions.......................... 5 18 TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS U.S. Customs and Border Protection................. 11 19 Operations and Support..................... 11 19 Procurement, Construction, and Improvements 13 28 U.S. Immigration and Customs Enforcement........... 13 30 Operations and Support..................... 13 31 Procurement, Construction, and Improvements 15 39 Transportation Security Administration............. 16 40 Operations and Support..................... 16 40 Procurement, Construction, and Improvements 16 42 Research and Development................... 17 42 Coast Guard........................................ 17 42 Operations and Support..................... 17 43 Procurement, Construction, and Improvements 18 45 Research and Development................... 18 48 Health Care Fund Contribution.............. 48 Retired Pay................................ 19 48 United States Secret Service....................... 19 48 Operations and Support..................... 19 49 Procurement, Construction, and Improvements 21 50 Research and Development................... 21 50 Administrative Provisions.......................... 21 50 TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY Cybersecurity and Infrastructure Security Agency... 38 52 Operations and Support..................... 38 53 Procurement, Construction, and Improvements 39 62 Research and Development................... 39 62 Federal Emergency Management Agency................ 39 63 Operations and Support..................... 39 63 Procurement, Construction, and Improvements 39 67 Federal Assistance......................... 40 68 Disaster Relief Fund....................... 44 73 National Flood Insurance Fund.............. 44 76 Administrative Provisions.......................... 47 76 TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES U.S. Citizenship and Immigration Services.......... 51 77 Operations and Support..................... 51 77 Federal Assistance......................... 52 83 Federal Law Enforcement Training Centers........... 52 84 Operations and Support..................... 52 84 Procurement, Construction, and Improvements 52 84 Science and Technology Directorate................. 53 84 Operations and Support..................... 53 85 Procurement, Construction, and Improvements 53 86 Research and Development................... 53 87 Countering Weapons of Mass Destruction Office...... 53 91 Operations and Support..................... 53 91 Procurement, Construction, and Improvements 54 91 Research and Development................... 54 92 Federal Assistance......................... 54 92 Administrative Provisions.......................... 54 92 TITLE V--GENERAL PROVISIONS This Act........................................... Compliance with House Rules................ Tables..................................... Overview The Committee recommendation includes $85,832,575,000 in total discretionary appropriations for the Department of Homeland Security, including $60,300,000,000 within the bill's 302(b) budget allocation, $5,390,859,000 in discretionary appropriations offset by fee collections, and $19,945,000,000 as an allocation adjustment for major disaster response and recovery activities. The overall total is an increase of $4,524,619,000 above the fiscal year 2022 total and $2,517,716,000 above the President's budget request. The total within the allocation is $2,800,000,000 above the fiscal year 2022 level. Balanced Homeland Security Investments Investments in this bill are intended to balance competing priorities across the Department's important missions, all of which are critical to the security of the country. The bill continues important investments to recapitalize Coast Guard aviation and surface fleets, including continued support for the Polar Security Cutter, Fast Response Cutter, and Offshore Patrol Cutter programs; hire more Secret Service agents and Uniformed Division officers to reduce mandatory overtime; expedite the procurement of more effective imaging technology for the Transportation Security Administration and U.S. Customs and Border Protection (CBP); help communities develop public health-focused approaches to at-risk individuals before they commit a crime or engage in violence, including through grants, technical assistance, and research; and expand the capacity of the Federal Emergency Management Agency's disaster response workforce. The bill also continues to build on new initiatives, such as the Alternative to Detention (ATD) Case Management Program; the Office of the Immigration Detention Ombudsman; and the Migration Analysis Center, which will help inform budget requests and emergent resource requirements related to migration. Cybersecurity and Infrastructure Security The Committee recommends an increase of $334,136,000 above the fiscal year 2022 level for the Cybersecurity and Infrastructure Security Agency to better protect federal civilian cyber networks and help state and local governments and the private sector secure both cyber and physical infrastructure, including election infrastructure. Border Security For CBP operations, the bill recommends $230,876,000 above the request level, including $123,173,000 for additional Office of Field Operations staffing and $15,000,000 for innovative technology for a total of $40,000,000. Within the funds provided, the bill recommends not less than the following: $89,756,000 for forced labor to include the implantation of the Uyghur Forced Labor Protection Act, $44,900,000 for body worn cameras; $20,000,000 for the Unified Immigration Portal; $23,000,000 for mental health clinicians; and $3,500,000 for rescue beacons and the Missing Migrant Program. Within CBP's Procurement, Construction and Improvements account, the recommendation includes $107,259,000 above the request for new technology, both at and between the ports of entry, and makes available up to $100,000,000 in prior-year funding available for mitigation of the environmental impacts of border barrier construction. Civil Immigration Enforcement Immigration detention is civil detention; almost no one in the custody of U.S. Immigration and Customs Enforcement (ICE) is a criminal in the sense of having been convicted of a crime for which they have not served a criminal sentence. That is not to say that some individuals whom ICE arrests and detains are not threats to public safety; but the vast majority pose no such threat and, were they U.S. citizens, there would be no clamor to detain them. The bill continues to expand ICE's reliance on noncustodial, cooperative immigration compliance models by increasing funding for ATD programs. It funds improved communications and access to counsel for individuals in ICE's custody; and provides funding consistent with an average daily population in detention for single adults of 25,000 during fiscal year 2023, consistent with the budget request. This detention capacity for single adults will allow ICE to arrest, detain, and remove individuals who are enforcement priorities without over detaining anyone who is determined to be neither a flight risk nor a threat to public safety or national security. Transportation Security The bill provides $615,872,000 in new funding to allow the Transportation Security Administration (TSA) to compensate its workforce at levels that are commensurate with other federal agencies, and to extend other equivalent rights and protections. This is a matter of basic fairness to TSA personnel, who play a critical and physical demanding role in ensuring the safety of air transportation, and also because it will help address long-standing recruitment and retention challenges TSA has experienced since it was first established. Humanitarian Processing and Citizenship The U.S. Citizenship and Immigration Services (USCIS) asylum and refugee programs have long been funded by applicants and petitioners seeking unrelated immigration benefits, making fee rates needlessly higher than would otherwise be required for cost recovery. The bill provides funding to begin the transition of these humanitarian programs into USCIS's Operations and Support account. The bill also provides funding to increase asylum operations in anticipation of the additional workload USCIS will assume to adjudicate the asylum cases of individuals placed into expedited removal proceedings who claim a fear of return to their home country. Such adjudications had previously been handled only by the Department of Justice Immigration Courts, which continue to be challenged by significant case backlogs. Additionally, the bill provides $30,000,000 for the Citizenship and Integration Grant Program, $10,000,000 above the fiscal year 2022 level, to help future citizens complete their immigration journeys and successfully integrate and engage in their communities. References in the Report This report refers to certain entities, persons, funds, and documents as follows: the Department of Homeland Security is referenced as DHS or the Department; ``full-time equivalents'' are referred to as FTE; ``Information Technology'' is referred to as IT; ``program, project, and activity'' is referred to as PPA; any reference to ``the Secretary'' should be interpreted to mean the Secretary of Homeland Security; ``component'' should be interpreted to mean an agency, administration, or directorate within DHS; any reference to SLTT should be interpreted to mean state, local, tribal, and territorial; and ``budget request'' or ``the request'' should be interpreted to mean the budget of the U.S. Government for fiscal year 2023 that was submitted to Congress on March 28, 2022. TITLE I--DEPARTMENTAL MANAGEMENT, INTELLIGENCE, SITUATIONAL AWARENESS, AND OVERSIGHT Mission The mission of Departmental Management, Intelligence, Situational Awareness, and Oversight is to provide leadership and services to Department of Homeland Security (DHS) components; formulate policy guidance and directives; disseminate intelligence; identify and track performance measurements relating to DHS missions; and provide oversight for all DHS operations. OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT Appropriation, fiscal year 2022....................... $271,053,000 Budget request, fiscal year 2023...................... 316,180,000 Recommended in the bill............................... 394,765,000 Bill compared with: Appropriation, fiscal year 2022................... +123,712,000 Budget request, fiscal year 2023.................. +78,585,000 The Office of the Secretary and Executive Management (OSEM) plans and executes departmental strategies to accomplish agency objectives and provides policy guidance to departmental components. OPERATIONS AND SUPPORT Appropriation, fiscal year 2022....................... $236,053,000 Budget request, fiscal year 2023...................... 291,180,000 Recommended in the bill............................... 346,717,000 Bill compared with: Appropriation, fiscal year 2022................... +110,664,000 Budget request, fiscal year 2023.................. +55,537,000 The recommendation includes increases above the request totaling $55,537,000, including increases of $20,232,000 for the Office of Health Security and Resilience; $15,414,000 for the Office of Strategy, Policy, and Plans; $8,784,000 for the Office for Civil Rights and Civil Liberties; $8,311,000 for the Office of the Immigration Detention Ombudsman; and $2,796,000 for the Office of Partnership and Engagement. B-1 Visa Holders.--The Committee directs the Secretary to submit a report not later than 180 days after the date of enactment of this Act that includes summary data on B-1 personal or domestic workers, including visa holders' years of birth; genders; countries of citizenship and birth; dates of visa issuance and expiration; and the cities and states where the visa holders will be working. The report shall employ data disclosure avoidance measures to protect personally identifiable data and be made available to the public. The Secretary shall promptly inform the Committee if a federal agency partner does not comply with a request to provide relevant records needed to complete the report. Office of Partnership and Engagement (OPE).--The recommendation includes an increase above the request of $2,796,000 for OPE, including an increase of $500,000 for the Blue Campaign, for a total of $3,400,000 for the program in direct appropriations. The recommendation does not concur with the proposed transfer of $2,900,000 associated with the Blue Campaign from OPE to the Department's Center for Countering Human Trafficking, located within ICE's Homeland Security Investigations. The Committee is willing to reconsider the movement of the program after the Department has adequately responded to the Committee's request for information about the proposed move, including a description of its outreach efforts to stakeholder groups and an analysis of the potential impact of the move on undocumented victims of trafficking. The recommendation also rejects the proposed transfer to OPE of $604,000 associated with the Office for Faith and Neighborhood Partnerships from FEMA. Building Materials.--The Committee supports the use of sustainable building materials, including low carbon materials, that help minimize the environmental impact of construction projects and urges the Department to prioritize the use of such materials whenever possible. Center for Prevention Programs and Partnerships (CP3).--The recommendation includes an increase of $3,000,000 to support a national awareness campaign to raise awareness of prevention resources available in communities across the United States. Not later than 180 days after the date of enactment of this Act, and annually thereafter, CP3 shall submit to the Committee and make publicly available online a report containing the following: (1) For each risk factor or behavioral indicator used in CP3 trainings and programs, the evidence base supporting its inclusion, including peer-reviewed research validating its inclusion and whether the federal government has funded or supported the cited evidence; (2) A description of all privacy, civil rights, and civil liberties protections applicable to CP3 programs, whether administered directly by the Department, through grant recipients, or by other third parties, and a detailed description of how CP3 monitors grant recipient compliance with federal civil rights laws pursuant to 44 C.F.R. Part 7 and any other applicable statutory or regulatory provisions; and (3) Beginning with the fiscal year 2020 grant cycle, detailed descriptions of: (A) the operative policies for award decisions for each cycle, including the specific criteria for awarding grants and how they were applied; (B) the performance metrics and evaluation criteria for grant recipients for each cycle; and (C) a summary of all ongoing evaluations of grantees, including evaluation criteria and performance metrics, as well as a list of all completed or published evaluations. Counter-drug efforts in the Caribbean.--The Committee notes that the strategic location of Puerto Rico and the U.S. Virgin Islands in the Eastern Caribbean make them targets for transnational criminal organizations seeking to import illicit narcotics and other contraband into the continental United States. The Committee expects the Secretary to continue prioritizing border security and counter-drug efforts in and around Puerto Rico and the U.S. Virgin Islands, including through the Department-led Caribbean Border Interagency Group and Joint Interagency Task Force-South. Domestic Terrorism.--The Department is directed to coordinate with the Department of Justice (DOJ), including the FBI, and key public safety officials across the United States to promote information sharing and ensure an effective joint effort to combat domestic terrorism. The Department is also directed to review its anti-terrorism training and resource programs for federal and SLTT law enforcement agencies, with a focus on ensuring they are effective in helping agencies understand, detect, deter, and investigate extremist threats. Not later than 90 days after the date of enactment of this Act, the Department is directed to brief the Committees on Appropriations and Judiciary of the House and the Senate on an updated assessment of the domestic terrorism threat. The briefings shall also include an analysis of acts or attempted acts of domestic terrorism in the United States during fiscal year 2022. Domestic Violent Extremism Review.--Within 90 days of the date of enactment of this Act, the Committee directs DHS to provide a briefing on its efforts to implement the 15 recommendations addressed in its March 2022 internal review. The Committee also encourages the Department to continue to work with its interagency partners on adopting a consistent definition of ``domestic violent extremism''. Family Separation.--The Department should ensure that family unity is a primary factor when making criminal and civil charging decisions and, whenever possible and consistent with an assessment by a state-licensed child welfare professional that it is in the best interest of a child, that separated family units are reunited and transported together prior to removal, release from U.S. Customs and Border Protection (CBP) custody, or transfer to U.S. Immigration and Customs Enforcement (ICE) or Office of Refugee Resettlement (ORR) custody. The familial relationships of each family unit taken into DHS custody must be immediately documented and the location of every member of a separated family unit must be continuously tracked and a specific justification for the initial separation must be recorded, along with a justification for any continued separation. DHS must ensure that individuals being transferred from CBP to ICE custody, in CBP or ICE custody, under ICE supervision, or referred to DOJ for prosecution are asked about and have opportunities to report family separation incidents; verify the status, location, and disposition of family members; and regularly communicate with one another. The Department should also work with DOJ to ensure that information related to family separation that is shared during the course of a criminal prosecution is conveyed to DHS for purposes of family tracking and reunification. Family Separation: Extended Family.--For adult migrants placed into section 240 removal proceedings who are a category 2 immediate relative of a minor with whom they arrived, the Department shall ensure that ORR is made aware of the family relationship as soon as possible. The Committee supports the placement of ORR personnel in CBP processing facilities to begin the process of verifying such relationships and assessing the suitability of adult relatives to serve as the sponsor of their minor family member. Immigration Data.--The Committee directs the Office of Immigration Statistics to publish on its website, semiannually, I-129 data on employers, worksites, occupations, gender, and wages, for petitions in the E, H, L, O, P, and TN visa classifications. Additionally, the website shall include data on key visa and work programs administered by ICE through the Student and Exchange Visitor Information System, such as the J- 1 program and the F-1 Optional Practical Training program, including employment, wage, and gender data for all visas and programs categories. Data for the J-1 visa should be reported according to each J-1 sub-program. The data reported according to this directive shall not include personally identifiable information. Joint Requirements Council (JRC).--The Committee directs the Department to continue providing quarterly updates on JRC activities. The Committee is concerned that the JRC's strategic value to the homeland enterprise is not being fully realized. When it was established, the Committee understood that the JRC would lead the Department in efforts to create joint requirements--leading to the termination or combining of program and/or requirements where appropriate and leading to a more efficient and effective DHS. To date, it is unclear what, if any, programs or requirements have been addressed and changed as a result of the existence of the JRC. Not later than 60 days after the date of enactment of this Act, the Under Secretary for Management shall brief the Committee on the need for continued funding of the JRC or on what reforms DHS is undertaking to focus the JRC on the original vision. Law Enforcement Support.--The Department is directed to continue quarterly reporting, on a publicly accessible website, on requests to DHS law enforcement components for support in the form of personnel, aircraft, or other assets, consistent with reporting required for fiscal year 2022. Support to a non- federal entity in a location where First Amendment protected activity is occurring should only be provided if approved in advance by the Secretary, the Deputy Secretary, or the Under Secretary for Management, and the Department shall notify the Committee not more than 48 hours after the approval of such support. Legal Access.--The Committee is concerned that individuals in DHS custody do not have reasonable access to counsel, particularly prior to immigration court proceedings. Not later than 90 days after the date of enactment of this Act, the Department shall brief the Committee on current policies and standards related to access to retained or prospective counsel, including through telephone, video teleconferencing, fax, mail, and in-person communications. The briefing shall also address how ICE, CBP, and departmental oversight entities ensure compliance with such policies and standards. The briefing shall also include recommendations for improvements, including any funding requirements to improve facilities and technological capabilities to better ensure appropriate confidential and unmonitored attorney-client communications above the $60,000,000 in enhancements provided to ICE for this purpose in this recommendation. Migration Analysis Center.--The recommendation provides $6,514,000 above the request for the Office of Strategy, Policy, and Plans for the Migration Analysis Center (MAC), of which $5,499,000 is to restore and annualize the cost of funding provided in fiscal year 2022 to establish the MAC and $1,015,000 is for an additional enhancement, including for additional FTE. The Department is directed to ensure that funding and personnel resources for the MAC are clearly described in future budget requests. Additionally, the Department shall brief the Committee on an expenditure plan and schedule of anticipated milestones and activities not later than 45 days after the date of enactment of this Act. The briefing shall also address the extent to which the MAC has entered into agreements or is otherwise engaging with entities outside the Department, such as other federal agencies, academic institutions; state, local, tribal, and territorial communities; the private and non-profit sectors; and research communities. Nondisclosure Agreements.--The Committee urges the Department to amend the Homeland Security Acquisition Regulation to require procurement solicitations and contracts to include a clause prohibiting a contractor from requiring their employees or independent subcontractors to enter into a non-disparagement or non-disclosure agreement related to workplace harassment as a condition of employment, including sexual harassment, sexual assault, or retaliation for reporting, resisting, opposing, or otherwise participating in a workplace harassment proceeding. Office for Civil Rights and Civil Liberties (CRCL).--The Committee recommends $48,263,000 for CRCL, $8,748,000 above the request, including an increase of $250,000 for management and administration of the Alternatives to Detention (ATD) Case Management Program; $500,000 for implementation of the Women, Peace, and Security (WPS) Act; $4,901,000 to restore and annualize enhancements in the fiscal year 2022 funding Act for ATD Case Management Program administration ($750,000), WPS Act implementation ($580,000), and CRCL staffing ($3,571,000); and $3,133,000 to restore proposed cuts related to organizational efficiencies, administrative support contracts, and other contracts that were not sufficiently justified. CRCL shall continue to ensure that all individuals whose complaints it investigates receive information within 30 days of the submission of a final report or recommendations memorandum, including findings of fact, conclusions, and recommendations and ensure that such information is included in its annual report to Congress and posted on its website, consistent with individual privacy protections. Office of Health Security and Resilience (OHSR).--The recommendation accepts the proposed transfer of $48,902,000 from the Management Directorate and the Countering Weapons of Mass Destruction Office to the new OHSR, which the Secretary plans to establish in fiscal year 2022 using authority made available in section 513 of the Department of Homeland Security Appropriations Act, 2022 (division F of Public Law 117-103). The transferred funds include $14,550,000 first provided in fiscal year 2022 for child welfare professionals to oversee the care of children in CBP custody and the recommendation includes an additional $3,500,000 for a total of $18,050,000. Within the funds provided, the Committee expects the OHSR to establish a DHS Federal Advisory Committee for Children in Immigration Custody; obtain professional training and translation services; and provide for paid internships. Office of the Immigration Detention Ombudsman (OIDO).--The recommendation includes $28,570,000 for OIDO, an increase of $5,366,000 above the fiscal year 2022 enacted level and $8,311,000 above the request. Funding above the requested is intended to support the hiring of OIDO staff, in addition to supporting support contracts. The Ombudsman is directed to continue briefing the Committee quarterly on the office's activities and to provide at the first such briefing following the date of enactment of this Act, an obligation plan for fiscal year 2023 that includes details about the current and planned level of federal positions and FTE. The annual report of the Immigration Detention Ombudsman required by Public Law 116-93 shall include descriptions of the office's activities, findings, and recommendations, including copies of complaint forms and descriptions of complaint mechanisms; the number and types of complaints received, investigated, resolved, and referred to the Office of Detention Oversight, CRCL, or the Office of Inspector General (OIG). OIDO shall make public on its website statistics related to complaints received and resolved, policy recommendations, and reports of facility investigations upon their completion and associated component comments. Office of Immigration Statistics (OIS).--The Committee recognizes that the workload demands of OIS have increased significantly in recent years. To address this growing workload, the bill includes an increase of $3,900,000 for OIS, including funds for additional FTE. Official Reception and Representation Expenses.--DHS shall continue to submit quarterly obligation reports for official reception and representation expenses, as in prior years, and refrain from using such funds for collectibles or memorabilia. Parole Requests.--The Department shall continue to provide quarterly reports on the number of parole requests received and granted, and for those granted, the rationale for each grant and its duration. Performance Measures.--The Committee directs all agencies funded by this Act to comply with title 31 of the United States Code, including the development of their organizational priority goals and outcomes such as performance outcome measures, output measures, efficiency measures, and customer service measures. Prosecution Referrals.--Within 60 days of the date of enactment of this Act and updated quarterly thereafter, DHS shall make publicly available the following records and data on illegal entry and reentry prosecutions: (1) the current policy guidance for prosecution referrals; (2) the number of individuals referred for prosecution, by sector during the prior quarter; and (3) the country of origin, demographic information, and justification category for referring each individual. Protected Areas.--Not later than 60 days after the date of enactment of this Act, the Department shall brief the Committee on the implementation of the Secretary's October 27, 2021, memo entitled ``Guidelines for Enforcement Actions in or Near Protected Areas.'' The briefing shall include a description of the related training provided to CBP and ICE personnel; related documentation policies; and data showing the frequency of enforcement actions taken in or near protected areas, differentiated by category of protected area, rationale for taking the enforcement action in the protected area, and whether prior approval was obtained. Public Complaint and Feedback System Working Group.--The Committee recommends continued funding of $500,000, as requested, to support the activities of the Public Complaint and Feedback System Working Group, as directed in prior House reports. In addition, the working group should collaborate with the Department in developing standards to improve customer service and incorporating such standards into the performance plans required under 31 U.S.C. 1115. The Office of Public Engagement shall brief the Committee semi-annually on the progress of the working group, as described in the explanatory statement accompanying Public Law 115-141, as well as on progress in developing customer service standards. Public Reporting of Operational Statistics.--The Department is directed to submit quarterly Border Security Status Reports and data on the removal of the parents of U.S.-born children semiannually, as in prior years. Recalcitrant Countries.--Not later than 30 days after the date of enactment of this Act, the Department shall, in consultation with the Department of State and other relevant agencies, submit a report on efforts to remove migrants encountered from countries who currently refuse to accept returns. The report shall be submitted in unclassified form but may contain a classified annex. Record Preservation.--The Committee is concerned about the preservation of records related to the death, hospitalization, potential sexual assault or sexual abuse, assault or abuse of individuals held in DHS custody, as well as records related to allegations of medical malpractice against such individuals. DHS is directed to brief the Committee, not later than 60 days after the date of enactment of this Act, regarding component record preservation policies and requirements related to individuals in custody, including policies for making records available to individuals alleging harm done to them while in DHS custody or against whom allegations are made of criminal behavior or other behavior that results in placement in segregation or other punitive consequence. Reporting Mechanism.--The Committee reminds CRCL of a briefing requirement in the statement accompanying the fiscal year 2022 funding Act on current mechanisms for the intake of complaints from the public related to state and local law enforcement involvement in federal immigration enforcement. Rural Broadband Access.--To expand rural broadband infrastructure in unserved rural areas and tribal lands along the southwest and northern borders, the Committee encourages the Secretary to identify opportunities for public-private partnerships with broadband providers to incorporate affordable public accessible broadband into current and future tactical infrastructure projects. The Committee reminds the Department of the briefing requirement on these efforts that was required by the explanatory statement accompanying the fiscal year 2022 funding Act. Statelessness.--The Committee directs the Department to provide a briefing, not later than 90 days after the date of enactment of this Act, on CBP, ICE, and USCIS policies and practices related to the collection of data on the nationality or statelessness of individuals in DHS custody, under DHS supervision, or who apply or petition for immigration benefits. The briefing should address policies and practices for documenting and validating the identity and status of individuals who claim to be stateless, opportunities for individuals to identify as stateless, and ICE policies and practices related to statelessness when determining whether a removal is reasonably foreseeable. The briefing should also address whether statelessness should be a positive factor in applications for discretionary immigration benefits, waivers, or exercises of prosecutorial discretion for humanitarian reasons or in the public interest. Training.--The Committee supports the work of the DHS Law Enforcement Coordination Council (LECC) to review and improve the Department's use of force policies, including de-escalation tactics, the duty to intervene, and less lethal munitions, its efforts to improve training in ways that better ensure the protection of civil rights, liberties, and privacy, and its work to improve standards. The Department is directed to brief the Committee, not later than 90 days after the date of enactment of this Act, on the activities of the LECC. In addition, the Committee reminds DHS of the requirement in House Report 117-87 to provide an execution plan for providing training on trauma-informed care to CBP personnel who interact with migrants. This training should also be provided to Volunteer Force personnel and contract personnel providing support to CBP, along with ICE personnel who routinely interact with migrants. Use of Force Reporting.--The Committee encourages the Secretary to consider making participation in the National Use of Force Data Collection Program of the Federal Bureau of Investigation by state and local law enforcement agencies a condition for eligibility for federal grant funding, including State Homeland Security Program grants and Urban Area Security Initiative grants. Visa Overstay and Border Security Metrics.--The Committee directs the Department to continue to provide the report on visa overstay and border security metrics detailed in section 107 of the Department of Homeland Security Appropriations Act, 2018 (division F of Public Law 115-141). PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS Appropriation, fiscal year 2022....................... $- - - Budget request, fiscal year 2023...................... - - - Recommended in the bill............................... 8,048,000 Bill compared with: Appropriation, fiscal year 2022................... +8,048,000 Budget request, fiscal year 2023.................. +8,048,000 The recommendation includes $8,048,000 in a new Procurement, Construction, and Improvements account for the Medical Information Exchange, including $3,048,000 that was proposed through Operations and Support in the request and an increase of $5,000,000 above the request. FEDERAL ASSISTANCE Appropriation, fiscal year 2022....................... $35,000,000 Budget request, fiscal year 2023...................... 25,000,000 Recommended in the bill............................... 40,000,000 Bill compared with: Appropriation, fiscal year 2022................... +5,000,000 Budget request, fiscal year 2023.................. +15,000,000 The recommendation includes $15,000,000 above the request for the Alternatives to Detention (ATD) Case Management Services Program (CMSP). The total amount of funding made available in this account, which funds both Targeted Violence and Terrorism Prevention grants and ATD CMSP grants, is transferred to FEMA for administration. Management Directorate Appropriation, fiscal year 2022\1\.................... $3,782,209,000 Budget request, fiscal year 2023...................... 4,439,282,000 Recommended in the bill............................... 4,497,857,000 Bill compared with: Appropriation, fiscal year 2022................... +715,648,000 Budget request, fiscal year 2023.................. +58,575,000 \1\The amounts for each fiscal year include appropriations for the Federal Protective Service that are entirely offset by fee collections from other federal agencies, which for fiscal year 2023 are estimated by the Congressional Budget Office at $2,113,479,000. Mission The mission of the Management Directorate is to provide enterprise leadership and management and business administration services for the Department, as well as biometric and identity management services. OPERATIONS AND SUPPORT Appropriation, fiscal year 2022....................... $1,637,009,000 Budget request, fiscal year 2023...................... 1,753,425,000 Recommended in the bill............................... 1,787,000,000 Bill compared with: Appropriation, fiscal year 2022................... +149,991,000 Budget request, fiscal year 2023.................. +33,575,000 The recommendation includes $33,575,000 above the request, including $31,500,000 for migrant medical costs; $3,000,000 for the Cybersecurity and Diversity Fellowship program; and $1,888,000 for Program Analysis and Evaluation review and use of models in budget development. The recommendation does not include the requested funding of $2,788,000 for the Acquisition Data Analytics Platform Tool (ADAPT) and corrects for an undescribed proposed increase of $25,000. Advertising Services.--The Committee directs the Department to provide, as part of the fiscal year 2024 budget justification or as a report to the Committee not later than 60 days after the date of enactment of this Act, the following information: the total amount obligated for advertising service contracts for the prior fiscal year and a target amount for the current year and the budget year, including delineations of such total amounts obligated to socially and economically disadvantaged small business concerns, as defined in section 8(a)(4) of the Small Business Act (15 U.S.C. 637(a)(4)), and to women-owned and minority-owned businesses. ADAPT.--While the Committee is encouraged by the recent improvements in acquisition reporting by the Department, the request does not provide sufficient detail as to how this new tool will improve decision making and acquisition oversight or help the Department address the concerns that the Committee has raised about whether there is sufficient qualitative and quantitative review of the substance of the components' acquisitions rather the current review which often seems focused on meeting procedural requirements. The Committee directs the Department to provide a briefing on how such a tool would improve the outcomes of the Department's acquisitions within 90 days of the date of enactment of this Act. Budget Justifications.--The Department is expected to provide complete justification materials for the fiscal year 2024 budget request, including details for each office and program, and to clearly describe and account for current services, transfers, adjustments to base, and program changes. In addition to the detail provided in current reporting, the justifications shall incorporate output from predictive models used by DHS component agencies. For each relevant program area, justifications shall clearly describe and quantify the projections used to inform resource requests, indicate the offices and components impacted by the projections, and confirm whether the budget requests for those offices and components were developed using the same assumptions. In addition, the Chief Financial Officer is directed to ensure that fiscal year 2024 budget justification materials for classified and unclassified budgets of all components are submitted concurrent with the President's budget submission to the Congress. Common Operating Platform for Maritime Domain Awareness.-- The Committee is interested in the work that ICE, CBP, and the Coast Guard are doing to expand their maritime domain awareness, whether DHS is exploring the use of a common operating platform for all three components, and if so, where it should be housed. The Committee directs OCFO in conjunction with the JRC to provide a briefing on this topic within 180 days of the date of enactment of this Act. Component Staffing Plans.--The Department shall submit staffing plans to the Committee on a quarterly basis and shall ensure such plans are connected to activity-level details in the budget justification materials. Homeland Security Advanced Recognition Technology System (HART).--The Committee is disappointed that DHS did not take the opportunity to seek a truly independent analysis of the HART project, as envisioned in the fiscal year 2022 Joint Explanatory Statement and chose instead to rely on existing DHS review processes. The Committee directs the Department to undertake an independent validation and verification (IV&V) effort with a non-DHS entity in fiscal year 2023 and encourages beginning this process as soon as possible. The Department shall provide adequate disclosure of its technologies, data collection mechanisms, and sharing agreements among DHS immigration enforcement agencies other federal, state, local, and foreign law enforcement agencies, and other partners as relates to the development of HART. The Committee directs OBIM to provide a briefing, within 90 days of the date of enactment of this Act on its efforts to meet these disclosure requirements. Obligation Plans.--The Department shall continue to submit obligation plans on a quarterly basis, the Office of the Chief Financial Officer (OCFO) shall require the use of a uniform obligation plan template to ensure consistency across components, which shall include quarterly spending targets for each account and PPA. OCFO will also be responsible for ensuring that components with major acquisition programs include the breakout of these programs within their quarterly plans and provide additional context to describe and justify any changes from the prior submission. During the period of any continuing resolution, OCFO shall provide a briefing on the corresponding obligation and budget execution plan, as directed in House Report 114-215. Office of Biometric Identity Management (OBIM).--OBIM is directed to continue briefing the Committee on a semiannual basis on its workload, service levels, staffing, modernization efforts, and other operations. Vehicle Fleet Modernization.--The Department is directed to provide to the Committee an expenditure plan for funds provided in the bill for vehicle fleet modernization within 45 days of the date of enactment of this Act. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS Appropriation, fiscal year 2022....................... $491,816,000 Budget request, fiscal year 2023...................... 572,378,000 Recommended in the bill............................... 597,378,000 Bill compared with: Appropriation, fiscal year 2022................... +105,562,000 Budget request, fiscal year 2023.................. +25,000,000 The recommendation includes an increase above the request of $25,000,000 for the requested Joint Processing Center. Financial Services Modernization (FSM).--Within 90 days of the date of enactment of this Act, the Department shall brief the Committee on its FSM plans for fiscal year 2023. Headquarters Consolidation.--The Committee directs the Department to provide an update on headquarters consolidation not later than 30 days after the date of enactment of this Act. Multiple Funding Sources for Migrant Operations.--The Committee denies the proposal transfer from ICE to CBP the responsibility for the cost off-site medical claims for migrants in CBP custody. The Committee is concerned that there appear to be more than one funding stream to satisfy the same requirements, especially with regard to the care, custody, processing, and transportation of recent border crossers. Despite years of Committee attempts to resolve this issue, as far back as House Report 112-492 and through several oversight engagements since, the problem remains. In lieu of the proposed transfer of funding for migrant medical costs, the Committee provides this funding to the DHS Chief Readiness Support Officer, which shall work with the JRC, ICE, CBP, the Chief Financial Officer, the Office of General Counsel (as needed), and any other stakeholders to establish a written and enforceable policy that clearly delineates roles and responsibilities for the care, custody, processing, and transportation of recent border crossers. Such policy shall avoid allowing for multiple funding streams for the same activity. Not later than 60 days after the date of enactment of this Act and prior to the date such policy become effective, CRSO shall provide a brief to the Committee on the policy. Joint Processing Centers.--The Committee recommends $25,000,000 above the request for the Office of the Chief Readiness Support Office (OCRSO) for a third joint processing center. OCRSO shall continue to act as the executive agent for the design and construction of such centers in consultation with CBP, ICE, USCIS, and other DHS components. Not later than 60 days after the date of enactment of this Act, OCRSO shall brief the Committee on its plans and provide quarterly updates on the progress of JPC construction. FEDERAL PROTECTIVE SERVICE Appropriation, fiscal year 2022....................... $1,653,384,000 Budget request, fiscal year 2023...................... 2,113,479,000 Recommended in the bill............................... 2,113,479,000 Bill compared with: Appropriation, fiscal year 2022................... +460,095,000 Budget request, fiscal year 2023.................. - - - Mission The Federal Protective Service (FPS) delivers law enforcement and protective security services to federally owned, leased, or operated facilities. The Committee recommends $2,113,479,000 for the FPS, as requested, which is fully offset by fees collected from FPS customer agencies. The Committee encourages the Department to balance FPS fee increases with the impact of those fee increases on other parts of DHS. CARES Act.--The Committee appreciates the updates that FPS has provided in the past year on the outstanding payments due to vendors under section 3610 of the CARES Act (Public Law 116- 136). However, given that more than two years have passed since this provision was enacted to help vendors maintain their workforce, the Committee remains concerned about the timeline for completing this work. FPS is directed to brief the Committee within 30 days of the date of enactment of this Act on its planned timeline for completion and provide monthly updates thereafter until all eligible payments have been made. Obligations.--FPS is directed to submit to the Committee, not later than 30 days after the date of enactment of this Act, a table on object-class level obligations by PPA that displays actual obligations for fiscal years 2021 and 2022, along with actual obligations for fiscal year 2023 to-date and obligation projections for the remainder of the year compared to the estimates in the fiscal year 2023 request. FPS shall provide quarterly updates to this table and notify the Committee within 30 days of any changes to its estimates for Basic Security Services revenue. Intelligence, Analysis, and Situational Awareness Mission The missions supported through Intelligence, Analysis, and Situational Awareness are twofold: to equip the Homeland Security Enterprise with timely intelligence and information to keep the homeland safe, secure, and resilient; and to provide operations coordination, information sharing, situational awareness, a common operating picture, and departmental continuity. OPERATIONS AND SUPPORT Appropriation, fiscal year 2022....................... $298,171,000 Budget request, fiscal year 2023...................... 341,159,000 Recommended in the bill............................... 341,159,000 Bill compared with: Appropriation, fiscal year 2022................... +42,988,000 Budget request, fiscal year 2023.................. - - - Recommended adjustments to classified programs and more detailed oversight of funding for the Office of Intelligence and Analysis are addressed in the classified annex accompanying this report. Information Sharing to Prevent School Violence.--The Committee encourages the Office of intelligence and Analysis (I&A) to work with primary and recognized fusion centers to improve the use of open-source based threat analyses to detect threats online and supports voluntary information-sharing arrangements between the private sector, I&A, and fusion centers that help inform such analyses while at the same time protecting individual privacy. Office of Inspector General Mission The DHS Office of Inspector General (OIG) conducts and supervises independent audits, investigations, and inspections of DHS programs, projects, and activities; identifies fraud, abuse, mismanagement, and inefficiencies in the use of funds; and makes recommendations for improving the execution of DHS missions. OPERATIONS AND SUPPORT Appropriation, fiscal year 2022....................... $205,359,000 Budget request, fiscal year 2023...................... 214,879,000 Recommended in the bill............................... 218,379,000 Bill compared with: Appropriation, fiscal year 2022................... +13,020,000 Budget request, fiscal year 2023.................. +3,500,000 The recommendation includes $3,500,000 above the request, including $1,000,000 for pandemic-related investigations; $1,300,000 for border and immigration-related investigations, and $1,200,000 to fund the relocation and/or reconfiguration of three field offices with leases expiring in fiscal year 2023. The recommendation also includes a provision that transfers $14,000,000 of the $50,000,000,000 made available to the FEMA Disaster Relief Fund in the American Rescue Plan Act of 2021 (Public Law 117-2) to the OIG for oversight of the use of those funds. Custody Operations Reporting.--OIG is directed to continue its program of unannounced inspections of immigration detention facilities and to publish the results of the inspections and other reports and notifications related to custody operations activities on a publicly available website. The OIG shall regularly consult with congressional oversight committees and community service stakeholder organizations when developing and updating its strategy for conducting these inspections. Denial of OIG Access to Records and Information.--The OIG shall provide a quarterly report to the Committee concerning any component efforts to prevent or impede OIG access to records, documents, or other materials. The report shall include, at a minimum, a summary of the OIG request, a description of the component response to the request, and any other information the OIG determines appropriate. Monthly Budget and Staffing Briefings.--The OIG shall continue to provide the Committee monthly budget and staffing briefings, as described in the explanatory statement accompanying the fiscal year 2022 Act (Public Law 117-103). The briefings shall include all available sources of funds and shall be modified in fiscal year 2023 to shift away from program office profiles and instead reflect budget and staffing profiles by the types of audits, investigations, and inspections planned and executed. Title I--Administrative Provisions Section 101. The Committee continues a provision requiring the Department to submit a report to the Inspector General regarding grants or contracts awarded by means other than full and open competition and requires the Inspector General to review such grants or contracts and report the results to the Committees. Section 102. The Committee continues a provision requiring the Chief Financial Officer of the Department to provide a monthly budget and staffing report to the Committees. Section 103. The Committee continues a provision requiring the Secretary to link all contracts that provide award fees to successful acquisition outcomes. Section 104. The Committee continues a provision requiring the Secretary to notify the Committees of any proposed transfer of funds from the Department of Treasury Forfeiture Fund to any DHS component. Section 105. The Committee continues a provision related to costs associated with the use of government aircraft by DHS personnel in support of official travel of the Secretary and Deputy Secretary. Section 106. The Committee continues and modifies a provision requiring the Under Secretary for Management to provide quarterly acquisition information to the Committees. Section 107. The Committee continues and modifies a provision requiring specified documentation for pilot and demonstration programs and restricting the use of Operations and Support funding for any pilot or demonstration program involving more than 5 full time personnel equivalents or costing in excess of $1,000,000 unless the Secretary provides such information to the Committees related to the program's goals, metrics, and implementation plan. Section 108. The Committee includes a new provision transferring $14,000,000 to the OIG from amounts provided to FEMA for the Disaster Relief Fund in the American Rescue Plan Act of 2021 (Public Law 117-2). TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS U.S. Customs and Border Protection Appropriation, fiscal year 2022....................... $14,849,277,000 Budget request, fiscal year 2023...................... 15,404,905,000 Recommended in the bill............................... 15,743,040,000 Bill compared with: Appropriation, fiscal year 2022................... + 893,763,000 Budget request, fiscal year 2023.................. + 338,135,000 Mission The mission of U.S. Customs and Border Protection (CBP) is to enforce laws regarding the admission of non-resident persons into the United States and facilitate the flow of legitimate trade and travel. OPERATIONS AND SUPPORT (INCLUDING TRANSFER OF FUNDS) Appropriation, fiscal year 2022....................... $13,756,194,000 Budget request, fiscal year 2023...................... 14,459,625,000 Recommended in the bill............................... 14,690,501,000 Bill compared with: Appropriation, fiscal year 2022................... +934,307,000 Budget request, fiscal year 2023.................. +230,876,000 The recommendation includes $230,870,000 above the request, including increases above the request totaling $501,582,000 and reductions to the request totaling $270,706,000. Increases above the request include $12,602,000 to annualize activities funded in the fiscal year 2022 funding Act; $329,385,000 to sustain programs funded above the request in the fiscal year 2022 funding Act; $120,173,000 for an additional 250 CBP Officers, 500 technicians, and 500 mission support staff; $15,000,000 for innovative technology; $3,500,000 for rescue beacons and the Missing Migrant Program; $15,000,000 for an increase in the uniform allowance, $922,000 for internal affairs staffing; and $5,000,000 for tribal road. Reductions to the request include $125,489,000 associated with proposed base pay adjustments that were already addressed in the fiscal year 2022 funding Act; $113,717,000 for program enhancements that were already provided in the fiscal year 2022 funding Act; and $31,500,000 for migrant medical costs that are funded instead through the Management Directorate. Within the total amount provided, the recommendation includes $89,756,000 for preventing the importation of items produced with forced labor, to include $17,112,000 for the Advanced Trade Analytics Platform, $40,000,000 for innovative technology; $5,000,000 for tuition assistance; $17,000,000 for zero trust architecture; $20,000,000 for the Unified Immigration Portal; $23,000,000 for onsite mental health clinicians; $6,000,000 for caregivers and childcare services; $6,000,000 for Carrizo cane control; $44,900,000 for the Incident Driven Video Recording System, including body worn cameras and related requirements for Freedom of Information Act compliance and data storage; $10,000,000 for video monitoring capabilities; $10,000,000 for port of entry technology; and $6,076,000 for financial analytics. The COVID-19 pandemic continues to have a significant impact on the collection of trade and travel fee revenue on which the Office of Field Operations depends for a significant portion of its operations. Because the impact on fiscal year 2023 collections is uncertain and is still being estimated by CBP, the recommendation is based on the budget proposal and fee revenue estimates provided in CBP's budget request, with the understanding that Congress may need to address potential funding shortfalls later in the appropriations process. In lieu of funding, the CBP Chief Financial Officer shall continue to manage and oversee CBP's fee funding to ensure current year operational requirements are balanced against the continuing requirement to build and maximize the use of a carryover balance. Behavior Health Challenges.--The bill includes $23,000,000 to address behavioral health challenges within CBP. CBP is expected to address the following: (1) Develop a process to ensure that employees who utilize CBP behavior health resources are not adversely impacted solely because they self-identify a need for behavior health counseling and seek behavior health assistance; (2) Increase the number of local behavioral health professionals with experience providing psychological support services to law enforcement personnel; (3) Create a behavioral health curriculum for employees at the beginning of their CBP career to provide resources early and instill the importance of mental health; (4) Create periodic management training on crisis intervention and CBP's programs and services to aid employees with behavioral health issues; (5) Improve the existing Peer Support Program (PSP), to include additional training and resources for peer support personnel in the workplace and full-time PSP members across the Agency; and (6) Develop a voluntary alcohol treatment program. Not later than 30 days after the date of enactment of this Act, CBP shall brief the Committee on plans to address behavioral health challenges, to include a plan for the obligation of the funding provided. Border Barrier Mitigation Activities.--As noted in House Report 117-87, the Committee continues to be concerned about the impacts of border barrier construction on sensitive lands and wildlife along the southwest land border, including in national wildlife refuges, national forests, national monuments, and wilderness areas. To address these concerns, the bill provides authority to use up to $100,000,000 of prior year funds appropriated for border barrier construction that become available during fiscal year 2023 or future years for mitigation activities, including land acquisition, related to the construction of border barriers on federal land. Authority is also provided to allow for the transfer of funds to the U.S. Fish and Wildlife Service, the Bureau of Land Management, the U.S. Forest Service, and the National Park Services for the same activities. Border Search and Rescue.--Within 90 days after the date of enactment of this Act, CBP shall brief the Committee on its search and rescue efforts during fiscal year 2022, including: (1) the number of deaths, by sector and cause of death; (2) the number of rescue beacons, frequency of beacon activation, and rescues in response to beacon activation, by sector; (3) the results of the survey of Border Patrol stations on rescue beacons; and (4) options for reducing the number of migrant deaths along the border, including an assessment on the effectiveness of water supply sites and rescue beacons and the potential for increased collaboration with non- governmental organizations. Budget Briefings.--In addition to any other reporting or briefing requirements, and not later than 30 days after the submission of the fiscal year 2024 budget request, CBP shall provide detailed briefings on the activities of all CBP programs for the prior year, the current year to-date, and estimates for the remainder of the current year and the budget year. For procurement items, the briefings shall also include: (1) the quantity required and delivered by year for each program or item category; (2) a schedule that delineates acquisition and contracting events; (3) units delivered during the prior year and current year to-date, along with a delivery schedule for the remainder of the current year and the budget year; (4) plans for the obligation and expenditure of all unobligated funds, (5) descriptions of contractor and government activities; (6) top current risks for each program; and (7) a description of how CBP is measuring the operational contributions of each procurement program. For operational programs, the briefings should address: (1) operational capabilities supported by the base budget and by any enacted or proposed program changes; (2) personnel data by category (e.g., agents, officers, processing coordinators, trade specialists, etc.), including on-board staffing, funded and executed FTE; and end-of-year projects for on-board positions and FTE for the current year and the budget year; and (3) updated projections of immigration and customs fee collections and anticipated carryover. Where CBP anticipates end-of-year obligations will be below the enacted funding level, it shall provide an estimated range for those balances. Further, for any program where costs are driven, in part, by predictive analytics and modeling (e.g., flow to the border, workload staffing models, etc.) CBP shall provide an update on those projections. Checkpoint, Transportation and Roving Patrol Stops.--CBP shall continue to collect and report publicly on its website data pertaining to all checkpoints, transportation checks, and roving patrol stops, to be updated semiannually with all necessary redactions of personally identifiable information about specific individuals. For roving patrols, the data should include: (1) the total number of use of force incidents and arrests by location; (2) the citizenship status of subjects arrested; and (3) the amount and type of property seized. For transportation checks, the data should include: (1) a description of the boarding of public conveyance by CBP in air, maritime and ground stations, ports, and terminals when an arrest is made; (2) the total number of use of force incidents and arrests by location; (3) the citizenship status when an arrest is made; and (4) the amount and type of property seized. For checkpoints, the data should include: (1) the location of all tactical and permanent checkpoints that were in operation for any period of time; (2) the total number of use of force incidents and arrests by location; (3) the citizenship status of subjects arrested following secondary inspection; (4) the amount and type of property seized; and (5) a description of how the agency uses information collected by cameras and license plate readers. Corruption and Use of Force.--CBP shall make information on corruption and use of force allegations publicly available on its website, including at a minimum: (1) a description of each case reviewed by a national Use of Force Review Board (UFRB) and a summary of the UFRB's findings; (2) a description of each case addressed through CBP's internal review process and a summary of the findings; (3) a statistical summary of local UFRB activity; and (4) a description of any changes to policy, tactics, or training that were made based on CBP's or the UFRB's findings and the timeline for their implementation. Electronic Device Searches.--Committee directs CBP to publish data on its public website detailing the number of instances during secondary inspections in which POE personnel: (1) accessed the digital contents of any electronic equipment, delineated by the nationality and initial country of departure for the arriving individual in possession of such equipment; (2) accessed the digital contents of an online account, including social media handles and cloud-based accounts; (3) requested consent to access the digital contents of any electronic equipment belonging to or in the possession of a United States person, delineated by whether permission was granted; (4) requested a United States person to consensually disclose an access credential that would enable access to the digital contents of electronic equipment of such person, delineated by whether the credential was so disclosed; or (5) detained an individual for refusing to disclose or provide consent to access the digital contents of any electronic equipment belonging to them or in their possession, delineated by whether the individual was a United States person, and the length of time the individual was detained. In addition, CBP is directed to publish aggregate data on the race and ethnicity of individuals subject to secondary inspection for purposes of accessing digital content. The data required under this heading shall be published semi-annually. High-speed Pursuit.--Due to concerns over fatalities associated with Border Patrol high speed pursuits, the Committee directs CBP to provide a report, not later than 180 days after the date of enactment of this Act, on the following: (1) current CBP vehicle pursuit policies; (2) a comparison of CBP policies with those of local law enforcement in border areas; (3) consideration of the seriousness of the suspected criminal behavior of the potential target of a high- speed pursuit prior to initiating or continuing a pursuit; (4) the number of high-speed pursuits over the last three years; (5) the number of convictions resulting from the pursuits (to include type of convictions); (6) the number of crashes resulting from pursuits; and (7) the number of individuals injured, and the number killed during pursuits. Human Smuggling.--The Committee encourages the Department to work with its federal law enforcement partners to ensure that the enforcement of anti-drug and anti-smuggling laws is carried out in a manner protective of human life and safety. In particular, DHS should work to prevent the passage of any vehicle through a checkpoint or port of entry for purposes of a controlled delivery by another law enforcement agency if the vehicle may contain individuals being smuggled under unsafe conditions, such as the smuggling of one or more individuals in a confined or non-air-conditioned space. Incident-Driven Video Recording System (IDVRS).--The Committee provides $44,900,000 to deploy the IDVRS, including body worn cameras, to additional Border Patrol Stations. Not later than 90 days after the date of enactment of this Act and quarterly thereafter, CBP shall brief the Committee on IDVRS deployments and operations, including updates to the execution plan and schedule. Innovative Technology.--The Committee recommends a total of $60,000,000 for innovation technologies, to include $40,000,000 within Operations and Support (O&S) and $20,000,000 under Procurement, Construction, and Improvements (PC&I). CBP is directed to update the Committee on the planned obligation of these funds not fewer than 15 days prior to any obligation of funds. Funding shall not exceed $5,000,000 for any individual project. Migrant Care.--CBP, in conjunction with the DHS Chief Medical Officer, is reminded of the requirement in House Report 117-87 to brief the Committee on modifications to existing guidance on the treatment of migrants in CBP custody. Migrant Families in Custody.--When considering whether a family unit should remain together while in custody, the Commissioner should consider the criminal history of the parent, and the physical and mental health of all members of the family. When appropriate and feasible, CBP shall ensure that separated family units are reunited and transferred together prior to removal, release from CBP custody, or transfer to Immigration and Customs Enforcement custody. When CBP is responsible for the custody of unaccompanied children who are siblings, the Commissioner shall, to the extent practicable and when in the best interest of the children, place such siblings together in the same facility until the Department of Health and Human Services assumes custody pursuant to 8 U.S.C. 1232(b). Migrants and Personnel Training and Migrant Property.--CBP is reminded of the requirements in House Report 118-87 to provide an execution plan for trauma-informed care training, to include a timetable for full implementation, and for a briefing on migrant property policies and protocols. Migrant Safety.--CBP shall continue its policies and activities that help protect people who travel on foot through dangerous terrain after having entered the United States between the ports of entry. CBP shall continue to prohibit its personnel from engaging in any activity that could damage water and food caches and shall expand migrant safety efforts, including through the placement and maintenance of additional rescue beacons. The recommendation includes not less than $3,500,000 for rescue beacons and for the Missing Migrant Program. Not later than 90 days after the date of enactment of this Act, CBP shall brief the Committee on planned obligations. Multiple Funding Sources for Migrant Operations.--The Committee denies the proposed transfer of responsibility from ICE to CBP for paying for off-site medical claims for migrants in CBP custody. The Committee is concerned that there are several funding streams to satisfy the same requirements, especially as it related to the care, custody, processing, and transportation of recent border crossers, and despite years of attempts to have these issues resolved, the problem remains. In lieu of the proposed transfer of migrant medical costs, the Committee transfers the funding to the DHS Chief Readiness Support Officer to work with the JRC, ICE, CBP, the Chief Financial Officer, the Office of General Counsel (as needed), and any other relative entity to establish a written and enforceable policy, to be made available to the Committee, that clearly delineates the roles and responsibilities for executing such requirements. Additional direction is provided in Title I of this report. Prosecution of Asylum Seekers.--The Administration is reminded of U.S. obligations under the 1951 Refugee Convention to refrain from imposing consequences on asylum seekers based on the manner in which they enter the country. Land Port of Entry (POE) Infrastructure Capital Plan.--Not later than 30 days after the submission of the President's budget request for fiscal year 2024, the Commissioner shall submit a report that details its prioritization of POE infrastructure capital investment projects, the methods and models used to determine prioritization, and an overview of Public-Private Partnership agreements. The Committee encourages the Commissioner to work with the General Services Administration and the Office of Management and Budget on the annual 5-year Land POEs modernization plan, which is based on CBP's operational priorities and should include plans to complete the modernization of pre-9/11 POEs along the northern border. Specific attention should be paid to the health, safety, and welfare needs of CBP officers. Recruitment, Hiring, and Retention.--The Committee directs CBP to provide a briefing, within 60 days of the date of enactment of this Act, on efforts to improve hiring and retention by all of its law enforcement components. CBP shall prioritize and continue efforts to use available incentives to recruit and retain personnel in rural and remote areas and explore other strategies, such as innovative pilot programs that include successful strategies from the private sector, career path enhancements, alternative schedules, and workforce support programs. The briefing shall address enacted and obligated amounts for the prior year and current year, along with proposed amounts for the budget year and metrics used to measure the success of the efforts. Strategy to Combat Opioids.--CBP is reminded of the direction in House Report 117-87 to provide a briefing to the Committee on how the Strategy to Combat Opioids has influenced actions already taken, the results of those actions, a plan for updating the strategy, and the level of obligations for all activities associated with INTERDICT Act implementation. CBP is urged to provide personnel with personal protective equipment, handheld non-intrusive inspection equipment, and mobile detection devices, including those that detect secondary exposures. Within 180 days after the date of enactment of this Act, CBP shall brief the Committee on its policies and procedures for assessing the risk associated with packages from countries with a low capacity to transmit advance electronic data (AED). The briefing shall also address resource requirements, including infrastructure, equipment, and staffing needed to properly prescreen inbound items with and without AED. Video Monitoring.--The recommendation includes not less than $10,000,000 for video monitoring capabilities within Border Patrol facilities. The Committee continues the direction from the explanatory statement accompanying Public Law 116-03 that any failure of cameras and associated storage equipment in excess of 120 hours at any CBP holding facility must be reported to the Office of Professional Responsibility. Such reporting shall be updated weekly until the system is back online. Border Security Operations Border Patrol Hiring.--The budget proposes funding for 300 new Border Patrol Agents and 300 new Border Patrol Processing Coordinators. However, while CBP has made progress in hiring processing coordinators, Border Patrol agent hiring is not consistently keeping pace with attrition, leading to the continued reduction of total agents. Based on current estimates, CBP will need to hire more than 600 agents in fiscal year 2023 to reach the proposed agent total of 19,855 agents. To date, CBP has been unable to provide the Committee with executable plans, including metrics, to show how it will achieve a net increase of 600 agents. Accordingly, none of the funds for hiring agents and processing coordinators may be obligated prior to CBP briefing the Committee on a fully developed hiring obligation plan. Carrizo Cane.--The recommendation includes not less than $6,000,000 for efforts to control the growth of Carrizo cane along the Rio Grande River in Texas. CBP shall continue to provide quarterly updates on the performance of this program related to improved visibility, biomass reduction, and miles of river treated. Radios.--The Committee continues to direct CBP to review the need to retrofit U.S. Border Patrol radios to allow agents to operate on the CBP system or transfer to either a commercial LTE carrier or the First Responder Network Authority (FirstNet) LTE Network. Trade and Travel Operations Biometric Exit.--The Committee continues direction for CBP to provide a detailed expenditure plan for biometric exit activities within 90 days of the date of enactment of this Act, which includes information on the timeline for deployment of a biometric exit system, as well as a description of the capability funded in the 9/11 Response and Biometric Exit Account, established in Division O of Public Law 114-113, can procure and support. Further, the plan should include a realistic cost estimate for full implementation. CBP is encouraged to continue to deploy a biometric exit capability in the air environment. In line with CBP's vision for biometric exit, CBP is also urged to work in partnership with the air travel industry on the implementation of the Biometric Entry- Exit Program. Cargo Processing.--The Committee directs CBP to provide a briefing on its efforts to improve automated commercial cargo processing, to include passive scanning at POEs, not later than 60 days after the date of enactment of this Act. Foreign Trade Zone.--The Committee is concerned that insufficient staffing resources are being allocated to the Foreign Trade Zone (FTZ) program and directs CBP to provide a briefing, not later than 30 days after the date of enactment of this Act, on staffing requirements of the FTZ program, to include existing personnel gaps. Parole for Lightering Crewmembers.--Not later than 90 days after the date of enactment of this Act, CBP shall brief the Committee on the costs, to include work hours and both pay and non-pay costs if CBP no longer has to grant parole on a regular basis to lightering crewmembers. Lacey Act Amendment of 2008.--CBP is directed to provide a briefing, not later than 60 days after the date of enactment of this Act, on implementation of the Lacey Act Amendment of 2008, related to illegally sourced plants and plant products, including an assessment of any gaps in current enforcement efforts. Live Animal Imports.--CBP is reminded of the requirement in House Report 118-87 that directs CBP to issue a report to Congress evaluating the necessity of additional bonded warehouses for live animal imports. National Targeting Center (NTC).--The bill provides $251,993,000 for targeting operations. Within these funds, CBP is encouraged to review commercial, off-the-shelf artificial intelligence capabilities, visual analytics, and search platforms that might help improve NTC operations. Office of Trade.--The Committee provides $383,116,000, an increase of $6,375,000 above the request and $63,256,000 above the fiscal year 2022 funding level. This includes a total of $32,835,000 for combatting forced labor. Additionally, the bill provides $17,112,000 above the fiscal year 2022 level for the Advanced Trade Analytics Platform. CBP is encouraged to evaluate the use of supply chain traceability technology to determine the origin of cotton and other raw materials used in textile goods suspected of being produced using forced labor. Outbound Inspections.--CBP is reminded of the direction in House Report 118-87 to brief the Committee on efforts to interdict the outbound flow of smuggled firearms and illicit currency that facilitate the activities of transnational criminal organizations. Passive Person Scanning.--The Committee directs CBP to brief the Committee not later than 90 days after the date of enactment of this Act on the use of passive person screening to include current and planned deployment of the technology. Preclearance.--The Committee supports the continued expansion of the preclearance program and urges CBP to consider expansion to eligible partners in the Indo-Pacific region. CBP is reminded of the direction in House Report 118-87 to brief the Committee on the status of preclearance expansion efforts, including a list of expansion candidate countries and challenges to expansion, such as staffing, space, or other constraints. Port Upgrades.--The Committee urges CBP to routinely review the baseline facility service levels for each POE and take those service levels into consideration when acting on requests for facility and security improvements. CBP should share information on each POE's service levels with the port operator and, not later than 90 days after the date of enactment of this Act, provide aggregate information on current levels of service to the Committee. Resource Allocation Model (RAM).--Any modifications to the RAM shall be described at the field and office level in future budget submissions. Additionally, not later than 60 days after the date of enactment of this Act, CBP shall brief the Committee on resource and staffing shortfalls on the northern and southern borders compared to levels prescribed by the RAM for rail crossings and POEs in the land, air, and sea environments, including cruise ship terminals. CBP is encouraged to continue to improve the model by seeking external review. Secure Corridor Strategy.--CBP, the Federal Railroad Administration (FRA), Servicio de Adminstracion Tributaria (SAT), and freight railroads have collaborated on the implementation of a Secure Corridor Strategy that has improved the safety, security, and efficiency of cross-border trade and freight movement. The Committee continues to encourage CBP to continue working with FRA, SAT, and freight railroads to further implement this strategy. Tribal Travel Documents.--CBP is reminded of the requirement in House Report 117-87 to brief the Committee on the impact of non-WHTI compliant documents on tribal members and how CBP is working with tribal governments to address identification challenges. U.S. Citizens Held in CBP Custody.--The Committee directs CBP to provide a detailed report, within 90 days of the date of enactment of this Act, on the number of U.S. citizens detained for more than 24 hours at POEs during the last two fiscal years. The report should include the ages and other demographic information of the individuals detained, the length of detention, and the rationale for their detention. User Fee Airports.--Consistent with House Report 114-668 and House Report 116-180, the Committee strongly encourages CBP to give priority consideration to an application for POE status to any user fee airport that served at least 75,000 deplaned international passengers in the previous calendar year. Integrated Operations Air and Marine Operations (AMO) Maritime Requirements.--Not later than 120 days after the date of enactment of this Act, CBP shall provide a briefing detailing AMO resource and operational requirements related to securing the maritime borders and approaches, including the number and types of assets, technologies, and infrastructure. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS Appropriation, fiscal year 2022....................... $572,083,000 Budget request, fiscal year 2023...................... 440,280,000 Recommended in the bill............................... 547,539,000 Bill compared with: Appropriation, fiscal year 2022................... -24,544,000 Budget request, fiscal year 2023.................. +107,259,000 The Committee recommends the following increases above the request: $100,000,000 for border technology procurement; $20,000,000 for innovation technology; and $50,000,000 for non- intrusive inspection (NII) equipment. The recommendation includes the following decreases to the request: $20,221,000 for the common operating picture; $22,245,000 for the Multi- role Enforcement Aircraft; and $20,528,000 for the Light Enforcement Platform program. Aircraft Sensor Upgrades.--The bill provides $13,000,000 for aircraft sensor upgrades, as requested. Within the funds provided CBP is encouraged to consider the acquisition of high- definition electro-optic, low cost, lightweight multimode surveillance radar, and infrared sensors and KU-band satellite communications systems. Border Technology Procurement.--The Committee recommends $100,000,000 for border security technology, which shall only be available for autonomous surveillance, cross border tunnel threats, mobile surveillance, aerostats, geospatial capabilities, mesh networks, and search and rescue capabilities. The Commissioner is directed to prioritize procurement of the most cost-effective technologies based on lifecycle costs, system availability, reduced requirements for personnel, and input from sector leadership. CBP shall provide a briefing to the Committee on a plan for the obligation of these funds at least 15 days prior to any obligation. The plan shall require the direct approval of the CBP Commissioner and include: (1) details about the process for prioritizing the use of funds; (2) a summary of planned obligations for fiscal year 2023, delineated by technology type; (3) metrics that will be used to assess the cost effectiveness of each type of technology for which funds will be obligated and a plan for collecting the data required for such metrics; and (4) for continuing procurements, operational effectiveness data that supports continued investment, including evidence of support from sector leadership based on actual use of the technology. CBP shall notify the Committee at least 15 days prior to the obligation of any funds based on a change to the initial obligation plan. Innovative Technology.--The Committee recommends a total of $60,000,000 for innovation technologies, to include $40,000,000 within Operations and Support (O&S) and $20,000,000 under Procurement, Construction, and Improvements (PC&I). CBP is encouraged to review the following technologies: geospatial search and rescue; unmanned maritime vessels; remote sensing; mesh networking; satellite communications; vehicle communications in LTE-denied areas; and aerostats. CBP is directed to update the Committee on the planned obligation of these funds not fewer than 15 days prior to any obligation of funds. Funding shall not exceed $5,000,000 for any individual project. Light Enforcement Platform.--The Committee provides no funding, a decrease of $20,528,000 from the request, for the Light Enforcement Platform due to lack of executable schedule. Currently, AMO is finalizing an analysis of alternatives that is looking at either a fixed or rotary wing aircraft, but no decision has been made on the specific type of platform. Until DHS can provide additional details to include the type of aircraft and detailed cost and schedule information, a request for funding an aircraft is premature. Multirole Enforcement Aircraft.--The Committee recommends $38,000,000 for a new land variant multirole enforcement aircraft program. As noted in House Report 117-87, following the expiration of the previous contract for the maritime variant, CBP plans to issue a new Request for Proposals for a land variant later this fiscal year. The reduction recommended below the request is associated with the incremental funding strategy proposed by CBP. The Committee continues to strongly discourage incremental funding approaches except in cases of long lead time materials, such as for many Coast Guard shipbuilding programs. The Committee reiterates it will only recommend funding in a given fiscal year for the total cost of an end-item, as defined by section 525 of this Act, to ensure transparency in the full cost of an acquisition program. Non-Intrusive Inspection (NII).--The Committee recommends $50,000,000 for NII technology at land and sea ports of entry (POE); no funding for NII was proposed in the CBP budget. In fiscal year 2019, Congress provided $564,000,000 above the request to improve the POE vehicle inspection process--a paradigm shifting opportunity. The goal was to increase the percentage of vehicles inspected from one percent for privately owned vehicles (POV) and six percent for commercial vehicles to 40 percent for POV and 72 percent for commercial. It was the vision of Congress to revolutionize the existing inspection process at POEs by moving nonintrusive inspections to preprimary lanes and employ artificial intelligence, machine learning, and autonomous processes to not only streamline searches for drugs and contraband, but also to substantially increase security. Unfortunately, CBP delayed the obligation of funds for the inspection equipment until September 2021. Due to CBP's failure to adequately estimate associated civil works costs, the program unilaterally decided to remove the requirement to include under vehicle x-ray inspection. Moreover, CBP also failed to plan for, or invest in the integration of artificial intelligence, machine learning, and autonomy into the program. Instead, CBP's strategy continues to depend on CBP Officers to review thousands of images manually to hunt for anomalies while also attempting to match the images with manifests; there is nothing novel about this approach. This delay, short-sighted removal of under vehicle x-ray capabilities and failure to innovate CBP's processes is inexcusable and must be immediately addressed by current DHS leadership. The Committee rescinds $30,000,000 of the funds provided in fiscal year 2022 for NII and reappropriates the funding to focus only on creating the innovations first planned over four years ago. None of the funds provided may be obligated until CBP provides an obligation plan focused on the adoption of innovative processes and technologies to scan and catalogue images--freeing up scarce CBP Officers to perform other needed tasks. P-3 Aircraft Mission System.--CBP's P-3 aircraft is an integral part of the successful counternarcotics mission by providing surveillance of air, land, and maritime smuggling routes. However, while many platforms within DHS use a common mission management system that links sensors to allow for information sharing, the P-3 has yet to be upgraded with this capability. Not later than 30 days after the date of enactment of this Act, CBP shall brief the Committee on the current mission system integration efforts across CBP platforms and plans for the common mission system to be integrated into other assets, to include the P-3. U.S. Immigration and Customs Enforcement Appropriation, fiscal year 2022....................... $8,258,226,000 Budget request, fiscal year 2023...................... 8,099,890,000 Recommended in the bill............................... 8,396,329,000 Bill compared with: Appropriation, fiscal year 2022................... +138,103,000 Budget request, fiscal year 2023.................. +296,439,000 Mission U.S. Immigration and Customs Enforcement (ICE) enforces federal laws governing border control, customs, trade, and immigration to promote homeland security and public safety and helps facilitate the adjudication of legitimate claims of asylum and other claims for status to remain in the United States. Homeland Security Investigations (HSI) is responsible for disrupting and dismantling transnational criminal threats facing the United States. HSI special agents also conduct national security investigations targeting violations of the nation's customs and immigration laws. Enforcement and Removal Operations (ERO) enforces the nation's immigration laws by identifying and apprehending potentially removable noncitizens, detaining apprehended individuals when necessary, and--depending on the outcome of immigration court proceedings--removing them from the United States in a manner consistent with legal processes and procedures. ERO also ensures that potentially removable individuals are afforded due process, treated humanely, and offered case management services. OPERATIONS AND SUPPORT Appropriation, fiscal year 2022....................... $8,206,526,000 Budget request, fiscal year 2023...................... 8,002,128,000 Recommended in the bill............................... 8,298,567,000 Bill compared with: Appropriation, fiscal year 2022................... +92,041,000 Budget request, fiscal year 2023.................. +296,439,000 The recommendation includes an overall increase of $303,355,000 above the request, including $131,158,000 for HSI; $121,207,000 for ERO; and $44,074,000 for mission support activities. ICE shall continue to provide detailed operational and expenditure plans, as described in the explanatory statements accompanying Public Laws 116-6, 116-93, 116-260, and 117-103. ICE routinely fails to produce a monthly execution report or provide answers about the execution of appropriated funds, such as the status of funds and projected costs for program areas such as: child exploitation investigation efforts; 287(g) agreement execution and oversight; enforcement of forced labor and intellectual property rights laws; and enterprise-wide costs associated with tactical communications and fleet management. The bill includes a new administrative provision requiring monthly briefings on obligations and staffing levels and a proviso is included in the appropriating paragraph that reduces the amount available to ICE leadership offices when these briefings are not provided by the statutory deadline. In addition, ICE shall develop a plan to configure its financial and reporting systems to better budget for and monitor the costs of programs and initiatives and to track obligations and expenditures against those programs and initiatives; such a plan should be fully operational in the first half of fiscal year 2023. Not later than 60 days after the date of enactment of this Act, ICE shall brief the Committee on the status of this effort, including a description of anticipated risks and a mitigation plan to address those risks. Homeland Security Investigations Assessment of Transnational Criminal Organizations (TCOs).--The Committee continues to be concerned by reports of TCOs targeting legitimate businesses along drug trafficking routes. ICE is directed to update the assessment described under this heading in House Report 117-87 and shall brief the Committee on the results of the updated assessment not later than 120 days after the date of enactment of this Act. Blue Campaign.--The recommendation does not concur with the proposed transfer of the Blue Campaign from OPE to the Center for Countering Human Trafficking, located within HSI. Enhancing and Modernizing HSI Capabilities.--The Committee is concerned about the growing complexity and workload associated with executing HSI missions--especially given the increase in online and dark web activity, such as growing reports of online child sex abuse; criminal activity related to illicit opioid/fentanyl smuggling; and increased commercial trade fraud and intellectual property rights infringement. The Committee recognizes the advanced investigative skillset of the HSI workforce, the unique compilation of HSI legal authorities, and its critical role in investigating transnational criminal organizations involved in trafficking individuals into and within the United States. Therefore, the Committee provides a total increase of $131,958,000 above the request for HSI, including $74,339,000 to restore enhancements from the fiscal year 2022 funding Act; $35,235,000 to restore proposed reductions intended to achieve undefined efficiencies; and $24,084,000 for the HSI Border Security Enforcement Taskforces, including $13,500,000 for salaries and overtime for HSI state and local taskforce officers and $10,584,000 for equipment, travel, training, and other expenses. ICE is directed to update the Committee with details about the use of these additional funds as part of its monthly operational and spending plans. Further, ICE shall provide detailed staffing and budget assumptions about these efforts in future budget requests. Environmental Forensic Science.--The Committee encourages ICE, in consultation with the Science and Technology Directorate (S&T), to expand existing partnerships with external, forensic science academic partners to better combat transnational crime, particularly related to wildlife, narcotics, weapons, and human trafficking. Forced Labor.--HSI shall provide a briefing on its Forced Labor investigations within 120 days of the date of enactment of this Act. HERO Child-Rescue Corps.--ICE is directed to spend not less than $15,488,469 for this program. The Committee reminds ICE of the briefing on the status of the HERO apprenticeship program and looks forward to receiving this briefing as soon as possible. Angel Watch Center.--ICE is directed to include details about the Angel Watch Center as part of its monthly operational and expenditure plan briefings and include detailed staffing and budget assumptions about the Center in future budget requests. Intellectual Property Rights Coordination Center.--ICE is directed to spend not less than $18,470,375 for the Intellectual Property Rights Coordination Center. The Committee directs ICE to provide a briefing on its enforcement priorities, including its work on digital and streaming piracy, within 120 days of the date of enactment of this Act. Human Rights Violators.--ICE is directed to continue its efforts to investigate, remove, and prosecute individuals who have committed human rights abuses, including persecution, genocide, severe violations of religious freedom, torture, extrajudicial killing, use or recruitment of child soldiers, crimes against humanity, or war crimes. ICE shall provide a briefing to the Committee within 180 days of the date of enactment of this Act on the following: (1) the total number of prosecutions and investigations of human rights offenses and other offenses committed and their outcomes, delineated by serious human rights violators within each of the last five fiscal years; (2) efforts to increase the number of human rights investigations and prosecutions; and (3) any organizational, resource, or legal impediment to investigating and prosecuting more human rights violators. Targeting Traffickers.--The Committee directs ICE to submit a report on how it plans to increase undercover operations on darknet marketplaces and spoof online advertisements for fentanyl precursors or related chemicals on social media, business-to-business websites, or other classified-ad platforms. Wildlife Trafficking.--ICE shall continue its work in partnership with the U.S. Fish and Wildlife Service and CBP to combat wildlife trafficking and to continue to produce the related report required by Public Law 116-125. The report shall include options for making the required information available annually in a routine and public manner. Within 90 days of the date of enactment of this Act, ICE shall brief the Committee on budgetary and staffing resource needs for its wildlife trafficking investigative work. The briefing shall include historical funding levels and case hours dedicated to this effort covering fiscal years 2020 through 2022. Enforcement and Removal Operations The recommendation provides a total increase of $121,207,000 above the request, including increases of: $21,207,000 to restore proposed reductions intended to achieve undefined efficiencies; $20,000,000 to enhance legal access for detained individuals, including increased access to legal resources and electronic communications; $40,000,000 to improve phone access to asylum officers and legal representatives for detained individuals; $10,000,000 for the ICE Secure Docket Card program to allow noncitizens access to immigration files and documents; $20,000,000 for expansion of the Young Adult Case Management program; and $10,000,000 for Alternatives to Detention; ICE is directed to update the Committee on these programs as part of its monthly operational and expenditure plans, including both requested funding and the increases included by the Committee. Further, ICE shall provide detailed staffing and budget assumptions related to these efforts in future budget requests. 287(g) Program.--The recommendation continues a provision in the bill that requires ICE to provide a report to the Committee and the public regarding 287(g) steering committee membership and activities; performance data; the number of individuals placed into removal proceedings by 287(g)- designated officers; and any plans for future expansion of or changes to the program. ICE is directed to publish applications for new or renewed 287(g) agreements on its website at least eight weeks prior to entering into any such agreement. In addition, ICE shall ensure thorough vetting of 287(g) applicants to minimize detention conditions that do not fully comply with Performance-Based National Detention Standards and Prison Rape Elimination Act standards. OIG and CRCL are directed to provide rigorous oversight of the 287(g) program, and ICE is directed to notify the Committee prior to implementing any significant changes to the program, including any changes to training requirements, data collection, selection criteria, or the jurisdictions with which ICE has agreements. The bill continues a provision from prior years that prohibits the continued delegation of 287(g) authority to any local jurisdiction if the OIG determines that the jurisdiction has materially violated the requirements of its 287(g) agreement. Access to Legal Representatives and Asylum Officers.--The Committee is concerned that many individuals in ICE custody still do not have appropriate access to telephone services or electronic communications to contact legal and case support services or to contact USCIS asylum officers. In addition, the Committee continues to receive reports that individuals in ICE custody often have difficulty scheduling appointments with their legal representatives or accessing private spaces for their communications. ICE is directed to brief the Committee within 30 days of the date of enactment of this Act on plans to improve communications and access to counsel for those in its custody, including its use of the $60,000,000 recommended in the bill above the request for those purposes. Addressing Wrongful Removals.--ICE, USCIS, and other DHS components are directed to leverage all mechanisms provided by current law to facilitate the return to the United States of individuals who were unjustifiably removed from the United States under the immigration laws, or whose removal was subsequently determined to be contrary to law. Such mechanisms should include the use of humanitarian parole, supporting a respondent's motion to reopen, and stipulation to relief from removal. ICE should endeavor to ensure that such individuals are restored to their prior lawful status, to the greatest extent possible, or are afforded the ability to adjust to lawful status, as appropriate. Not later than 60 days after the date of enactment of this Act, ICE shall brief the Committee on its efforts to comply with these directives. Age-Outs.--ICE is again directed to prohibit the transfer or maintenance of custody by ICE of any person formerly designated as an unaccompanied child (UC) who reaches 18 years of age in the custody of the Department of Health and Human Services Office of Refugee Resettlement (ORR), as described in 8 U.S.C. 1232(c)(2), unless the ICE juvenile coordinator provides written certification of compliance with the requirement in 8 U.S.C. 1232(c)(2)(B) to consider placement in the least restrictive setting. This written certification must document the specific factors demonstrating that any alternatives to detention, including but not limited to any recommended in ORR's post-18 plan, would be insufficient to mitigate any danger to self, threat to public safety, and/or risk of flight. The Committee notes that neither the lack of a sponsor nor the lack of an ORR-developed post-18 plan should be dispositive factors. This written certification shall be provided to the individual and the individual's attorney of record upon request. In addition, the Committee directs ICE to ensure that training is provided to relevant personnel, including contract personnel, on policies and procedures to ensure compliance with 8 U.S.C. 1232(c)(2)(B). Such training shall be mandated annually for all officers who make custody decisions for children who turn 18 in ORR custody, including but not limited to deportation officers, field office juvenile coordinators, and supervisory detention and deportation officers. Finally, beginning not later than 30 days after the date of enactment of this Act, ICE shall provide a monthly report to the Committee with the number of UC who turned 18 in ORR custody and were then transferred to ICE detention, including a breakdown by ICE area of responsibility and the UC's most recent type of ORR placement, the reason for detention, and whether ORR provided a post-18 plan. Alternatives to Detention (ATD) and Case Management Services (CMS).--The recommendation provides an increase of $42,186,000 above the request, for a total of $569,319,000 for the ATD PPA to fund increases in enrollments into the ATD program, Secure Docket Program, and case management services and participation. The Committee urges ICE to use the least restrictive form of supervision necessary to ensure compliance with the terms of the program; conduct regular reviews of each participant's compliance and compliance obligations, with input from each participant's counsel and/or case manager; and de-escalate supervision requirements when warranted by such reviews. Further, any individual enrolled into ATD shall not be required to pay a bond for their release. Additionally, DHS and ICE are reminded of the reporting and publishing requirements regarding the ATD program described in the explanatory statement accompanying the Department of Homeland Security Appropriations Act, 2021, (Public Law 116- 260); the Committee reiterates the ATD CMS briefing and operational directives described therein. ATD Contracts.--ICE shall continue to brief the Committee on any ATD contracts it awards under this program, including contracts involving the Know Your Rights program for new participants. ICE shall also continue providing a monthly briefing on the number of noncitizens participating in the ATD program, by technology type and cost by technology type, as well as the number of participants who attend a portion of or all of their immigration court hearings. In addition, ICE shall continue to publish annually the following policies and data relating to ATD: (1) guidance for referral, placement, escalation, and de-escalation decisions; (2) enrollment by Field Office; (3) information on the length of enrollment broken down by type of ATD; and (4) a breakdown of enrollment by type and point of apprehension. The recommendation also continues the case management services grant program, which is funded in the ``Office of the Secretary and Executive Management--Federal Assistance'' account and overseen by the Office for Civil Rights and Civil Liberties. ATD Referrals.--ICE shall continue to submit quarterly reports to the Committee until the ATD referrals guidelines are finalized. ICE shall submit an annual report on the number of referrals submitted by non-government organizations and the number of such referrals accepted into ATD programs that utilize case management programs. Bond Payments.--The Committee reminds ICE of its requirements to provide the monthly bond statistics described in House Report 116-9 and directs ICE to continue providing such information in fiscal year 2023. Further, not later than 30 days after the date of enactment of this Act, ICE is directed to provide a briefing to update the Committee on the status of allowing the general public to post and pay bonds electronically. Bond Payments and the Use of Bail Bond Agents.--Within 180 days of the date of enactment of the Act, the Committee directs ICE to provide a briefing on the use of bail bond agents by individuals in ICE detention, including recommendations on how to ensure that such individuals fully understand the costs of using bail bond agents and related businesses and are made aware of available alternatives. Detention Capacity.--The Committee expects ICE to require fewer detention beds as it shifts from its historical reliance on a punitive enforcement model toward a more cooperative compliance model through the use of the ATD program and case management services. As ICE transitions to this new model, there will continue to be a requirement for the short-term detention of some adult asylum seekers presenting at the border whose claims will be processed initially in ICE facilities according to title 8 laws and regulations. To prevent overcrowding that would create dangerous and inhumane conditions in CBP's short-term holding facilities, the recommendation supports the Administration's request for an average daily population (ADP) of 25,000 for single adults for fiscal year 2023. Detention Contract Transparency.--ICE is directed to continue the monthly publishing of a consolidated compilation of contract documents for each of the facilities it uses for immigration detention purposes, including the most current and complete contract modification or addendum, any subcontracts, and all bid solicitation requests. Not later than 30 days after the date of enactment of this Act, the ICE Office of Acquisition Management shall brief the Committee on the status of complying with this requirement. Additionally, the Committee directs ICE to publish: (1) pre-occupancy inspection reports, full inspection reports, Technical Assistance Reviews, and unredacted inspection reports (unless required to protect personally identifiable information); (2) reports indicating whether a facility is scheduled for follow-up inspections including future Technical Assistance Reviews; (3) the most current and complete contract modifications or addendums, any subcontracts, and all bid solicitation requests; (4) requests for Information (RFIs) and Requests for Proposals (RFPs) for any new or extended ICE detention contracts; and (5) a consolidated compilation of all contract documents for each of the airline contracts or subcontracts ICE uses for removal flights, lateral flights, or expulsion flights executed pursuant to the Title 42 public health order. For any information in the contracts ICE claims requires redaction under 5 U.S.C. 552, the Committee directs ICE to provide the Committee with a written explanation for each such redaction along with an unredacted version of each such document. ICE shall refrain from redacting contract records that are released without redactions in full by local governments that are parties to the contract. Detainee Forms.--ICE is directed to make every reasonable effort to provide forms to detained persons in a language in which the person is conversant, beginning with any forms detained persons must sign. Detention Standards for Transgender Detainees.--In cases where ICE determines that detention is necessary for a noncitizen person who self-identifies as transgender, the Committee strongly urges the agency to only detain that person in a facility that is contractually obligated to meet, at a minimum, the requirements described in Attachment 1 of the June 19, 2015, ICE memorandum entitled, ``Further Guidance Regarding the Care of Transgender Individuals'', unless such person declines placement in such a facility after being informed of the opportunity to do so. Emergency Family Shelters.--The recommendation includes $25,000,000 for emergency family shelters. The Committee supports the Administration's end to the extended detention of families and notes that ICE's current short-term custody approach is intended to hold families for 72-hours or less for the purpose of completing any needed processing documentation; assessing health concerns; and enrollment into ATD and case management services. It is critical that those activities not occur in CBP holding facilities, which were designed for the short-term processing of single adults and are particularly inappropriate for families with children. Menstrual Hygiene Products in Detention Facilities.--ICE shall ensure that such products are freely available, as needed, in detention facilities. ICE shall brief the Committee not later than 45 days after the date of enactment of this Act regarding the status of ICE's compliance with this requirement. Multiple Funding Sources for Migrant Operations.--The Committee denies the proposal transfer from ICE to CBP the responsibility for the cost off-site medical claims for migrants in CBP custody. The Committee is concerned that there appear to be more than one funding stream to satisfy the same requirements, especially with regard to the care, custody, processing, and transportation of recent border crossers. Despite years of Committee attempts to resolve this issue, as far back as House Report 112-492 and through several oversight engagements since, the problem remains. In lieu of the proposed transfer of funding for migrant medical costs, the Committee provides this funding to the DHS Chief Readiness Support Officer, which shall work with the JRC, ICE, CBP, the Chief Financial Officer, the Office of General Counsel (as needed), and any other stakeholders to establish a written and enforceable policy that clearly delineates roles and responsibilities for the care, custody, processing, and transportation of recent border crossers. Such policy shall avoid allowing for multiple funding streams for the same activity. Not later than 60 days after the date of enactment of this Act and prior to the date such policy become effective, CRSO shall provide a brief to the Committee on the policy. Pregnant, Postpartum, and Lactating Women.--ICE is directed to provide semiannual reports on the total number of pregnant, postpartum, and lactating women in ICE custody, including detailed justification for the circumstances warranting each such detainee's continued detention and the length of her detention. These anonymized reports shall be made publicly available on the ICE website. Reliance on Gang Databases.--The Committee looks forward to a briefing on the forthcoming evaluation of the accuracy of ICE databases used to issue immigration detainer requests, which shall be provided not later than 30 days after its completion. Removal and Detention Reporting.--ICE shall continue to submit data on the removal of parents of U.S.-born children semiannually, as in prior years, and shall also report semiannually on removals of former members of the armed services. Additionally, ICE is directed to provide a semi-annual report to the Committee detailing the number of individuals, by field office, who are detained by ICE for removal from the United States but are subsequently determined to be U.S. citizens, along with the average and median lengths of stay in detention for such individuals. The report should also describe ICE's process for adjudicating claims of U.S. citizenship by individuals it arrests for removal from the United States; major impediments to more quickly resolving such claims; and ICE's efforts to mitigate those impediments. The first report is due within 90 days of the date of enactment of this Act. Reporting on Criminality and Enforcement Priorities.--ICE shall provide monthly briefings on detention and removal actions as outlined in the explanatory statement accompanying Public Law 117-103. This reporting shall differentiate individuals detained or removed as a result of interior enforcement efforts versus those from CBP encounters at the border. Segregation in Detention.--The Committee remains concerned with the misuse of segregation in ICE detention, especially for vulnerable and special populations. Within 90 days of the date of enactment of this Act, ICE is directed to brief the Committee on the status of implementing the recommendations in the October 21, 2022, OIG report entitled, ``ICE Needs to Improve Its Oversight of Segregation Use in Detention Facilities'' (OIG-21-01). ICE should continue to report on these populations as outlined in the explanatory statement accompanying the fiscal year 2022 funding Act. Special Immigrant Juvenile Status (SIJS).--The Committee reinforces the value of the SIJS program in protecting abused, abandoned, and neglected children whose best interests are to remain in the United States, as determined by a state juvenile court. The Committee urges ICE to prioritize implementation of its victim-centered approach guidance and maximize utilization of deferred action to further the goals of this classification. Mission Support The recommendation provides an increase of $44,074,000 above the request, which includes the following adjustments: $9,074,000 to restore enhancements from the fiscal year 2022 funding Act and reject a proposed reduction to achieve undefined efficiencies for the Office of Professional Responsibility; and $35,000,000 for the body worn camera program. Body Worn Cameras (BWC).--The recommendation provides $35,000,000 to allow ICE to implement the Department's new BWC policies, including the development of agency guidance and training for ICE personnel. In developing its guidance and policies, ICE should use any results from its BWC pilot program. Not later than 60 days after the date of enactment of this Act, ICE shall brief the Committee on the timeline for implementation and deployment of cameras to ICE personnel. This briefing should also include a discussion of any anticipated civil liberties or other concerns that may present challenges; how the availability of recorded footage will comply with Freedom of Information Act requirements; specific activities/ operations where the use of body-worn cameras could compromise undercover criminal investigations; and activities where the use of body-worn cameras will be of particular benefit to the safety and wellbeing of officers, agents, detained individuals, and the public. Office of Detention Oversight (ODO).--The Committee is encouraged by ODO's fiscal year 2022 progress, including: planning to conduct additional, unannounced inspections; reviewing compliance with each detention standard not less than once every three years at each facility; to expand ODO's oversight to facilities that detain individuals for 72-hours or less; and conducting reviews and inspections of any special or emerging facilities and programs. Not later than 90 days after the date of enactment of this Act, ODO is directed to brief the Committee on Appropriations, the House Judiciary Committee, and the House Committee on Oversight and Government Reform on its updated plan for detention facility inspections. ICE is reminded that the detailed results of these inspections shall be promptly published on a public-facing website, redacted as needed to protect any personally identifiable information, along with a plan of action and milestones to address any deficiencies that were identified during the inspection. The status of addressing such deficiencies shall be validated by OIDO and be updated on the ICE website not less that quarterly. Consistent with direction provided in prior years, the ICE Director shall have sole authority to approve detention standard waivers and shall notify the Committee of any such waiver within three business days of approval. Additionally, ICE shall report publicly on a quarterly basis on any waivers issued, including the justification for each such waiver. Office of the Principal Legal Advisor The recommendation provides the requested $402,314,000 for the Office of the Principal Legal Advisor, including the requested PC&I resources for additional OPLA facilities to correspond with new Executive Office of Immigration Review locations. Protecting Separated Families.--OPLA attorneys shall, as appropriate, resolve removal proceedings for separated families through the use of stipulations and DHS shall expeditiously adjudicate humanitarian parole requests submitted by or on behalf of separated and removed family members seeking to enter the United States. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS Appropriation, fiscal year 2022....................... $51,700,000 Budget request, fiscal year 2023...................... 97,762,000 Recommended in the bill............................... 97,762,000 Bill compared with: Appropriation, fiscal year 2022................... +46,062,000 Budget request, fiscal year 2023.................. - - - The recommendation provides $97,762,000, as requested, including $39,000,000 for a new medical and dental building and a new administration building at the El Paso Service Processing Center and $8,000,000 for cybercrimes technology and facility enhancements. The Committee appreciates the justification and details provided in the briefing on ICE's proposed use of these funds. ICE is directed to include project- or investment-level details in its monthly operational and expenditure plans, which shall include any carryover balances of prior year funding. Colocation of ICE offices.--Not later than 120 days after the date of enactment of this Act, ICE shall brief the Committee on its long-term colocation efforts. This briefing should include a list of ERO, OPLA, HSI, and other ICE offices with expiring leases over the next five years, any existing colocation plans, and the estimated cost and savings (or cost avoidance) associated with planned or potential colocations. Facilities Backlog and Use.--ICE should update its plan for completing facility condition assessments and provide quarterly update briefings to the Committee on the plan, beginning not later than 90 days after the date of enactment of this Act. ICE is directed to incorporate these assessments into its outyear budget requests for deferred maintenance funding. Transportation Security Administration Appropriation, fiscal year 2022....................... $8,487,461,000 Budget request, fiscal year 2023...................... 10,045,602,000 Recommended in the bill............................... 9,770,084,000 Bill compared with: Appropriation, fiscal year 2022................... +1,282,623,000 Budget request, fiscal year 2023.................. -275,518,000 Mission The Transportation Security Administration (TSA) is charged with protecting U.S. transportation systems while facilitating the flow of travel and commerce. OPERATIONS AND SUPPORT Appropriation, fiscal year 2022....................... $8,091,193,000 Budget request, fiscal year 2023...................... 9,542,725,000 Recommended in the bill............................... 9,244,863,000 Bill compared with: Appropriation, fiscal year 2022................... +1,153,670,000 Budget request, fiscal year 2023.................. -297,862,000 The recommendation includes the following increases above the request: $94,147,000 to continue staffing at certain exit lanes; $6,854,000 to maintain fiscal year 2022 staffing levels for Surface Visible Intermodal Prevention and Response (VIPR) teams; $4,000,000 for pipeline cybersecurity activities; and $4,500,000 for Federal Flight Deck Officer and Crew Training. The recommendation includes the following decreases to the request: $4,446,000 for the Real ID program management office; $9,425,000 for on-person algorithm development that was previously funded above the request in fiscal year 2022; $22,344,000 for credential authentication technology, which the recommendation funds in the PC&I account; and $376,148,000 for repricing of personnel system changes. Acquisition Staffing.--The Committee includes $5,000,000 above the request to hire additional support staff to accelerate the opening of a new checked baggage qualification window. Biometric Identity Validation Tools.--The Committee supports the development of biometric identity validation tools by both the private and public sector to improve security and facilitate the passenger journey from curb to gate. The COVID- 19 pandemic highlighted the necessity for the Office of Biometric Identity Management, TSA, and CBP to continue funding and expanding technology programs to decrease touchpoints for domestic and international passengers while also protecting personal identifying information. Federal Flight Deck Officer and Crew Training.--The Committee provides $25,399,000 for Federal Flight Deck Officer and Crew Training, including $3,000,000 to support continuation of initial training and $1,200,000 for expanded recurrent training. Not later than 90 days after the date of enactment of this Act, TSA is directed to brief the Committee on Federal Flight Deck Officer (FFDO) and Crew Training program enrollment, the backlog of FFDO candidates awaiting initial training, utilization numbers for FFDO recurrent training, FFDO firearms recertification training, and plans to mitigate discrepancies between the President's budget request and resource requirements. Modernization and Interoperable Gateway System Communications Pilot Program.--The Committee anticipates a briefing on the feasibility, potential benefits, cost, and schedule of the Modernization and Interoperable Gateway System Communications Pilot Program, as required in House Report 117- 87. National Deployment Force.--No funding enhancement was included in the request for the National Deployment Force (NDF) in the fiscal year 2023 request, despite a 300 percent increase in NDF officer deployments thus far in fiscal year 2022. The NDF supports airport screening operations during emergencies, seasonal demands, severe weather conditions, or increased passenger activity requiring additional screening personnel above those normally available at airports. Not later than 90 days after the date of enactment of this Act, the Committee directs TSA to provide a briefing on the increased demand for the NDF workforce, which shall include a detailed budget and staffing profile for fiscal years 2021 through 2023. Personnel System Changes.--Most TSA personnel currently participate in a TSA-specific pay structure that provides compensation at rates significantly lower than similar jobs in the federal civil service. The Administration has proposed changes to the TSA system to make TSA pay commensurate with other federal agencies, and to extend other equivalent rights and protections. The Committee supports these changes as a matter of basic fairness to TSA personnel, who play a critical and physically demanding role in ensuring the safety of air transportation, and also because it will help address TSA's long-standing recruitment and retention challenges. The Administration proposed to pay for this change to the TSA pay system through a change to current law that would end the diversion of a portion of passenger security fee revenue to the Treasury. Unfortunately, the Committee is unable to effect that statutory change in a way that would help make available additional resources for fiscal year 2023. Nevertheless, the Committee recommends $615,872,000 for the proposed personnel initiatives, an amount calculated to allow a transition to the new pay system not later than April 1, 2023. Screening Technology Maintenance.--The Committee is aware of the recommendation contained in a December 2019 GAO report (GAO-20-56) for TSA to implement a process to ensure screening technologies continue to meet detection requirements after deployment. Without such a process, performance can degrade over time and the risk of system failure increases. The Committee directs TSA to develop a Post Implementation Review (PIR) process for each screening technology, to include the performance of the detection chain. Not later than 60 days after the date of enactment of this Act, TSA is directed to brief the Committee on its progress in development and implementing the PIR process. Surface Visible Intermodal Prevention and Response (VIPR).--The Committee recognizes that VIPR teams provide critical assistance to state and local law enforcement agencies to better protect airports, mass transit hubs, and other transportation facilities. The recommendation includes funding to fully sustain this program in fiscal year 2023. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS Appropriation, fiscal year 2022....................... $160,736,000 Budget request, fiscal year 2023...................... 119,345,000 Recommended in the bill............................... 141,689,000 Bill compared with: Appropriation, fiscal year 2022................... -19,047,000 Budget request, fiscal year 2023.................. +22,344,000 The recommendation provides $22,344,000 above the request for credential authentication technology (CAT); this funding was requested in Operations and Support. Qualified Products List.--TSA has not opened a qualification window for checked baggage inline screening systems since 2015. In order to take advantage of technological improvements since then, TSA directed to expedite the update of requirements for checked baggage screening equipment, and to consider establishing a program for enhanced capability within the checked baggage mission space to ensure U.S. airports have access to the best screening technology available from the Transportation Security Equipment Industry. The Committee provides $5,000,000, above the request in the O&S Mission Support PPA to hire additional support staff to accelerate the opening of a new checked baggage qualification window. Not later than 60 days after the date of enactment of this Act, TSA shall brief the Committee on the status of implementing such a program and the plan to establish a new qualification opportunity for industry. RESEARCH AND DEVELOPMENT Appropriation, fiscal year 2022....................... $35,532,000 Budget request, fiscal year 2023...................... 33,532,000 Recommended in the bill............................... 33,532,000 Bill compared with: Appropriation, fiscal year 2022................... -2,000,000 Budget request, fiscal year 2023.................. - - - Coast Guard\1\ Appropriation, fiscal year 2022....................... $13,453,792,000 Budget request, fiscal year 2023...................... 13,579,656,000 Recommended in the bill............................... 14,357,296,000 Bill compared with: Appropriation, fiscal year 2022................... +903,504,000 Budget request, fiscal year 2023.................. +777,640,000 \1\Totals include permanent indefinite discretionary and mandatory appropriations. Mission The Coast Guard is the principal federal agency charged with maritime safety, security, and stewardship. It is a military, multi-mission, maritime service within the Department of Homeland Security and one of the nation's six armed services. OPERATIONS & SUPPORT Appropriation, fiscal year 2022....................... $9,162,120,000 Budget request, fiscal year 2023...................... 9,620,029,000 Recommended in the bill............................... 9,751,469,000 Bill compared with: Appropriation, fiscal year 2022................... +589,349,000 Budget request, fiscal year 2023.................. +131,440,000 The recommendation includes an increase of $131,440,640,000 above the request, which includes adjustments to reflect the fiscal year 2022 funding Act, other technical adjustments, and program increases. For Military Personnel, the recommendation provides an increase of $31,044,000, including $16,044,000 to restore enhancements from the fiscal year 2022 funding Act; $5,000,000 for recruiting and retaining a skilled and diverse workforce; $5,000,000 for childcare subsidies; and $5,000,000 for the most critical housing maintenance projects affecting habitability and the health of the workforce and their families. For Mission Support, the recommendation provides an increase of $4,362,000, including $362,000 to restore enhancements from the fiscal year 2022 funding Act and $4,000,000 for environmental compliance and restoration projects. Within the Field Operations PPA, the recommendation provides a net increase of $96,034,000: $63,434,000 to restore enhancements from the fiscal year 2022 funding Act; $6,000,000 for Commercial Fishing Vessel Safety Grants; $7,000,000 for MH- 60T cutter deployability; $9,600,000 for MH-65 parts inventory; $10,000,000 for tactical communications recapitalization. No funds are provided in the proposed Contingency PPA; consistent with the fiscal year 2022 funding Act, all funds are instead distributed across the other PPAs. The Committee continues a provision allowing for the movement among PPAs of funding identified by the Coast Guard as supporting the Department of Defense for enduring overseas missions. The Coast Guard shall notify the Committee not later than 15 days following any use of this authority. Ballast Water Management and Invasive Species.--The Committee encourages the Coast Guard to expand enforcement of its regulations on ballast water management to prevent the introduction and spread of invasive species, including through biological assessments and ballast water testing. The Committee is concerned that it has not yet received the report on this issue required by House Report 116-458 and directs the Coast Guard to immediately issue this report and to provide an updated report not later than 90 days after the date of enactment of this Act. Delayed Payments.--The Committee is concerned with the delayed payments for vendors, contractors, and official travel reimbursement to uniformed and civilian personnel that resulted from the Coast Guard's transition to a new financial management system. Within 30 days of the date of enactment of this Act, the Coast Guard is directed to brief the Committee on the full extent of the delays, the number of vendors and personnel affected, and the total amount of payments delayed. District 14 Housing and Facilities.--The Committee directs the Coast Guard to provide a briefing, within 120 days of the date of enactment of this Act, on the housing and facilities available for Coast Guard personnel and their families, the condition of those facilities, and the Coast Guard's plans for completing any necessary improvements and upgrades. Electronic Health Records.--The Coast Guard is directed to brief the Committee, not later than 120 days after the date of enactment of this Act, on its ongoing activities related to the digital transition of Coast Guard legacy health records to the Military Health System Genesis system, including timelines and costs associated with the transition. Environmental Compliance and Restoration (ECR) Backlog.-- The Committee directs the Coast Guard to provide a briefing, within 45 days of the date of enactment of this Act, on how it will allocate the additional ECR funding provided in the bill across the outstanding project backlog. Foreign Language Capacity.--The Committee notes that improving foreign language skills in the Coast Guard is critical for effective operations, particularly in the Indo- Pacific region. Within 180 days of the date of enactment of this Act, the Coast Guard is directed to provide a briefing on any difficulties caused by language barriers for operations in the region, how the Coast Guard is mitigating these difficulties, any formal language training the Coast Guard provides to its personnel, and the feasibility of partnering with other federal agencies to expand language training to Coast Guard personnel. Fusion Centers.--The Committee encourages the Coast Guard to expand participation in fusion centers and other cooperative intelligence-sharing efforts with partners and allies in the Indo-Pacific region, especially the Pacific Fusion Centre focused on Oceania. No later than 90 days after the date of enactment of this Act, the Coast Guard is directed to provide a briefing on its strategy to deepen engagement with key partners and allies through cooperative intelligence-sharing efforts and regional fusion centers. Great Lakes Icebreaker Program.--The Coast Guard is tasked by Executive Order to carry out domestic icebreaking efforts on the Great Lakes in support of commerce. Not later than 120 days after the date of enactment of this Act, the Coast Guard is directed to brief the Committee on the analysis developed by the program management office on mission needs in the Great Lakes region and current cost estimates for expanding icebreaking capacity, as necessary, to meet that need. Indo-Pacific Strategy.--The Committee directs the Coast Guard to provide an update the Pacific Area's Strategic Intent Report for Fiscal Years 2015 to 2019 that details the Coast Guard's evolving role in the Indo-Pacific within 180 days of the date of enactment of this Act. The report shall include a strategy, implementation plans, performance measures, and risk assessments, and also identify key partnerships. Interoperable Gateway System Technology (IGS).--The Coast Guard is directed to brief the Committee on the feasibility and value of incorporating IGS technology not later than 120 days after the date of enactment of this Act. Litter Basket Stabilization Technology.--The Coast Guard is directed to brief the Committee within 120 days of the date of enactment of this Act on its plan for the procurement and maintenance of Litter Basket Stabilization Technology for search and rescue missions. Maritime Domain Awareness.--The Committee encourages the Coast Guard to consider and test the use of commercial space- based radio frequency data and geospatial technology in its Maritime Domain Awareness Activities and operations. Oceania Operations.--The Coast Guard shall provide a briefing to the Committee not later than 120 days after the date of enactment of this Act on its capabilities and operations in Oceania. The briefing should include a list of current assets in the region, any assets and capabilities needed to address unfulfilled requirements, and an analysis of the assets available compared to other districts and regions. Small Arms Simulation.--The Committee encourages the Coast Guard to explore the use of performance based, small arms simulation training technologies to help improve cognitive skills, operator situational awareness, and judgement in high- risk operations. STARBASE Program.--The Committee supports the Coast Guard's efforts to engage with the Department of Defense on the youth STARBASE program, which provides ``hands-on, minds-on'' opportunities for young students to interact with military personnel and explore real-world applications of science, technology, and math. As the Coast Guard expands these efforts, the Committee encourages an emphasis on using nontraditional classroom settings and engaging with minority-serving institutions, as well as a focus on Science, Technology, Engineering, and Mathematics education programs. Towing Vessel Inspection Fee.--The Coast Guard issued a Notice of Proposed Rulemaking in January 2022 that would update its user fees for seagoing towing vessels that are 300 gross tons or more and revise user fees for other inspected towing vessels. Not later than 60 days after the date of enactment of this Act, the Coast Guard is directed to brief the Committee on the status of the rulemaking and implementation of the new user fees. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS Appropriation, fiscal year 2022....................... $2,030,100,000 Budget request, fiscal year 2023...................... 1,654,850,000 Recommended in the bill............................... 2,301,050,000 Bill compared with: Appropriation, fiscal year 2022................... +270,950,000 Budget request, fiscal year 2023.................. +646,200,000 The Committee recommends $646,200,000 above the request, including $302,000,000 for vessels; $138,500,000 for aircraft; $19,700,000 for other acquisition programs; and $186,600,000 for shore facilities and aids to navigations. The Coast Guard is directed to continue to brief the Committee quarterly on all major acquisitions. In particular, the Committees remain concerned about the cost and schedule of the OPC and PSC programs and the briefing should include additional detailed information on the progress of these programs. The Committee also directs the Coast Guard to include an estimate of the receipts to be deposited in the Housing Fund for the budget year and a plan for the expenditure of those funds in its annual budget justifications. Any deviations from the plan shall be reported to the Committee not fewer than 15 days before the obligation of associated funds. Vessels Fast Response Cutter (FRC).--The recommendation provides $131,000,000 for the FRC program, an increase of $115,000,000 above the request for FRCs funded in prior years to cover class-wide activities, including economic price adjustments related to the rise in material and labor costs and for post- delivery missionization costs. National Security Cutter (NSC).--The Committee provides $147,000,000, which is $87,000,000 above the request, for the NSC program. This funding will support post-delivery activities to missionize and operationalize NSCs 10 and 11. Offshore Patrol Cutter (OPC).--The recommendation provides the requested $650,000,000 to continue the program of record for these critical assets. The Committee directs the Coast Guard to continue to provide additional program and schedule details quarterly, as described in the explanatory statement accompanying Public Law 117-103 as part of the required quarterly acquisition briefings. Polar Security Cutter (PSC).--The Committee provides $257,200,000 for the PSC program, an increase of $90,000,000 above the request for the remaining cost of long lead time materials and the start of construction of a third PSC. The Committee recognizes the strategic importance of an expanded U.S. presence in the polar regions, especially the Arctic. The Committee directs the Coast Guard to continue to provide additional program and schedule details quarterly, as described in the explanatory statement accompanying Public Law 117-103 as part of the required quarterly acquisition briefings. Polar Icebreaking Interim Strategy.--The Committee recognizes the Coast Guard's effort to increase its presence in the Arctic region before the first PSC enters service. The recommendation includes the requested funding of $125,000,000 for the acquisition of a commercially available polar icebreaker to serve as an interim measure. The Committee notes that both 14 U.S.C. 1151 and 10 U.S.C. 8679 include waiver provisions for vessels not constructed in the United States. In order to conduct a full and open competition, the Coast Guard shall expand its source selection criteria to include commercially available polar icebreaking vessels that may require such a waiver. The Coast Guard is directed to brief the Committee not later than 30 days after the date of enactment of this Act on an updated procurement plan. The Committee is concerned about the potential cost to fully missionzie a commercially available polar icebreaker for Coast Guard operations. Prior to the obligation of any funding for vessel acquisition, the Cost Guard shall brief the Committee on a proposed concept of operations and a detailed cost estimate for the vessel, including estimated costs for acquisition, modification, homeporting, crewing, and maintaining the vessel by year for its estimated service life. Waterways Commerce Cutter (WCC).--The recommendation includes the requested $77,000,000 to begin recapitalization of the nation's inland tenders and barges. Special Purpose Craft (SPC)-Heavy Weather (HWX).--The recommendation includes $10,000,000 to begin program management for the replacement of the capabilities provided by 52-foot SPC HWX in the Pacific Northwest. Not later than 180 days after the date of enactment of this Act, the Coast Guard shall brief the committee on the requirements analysis of Pacific Northwest search and rescue missions, including the need for the specialized towing and surf capability of this vessel. Aircraft HC-130J Acquisition/Conversion/Sustainment.--The Committee recommends $128,500,000, to acquire and missionize the twentieth HC-130J long range surveillance aircraft as part the program of record of twenty-two aircraft. No funding was proposed in the budget for this asset. Sparing for Fixed-Wing Aircraft.--The recommendation includes $10,000,000 above the request to establish on-site inventory for HC-130J and HC-27J aircraft planned for delivery to Barbers Point, HI, and Clearwater, FL. This funding includes spare parts, sensor suites, depot maintenance material, and ground support equipment necessary for aircraft operations, as well as LLTM required to accelerate the missionization of HC- 27J aircraft #3 and #4. Other Acquisition Programs The recommendation includes $19,700,000 above the request for priority items on the Coast Guard's Unfunded Priorities List (UPL), including $9,700,000 for Hyperbaric Recompression Chambers; and $10,000,000 for the Vessel Traffic System (VTS) and modernization efforts. Shore Facilities and Aids to Navigation The recommendation supports several projects from the Coast Guard's UPL including: $56,000,000 for the Coast Guard Yard upgrade; $75,000,000 for the PSC homeport in Seattle; $10,000,000 for phase 3 of the family housing project at Fort Wadsworth-Sector New York; $35,000,000 for construction and expansion of Coast Guard Child Development Centers; and $10,000,000 for the Air Station Barbers Point hangar project. Smart Buoys and Aids to Navigation.--The Committee encourages the Coast Guard to continue and expand investments in technology to modernize aids to navigation in a way that increases safety, decreases recovery and monitoring costs, and supports a reduction in the environmental impact at ports. Air Station Barbers Point Hangar Project.--The recommendation includes $10,000,000 for this project. The Committee directs the Coast Guard to provide a briefing on any additional requirements of Air Station Barbers Point, including maintenance requirements caused by the upgrade of both fixed wing and rotary aircraft and the feasibility of building a permanent hangar in addition to the tension hangar currently under construction. RESEARCH AND DEVELOPMENT Appropriation, fiscal year 2022....................... $7,476,000 Budget request, fiscal year 2023...................... 7,476,000 Recommended in the bill............................... 7,476,000 Bill compared with: Appropriation, fiscal year 2022................... - - - Budget request, fiscal year 2023.................. - - - Blue Technology Center of Expertise.--The Committee directs the Coast Guard to continue to report periodically on the successes of the Center and encourages the continuation and expansion of this partnership. HEALTH CARE FUND CONTRIBUTION\1\ Appropriation, fiscal year 2022....................... $240,577,000 Budget request, fiscal year 2023...................... 252,887,000 Recommended in the bill............................... 252,887,000 Bill compared with: Appropriation, fiscal year 2022................... +12,310,000 Budget request, fiscal year 2023.................. - - - \1\This is a permanent indefinite discretionary appropriation. The Health Care Fund Contribution accrues the Coast Guard's military, Medicare-eligible health benefit contribution to the DoD Medicare-Eligible Retiree Health Care Fund. Contributions are for future Medicare-eligible retirees, as well as retiree dependents and their potential survivors. RETIRED PAY Appropriation, fiscal year 2022....................... $1,963,519,000 Budget request, fiscal year 2023...................... 2,044,414,000 Recommended in the bill............................... 2,044,414,000 Bill compared with: Appropriation, fiscal year 2022................... +80,895,000 Budget request, fiscal year 2023.................. - - - The Retired Pay mandatory appropriation provides payments as identified under the Retired Serviceman's Family Protection and Survivor Benefits Plans and other retired personnel entitlements identified under prior-year National Defense Authorization Acts. This appropriation also includes funding for medical care of retired personnel and their dependents. United States Secret Service Appropriation, fiscal year 2022....................... $2,611,888,000 Budget request, fiscal year 2023...................... 2,703,509,000 Recommended in the bill............................... 2,727,509,000 Bill compared with: Appropriation, fiscal year 2022................... +115,621,000 Budget request, fiscal year 2023.................. +24,000,000 Mission The United States Secret Service (USSS) protects and investigates threats against the President and Vice President, their families, visiting heads of state, and other designated individuals; protects the White House, the Vice President's Residence, foreign missions, and certain other facilities within Washington, D.C.; and coordinates the security at National Special Security Events (NSSE). The Secret Service also investigates violations of laws relating to counterfeiting of obligations and securities of the United States; financial crimes, including access device fraud, financial institution fraud, identity theft, and computer fraud; and computer-based attacks on financial, banking, and telecommunications infrastructure. In addition, the agency provides support for investigations related to missing and exploited children. OPERATIONS AND SUPPORT Appropriation, fiscal year 2022....................... $2,554,729,000 Budget request, fiscal year 2023...................... 2,633,596,000 Recommended in the bill............................... 2,645,596,000 Bill compared with: Appropriation, fiscal year 2022................... +90,867,000 Budget request, fiscal year 2023.................. +12,000,000 The recommendation includes $12,000,000 above the request, including $5,000,000 for the National Threat Assessment Center, $5,000,000 for radios, and $2,000,000 to continue work on the White House training facility design. Within the total amount provided, the bill makes $52,296,000 available until September 30, 2024, of which $12,880,000 is for the James J. Rowley Training Center; $15,241,000 is for Operational Mission Support (OMS); $4,500,000 is for National Special Security Events (NSSE); $1,675,000 is for International Cooperative Administrative Support Services; and $18,000,000 is for protective travel. Financial Crimes.--The Committee continues to recognize the efforts of the Secret Service's Cyber Fraud Task Forces to combat bank card access device fraud (skimming) across the United States, as well as the work of the National Computer Forensics Institute to train and equip state, local, and tribal law enforcement personnel to effectively investigate and prosecute electronic crimes, including skimming. National Threat Assessment Center (NTAC).--The Committee provides an additional $5,000,000 for NTAC, which supports efforts by public and private sector entities to confront the threat of targeted violence that impacts communities, including schools. The USSS is encouraged to hire additional personnel to expand NTAC research and training on targeted school violence nationwide and promote the developments of best practices and standardization across all levels of government on threat assessment and prevention of targeted violence. The Center shall coordinate with relevant Federal agencies, State and local education, law enforcement, mental health officials, and private entities in developing and offering training courses on preventing targeted school violence to public or private entities, including local educational agencies, with public safety responsibilities. Additionally, not later than 30 days after the date of enactment of this Act, the USSS, jointly with Cybersecurity and Infrastructure Security Agency, shall brief the Committee on their current efforts to enhance school safety, including guides, tools, threat and vulnerability assessments, training exercises, and any other efforts. The briefing shall include an assessment of the impact of each these efforts and shall also include a discussion of strategies to help education institutions and communities recover from the impacts of these events. Presidential Campaigns, Former Presidents Protection, Nominating Conventions, and NSSE--.The Committee directs USSS to brief the Committee quarterly on resources required for Presidential Campaigns, protection of former Presidents, nominating conventions, and other NSSE's. The briefings shall include up-to-date estimates of needs that differ from estimates identified in the budget request. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS Appropriation, fiscal year 2022....................... $54,849,000 Budget request, fiscal year 2023...................... 65,888,000 Recommended in the bill............................... 77,888,000 Bill compared with: Appropriation, fiscal year 2022................... +23,039,000 Budget request, fiscal year 2023.................. +12,000,000 The recommendation includes $12,000,000 above the request to begin the initial design and construction for a new White House training facility at Rowley Training Center. Prior to execution of the funding, the USSS shall provide justification for the number of acres required that are in excess of the existing footprint of the White House. RESEARCH AND DEVELOPMENT Appropriation, fiscal year 2022....................... $2,310,000 Budget request, fiscal year 2023...................... 4,025,000 Recommended in the bill............................... 4,025,000 Bill compared with: Appropriation, fiscal year 2022................... +1,715,000 Budget request, fiscal year 2023.................. - - - Title II--Administrative Provisions Section 201. The Committee continues by reference a provision regarding overtime compensation. Section 202. The Committee continues a provision allowing CBP to sustain or increase operations in Puerto Rico with appropriated funds. Section 203. The Committee continues a provision regarding the availability of fee revenue collected from certain arriving passengers. Section 204. The Committee continues a provision allowing CBP access to certain reimbursements for preclearance activities. Section 205. The Committee continues a provision regarding the importation of prescription drugs by an individual for personal use. Section 206. The Committee continues a provision regarding waivers of the Jones Act. Section 207. The Committee continues a provision prohibiting DHS from establishing a border crossing fee. Section 208. The Committee continues a provision prohibiting the obligation of funds prior to the submission of an expenditure plan for funds made available for CBP Procurement, Construction, and Improvements. Section 209. The Committee continues and modifies a provision prohibiting the construction of border security barriers in specified areas. Section 210. The Committee includes a new provision regarding the use of prior year appropriations for border barrier. Section 211. The Committee includes a provision regarding the transfer of funds. Section 212. The Committee includes a new provision regarding the application of certain limitations on the use of prior year appropriations for border barrier. Section 213. The Committee continues a provision regarding the 287(g) program. Section 214. The Committee continues a provision prohibiting the use of funds provided under the heading ``U.S. Immigration and Customs Enforcement--Operations and Support'' to contract for detention services if the facility receives less than ``adequate'' ratings in two consecutive performance evaluations. Section 215. The Committee continues a provision regarding the reprogramming of funds related to the detention of aliens. Section 216. The Committee continues by reference a provision that requires ICE to provide statistics about its detention population. Section 217. The Committee continues and modifies a provision related to information sharing between ICE and the Office of Refugee Resettlement (ORR) that prohibits ICE from using information for removal purposes if it was provided by as part of a process of sponsoring an unaccompanied alien child or reuniting a child with a family member or if it is based on information gathered in therapy sessions for child while in ORR. Section 218. The Committee continues a provision by reference related to information sharing and on reporting under the 287(g) program. Section 219. The Committee includes a new provision on monthly execution briefings by the Director of Immigration and Customs Enforcement. Section 220. The Committee includes a new provision to focus Homeland Security Investigations activities on functions that are not redundant to those of Enforcement and Removal Operations. Section 221. The Committee includes a new provision related to allowances for work performed by individuals in custody. Section 222. The Committee continues a provision clarifying that certain elected and appointed officials are not exempt from federal passenger and baggage screening. Section 223. The Committee continues a provision directing the deployment of explosive detection systems based on risk and other factors. Section 224. The Committee continues a provision authorizing TSA to use funds from the Aviation Security Capital Fund for the procurement and installation of explosive detection systems or for other purposes authorized by law. Section 225. The Committee continues and modifies a provision directing the Administrator of TSA to report to specified Committees about the agency's investment plans. Section 226. The Committee includes a new provision extending the authorization for a pilot program. Section 227. The Committee continues a provision prohibiting funds made available by this Act under the heading ``Coast Guard--Operations and Support'' for recreational vessel expenses, except to the extent fees are collected from owners of yachts and credited to this appropriation. Section 228. The Committee continues a provision under the heading ``Coast Guard--Operations and Support'' allowing up to $10,000,000 to be reprogrammed to or from Military Personnel and between the Field Operations funding subcategories. Section 229. The Committee continues a provision requiring submission of a future-years capital investment plan. Section 230. The Committee continues a provision related to the reallocation of funds for certain overseas activities. Section 231. The Committee continues a provision allowing for use of the Coast Guard Housing Fund. Section 232. The Committee includes a provision related to towing vessel fees. Section 233. The Committee continues a provision allowing the Secret Service to obligate funds in anticipation of reimbursement for personnel receiving training. Section 234. The Committee continues a provision prohibiting funds made available to the Secret Service from being used for the protection of the head of a federal agency other than the Secretary of Homeland Security, except when the Director has entered into a reimbursable agreement for such protection services. Section 235. The Committee continues a provision allowing the reprogramming of funds within ``United States Secret Service--Operations and Support''. Section 236. The Committee continues a provision allowing for funds made available for ``United States Secret Service-- Operations and Support'' to be available for travel of employees on protective missions without regard to limitations on such expenditures in this or any other Act after notification to the Committees on Appropriation. Section 237. The Committee includes a new provision concerning the release of removable aliens into the United States. Section 238. The Committee includes a new provision limiting the processing of aliens encountered at the U.S. border under the immigration laws if they would have been expelled under title 42 authority as of January 19, 2021. TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY Cybersecurity and Infrastructure Security Agency Appropriation, fiscal year 2022....................... $2,593,656,000 Budget request, fiscal year 2023...................... 2,510,692,000 Recommended in the bill............................... 2,927,792,000 Bill compared with: Appropriation, fiscal year 2022................... +334,136,000 Budget request, fiscal year 2023.................. +417,100,000 Mission The Cybersecurity and Infrastructure Security Agency (CISA) is responsible for enhancing the security of the nation's physical and cyber infrastructure and interoperable communications systems; safeguarding and securing cyberspace; and strengthening national preparedness and resilience. OPERATIONS AND SUPPORT Appropriation, fiscal year 2022....................... $1,992,527,000 Budget request, fiscal year 2023...................... 1,961,613,000 Recommended in the bill............................... 2,373,213,000 Bill compared with: Appropriation, fiscal year 2022................... +380,686,000 Budget request, fiscal year 2023.................. +411,600,000 The recommendation includes $308,775,000 above the request to sustain fiscal year 2022 enhancements and $132,055,000 above fiscal year 2022 levels to sustain investments made in the American Rescue Plan Act of 2021, (Public Law 117-2). Additionally, the recommendation provides $124,455,000 in new capability enhancements, including: $91,500,000 for the Cybersecurity Division; $21,800,000 for the Infrastructure Security Division; $1,890,000 for Risk Management Operations; and $3,620,000 for Mission Support. Of the total amount provided for this account, $28,293,000 is available until September 20, 2024, for the National Infrastructure Simulation Analysis Center (NISAC). CISA is directed to continue to provide quarterly budget and staffing briefings as described in the explanatory statement accompanying the fiscal year 2022 funding Act (Public Law 117-103). CISA Review.--Section 1745 of the ``William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021'' (Public Law 116-283), directed the Secretary of Homeland Security to ``conduct a comprehensive review of the ability of the [Cybersecurity and Infrastructure Security] Agency to fulfill--(A) the missions of the Agency; and (B) the recommendations detailed in the report issued by the Cyberspace Solarium Commission.'' The report is to include a comprehensive evaluation of whether CISA has the personnel and resources necessary to carry out its growing mission, and it was due to Congress on January 1, 2022. The Committee understands that several factors have led to delays in producing this report. Those factors notwithstanding, continued delay hinders Congress's ability to make informed decisions about resourcing the agency. Accordingly, the Committee expects the report to be delivered not later than 30 days after the date of enactment of this Act. Cybersecurity Accreditation of Third-Party Cybersecurity Service Providers.--The Committee recognizes that, while a robust market of private sector cybersecurity providers is necessary to meet demand from vulnerable entities and protect national critical functions from cybersecurity threats, critical infrastructure organizations may lack the expertise and/or the information necessary to identify and select highly qualified providers. The Committee encourages CISA to continue efforts to develop standardized requirements for and accredit third-party cybersecurity service providers and make available the list of such providers to federal agencies, SLTT governments, and critical infrastructure organizations. The recommendation includes $5,000,000 above the request to expand this effort to include vulnerability assessment and incident response providers. Civilian CyberCorps.--The Committee looks forward to the briefing required by House Report 117-87 on the development of a plan to recruit, train, and educate personnel; shift military veterans into federal service upon discharge from active duty or engage reservists in civilian cyber workforce roles; manage digital careers; and set standards for digital workforce qualifications. Collaborative Analysis of Cyber Threat Indicators.--The Committee recognizes the need to develop shared situational awareness of cybersecurity risks and cybersecurity threats across the public and private sectors. Therefore, the Committee supports the use of funds appropriated to Mission Systems Engineering Environment for the identification, purchase, development, and deployment of tools and analytical software that can be applied and shared across CISA to query, receive, manipulate, transform, and display data and information on cybersecurity risks and cybersecurity threats and to enable collaborative analysis and cross-correlation of such data and information at the speed and scale necessary for rapid detection and identification. Critical Infrastructure Cybersecurity Shared Services Pilot Program.--The Committee is concerned with the exposure of the nation's critical infrastructure to cyber threats and vulnerabilities and the potential impact to national security and national critical functions from damaging cyber intrusions. Therefore, the recommendation includes $15,000,000 above the request for the development of a pilot program to make available scalable commercial cybersecurity shared services that critical infrastructure entities can utilize to detect and prevent cybersecurity threats and mitigate vulnerabilities more effectively. These shared services may include both capabilities currently provided to federal civilian agencies and new services tailored to address specific cybersecurity risks facing critical infrastructure. Cyber Defense Education and Training Program (CDET).--The recommendation includes $17,300,000 above the request to support CDET, of which $5,000,000 is for the Federal Cyber Reskilling Academy; $2,500,000 is for the National Initiative for Cybersecurity Education; $3,000,000 is for grants or cooperative agreements for non-traditional training providers to provide apprenticeships, certification programs and other opportunities to create pathways into the cyber workforce; and $6,800,000 is for continuing investments in cybersecurity education programs targeting the kindergarten through 12th grade (K-12) community, including the Cybersecurity Education and Training Assistance Program (CETAP). CISA is encouraged to support a mix of geographically diverse higher education institutions, including in non-contiguous states, that are focused on connecting K-12 learners and environments with post- secondary education and resources. The Committee notes that the request once again proposes to eliminate CISA funding for these programs. While the request indicates that CISA would work with the National Science Foundation (NSF) to build and strengthen the national cybersecurity workforce, there are no identifiable parallel efforts in the NSF budget request. The Committee looks forward to the briefing required in the explanatory statement accompanying the fiscal year 2022 funding Act (Public Law 117- 103) regarding a funding strategy for these requirements. With the funding intended for non-traditional training providers, CISA is encouraged to increase the number of organizations targeted at incentivizing and expanding employer- supported efforts to bridge the gap between entry-level and mid-career professionals. Incentivizing the development of programs that provide initial professional experience and hands-on training should be among the key priorities of these efforts. Cyber Incident Reporting for Critical Infrastructure.--The Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA) (Public Law 117-103) mandates that CISA publish a Notice of Proposed Rulemaking in the Federal Register within 24 months of enactment of that Act, and issue a final rule 18 months later, to implement mandatory cyber incident reporting for all critical infrastructure owners and operators. A subset of these owners and operators, to be defined in the rulemaking, will be required to report any cyber incident to CISA within 72 hours and any ransom payment within 24 hours. To support CISA's rulemaking, outreach, receiving and sharing reports, analyses, and report aggregation requirements as required by CIRCIA, the recommendation provides $45,000,000 above the request. Not later than 60 days after the date of enactment of this Act, CISA shall brief the Committee on the necessary resource requirements to ensure full compliance with CIRCIA. Cyber Sensor Capabilities.--CISA is encouraged to continue partnering with other government agencies (e.g., the Department of Energy) to provide real-time monitoring; advanced warning of threats, including advanced persistent threats (APT); and detection of attacks on Operational Technology (OT) systems, including Supervisory Control and Data Acquisition (SCADA) and Industrial Control Systems (ICS) as part of the broader CyberSentry program. Cyber Threat Intelligence ``As-a-Service''.--The recommendation includes $2,500,000 above the request to enable CISA to continue efforts funded in fiscal year 2022 to enhance its cyber threat intelligence ``as-a-service'' capabilities through CISA's Cybersecurity Shared Services Office (CSSO). These capabilities should leverage commercial threat intelligence to provide cyber intelligence information and support sharing operations across the agency. These capabilities should provide actionable intelligence, including insights derived from threat intelligence overlaid on the digital footprints of target organizations and critical infrastructure sectors to highlight critical cyber risks. Not later than 120 days after the date of enactment of this Act, CISA shall brief the Committee on the rollout of these shared service offerings. Within the briefing, CISA shall also propose options to enable advanced, contextual tipping and queuing under CISA's cybersecurity shared service offerings, as well as deliver enriched cyber threat intelligence data for federal, state, and commercial partners. Cybersecurity and Information Retrieval.--The federal government has a broad responsibility to develop a strategy for improved information retrieval that prioritizes assessments of voluminous unstructured data and gathered intelligence and can identify human-computer interactions that signal optimal analyst performance or are predictive of future performance. Not later than 120 days after the date of enactment of this Act, CISA shall brief the Committee on its progress toward the development of this strategy, to include anticipated resources needed to improve search engines for optimal retrieval and curation of enterprise digital content. Cybersecurity Assessments.--The Committee encourages CISA to continue to support vulnerability reduction efforts across critical infrastructure sectors to combat cyber incidents against U.S. critical infrastructure entities, to include critical small- and medium-sized manufacturers. Cybersecurity Briefings.--The Committee directs CISA to continue providing semiannual briefing on the National Cybersecurity Protection System and Continuous Diagnostics and Mitigation programs, as described in House Report 116-180. Cybersecurity Insurance and Data Analysis Working Group.-- Not later than 90 days after the date of enactment of this Act, CISA shall brief the Committee on the status of establishing a public-private cybersecurity insurance and data analysis working group, as described in House Report 117-87. Cybersecurity Support for CISA.--The Committee recognizes the outsized demand for American cybersecurity professionals, which has hindered CISA's ability to fully address the nation's cybersecurity vulnerabilities and directs CISA to continue to work with the Department of Defense (DoD) to supplement CISA's efforts as necessary to respond to the increasing number of intrusions, particularly those originating in Russia or China. Endpoint Detection and Response Technologies.--The Committee believes that a competitive, open, and transparent product selection process is critical to the effectiveness of the centrally-located Endpoint Detection and Response (EDR) technologies initiative mandated by Executive Order 14028 and encourages the Department to continue to evaluate and select a range of high-performing EDR platforms for use at federal civilian agencies through this initiative. Evaluating Expansion of CSSO Support.--CISA's CSSO provides federal civilian agencies, state fusion centers, and select information sharing and analysis centers with no-cost access to commercial cyber threat intelligence and services. This model provides improved cybersecurity to a constituency that may lack the expertise or other resources to fully manage a comprehensive information technology security program, particularly given increasing cyber threats. The Committee believes that participation in CISA's program by parties that work with DoD could reduce cybersecurity risk to such parties, as well as improve the overall effectiveness of the federal cybersecurity protection effort. The Committee directs CISA to collaborate with DoD to: examine opportunities partner on commercial cyber threat intelligence shared services; assess the extent to which parties working with DoD are presently participating in or protected by CISA's programs; and consider approaches to expand participation across a greater number of such parties. CISA and DoD shall provide a joint recommendation to the House and Senate Appropriations Committees on a proposal to reach these parties not later than 90 days after the date of enactment of this Act. Evaluating Federal Cybersecurity Planning and Strategy.-- The Committee looks forward to receiving the overdue briefing required under this heading in the explanatory statement accompanying the fiscal year 2022 funding Act (Public Law 117- 103). Federal Network Resilience.--As noted in last year's report, CISA's ability to discover and guide remediation of critical vulnerabilities across federal civilian executive branch agencies is hindered by limited situational awareness that is overly dependent on manual self-reporting and persistent visibility gaps across federal civilian internet- accessible cyber terrain. To effectively become the operational lead for federal civilian cybersecurity, CISA is directed to continue adopting processes and state-of-the-art technology similar to those used by DoD for its Internet Operations Management. Accordingly, the recommendation includes $67,714,000 above the request to continue efforts funded in fiscal year 2022 for attack surface management and federal vulnerability response. The Committee looks forward to receiving the briefings required in House Report 117-87 and the explanatory statement accompanying the fiscal year 2022 funding Act (Public Law 117-103). Hardening Critical Infrastructure and SLTT Attack Surfaces.--The recommendation includes $6,000,000 above the request for attack surface visibility and national vulnerability incident response to improve situational awareness of internet-accessible attack surfaces related to non-federal, critical infrastructure and SLTT networks. This situational awareness will enable proactive vulnerability notification and other targeted services to these entities that voluntarily subscribe to applicable CISA-provided services. Not later than 180 days after the date of enactment of this Act, CISA shall brief the Committee on the implementation status of its plan to deploy an attack surface evaluation capability intended to provide maximum visibility and guidance to these non-federal entities through voluntary partnerships. The briefing should include an assessment of how CISA is leveraging both government-developed technologies and commercially available solutions to deploy this capability. Integrated Cyber Center.--In furtherance of Section 1731 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283), the Committee looks forward to receiving the study required on the potential for better coordination of federal cybersecurity efforts at an integrated cybersecurity center within CISA. Mobile Threat Defense for Federal Civilian Networks.--The Committee was pleased to see mobile device security included as a central component of zero trust architecture implementation by CISA and the Office of Management and Budget (OMB) in their respective zero trust guidance documents. The Committee is concerned about the number of unprotected government devices without mobile threat defense, which are vulnerable to zero-day attacks, among other threats. The Committee encourages CISA to work with OMB and the federal civilian executive branch agencies to continue to mitigate the threats posed on mobile devices, their users, and the federal networks to which they are connected. Multi-State Information Sharing and Analysis Center (MS- ISAC).--The recommendation includes not less than $38,000,000 for the MS-ISAC to sustain and expand the program's capabilities and expertise, to include SLTT election security support via the Election Infrastructure Information Sharing and Analysis Center; mis- and disinformation mitigation capabilities; endpoint detection and response; malicious domain activity blocking and reporting; expansion of the MS-ISAC cyber incident response team and its capabilities; continuing a National Prevention Pilot to provide an unclassified Unified Threat Management service for election and SLTT partners; and improving threat intelligence and data retention and storage capabilities. CISA shall continue to include budget and staffing plans for the MS-ISAC within the quarterly budget and staffing briefings described above. Private Sector Engagement in Cyber Training.--Not later than 180 days after the date of enactment of this Act, CISA shall brief the Committee on how the federal government can leverage private sector partner expertise and best practices for cyber training within CISA's CDET program. This briefing shall propose recommendations, including potential opportunities for partnership with private sector partners, to support cybersecurity training and education programs. CISA shall also outline its approach for addressing this initiative in future budget requests or legislative proposals. Protective Domain Name Service (DNS).--The recommendation includes $15,000,000 above the request to continue support for the operation of a centralized federal DNS egress service that was first funded and established in fiscal year 2022. Threat Hunting.--The recommendation includes $41,246,000 above the fiscal year 2022 level to further increase CISA's threat hunting capabilities, to include optimizing threat hunting operations, intelligence analysis, and threat actor persona and campaign modeling. This funding is intended to increase CISA's capacity to support defensive cyber operations and incident response across federal civilian agencies and non- federal networks, including SLTT governments and critical infrastructure organizations, and to support faster development of proactive guidance based on intelligence and learned behaviors after the positive identification of a compromise. Within 180 days of the date of enactment of this Act, CISA shall provide a briefing to the Committees on the total threat hunting services and incident response engagements it supported in fiscal year 2022, to include the services offered and the level of engagement required for each. Zero Trust Architecture Implementation.--The Committee supports CISA's efforts to spearhead the adoption of zero trust principles across agency environments, beginning with an emphasis on identity and access management and device management, inclusive of enterprise use of endpoint detection and response technologies. The Committee encourages CISA to continue this work by beginning planning in fiscal year 2023 for more mature zero trust implementations that adhere to all the basic tenets described in NIST Special Publication 800- 207--Zero Trust Architecture, including wide collection and use of information about the current state of assets, network infrastructure, and communications to improve an agency's security posture. Infrastructure Security Bomb Disposal Technician Training and Technology Training Events (TTEs).--To keep pace with evolving threats and ever advancing technology development, the recommendation includes an increase of $2,000,000 for TTEs for the bomb technician community. The Office for Bombing Prevention shall use this funding to hold a minimum of four events to be conducted across the country that bring together federal and SLTT agencies and industry. These TTEs shall leverage existing partnerships between the Departments of Homeland Security, Justice, and Defense to expedite the review and transfer of technology and information for public safety and military bomb technicians and validate special response unit capability assessment data. Not later than 120 days after the date of enactment of this Act, CISA shall brief the Committee on its efforts to conduct these annual TTEs across the country. This briefing shall include schedules to conduct a minimum of four TTEs and provide an estimate of the total program cost. National Cyber Exercise Program.--In furtherance of Section 1547 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81) which established the National Cyber Exercise Program (NCEP) within CISA, the recommendation provides $13,800,000 above the request to fully execute this role. This funding will supply CISA with best-in-class cybersecurity exercise capabilities to put CISA's NCEP on par with the National Exercise Program administered by FEMA. School Safety.--The Committee is concerned by the range of complex and evolving threats to the safety of America's youth in schools and institutions of higher learning across the nation. Mass shootings like the tragedy in Uvalde, TX; the rise in bomb threats to the nation's high schools and Historically Black Colleges and Universities; and other incidents of violence highlight the persistent threats facing our schools, students, and staff. Through the Federal School Safety Clearinghouse and SchoolSafety.gov website, CISA's School Safety Task Force partners with the Departments of Homeland Security, Education, Justice, and Health and Human Services to develop and deploy products, resources, and tools that help raise awareness of these threats within the academic community, and help the community increase its security and resilience in response to these threats. The recommendation includes $6,000,000 above the request to allow CISA to expand its school safety services and product offerings to better serve the 50 million students and over 130,000 public and private K-12 schools across the country. Not later than 180 days after the date of enactment of this Act, CISA shall brief the Committee on its strategy and plans to address the wide range of complex and evolving threats to the nation's schools. The briefing shall include a breakout of the funding and staffing resources dedicated to these efforts. Additionally, not later than 30 days after the date of enactment of this Act, CISA, jointly with USSS's National Threat Assessment Center, shall brief the Committee on their current efforts to enhance school safety, including guides, tools, threat and vulnerability assessments, training exercises, and any other efforts. The briefing shall include an assessment of the impact of each of these efforts and shall also include a discussion of strategies to help education institutions and communities recover from the impacts of these events. Emergency Communications First Responder Emergency Medical Communications.--The recommendation provides $4,000,000 above the request, rejecting the proposed reduction, for CISA to administer and expand competitive grants for SLTT merit-based demonstration projects and technical assistance offerings that support the implementation of the National Emergency Communications Plan through innovative approaches to interoperable emergency medical communications in rural areas. Resilient Next Generation 911 (NG911) Ecosystem.--Beginning not later than 120 days after the date of enactment of this Act, the Department shall include the NG911 acquisition program in its quarterly briefings required by Section 106 of this Act. Integrated Operations Security Advisors.--The Committee reminds CISA of the requirement to report on the strategy and implementation plan for expanding regional capacity, to include a workload staffing model, as required in House Report 117-87. Risk Management Operations Continuity of the Economy Plan.--The recommendation provides $349,000 above the request for the continued development of a Continuity of the Economy Plan, as required by section 9603 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116- 283). Cybersecurity Insurance and Data Analysis Working Group.-- Not later than 45 days after the date of enactment of this Act, CISA shall brief the Committee on the status of creating a public-private working group to help develop frameworks and models for understanding and pricing cyber risk and to identify areas of interest for pooling public and private sector data that can inform better, more accurate risk models, as required in House Report 117-87. Election Security.--The Committee reiterates its concerns regarding election-related misinformation, disinformation, and malinformation targeting Black voters and other communities of color and again urges CISA to engage the expertise of relevant civil rights organizations in developing resources and strategies for increasing the resilience of communities of color, non-English speakers, and other targeted communities against such attempts at manipulation. CISA shall provide a briefing to the Committee regarding its observations and outreach on such matters not later than 180 days after the date of enactment of this Act. National Critical Functions (NCFs) Analytic Capability.-- The recommendation partially restores the proposed reduction from fiscal year 2022 levels for NCFs analytic capability. The Committee looks forward to having a robust conversation with the National Risk Management Center (NRMC) regarding the value the center provides, project plans for developing and transitioning analytic models to an operational division within CISA, and the overall strategic vision of the center. The Committee is also interested in learning more about the status of the NRMC's efforts to decompose NCFs into subfunctions and the schedule for transitioning these into impactful tools for decision making. Additionally, the Committee is concerned about recent reports from GAO and the RAND Corporation highlighting that critical infrastructure owners and operators were either unaware of the NCFs or were unsure of the applicability of the NCFs framework to the infrastructure they protect. Further, Congress has yet to receive the National Risk Register, which was expected in 2019. The Committee looks forward to an update on the status of receiving this product. Prioritization of Critical Infrastructure.--Not later than 180 days after the date of enactment of this Act, CISA shall brief the Committee on its efforts to prioritize the cybersecurity risks of entities and assets and plans for developing standardized metrics to ensure consistency in applying risk-based cybersecurity support to critical infrastructure. The briefing should include a robust examination of the processes and criteria used to identify such entities, as well as current staffing levels and any other related lines of effort. It should also include a rigorous assessment of the progress achieved and a preliminary assessment of resources, including authorities, needed to progress further. Lastly, the briefing shall include a robust examination of potential obstacles that may hamper the agency's ability to carry out this mission. Small Manufacturing Cybersecurity Support.--The Committee encourages CISA to continue to explore opportunities to partner with the Secretary of Defense for Acquisition and Sustainment, the National Institute for Standards and Technology, and the Manufacturing Extension Partnership (MEP) Centers--particularly MEPs designated as Defense Manufacturing Communities--to leverage expertise and help small manufacturers protect controlled unclassified information within the supply chain, respond quickly to crippling cyber-attacks and theft of intellectual property, and prepare for Cybersecurity Maturity Model Certification. The Committee also encourages CISA to assist MEPs in establishing priorities for their cybersecurity risk management initiatives. Systemically Important Entities (SIE) Outreach and Engagement Support.--The recommendation provides $1,890,000 above the request to support agency-wide efforts to engage with and support SIEs. Specifically, the funding will allow CISA to establish an agency-level SIE outreach initiative to engage with prioritized critical infrastructure owners and operators identified by the NRMC. Through this initiative, CISA will develop and implement customized engagement roadmaps for SIEs; facilitate prioritized SIE access to relevant CISA product and services; support NRMC efforts to facilitate the sharing of actionable, relevant, and timely information with SIEs; and enhance coordination and communication between Sector Risk Management Agencies and CISA Regions in outreach and engagement with SIEs. Threats of Extreme Weather Events to Cybersecurity Infrastructure.--CISA shall continue to provide regular briefings on the implementation of an overall strategy to address extreme weather risks to cybersecurity infrastructure, as described in House Report 117-87. Translation of Mis-, Dis-, and Mal-information (MDM) Materials.--The Committee is encouraged by the work of CISA's Election Security Initiative in combating foreign election interference and its commitment to engage with Spanish and non- English speaking communities. CISA is directed to continue its work translating the MDM materials posted to its website for public dissemination in Spanish and, as needed, other languages. Stakeholder Engagement and Requirements SLTT Resilience Technical Assistance.--The Committee directs CISA to continue to work with appropriate stakeholders on the development and promotion of cybersecurity plans that could be adopted or modified for adoption by SLTT governments. Stakeholder Outreach and Operational Engagement.--The Committee supports the directives in Section 1717(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) and looks forward to reviewing the required strategy and implementation plan. Mission Support Chief Learning Officer (CLO) Cyber Workforce Program.--The recommendation includes $2,500,000 above the request for the CLO to work with other agencies to streamline cyber workforce and education programs through the Cyber Career Pathways Tool and to specifically fund efforts with the National Centers of Academic Excellence in Cybersecurity program. The Committee expects CISA to establish measurable outcomes for these efforts and to ensure that work includes critical infrastructure and K- 12 institutions. Talent Management Mission Support.--The Committee supports ongoing efforts to expand the cyber workforce within CISA and notes that ambitious hiring goals will only be possible if the agency has the mission support services for talent management needed to process the increased number of hiring actions in a timely manner. Therefore, the recommendation includes $1,120,000 above the request for additional personnel to support hiring and Talent Management programs, including through the accelerated implementation of the Cyber Talent Management System. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS Appropriation, fiscal year 2022....................... $590,698,000 Budget request, fiscal year 2023...................... 545,148,000 Recommended in the bill............................... 547,148,000 Bill compared with: Appropriation, fiscal year 2022................... -43,550,000 Budget request, fiscal year 2023.................. +2,000,000 Continuous Diagnostics and Mitigation (CDM).--The Committee includes $2,000,000 above the request for CISA to evaluate use of automation to replace manual software patch remediation methods. Automated solutions should be interoperable with the CDM program's existing asset management tools and be able to remediate out-of-compliance Internet of Things (IoT) devices by managing and updating passwords, firmware, and/or certificates of authenticity from a single interface. Automated remediation capabilities must be effective at scale across federal networks. and, when network isolation is employed, also enable the repatriation of those devices, complete with an audit trail, back onto the network. RESEARCH AND DEVELOPMENT Appropriation, fiscal year 2022....................... $10,431,000 Budget request, fiscal year 2023...................... 3,931,000 Recommended in the bill............................... 7,431,000 Bill compared with: Appropriation, fiscal year 2022................... -3,000,000 Budget request, fiscal year 2023.................. +3,500,000 Technology Development and Deployment Program.--The recommendation includes $3,500,000 above the request for the Technology Development and Deployment Program. Federal Emergency Management Agency Appropriation, fiscal year 2022....................... $24,136,379,000 Budget request, fiscal year 2023...................... 25,097,670,000 Recommended in the bill............................... 25,873,440,000 Bill compared with: Appropriation, fiscal year 2022................... +1,737,061,000 Budget request, fiscal year 2023.................. +775,770,000 Mission The Federal Emergency Management Agency (FEMA) helps build, sustain, and improve the nation's capability to prepare for, protect against, respond to, recover from, and mitigate all hazards through disaster response, recovery, and grant programs supporting first responders, emergency management, mitigation activities, and preparedness. OPERATIONS AND SUPPORT Appropriation, fiscal year 2022....................... $1,245,859,000 Budget request, fiscal year 2023...................... 1,378,232,000 Recommended in the bill............................... 1,414,461,000 Bill compared with: Appropriation, fiscal year 2022................... +168,602,000 Budget request, fiscal year 2023.................. +36,229,000 The recommendation includes the following increases above the request: $8,300,000 for Integrated Public Alerts and Warnings; $2,000,000 for National Continuity Readiness Implementation; $2,150,000 for the FEMA Strategic Program; $305,000 for the Emergency Management Accreditation Program; $370,000 for the Certified Emergency Manager Program; $10,000,000 for the Ground Station Test Bed; $4,000,000 for the Administration of Community Project Funding; and $9,504,000 above the request to sustain fiscal year 2022 enhancements. The recommendation includes $400,000 less than the request for Human Capital Systems. Mitigation Benefit-Cost Analysis.--Not later than 90 days after the date of enactment of this Act, FEMA shall brief the Committee on how its Benefit-Cost Analysis toolkit addresses risks for which there is limited data, such as for volcanic activity. The briefing shall include recommendations for overcoming any limitations or to otherwise address statutory requirements for benefit cost analysis in mitigation programs for those risks with limited data. Earthquake Preparedness and Mitigation.--The Committee recognizes FEMA's efforts to help residents and communities prepare for and mitigate the impacts of earthquakes through a number of programs, including the National Earthquake Hazards Reduction Program, the Pre-Disaster Mitigation Grant Program (now known as Building Resilient Infrastructure and Communities), and the Hazard Mitigation Grant Program. These programs have supported over $800,000,000 in seismic retrofit projects in West Coast states alone. Within 90 days of the date of enactment of this Act, FEMA shall brief the Committee on its work with state emergency management agencies in the Cascadia Subduction Zone to ensure adequate planning and capacity to mitigate the loss of life and property resulting from an earthquake. In particular, the briefing shall focus on efforts to reinforce critical infrastructure, including schools, hospitals, and bridges. Energy Efficiency and Renewable Energy in Mitigation Efforts.--The Committee recognizes FEMA's efforts to provide communities with mitigation planning resources and recognizes the important of energy efficiency and renewable energy initiatives in these efforts. FEMA is encouraged to analyze, consolidate, and streamline its publicly available Hazard Mitigation Planning resources to increase accessibility and utility for communities, to include a concise, actionable list of mitigation steps that communities can take to make their energy systems more resilient and renewable. Environment-Based Mitigation.--The Committee recognizes that environment-based mitigation measures--such as the creation of wetlands, conservation easements, and natural flood plains to slow the flow of rivers, creeks, and streams--are innovative tools for mitigating the severity of future floods in areas such as the Tittabawassee River Watershed in the Great Lakes Bay Region. In addition to flood protection, mitigation measures offer both aesthetic and recreational value and provide a variety of environmental and conservation benefits, including erosion control, species habitat, and improved air and water quality. The Committee urges FEMA to continue to coordinate with the Department of Agriculture, Environmental Protection Agency, National Oceanic and Atmospheric Administration, and U.S. Army Corps of Engineers, as well as state, local, and tribal governments and business and non- profit stakeholders, on developing and supporting conservation and environment-based flood mitigation measures to reduce the impact of floods on communities, lives, and livelihoods. Natural Hazard Mitigation Infrastructure.--The Committee is aware that rehabilitation or establishment of natural infrastructure, including but not limited to marshes, wetlands, mangroves, dunes, and other geologies similar to the Driftless Area, can improve resiliency, reducing damage from flooding and coastal storm surges and providing effective floodplain management. Such natural infrastructure can also have long-term beneficial impacts on topography, soils, water quality, wetlands, floodplains, coastal resources, aquatic resources, and public health and safety in coastal areas. The Committee urges FEMA to continue to engage with other federal and non- federal stakeholders to develop and support conservation and environment-based flood mitigation measures and to utilize mitigation grant funds for natural infrastructure projects, consistent with the directive under this heading in House Report 117-87. Post-Disaster Capacity-Building.--Post-disaster recovery requires sufficient personnel to ensure buildings can be safely occupied and that repair and reconstruction are conducted appropriately. Although section 1206 of Public Law 115-254 authorizes the use of funding for these activities, personnel remain in short supply. The Committee urges FEMA to support and partner with national non-profit organizations--including through both programmatic assistance and direct technical assistance--to increase awareness of and outreach to post- disaster building safety evaluators, teams, and organizations and to deliver training, education, certification, and mutual aid agreement development activities that, collectively, will expand the pool of available volunteer post-disaster building safety evaluators, teams, and organizations. Recognizing the direct relationship between rapid and effective post-disaster building safety evaluation and overall community resilience, the Committee encourages the Agency and its federal interagency partners to fully implement section 1206 with all relevant external stakeholders. Urban Area Flooding.--The fiscal year 2020 funding Act supported a pilot grant program to help local government grants enhance the mapping of urban flooding. The Committee reminds FEMA of the requirement to provide a briefing on this program as required by House Report 117-87. Preparedness and Protection Alerts to Individuals with Limited English Proficiency.-- The Committee is concerned about the ability of Limited English Proficiency (LEP) individuals to access emergency alerts. As the lead federal entity with responsibility for the Emergency Alert System (EAS) and Wireless Alert System messages, FEMA's Integrated Public Alert and Warning System (IPAWS) plays a critical role in helping ensure recipients can read and understand these messages. Within 30 days of the date of enactment of this Act, FEMA is directed to brief the Committee on the steps it can take and is taking to ensure these vital messages can be accessed by LEP individuals. Emergency Management Assistance Compact (EMAC).--The Committee has heard concerns from states about FEMA's interest in placing additional requirements on EMAC related to the National Qualification System (NQS) that may unnecessarily burden EMAC and it is users. The Committee supports the NQS and recommends the proposed increase for the One Responder System and NQS. However, the funding enhancement for NQS should not be construed to in any way support activities that interfere with the state-to-state relationship afforded through EMAC or place requirements on the Compact administrator related to NQS. In any furtherance of NQS, FEMA should ensure stakeholder input is incorporated into final guidance and processes and that the Compact is in no way hindered by NQS requirements. Emergency Management Professionalization.--The recommendation includes increases above the request of $305,000 for the Emergency Management Accreditation Program (EMAP) and $370,000 for the Certified Emergency Manager (CEM) program. FEMA has committed to increase the nation's overall emergency management capabilities at all levels of government, as well as the private sector, the nonprofit sector, and among individual emergency management professionals. EMAP and the CEM program are essential credentialing programs to help measure the capabilities and improve the performance of emergency management programs and individual emergency managers. Wireless Emergency Alerts.--The Committee recognizes the importance of Wireless Emergency Alerts (WEA) to warn the public about extreme weather events, including extreme heat and extreme poor air quality. The Committee encourages FEMA to continue to work with SLTT governments to educate and remind them of their ability to provide alerts about extreme heat and extreme poor air quality events. Response and Recovery Disaster Assessment Technologies.--The Committee is aware of commercial technologies that integrate real-time and near real-time data and high-resolution imagery to create an integrated multi-dimensional digital environment that supports rapid damage assessments and more effective reporting systems. Within 120 days of the date of enactment of this Act, the Office of Response and Recovery (OR&R) is directed to brief the Committee on the benefits and feasibility of integrating hi- resolution imagery and three-dimensional simulation capabilities into its emergency response tools. Ground Station Testbed.--The Committee recommendation includes $10,000,000 above the request to develop response ground station testbed for acquiring, processing, and analyzing data from small satellite-based, aerial, unmanned aerial, and un-attended ground sensors to inform and speed disaster response decision making. FEMA is encouraged to work with industry partners and to leverage Oak Ridge National Laboratory's technical expertise, ground station infrastructure, scalable high-performance computing, and mission support experience. IT Systems Modernization.--The Committee recognizes the vital function of IT systems and the necessity of IT modernization for OR&R to carry out its mission. Unfortunately, FEMA acquisition program baselines have not been sufficient to achieve meaningful IT modernization. The subsequent IT shortcomings lead to security vulnerabilities, increased costs, capability gaps from unmet requirements, technical obsolescence, risks not adequately addressed, and reduced responsiveness. Legacy IT systems also increase the risks of non-compliance with requirements and audits, reduce the Agency's ability to eliminate waste, fraud, and abuse, and perpetuate poor reporting functionality. The Committee directs FEMA's Chief Information Officer (CIO) and the Associate Administrator of OR&R to brief the Committee, within 90 days of the date of enactment of this Act, on unmet requirements for modernizing essential OR&R systems that directly support FEMA's mission. Plastic Products.--Plastics are a critical material used in protective sheeting, emergency kits, and other resources relied upon during major disasters and emergencies, including the COVID-19 pandemic. Within 120 days of the date of enactment of this Act, FEMA shall brief the Committee on its sources for protective sheeting, emergency kits, and other plastic base resources and what, if any, U.S.-based alternatives to foreign plastic products are commercially available, with a particular focus on bio-based and other environmentally friendly alternatives. Post Disaster Fuel Availability.--The Committee recognizes the importance of fuel supplies in the aftermath of a disaster and is concerned that insufficient refined fuel reserves, fragile supply chains, and other impediments to timely regional access threaten emergency response capabilities. In 2014, the Department of Energy Office of Energy Policy commissioned a report on U.S. Fuels Supply Infrastructure Vulnerabilities and Resiliency. FEMA, in its 2020 National Preparedness Report, highlighted insufficient capabilities of government to access fuel and perform ``National Critical Functions'' due to susceptible supply chains, and its 2021 National Preparedness Report calls for strategic investment in longterm ``National Critical Function'' resilience strategies to reduce risk during disasters. Within 120 days of the date of enactment of this Act, FEMA is directed to brief the Committee on the steps it and its interagency partners, including the Department of Energy, are taking to ensure the availability of fuel supplies in the aftermath of a disaster. Urban Search and Rescue (USAR).--The Committee recommends the requested funding level for USAR to fully support the 28 USAR Task Forces, including resources to recapitalize critical communications equipment necessary to conduct life-saving search and rescue operations and to sustain swift water and chemical, biological, radiological, and nuclear rescue operations. Mission Support Faith and Neighborhood Partnerships.--The Committee rejects the proposed realignment of funding for the Office of Faith and Neighborhood Partnerships from FEMA to the Office of Partnership and Engagement, which would require explicit authority from Congress. The requirement for such authority comes from the Post Katrina Emergency Management Reform Act of 2006 (Title VI of Public Law 109-295) and section 506 of the Homeland Security Act (6 U.S.C. 316), which were enacted as a result of previous efforts to remove FEMA functions. Preparedness Grant Evaluations.--The Committee reminds FEMA of the requirement in House Report 117-87 to provide a plan for the use of funding provided in the fiscal year 2022 funding Act to conduct evaluations on the use of preparedness grant funding, including a plan for requiring reporting on deaths or injuries resulting from the use of grant-funded equipment, supplies or materials; on any use of grant funds to acquire or use surveillance technology; and on how grant recipients are providing appropriate safeguards for the protection of privacy and civil liberties. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS Appropriation, fiscal year 2022....................... $209,985,000 Budget request, fiscal year 2023...................... 190,319,000 Recommended in the bill............................... 203,730,000 Bill compared with: Appropriation, fiscal year 2022................... -6,255,000 Budget request, fiscal year 2023.................. +13,411,000 The recommendation includes $13,411,000 above the request, including $3,000,000 for the National Warning System to complete upgrades for state and local networks; and $10,411,000 for construction, facilities, and asset improvement projects at the Mount Weather Emergency Operations Center (MWEOC). Financial Systems Modernization (FSM).--The Committee is concerned that the FEMA's transition from its legacy financial management system to a new system could negatively impact reimbursements to SLTTs and nonprofit applicants. During FSM development and implementation, the Committee encourages FEMA to provide for flexibility on deadlines in instances where there are good faith efforts to comply. MWEOC.--The recommendation provides $10,411,000 above the request for MWEOC construction, facilities, and asset improvements, of which $4,661,000 is for the emergency services building; $4,550,000 is for turf reinforcement to establish additional parting and travel lanes; and $1,200,000 is for a heavy rescue pumper improvements and enhancements. Not later than 90 days after the date of enactment of this Act, FEMA shall brief the Committee on a project timeline, with projected milestones and associated funding, for MWEOC improvement projects. The briefing shall include all prior year, current year, and budget year funding execution and planning details, as well as out-year estimates for future projects. FEDERAL ASSISTANCE Appropriation, fiscal year 2022....................... $3,633,199,000 Budget request, fiscal year 2023...................... 3,530,489,000 Recommended in the bill............................... 4,051,619,000 Bill compared with: Appropriation, fiscal year 2022................... +418,420,000 Budget request, fiscal year 2023.................. +521,130,000 A comparison of the budget request to the Committee recommended level by budget activity is as follows: ------------------------------------------------------------------------ Budget Request Recommendation ------------------------------------------------------------------------ Federal Assistance Grants State Homeland Security $616,186,000 $520,000,000 Grant Program............ (Operation (90,000,000) (90,000,000) Stonegarden)......... (Nonprofit Security).. (180,000,000) (Tribal Homeland (15,000,000) (15,000,000) Security Grant Program)............. Urban Area Security 711,184,000 615,000,000 Initiative............... (Nonprofit Security).. (180,000,000) Nonprofit Security........ 360,000,000 (State Program)....... (180,000,000) (Urban Area Program).. (180,000,000) Public Transportation 100,000,000 105,000,000 Security Assistance...... (Amtrak Security)..... (10,000,000) (10,000,000) (Other-the Road Bus (2,000,000) (2,000,000) Security)............ Port Security Grants...... 100,000,000 100,000,000 Assistance to Firefighter 370,000,000 370,000,000 Grants................... Staffing for Adequate Fire 370,000,000 370,000,000 and Emergency Response... Emergency Management 355,000,000 370,000,000 Performance Grants....... Flood Hazard Mapping and 350,000,000 350,000,000 Risk Analysis Program.... Regional Catastrophic 12,000,000 12,000,000 Preparedness Grants...... Emergency Food and Shelter 154,000,000 280,000,000 (Emergency Food and (24,000,000) (150,000,000) Shelter--Humanitarian ).................... Next Generation Warning 40,000,000 System................... Critical Infrastructure 80,000,000 - - - Grant Program............ Community Project Funding. - - - 247,500,000 ------------------------------------- Subtotal, Grants...... 3,218,370,000 3,739,500,000 Terrorism and Targeted (20,000,000) (20,000,000) Violence Prevention Grants (by transfer)..... Alternatives to Detention (5,000,000) (20,000,000) Case Management (by transfer)................ ------------------------------------- Subtotal, Grants 3,243,370,000 3,779,500,000 (including transfers) Education, Training, and Exercises Center for Domestic 71,031,000 71,031,000 Preparedness............. Center for Homeland 18,000,000 18,000,000 Defense and Security..... Emergency Management 30,777,000 30,777,000 Institute................ U.S. Fire Administration.. 58,287,000 58,287,000 National Domestic 101,000,000 101,000,000 Preparedness Consortium.. Continuing Training Grants 12,000,000 12,000,000 National Exercise Program. 21,024,000 21,024,000 Subtotal, Education, 312,119,000 312,119,000 Training, and Exercises............ ------------------------------------- Total, Federal 3,530,489,000 4,051,619,000 Assistance........... ------------------------------------- Total, Federal Assistance $3,555,489,000 $4,091,619,000 (including transfers)........ ------------------------------------------------------------------------ Aging Fire and Emergency Response Vehicles.--The Committee is aware that, due to funding shortfalls and the rising cost of firefighting vehicles, communities around the country continue to operate equipment well beyond their recommended replacement dates. In the city of Chicago, for example, 40 percent of firefighting engines and ladder trucks have exceeded their useful lifespan. Although the average fire engine in Baltimore is at the end of its 8-year recommended lifespan, the current replacement cycle there is 16 years. The Committee encourages FEMA to consider the replacement of fire and emergency response vehicles as a priority in establishing criteria for awards under the Assistance to Firefighter Grants program. Assistance to Firefighter Grants.--Recognizing the economic and operational hardships caused by the current pandemic, an administrative provision is included the bill to allow FEMA to waive the matching and maintenance of expenditure provisions for the Assistance to Firefighter Grants program. The Committee expects that the Administrator will use the discretion granted in section 309 to relieve the economic and operational hardships caused by the pandemic. Countering Domestic Violent Extremism.--As part of the funding notice for the fiscal year 2021 and fiscal year 2022 State Homeland Security Program (SHSP) and Urban Area Security Initiative (UASI) grant programs, the Secretary designated combating domestic violent extremism as a National Priority Area (NPA) on which state and urban area grant recipients would be required to allocate 7.5 percent of their total grant funds. Within 120 days of the date of enactment of this Act, FEMA is directed to brief the Committee on how states and urban areas used SHSP and UASI funding in support of this NPA. Continuing Training Grants.--The total under this heading includes $12,000,000 for Continuing Training Grants to support competitively awarded training programs to address specific national preparedness gaps such as cybersecurity, economic recovery, housing, and rural and tribal preparedness. Of this amount, not less than $3,000,000 shall be prioritized to be competitively awarded for FEMA-certified rural and tribal training. Crude Oil by Rail.--FEMA is encouraged to give priority consideration to grants for planning, training, and equipment to firefighters who are responsible for crude oil by rail and ethanol by rail derailment and incident response to help meet the needs of our most vulnerable communities and first responders. Emergency Response Training.--The Committee recognizes the importance of FEMA's education, training, and exercise programs in improving the nation's response to extreme weather events and natural disasters. Given the unique challenges underserved, rural, and remote communities face in training for emergencies, the Committee encourages FEMA training programs to support initiatives that serve rural and remote communities and help them prepare for and respond to extreme weather events. Firefighter Mental Health.--The Committee recognizes the tremendous stresses placed upon our first responders, a population that has seen an increase in suicides and mental health struggles in recent years. The Committee encourages FEMA to continue to place a high priority on funding for mental health wellness programs through the Assistance to Firefighters Grant Program. Next Generation Warning System (NGWS).--The recommendation includes $40,000,000 for the NGWS as part of IPAWS. The first priority of the NGWS program is to help public media entities replace aging infrastructure that is essential to their role in civil defense and public safety missions. The program also supports these investments by these entities in new technology needed to enhance alert, warning, and other public safety communications systems to ensure resilience, service to underserved populations, and the ability to meet the evolving nature of public alerting challenges. The Committee expects FEMA to work with the Corporation for Public Broadcasting to implement this program for public broadcasting entities as defined in 47 U.S.C. 397(11). School Safety.--School hardening measures are eligible activities under UASI and the SHSG program. Funds may be used for bullet resistant doors and glass; hinge-locking mechanisms; immediate notification to emergency 911 systems; mechanisms that provide real time actionable intelligence directly to law enforcement and first responders; installation of distraction devices or other countermeasures administered by law enforcement; and other measures determined to provide significant improvement to school physical security. The Committee encourages FEMA to work with states and school districts to increase awareness of these funding opportunities. Staffing for Adequate Fire and Emergency Response.--The bill continues a provision from prior years to allow FEMA to waive the matching and maintenance of expenditure provisions for the Staffing for Adequate Fire and Emergency Response (SAFER) program. The Committee expects the Administrator to use the discretion granted in section 307 as much of possible to relieve the economic and operational hardships caused by the current pandemic. Transit Security Grant Program (TSGP).--The TSGP supports efforts to address the highest transit security risks through investments in security infrastructure, such as security cameras, and training, including surveillance training. The Committee is aware that many TSGP applicants have been unsuccessful in getting grant awards to address transit security risks, while other grantees have at times received awards in recurring years to continue operational activities. The Committee encourages FEMA to consider giving priority toapplicants that have not received an award within the previous three years. An increase of $5,000,000 above the request is recommended for TSGP in the bill to allow FEMA to make awards to additional applicants. Urban Area Security Initiative (UASI).--The Implementing Recommendations of the 9/11 Commission Act of 2007 requires the FEMA Administrator to conduct an annual assessment of the relative threat, vulnerabilities, and potential consequences from acts of terrorism faced by each of the 100 most populous metropolitan statistical areas in the United States. Based on this assessment, the Administrator designates high-risk urban areas that are eligible for UASI grants. While the factors included in this assessment are defined in statute, the specific criteria that inform these factors and the methodology used to carry out the assessment are at the discretion of the Secretary and the Administrator, who review them on an annual basis. The Committee directs the Secretary to make UASI awards consistent with the prioritization instructions in the explanatory statement accompanying Public Law 116-260. Wood Chipper Programs.--The Committee understands that wood chipper programs are an effective means of fuel reduction in communities under threat from wildfire because they assist residents in maintaining defensible space around their homes, other structures, and access routes and enable communities to easily dispose of large amounts of potential fuel. The Committee encourage FEMA to continue to fund wood chipper programs in high-risk communities through the Fire Prevention and Safety Program. Community Project Funding Grants ---------------------------------------------------------------------------------------------------------------- Recipient Project Amount Program ---------------------------------------------------------------------------------------------------------------- Miller County Government................ Emergency Operations $161,167 Emergency Operations Center Communications Center Upgrade. Borough of Archbald..................... Archbald Borough Municipal 2,965,800 Emergency Operations Complex Project. Center Calhoun County.......................... Calhoun County Emergency 1,668,263 Emergency Operations Operations Center. Center Town of Madison......................... Madison CT Emergency 2,471,500 Emergency Operations Operations Center. Center Duval County............................ Duval County Emergency 2,965,800 Emergency Operations Operations Center. Center Town of Middlefield..................... Emergency Operation Center 2,224,350 Emergency Operations Grant: Town of Center Middlefield, CT. City of Bothell......................... Emergency Coordination 741,450 Emergency Operations Center--North, Backup Center Power Generator. Suwannee County Board of County Suwannee County EOC 2,346,784 Emergency Operations Commissioners. Construction. Center Wakulla County Board of Commissioners... Wakulla County Emergency 3,000,000 Emergency Operations Operations Center. Center City of Stafford........................ Stafford Emergency 259,508 Emergency Operations Operations Center Update. Center Buchanan County Emergency Management.... Buchanan County Emergency 208,000 Emergency Operations Operations Center. Center Prince George's County, Maryland........ Prince George's County 593,160 Emergency Operations Emergency Operations Center Center. Livingston County....................... Livingston County 250,000 Emergency Operations Emergency Operations Center Center Resilient Microgrid. County of Orleans....................... Orleans County Emergency 2,000,000 Emergency Operations Management and Operations Center Center. Lafayette County Emergency Management Lafayette County Emergency 3,000,000 Emergency Operations Agency. Operations Center. Center Clallam County.......................... The Clallam County and 2,965,800 Emergency Operations City of Port Angeles Center Joint Emergency Services and Public Safety Facility. Walpole Fire District................... Walpole Fire and EMS 1,058,791 Emergency Operations Emergency Operations Center Center Project. Town of Glocester....................... Public Safety 750,000 Emergency Operations Improvements--Town of Center Glocester. Charter Township of Bloomfield.......... Bloomfield Township 181,266 Emergency Operations Emergency Operation Center Center. City of Virginia Beach.................. Emergency Operations 1,482,900 Emergency Operations Center IT Modernization. Center Village of Kiryas Joel.................. Kiryas Joel Emergency 825,000 Emergency Operations Operations Center Project. Center Martin County........................... Emergency Operations 750,000 Emergency Operations Center Resiliency. Center Phelan Pinon Hills Community Services PPHCSD Civic Center & 2,000,000 Emergency Operations District. Community Emergency Center Operations Center. West Valley City........................ West Valley City Mobile 800,000 Emergency Operations Emergency Operations Center Center Project. Pearl River County...................... Pearl River County 2,900,000 Emergency Operations Multipurpose and Center Emergency Operations Center. South Plainfield Police Department...... South Plainfield Emergency 370,725 Emergency Operations Operations Center Center Modernization. Manchester Fire Department.............. Emergency Operations 333,653 Emergency Operations Center. Center Frederick County Government............. Emergency Operations 869,968 Emergency Operations Center. Center Walla Walla County...................... Walla Walla County E911 750,000 Emergency Operations Emergency Operations Center Center Relocation. The City of Commerce.................... City of Commerce--Public 1,482,900 Emergency Operations Safety Building / Center Sheriff's Substation (EOC). City of Montebello...................... Public Safety Critical 2,211,745 Emergency Operations Communications Upgrade Center Project. Anne Arundel County..................... Emergency Operations 2,471,500 Emergency Operations Center. Center City of Burbank......................... Burbank New Emergency 1,235,750 Emergency Operations Operations Center. Center Kittitas County......................... Regional Emergency 1,186,320 Emergency Operations Management Operations and Center Search and Rescue Facility. Hardee County, Florida.................. Funding for Hardee County 481,391 Emergency Operations Emergency Operation Center Center. New York City Office of Emergency New York City Emergency 926,813 Emergency Operations Management. Management Queens Borough Center Coordination Center. County of Lake.......................... Lakeport Armory Facility 988,600 Emergency Operations Repurposing Project. Center Garrett County.......................... Garrett County Emergency 698,848 Emergency Operations Communications 9-1-1. Center Town of Rutland......................... Rutland Town Public Safety 158,176 Emergency Operations Center. Center Palmer Municipal Fire Department........ Palmer Fire Department 346,010 Emergency Operations Emergency Operations Center Center. Town of Hopedale........................ Feasibility Study to 444,870 Pre-Disaster Mitigation Dredge Hopedale Pond and Daylight the Mill River for Community Resilience and Water Quality Improvements. Town of North Attleborough, Ten-Mile River Dredging... 1,482,900 Pre-Disaster Mitigation Massachusetts. City of Thousand Oaks................... Microgrid Installation for 1,853,625 Pre-Disaster Mitigation the Municipal Service Center. City of Wilson.......................... Hominy Water Quality Park 7,043,775 Pre-Disaster Mitigation and Greenway. County of Santa Barbara................. San Marcos Road 1,384,040 Pre-Disaster Mitigation Stabilization Project. Borough of Mayfield..................... Mayfield Borough Levee 2,327,734 Pre-Disaster Mitigation Upgrade. City and County of Honolulu............. Hardening of Fire Station 2,001,915 Pre-Disaster Mitigation Doors. City of Tampa........................... Bermuda Boulevard Seawall 2,965,800 Pre-Disaster Mitigation Improvements. City of Malden.......................... Malden River Works Project 1,334,610 Pre-Disaster Mitigation City of Woburn.......................... Hurld Park Construction... 2,916,370 Pre-Disaster Mitigation City of Revere.......................... Riverside Climate 1,977,200 Pre-Disaster Mitigation Resiliency Project. City of Houston......................... Lake Houston Dam Spillway 7,500,000 Pre-Disaster Mitigation Improvement Project. Kansas City Board of Public Utilities... Nearman Water Treatment 3,707,250 Pre-Disaster Mitigation Plant Emergency Electric Backup Generator. Town of Stratford....................... Flood Protection Measures 4,135,622 Pre-Disaster Mitigation for Stratford Water Pollution Control Facility. City of Bonita Springs.................. City of Bonita Springs 5,000,000 Pre-Disaster Mitigation Water Acquisition. Harris County Flood Control District.... Poor Farm Ditch Conveyance 9,886,000 Pre-Disaster Mitigation Improvements. City of Southside Place................. Auden Street Drainage 741,450 Pre-Disaster Mitigation Improvement. Hudspeth County......................... Hudspeth County Flood 375,000 Pre-Disaster Mitigation Mitigation Planning Project. Harris County Flood Control District.... Channel Conveyance 9,886,000 Pre-Disaster Mitigation Improvements to C147-00- 00. City of Burgin.......................... Burgin Pre-Disaster 562,500 Pre-Disaster Mitigation Mitigation Project. City of Lebanon Junction................ Lebanon Junction Pre- 675,000 Pre-Disaster Mitigation Disaster Mitigation Project. The City of Cedar Rapids................ 5th Avenue Gatewell and 1,725,000 Pre-Disaster Mitigation Pump Station Flood Mitigation Project. City of Seattle, Seattle Center Seattle Center Shelter 3,558,960 Pre-Disaster Mitigation Department. Facilities Sustainable Emergency Power. City of Williamsport.................... The Greater Williamsport 8,000,000 Pre-Disaster Mitigation Flood Control Project. City of Aberdeen........................ Aberdeen-Hoquiam Flood 4,943,000 Pre-Disaster Mitigation Protection Project. Town of Weymouth........................ Wessagusset Beach Project. 4,906,059 Pre-Disaster Mitigation Town of Hull............................ Nantasket Ave Seawall 4,943,000 Pre-Disaster Mitigation Replacement. Township of Hillsborough................ Green Hills Development 320,482 Pre-Disaster Mitigation Swale Improvements. City of Sacramento...................... Pannell Community Center 1,977,200 Pre-Disaster Mitigation Resilience Hub. Diablo Water District................... Water Reservoir Seismic 1,482,900 Pre-Disaster Mitigation Retrofit. Columbia County......................... Flood Control Projects for 1,725,000 Pre-Disaster Mitigation Columbia County. City of Davenport....................... Flood Mitigation at River 1,265,625 Pre-Disaster Mitigation Drive and Marquette Street. Town of Estes Park...................... Town of Estes Park 785,937 Pre-Disaster Mitigation Wildfire Mitigation. City of Palos Hills..................... Roberts Road Drainage 3,558,960 Pre-Disaster Mitigation Improvements. City of Flagstaff....................... Museum Post-Fire Flood 1,482,900 Pre-Disaster Mitigation Mitigation, Property Acquisitions. Silver Creek Flood Control District..... Millet Swale.............. 2,224,350 Pre-Disaster Mitigation Borough of Atlantic Highlands........... Atlantic Highlands 2,113,133 Pre-Disaster Mitigation Municipal Harbor Bulkhead Repairs. Baltimore County Executive's Office..... Pre-Disaster Mitigation in 1,482,900 Pre-Disaster Mitigation Turner Station. City of Norwalk......................... Emergency Generators for 976,962 Pre-Disaster Mitigation Community Resiliency. City of Annapolis....................... City Dock Resilience and 3,460,100 Pre-Disaster Mitigation Revitalization Project. City of Prospect Heights................ River Trails Stormwater 2,417,127 Pre-Disaster Mitigation Project. Alabama Emergency Management Agency..... Hale County Storm Shelters 511,601 Pre-Disaster Mitigation City of Belmont......................... Cities of Belmont and San 494,300 Pre-Disaster Mitigation Bruno Wildfire Prevention Project. Midpeninsula Regional Open Space Midpeninsula Open Space 741,450 Pre-Disaster Mitigation District. Wildland Fire Resiliency Project. City of Foster City..................... Levee Protection Planning 988,600 Pre-Disaster Mitigation and Improvements Project (CIP 301-657). San Mateo County........................ Filoli Wildfire Mitigation 494,300 Pre-Disaster Mitigation Project. Wayne County............................ Rehabilitation and Upgrade 741,450 Pre-Disaster Mitigation of Pump Station 182. City of North Wildwood.................. North Wildwood Sea Wall... 10,000,000 Pre-Disaster Mitigation County of Middlesex..................... Southern Middlesex County 1,112,175 Pre-Disaster Mitigation Flood Mitigation and Resilience Project. City of Galveston....................... Galveston 59th Street 10,000,000 Pre-Disaster Mitigation Water Storage Tank. City of Galveston....................... Galveston Causeway 10,000,000 Pre-Disaster Mitigation Waterline Project. Village of Port Jefferson............... East Beach Stabilization.. 3,750,000 Pre-Disaster Mitigation ---------------------------------------------------------------------------------------------------------------- DISASTER RELIEF FUND Appropriation, fiscal year 2022....................... $18,799,000 000 Budget request, fiscal year 2023...................... 19,740,000,000 Recommended in the bill............................... 19,945,000,000 Bill compared with: Appropriation, fiscal year 2022................... +1,146,000,000 Budget request, fiscal year 2023.................. +205,000,000 The recommendation includes an increase of $205,000,000 above the request for the Disaster Relief Fund. The amount provided, along with funding for eligible disaster response activities in the fiscal year 2023 Financial Services and General Government Appropriations Act, fully uses the Committee's disaster response allocation adjustment as provided by House Resolution 1151. 2017 Hurricane Recovery.--The Committee remains concerned about the overall pace of recovery from the 2017 hurricanes in Puerto Rico and the U.S. Virgin Islands. Congress provided FEMA with additional authority to expedite and expand the scope of disaster recovery in the Balanced Budget Act of 2018 (Public Law 115-123), the Disaster Recovery Reform Act of 2018 (division D of Public Law 115-254), and the Additional Supplemental Appropriations for Disaster Relief Act, 2019 (Public Law 116-20). House Report 116-458 and House Report 117- 87 reminded FEMA to make full use of this authority. The Committee appreciates the quarterly interagency briefings provided on recovery from these 2017 hurricanes and directs that future briefings address the impact of the pandemic on disaster recovery efforts and how FEMA intends to fully use its authority in support of those efforts and an update on the investments made in the electrical infrastructure in Puerto Rico and the U.S. Virgin Islands. Access to Disaster Assistance.--FEMA is reminded of the briefing requirements in House Report 117-87 and the Joint Explanatory Statement accompanying Public Law 117-103 related to disadvantaged individuals and communities. When providing those briefings, FEMA shall include information on steps the Agency is taking to expand the types of documentation disaster survivors can provide to demonstrate eligibility. Breastfeeding.--The Committee recognizes that breastfeeding confers meaningful clinical benefits for babies and mothers while reducing healthcare costs and continues to urge FEMA to ensure that breastfeeding mothers impacted by disasters have access to breastfeeding services and supplies through its Critical Needs Assistance, Other Needs Assistance, and other programs. In the aftermath of a disaster, FEMA is directed to work with SLTT, other federal agencies and volunteer organizations to ensure that disaster survivors and service providers have information on support available for nursing equipment and supplies. Bilingual and Multi-lingual Staff.--The Committee encourages FEMA to continue hiring bilingual and multi-lingual staff to meet the language needs of disaster survivors. Debris Removal.--The Committee reminds FEMA of the briefing requirement in House Report 117-87 and expects FEMA to provide the briefing expeditiously. De-Energization.--The Committee is aware that the increasing severity and frequency of extreme weather events has prompted efforts to reduce the risks of catastrophic wildfires by adopting ``de-energization'' protocols, under which electrical power is temporarily shut off for businesses, schools, healthcare facilities, and residences. The Committee encourages FEMA to reimburse the cost of generators for individuals who are affected by de-energization protocols implemented as a result of a presidentially declared major disaster. Direct Federal Assistance (DFA).--The Committee reminds FEMA of the briefing requirement in House Report 117-87 on DFA related to mutual aid and expects FEMA to provide the briefing expeditiously. Disaster Recovery Reform Act Implementation.--The Committee recognizes the efforts FEMA has made to implement the Disaster Recovery Reform Act of 2018 (division D of Public Law 115-254, DRRA) and the positive impact that has made for states, communities, and disaster survivors. Unfortunately, and as noted in House Report 116-458 and House Report 117-87, a number of provisions in the Act that were immediately effective or have overdue statutory deadlines have still not been implemented, including section 1215 on Management Costs, section 1221 on Closeout incentives, and section 1235 on Additional Mitigation Activities. While the Committee recognizes that the operational burdens of FEMA's response to the pandemic have contributed to delays, the Committee directs FEMA to implement these provisions expeditiously. The Committee reminds FEMA about the required quarterly briefings on the status of the implementation of the Act required by House Report 117-87 and directs the Agency to immediately commence these briefings and continue to provide them quarterly until all requirements of the DRRA have been fully implemented. The briefings shall include updates on the status of required rulemakings and the expected timeline for issuing final rules. Disaster Workforce.--The recommendation includes the proposed funding for hiring and retention incentives and base pay increases for FEMA's responder workforce. Within 60 days of the date of enactment of this Act, FEMA shall brief the Committee on a plan for the obligation of these funds. The Committee also reminds FEMA of the related briefing requirement in House Report 117-87 and expects FEMA to provide that briefing expeditiously. Electric Grid Resiliency.--The Committee reminds FEMA of the overdue requirement from House Report 116-458 and House Report 117-87 to brief the Committee on alternative methods to repair, rebuild, and fortify disaster-damaged electric grids. FEMA is directed to expeditiously provide the briefing, which should address FEMA's efforts with interagency partners to assess whether electric poles should comply with American Society of Civil Engineers standards. Insurance Not Required by the Stafford Act.--Not later than 60 days after the date of enactment of this Act, FEMA shall brief the Committee on whether the purchase or maintenance of insurance by an SLTT government that is not otherwise required under the Stafford Act will: (1) impact a recommendation by FEMA to the President to declare a Major Disaster in such State; or (2) negatively impact the amount of federal public assistance the SLTT government would receive or the government's eligibility for such assistance. Mitigation Assistance for Disadvantaged Communities.--The Committee recognizes that FEMA is continuing to expand mitigation assistance to disadvantaged communities and encourages the Agency to continue and increase these efforts. This includes providing community outreach and increased emphasis in competitive criteria for mitigation programs. Non-Contiguous States and Territories.--Not later than 120 days after the date of enactment of this Act, FEMA shall brief the Committee on an assessment of the unique challenges associated with the prompt delivery of public assistance and other FEMA programs in response to large-scale disasters in U.S. non-contiguous states and territories and strategies to address these challenges. The briefing shall incorporate lessons learned from the 2017 Hurricane Season and other recent events impacting non-contiguous states and territories. Public Assistance Briefings and COVID-19 Assistance.-- Although the Committee recognizes the significant work that FEMA has done to provide relief during the COVID-19 pandemic, it remains concerned about reports of prolonged timelines and a lack of transparency in the approval process for project worksheets. The Committee also notes that the briefing required in House Report 116-180 on the Public Assistance project worksheet process has not yet been provided. In House Report 116-458 and House Report 117-87, the Committee noted that this and other Public Assistance briefings were overdue, recognizing the operational constraints the pandemic had placed on the Agency. However, as noted in House Report 117-87, those constraints are waning. FEMA is directed to provide the required briefings to the Committee expeditiously. In addition, within 10 days of the date of enactment of this Act, FEMA shall brief the Committee on the process for COVID-19 project worksheet approvals. Western Wildfires.--The length and severity of the wildfire season seems to be increasing each year with commensurate increases in the risk to lives and property. While FEMA has a well-established program to prepare for the Atlantic Hurricane Season, it is unclear whether a similarly mature process has yet been developed or implemented for the Western wildfire season. Within 30 days of the date of enactment of this Act, FEMA shall brief the Committee on steps it is taking to better prepare for wildfire seasons. In particular, the briefing shall address reimbursement eligibility for the prepositioning of equipment and staff and timelines for reimbursements under major disaster and emergency declarations, as well as through Fire Management Assistance Grants. NATIONAL FLOOD INSURANCE FUND Appropriation, fiscal year 2022....................... $214,706,000 Budget request, fiscal year 2023...................... 225,000,000 Recommended in the bill............................... 225,000,000 Bill compared with: Appropriation, fiscal year 2022................... +10,294,000 Budget request, fiscal year 2023.................. - - - Title III--Administrative Provisions Section 301. The Committee continues a provision limiting expenses for the administration of grants. Section 302. The Committee includes a new provision that excludes the amounts provided for Nonprofit Security Grants from calculations related to state minimum funding amounts under the State Homeland Security Grant Program and the Urban Area Security Initiative. Section 303. The Committee continues a provision specifying timeframes for grant applications and awards. Section 304. The Committee continues a provision requiring a five-day advance notification for certain grant awards under ``Federal Emergency Management Agency--Federal Assistance.'' Section 305. The Committee continues a provision addressing the availability of certain grant funds for the installation of communications towers. Section 306. The Committee continues a provision requiring the submission of a monthly Disaster Relief Fund report. Section 307. The Committee continues a provision permitting the Secretary to grant waivers from specified requirements of section 34 of the Federal Fire Prevention and Control Act of 1974. Section 308. The Committee continues a provision providing for the receipt and expenditure of fees collected for the Radiological Emergency Preparedness Program, as authorized by Public Law 105-276. Section 309. The Committee continues a provision granting waivers for certain requirements pertaining to the granting of Assistance to Firefighter Grants. TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES U.S. Citizenship and Immigration Services Appropriation, fiscal year 2022....................... $409,504,000 Budget request, fiscal year 2023...................... 913,622,000 Recommended in the bill............................... 683,293,000 Bill compared with: Appropriation, fiscal year 2022................... +273,789,000 Budget request, fiscal year 2023.................. -230,329,000 Mission U.S. Citizenship and Immigration Services (USCIS) adjudicates and grants immigration and citizenship benefits, confirms eligibility for employment and public services, and promotes an awareness and understanding of citizenship in support of immigrant integration. USCIS activities are primarily funded through fees collected from applicants for immigration benefits. OPERATIONS AND SUPPORT Appropriation, fiscal year 2022....................... $389,504,000 Budget request, fiscal year 2023...................... 903,622,000 Recommended in the bill............................... 653,293,000 Bill compared with: Appropriation, fiscal year 2022................... +263,789,000 Budget request, fiscal year 2023.................. -250,329,000 The Committee supports the Administration's request to continue to increase capacity to address the USCIS backlog, increase USCIS's capacity to support anticipated increases in credible fear interviews and asylum adjudications, and begin to reduce the burden on fee-paying applicants and petitioners of unrelated humanitarian programs. However, because the budget request assumes an unrealistic hiring strategy for asylum- related operations, the recommendation reduces the Application Processing PPA by $229,336,000 below the request, which is $260,272,000 above fiscal year 2022 funding level. The recommendation does not include the requested $29,313,000 in discretionary funding for information technology and cybersecurity. While the Committee supports USCIS's need to fund these requirements, the costs should be built into USCIS's fee analysis for cost recovery purposes. The recommendation rejects the proposed $8,410,000 reduction to the E-Verify program, which was not adequately justified. Application Processing.--The Committee continues direction provided under this heading in House Report 117-87 related to the timely processing of applications, changes to fee levels, and reporting on processing performance. Asylum Seeker Access to Employment Authorization.--Not later than 90 days after the date of enactment of this Act, and quarterly thereafter, USCIS is directed to make available on a publicly accessible website: (1) the total number of pending employment authorization applications filed by individuals with pending applications for asylum or withholding of removal pursuant to 8 C.F.R. 274a.12(c)(8); and (2) the total number of such applications that have been pending 60 or fewer days, 61-90 days, 91-120 days, 121-179 days, and 180 or more days. Budget Justification Materials.--The Committee is disappointed that the justification materials for the fiscal year 2023 budget request for USCIS again lack the data and information necessary to evaluate proposals, requirements and the associated budget estimates and assumptions. For example, the pay and non-pay cost drivers should be more detailed, and the year-over-year changes for each of the funding profiles should be more transparently described. Further, the user fee justifications continue to lack important descriptions of planned spending profiles, year-over- year changes, and cost assumptions. The justifications for these accounts should provide the same level of detail and analysis as is provided for the Department's discretionary funding accounts. For example, the justification lacks detailed budget exhibits for each of the fee PPAs, the staffing and hiring strategy is not fully described, the plans and budget assumptions for USCIS's international operations and footprint is missing, and the funding and planned outcome measures for business process improvements and modernization efforts are not included. A full understanding of USCIS's budget strategy, plans, and assumptions are critical to Congress's oversight responsibilities--regardless of the funding source. The Committee expects these deficiencies to be addressed with the fiscal year 2024 budget justification materials or that the necessary program details, funding and staffing profiles, and other exhibits be submitted concurrently with the delivery of the fiscal year 2024 budget. Citizenship Promotion.--The Committee encourages CBP and USCIS to continue exploring the most effective methods to ensure that Lawful Permanent Residents arriving at ports of entry are aware of the benefits of citizenship and the process of becoming a U.S. citizen, to include self-service kiosks, signage, videos, and verbal scripts. Data on Asylum Operations.--USCIS is directed to continue to make available, on a publicly accessible website in a downloadable, searchable, and sortable format, a report containing not less than the previous twelve months of semimonthly data on: (1) the number of noncitizens determined to have a credible or reasonable fear of-- (A) persecution, as defined in section 235(b)(1)(B)(v) of the Immigration and Nationality Act; or (B) torture, as defined in section 208.30 of title 8, Code of Federal Regulations (as in effect on January 1, 2018); and (2) the total number of cases received by U.S. Citizenship and Immigration Services to adjudicate credible or reasonable fear claims, as described in paragraph (1), and the total number of cases closed. Such report shall also disaggregate the data described above with respect to the following subsets: (1) claims submitted by aliens detained at a U.S. Immigration and Customs Enforcement family residential center or an emergency family shelter; (2) claims submitted by aliens, organized by each subdivision of legal or administrative authority under which claims are reviewed; and (3) the job series of the personnel reviewing the claims. E-Verify.--The Committee looks forward to the briefing required under this heading in the explanatory statement accompanying the fiscal year 2022 funding Act (Public Law 117- 103) regarding a plan for an appeal process for a final non- confirmation within the E-Verify system, as well as improvements in outreach efforts and training tools to assist employers in improving the accuracy of information they submit into the system. The Committee is concerned that proposed reductions to E- Verify are premised upon the inability to backfill vacancies, do not account for addressing process improvements and outreach efforts, and may result in shortfalls to the program. Accordingly, the recommendation rejects the proposed cuts. Electronic Processing.--The Committee continues the requirement for USCIS to brief the Committee quarterly on its electronic processing efforts, as described in the explanatory statement accompanying the fiscal year 2022 funding Act (Public Law 117-103), including its efforts to establish a centralized mechanism for asylum seekers to apply for employment authorization online. The Committee reminds USCIS of its requirement to review whether Form I-765 can be more narrowly tailored to reduce paperwork and workloads, as described in the explanatory statement accompanying the fiscal year funding 2022 Act (Public Law 117-103), and it looks forward to hearing about the results of this review during the next semi-annual briefing. Eliminating Confusion in Classifying Job Occupations.--The Committee urges USCIS to continue to update each of its forms, both online and paper forms, to ensure that the Standard Occupational Classification codes are the only occupational codes used. Fee Waivers.--USCIS is directed to continue its current policy regarding the use of full fee waivers for certain applicants, petitioners, and requestors who demonstrate an inability to pay immigration and naturalization benefit application fees, and to provide partial fee waivers for N-400 applicants who can demonstrate household income between 150 percent and 200 percent of the federal poverty guidelines and are otherwise ineligible for full fee waivers. USCIS is directed to continue to accept any one of the following items as proof of inability to pay an immigration or naturalization benefit application fee: (1) documentation of receipt of a means-tested public benefit; (2) documentation of household income that is at or below 150 percent of the Federal Poverty Guidelines at the time of filing (or, in the case of a partial fee waiver, greater than 150 percent but not more than 200 percent of the Federal Poverty Guidelines at the time of filing an application for naturalization); or (3) documentation of financial hardship, including unexpected medical bills or emergencies. Further, USCIS is directed to maintain naturalization fees at an affordable level; reduce the backlog of applicants; and reduce the costs of obtaining replacement certificates of naturalization and certificates of citizenship, including by cooperating with the Department of State on the screening of derivative citizens, including international adoptees. Filipino World War II Veteran Visa Backlog.--Not later than 180 days after the date of enactment of this Act, USCIS shall brief the Committee on the number of individuals enrolled in the Filipino War Veteran Parole Program. The briefing shall also discuss opportunities to shorten the wait times for family members of Filipino World War II veterans and more quickly process the permanent resident applications of those enrolled in the Filipino War Veteran Parole Program, along with any resources and authorities needed. H-2A and H-2B Visas.--USCIS shall, in coordination with the Department of Labor's Office of Foreign Labor Certification, timely post public information provided by employers on Form I- 129 and associated filings regarding recruiters, recruiting agents, or agencies they plan to use. USCIS shall also establish a process whereby workers may confirm that they are the beneficiaries of H-2A or H-2B petitions and can receive information about their own immigration status, including their authorized period of stay and the status of any requested visa extensions. Additionally, the Committee is concerned about the abuses exposed in the H-2A visa program as part of Operation Blooming Onion. According to the Department of Justice, this was the result of a multi-year investigation into a human smuggling and labor trafficking operation that illegally imported Mexican and Central American workers into brutal conditions on farms in southern Georgia. To help ensure that steps are being taken to monitor and prevent similar abuses in the H-2B visa program, USCIS shall brief the Committee, not later than 60 days after the date of enactment of this Act, and in coordination with the Department of Labor, on efforts to prevent fraud and abuse in the H-2A and H-2B visa programs and efforts to ensure that employers, agents, attorneys, and recruiters who have been debarred by the Department of Labor cannot continue to participate in the programs. H-2B Visa Program Reporting.--Not later than 60 days after the date of enactment of this Act, the Department shall report to the Committee on the distribution of visas granted through the H-2B program, including a tabulation of the percentage of overall visas issued to the top 15 employers. Also, not later than 90 days after the date of enactment of this Act, the Department, in consultation with the Department of Labor, shall brief the Committee on the impacts of the current H-2B visa semiannual distribution on employers, employees, and agency operations. Humanitarian Petitions.--The Committee urges USCIS to refrain from imposing fees on any individual filing a humanitarian petition, including but not limited to a request for asylum, refugee admission, protection under the Violence Against Women Act (VAWA), Special Immigrant Juvenile status, or a T or U visa or Special Immigrant Visa for Iraqi and Afghan nationals. International Operations Division.--The Committee urges USCIS to continue to reevaluate its international footprint requirements to optimize its ability to meet its mission needs in a cost-effective manner. Not later than 90 days after the date of enactment of this Act, USCIS shall brief the Committee on its international operations, its reliance on operations in foreign locations, and its plans for changing its international footprint over the next five fiscal years, along with estimated budget and operational impacts of such changes. Military Naturalization Applications.--The Committee looks forward to the briefing required under this heading in the explanatory statement accompanying the fiscal year 2022 funding Act (Public Law 117-103). Additionally, on February 2, 2021, President Biden issued an ``Executive Order on Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans'' in which he directed DHS and the State and Justice Departments to partner with the Defense Department to ``facilitate naturalization for . . . members of the military.'' Not later than 30 days after the date of enactment of this Act, the Department shall brief the Committee on its progress in implementing this executive order, particularly as it relates to initiating naturalization during basic training. Quarterly Budget and Productivity Reporting.--The Committee looks forward to receiving the first of the quarterly briefings required under this heading in the explanatory statement accompanying the fiscal year 2022 funding Act (Public Law 117- 103). USCIS shall continue to provide these briefings in fiscal year 2023 and shall also include quarterly hiring projections and execution updates by mission critical occupation, including the associated funding for those positions. The data shall be disaggregated by PPA for each USCIS funding source. Refugee Admissions.--The Department shall update the information required under this heading in the explanatory statement accompanying the fiscal year 2022 funding Act (Public Law 117-103), related to staffing, interviews, approvals, and denials, by appending it with fiscal year 2022 data. Refugees Impacted by the Muslim Ban.--Data released by DHS and the Department of State as part of a court settlement show that many refugees who were in the final stages of being resettled in the United States when the refugee-specific Muslim Ban (Executive Order 13769) was issued in October 2017 have still not been able to enter the country. The Committee is concerned that, while the Muslim Ban is no longer operative, its lingering effects may be preventing people who were cleared for resettlement in 2017 from getting to the United States five years later. The Committee urges USCIS to expedite the resettlement applications of individuals who were in the final stages of entering the country when the refugee-specific Muslim Ban was announced. The Committee further urges USCIS to review the denials of admission to those refugees who were ready for travel on the day of the refugee-specific Muslim Ban and would be here in the United States if it were not for the ban. Special Immigrant Juvenile (SIJ) Applications.--The Committee is concerned about the backlog of SIJ applications. Therefore, not later than 90 days after the date of enactment of this Act, and quarterly thereafter, USCIS is directed to make the following information available on a publicly accessible website: (1) The total number of SIJ petitions pending before USCIS and the length of time each case has been pending; (2) The total number of SIJ adjudications, broken down by grant or denial and the average length of time SIJ petitions were pending prior to adjudication, decision, or issuance of a Request for Evidence (RFE) or Notice of Intent to Deny (NOID); (3) The total number of RFEs and NOIDs issued; and (4) The total numbers of SIJ petitions that have been pending for 60 or fewer days, 61-90 days, 91-120 days, 121-179 days, and 180 or more days. Spouse Petitions.--With respect to fiance(e) or spouse petitions involving a minor party, the Committee continues to direct USCIS to document the age of the minor party at the time of the civil/legal marriage, along with the age difference between the parties, with ages given in months as well as years. Systematic Alien Verification for Entitlements (SAVE) Program.--Not later than 120 days after the date of enactment of this Act, USCIS shall provide a report to the Committee that includes calculations for the prior three fiscal years of the percentage of all SAVE inquiries from user agencies made pursuant to mandates in federal law and the percentage related to benefits for which federal law does not require immigration status verification. In addition, the report shall provide an overview of the funding profile for the program, to include total operational costs, the program's reimbursement model, and the extent to which program costs are not fully recovered by user fees. The Committee expects that this program will not rely on fees paid by applicants and petitioners for immigration benefits; accordingly, the report shall also include any plans to achieve full-cost recovery. Trauma-Informed Support.--The Committee looks forward to the briefing required under this heading in the explanatory statement accompanying the fiscal year 2022 funding Act (Public Law 117-103). U Visa Program.--The Committee is concerned about the claims made in the OIG's January 6, 2022, report (OIG-22-10) regarding USCIS's management and implementation of the U Visa program. Not later than 60 days after the date of enactment of this Act, USCIS shall brief the Committee on the implementation of the recommendations included in the OIG report, including its rationale for not concurring with some of the OIG recommendations. Virtual Processes and Ceremonies.--The Committee is encouraged by USCIS's efforts to expand remote oaths of citizenship and naturalization ceremonies and encourages USCIS to work with the Department of Defense (DoD) to ensure that these virtual options are available for service members who seek to naturalize while stationed outside of the United States. The Committee looks forward to receiving the feasibility analysis required by the explanatory statement accompanying the fiscal year 2022 funding Act (Public Law 117- 103). Voter Registration for New Citizens.--USCIS shall examine the feasibility of working with appropriate state and local officials and agencies to register new U.S. Citizens upon completion of their oath ceremonies. Such examination shall consider the barriers to such efforts and examine whether USCIS can electronically transfer voter information to facilitate voter registration upon successfully obtaining U.S. Citizenship. Workload Staffing Modeling.--The Committee looks forward to the briefing required under this heading in the explanatory statement accompanying the fiscal year 2022 funding Act (Public Law 117-103). FEDERAL ASSISTANCE Appropriation, fiscal year 2022....................... $20,000,000 Budget request, fiscal year 2023...................... 10,000,000 Recommended in the bill............................... 30,000,000 Bill compared with: Appropriation, fiscal year 2022................... +10,000,000 Budget request, fiscal year 2023.................. +20,000,000 The recommendation includes $30,000,000 for the Citizenship and Integration Grant Program, $20,000,000 above the request and $10,000,000 above the fiscal year 2022 enacted level, to expand the availability of grant awards for meritorious proposals and to support projects that will test or bring to scale innovative methods of English and civics education and citizenship preparation. The Committee supports these efforts to help future citizens complete their immigration journeys and successfully integrate and engage in their communities. Increasing the number of grants will also help USCIS build the capacity for additional qualified service providers to assist lawful permanent residents who would not otherwise apply for naturalization, potentially remaining in the immigration pipeline indefinitely. The Committee looks forward to working with USCIS on improvements to this grant program, such as reviewing the guidelines and requirements set forth in the Notice of Funding Opportunity (NOFO) to be sure that no unnecessary or overly restrictive conditions are preventing otherwise qualified prospective grant recipient organizations from participating. Not later than five business days prior to the finalization of the NOFO, USCIS shall brief the Committee on any changes to the execution of the program, including changes in the qualifications and expectations of grant recipients. Not later than 120 days after the date of enactment of this Act, USCIS shall brief the Committee on its metrics for evaluating the success of this grant program. USCIS continues to have the authority to accept private donations to support the Citizenship and Integration Grant Program. The Committee directs USCIS to provide an update on its planned use of this authority not later than 30 days after the date of enactment of this Act, to include efforts undertaken to solicit private donations. Federal Law Enforcement Training Centers Appropriation, fiscal year 2022....................... $355,636,000 Budget request, fiscal year 2023...................... 396,547,000 Recommended in the bill............................... 396,547,000 Bill compared with: Appropriation, fiscal year 2022................... +40,911,000 Budget request, fiscal year 2023.................. - - - Mission The Federal Law Enforcement Training Centers (FLETC) provide or facilitate basic and advanced law enforcement training for over 90 federal agencies and numerous state, local, tribal, and international law enforcement organizations. OPERATIONS AND SUPPORT Appropriation, fiscal year 2022....................... $322,436,000 Budget request, fiscal year 2023...................... 355,247,000 Recommended in the bill............................... 355,247,000 Bill compared with: Appropriation, fiscal year 2022................... +32,811,000 Budget request, fiscal year 2023.................. - - - The recommendation funds the budget request, including $6,987,000 for Zero Trust Implementation. Northeast Interagency Training Centers.--The Committee is aware of efforts by the Department and the National Guard to establish interagency domestic operation training centers but remains concerned by the lack of training locations in areas of the country with high demand for federal-state interagency training, including in the Northeast. The Committee encourages the Department to continue working with the National Guard, as well as state and local leaders, to identify opportunities for expanding domestic training on federal or state property, including in regions like the Northeast that lack facilities for training related to active shooters, dense urban terrain, and cyber and electromagnetic response. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS Appropriation, fiscal year 2022....................... $33,200,000 Budget request, fiscal year 2023...................... 41,300,000 Recommended in the bill............................... 41,300,000 Bill compared with: Appropriation, fiscal year 2022................... +8,100,000 Budget request, fiscal year 2023.................. - - - The Committee recommends the budget request level, including $11,000,000 for the repair and replacement of Cheltenham storm water infrastructure; $3,000,000 for the replacement of existing building diesel generators at the Glynco campus; $20,300,000 for the construction of a strength and conditioning complex; and $7,000,000 for construction costs to establish a recycling center at Glynco. Science and Technology Directorate Appropriation, fiscal year 2022....................... $886,403,000 Budget request, fiscal year 2023...................... 901,291,000 Recommended in the bill............................... 963,777,000 Bill compared with: Appropriation, fiscal year 2022................... +77,374,000 Budget request, fiscal year 2023.................. +62,486,000 Mission The mission of the Science and Technology Directorate (S&T) is to conduct and support research, development, developmental and operational testing and evaluation, and the timely transition of homeland security capabilities to operational end users at the federal, state, and local levels. OPERATIONS AND SUPPORT Appropriation, fiscal year 2022....................... $330,590,000 Budget request, fiscal year 2023...................... 353,107,000 Recommended in the bill............................... 369,107,000 Bill compared with: Appropriation, fiscal year 2022................... +38,517,000 Budget request, fiscal year 2023.................. +16,000,000 The recommendation includes $16,000,000 above the request. The recommendation supports the requested $22,517,000 above the fiscal year 2022 level to ensure adequate staffing for mission essential requirements, operation and maintenance of S&T's five laboratory facilities, and acquisition improvements to support S&T's mission. Of the total amount provided for this account, $215,397,000 is available until September 30, 2024, for the Laboratory Facilities and Acquisition and Operations Analysis PPAs. Descriptions of the increases above the request are provided below. Artificial Intelligence (AI) Technology Center.--The recommendation includes $500,000 above the request in this account and up to $5,000,000 in Research and Development to support the formal establishment of an Artificial Intelligence (AI) Technology Center to centralize AI/machine learning (ML) subject matter expertise for DHS. This technology center will advise and guide policy and investments in AI/ML capabilities and technology solutions across the Department; advance integration of AI/ML across several capabilities and applications, including virtual reality and augmented reality; and implement S&T's AI/ML strategy. Additionally, the funding will be used to provide technical training materials to educate the Department's operators on the foundational concepts of AI/ ML and its applications to homeland security missions. Future Migration to the Southwest Border.--The recommendation includes $10,000,000 above the request to continue to expand and evolve interagency models on the impacts to federal agencies of changes in the flow of migration to the border, changes in policies, and changes in agency resources. Not later than 60 days after the date of enactment of this Act, S&T, the Migration Analysis Center, the Program Analysis and Evaluation division of DHS CFO, and the relevant operational DHS partners shall brief the Committee on the plans for the execution of these funds and a timeframe for delivery of model output to all stakeholder components and offices. System of Systems Operational Analytics (SoSOA).--The Committee is encouraged by the successes of the SoSOA team at S&T, which provides analyses and tools to support DHS components and directorates. To expand upon the services they can provide, the recommendation includes $5,500,000 above the request, of which $4,000,000 is in the Acquisition and Operations Analysis PPA and $1,500,000 is in the Mission Support PPA for additional staffing. Not later than 60 days after the date of enactment of this Act, and quarterly thereafter, S&T shall brief the Committee on the execution of these funds and the projects the SoSOA team is supporting. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS Appropriation, fiscal year 2022....................... $12,859,000 Budget request, fiscal year 2023...................... 89,466,000 Recommended in the bill............................... 63,716,000 Bill compared with: Appropriation, fiscal year 2022................... +50,857,000 Budget request, fiscal year 2023.................. -25,750,000 The recommendation provides $35,750,000, as requested, for critical improvements to S&T's laboratory facilities; $21,466,000 for the Plum Island Closure and Support (PICS) Program, an increase of $8,000,000 above the request; and $6,500,000 for the design and environmental planning of the Detection Sciences Testing and Applied Research (DSTAR) Center, a reduction of $33,750,000 below the request. Laboratory Facilities.--The Committee appreciates receiving S&T's Laboratory Infrastructure Requirements Assessment and includes $35,750,000, as requested, to ensure that S&T laboratory infrastructure can address deficiencies and capacity shortcomings to meet evolving mission requirements. Not later than 45 days after the date of enactment of this Act, S&T shall brief the Committee on the expenditure plan and anticipated project schedule for these funds. Additionally, the Committee directs S&T to complete the National Biodefense Analysis and Countermeasures Center (NBACC) facility expansion scoping study and to brief the Committee on the results by not later than 120 days after the date of enactment of this Act. Plum Island Closure and Support (PICS) Program.--The Committee provides $21,466,000, $8,000,000 above the request, to continue the transition, closure, and conveyance of all Plum Island real property and all related personal property to facilitate the transfer of the Plum Island Animal Disease Center (PIADC) mission to the National Bio and Agro-Defense Facility (NBAF). The Committee notes that the transition of PIADC science mission activities to NBAF is currently scheduled for completion in fiscal year 2024. S&T is directed to continue providing semi-annual briefings on the progress of these activities, as specified in the explanatory report accompanying Public Law 116-260. Further, not later than 120 days after the date of enactment of this Act, S&T, in consultation with the Department of Agriculture, shall brief the Committee on the full transition schedule and projected milestones, including any risk factors that may impact timelines and corresponding budget estimates. Transportation Security Laboratory (TSL) DSTAR Center.--The Committee supports the Administration's plan to move forward with the long overdue construction of the DSTAR Center. The current TSL working conditions are impacting work safety, productivity, and quality, putting the TSL at risk of not keeping pace with the support that TSA and other DHS components require. However, the Committee is concerned that the current project estimates and requirements are outdated and not fully developed. The recommendation includes partial funding of $6,500,000 for planning and design activities pending receipt of an up-to-date detailed project cost estimate and schedule. Concurrent with the President's fiscal year 2024 budget request, S&T is directed to provide a detailed project schedule and milestone assessment for construction of the DSTAR Center, including a revised cost estimate that reflects the TSL's up- to-date requirements for the center and current market conditions. RESEARCH AND DEVELOPMENT Appropriation, fiscal year 2022....................... $542,954,000 Budget request, fiscal year 2023...................... 458,718,000 Recommended in the bill............................... 530,954,000 Bill compared with: Appropriation, fiscal year 2022................... -12,000,000 Budget request, fiscal year 2023.................. +72,236,000 The Committee recommends an increase of $72,236,000 above the request, including $69,736,000 above the request for Research, Development, and Innovation (RD&I) and $2,500,000 above the request to restore the Minority Serving Institutions Program (MSIP) to the fiscal year 2022 level. Research, Development, and Innovation The recommendation provides $69,736,000 above the request for RD&I. The Committee has yet to receive a briefing from S&T on the proposed allocation of RD&I funds for fiscal year 2022 as required in House Report 117-87. Timely fulfillment of this requirement ensures the Committee can balance congressional RD&I priorities with S&T capabilities. S&T is directed to brief the Committee semi-annually on the proposed allocation of RD&I funds in fiscal year 2023 by thrust, program, and project areas. Active Neutron Interrogation for Cargo Screening.--The Committee recognizes concerns over the smuggling of narcotics, including opioids/fentanyl, and other contraband materials through ports of entry and transportation hubs. To improve the efficiency and effectiveness of screening operations, within the funds provides, the Committee encourages the development and deployment of a multi-purpose, high-yield active neutron interrogation system that does not require the use of radioactive material, including efforts to reduce system size and improve operator safety. Advanced Modeling and 3D Simulation Technologies.--Within the funds provided, the Committee encourages research on advanced modeling and three-dimensional (3D) simulation technologies that may support FEMA's disaster resilience, mitigation, and recovery operations, along with facilitating SLTT and private sector involvement. S&T, in coordination with FEMA, is directed to provide a briefing within 90 days of the date of enactment of this Act that details efforts to integrate hi-resolution imagery and 3D simulation capabilities into emergency response tools. Binational Industrial Research and Development Homeland Security (BIRD HLS) Program.--The Committee continues to support the BIRD HLS program, which allows S&T to work with Israeli partners to develop innovative technology solutions for homeland security needs and encourages continued funding of the program at its historical level of $2,000,000. In furtherance of the fiscal year 2020 report to Congress, S&T is directed to brief the Committee on the outcomes of grants awarded through this program not later than 90 days after the date of enactment of this Act. Border Threat of Small Unmanned Aerial Systems (sUAS).--The Committee recognizes the growing threat of sUAS activity at the southern border and encourages program funding that would drive data analysis, countermeasure work, cybersecurity vulnerability assessments, and drone exploitation activities. Composite Maritime Shipping Containers.--S&T is directed to brief the Committee not later than 60 days after the date of enactment of this Act on efforts to manufacture and field test secure, thermoplastic composite maritime shipping containers. The briefing shall include measurable next steps to include plans to move to the acquisition and maintenance phase. Concrete Structures Supporting Water Control Infrastructure.--Within the funds provided, the Committee encourages advanced research associated with viable alternatives to concrete dam design and performance, including characterization of structural demands and resistance, assessment of structural health and vulnerabilities, and development of repair/retrofit technologies, including applications of advanced materials. DHS Demonstration Site for Unmanned Aerial Systems (UAS).-- The Committee recognizes the valuable role of the common test site for demonstration and research of UAS and is pleased that the site is also available to other federal partners. Within the funds provided, the Committee encourages the use of the demonstration site to conduct UAS tests and evaluations for DHS operational entities and supports collaboration with the appropriate Center of Excellence where practicable. Gunshot Detection for Law Enforcement-Fired Weapons.--The Committee encourages S&T to evaluate technologies that record actual shots fired during law enforcement operations, communicate that information to police dispatchers, and archive the information for the purposes of post-incident reviews. Not later than 180 days after the date of enactment of this Act, S&T is directed to brief the Committee on the results of its evaluation, to include any potential value for federal, state, and local law enforcement. Intelligent Networked Wildland Fire Sensors.--The Committee acknowledges the need for a sensor technology capable of accurate, reliable detection and tracking of wildfires, enabling existing interventions and resources to be used more efficiently. Within the funds provided, the Committee encourages continued support for enhancing the resiliency and reliability of domestically manufactured, multi-modal wildfire fire detection systems to protect the Wildland Urban Interface, including the hardening of any such system against future cybersecurity threats and expanding pilot deployments and system validation. Low-Cost Team Awareness Kit (TAK).--Within the funds provided, S&T is encouraged to pursue the expansion of Low-Cost Team Awareness Kits (TAK) to DHS operational components with a need for this capability and that have accredited TAK servers running in their cloud environments. The Committee understands the tool is currently used by thousands of DHS personnel, along with other members of the national Homeland Security Enterprise, including state and local public safety personnel. Next Generation Biosurveillance Systems.--The Committee understands that S&T's Office of Mission and Capability Support is working to develop, test, and deploy next generation technologies that will significantly decrease the time required to reliably screen, detect and identify biological incidents. Within the funds provided, the Committee encourages S&T to complete advanced development, transition, fielding, and sustainment of these critical detection capabilities for rapid detection of aerosolized biological threats and to consider adapting the digital Matrix Assisted Laser Desorption and Ionization (MALDI) technology for rapid screening of infectious diseases. Not later than 120 days after the date of enactment of this Act, S&T is directed to brief the Committee on its progress in these areas. Partnership to Improve the National's Levee Systems.-- Within the funds provided, the Committee encourages S&T to advance the Educational Partnership Agreement between the U.S. Army Corps of Engineers Engineering Research Development Center and an academic sedimentation lab that has experience in cooperative research with the U.S. Department of Agriculture's Natural Resources Conservation Service to develop capabilities for maintaining and improving the integrity of the nation's existing levee and dam systems. Port and Maritime Resiliency and Security.--The Committee continues to recognize the vast data security threat facing the U.S. Maritime/Port sector and the potential consequences of cyber intrusions on mission critical infrastructure and operations. Within the funds provided, the Committee encourages support for the ongoing Port and Maritime Resiliency and Security Testbed research program to support the design and development of tactics, techniques, and procedures for effective threat response to critical maritime infrastructure. Positioning, Navigation, and Timing Services.--The federal government has determined that the disruption or manipulation of positioning, navigation, and timing (PNT) services has the potential to adversely affect the national and economic security of the United States. In response, Executive Order (EO) 13905--Strengthening National Resilience Through Responsible Use of Positioning, Navigation, and Timing Services--was published on February 18, 2020. The EO directs relevant departments and agencies, through DHS, to develop contractual language based on sector specific PNT profiles to be incorporated into federal contracts for products, systems, and services that integrate or use PNT services. The goal of this directive is to encourage the private sector to develop new robust and secure PNT services. The Committee directs the Department to complete the requirements for federal contracts specified in EO 13905 and provide an implementation briefing to the Committee not later than 60 days after the date of enactment of this Act. Research and Prototyping for IED Defeat (RAPID) Program.-- Within the funding provided, the Committee encourages S&T to assess emerging Improvised Explosive Device (IED) threats, develop render-safe technologies, and ensure a proper transition to first responders with appropriate training. Funding would enable the transition of these new capabilities to help public safety bomb technicians perform their duties safer and faster in direct support of DHS components and first responders. Not later than 90 days after the date of enactment of this Act, S&T shall brief the Committee on the planned obligation of funds for developing and transitioning technologies to support public safety across the nation, include any planned funding for RAPID. Research on Technological Solutions for Fentanyl Detection.--Within the funds provided, S&T is encouraged to partner with CBP to develop additional technological solutions to: (1) target and detect low-purity fentanyl, especially in counterfeit pressed tablets; (2) enhance targeting of counterfeit pills through nonintrusive, noninvasive, and other visual screening technologies; and (3) improve data-driven targeting to increase seizure rates of fentanyl and its precursors. Semiconductor Technology.--The Committee supports continued advanced research using high resolution magnification to improve the detection of potential structural defects in emerging semiconductor technologies (including microchips, light emitting diodes, batteries, and processors) that could allow the unintended manipulation of hardware. U.S.-Israel Cybersecurity Cooperation Enhancement Program.--S&T is encouraged to provide up to $6,000,000 for the U.S.-Israel Cybersecurity Cooperation grant program, as authorized by section 1551 of the National Defense Authorization Act for Fiscal Year 2022, to support cybersecurity research and development and demonstration and commercialization of cybersecurity technology. Voting Technologies and Election Data Security Procedures.--The Committee supports research to ensure that voting software and hardware is studied and vetted before being used during local, state, and federal elections. Consistent with prior year direction and within the resources provided, S&T is encouraged to fund quality assurance and continuous evaluation research on voting technologies and election procedures in cooperation with a qualified organization with experience performing technical audits of statewide elections systems. In consultation and coordination with the Elections Assistance Commission and CISA, this investment should include the development of new tools and training modules to enable states and localities to ensure that their election systems are secure. University Programs The recommendation provides $53,537,000 for University Programs, which includes $2,500,000 above the request for the Minority Serving Institutions Program (MSIP). Centers of Excellence.--The Committee underscores that Emeritus COEs remain valuable resources for homeland security science and technology solutions and training the next generation of homeland security experts. S&T shall report to the Committee not later than 60 days after the date of enactment of this Act on how DHS is leveraging Emeritus COEs to address homeland security challenges. Cross-Border Threat Screening and Supply Chain Defense.-- The Committee continues to encourage S&T to expand research and analysis on cross-border threat screening and supply chain defense in support of research on new technologies and capabilities, including predictive data analytics, to eliminate disruptions to the food and agriculture supply chain, and for early detection of public health threats and biothreats. Education Programs.--The Committee underscores the importance of MSIP in supporting homeland security related science, technology, engineering, and mathematics research, and includes $7,657,000, an increase of $2,500,000 above the request, for the program. The Committee understands that increased funding will support student experiential learning opportunities through science and engineering teaching initiatives, curriculum development, and scholarships within MSI communities; and increased engagement with the Nation's MSIs which include Historically Black Colleges and Universities, Hispanic Serving Institutions, Asian American and Native American Pacific Islander-Serving Institutions, and Tribal Colleges and Universities. Mitigating Biological Risks.--The Committee encourages S&T to work with research universities to develop a national testing capacity to assess vulnerabilities and mitigate biological risks, including COVID-19, in building air and water handling systems, multi-building facilities, and wastewater systems. The Committee supports the development of improved standard methods, processes, and protocols required for test and evaluation field demonstration, as well as operational use guidelines or concepts of operation for technologies claiming to rapidly assess indoor environments for pathogenic contamination. Countering Weapons of Mass Destruction Office Appropriation, fiscal year 2022....................... $452,011,000 Budget request, fiscal year 2023...................... 428,972,000 Recommended in the bill............................... 428,972,000 Bill compared with: Appropriation, fiscal year 2022................... -23,039,000 Budget request, fiscal year 2023.................. - - - Mission The Countering Weapons of Mass Destruction Office (CWMD) leads DHS efforts to develop and enhance programs and capabilities that defend against chemical, biological, radiological, and nuclear threats. OPERATIONS AND SUPPORT Appropriation, fiscal year 2022....................... $176,750,000 Budget request, fiscal year 2023...................... 151,970,000 Recommended in the bill............................... 151,970,000 Bill compared with: Appropriation, fiscal year 2022................... -24,780,000 Budget request, fiscal year 2023.................. - - - Visualization Tool.--The Committee encourages CWMD to continue its engagement in support of a visualization tool that incorporates data from state and local entities to inform emergency response, emergency management, and law enforcement at all levels of government. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS Appropriation, fiscal year 2022....................... $76,604,000 Budget request, fiscal year 2023...................... 55,304,000 Recommended in the bill............................... 55,304,000 Bill compared with: Appropriation, fiscal year 2022................... -21,300,000 Budget request, fiscal year 2023.................. - - - Biodetection.--First established nearly 20 years ago, the BioWatch program has struggled technologically to meet the operational goals of the program to provide effective early warning of the release of biological pathogens in populated areas. The Committee is aware that the Department of Defense has developed and successfully demonstrated a Matrix Assisted Laser Desorption and Ionization--Time of Flight (MALDI TOF) technology that appears capable of addressing the program's shortfalls. The Committee directs CWMD to provide a briefing, not later than 90 days after the date of enactment of this Act, on the feasibility of incorporating MALDI TOF sensor technology into its current BioDetection 21 effort. The briefing shall include a description of potential DHS applications, whether additional development work would be needed for those applications, and preliminary estimates of costs and benefits of adopting the technology. RESEARCH AND DEVELOPMENT Appropriation, fiscal year 2022....................... $65,709,000 Budget request, fiscal year 2023...................... 82,515,000 Recommended in the bill............................... 82,515,000 Bill compared with: Appropriation, fiscal year 2022................... +16,806,000 Budget request, fiscal year 2023.................. - - - Radiation Portal Technology Enhancement and Replacement.-- The Committee is concerned with the acquisition schedule of the Radiation Portal Technology Enhancement & Replacement (RAPTER) program to develop, acquire, and deploy 1,400 new radiation portal monitor (RPM) systems to recapitalize the existing fleet of aging RPMs. CWMD is directed to brief the Committee within 90 days of the date of enactment of this Act and on a quarterly basis thereafter regarding the progress of the RAPTER program and the feasibility of accelerating the current acquisition schedule. TIBr HPRDS Objective Resolution.--The Committee is aware that CWMD is engaged in an ongoing research and development effort, known as THOR (TIBr HPRDS Objective Resolution), to develop a Thallium Bromide (TlBr) gamma detection capability as a viable radiation and nuclear detection and identification technology. The Committee supports this effort but urges CWMD to retain a High Purity Germanium capability to ensure a suitable level of detection capability. FEDERAL ASSISTANCE Appropriation, fiscal year 2022....................... $132,948,000 Budget request, fiscal year 2023...................... 139,183,000 Recommended in the bill............................... 139,183,000 Bill compared with: Appropriation, fiscal year 2022................... +6,235,000 Budget request, fiscal year 2023.................. - - - Title IV--Administrative Provisions Section 401. The Committee continues a provision allowing USCIS to acquire, operate, equip, and dispose of up to five vehicles under certain scenarios. Section 402. The Committee continues a provision limiting the use of A-76 competitions by USCIS. Section 403. The Committee continues a provision related to the collection and use of biometrics. Section 404. The Committee includes a new provision that exempts Special Immigrant Juvenile Status visas from employment-based visa caps. Section 405. The Committee includes a new provision concerning the availability of unused employment-based and family-based visas. Section 406. The Committee includes a new provision concerning the admission of certain individuals who were previously offered visas through the diversity visa lottery. Section 407. The Committee includes a new provision making available additional H-2B visas and waives certain rulemaking requirements to expedite visa approvals. Section 408. The Committee includes a new provision concerning the issuance of H-2A visas for agricultural work without regard to whether the work is temporary or seasonal in nature. Section 409. The Committee continues a provision authorizing FLETC to distribute funds for incurred training expenses. Section 410. The Committee continues a provision directing the FLETC Accreditation Board to lead the federal law enforcement training accreditation process to measure and assess federal law enforcement training programs, facilities, and instructors. Section 411. The Committee continues a provision allowing for the acceptance of funding transfers from other government agencies for construction of special use facilities. Section 412. The Committee continues a provision classifying FLETC instructor staff as inherently governmental for certain purposes. TITLE V--GENERAL PROVISIONS (INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS) Section 501. The Committee continues a provision limiting the availability of appropriations to one year unless otherwise expressly provided. Section 502. The Committee continues a provision providing that unexpended balances of prior year appropriations may be merged with new appropriation accounts and used for the same purpose, subject to reprogramming guidelines. Section 503. The Committee continues and modifies a provision from prior years related to reprogramming limitations and transfer authority. The Department must notify the Committees on Appropriations at least 15 days in advance of each reprogramming of funds that would: (1) eliminate a program, project, or activity; (2) reduce programs, projects, and activities, or personnel, by ten percent or more; or (3) increase a program, project, or activity by more than $5,000,000 or ten percent, whichever is less. The term ``program, project, and activity'' (PPA) is defined as each functional category listed under an account heading in the Comparative Statement of New Budget Authority (CSBA) table included at the back of this report, along with each funding amount designated for a particular purpose within the statement narrative, exclusive of simple references to increases or reductions below the budget request. Funding for each PPA should not be used for the purposes of any other PPA. Within 30 days of the date of enactment of this Act, the Department shall submit to the Committees a table delineating PPAs subject to section 503 notification requirements, as defined in subsection 503(f)(1) and this paragraph. Limited transfer authority is provided to give the Department flexibility in responding to emerging requirements and significant changes in circumstances but is not intended to facilitate the implementation of new activities that were not proposed in a formal budget submission. Transfers may not reduce accounts by more than five percent or increase accounts by more than ten percent. The Committees on Appropriations must be notified not fewer than 30 days in advance of any transfer. To avoid violations of the Anti-Deficiency Act, the Secretary shall ensure that any transfer of funds is carried out in compliance with the limitations and requirements of section 503(c). In particular, the Secretary should ensure that any such transfers adhere to the opinion of the Comptroller General's decision in the Matter of: John D. Webster, Director, Financial Services, Library of Congress, dated November 7, 1997, with regard to the definition of an appropriation subject to transfer limitations. Notifications should provide complete explanations of proposed funding reallocations, including detailed justifications for the increases and graphics and any specific impact the proposed changes would have on future-year appropriations requirements, along with a table showing the proposed revisions to funding and FTE--at the account and PPA levels--for the current fiscal year, along with any expected funding and FTE impacts during the budget year. The Department shall manage its PPAs within the levels appropriated and should only submit reprogramming or transfer notifications in cases of unforeseeable and compelling circumstances that could not have been predicted when formulating the budget request for the current fiscal year. When the Department becomes aware of an emerging requirement after the President's budget has been submitted to Congress but prior to the enactment of a full-year funding Act for the budget year, it is incumbent on the Office of the Chief Financial Officer to timely notify the Committees. When the Department submits a reprogramming or transfer notification and does not receive identical responses from the House and Senate Committees, it is expected to work with the Committees to reconcile the differences before proceeding. This section prohibits above-threshold reprogramming actions and transfers after June 30 except in extraordinary circumstances that imminently threaten the safety of human life or the protection of property. If an above-threshold reprogramming or a transfer is required after that date, the notification should contain sufficient documentation as to why it meets this statutory exception and should be accompanied by a certification to that effect by the Under Secretary for Management. De-obligated funds continue to be subject to the reprogramming and transfer limitations and requirements set forth in section 503. Section 504. The Committee includes a new provision prohibiting DHS from carrying out the following without a prior notification by the Under Secretary for Management: (1) contracting out functions performed by federal personnel or proposed in the budget to be performed by such personnel; (2) obligating Procurement, Construction, and Improvement funds for purposes not proposed in the budget or described in the bill or explanatory statement; (3) obligating Operations and Support funding to establish or eliminate an office or other functional unit unless such establishment or elimination was proposed in the budget or described in the bill or explanatory statement. Section 505. The Committee continues a provision providing that not to exceed 50 percent of unobligated balances remaining available at the end of the prior fiscal year for each Operations and Support appropriation shall have an additional fiscal year of availability, subject to a section 503 reprogramming notification. Section 506. The Committee continues by reference a provision prohibiting funds appropriated or otherwise made available to the Department to make payment to the Working Capital Fund, except for activities and amounts proposed in the President's budget request. Section 507. The Committee continues a provision that deems intelligence activities to be specifically authorized during the current fiscal year until the enactment of an Act authorizing intelligence activities for the current fiscal year. Section 508. The Committee continues a provision requiring notification to the Committees at least three days before DHS executes or announces grant allocations, grant awards, contract awards (including contracts covered by the Federal Acquisition Regulation), other transaction agreements, letters of intent, or a task or delivery order on multiple award contracts totaling more than $1,000,000; a task or delivery order greater than $10,000,000 from multi-year funds; or sole-source grant awards. Notifications shall include a description of projects or activities to be funded and their location, including city, county, and state. Section 509. The Committee continues a provision prohibiting all agencies from purchasing, constructing, or leasing additional facilities for federal law enforcement training without advance notification to the Committees. Section 510. The Committee continues a provision prohibiting the use of funds for any construction, repair, alteration, or acquisition project for which a prospectus, if required under chapter 33 of title 40, United States Code, has not been approved. Section 511. The Committee continues by reference a prior- year provision related to contracting officer's technical representative training. Section 512. The Committee continues a provision prohibiting the use of funds in contravention of the Buy American Act. Section 513. The Committee continues a provision regarding the oath of allegiance required by section 337 of the Immigration and Nationality Act. Section 514. The Committee continues and modifies a provision prohibiting DHS from using funds in this Act to use reorganization authority. Section 515. The Committee continues a provision prohibiting funds for planning, testing, piloting, or developing a national identification card. Section 516. The Committee continues a provision directing that any official required by this Act to report or certify to the Committees on Appropriations may not delegate such authority unless expressly authorized to do so in this Act. Section 517. The Committee continues a provision prohibiting funds in this Act to be used for first-class travel. Section 518. The Committee continues a provision prohibiting funds appropriated or otherwise made available by this Act to pay for award or incentive fees for contractors with below satisfactory performance or performance that fails to meet the basic requirements of the contract. Section 519. The Committee continues a provision requiring DHS computer systems to block electronic access to pornography, except for law enforcement purposes. Section 520. The Committee continues a provision regarding the transfer of firearms by federal law enforcement personnel. Section 521. The Committee continues a provision regarding funding restrictions and reporting requirements related to conferences occurring outside of the United States. Section 522. The Committee continues a provision prohibiting funds to reimburse any federal department or agency for its participation in a National Special Security Event. Section 523. The Committee continues a provision requiring a notification, including justification materials, prior to implementing any structural pay reform or instituting a new position classification that affects more than 100 full-time positions or costs more than $5,000,000. Section 524. The Committee continues a provision directing the Department to post on a public website reports required by the Committees on Appropriations unless public posting compromises homeland or national security or contains proprietary information. Section 525. The Committee continues a provision authorizing minor procurement, construction, and improvements under ``Operations and Support'' appropriations, as specified. Section 526. The Committee continues by reference a provision to authorize DHS to fund out of existing discretionary appropriations the expenses of primary and secondary schooling of eligible dependents in areas of U.S. territories that meet certain criteria. Section 527. The Committee continues a provision extending other transaction authority for the Department. Section 528. The Committee continues a provision regarding access to detention facilities by members of Congress or their designated staff. Section 529. The Committee continues a provision prohibiting the use of funds to use restraints on pregnant detainees in DHS custody except in certain circumstances. Section 530. The Committee continues a provision prohibiting the use of funds for the destruction of records related to detainees in custody. Section 531. The Committee continues a provision prohibiting funds for a Principal Federal Official during a declared disaster or emergency under the Stafford Act, with certain exceptions. Section 532. The Committee continues a provision requiring the Under Secretary for Management to submit a component-level report on unfunded priorities classified as budget function 050. Section 533. The Committee continues a provision requiring notifications when the President designates a former or retired federal official or employee for protection and reporting regarding the costs of such protection. Section 534. The Committee continues a provision requiring notifications and reporting on DHS submissions of proposals to the Technology Modernization Fund. Section 535. The Committee continues and modifies a provision appropriating an additional amount for CBP, ICE, and FEMA to address border management requirements. Section 536. The Committee includes a new provision that protects against the denial of immigration benefits solely based on grounds related to cannabis. Section 537. The Committee includes a new provision prohibiting the use of funds to enter into a procurement contract, memorandum of understanding, or cooperative agreement with, or make a grant to or provide a loan or loan guarantee to certain entities. Section 538. The Committee includes a new provision to make U.S. territories eligible for assistance authorized by Section 205 of the Stafford Act (42 U.S.C. 5135). Section 539. The Committee includes a new provision rescinding and reappropriating funding available for a Community Project Funding item in the Department of Homeland Security Appropriations Act, 2022, that could not be executed due to a technical error. Section 540. The Committee includes a provision rescinding unobligated balances from specified sources. APPROPRIATIONS CAN BE USED ONLY FOR THE PURPOSES FOR WHICH MADE Title 31 of the United States Code makes clear that appropriations can be used only for the purposes for which they were appropriated as follows: Section 1301. Application. (a) Appropriations shall be applied only to the objects for which the appropriations were made except as otherwise provided by law. House of Representatives Report Requirements The following items are included in accordance with various requirements of the Rules of the House of Representatives. [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES Pursuant to clause 3(c)(4) of rule XIII off the Rules of the House of Representatives, the following is a statement of general performance goals and objectives for which this measure authorizes funding: The Committee on Appropriations considers program performance, including a program's success in developing and attaining outcome-related goals and objectives, in developing funding recommendations. RESCISSION OF FUNDS Pursuant to clause 3(f)(2) of rule XIII of the Rules of the House of Representatives, the following table is submitted describing the rescissions recommended in the accompanying bill: ------------------------------------------------------------------------ Account / Activity Rescissions ------------------------------------------------------------------------ U.S. Customs and Border Protection--Procurement, $100,097,000 Construction, and Improvement (PC&I) from Public Law 117-103............................................. Transportation Security Agency--Operations and 100,097,000 Support (O&S) from Public Law 117-103............... U.S. Citizenship and Immigration Services--O&S from 87,619,000 Public Law 117-103.................................. ------------------------------------------------------------------------ TRANSFERS OF FUNDS Pursuant to clause 3(f)(2) of rule XIII of the Rules of the House of Representatives, the following is submitted describing transfers of funds recommended in the accompanying bill: In title I, under ``Office of the Secretary and Executive Management--Federal Assistance'', language is included allowing for the transfer of $40,000,000 to the ``Federal Emergency Management Agency--Federal Assistance'', of which $20,000,000 shall be for targeted violence and terrorism prevention grants and of which $20,000,000 shall be for the Alternatives to Detention Case Management program. In title I, under ``Administrative Provisions'', section 108 includes language allowing for the transfer of $14,000,000 to the ``Office of Inspector General--Operations and Support'' account. In title II, under ``U.S. Customs and Border Protection-- Operations and Support'', language is included allowing for the transfer of $5,000,000 to the Bureau of Indian Affairs. In title II, under ``Administrative Provisions'', section 211 includes language allowing for the transfer of up to $100,000,000 from ``U.S. Customs and Border Protection-- Procurement, Construction, and Improvements'' to the Department of the Interior and the Department of Agriculture. In title V, section 503 includes language permitting the transfer of up to 5 percent of each appropriation in the bill to one or more other appropriations in the bill and permitting the augmentation of each appropriation to not more than 10 percent of the original amount appropriated. In title V, section 505 includes language permitting up to 30 percent of ``Operations and Support'' appropriations that would otherwise expire at the end of the fiscal year funded by this Act to be transferred to the Department of Homeland Security Information Technology Modernization Fund, to remain available through the end of the third fiscal year following such transfer. In title V, section 507 includes language permitting the transfer of funds appropriated for the activities of the Office of Intelligence and Analysis to ``Management Directorate-- Operations and Support'' up to the amount by which such appropriations exceed the level authorized for such office by an Act authorizing intelligence activity for the fiscal year funded by this Act. DISCLOSURE OF EARMARKS AND CONGRESSIONAL DIRECTED SPENDING ITEMS The following table is submitted in compliance with clause 9 of rule XXI and lists the congressional earmarks (as defined in paragraph (e) of clause 9) contained in the bill or in this report. Neither the bill nor the report contain any limited tax benefits or limited tariff benefits as defined in paragraphs (f) or (g) of clause 9 of rule XXI. HOMELAND SECURITY [Community Project Funding] -------------------------------------------------------------------------------------------------------------------------------------------------------- House Agency Account Location Recipient Project House Amount Requestors -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Colquitt, GA......... Miller County Government..... Emergency Operations Center $161,167 Bishop (GA) EOC. Communications Upgrade. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Archbald, PA......... Borough of Archbald.......... Archbald Borough Municipal Complex 2,965,800 Cartwright EOC. Project. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- St. Matthews, SC..... Calhoun County............... Calhoun County Emergency 1,668,263 Clyburn EOC. Operations Center. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Madison, CT.......... Town of Madison.............. Madison CT Emergency Operations 2,471,500 Courtney EOC. Center. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- San Diego, TX........ Duval County................. Duval County Emergency Operations 2,965,800 Cuellar EOC. Center. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Middlefield, CT...... Town of Middlefield.......... Emergency Operation Center Grant: 2,224,350 DeLauro EOC. Town of Middlefield, CT. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Bothell, WA.......... City of Bothell.............. Emergency Coordination Center -- 741,450 DelBene EOC. North, Backup Power Generator. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Live Oak, FL......... Suwannee County Board of Suwannee County EOC Construction.. 2,346,784 Dunn EOC. County Commissioners. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Crawfordville, FL.... Wakulla County Board of Wakulla County Emergency 3,000,000 Dunn EOC. Commissioners. Operations Center. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Stafford, TX......... City of Stafford............. Stafford Emergency Operations 259,508 Green (TX) EOC. Center Update. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Independence, IA..... Buchanan County Emergency Buchanan County Emergency 208,000 Hinson EOC. Management. Operations Center. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Hyattsville, MD...... Prince George's County, Prince George's County Emergency 593,160 Hoyer EOC. Maryland. Operations Center. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Geneseo, NY.......... Livingston County............ Livingston County Emergency 250,000 Jacobs (NY) EOC. Operations Center Resilient Microgrid. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Albion, NY........... County of Orleans............ Orleans County Emergency 2,000,000 Jacobs (NY) EOC. Management and Operations Center. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Oxford, MS........... Lafayette County Emergency Lafayette County Emergency 3,000,000 Kelly (MS) EOC. Management Agency. Operations Center. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Port Angeles, WA..... Clallam County............... The Clallam County and City of 2,965,800 Kilmer EOC. Port Angeles Joint Emergency Services and Public Safety Facility. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Walpole, NH.......... Walpole Fire District........ Walpole Fire and EMS Emergency 1,058,791 Kuster EOC. Operations Center Project. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Chepachet, RI........ Town of Glocester............ Public Safety Improvements -- Town 750,000 Langevin EOC. of Glocester. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Bloomfield Township, Charter Township of Bloomfield Township Emergency 181,266 Levin (MI) EOC. MI. Bloomfield. Operation Center. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Virginia Beach, VA... City of Virginia Beach....... Emergency Operations Center IT 1,482,900 Luria EOC. Modernization. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Kiryas Joel, NY...... Village of Kiryas Joel....... Kiryas Joel Emergency Operations 825,000 Maloney, Sean EOC. Center Project. Patrick -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Stuart, FL........... Martin County................ Emergency Operations Center 750,000 Mast EOC. Resiliency. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Phelan, CA........... Phelan Pinon Hills Community PPHCSD Civic Center & Community 2,000,000 Obernolte EOC. Services District. Emergency Operations Center. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- West Valley City, UT. West Valley City............. West Valley City Mobile Emergency 800,000 Owens EOC. Operations Center Project. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Poplarville, MS...... Pearl River County........... Pearl River County Multipurpose 2,900,000 Palazzo EOC. and Emergency Operations Center. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- South Plainfield, NJ. South Plainfield Police South Plainfield Emergency 370,725 Pallone EOC. Department. Operations Center Modernization. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Manchester, NH....... Manchester Fire Department... Emergency Operations Center....... 333,653 Pappas EOC. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Frederick, MD........ Frederick County Government.. Emergency Operations Center....... 869,968 Raskin EOC. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Walla Wall, WA....... Walla Walla County........... Walla Walla County E911 Emergency 750,000 Rodgers (WA) EOC. Operations Center Relocation. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Commerce, CA......... The City of Commerce......... City of Commerce--Public Safety 1,482,900 Roybal-Allard EOC. Building / Sheriff's Substation (EOC). -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Montebello, CA....... City of Montebello........... Public Safety Critical 2,211,745 Sanchez EOC. Communications Upgrade Project. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Annapolis, MD........ Anne Arundel County.......... Emergency Operations Center....... 2,471,500 Sarbanes EOC. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Burbank, CA.......... City of Burbank.............. Burbank New Emergency Operations 1,235,750 Schiff EOC. Center. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Ellensburg, WA....... Kittitas County.............. Regional Emergency Management 1,186,320 Schrier EOC. Operations and Search and Rescue Facility. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Wauchula, FL......... Hardee County, Florida....... Funding for Hardee County 481,391 Steube EOC. Emergency Operation Center. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- New York City, NY.... New York City Office of New York City Emergency Management 926,813 Suozzi EOC. Emergency Management. Queens Borough Coordination Center. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Lakeport, CA......... County of Lake............... Lakeport Armory Facility 988,600 Thompson (CA) EOC. Repurposing Project. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Oakland, MD.......... Garrett County............... Garrett County Emergency 698,848 Trone EOC. Communicatons 9-1-1. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Center Rutland, VT... Town of Rutland.............. Rutland Town Public Safety Center. 158,176 Welch EOC. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Palmer, PA........... Palmer Municipal Fire Palmer Fire Department Emergency 346,010 Wild EOC. Department. Operations Center. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Hopedale, MA......... Town of Hopedale............. Feasibility Study to Dredge 444,870 Auchincloss PDM. Hopedale Pond and Daylight the Mill River for Community Resilience and Water Quality Improvements. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- North Attleborough, Town of North Attleborough, Ten-Mile River Dredging........... 1,482,900 Auchincloss PDM. MA. Massachusetts. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Thousand Oaks, CA.... City of Thousand Oaks........ Microgrid Installation for the 1,853,625 Brownley PDM. Municipal Service Center. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Wilson, NC........... City of Wilson............... Hominy Water Quality Park and 7,043,775 Butterfield PDM. Greenway. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Santa Barbara, CA.... County of Santa Barbara...... San Marcos Road Stabilization 1,384,040 Carbajal PDM. Project. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Mayfield, PA......... Borough of Mayfield.......... Mayfield Borough Levee Upgrade.... 2,327,734 Cartwright PDM. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Honolulu , HI........ City and County of Honolulu.. Hardening of Fire Station Doors... 2,001,915 Case PDM. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Tampa, FL............ City of Tampa................ Bermuda Boulevard Seawall 2,965,800 Castor (FL) PDM. Improvements. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Malden, MA........... City of Malden............... Malden River Works Project........ 1,334,610 Clark (MA) PDM. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Woburn, MA........... City of Woburn............... Hurld Park Construction........... 2,916,370 Clark (MA) PDM. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Revere, MA........... City of Revere............... Riverside Climate Resiliency 1,977,200 Clark (MA) PDM. Project. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Houston, TX.......... City of Houston.............. Lake Houston Dam Spillway 7,500,000 Crenshaw PDM. Improvement Project. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Kansas City, KS...... Kansas City Board of Public Nearman Water Treatment Plant 3,707,250 Davids (KS) PDM. Utilities. Emergency Electric Backup Generator. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Stratford, CT........ Town of Stratford............ Flood Protection Measures for 4,135,622 DeLauro PDM. Stratford Water Pollution Control Facility. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Bonita Springs , FL.. City of Bonita Springs....... City of Bonita Springs Water 5,000,000 Donalds PDM. Acquisition. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Houston, TX.......... Harris County Flood Control Poor Farm Ditch Conveyance 9,886,000 Fletcher PDM. District. Improvements. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Houston, TX.......... City of Southside Place...... Auden Street Drainage Improvement. 741,450 Fletcher PDM. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Sierra Blanca, TX.... Hudspeth County.............. Hudspeth County Flood Mitigation 375,000 Gonzales, Tony PDM. Planning Project. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Houston, TX.......... Harris County Flood Control Channel Conveyance Improvements to 9,886,000 Green (TX) PDM. District. C147-00-00. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Burgin, KY........... City of Burgin............... Burgin Pre-Disaster Mitigation 562,500 Guthrie PDM. Project. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Lebanon Junction, KY. City of Lebanon Junction..... Lebanon Junction Pre-Disaster 675,000 Guthrie PDM. Mitigation Project. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Cedar Rapids, IA..... The City of Cedar Rapids..... 5th Avenue Gatewell and Pump 1,725,000 Hinson PDM. Station Flood Mitigation Project. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Seattle, WA.......... City of Seattle, Seattle Seattle Center Shelter Facilities 3,558,960 Jayapal PDM. Center Department. Sustainable Emergency Power. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Williamsport, PA..... City of Williamsport......... The Greater Williamsport Flood 8,000,000 Keller PDM. Control Project. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Aberdeen, WA......... City of Aberdeen............. Aberdeen-Hoquiam Flood Protection 4,943,000 Kilmer PDM. Project. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Weymouth, MA......... Town of Weymouth............. Wessagusset Beach Project......... 4,906,059 Lynch PDM. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Hull, MA............. Town of Hull................. Nantasket Ave Seawall Replacement. 4,943,000 Lynch PDM. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Hillsborough, NJ..... Township of Hillsborough..... Green Hills Development Swale 320,482 Malinowski PDM. Improvements. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Sacramento, CA....... City of Sacramento........... Pannell Community Center 1,977,200 Matsui PDM. Resilience Hub. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Oakley, CA........... Diablo Water District........ Water Reservoir Seismic Retrofit.. 1,482,900 McNerney PDM. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Bloomsburg, PA....... Columbia County.............. Flood Control Projects for 1,725,000 Meuser PDM. Columbia County. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Davenport, IA........ City of Davenport............ Flood Mitigation at River Drive 1,265,625 Miller-Meeks PDM. and Marquette Street. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Estes Park, CO....... Town of Estes Park........... Town of Estes Park Wildfire 785,937 Neguse PDM. Mitigation. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Palos Hills, IL...... City of Palos Hills.......... Roberts Road Drainage Improvements 3,558,960 Newman PDM. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Flagstaff, AZ........ City of Flagstaff............ Museum Post-Fire Flood Mitigation, 1,482,900 O'Halleran PDM. Property Acquisitions. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Taylor , AZ.......... Silver Creek Flood Control Millet Swale...................... 2,224,350 O'Halleran PDM. District. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Atlantic Highlands, Borough of Atlantic Highlands Atlantic Highlands Municipal 2,113,133 Pallone PDM. NJ. Harbor Bulkhead Repairs. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Towson, MD........... Baltimore County Executive's Pre-Disaster Mitigation in Turner 1,482,900 Ruppersberger PDM. Office. Station. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Norwalk , CA......... City of Norwalk.............. Emergency Generators for Community 976,962 Sanchez PDM. Resiliency. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Annapolis, MD........ City of Annapolis............ City Dock Resilience and 3,460,100 Sarbanes PDM. Revitalization Project. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Prospect Heights, IL. City of Prospect Heights..... River Trails Stormwater Project... 2,417,127 Schakowsky PDM. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Clanton, AL.......... Alabama Emergency Management Hale County Storm Shelters........ 511,601 Sewell PDM. Agency. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Belmont, CA.......... City of Belmont.............. Cities of Belmont and San Bruno 494,300 Speier PDM. Wildfire Prevention Project. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Los Altos, CA........ Midpeninsula Regional Open Midpeninsula Open Space Wildland 741,450 Speier PDM. Space District. Fire Resiliency Project. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Foster City, CA...... City of Foster City.......... Levee Protection Planning and 988,600 Speier PDM. Improvements Project (CIP 301- 657). -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Woodside, CA......... San Mateo County............. Filoli Wildfire Mitigation Project 494,300 Speier PDM. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Wayne, MI............ Wayne County................. Rehabilitation and Upgrade of Pump 741,450 Tlaib PDM. Station 182. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- North Wildwood NJ, NJ City of North Wildwood....... North Wildwood Sea Wall........... 10,000,000 Van Drew PDM. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- New Brunswick, NJ.... County of Middlesex.......... Southern Middlesex County Flood 1,112,175 Watson Coleman PDM. Mitigation and Resilience Project. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Galveston, TX........ City of Galveston............ Galveston 59th Street Water 10,000,000 Weber (TX) PDM. Storage Tank. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Galveston, TX........ City of Galveston............ Galveston Causeway Waterline 10,000,000 Weber (TX) PDM. Project. -------------------------------------------------------------------------------------------------------------------------------------------------------- FEMA Federal Assistance-- Port Jefferson, NY... Village of Port Jefferson.... East Beach Stabilization.......... 3,750,000 Zeldin PDM. -------------------------------------------------------------------------------------------------------------------------------------------------------- Compliance With Rule XIII, Cl. 3(e) (Ramseyer Rule) In compliance with clause 3(e) of rule XIII of the Rules of the House of Representatives, changes in existing law made by the bill, as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, existing law in which no change is proposed is shown in roman): CONSOLIDATED APPROPRIATIONS ACT, 2019 (Public Law 116-6) * * * * * * * DIVISION A--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2019 * * * * * * * Sec. 225. (a) Subject to the provisions of this section, the Administrator of the Transportation Security Administration (hereafter in this section referred to as ``the Administrator'') may conduct a pilot program to provide screening services outside of an existing primary passenger terminal screening area where screening services are currently provided or would be eligible to be provided under the Transportation Security Administration's annually appropriated passenger screening program as a primary passenger terminal screening area. (b) Any request for screening services under subsection (a) shall be initiated only at the request of a public or private entity regulated by the Transportation Security Administration; shall be made in writing to the Administrator; and may only be submitted to the Transportation Security Administration after consultation with the relevant local airport authority. (c) The Administrator may provide the requested screening services under subsection (a) if the Administrator provides a certification to the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives, and the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate that implementation of subsection (a) does not reduce the security or efficiency of screening services already provided in primary passenger terminals at any impacted airports. (d) No screening services may be provided under subsection (a) unless the requesting entity agrees in writing to the scope of the screening services to be provided, and agrees to compensate the Transportation Security Administration for all reasonable personnel and non-personnel costs, including overtime, of providing the screening services. (e) The authority available under this section is effective for fiscal years 2019 through [2023] 2025 and may be utilized at not more than eight locations for transportation security purposes. (f) Notwithstanding any other provision of law, an airport authority, air carrier, or other requesting entity shall not be liable for any claims for damages filed in State or Federal court (including a claim for compensatory, punitive, contributory, or indemnity damages) relating to-- (1) an airport authority's or other entity's decision to request that the Transportation Security Administration provide passenger screening services outside of a primary passenger terminal screening area; or (2) any act of negligence, gross negligence, or intentional wrongdoing by employees of the Transportation Security Administration providing passenger and property security screening services at a pilot program screening location. (g) Notwithstanding any other provision of law, any compensation received by the Transportation Security Administration under subsection (d) shall be credited to the account used to finance the provision of reimbursable security screening services under subsection (a). (h) The Administrator shall submit to the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives, and the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate-- (1) an implementation plan for the pilot programs under subsection (a), including the application process, that is due by 90 days after the date of enactment of this Act; (2) an evaluation plan for the pilot programs; and (3) annual performance reports, by not later than 60 days after the end of each fiscal year in which the pilot programs are in operation, including-- (A) the amount of reimbursement received by the Transportation Security Administration from each entity in the pilot program for the preceding fiscal year, delineated by personnel and non-personnel costs; (B) an analysis of the results of the pilot programs corresponding to the evaluation plan required under paragraph (2); (C) any Transportation Security Administration staffing changes created at the primary passenger screening checkpoints and baggage screening as a result of the pilot program; and (D) any other unintended consequences created by the pilot program. (i) Except as otherwise provided in this section, nothing in this section may be construed as affecting in any manner the responsibilities, duties, or authorities of the Transportation Security Administration. (j) For the purposes of this section, the term ``airport'' means a commercial service airport as defined by section 47107(7) of title 49 United States Code. (k) For the purposes of this section, the term ``screening services'' means the screening of passengers, flight crews, and their carry-on baggage and personal articles, and may include checked baggage screening if that type of screening is performed at an offsite location that is not part of a passenger terminal of a commercial airport. (l) For the purpose of this section, the term ``primary passenger terminal screening area'' means the security checkpoints relied upon by airports as the principal points of entry to a sterile area of an airport. ---------- IMMIGRATION AND NATIONALITY ACT * * * * * * * TITLE II--IMMIGRATION Chapter 1--Selection System * * * * * * * Sec. 201. (a) In General.--Exclusive of aliens described in subsection (b), aliens born in a foreign state or dependent area who may be issued immigrant visas or who may otherwise acquire the status of an alien lawfully admitted to the United States for permanent residence are limited to-- (1) family-sponsored immigrants described in section 203(a) (or who are admitted under section 211(a) on the basis of a prior issuance of a visa to their accompanying parent under section 203(a)) in a number not to exceed in any fiscal year the number specified in subsection (c) for that year, and not to exceed in any of the first 3 quarters of any fiscal year 27 percent of the worldwide level under such subsection for all of such fiscal year; (2) employment-based immigrants described in section 203(b) (or who are admitted under section 211(a) on the basis of a prior issuance of a visa to their accompanying parent under section 203(b)), in a number not to exceed in any fiscal year the number specified in subsection (d) for that year, and not to exceed in any of the first 3 quarters of any fiscal year 27 percent of the worldwide level under such subsection for all of such fiscal year; and (3) for fiscal years beginning with fiscal year 1995, diversity immigrants described in section 203(c) (or who are admitted under section 211(a) on the basis of a prior issuance of a visa to their accompanying parent under section 203(c)) in a number not to exceed in any fiscal year the number specified in subsection (e) for that year, and not to exceed in any of the first 3 quarters of any fiscal year 27 percent of the worldwide level under such subsection for all of such fiscal year. (b) Aliens Not Subject to Direct Numerical Limitations.-- Aliens described in this subsection, who are not subject to the worldwide levels or numerical limitations of subsection (a), are as follows: (1)(A) Special immigrants described in subparagraph (A) or (B) of section 101(a)(27). (B) Aliens who are admitted under section 207 or whose status is adjusted under section 209. (C) Aliens whose status is adjusted to permanent residence under section 210 or 245A. (D) Aliens whose removal is cancelled under section 240A(a). (E) Aliens provided permanent resident status under section 249. (2)(A)(i) Immediate relatives.--For purposes of this subsection, the term ``immediate relatives'' means the children, spouses, and parents of a citizen of the United States, except that, in the case of parents, such citizens shall be at least 21 years of age. In the case of an alien who was the spouse of a citizen of the United States and was not legally separated from the citizen at the time of the citizen's death, the alien (and each child of the alien) shall be considered, for purposes of this subsection, to remain an immediate relative after the date of the citizen's death but only if the spouse files a petition under section 204(a)(1)(A)(ii) within 2 years after such date and only until the date the spouse remarries. For purposes of this clause, an alien who has filed a petition under clause (iii) or (iv) of section 204(a)(1)(A) of this Act remains an immediate relative in the event that the United States citizen spouse or parent loses United States citizenship on account of the abuse. (ii) Aliens admitted under section 211(a) on the basis of a prior issuance of a visa to their accompanying parent who is such an immediate relative. (B) Aliens born to an alien lawfully admitted for permanent residence during a temporary visit abroad. [(c) Worldwide Level of Family-Sponsored Immigrants.--(1)(A) The worldwide level of family-sponsored immigrants under this subsection for a fiscal year is, subject to subparagraph (B), equal to-- [(i) 480,000, minus [(ii) the sum of the number computed under paragraph (2) and the number computed under paragraph (4), plus [(iii) the number (if any) computed under paragraph (3). [(B)(i) For each of fiscal years 1992, 1993, and 1994, 465,000 shall be substituted for 480,000 in subparagraph (A)(i). [(ii) In no case shall the number computed under subparagraph (A) be less than 226,000. [(2) The number computed under this paragraph for a fiscal year is the sum of the number of aliens described in subparagraphs (A) and (B) of subsection (b)(2) who were issued immigrant visas or who otherwise acquired the status of aliens lawfully admitted to the United States for permanent residence in the previous fiscal year. [(3)(A) The number computed under this paragraph for fiscal year 1992 is zero. [(B) The number computed under this paragraph for fiscal year 1993 is the difference (if any) between the worldwide level established under paragraph (1) for the previous fiscal year and the number of visas issued under section 203(a) during that fiscal year. [(C) The number computed under this paragraph for a subsequent fiscal year is the difference (if any) between the maximum number of visas which may be issued under section 203(b) (relating to employment-based immigrants) during the previous fiscal year and the number of visas issued under that section during that year. [(4) The number computed under this paragraph for a fiscal year (beginning with fiscal year 1999) is the number of aliens who were paroled into the United States under section 212(d)(5) in the second preceding fiscal year-- [(A) who did not depart from the United States (without advance parole) within 365 days; and [(B) who (i) did not acquire the status of aliens lawfully admitted to the United States for permanent residence in the two preceding fiscal years, or (ii) acquired such status in such years under a provision of law (other than section 201(b)) which exempts such adjustment from the numerical limitation on the worldwide level of immigration under this section. [(5) If any alien described in paragraph (4) (other than an alien described in paragraph (4)(B)(ii)) is subsequently admitted as an alien lawfully admitted for permanent residence, such alien shall not again be considered for purposes of paragraph (1). [(d) Worldwide Level of Employment-Based Immigrants.--(1) The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to-- [(A) 140,000, plus [(B) the number computed under paragraph (2). [(2)(A) The number computed under this paragraph for fiscal year 1992 is zero. [(B) The number computed under this paragraph for fiscal year 1993 is the difference (if any) between the worldwide level established under paragraph (1) for the previous fiscal year and the number of visas issued under section 203(b) during that fiscal year. [(C) The number computed under this paragraph for a subsequent fiscal year is the difference (if any) between the maximum number of visas which may be issued under section 203(a) (relating to family-sponsored immigrants) during the previous fiscal year and the number of visas issued under that section during that year.] (c) Worldwide Level of Family-Sponsored Immigrants.--The worldwide level of family-sponsored immigrants under this subsection for a fiscal year is equal to-- (1) 226,000, plus (2) the difference (if any) between the maximum number of visas which may be issued under section 203(a) (relating to family-sponsored immigrants) during the previous fiscal year and the number of aliens who were issued immigrant visas or who otherwise acquired the status of aliens lawfully admitted to the United States for permanent residence under that section during that year. (d) Worldwide Level of Employment-Based Immigrants.--The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to-- (1) 140,000, plus (2) the difference (if any) between the maximum number of visas which may be issued under section 203(b) (relating to employment-based immigrants) during the previous fiscal year and the number of aliens who were issued immigrant visas or who otherwise acquired the status of aliens lawfully admitted to the United States for permanent residence under that section during that year. (e) Worldwide Level of Diversity Immigrants.--The worldwide level of diversity immigrants is equal to 55,000 for each fiscal year. (f) Rules for Determining Whether Certain Aliens Are Immediate Relatives.-- (1) Age on petition filing date.--Except as provided in paragraphs (2) and (3), for purposes of subsection (b)(2)(A)(i), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using the age of the alien on the date on which the petition is filed with the Attorney General under section 204 to classify the alien as an immediate relative under subsection (b)(2)(A)(i). (2) Age on parent's naturalization date.--In the case of a petition under section 204 initially filed for an alien child's classification as a family-sponsored immigrant under section 203(a)(2)(A), based on the child's parent being lawfully admitted for permanent residence, if the petition is later converted, due to the naturalization of the parent, to a petition to classify the alien as an immediate relative under subsection (b)(2)(A)(i), the determination described in paragraph (1) shall be made using the age of the alien on the date of the parent's naturalization. (3) Age on marriage termination date.--In the case of a petition under section 204 initially filed for an alien's classification as a family-sponsored immigrant under section 203(a)(3), based on the alien's being a married son or daughter of a citizen, if the petition is later converted, due to the legal termination of the alien's marriage, to a petition to classify the alien as an immediate relative under subsection (b)(2)(A)(i) or as an unmarried son or daughter of a citizen under section 203(a)(1), the determination described in paragraph (1) shall be made using the age of the alien on the date of the termination of the marriage. (4) Application to self-petitions.--Paragraphs (1) through (3) shall apply to self-petitioners and derivatives of self-petitioners. * * * * * * * ---------- ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT * * * * * * * TITLE II--DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE * * * * * * * SEC. 205. GRANTS TO ENTITIES FOR ESTABLISHMENT OF HAZARD MITIGATION REVOLVING LOAN FUNDS. (a) General Authority.-- (1) In general.--The Administrator may enter into agreements with eligible entities to make capitalization grants to such entities for the establishment of hazard mitigation revolving loan funds (referred to in this section as ``entity loan funds'') for providing funding assistance to local governments to carry out eligible projects under this section to reduce disaster risks for homeowners, businesses, nonprofit organizations, and communities in order to decrease-- (A) the loss of life and property; (B) the cost of insurance; and (C) Federal disaster payments. (2) Agreements.--Any agreement entered into under this section shall require the participating entity to-- (A) comply with the requirements of this section; and (B) use accounting, audit, and fiscal procedures conforming to generally accepted accounting standards. (b) Application.-- (1) In general.--To be eligible to receive a capitalization grant under this section, an eligible entity shall submit to the Administrator an application that includes the following: (A) Project proposals comprised of local government hazard mitigation projects, on the condition that the entity provides public notice not less than 6 weeks prior to the submission of an application. (B) An assessment of recurring major disaster vulnerabilities impacting the entity that demonstrates a risk to life and property. (C) A description of how the hazard mitigation plan of the entity has or has not taken the vulnerabilities described in subparagraph (B) into account. (D) A description about how the projects described in subparagraph (A) could conform with the hazard mitigation plan of the entity and of the unit of local government. (E) A proposal of the systematic and regional approach to achieve resilience in a vulnerable area, including impacts to river basins, river corridors, watersheds, estuaries, bays, coastal regions, micro-basins, micro-watersheds, ecosystems, and areas at risk of earthquakes, tsunamis, droughts, severe storms, and wildfires, including the wildland-urban interface. (2) Technical assistance.--The Administrator shall provide technical assistance to eligible entities for applications under this section. (c) Entity Loan Fund.-- (1) Establishment of fund.--An entity that receives a capitalization grant under this section shall establish an entity loan fund that complies with the requirements of this subsection. (2) Fund management.--Except as provided in paragraph (3), entity loan funds shall-- (A) be administered by the agency responsible for emergency management; and (B) include only-- (i) funds provided by a capitalization grant under this section; (ii) repayments of loans under this section to the entity loan fund; and (iii) interest earned on amounts in the entity loan fund. (3) Administration.--A participating entity may combine the financial administration of the entity loan fund of such entity with the financial administration of any other revolving fund established by such entity if the Administrator determines that-- (A) the capitalization grant, entity share, repayments of loans, and interest earned on amounts in the entity loan fund are accounted for separately from other amounts in the revolving fund; and (B) the authority to establish assistance priorities and carry out oversight activities remains in the control of the entity agency responsible for emergency management. (4) Entity share of funds.-- (A) In general.--On or before the date on which a participating entity receives a capitalization grant under this section, the entity shall deposit into the entity loan fund of such entity, an amount equal to not less than 10 percent of the amount of the capitalization grant. (B) Reduced grant.--If, with respect to a capitalization grant under this section, a participating entity deposits in the entity loan fund of the entity an amount that is less than 10 percent of the total amount of the capitalization grant that the participating entity would otherwise receive, the Administrator shall reduce the amount of the capitalization grant received by the entity to the amount that is 10 times the amount so deposited. (d) Apportionment.-- (1) In general.--Except as otherwise provided by this subsection, the Administrator shall apportion funds made available to carry out this section to entities that have entered into an agreement under subsection (a)(2) in amounts as determined by the Administrator. (2) Reservation of funds.--The Administrator shall reserve not more than 2.5 percent of the amount made available to carry out this section for the Federal Emergency Management Agency for-- (A) administrative costs incurred in carrying out this section; and (B) providing technical assistance to participating entities under subsection (b)(2)[; and]. [(C) capitalization grants to insular areas under paragraph (4). ] (3) Priority.--In the apportionment of capitalization grants under this subsection, the Administrator shall give priority to entity applications under subsection (b) that-- (A) propose projects increasing resilience and reducing risk of harm to natural and built infrastructure; (B) involve a partnership between two or more eligible entities to carry out a project or similar projects; (C) take into account regional impacts of hazards on river basins, river corridors, micro-watersheds, macro-watersheds, estuaries, lakes, bays, and coastal regions and areas at risk of earthquakes, tsunamis, droughts, severe storms, and wildfires, including the wildland- urban interface; or (D) propose projects for the resilience of major economic sectors or critical national infrastructure, including ports, global commodity supply chain assets (located within an entity or within the jurisdiction of [local governments, insular areas, and Indian tribal governments] local governments and Tribal governments), power and water production and distribution centers, and bridges and waterways essential to interstate commerce. [(4) Insular areas.-- [(A) Apportionment.--From any amount remaining of funds reserved under paragraph (2), the Administrator may enter into agreements to provide capitalization grants to insular areas. [(B) Requirements.--An insular area receiving a capitalization grant under this section shall comply with the requirements of this section as applied to participating entities.] (e) Environmental Review of Revolving Loan Fund Projects.-- The Administrator may delegate to a participating entity all of the responsibilities for environmental review, decision making, and action pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and other applicable Federal environmental laws including the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and the National Historic Preservation Act of 1966 (54 U.S.C. 300101 et seq.) that would apply to the Administrator were the Administrator to undertake projects under this section as Federal projects so long as the participating entity carries out such responsibilities in the same manner and subject to the same requirements as if the Administrator carried out such responsibilities. (f) Use of Funds.-- (1) Types of assistance.--Amounts deposited in an entity loan fund, including loan repayments and interest earned on such amounts, may be used-- (A) to make loans, on the condition that-- (i) such loans are made at an interest rate of not more than 1 percent; (ii) annual principal and interest payments will commence not later than 1 year after completion of any project and all loans made under this subparagraph will be fully amortized-- (I) not later than 20 years after the date on which the project is completed; or (II) for projects in a low- income geographic area, not later than 30 years after the date on which the project is completed and not longer than the expected design life of the project; (iii) the loan recipient of a loan under this subparagraph establishes a dedicated source of revenue for repayment of the loan; (iv) the loan recipient of a loan under this subparagraph has a hazard mitigation plan that has been approved by the Administrator; and (v) the entity loan fund will be credited with all payments of principal and interest on all loans made under this subparagraph; (B) for mitigation efforts, in addition to mitigation planning under section 322 not to exceed 10 percent of the capitalization grants made to the participating entity in a fiscal year; (C) for the reasonable costs of administering the fund and conducting activities under this section, except that such amounts shall not exceed $100,000 per year, 2 percent of the capitalization grants made to the participating entity in a fiscal year, or 1 percent of the value of the entity loan fund, whichever amount is greatest, plus the amount of any fees collected by the entity for such purpose regardless of the source; and (D) to earn interest on the entity loan fund. (2) Prohibition on determination that loan is a duplication.--In carrying out this section, the Administrator may not determine that a loan is a duplication of assistance or programs under this Act. (3) Projects and activities eligible for assistance.--Except as provided in this subsection, a participating entity may use funds in the entity loan fund to provide financial assistance for projects or activities that mitigate the impacts of natural hazards including-- (A) drought and prolonged episodes of intense heat; (B) severe storms, including hurricanes, tornados, wind storms, cyclones, and severe winter storms; (C) wildfires; (D) earthquakes; (E) flooding, including the construction, repair, or replacement of a non-Federal levee or other flood control structure, provided that the Administrator, in consultation with the Army Corps of Engineers (if appropriate), requires an eligible entity to determine that such levee or structure is designed, constructed, and maintained in accordance with sound engineering practices and standards equivalent to the purpose for which such levee or structure is intended; (F) shoreline erosion; (G) high water levels; and (H) storm surges. (4) Zoning and land use planning changes.--A participating entity may use not more than 10 percent of a capitalization grant under this section to enable units of local government to implement zoning and land use planning changes focused on-- (A) the development and improvement of zoning and land use codes that incentivize and encourage low-impact development, resilient wildland-urban interface land management and development, natural infrastructure, green stormwater management, conservation areas adjacent to floodplains, implementation of watershed or greenway master plans, and reconnection of floodplains; (B) the study and creation of agricultural risk compensation districts where there is a desire to remove or set-back levees protecting highly developed agricultural land to mitigate for flooding, allowing agricultural producers to receive compensation for assuming greater flood risk that would alleviate flood exposure to population centers and areas with critical national infrastructure; (C) the study and creation of land use incentives that reward developers for greater reliance on low impact development stormwater best management practices, exchange density increases for increased open space and improvement of neighborhood catch basins to mitigate urban flooding, reward developers for including and augmenting natural infrastructure adjacent to and around building projects without reliance on increased sprawl, and reward developers for addressing wildfire ignition; and (D) the study and creation of an erosion response plan that accommodates river, lake, forest, plains, and ocean shoreline retreating or bluff stabilization due to increased flooding and disaster impacts. (5) Establishing and carrying out building code enforcement.--A participating entity may use capitalization grants under this section to enable units of local government to establish and carry out the latest published editions of relevant building codes, specifications, and standards for the purpose of protecting the health, safety, and general welfare of the building's users against disasters and natural hazards. (6) Administrative and technical costs.--For each fiscal year, a participating entity may use the amount described in paragraph (1)(C) to-- (A) pay the reasonable costs of administering the programs under this section, including the cost of establishing an entity loan fund; and (B) provide technical assistance to recipients of financial assistance from the entity loan fund, on the condition that such technical assistance does not exceed 5 percent of the capitalization grant made to such entity. (7) Limitation for single projects.--A participating entity may not provide an amount equal to or more than $5,000,000 to a single hazard mitigation project. (8) Requirements.--For fiscal year 2022 and each fiscal year thereafter, the requirements of subchapter IV of chapter 31 of title 40, United States Code, shall apply to the construction of projects carried out in whole or in part with assistance made available by an entity loan fund authorized by this section. (g) Intended Use Plans.-- (1) In general.--After providing for public comment and review, and consultation with appropriate government agencies of the State or Indian tribal government, Federal agencies, and interest groups, each participating entity shall annually prepare and submit to the Administrator a plan identifying the intended uses of the entity loan fund. (2) Contents of plan.--An entity intended use plan prepared under paragraph (1) shall include-- (A) the integration of entity planning efforts, including entity hazard mitigation plans and other programs and initiatives relating to mitigation of major disasters carried out by such entity; (B) an explanation of the mitigation and resiliency benefits the entity intends to achieve by-- (i) reducing future damage and loss associated with hazards; (ii) reducing the number of severe repetitive loss structures and repetitive loss structures in the entity; (iii) decreasing the number of insurance claims in the entity from injuries resulting from major disasters or other natural hazards; and (iv) increasing the rating under the community rating system under section 1315(b) of the National Flood Insurance Act of 1968 (42 U.S.C. 4022(b)) for communities in the entity; (C) information on the availability of, and application process for, financial assistance from the entity loan fund of such entity; (D) the criteria and methods established for the distribution of funds; (E) the amount of financial assistance that the entity anticipates apportioning; (F) the expected terms of the assistance provided from the entity loan fund; and (G) a description of the financial status of the entity loan fund, including short-term and long-term goals for the fund. (h) Audits, Reports, Publications, and Oversight.-- (1) Biennial entity audit and report.--Beginning not later than the last day of the second fiscal year after the receipt of payments under this section, and biennially thereafter, any participating entity shall-- (A) conduct an audit of the entity loan fund established under subsection (c); and (B) provide to the Administrator a report including-- (i) the result of any such audit; and (ii) a review of the effectiveness of the entity loan fund of the entity with respect to meeting the goals and intended benefits described in the intended use plan submitted by the entity under subsection (g). (2) Publication.--A participating entity shall publish and periodically update information about all projects receiving funding from the entity loan fund of such entity, including-- (A) the location of the project; (B) the type and amount of assistance provided from the entity loan fund; (C) the expected funding schedule; and (D) the anticipated date of completion of the project. (3) Oversight.-- (A) In general.--The Administrator shall, at least every 4 years, conduct reviews and audits as may be determined necessary or appropriate by the Administrator to carry out the objectives of this section and determine the effectiveness of the fund in reducing natural hazard risk. (B) GAO requirements.--A participating entity shall conduct audits under paragraph (1) in accordance with the auditing procedures of the Government Accountability Office, including generally accepted government auditing standards. (C) Recommendations by administrator.--The Administrator may at any time make recommendations for or require specific changes to an entity loan fund in order to improve the effectiveness of the fund. (i) Regulations or Guidance.--The Administrator shall issue such regulations or guidance as are necessary to-- (1) ensure that each participating entity uses funds as efficiently as possible; (2) reduce waste, fraud, and abuse to the maximum extent possible; and (3) require any party that receives funds directly or indirectly under this section, including a participating entity and a recipient of amounts from an entity loan fund, to use procedures with respect to the management of the funds that conform to generally accepted accounting standards. (j) Waiver Authority.--Until such time as the Administrator issues final regulations to implement this section, the Administrator may-- (1) waive notice and comment rulemaking, if the Administrator determines the waiver is necessary to expeditiously implement this section; and (2) provide capitalization grants under this section as a pilot program. (k) Liability Protections.--The Agency shall not be liable for any claim based on the exercise or performance of, or the failure to exercise or perform, a discretionary function or duty by the Agency, or an employee of the Agency in carrying out this section. (l) GAO Report.--Not later than 1 year after the date on which the first entity loan fund is established under subsection (c), the Comptroller General of the United States shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that examines-- (1) the appropriateness of regulations and guidance issued by the Administrator for the program, including any oversight of the program; (2) a description of the number of the entity loan funds established, the projects funded from such entity loan funds, and the extent to which projects funded by the loan funds adhere to any applicable hazard mitigation plans; (3) the effectiveness of the entity loan funds to lower disaster related costs; and (4) recommendations for improving the administration of entity loan funds. (m) Definitions.--In this section, the following definitions apply: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Emergency Management Agency. (2) Agency.--The term ``Agency'' means the Federal Emergency Management Agency. [(3) Eligible entity.--The term ``eligible entity'' means-- [(A) a State; or [(B) an Indian tribal government that has received a major disaster declaration during the 5-year period ending on the date of enactment of the STORM Act.] (3) Eligible entity.--The term ``eligible entity'' means a State or an Indian tribal government that has received a major disaster declaration pursuant to section 401. (4) Hazard mitigation plan.--The term ``hazard mitigation plan'' means a mitigation plan submitted under section 322. [(5) Insular area.--The term ``insular area'' means Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands.] [(6)] (5) Low-income geographic area.--The term ``low-income geographic area'' means an area described in paragraph (1) or (2) of section 301(a) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3161(a)). [(7)] (6) Participating entity.--The term ``participating entity'' means an eligible entity that has entered into an agreement under this section. [(8)] (7) Repetitive loss structure.--The term ``repetitive loss structure'' has the meaning given the term in section 1370 of the National Flood Insurance Act of 1968 (42 U.S.C. 4121). [(9)] (8) Severe repetitive loss structure.--The term ``severe repetitive loss structure'' has the meaning given the term in section 1366(h) of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c(h)). [(10) State.--The term ``State'' means any State of the United States, the District of Columbia, and Puerto Rico.] [(11)] (9) Wildland-urban interface.--The term ``wildland-urban interface'' has the meaning given the term in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511). (n) Authorization of Appropriations.--There are authorized to be appropriated $100,000,000 for each of fiscal years 2022 through 2023 to carry out this section. * * * * * * * Compliance With Rule XIII, Clause 3(f)(1) (Changes in the Application of Existing Law) Pursuant to clause 3(f)(1)(A) of rule XIII of the Rules of the House of Representatives, the Committee has inserted at the appropriate place in the report a description of the effects of provisions proposed in the accompanying bill which may be considered, under certain circumstances, to change the application of existing law, either directly or indirectly. In some instances, the bill provides funding for agencies and activities for which legislation has not yet been finalized. In addition, the bill in some instances carries language permitting the use of funds for activities not authorized by law. Additionally, the Committee includes a number of administrative and general provisions. TITLE I--DEPARTMENTAL MANAGEMENT, INTELLIGENCE, SITUATIONAL AWARENESS, AND OVERSIGHT Office of the Secretary and Executive Management OPERATIONS AND SUPPORT The Committee includes language providing funds for the operations and support of the Office of the Secretary and for the executive management offices, including funds for an Ombudsman for Immigration Detention and for official reception and representation expenses. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS The Committee includes language providing funds, with availability for five years, for procurement, construction, and improvements. FEDERAL ASSISTANCE The Committee includes language providing funds, with availability for two years, for federal assistance, and directs the transfer of such funds to ``FEMA--Federal Assistance''. Management Directorate OPERATIONS AND SUPPORT The Committee includes language providing funds, with availability for two years for certain funds, for operations and support, including funds for official reception and representation expenses. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS The Committee includes language providing funds, with availability for three or five years, for procurement, construction, and improvements. FEDERAL PROTECTIVE SERVICE The Committee includes language making funds available until expended for the operations of the Federal Protective Service. Intelligence, Analysis, and Situational Awareness OPERATIONS AND SUPPORT The Committee includes language providing funds for the Office of Intelligence and Analysis and the Office of Situational Awareness, including funding for official reception and representation expenses and funds for facility needs associated with secure space at fusion centers. The Committee provides two-year availability of funds for certain activities. Office of Inspector General OPERATIONS AND SUPPORT The Committee includes language providing funds for the Office of Inspector General, including certain confidential operational expenses such as the payment of informants. Administrative Provisions Language requiring a report on grants or contracts awarded by means other than full and open competition and requiring the Inspector General to review such grants or contracts and report the results to the Committees. Language requiring the Chief Financial Officer to submit monthly budget and staffing reports. Language requiring the Secretary to link all contracts that provide award fees to successful acquisition outcomes. Language requiring the Secretary to notify the Committees of any proposed transfers from the Department of Treasury Forfeiture Fund to any DHS component. Language related to official costs of the Secretary and Deputy Secretary for official travel. Language requiring the Under Secretary for Management to report on certain acquisition programs. Language requiring certain documentation for pilot and demonstration programs; prohibiting the use of Operations and Support funds for any new pilot or demonstration program unless the Under Secretary for Management provides a related report to the Committee; and requiring the Under Secretary to report on the results of pilots upon their completion. Language providing for the transfer of certain funds to the Office of Inspector General. TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS U.S. Customs and Border Protection OPERATIONS AND SUPPORT (INCLUDING TRANSFER OF FUNDS) The Committee includes language making funds available for operations and support, including funds for the transportation of unaccompanied minor aliens; air and marine assistance to other law enforcement agencies and humanitarian efforts; purchase or lease of vehicles; maintenance, and procurement of marine vessels, aircraft, and unmanned aircraft systems; contracting with individuals for personal services abroad; Harbor Maintenance Fee collections; customs officers; official reception and representation expenses; Customs User Fee collections; payment of rental space in connection with preclearance operations; and compensation of informants. Provides the authority to transfer funds to the Bureau of Indian Affairs and the United States Fish and Wildlife Service and withholds funds pending the submission of a report. The Committee provides two-year availability of funds for certain activities. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS The Committee includes language providing funds for procurement, construction, and improvements, to include procurements to buy, maintain, or operate aircraft and unmanned aircraft systems. The Committee provides three-year and five- year availability of funds for these activities. U.S. Immigration and Customs Enforcement OPERATIONS AND SUPPORT The Committee includes language providing funds for operations and support, including funds for official reception and representation expenses, overseas vetted units, and the operation and maintenance necessary to sustain the daily effectiveness of equipment and facilities. The Committee includes language making funds available for special operations; compensation to informants; the reimbursement of other federal agencies for certain costs; the reimbursement of certain costs associated with Federal, State, local, tribal and territorial law enforcement participation on border enforcement security taskforces; the purchase or lease of vehicles; maintenance, minor construction, and minor improvements of owned and leased facilities; the enforcement of child labor laws; paid apprenticeships for the Human Exploitation Rescue Operations Corps; and the investigation of intellectual property rights violations. The Committee specifies a funding level for enforcement and removal operations (ERO), including the support of joint processing centers and transportation of unaccompanied minor aliens. The Committee also includes language reducing funds provided for Executive Leadership and Oversight. The Committee provides no-year availability of funds for certain activities. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS The Committee includes language providing funds for procurement, construction, renovation, and improvements to include funds for facilities repair and maintenance projects. The Committee provides three-year and five-year availability of funds for these activities. Transportation Security Administration OPERATIONS AND SUPPORT The Committee includes language providing funds for operations and support, including funds for official reception and representation expenses, and establishes conditions under which security fees are collected and credited. The Committee provides two-year availability of funds for these activities. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS The Committee includes language providing funds for procurement, construction, and improvements. The Committee provides three-year availability of funds for these activities. RESEARCH AND DEVELOPMENT The Committee includes language providing funds for research and development. The Committee provides two-year availability of funds for these activities. Coast Guard OPERATIONS AND SUPPORT The Committee includes language providing funds for the operations and support of the Coast Guard, including funds for official reception and representation expenses; passenger motor vehicles; small boats; repairs and service life-replacements; purchase, lease, or improvement of other equipment; special pay allowances; recreation and welfare; environmental compliance and restoration; and defense-related activities. The Committee includes language authorizing funds to be derived from the Oil Spill Liability Trust Fund. The Committee provides two-year, three-year, and five-year availability of funds for certain activities. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS The Committee includes language providing funds for the procurement, construction, and improvements, including of aids to navigation, shore facilities, vessels, and aircraft. The Committee includes language authorizing funds to be derived from the Oil Spill Liability Trust Fund. The Committee provides five-year availability of funds for these purposes. RESEARCH AND DEVELOPMENT The Committee includes language providing funds for research and development, and for maintenance, rehabilitation, lease, and operation of related facilities and equipment. The Committee includes language authorizing funds to be derived from the Oil Spill Liability Trust Fund, and authorizing funds received from state and local governments, other public authorities, private sources, and foreign countries to be credited to this account and used for certain purposes. The Committee provides three-year availability of funds for these purposes. RETIRED PAY The Committee includes language providing funds for retired pay and medical care for the Coast Guard's retired personnel and their dependents and makes these funds available until expended. United States Secret Service OPERATIONS AND SUPPORT The Committee includes language that provides funds for operations and support, to include funds for the purchase and replacement of vehicles; hire of passenger motor vehicles and aircraft; purchase of motorcycles; rental of certain buildings; improvements to buildings as may be necessary for protective missions; firearms matches; presentation of awards; behavioral research; advance payment for commercial accommodations; per diem and subsistence allowances; official reception and representation expenses; grant activities related to missing and exploited children investigations; premium pay, and technical assistance and equipment provided to foreign law enforcement organizations. The Committee provides for two-year availability of funds for certain activities. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS The Committee includes language providing funds for procurement, construction, and improvements. The Committee provides three-year availability of funds for these purposes. RESEARCH AND DEVELOPMENT The Committee includes language providing funds for research and development. The Committee provides two-year availability of funds for these purposes. Administrative Provisions Language regarding overtime compensation. Language allowing CBP to sustain or increase operations in Puerto Rico and the U. S. Virgin Island with appropriated funds. Language regarding the availability of fee revenue collected from certain arriving passengers. Language allowing CBP access to certain reimbursements for preclearance activities. Language regarding the importation of prescription drugs by an individual for personal use. Language regarding waivers of the Jones Act. Language prohibiting DHS from establishing a border crossing fee. Language prohibiting the obligation of funds prior to the submission of an expenditure plan for funds made available for ``U.S. Customs and Border Protection--Procurement, Construction, and Improvements''. Language prohibiting the construction of physical barriers in certain areas. Language allowing for the use of prior year funds for certain activities. Language allowing for the transfer of funds from prior year appropriations to the Departments of Interior and Agriculture. Language removing certain restrictions related to border barrier construction. Language prohibiting the use of funds provided under the heading ``U.S. Immigration and Customs Enforcement--Operations and Support'' for the 287(g) program if the terms of the agreement governing the delegation of authority have been materially violated. Language prohibiting the use of funds provided under the heading ``U.S. Immigration and Customs Enforcement--Operations and Support'' to contract for detention services if the facility receives less than ``adequate'' ratings in two consecutive performance evaluations. Language regarding the reprogramming of funds related to detention. Language that requires ICE to provide statistics about its detention population. Language related to information sharing between ICE and the Office of Refugee Resettlement (ORR) that prohibits ICE from using information for removal purposes if it was provided by as part of a process of sponsoring an unaccompanied alien child or reuniting a child with a family member or if it is based on information gathered in therapy sessions for child while in the care of ORR. Language requiring ICE to provide information and statistics about the 287(g) program. Language requiring the ICE Director to provide monthly budget execution briefings. Language prohibiting Homeland Security Investigations from engaging in certain immigration enforcement activities. Language related to allowances for work performed by individuals in custody. Language clarifying that certain elected and appointed officials are not exempt from federal passenger and baggage screening. Language directing the deployment of explosives detection systems based on risk and other factors. Language authorizing TSA to use funds from the Aviation Security Capital Fund for the procurement and installation of explosives detection systems or for other purposes authorized by law. Language requiring a report from TSA on capital investments, technology investments, and integrated passenger screening technology Language extending the duration of a TSA pilot program on screening outside a primary passenger terminal until 2025. Language prohibiting funds made available by this Act under the heading ``Coast Guard--Operations and Support'' for recreational vessel inspection expenses, except to the extent fees are collected from owners of yachts and credited to this appropriation. Language allowing up to $10,000,000 to be reprogrammed to or from Military Personnel and between the Field Operations funding subcategories within ``Coast Guard--Operations and Support''. Language requiring the Coast Guard to submit a future-years capital investment plan. Language allowing for the reprogramming of Coast Guard operations and support funding certain overseas activities. Language allowing for the use of the Coast Guard Housing Fund. Language related to towing inspection fees. Language allowing the Secret Service to obligate funds in anticipation of reimbursement for personnel receiving training. Language prohibiting funds made available to the Secret Service for the protection of the head of a federal agency other than the Secretary of Homeland Security, except when the Director has entered into a reimbursable agreement for such protection services. Language permitting flexibility in the reprogramming of funds within ``United States Secret Service--Operations and Support''. Language allowing funds made available for ``United States Secret Service--Operations and Support'' to be available for travel of employees on protective missions without regard to limitations on such expenditures in this or any other Act after notification to the Committees on Appropriations. Language concerning the release of removable aliens into the United States. Language related to the processing of aliens under immigration law and the expulsion of migrants using title 42 authority. TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY Cybersecurity and Infrastructure Security Agency OPERATIONS AND SUPPORT The Committee includes language providing funds for operations and support, including funds for official reception and representation expenses. The Committee provides for two- year availability of funds for certain activities. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS The Committee includes language providing funds for procurement, construction, and improvements. The Committee provides three-year and five-year availability of funds for these purposes. RESEARCH AND DEVELOPMENT The Committee includes language providing funds for research and development. The Committee provides two-year availability of funds for these purposes. Federal Emergency Management Agency OPERATIONS AND SUPPORT The Committee includes language providing funds for operations and support, including funds for official reception and representation expenses. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS The Committee includes language providing funds for procurement, construction, and improvements. The Committee provides three- and five-year availability of funds for these purposes. FEDERAL ASSISTANCE The Committee includes language providing funds for grants, contracts, cooperative agreements, and other activities, including for terrorism prevention; nonprofits organizations, public transportation, bus and railroad security; port security; firefighter assistance; emergency management; flood hazard mapping and risk analysis; catastrophic preparedness, warning systems, community projects emergency food and shelter; alternatives to detention case management; education, training, exercises, and technical assistance; and other programs. The Committee provides two-year availability of funds for certain purposes. DISASTER RELIEF FUND The Committee includes language making funds available until expended for the Disaster Relief Fund. NATIONAL FLOOD INSURANCE FUND The Committee includes language making funds available for mission support associated with flood management and programs and activities under the National Flood Insurance Fund, including flood plain management and flood mapping. The Committee includes provisions making funds available for interest on Treasury borrowings and limiting amounts available for operating expenses, commissions and taxes of agents, and flood mitigation activities associated with the National Flood Insurance Act of 1968. The Committee includes language permitting additional fees collected to be credited as an offsetting collection and available for floodplain management; providing that not to exceed four percent of the total appropriation is available for administrative cost; and making funds available for the Flood Insurance Advocate. Administrative Provisions Language making funds available for the administration of grants. Language that excludes the amounts provided for Nonprofit Security Grants from calculations related to state minimum funding amounts under the State Homeland Security Grant Program and the Urban Area Security Initiative. Language specifying timeframes for certain grant applications and awards. Language requiring a five-day advance notification prior to the announcement of certain grant awards under ``Federal Emergency Management Agency--Federal Assistance''. Language authorizing the use of certain grant funds for the installation of communications towers. Language requiring the submission of a monthly Disaster Relief Fund report. Language permitting the FEMA Administrator to grant waivers from specified requirements of section 34 of the Federal Fire Prevention and Control Act of 1974. Language providing for the receipt and expenditure of fees collected for the Radiological Emergency Preparedness Program, as authorized by Public Law 105-276. Language permitting the FEMA Administrator to grant waivers from specified requirements of section 33 of the Federal Fire Prevention and Control Act of 1974. TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES U.S. Citizenship and Immigration Services OPERATIONS AND SUPPORT The Committee includes language making funds available for operations and support for the E-Verify program, application processing, the reduction of backlogs within asylum, field, and service center offices, and for the Refugee, Asylum, and International Operations Programs, including for official reception and representation of funds for certain activities. The Committee includes language making funding available for the implementation of the Deferred Action for Childhood Arrivals Program. FEDERAL ASSISTANCE The Committee includes language making funds available for the Citizenship and Integration Grant Program. Federal Law Enforcement Training Centers OPERATIONS AND SUPPORT The Committee includes language making funds available for operations and support, including for official reception and representation expenses and purchase of police-type vehicles. The Committee provides two-year availability of funds for certain activities. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS The Committee includes language providing funds for procurement, construction, and improvements to include acquisition of necessary additional real property and facilities, construction and ongoing maintenance, facility improvements and related expenses The Committee provides five- year availability of funds for these activities. Science and Technology Directorate OPERATIONS AND SUPPORT The Committee includes language providing funds for operations and support, including the purchase or lease of vehicles and official reception and representation expenses. The Committee provides two-year availability of funds for certain activities. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS The Committee includes language providing funds for procurement, construction, and improvements. The Committee provides five-year availability of funds for these activities. RESEARCH AND DEVELOPMENT The Committee includes language providing funds for research and development. The Committee provides three-year availability of funds for these activities. Countering Weapons of Mass Destruction Office OPERATIONS AND SUPPORT The Committee includes language providing funds for operations and support, including official reception and representation expenses. The Committee provides two-year availability of funds for certain activities. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS The Committee includes language providing funds for procurement, construction, and improvements. The Committee provides three-year availability of funds for these activities. RESEARCH AND DEVELOPMENT The Committee includes language providing funds for research and development. The Committee provides three-year availability of funds for these activities. Federal Assistance The Committee includes language providing funds for federal assistance through grants, contracts, cooperative agreements, and other activities. The Committee provides three-year availability of funds for these activities. Administrative Provisions Language allowing USCIS to acquire, operate, equip, and dispose of up to five vehicles under certain scenarios. Language limiting the use of A-76 competitions by USCIS. Language allowing virtual oversight of the collection and use of biometrics. Language that exempts Special Immigrant Juvenile Status visa from employment-based visa caps. Language concerning unused employment-based and family- based visas. Language concerning the admission of certain individuals who were previously offered visas through the diversity visa lottery. Language making available additional H-2B visas and waiving certain rulemaking requirements to expedite visa approvals. Language concerning the issuance of H-2A visas for agricultural work without regard to whether the work is temporary or seasonal in nature. Language authorizing FLETC to distribute funds to federal law enforcement agencies for incurred training expenses. Language directing the FLETC Accreditation Board to lead the federal law enforcement training accreditation process for measuring and assessing federal law enforcement training programs, facilities, and instructors. Language allowing for the acceptance of funding transfers from other government agencies for the construction of special use facilities. Language classifying FLETC instructor staff as inherently governmental for purposes of the Federal Activities Inventory Reform Act of 1998. TITLE V--GENERAL PROVISIONS Language limiting the availability of appropriations to one year unless otherwise expressly provided. Language providing authority to merge unexpended balances of prior year appropriations with new appropriations accounts for the same purpose. Language limiting reprogramming authority and providing limited transfer authority. Language prohibiting DHS from carrying out certain activities without prior notification by the Under Secretary for Management. Language providing authority regarding the availability and uses of prior year balances for O&S accounts. Language prohibiting funds appropriated or otherwise made available to the Department to make payment to the Working Capital Fund, except for activities and amounts proposed in the President's budget request. Language deeming intelligence activities to be specifically authorized during the fiscal year until the enactment of an Act authorizing intelligence activities for that year and providing the authority to transfer certain funds following a briefing by Management Directorate on the planned use of such transferred funds. Language requiring a specified notification to the Committees at least three days before DHS executes or announces grant allocations; grant awards in excess of $1,000,000; contract awards, including contracts covered by the Federal Acquisition Regulation; other transaction agreements; letters of intent; a task or delivery order on multiple award contracts totaling $4,000,000 or more; a task or delivery order greater than $10,000,000 from multi-year funds; or sole-source grant awards. Language prohibiting all agencies from purchasing, constructing, or leasing additional facilities for federal law enforcement training without advance notification to the Committees. Language prohibiting the use of funds for any construction, repair, alteration, or acquisition project for which a prospectus, if required under chapter 33 of title 40, United States Code, has not been approved. Language prohibiting the use of funds to pay the salary of anyone performing the duties of a contracting officer's representative unless they have received training for those purposes. Language prohibiting the use of funds in contravention of the Buy American Act. Language prohibiting the use of funds to amend the oath of allegiance required by section 337 of the Immigration and Nationality Act. Language prohibiting DHS from using funds to carry out reorganization authority. Language prohibiting the use of funds for planning, testing, piloting, or developing a national identification card. Language prohibiting any official required by this Act to provide a report or make a certification to the Committees from delegating authority to perform such act unless expressly authorized to do so. Language prohibiting the use of funds in this Act from being used for first-class travel. Language prohibiting the use of funds appropriated or otherwise made available in this Act to pay award or incentive fees for contractors with a below satisfactory performance or a performance that fails to meet the basic requirements of the contract. Language requiring that DHS computer systems block electronic access to pornography, except for law enforcement purposes. Language prohibiting the use of funds by federal law enforcement personnel to transfer operable firearms to certain individuals except under certain conditions. Language restricting funds for travel and requiring reporting related to conferences occurring outside of the United States. Language prohibiting funds to reimburse any federal department or agency for its participation in a National Special Security Event. Language requiring a notification, including justification materials, prior to implementing any structural pay reform or introducing any new position classification that affects more than 100 full-time positions or costs more than $5,000,000. Language directing the Department to post reports required by the Committees on a public website unless public posting compromises homeland or national security or contains proprietary information. Language authorizing minor procurement, construction, and improvement activities using Operations and Support appropriations, as specified. Language authorizing DHS to use existing discretionary appropriations for the primary and secondary schooling expense of eligible dependents in areas and territories that meet certain criteria. Language continuing the availability of other transaction authority. Language prohibiting the use of funds to limit access to detention facilities by members of Congress and their designated staff. Language prohibiting the use of funds to use restraints on pregnant detainees in DHS custody except in certain circumstances. Language prohibiting the use of funds for the destruction of records related to detainees in custody and requiring that such records be provided to certain requesting individuals, as specified. Language continuing by reference a prohibition on the use of funds for a Principal Federal Official during a declared disaster or emergency under the Stafford Act, with certain exceptions. Language requiring the Under Secretary for Management to submit a component-level report on unfunded priorities for which appropriated funds would be classified as budget function 050. Language requiring notifications when the President designates a former or retired federal official or employee for protection and requiring reporting on the costs of such protection. Language requiring notifications and reporting on DHS submissions of proposals to the Technology Modernization Fund. Language appropriating an additional amount for border management requirements, to be allocated at the discretion of the Secretary, and requiring a briefing on the planned use of the funds by the Under Secretary for Management. Language that prohibits the denial of any benefit application for admission or protection solely based on grounds related to cannabis. Language concerning procurement contracts, memoranda of understanding, and cooperative agreements with, or grants to or the provision of loans or loan guarantees to certain entities. Language making U.S. territories eligible for assistance under Section 205 of the Stafford Act (42 U.S.C. 5135). Language rescinding and reappropriating funding for a Community Project Funding item from the Department of Homeland Security Appropriations Act, 2022, that could not be executed due to a technical error. Language rescinding unobligated balances from specified sources. APPROPRIATIONS NOT AUTHORIZED BY LAW Pursuant to clause 3(f)(1) of rule XIII of the House of Representatives, the following table lists the appropriations in the accompanying bill that are not authorized by law: FY 2023 SCHEDULE OF UNAUTHORIZED APPROPRIATIONS [Gross Discretionary--Dollars in thousands] -------------------------------------------------------------------------------------------------------------------------------------------------------- Last Year of Appropriation in Last Year Appropriations in Agency/Program Authorization Authorized Level of Authorization this bill -------------------------------------------------------------------------------------------------------------------------------------------------------- Customs and Border Protection, Operations and Support.... \1\2004 \2\$3,083,259 \3\$4,396,750 \4\$14,690,501 Customs and Border Protection, International Cargo \5\2010 153,300 162,000 \6\3,719,0945 Screening............................................... Customs and Border Protection, Customs-Trade Partnership \7\2010/2012 75,600/ \8\62,612/ \9\3,575,708 Against Terrorism (C-TPAT).............................. 21,000 44,979 Customs and Border Protection, Automated Targeting \10\2010 37,485 34,560 \11\251,993 Systems................................................. Customs and Border Protection, Automated Commercial \12\2018 153,736 N/A \13\383,116 Environment............................................. Customs and Border Protection, Air and Marine \14\2004 175,000 240,200 \15\377,132 Interdiction, Operations, Maintenance, and Procurement.. Immigration and Customs Enforcement, Operations and \16\2003/ 4,131,811/ \18\3,032,094/ \20\8,298,567 Support................................................. \17\2004 1,399,592 \19\N/A Immigration and Customs Enforcement, Procurement, \16\2003 N/A 693,969 97,762 Construction, and Improvements.......................... Transportation Security Administration, Operations and \21\2020 7,888,494 N/A \22\9,240,363 Support................................................. Transportation Security Administration, EDS/ETD Systems.. \23\2007 400,000 110,100 \24\141,689 Transportation Security Administration, Surface \25\2020 Such sums 169,513 176,798 Transportation Security, National Explosives Detection Canine Team Program..................................... Transportation Security Administration, Transportation \26\2005 Such sums \27\115,000 \28\131,349 Threat Assessment and Credentialing..................... Transportation Security Administration, Federal Air \29\2007 83,000 764,643 \30\838,573 Marshal Service......................................... Transportation Security Administration Law Enforcement \31\2020 55,000 46,392 \32\46,138 Officer Reimbursement Program........................... United States Coast Guard, Operations and Support........ \33\2021 8,396,169 8,485,146 9,751,469 United States Coast Guard, Procurement, Construction, and \32\2021 3,312,114 2,264,041 2,301,050 Improvements............................................ United States Coast Guard, Research and Development...... \32\2021 14,111 10,276 7,746 Cybersecurity and Infrastructure Security Agency, \34\2012 Such sums \35\888,243 \36\2,761,618 Operations and Support.................................. CISA, Cyber Response and Recovery Fund................... \37\2012 100,000 20,000 \38\N/A FEMA, Salaries and Expenses.............................. \39\2010 375,342 797,650 \40\1,414,461 FEMA, Integrated Public Alert and Warning System (IPAWS). \41\2018 Such sums N/A 43,226 FEMA, State and Local Programs Port Security Grants...... \42\2013 400,000 250,000 100,000 Public Transportation Security Grants................ \43\2011 1,108,000 250,000 105,000 Amtrak Security.................................. \44\2011 175,000 20,000 10,000 Over the Road Bus Security....................... \45\2011 25,000 5,000 2,000 National Domestic Preparedness Consortium............ \46\2011 153,000 1N/A 101,000 Center for Domestic Preparedness......................... \46\2011 66,000 N/A 71,301 FEMA, Urban Search and Rescue Response System............ \47\2008 45,000 36,700 37,832 FEMA, Emergency Management Performance Grants............ \48\2022 950,000 355,000 370,000 FEMA, Emergency Food and Shelter......................... \49\1994 188,000 N/A 280,000 FEMA, State and Local Cybersecurity Grant Program........ \50\2022 1,000,000 200,000 N/A Immigration and Naturalization Service, Citizenship and \51\2002 631,745 \52\631,745 \53\565,272 Benefits, Immigration Support and Program Direction..... -------------------------------------------------------------------------------------------------------------------------------------------------------- \1\P.L. 107-210, Sec. 311. \2\P.L. 107-210 authorized what was formerly U. S. Customs Service (does not include Border Patrol). \3\U.S. Customs Service operations only (does not include Border Patrol). \4\Funding recommended for fiscal year 2023 is for the U.S. Customs and Border Protection, Operations and Support appropriation. This is not a true comparison to the legacy ``Salaries and Expenses'' appropriation. \5\P.L. 109-347, Sec. 205(m). \6\Funding recommended for fiscal year 2023 is for the ``Domestic Operations'' and ``International Operations'' sub-PPAs within the ``Trade and Travel Operations'' PPA. This is not a true comparison to the legacy ``International Cargo Screening'' PPA. \7\P.L. 109 347, Sec. 223(a) authorized operations for fiscal year 2010 and personnel through fiscal year 2012. \8\Funding provided for fiscal year 2010 and for fiscal year 2012 include personnel and operations. \9\This is not a true comparison to the legacy ``Customs-Trade Partnership Against Terrorism (C TPAT)'' PPA. These funds have been realigned to the ``Domestic Operations'' sub-PPA within the ``Trade and Travel Operations'' PPA. \10\P.L. 109 347, Sec. 203(g). \11\This is not a true comparison to the legacy ``Automated Targeting Systems'' PPA. These funds have been realigned to the ``Targeting Operations'' sub- PPA within the ``Trade and Travel Operations'' PPA. \12\P.L. 114 125, Sec. 106 requires that funding shall not be less than this amount. \13\This is not a true comparison to the legacy ``Automated Commercial Environment'' PPA; however, the preponderance of these funds were realigned into the ``Office of Trade'' sub-PPA within the ``Trade and Travel Operations'' PPA. \14\P.L. 107 210, Sec. 311. \15\These funds have been realigned to the ``Air and Marine Operations'' sub-PPA that exists both within the ``Integrated Operations'' PPAs. \16\Immigration and Naturalization Service--some investigations, and detention and removals only, P.L. 107-273, Sec. 102(12). \17\Customs Service noncommercial operations, P.L. 107-210, Sec. 311(a) (19 U.S.C. 2075(b)(1)). \18\Includes $2,862,094,000 from fiscal year 2003 Immigration and Naturalization Service--Salaries and Expenses, P.L. 108-7, and $170,000,000 included in the fiscal year 2003 Wartime Supplemental Appropriations Act, P.L. 108-11. \19\There was no fiscal year 2004 appropriation for the U.S. Customs Service. \20\Funding recommended for fiscal year 2023 is for U. S. Immigration and Customs Enforcement, Operations and Support. This is not a true comparison to the legacy ``Salaries and Expenses'' appropriation. \21\P.L. 115-254 Sec. 1903 Reauthorized TSA Activities for ``salaries, operations and maintenance'', but did not specifically authorize the current account structure. construction and improvements. \22\Recommended funding is the total for TSA ``Operations and Support'' appropriation. \23\P.L. 108-458, Sec. 4019. \24\These funds have been realigned to the ``Aviation Screening Infrastructure'' PPA within the ``Procurement, Construction, and Improvements'' appropriation and to the ``Research and Development'' appropriation. \25\P.L. 115-254, Sec. 1971. \26\P.L. 107-71, Sec. 101. \27\Includes the Maritime and Land Security PPA and Credentialing Activities PPA. \28\Funding recommended for fiscal year 2023 is for the ``Other Operations and Enforcement, Vetting Programs'' and ``Other Operations and Enforcement, Intelligence and TSOC'' sub-PPAs within the ``Operations and Support'' appropriation, and the ``Infrastructure for Other Operations, Vetting Programs'' sub-PPA within the Procurement, Construction, and Improvements appropriation. \29\P.L. 108-458, Sec. 4016. \30\Funding for the Federal Air Marshals Service is in the ``Other Operations and Enforcement, In-Flight Security'' sub-PPA. The recommended funding level is for that sub-PPA. \31\P.L. 115-254, Sec 1935. \32\Funding for LEO Reimbursement Program is in the ``Other Operations and Enforcement, Aviation Regulation'' sub-PPA. The recommended funding is for the non pay portion of the Law Enforcement and Assessment program. \33\P.L. 116-283, Sec 8001. \34\Critical infrastructure protection, cybersecurity, and other related programs, P.L. 110-53, Sec. 541 (note, the ``National Protection and Programs Directorate'' is now known as the ``Cybersecurity and Infrastructure Security Agency'', as authorized in P.L. 115-278, Sec. 2 (6 U.S.C. 651 et. seq.)). \35\Infrastructure Protection and Information Security activities in P.L. 112-74. \36\Represents funding that would traditionally be categorized as defense that is recommended for the Cybersecurity and Infrastructure Security Agency. \37\P.L. 117-58, Sec. 2234, Infrastructure Investments and Jobs Act, establishes the fund and authorizes and appropriate $20,000,000 for each of fiscal years 2022 2028. P.L. 117-58 also appropriates the full authorized amount for each fiscal year. \38\P.L. 117-58, Sec. 2234, Infrastructure Investments and Jobs Act, establishes the fund and authorizes and appropriate $20,000,000 for each of fiscal years 2022 2028. P.L. 117-58 also appropriates the full authorized amount for each fiscal year. \39\P.L. 109-295, Sec. 699. \40\Funding recommended for fiscal year 2023 is for Federal Emergency Management Agency, Operations and Support. This is not a true comparison to the legacy ``Salaries and Expenses'' appropriation. \41\P.L. 114-143, Sec. 2(c). \42\P.L. 109-347, Sec. 112. \43\P.L. 110-53. \44\P.L. 110-53, Sec. 1514(d). \45\6 U.S.C. 1182. \46\P.L. 110-53, Sec. 1204, 6 U.S.C. 1102. \47\P.L. 109-295, Sec. 634 , 6 U.S.C. 722. \48\P.L. 110-53, Sec. 201, 6 U.S.C. 763. \49\P.L. 102-550, Sec. 1431. \50\P.L. 117-58, Sec. 70612, the Infrastructure Investments and Jobs Act, establishes the grant program and authorizes $200,000,000 for fiscal year 2022, $400,000,000 for fiscal year 2023, $300,000,000 for fiscal year 2024, and $100,000,000 for fiscal year 2025. P.L. 117-58 also appropriates the full authorized amount for each fiscal year. \51\P.L. 107-273, Div. A., Sec. 101(12)(B), ``for salaries and expenses of citizenship and benefits''. \52\P.L. 107-77, see also, H. Rept. 107 278 (the accompanying conference report). \53\Represents funding for Application Processing and for the Citizenship and Integration Grant Program within discretionary funds for U.S. Citizenship and Immigration Services. This is not a true comparison to the legacy funding. BUDGETARY IMPACT OF THE FY 2023 DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS BILL PREPARED IN CONSULTATION WITH THE CONGRESSIONAL BUDGET OFFICE PURSUANT TO SECTION 308(A) OF THE CONGRESSIONAL BUDGET ACT OF 1974 [In millions of dollars] COMPARISON WITH BUDGET RESOLUTION Pursuant to clause 3(c)(2) of rule XIII of the Rules of the House of Representatives and section 308(a)(1)(A) of the Congressional Budget Act of 1974, the following table compares the levels of new budget authority provided in the bill with the appropriate allocation under section 302(b) of the Budget Act. [In millions of dollars] ---------------------------------------------------------------------------------------------------------------- 302(b) Allocation This Bill --------------------------------------------------------------- Budget Budget Authority Outlays Authority Outlays ---------------------------------------------------------------------------------------------------------------- Comparison of amounts in the bill with Committee allocations to its subcommittees: Subcommittee on Homeland Security Discretionary............................... 60,300 74,500 80,245 \1\75,488 Mandatory................................... 2,044 2,036 2,044 \1\2,036 ---------------------------------------------------------------------------------------------------------------- \1\Includes outlays from prior-year budget authority. NOTE.--The amounts in this report do not include $1,420 million in discretionary budget authority and $137 million in associated outlays from amounts becoming available in fiscal year 2023 that were previously designated as being for an emergency requirement pursuant to a concurrent resolution on the budget. Consistent with the Congressional Budget Act of 1974, in the House of Representatives such amounts do not count against the Committee's allocation. In addition, consistent with the funding recommended in the bill for disaster relief, in accordance with the Congressional Budget Act of 1974 (including section 314(g) of such Act), and section 1(f) of H. Res. 1151 (117th Congress), and after the bill is reported to the House, the chair of the Committee on the Budget will provide a revised section 302(a) allocation reflecting an additional $19,945 million in discretionary budget authority and $1,197 million in associated outlays for those recommended amounts. That new allocation will eliminate the technical difference prior to floor consideration. FIVE-YEAR OUTLAY PROJECTIONS Pursuant to clause 3(c)(2) of rule XIII and section 308(a)(1)(B) of the Congressional Budget Act of 1974, the following table contains five-year projections associated with the budget authority provided in the accompanying bill as provided to the Committee by the Congressional Budget Office. [In millions of dollars] ------------------------------------------------------------------------ Outlays ------------------------------------------------------------------------ Projection of outlays associated with the recommendation: 2023............................................. /1/41,442 2024............................................. 14,919 2025............................................. 9,620 2026............................................. 4,976 2027 and future years............................ 12,987 ------------------------------------------------------------------------ \1\Excludes outlays from prior-year budget authority. FINANCIAL ASSISTANCE TO STATE AND LOCAL GOVERNMENTS Pursuant to clause 3(c)(2) of rule XIII and section 308(a)(1)(C) of the Congressional Budget Act of 1974, the Congressional Budget Office has provided the following estimates of new budget authority and outlays provided by the accompanying bill for financial assistance to State and local governments. [In millions of dollars] ------------------------------------------------------------------------ Budget Authority Outlays ------------------------------------------------------------------------ Financial assistance to State and 13,809 /1/1,049 local governments for 2023....... ------------------------------------------------------------------------ \1\Excludes outlays from prior-year budget authority. PROGRAM DUPLICATION No provision of this bill establishes or reauthorizes a program of the Federal Government know to be duplicative of another federal program, a program that was included in any report from the Government Accountability Office to Congress pursuant to section 21 of Public Law 111-139, or a program identified in the most recent Catalog of Federal Domestic Assistance. COMMITTEE HEARINGS For the purposes of cl. 3(c)(6) of rule XIII-- The following hearings were used to develop or consider the Department of Homeland Security Appropriations Act, 2023: The Subcommittee on Homeland Security held an oversight hearing on April 6, 2022, entitled ``United States Citizenship and Immigration Services Fiscal Year 2023 Budget Request'' The Subcommittee received testimony from: The Honorable Ur M. Jaddou, Director, U.S. Citizenship and Immigration Services. The Subcommittee on Homeland Security held an oversight hearing on April 6, 2022, entitled ``DHS Office of Inspector General Fiscal Year 2023 Budget Request'' The Subcommittee received testimony from: The Honorable Joseph V. Cuffari, Inspector General, U.S. Department of Homeland Security. The Subcommittee on Homeland Security held an oversight hearing on April 27, 2022, entitled ``Fiscal Year 2023 Budget Request for the Department of Homeland Security'' The Subcommittee received testimony from: The Honorable Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security. The Subcommittee on Homeland Security held an oversight hearing on April 28, 2022, entitled ``Fiscal Year 2023 Budget Request for the Cybersecurity and Infrastructure Security Agency'' The Subcommittee received testimony from: The Honorable Jen Easterly, Director, Cybersecurity and Infrastructure Security Agency. The Subcommittee on Homeland Security held an oversight hearing on May 12, 2022, entitled ``The Coast Guard's Fiscal Year 2023 Budget Request.'' The Subcommittee received testimony from: Admiral Karl L. Schultz, Commandant of the United States Coast Guard. The Subcommittee on Homeland Security held an oversight hearing on May 17, 2022, entitled ``Fiscal Year 2023 Budget Request for the U.S. Immigration and Customs Enforcement.'' The Subcommittee received testimony from: Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement. The Subcommittee on Homeland Security held an oversight hearing on May 11, 2022, entitled ``Fiscal Year 2023 Budget Request for the U.S. Customs and Border Protection'' The Subcommittee received testimony from: The Honorable Chris Magnus, Commissioner, U.S. Customs and Border Protection. The Subcommittee on Homeland Security held an oversight hearing on May 18, 2022, entitled ``Fiscal Year 2023 Budget Request for the Transportation Security Administration.'' The Subcommittee received testimony from: The Honorable David Pekoske, Administrator, Transportation Security Administration. The Subcommittee on Homeland Security held an oversight hearing on May 25, 2022, entitled ``Fiscal Year 2023 Budget Request for the United States Secret Service.'' The Subcommittee received testimony from: James Murray, Director, United States Secret Service. The Subcommittee on Homeland Security held an oversight hearing on May 25, 2022, entitled ``Fiscal Year 2023 Budget Request for the Federal Emergency Management Agency.'' The Subcommittee received testimony from: The Honorable Deanne Criswell, FEMA Administrator, Federal Emergency Management Agency. DETAILED EXPLANATIONS IN REPORT The following table contains detailed funding recommendations at the program, project, and activity (PPA) level. [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] MINORITY VIEWS We thank the Chairs of the Full Committee and Subcommittee for their continued and shared support for many of the programs critical to securing our nation. However, we have serious objections and concerns due to the many misguided policies supported by this bill. We believe the fundamental priorities necessary to secure the homeland have not been sufficiently funded, and as a result, we simply cannot support the bill in its current form. With illegal migration encounters at record high levels, we must address the immigration crisis before us. Unfortunately, this bill lays the groundwork for more illegal immigration. The policies of the Administration and the provisions within this bill to prohibit the simple enforcement of our existing immigration laws are major factors that exacerbate the current crisis at the southwest border. If this bill is enacted, the Department would be incapable of responding to the immigration crisis at the southwest border and protecting the country. For a second year in a row, the House bill attempts to dismantle bicameral, bipartisan conference agreements made in the past by including provisions that repurpose prior-year border wall funds for anything but their intended purpose-- constructing barriers. Relitigating previous agreements is counterproductive and time-consuming, and cast doubt on every single agreement we make as we produce these bills each year. In an effort to improve the bill and address our concerns, we offered amendments to ensure sufficient funding to secure the homeland, including preserving existing funding previously provided for constructing a wall along the southwest border; increasing funds for Operation Stonegarden and helping law enforcement agencies in border communities work with Customs and Border Protection to rescue and apprehend migrants abandoned by the cartels; increasing the number of detention beds to hold dangerous criminals; allowing Immigration and Customs Enforcement investigative officers to enforce the basic immigration laws on the books; and increasing funding for border security technology consistent with prior year levels. None of these amendments were adopted. We risk emboldening the cartels by telegraphing weakness on border security and our lack of commitment to the robust enforcement of immigration laws. Cartels will take this message, distort it further, and continue to exploit migrants to line their pockets in a vicious cycle built on human suffering. We are committed to ensuring the Federal government and the Department of Homeland Security meet their responsibilities to the American people. We remain optimistic that we will be able to work together to address these issues and funding requirements in a bill we can support. Kay Granger. Chuck Fleischmann. [all]