--- kind: "diff" citation: "H.R. 4367" bill: "118-hr-4367" heading: "Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2024, and for other purposes." from: "rh" from_label: "Reported in House" to: "eh" to_label: "Engrossed in House" sections_amended: 9 sections_added: 22 sections_removed: 1 url: "https://uscodex.org/bills/118/hr/4367/changes/eh" --- # H.R. 4367 — what changed H.R. 4367, Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2024, and for other purposes. — 9 sections amended, 22 added, and 1 removed between Reported in House and Engrossed in House. Edits are marked `struck` and `inserted`. ## Sec. 211 (unnamed section) - (a) Of the total amount made available under “U.S. Customs and Border Protection—Procurement, Construction, and Improvements”, $2,965,653,000 shall be available only as follows: - (1) $2,104,000,000 for the acquisition and deployment of physical barriers; - (2) $276,000,000 for the acquisition and deployment of border security technologies; - (3) $305,400,000 for trade and travel assets and infrastructure; - (4) $119,768,000 for facility construction and improvements; - (5) $123,232,000 (reduced by $1,000,000) (increased by $1,000,000) for integrated operations assets and infrastructure; and - (6) $37,253,000 for mission support and infrastructure. - (b) None of the funds allocated for pedestrian physical barriers may be made available for any purpose other than the construction of steel bollard pedestrian barrier built at least 18 to 30 feet in effective height and augmented with anti-climb and anti-dig features. - (c) None of the funds allocated for pedestrian physical barriers may be made available for any purpose other than construction of pedestrian barriers consistent with the description in subsection (b) at locations identified in the Border Security Improvement Plan submitted to Congress on August 1, 2020. - (d) The Commissioner of U.S. Customs and Border Protection may reprioritize the construction of physical barriers outlined in the Border Security Improvement Plan and, with prior approval of the Committees on Appropriations of the House of Representatives and the Senate, add additional miles of pedestrian physical barriers where no such barriers exist, prioritized by operational requirements developed in coordination with U.S. Border Patrol leadership. - (e) The Secretary of Homeland Security shall begin to obligate amounts for physical barrier construction no later than 120 days after the date of enactment of this Act. - (f) For purposes of this section, the term “effective height” refers to the height above the level of the adjacent terrain features. ## Sec. 224 (unnamed section) - The Secretary of Homeland Security shall allocate amounts appropriated or otherwise made available under the heading ‘‘U.S. Immigration and Customs Enforcement—Operations and Support’’ by this Act in order to— - (1) prioritize detention by using such amounts to ensure that the average daily population of detainees is maintained at the full capacity at all detention facilities funded by this Act throughout the fiscal year; and - (2) ensure that every alien on the non-detained docket is enrolled into the Alternatives to Detention Program with mandatory GPS monitoring throughout the duration of all applicable immigration proceedings (including any appeals) and until removal, if ordered removed. ## Sec. 406 (unnamed section) - Notwithstanding the numerical limitation set forth in section 214(g)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(B)), the Secretary of Homeland Security, after consultation with the Secretary of Labor, and upon determining that the needs of American businesses cannot be satisfied during fiscal year 2024 with United States workers who are willing, qualified, and able to perform temporary nonagricultural labor, may increase the total number of aliens who may receive a visa under section 101(a)(15)(H)(ii)(b) of such Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) in such fiscal year above such limitation by not more than the highest number of H–2B nonimmigrants who participated in the H–2B returning worker program in any fiscal year in which returning workers were exempt from such numerical limitation. - (a) Section 214(g)(9)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(9)(A)) is amended to read as follows: “(A) Subject to subparagraphs (B) and (C), an alien shall be considered a returning worker and shall not again be counted toward the numerical limitation of paragraph (1)(B) during fiscal year 2024 if such alien has already been counted toward such numerical limitation during any of the 3 preceding fiscal years.”. - (b) The amendment made by this section shall apply on and after October 1, 2023. ## Sec. 407 (unnamed section) - In fiscal year 2024, nonimmigrants shall be admitted to the United States under Notwithstanding section 101(a)(l5)(H)(ii)(a) 286(n) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) to perform agricultural labor or services, without regard to whether such labor is, or services are, 1356(n)), the Director of a temporary or seasonal nature.U.S. Citizenship and Immigration Services may use not more than $5,000 of the amounts deposited in the Immigration Examinations Fee Account for official reception and representation expenses in fiscal year 2024. ## Sec. 408 (unnamed section) - Notwithstanding section 286(n) of the Immigration and Nationality Act (8 U.S.C. 1356(n)), the The Director of U.S. Citizenship and Immigration Services may use not more than $5,000 of the amounts deposited in the Immigration Examinations Fee Account Federal Law Enforcement Training Centers is authorized to distribute funds to Federal law enforcement agencies for official reception and representation expenses incurred participating in fiscal year 2024.training accreditation. ## Sec. 409 (unnamed section) - The Director of the Federal Law Enforcement Training Centers is authorized to distribute funds to Accreditation Board, including representatives from the Federal law enforcement agencies for expenses incurred participating community and non-Federal accreditation experts involved in law enforcement training, shall lead the Federal law enforcement training accreditation.accreditation process to continue the implementation of measuring and assessing the quality and effectiveness of Federal law enforcement training programs, facilities, and instructors. ## Sec. 410 (unnamed section) - (a) The Director of the Federal Law Enforcement Training Centers may accept transfers to its “Procurement, Construction, and Improvements” account from Government agencies requesting the construction of special use facilities, as authorized by the Economy Act (31 U.S.C. 1535(b)). - (b) The Federal Law Enforcement Training Centers shall maintain administrative control and ownership upon completion of such facilities. - The Federal Law Enforcement Training Accreditation Board, including representatives from the Federal law enforcement community and non-Federal accreditation experts involved in law enforcement training, shall lead the Federal law enforcement training accreditation process to continue the implementation of measuring and assessing the quality and effectiveness of Federal law enforcement training programs, facilities, and instructors. ## Sec. 411 (unnamed section) - The functions of the Federal Law Enforcement Training Centers instructor staff shall be classified as inherently governmental for purposes of the Federal Activities Inventory Reform Act of 1998 (31 U.S.C. 501 note). - (a) The Director of the Federal Law Enforcement Training Centers may accept transfers to its “Procurement, Construction, and Improvements” account from Government agencies requesting the construction of special use facilities, as authorized by the Economy Act (31 U.S.C. 1535(b)). - (b) The Federal Law Enforcement Training Centers shall maintain administrative control and ownership upon completion of such facilities. ## Sec. 412 (unnamed section) — removed - The functions of the Federal Law Enforcement Training Centers instructor staff shall be classified as inherently governmental for purposes of the Federal Activities Inventory Reform Act of 1998 (31 U.S.C. 501 note). ## Sec. 545 (unnamed section) - None of the funds appropriated or otherwise made available by this Act may be made available to implement, administer, apply, enforce, or carry out the Equity Action Plan of the Department of Homeland Security, or Executive Order No. 13985 of January 20, 2021 (86 Fed. Reg. 7009, relating to advancing racial equity and support for under-served communities through the federal government), Executive Order No. 14035 of June 25, 2021 (86 Fed. Reg. 34593, relating to diversity, equity, inclusion, and accessibility in the federal workforce), Executive Order No. 14091 of February 16, 2023 (88 Fed. Reg. 10825 relating to further advancing racial equity and support for underserved communities through the federal government) or any program, project, or activity that promotes or advances Critical Race Theory or any concept associated with Critical Race Theory. ## Sec. 557 (unnamed section) — added - None of the funds made available by this Act may be used to pay Secretary Alejandro Nicholas Mayorkas a salary that exceeds $1. ## Sec. 558 (unnamed section) — added - None of the funds made available by this Act may be used to pay the salary and expenses of the position of the Secretary of the Department of Homeland Security, occupied by Alejandro Mayorkas. ## Sec. 559 (unnamed section) — added - None of the funds made available by this Act may be used to implement, administer, or enforce the rule entitled “Public Charge Ground of Inadmissibility” published by the Department of Homeland Security in the Federal Register on September 9, 2022 (87 Fed. Reg. 55472). ## Sec. 560 (unnamed section) — added - None of the funds made available by this Act may be used to implement a COVID-19 vaccine and mask mandate for travelers passing through the Transportation Security Administration checkpoints. ## Sec. 561 (unnamed section) — added - The salary of Ur M. Jaddou, Director of U.S. Citizenship and Immigration Services, shall be reduced to $1. ## Sec. 562 (unnamed section) — added - None of the funds made available by this Act may be used to require an employee of the Department of Homeland Security to wear a face mask. ## Sec. 563 (unnamed section) — added - None of the funds appropriated or otherwise made available by this Act may be used for the Uniting for Ukraine program. ## Sec. 564 (unnamed section) — added - The salary of Alejandro Nicholas Mayorkas, Secretary of Homeland Security, shall be reduced to $1.00. ## Sec. 565 (unnamed section) — added - None of the funds made available by this Act may be used by the Secretary of Homeland Security to travel to outside of the United States. ## Sec. 566 (unnamed section) — added - None of the funds made available by this Act may be used to implement the Climate Literacy Strategy. ## Sec. 567 (unnamed section) — added - None of the funds made available by this Act may be used for the Department of Homeland Security’s Environmental Justice Strategy. ## Sec. 568 (unnamed section) — added - None of the funds made available in this Act may be made available to administer, implement, or enforce the “Funding the Asylum Program With Employer Petition Fees” section of the proposed rule entitled “U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements” (88 Fed. Reg. 402). ## Sec. 569 (unnamed section) — added - The salary of Jonathan Davidson, Chief of Staff of the Department of Homeland Security, shall be reduced to $1. ## Sec. 570 (unnamed section) — added - None of the funds made available by this Act may be used to carry out Executive Order No. 14019 (86 Fed. Reg. 13623; relating to promoting access to voting), except for sections 7, 8, and 10 of such Order. ## Sec. 571 (unnamed section) — added - None of the funds made available by this Act may be used for the Homeland Intelligence Experts Group. ## Sec. 572 (unnamed section) — added - None of the funds appropriated or otherwise made available by this Act may be made available to administer, implement, or enforce a “Remain-in-Texas” policy. ## Sec. 573 (unnamed section) — added - None of the funds made available by this Act may be used to carry out the Department of Homeland Security memorandum titled “Worksite Enforcement: The Strategy to Protect the American Labor Market, the Conditions of the American Worksite, and the Dignity of the Individual”. ## Sec. 574 (unnamed section) — added - None of the funds made available by this Act shall be used to terminate the Department of Homeland Security’s Migration Protection Protocols. ## Sec. 575 (unnamed section) — added - None of the funds made available by this Act may be used to carry out the Department of Homeland Security memorandum titled “Guidelines for Enforcement Actions in or Near Protected Areas”. ## Sec. 576 (unnamed section) — added - None of the funds appropriated by this Act may be used to implement any of the following executive orders: - (1) Executive Order No. 13990, relating to Protecting Public Health and the Environment and Restoring Science To Tackle the Climate Crisis. - (2) Executive Order No. 14008, relating to Tackling the Climate Crisis at Home and Abroad. - (3) Section 6 of Executive Order No. 14013, relating to Rebuilding and Enhancing Programs To Resettle Refugees and Planning for the Impact of Climate Change on Migration. - (4) Executive Order No. 14030, relating to Climate-Related Financial Risk. - (5) Executive Order No. 14057, relating to Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability. - (6) Executive Order No. 14082, relating to Implementation of the Energy and Infrastructure Provisions of the Inflation Reduction Act of 2022. - (7) Executive Order No. 14096, relating to Revitalizing Our Nation's Commitment to Environmental Justice for All. ## Sec. 577 (unnamed section) — added - None of the funds made available in this Act may be used in contravention of section 642(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373(a)). ## Sec. 578 (unnamed section) — added - None of the funds made available by this Act may be used to provide assistance to the Department of Defense to house persons at military installations in the United States, except in the case of a major disaster declaration made pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), or for U.S. Coast Guard personnel.