[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4431 Reported in House (RH)]

<DOC>





                                                  Union Calendar No. 62
117th CONGRESS
  1st Session
                                H. R. 4431

                          [Report No. 117-87]

 Making appropriations for the Department of Homeland Security for the 
     fiscal year ending September 30, 2022, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 15, 2021

 Ms. Roybal-Allard, from the Committee on Appropriations, reported the 
following bill; which was committed to the Committee of the Whole House 
          on the State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
 Making appropriations for the Department of Homeland Security for the 
     fiscal year ending September 30, 2022, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the Department of Homeland Security for the fiscal 
year ending September 30, 2022, and for other purposes, namely:

                                TITLE I

    DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT

            Office of the Secretary and Executive Management

                         operations and support

    For necessary expenses of the Office of the Secretary and for 
executive management for operations and support, $233,153,000:  
Provided, That not to exceed $30,000 shall be for official reception 
and representation expenses.

                           federal assistance

                     (including transfer of funds)

    For necessary expenses of the Office of the Secretary and for 
executive management for Federal assistance through grants, contracts, 
cooperative agreements, and other activities, $35,000,000, which shall 
be transferred to ``Federal Emergency Management Agency--Federal 
Assistance'', of which $20,000,000 shall be for targeted violence and 
terrorism prevention grants and of which $15,000,000 shall be for an 
Alternatives to Detention Case Management pilot program, to remain 
available until September 30, 2023:  Provided, That the amounts made 
available for the pilot program shall be awarded as described in the 
first proviso under this heading in title I of division F of Public Law 
116-260 and services shall be provided as described in the second and 
third such provisos.

                         Management Directorate

                         operations and support

    For necessary expenses of the Management Directorate for operations 
and support, including for the purchase or lease of electric passenger 
motor vehicles, $1,653,553,000, of which $77,500,000 shall remain 
available until September 30, 2023:  Provided, That not to exceed 
$2,000 shall be for official reception and representation expenses.

              procurement, construction, and improvements

    For necessary expenses of the Management Directorate for 
procurement, construction, and improvements, $511,816,000, of which 
$132,116,000 shall remain available until September 30, 2024; and of 
which $379,700,000 shall remain available until September 30, 2026.

                       federal protective service

    The revenues and collections of security fees credited to this 
account shall be available until expended for necessary expenses 
related to the protection of federally owned and leased buildings and 
for the operations of the Federal Protective Service.

          Intelligence, Analysis, and Operations Coordination

                         operations and support

    For necessary expenses of the Office of Intelligence and Analysis 
and the Office of Operations Coordination for operations and support, 
$320,620,000, of which $82,620,000 shall remain available until 
September 30, 2023:  Provided, That not to exceed $3,825 shall be for 
official reception and representation expenses and not to exceed 
$2,000,000 is available for facility needs associated with secure space 
at fusion centers, including improvements to buildings.

                    Office of the Inspector General

                         operations and support

    For necessary expenses of the Office of the Inspector General for 
operations and support, $205,359,000:  Provided, That not to exceed 
$300,000 may be used for certain confidential operational expenses, 
including the payment of informants, to be expended at the direction of 
the Inspector General.

                       Administrative Provisions

    Sec. 101. (a) The Secretary of Homeland Security shall submit a 
report, not later than 15 days after the date of enactment of this Act, 
to the Inspector General of the Department of Homeland Security listing 
all grants and contracts awarded by any means other than full and open 
competition during the fiscal year funded by this Act or the prior 
fiscal year.
    (b) The Inspector General shall review the report required by 
subsection (a) to assess departmental compliance with applicable laws 
and regulations and report the results of that review to the Committees 
on Appropriations of the Senate and the House of Representatives not 
later than February 15 of the fiscal year after the fiscal year funded 
by this Act.
    Sec. 102.  Not later than 30 days after the last day of each month, 
the Chief Financial Officer of the Department of Homeland Security 
shall submit to the Committees on Appropriations of the Senate and the 
House of Representatives a monthly budget and staffing report that 
includes total obligations of the Department for that month and for the 
fiscal year at the appropriation and program, project, and activity 
levels, by the source year of the appropriation.
    Sec. 103.  The Secretary of Homeland Security shall require that 
all contracts of the Department of Homeland Security that provide award 
fees link such fees to successful acquisition outcomes, which shall be 
specified in terms of cost, schedule, and performance.
    Sec. 104. (a) The Secretary of Homeland Security, in consultation 
with the Secretary of the Treasury, shall notify the Committees on 
Appropriations of the Senate and the House of Representatives of any 
proposed transfers of funds available under section 9705(g)(4)(B) of 
title 31, United States Code, from the Department of the Treasury 
Forfeiture Fund to any agency within the Department of Homeland 
Security.
    (b) None of the funds identified for such a transfer may be 
obligated until the Committees on Appropriations of the Senate and the 
House of Representatives are notified of the proposed transfer.
    Sec. 105.  All official costs associated with the use of Government 
aircraft by Department of Homeland Security personnel to support 
official travel of the Secretary and the Deputy Secretary shall be paid 
from amounts made available for the Office of the Secretary.
    Sec. 106. (a) The Under Secretary for Management shall submit to 
the Committees on Appropriations of the Senate and the House of 
Representatives a quarterly acquisition progress report, which shall 
include--
            (1) a listing of Level 1 and Level 2 programs being tracked 
        on the Master Acquisition Oversight List between Acquisition 
        Decision Event 1 and Full Operational Capability; and
            (2) a listing of Level 1 and Level 2 programs between such 
        decision event and such operating capability that have been 
        cancelled, paused, or are in breach.
    (b) For each major (Level 1 and 2) acquisition program on the 
Master Acquisition Oversight List that has at least one department-
approved acquisition program baseline and has not yet fully deployed 
all planned capabilities, the report described in subsection (a) shall 
include--
            (1) a narrative describing the purpose of the program, 
        including the capabilities being acquired and the component(s) 
        sponsoring the acquisition;
            (2) the total number of increments or units to be acquired, 
        as appropriate, including a schedule outlining the quantity of 
        increments or units to be procured annually until procurement 
        is complete, as appropriate;
            (3) the Acquisition Review Board status, including the 
        current acquisition phase (by increment as applicable), the 
        date of the most recent review, and a copy of the approved 
        Acquisition Decision Memorandum;
            (4) a comparison between the Department-approved 
        acquisition program baseline cost thresholds and the program's 
        current estimate amount, including the confidence interval for 
        the estimate, the fiscal years included in the estimate, and a 
        description of and rationale for any changes during the 
        quarter;
            (5) a comparison between the schedule goals in the current 
        Department-approved acquisition program baseline, and those of 
        the current schedule, including a description of and rationale 
        for any changes during the last quarter;
            (6) a description of current Department-approved 
        acquisition program baseline performance thresholds and an 
        explanation of the extent to which such goals have been 
        reached; and
            (7) the top 5 risks associated with the program, including 
        narrative descriptions.
    Sec. 107. (a) No Federal funds made available to the Department of 
Homeland Security may be obligated for any pilot or demonstration 
program that uses more than 5 full-time equivalents or costs in excess 
of $1,000,000 until 30 days after the date on which the Secretary of 
Homeland Secretary provides the following to the Committees on 
Appropriations of the Senate and the House of Representatives for such 
program:
            (1) Objectives that are well-defined and measurable;
            (2) An assessment methodology that details--
                    (A) the type and source of assessment data;
                    (B) the methods for and frequency of collecting 
                such data; and
                    (C) how such data will be analyzed;
            (3) An implementation plan, including milestones, a cost 
        estimate, and schedule, including an end date; and
            (4) A signed interagency agreement or memorandum of 
        agreement for any pilot or demonstration program involving the 
        participation of more than one Department of Homeland Security 
        component or that of an entity not part of such Department.
    (b) Not later than 30 days after the date of completion of a pilot 
or demonstration program described in subsection (a), the Secretary of 
Homeland Security shall provide a report to the Committees on 
Appropriations of the Senate and the House of Representatives detailing 
lessons learned, actual costs, and any planned expansion or 
continuation of the pilot or demonstration program.
    (c) For the purposes of this section, a pilot or demonstration 
program is a policy implementation, study, demonstration, experimental 
program, or trial that is a small-scale, short-term experiment 
conducted in order to evaluate feasibility, duration, costs, or adverse 
events, and improve upon the design of an effort prior to 
implementation of a larger scale effort.

                                TITLE II

               SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   U.S. Customs and Border Protection

                         operations and support

                     (including transfer of funds)

    For necessary expenses of U.S. Customs and Border Protection for 
operations and support, including the transportation of unaccompanied 
minors; the provision of air and marine support to Federal, State, 
local, and international agencies in the enforcement or administration 
of laws enforced by the Department of Homeland Security; at the 
discretion of the Secretary of Homeland Security, the provision of such 
support to Federal, State, and local agencies in other law enforcement 
and emergency humanitarian efforts; the purchase and lease of up to 
7,500 (6,500 for replacement only) police-type vehicles; the purchase, 
maintenance, or operation of marine vessels, aircraft, and unmanned 
aerial systems; and contracting with individuals for personal services 
abroad; $13,562,809,000; of which $3,274,000 shall be derived from the 
Harbor Maintenance Trust Fund for administrative expenses related to 
the collection of the Harbor Maintenance Fee pursuant to section 
9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) 
and notwithstanding section 1511(e)(1) of the Homeland Security Act of 
2002 (6 U.S.C. 551(e)(1)); of which $500,000,000 shall be available 
until September 30, 2023; of which $74,340,000 shall be available until 
September 30, 2024; and of which such sums as become available in the 
Customs User Fee Account, except sums subject to section 13031(f)(3) of 
the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 
58c(f)(3)), shall be derived from that account:  Provided, That not to 
exceed $34,425 shall be for official reception and representation 
expenses:  Provided further, That not to exceed $150,000 shall be 
available for payment for rental space in connection with preclearance 
operations:  Provided further, That not to exceed $2,000,000 shall be 
for awards of compensation to informants, to be accounted for solely 
under the certificate of the Secretary of Homeland Security:  Provided 
further, That not to exceed $5,000,000 may be transferred to the Bureau 
of Indian Affairs for the maintenance and repair of roads on Native 
American reservations used by the U.S. Border Patrol.

              procurement, construction, and improvements

    For necessary expenses of U.S. Customs and Border Protection for 
procurement, construction, and improvements, including procurement of 
marine vessels, aircraft, and unmanned aerial systems, $333,780,000, of 
which $261,555,000 shall remain available until September 30, 2024; and 
of which $72,225,000 shall remain available until September 30, 2026.

                U.S. Immigration and Customs Enforcement

                         operations and support

    For necessary expenses of U.S. Immigration and Customs Enforcement 
for operations and support, including the purchase and lease of up to 
3,790 (2,350 for replacement only) police-type vehicles; overseas 
vetted units; and maintenance, minor construction, and minor leasehold 
improvements at owned and leased facilities; $7,820,275,000; of which 
not less than $6,000,000 shall remain available until expended for 
efforts to enforce laws against forced child labor; of which 
$46,696,000 shall remain available until September 30, 2023; of which 
not less than $1,500,000 is for paid apprenticeships for participants 
in the Human Exploitation Rescue Operative Child-Rescue Corps; of which 
not less than $15,000,000 shall be available for investigation of 
intellectual property rights violations, including operation of the 
National Intellectual Property Rights Coordination Center; and of which 
$3,787,263,000 shall be for civil immigration enforcement, detention, 
transportation of unaccompanied alien minors and to effectuate the safe 
return of aliens or their release to nonprofit organizations with 
capacity to provide shelter and other services, and for case management 
services, including but not limited to: mental health services; human 
and sex trafficking screening; legal orientation programs; cultural 
orientation programs; connections to social services; and for 
individuals who will be removed, reintegration services:  Provided, 
That not to exceed $11,475 shall be for official reception and 
representation expenses:  Provided further, That not to exceed 
$10,000,000 shall be available until expended for conducting special 
operations under section 3131 of the Customs Enforcement Act of 1986 
(19 U.S.C. 2081):  Provided further, That not to exceed $2,000,000 
shall be for awards of compensation to informants, to be accounted for 
solely under the certificate of the Secretary of Homeland Security:  
Provided further, That not to exceed $11,216,000 shall be available to 
fund or reimburse other Federal agencies for the costs associated with 
the care, maintenance, and repatriation of aliens unlawfully present in 
the United States.

              procurement, construction, and improvements

    For necessary expenses of U.S. Immigration and Customs Enforcement 
for procurement, construction, and improvements, $51,700,000, of which 
$34,321,000 shall remain available until September 30, 2024, and of 
which $17,379,000 shall remain available until September 30, 2026.

                           federal assistance

                     (including transfer of funds)

    For necessary expenses of U.S. Immigration and Customs Enforcement 
for Federal assistance through grants, contracts, cooperative 
agreements, and other activities, $100,000,000, to remain available 
until September 30, 2024, which shall be transferred to ``Federal 
Emergency Management Agency--Federal Assistance'' and be distributed to 
state, local, tribal, or territorial jurisdictions or local non-profit 
organizations to provide shelter to individuals released from the 
custody of the Department of Homeland Security and to provide 
accommodations in support of enrollments into an Alternatives to 
Detention program and related Case Management services, including 
necessary infrastructure improvements and investments.

                 Transportation Security Administration

                         operations and support

    For necessary expenses of the Transportation Security 
Administration for operations and support, $8,072,443,000, to remain 
available until September 30, 2023:  Provided, That not to exceed 
$7,650 shall be for official reception and representation expenses:  
Provided further, That security service fees authorized under section 
44940 of title 49, United States Code, shall be credited to this 
appropriation as offsetting collections and shall be available only for 
aviation security:  Provided further, That the sum appropriated under 
this heading from the general fund shall be reduced on a dollar-for-
dollar basis as such offsetting collections are received during the 
current fiscal year so as to result in a final fiscal year 
appropriation from the general fund estimated at not more than 
$5,962,443,000.

              procurement, construction, and improvements

    For necessary expenses of the Transportation Security 
Administration for procurement, construction, and improvements, 
$156,836,000, to remain available until September 30, 2024.

                        research and development

    For necessary expenses of the Transportation Security 
Administration for research and development, $35,532,000, to remain 
available until September 30, 2023.

                              Coast Guard

                         operations and support

    For necessary expenses of the Coast Guard for operations and 
support including the Coast Guard Reserve; purchase or lease of not to 
exceed 25 passenger motor vehicles, which shall be for replacement 
only; purchase or lease of small boats for contingent and emergent 
requirements (at a unit cost of not more than $700,000) and repairs and 
service-life replacements, not to exceed a total of $31,000,000; 
purchase, lease, or improvements of boats necessary for overseas 
deployments and activities; payments pursuant to section 156 of Public 
Law 97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation and 
welfare; $9,144,070,000, of which $530,000,000 shall be for defense-
related activities; of which $24,500,000 shall be derived from the Oil 
Spill Liability Trust Fund to carry out the purposes of section 
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of 
which $5,000,000 shall remain available until September 30, 2024; of 
which $30,356,000 shall remain available until September 30, 2025, for 
environmental compliance and restoration; and of which $70,000,000 
shall remain available until September 30, 2023, which shall only be 
available for vessel depot level maintenance:  Provided, That not to 
exceed $23,000 shall be for official reception and representation 
expenses.

              procurement, construction, and improvements

    For necessary expenses of the Coast Guard for procurement, 
construction, and improvements, including aids to navigation, shore 
facilities (including facilities at Department of Defense installations 
used by the Coast Guard), and vessels and aircraft, including equipment 
related thereto, $1,817,100,000, to remain available until September 
30, 2026; of which $20,000,000 shall be derived from the Oil Spill 
Liability Trust Fund to carry out the purposes of section 1012(a)(5) of 
the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); and of which such 
sums as were deposited into the Coast Guard Housing Fund prior to 
fiscal year 2021 that remain unavailable for obligation shall be 
available to carry out the purposes of section 2946 of title 14, United 
States Code, in addition to amounts otherwise available for such 
purposes, and shall be derived from such deposits.

                        research and development

    For necessary expenses of the Coast Guard for research and 
development; and for maintenance, rehabilitation, lease, and operation 
of facilities and equipment; $7,476,000, to remain available until 
September 30, 2024, of which $500,000 shall be derived from the Oil 
Spill Liability Trust Fund to carry out the purposes of section 
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)):  
Provided, That there may be credited to and used for the purposes of 
this appropriation funds received from State and local governments, 
other public authorities, private sources, and foreign countries for 
expenses incurred for research, development, testing, and evaluation.

                              retired pay

    For retired pay, including the payment of obligations otherwise 
chargeable to lapsed appropriations for this purpose, payments under 
the Retired Serviceman's Family Protection and Survivor Benefits Plans, 
payment for career status bonuses, payment of continuation pay under 
section 356 of title 37, United States Code, concurrent receipts, 
combat-related special compensation, and payments for medical care of 
retired personnel and their dependents under chapter 55 of title 10, 
United States Code, $1,963,519,000, to remain available until expended.

                      United States Secret Service

                         operations and support

    For necessary expenses of the United States Secret Service for 
operations and support, including purchase of not to exceed 652 
vehicles for police-type use for replacement only; hire of passenger 
motor vehicles; purchase of motorcycles made in the United States; hire 
of aircraft; rental of buildings in the District of Columbia; fencing, 
lighting, guard booths, and other facilities on private or other 
property not in Government ownership or control, as may be necessary to 
perform protective functions; conduct of and participation in firearms 
matches; presentation of awards; conduct of behavioral research in 
support of protective intelligence and operations; payment in advance 
for commercial accommodations as may be necessary to perform protective 
functions; and payment, without regard to section 5702 of title 5, 
United States Code, of subsistence expenses of employees who are on 
protective missions, whether at or away from their duty stations; 
$2,518,658,000; of which $51,621,000 shall remain available until 
September 30, 2023; of which $6,000,000 shall be for a grant for 
activities related to investigations of missing and exploited children; 
and of which up to $15,000,000 may be for calendar year 2021 premium 
pay in excess of the annual equivalent of the limitation on the rate of 
pay contained in section 5547(a) of title 5, United States Code, 
pursuant to section 2 of the Overtime Pay for Protective Services Act 
of 2016 (5 U.S.C. 5547 note), as amended by Public Law 115-383:  
Provided, That not to exceed $19,125 shall be for official reception 
and representation expenses:  Provided further, That not to exceed 
$100,000 shall be to provide technical assistance and equipment to 
foreign law enforcement organizations in criminal investigations within 
the jurisdiction of the United States Secret Service.

              procurement, construction, and improvements

    For necessary expenses of the United States Secret Service for 
procurement, construction, and improvements, $54,849,000, to remain 
available until September 30, 2024.

                        research and development

    For necessary expenses of the United States Secret Service for 
research and development, $2,310,000, to remain available until 
September 30, 2023.

                       Administrative Provisions

                     (including transfer of funds)

    Sec. 201.  Section 201 of the Department of Homeland Security 
Appropriations Act, 2018 (division F of Public Law 115-141), related to 
overtime compensation limitations, shall apply with respect to funds 
made available in this Act in the same manner as such section applied 
to funds made available in that Act, except that ``fiscal year 2022'' 
shall be substituted for ``fiscal year 2018''.
    Sec. 202.  Funding made available under the headings ``U.S. Customs 
and Border Protection--Operations and Support'' and ``U.S. Customs and 
Border Protection--Procurement, Construction, and Improvements'' shall 
be available for customs expenses when necessary to maintain operations 
and prevent adverse personnel actions in Puerto Rico and the U.S. 
Virgin Islands, in addition to funding provided by sections 740 and 
1406i of title 48, United States Code.
    Sec. 203.  As authorized by section 601(b) of the United States-
Colombia Trade Promotion Agreement Implementation Act (Public Law 112-
42), fees collected from passengers arriving from Canada, Mexico, or an 
adjacent island pursuant to section 13031(a)(5) of the Consolidated 
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall 
be available until expended.
    Sec. 204. (a) For an additional amount for ``U.S. Customs and 
Border Protection--Operations and Support'', $31,000,000, to remain 
available until expended, to be reduced by amounts collected and 
credited to this appropriation in the fiscal year funded by this Act 
from amounts authorized to be collected by section 286(i) of the 
Immigration and Nationality Act (8 U.S.C. 1356(i)), section 10412 of 
the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8311), and 
section 817 of the Trade Facilitation and Trade Enforcement Act of 2015 
(Public Law 114-25), or other such authorizing language.
    (b) To the extent that amounts realized from such collections 
exceed $31,000,000, those amounts in excess of $31,000,000 shall be 
credited to this appropriation, to remain available until expended.
    Sec. 205.  None of the funds made available in this Act for U.S. 
Customs and Border Protection may be used to prevent an individual not 
in the business of importing a prescription drug (within the meaning of 
section 801(g) of the Federal Food, Drug, and Cosmetic Act) from 
importing a prescription drug from Canada that complies with the 
Federal Food, Drug, and Cosmetic Act:  Provided, That this section 
shall apply only to individuals transporting on their person a 
personal-use quantity of the prescription drug, not to exceed a 90-day 
supply:  Provided further, That the prescription drug may not be--
            (1) a controlled substance, as defined in section 102 of 
        the Controlled Substances Act (21 U.S.C. 802); or
            (2) a biological product, as defined in section 351 of the 
        Public Health Service Act (42 U.S.C. 262).
    Sec. 206. (a) Notwithstanding any other provision of law, none of 
the funds provided in this or any other Act shall be used to approve a 
waiver of the navigation and vessel-inspection laws pursuant to section 
501(b) of title 46, United States Code, for the transportation of crude 
oil distributed from and to the Strategic Petroleum Reserve until the 
Secretary of Homeland Security, after consultation with the Secretaries 
of the Departments of Energy and Transportation and representatives 
from the United States flag maritime industry, takes adequate measures 
to ensure the use of United States flag vessels.
    (b) The Secretary shall notify the Committees on Appropriations of 
the Senate and the House of Representatives, the Committee on Commerce, 
Science, and Transportation of the Senate, and the Committee on 
Transportation and Infrastructure of the House of Representatives 
within 2 business days of any request for waivers of navigation and 
vessel-inspection laws pursuant to section 501(b) of title 46, United 
States Code, with respect to such transportation, and the disposition 
of such requests.
    Sec. 207. (a) Beginning on the date of enactment of this Act, the 
Secretary of Homeland Security shall not--
            (1) establish, collect, or otherwise impose any new border 
        crossing fee on individuals crossing the Southern border or the 
        Northern border at a land port of entry; or
            (2) conduct any study relating to the imposition of a 
        border crossing fee.
    (b) In this section, the term ``border crossing fee'' means a fee 
that every pedestrian, cyclist, and driver and passenger of a private 
motor vehicle is required to pay for the privilege of crossing the 
Southern border or the Northern border at a land port of entry.
    Sec. 208. (a) Not later than 90 days after the date of enactment of 
this Act, the Secretary of Homeland Security shall submit an 
expenditure plan for any amounts made available for ``U.S. Customs and 
Border Protection--Procurement, Construction, and Improvements'' in 
this Act and prior Acts to the Committees on Appropriations of the 
Senate and the House of Representatives.
    (b) No such amounts may be obligated prior to the submission of 
such plan.
    Sec. 209.  Section 211 of the Department of Homeland Security 
Appropriations Act, 2021 (division F of Public Law 116-260), 
prohibiting the use of funds for the construction of fencing in certain 
areas, shall apply with respect to funds made available in this Act in 
the same manner as such section applied to funds made available in that 
Act.
    Sec. 210. (a) Funding made available under the headings ``U.S. 
Customs and Border Protection--Operations and Support'' and ``U.S. 
Immigration and Customs Enforcement--Operations and Support'' may be 
used to provide or reimburse third-parties for the provision of COVID-
19 testing and shelter for the purpose of voluntary isolation of 
persons encountered by U.S. Customs and Border Protection after 
entering the United States along the southwest border and deemed 
inadmissible under section 212(a) of the Immigration and Nationality 
Act (8 U.S.C. 1182(a)).
    (b) Such testing and shelter shall be provided immediately after 
such persons leave Department of Homeland Security custody.
    (c) For purposes of this section, funds may only be used in States 
or jurisdictions that do not have an agreement with the Federal 
government for the provision or reimbursement of such services.
    Sec. 211. (a) Notwithstanding any other provision of law, the 
Commissioner of U.S. Customs and Border Protection may use up to 
$100,000,000 of amounts referenced in section 230(a) of division F of 
the Consolidated Appropriations Act, 2018 (Public Law 115-141), section 
230(a)(1) of division A of the Consolidated Appropriations Act, 2019 
(Public Law 116-6), section 209(a)(1) of division D of the Consolidated 
Appropriations Act, 2020 (Public Law 116-93), and section 210 of 
division F of the Consolidated Appropriations Act, 2021 (Public Law 
116-260) for mitigation activities, including land acquisition, related 
to the construction of border barriers on Federal lands.
    (b) Amounts described in subsection (a) may be transferred to the 
Bureau of Land Management, the United States Fish and Wildlife Service, 
the United States Forest Service, and the National Park Service for the 
purposes described in such subsection.
    (c) The Commissioner shall submit a notification to the Committees 
on Appropriations of the Senate and the House of Representatives prior 
to the obligation of the amounts described in this section.
    Sec. 212. (a) No Federal funds may be used to continue a delegation 
of law enforcement authority authorized under section 287(g) of the 
Immigration and Nationality Act (8 U.S.C. 1357(g))--
            (1) for the investigation or apprehension functions 
        described in paragraph (1) of such section;
            (2) if the Department of Homeland Security Inspector 
        General determines that the terms of the agreement governing 
        the delegation of authority have been materially violated; or
            (3) if the Department of Homeland Security Office for Civil 
        Rights and Civil Liberties or the U.S. Immigration and Customs 
        Enforcement Office of Professional Responsibility determines 
        that the participating jurisdiction has violated the civil 
        rights or liberties of an individual who was subsequently the 
        subject of immigration enforcement activity delegated under the 
        authority described in this section.
    (b) Subsection (a)(3) shall not apply if the Secretary of Homeland 
Security determines that the violation is not part of a pattern or 
practice of civil rights or liberties violations or that sufficient 
subsequent remediation steps have been taken to prevent future such 
violations.
    Sec. 213. (a) None of the funds provided under the heading ``U.S. 
Immigration and Customs Enforcement--Operations and Support'' may be 
used to continue any contract for the provision of detention services 
if the two most recent overall performance evaluations received by the 
contracted facility are less than ``adequate'' or the equivalent median 
score in any subsequent performance evaluation system.
    (b) The performance evaluations referenced in subsection (a) shall 
be conducted by the U.S. Immigration and Customs Enforcement Office of 
Professional Responsibility.
    Sec. 214.  The reports required to be submitted under section 216 
of the Department of Homeland Security Appropriations Act, 2021 
(division F of Public Law 116-260) shall continue to be submitted 
semimonthly during the fiscal year funded by this Act and each matter 
required to be included in such report by such section 216 shall apply 
in the same manner and to the same extent during the period described 
in this section.
    Sec. 215.  The terms and conditions of section 217 of the 
Department of Homeland Security Appropriations Act, 2020 (division D of 
Public Law 116-93) shall apply to this Act.
    Sec. 216.  No Federal funds may be used to place in detention, 
remove, refer for a decision whether to initiate removal proceedings, 
or initiate removal proceedings against any individual--
            (1) based on information provided to a Federal employee or 
        contractor related to facilitating the sponsorship of an 
        unaccompanied alien child (as defined in section 462(g) of the 
        Homeland Security Act of 2002 (6 U.S.C. 279(g))) or the 
        reunification of such child with a family member; or
            (2) based on information gathered in therapy sessions 
        conducted while in the care of the Office of Refugee 
        Resettlement of the Department of Health and Human Services.
    Sec. 217. (a) Not later than 30 days after the date of enactment of 
this Act, the Secretary of Homeland Security shall--
            (1) ensure that individuals in the custody of the 
        Department of Homeland Security who are placed into proceedings 
        under section 240 of the Immigration and Nationality Act (8 
        U.S.C. 1229a) have, at a minimum--
                    (A) daily telephonic, video, or in-person access to 
                legal counsel, including prospective legal counsel, in 
                a setting that allows for private consultation;
                    (B) opportunities for prospective pro-bono legal 
                counsel to be accessible to such individuals; and
                    (C) meaningful opportunities to consult with legal 
                counsel prior to required appearances for such 
                proceedings; and
            (2) implement a program to conduct a Know Your Rights 
        presentation, provided by a nonprofit organization or an entity 
        that provides pro-bono legal counsel, to be made available to 
        all individuals prior to any asylum-based interview or 
        proceeding who are placed into expedited removal proceedings 
        under section 235 of the Immigration and Nationality Act (8 
        U.S.C. 1225(b)(1)) and indicate an intention to apply for 
        asylum or a fear of persecution.
    (b) Not later than 30 days after the date of enactment of this Act, 
the Secretary and the Officer for Civil Rights and Civil Liberties 
shall each certify to the Committees on Appropriations of the Senate 
and the House of Representatives as to whether the requirements under 
subsection (a) have been met.
    Sec. 218.  No Federal funds may be used for the detention or 
removal of any individual who has a demonstrated bona fide or prima 
facie eligibility for--
            (1) an application under section 101(a)(15)(T), 
        101(a)(15)(U), 106, 240A(b)(2), or 244(a)(3) (as in effect on 
        March 31, 1997) of the Immigration and Nationality Act; or
            (2) a self-petition pursuant to the Violence Against Women 
        Act, as defined in section 101(a)(51) of the Immigration and 
        Nationality Act, with a pending application for relief under a 
        provision referred to in one of the subparagraphs (A) through 
        (G) of such section, or section 101(a)(27)(J) of such Act.
    Sec. 219. (a) Not later than 30 days after the date of enactment of 
this Act, the Secretary of Homeland Security shall approve a segmented 
risk classification assessment process, developed by U.S. Immigration 
and Customs Enforcement that includes a determination as to whether a 
detained individual is--
            (1) a flight risk;
            (2) a public safety threat; or
            (3) a national security threat.
    (b) The process described in subsection (a) shall be developed only 
with the review of, and concurrence by, the Officer for Civil Rights 
and Civil Liberties and the Immigration Detention Ombudsman.
    (c) Following approval of the assessment process in subsection (a), 
U.S. Immigration and Customs Enforcement shall conduct a risk 
classification for each detained individual held in custody for at 
least 14 days, to be completed within 20 days of such individual being 
taken into custody, and make an individualized, documented custody 
determination that shall include the option to release such individual 
from custody, notwithstanding section 236(c) of the Immigration and 
Nationality Act (8 U.S.C. 1226(c)).
    (d) Determinations based on the assessment process described in 
subsection (a) shall be recorded and reviewed on a monthly basis by the 
Office of the Immigration Detention Ombudsman.
    (e) In the case of an individual who self-identifies as 
transgender--
            (1) the custody determination described in subsection (c) 
        shall be completed within 10 days of such individual being 
        taken into custody;
            (2) such person shall only be detained in a facility that 
        is contractually obligated to meet, at a minimum, the 
        requirements described in Attachment 1 of the June 19, 2015, 
        U.S. Immigration and Customs Enforcement 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.
    (f) Not later than 30 days after the date of enactment of this Act, 
the Director of U.S. Immigration and Customs Enforcement shall provide 
the Committees on Appropriations of the Senate and the House of 
Representatives the defined metrics used to make such assessments.
    Sec. 220. (a) None of the funds provided under the heading ``U.S. 
Immigration and Customs Enforcement--Operations and Support'' may be 
used to engage in civil immigration enforcement activities, such as 
arrests, detentions, removals, or the processing or issuance of 
charging documents, using Homeland Security Investigations personnel or 
resources, absent probable cause that the individual facing such 
enforcement action has committed a criminal offense not solely related 
to migration or immigration status.
    (b) For purposes of this section, criminal offenses solely related 
to migration or immigration status include any offense for which 
penalties may be imposed pursuant to sections 243, 264, 266(a) or (b), 
275, or 276 of the Immigration and Nationality Act.
    Sec. 221.  Not later than 180 days after the date of enactment of 
this Act, allowances to individuals held in custody under the 
immigration laws for work performed may not be less than the rates 
established under paragraph (1) of section 6703 of title 41, United 
States Code.
    Sec. 222.  Members of the United States House of Representatives 
and the United States Senate, including the leadership; the heads of 
Federal agencies and commissions, including the Secretary, Deputy 
Secretary, Under Secretaries, and Assistant Secretaries of the 
Department of Homeland Security; the United States Attorney General, 
Deputy Attorney General, Assistant Attorneys General, and the United 
States Attorneys; and senior members of the Executive Office of the 
President, including the Director of the Office of Management and 
Budget, shall not be exempt from Federal passenger and baggage 
screening.
    Sec. 223.  Any award by the Transportation Security Administration 
to deploy explosives detection systems shall be based on risk, the 
airport's current reliance on other screening solutions, lobby 
congestion resulting in increased security concerns, high injury rates, 
airport readiness, and increased cost effectiveness.
    Sec. 224.  Notwithstanding section 44923 of title 49, United States 
Code, for the fiscal year funded by this Act, any funds in the Aviation 
Security Capital Fund established by section 44923(h) of title 49, 
United States Code, may be used for the procurement and installation of 
explosives detection systems or for the issuance of other transaction 
agreements for the purpose of funding projects described in section 
44923(a) of such title.
    Sec. 225.  Not later than 30 days after the submission of the 
President's budget proposal, the Administrator of the Transportation 
Security Administration shall submit to the Committees on 
Appropriations and Commerce, Science, and Transportation of the Senate 
and the Committees on Appropriations and Homeland Security in the House 
of Representatives a single report that fulfills the following 
requirements:
            (1) a Capital Investment Plan that includes a plan for 
        continuous and sustained capital investment in new, and the 
        replacement of aged, transportation security equipment;
            (2) the 5-year technology investment plan as required by 
        section 1611 of title XVI of the Homeland Security Act of 2002, 
        as amended by section 3 of the Transportation Security 
        Acquisition Reform Act (Public Law 113-245); and
            (3) the Advanced Integrated Passenger Screening 
        Technologies report as required by the Senate Report 
        accompanying the Department of Homeland Security Appropriations 
        Act, 2019 (Senate Report 115-283).
    Sec. 226. (a) None of the funds made available by this Act under 
the heading ``Coast Guard--Operations and Support'' shall be for 
expenses incurred for recreational vessels under section 12114 of title 
46, United States Code, except to the extent fees are collected from 
owners of yachts and credited to the appropriation made available by 
this Act under the heading ``Coast Guard--Operations and Support''.
    (b) To the extent such fees are insufficient to pay expenses of 
recreational vessel documentation under such section 12114, and there 
is a backlog of recreational vessel applications, personnel performing 
non-recreational vessel documentation functions under subchapter II of 
chapter 121 of title 46, United States Code, may perform documentation 
under section 12114.
    Sec. 227.  Without regard to the limitation as to time and 
condition of subsection (d) of section 503 of this Act, after June 30, 
in accordance with the notification requirement described in subsection 
(b) of such section, up to the following amounts may be reprogrammed 
within ``Coast Guard--Operations and Support''--
            (1) $10,000,000 to or from the ``Military Pay'' funding 
        category; and
            (2) $10,000,000 between the ``Field Operations'' funding 
        subcategories.
    Sec. 228.  Notwithstanding any other provision of law, the 
Commandant of the Coast Guard shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives a future-
years capital investment plan as described in the second proviso under 
the heading ``Coast Guard--Acquisition, Construction, and 
Improvements'' in the Department of Homeland Security Appropriations 
Act, 2015 (Public Law 114-4), which shall be subject to the 
requirements in the third and fourth provisos under such heading.
    Sec. 229.  Of the funds made available for defense-related 
activities under the heading ``Coast Guard--Operations and Support'', 
up to $190,000,000 that are used for enduring overseas missions in 
support of the global fight against terrorism may be reallocated by 
program, project, and activity, notwithstanding section 503 of this 
Act.
    Sec. 230.  Amounts deposited into the Coast Guard Housing Fund in 
the fiscal year funded by this Act shall be available until expended to 
carry out the purposes of section 2946 of title 14, United States Code, 
and shall be in addition to funds otherwise available for such 
purposes.
    Sec. 231.  The United States Secret Service is authorized to 
obligate funds in anticipation of reimbursements from executive 
agencies, as defined in section 105 of title 5, United States Code, for 
personnel receiving training sponsored by the James J. Rowley Training 
Center, except that total obligations at the end of the fiscal year 
shall not exceed total budgetary resources available under the heading 
``United States Secret Service--Operations and Support'' at the end of 
the fiscal year.
    Sec. 232. (a) None of the funds made available to the United States 
Secret Service by this Act or by previous appropriations Acts may be 
made available for the protection of the head of a Federal agency other 
than the Secretary of Homeland Security.
    (b) The Director of the United States Secret Service may enter into 
agreements to provide such protection on a fully reimbursable basis.
    Sec. 233.  For purposes of subsections (a) and (b) of section 503 
this Act, up to $15,000,000 may be reprogrammed within ``United States 
Secret Service--Operations and Support''.
    Sec. 234.  Funding made available in this Act for ``United States 
Secret Service--Operations and Support'' is available for travel of 
United States Secret Service employees on protective missions without 
regard to the limitations on such expenditures in this or any other Act 
if the Director of the United States Secret Service or a designee 
notifies the Committees on Appropriations of the Senate and the House 
of Representatives 10 or more days in advance, or as early as 
practicable, prior to such expenditures.
    Sec. 235. (a) Amounts made available to U.S. Customs and Border 
Protection and U.S. Immigration and Customs Enforcement in this Act 
under the heading ``Operations and Support'', by transfer pursuant to 
the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-
136), or pursuant to any other provision of law for enforcement of the 
immigration laws that remain available for obligation in the fiscal 
year funded by this Act may be used for the reunification of children 
separated from a parent or legal guardian at the United States-Mexico 
border, including the provision of shelter, temporary housing, 
subsistence expenses, transportation, medical care, access to legal 
services, and such other assistance or relief for separated families 
that the Secretary determines necessary to accomplish reunification.
    (b) Funds made available pursuant to this section shall be used 
solely to support the reunification of separated families.
    (c) Each amount repurposed by this section that was previously 
designated by the Congress as an emergency requirement pursuant to the 
Balanced Budget and Emergency Deficit Control Act of 1985 or a 
concurrent resolution on the budget is designated by the Congress as an 
emergency requirement pursuant to section 1(f) of H. Res. 467 as 
engrossed in the House of Representatives on June 14, 2021.
    Sec. 236. (a) Notwithstanding section 2110 of title 46, United 
States Code, none of the funds made available in this Act shall be used 
to charge a fee for an inspection of a towing vessel, as defined in 46 
CFR Section 136.110, that utilizes the Towing Safety Management System 
option for a Certificate of Inspection issued under subchapter M of 
title 46, Code of Federal Regulations.
    (b) Subsection (a) shall not apply after the date the Commandant of 
the Coast Guard implements section 815 of the Frank LoBiondo Coast 
Guard Authorization Act of 2018 (Public Law 115-282).

                               TITLE III

            PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

            Cybersecurity and Infrastructure Security Agency

                         operations and support

    For necessary expenses of the Cybersecurity and Infrastructure 
Security Agency for operations and support, $1,927,750,000, of which 
$28,293,000, shall remain available until September 30, 2023:  
Provided, That not to exceed $3,825 shall be for official reception and 
representation expenses.

              procurement, construction, and improvements

    For necessary expenses of the Cybersecurity and Infrastructure 
Security Agency for procurement, construction, and improvements, 
$467,167,000, to remain available until September 30, 2024:  Provided, 
That of the funds made available under this heading, $100,000,000 shall 
be withheld from obligation until the Director submits the first plan 
described in section 304 of this Act.

                        research and development

    For necessary expenses of the Cybersecurity and Infrastructure 
Security Agency for research and development, $7,431,000, to remain 
available until September 30, 2023.

                cybersecurity response and recovery fund

    For necessary expenses of the Cybersecurity and Infrastructure 
Security Agency for cyber response and recovery, $20,000,000, to remain 
available until expended:  Provided, That such amounts shall be used to 
provide support to critical infrastructure, including through the 
provision of services, technology, or capabilities, with or without 
reimbursement, to respond to or recover from a significant cyber 
incident as defined in Presidential Policy Directive 41:  Provided 
further, That such support may include the provision of assistance to 
private entities and State, local, territorial, and tribal governments 
in responding to or recovering from a significant cyber incident:  
Provided further, That amounts appropriated under this heading shall be 
available only upon a determination by the President that additional 
resources are needed for the purposes under this heading:  Provided 
further, That amounts made available under this heading shall be in 
addition to any other amounts available for such purposes.

                  Federal Emergency Management Agency

                         operations and support

    For necessary expenses of the Federal Emergency Management Agency 
for operations and support, $1,262,966,000:  Provided, That not to 
exceed $2,250 shall be for official reception and representation 
expenses.

              procurement, construction, and improvements

    For necessary expenses of the Federal Emergency Management Agency 
for procurement, construction, and improvements, $188,212,000, of which 
$77,002,000 shall remain available until September 30, 2024, and of 
which $111,210,000 shall remain available until September 30, 2026:  
Provided, That the Administrator of the Federal Emergency Management 
Agency may use up to $10,400,000 of the amounts made available under 
this heading to acquire real property adjacent to the Center for 
Domestic Preparedness Lodging and Warehouse complex in Anniston, 
Alabama for the purpose of establishing a multi-use training facility.

                           federal assistance

                     (including transfer of funds)

    For activities of the Federal Emergency Management Agency for 
Federal assistance through grants, contracts, cooperative agreements, 
and other activities, $3,525,017,000, which shall be allocated as 
follows:
            (1) $610,000,000 for the State Homeland Security Grant 
        Program under section 2004 of the Homeland Security Act of 2002 
        (6 U.S.C. 605), of which $90,000,000 shall be for Operation 
        Stonegarden, $15,000,000 shall be for Tribal Homeland Security 
        Grants under section 2005 of the Homeland Security Act of 2002 
        (6 U.S.C. 606), and $90,000,000 shall be for organizations (as 
        described under section 501(c)(3) of the Internal Revenue Code 
        of 1986 and exempt from tax under section 501(a) of such code) 
        determined by the Secretary of Homeland Security to be at high 
        risk of a terrorist attack:  Provided, That notwithstanding 
        subsection (c)(4) of such section 2004, for the fiscal year 
        funded by this Act, the Commonwealth of Puerto Rico shall make 
        available to local and tribal governments amounts provided to 
        the Commonwealth of Puerto Rico under this paragraph in 
        accordance with subsection (c)(1) of such section 2004.
            (2) $705,000,000 for the Urban Area Security Initiative 
        under section 2003 of the Homeland Security Act of 2002 (6 
        U.S.C. 604), of which $90,000,000 shall be for organizations 
        (as described under section 501(c)(3) of the Internal Revenue 
        Code of 1986 and exempt from tax under section 501(a) of such 
        code) determined by the Secretary of Homeland Security to be at 
        high risk of a terrorist attack.
            (3) $110,000,000 for Public Transportation Security 
        Assistance, Railroad Security Assistance, and Over-the-Road Bus 
        Security Assistance under sections 1406, 1513, and 1532 of the 
        Implementing Recommendations of the 9/11 Commission Act of 2007 
        (6 U.S.C. 1135, 1163, and 1182), of which $10,000,000 shall be 
        for Amtrak security and $3,000,000 shall be for Over-the-Road 
        Bus Security:  Provided, That such public transportation 
        security assistance shall be provided directly to public 
        transportation agencies.
            (4) $110,000,000 for Port Security Grants in accordance 
        with section 70107 of title 46, United States Code.
            (5) $740,000,000, to remain available until September 30, 
        2023, of which $370,000,000 shall be for Assistance to 
        Firefighter Grants and $370,000,000 shall be for Staffing for 
        Adequate Fire and Emergency Response Grants under sections 33 
        and 34 respectively of the Federal Fire Prevention and Control 
        Act of 1974 (15 U.S.C. 2229 and 2229a).
            (6) $365,000,000 for emergency management performance 
        grants under the National Flood Insurance Act of 1968 (42 
        U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief 
        and Emergency Assistance Act (42 U.S.C. 5121), the Earthquake 
        Hazards Reduction Act of 1977 (42 U.S.C. 7701), section 762 of 
        title 6, United States Code, and Reorganization Plan No. 3 of 
        1978 (5 U.S.C. App.).
            (7) $275,500,000 for necessary expenses for Flood Hazard 
        Mapping and Risk Analysis, in addition to and to supplement any 
        other sums appropriated under the National Flood Insurance 
        Fund, and such additional sums as may be provided by States or 
        other political subdivisions for cost-shared mapping activities 
        under section 1360(f)(2) of the National Flood Insurance Act of 
        1968 (42 U.S.C. 4101(f)(2)), to remain available until 
        expended.
            (8) $12,000,000 for Regional Catastrophic Preparedness 
        Grants.
            (9) $12,000,000 for Rehabilitation of High Hazard Potential 
        Dams under section 8A of the National Dam Safety Program Act 
        (33 U.S.C. 467f-2).
            (10) $140,000,000 for the emergency food and shelter 
        program under title III of the McKinney-Vento Homeless 
        Assistance Act (42 U.S.C. 11331), to remain available until 
        expended:  Provided, That not to exceed 3.5 percent shall be 
        for total administrative costs.
            (11) $151,916,686 for community project funding grants, 
        which shall be for the purposes, and the amounts, specified in 
        the table entitled ``Community Project Funding'' under this 
        heading in the report accompanying this Act, of which--
                    (A) $150,000 is for a nonprofit security grant 
                under sections 2003 and 2004 of the Homeland Security 
                Act of 2002 (6 U.S.C. 604 and 605);
                    (B) $21,435,403 is for emergency operations center 
                grants under section 614 of the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act (42 U.S.C. 
                6196c);
                    (C) $127,867,283 is for pre-disaster mitigation 
                grants under section 203 of the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act (42 U.S.C. 
                5133(e), notwithstanding subsections (f), (g), and (l) 
                of that section (42 U.S.C. 5133(f), (g), (l)); and
                    (D) $2,464,000 shall be transferred to ``Federal 
                Emergency Management Agency--Operations and Support'', 
                to manage and administer community project funding 
                grants.
            (12) $293,600,000 to sustain current operations for 
        training, exercises, technical assistance, and other programs.

                          disaster relief fund

    For necessary expenses in carrying out the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
$18,799,000,000, to remain available until expended, shall be for major 
disasters declared pursuant to the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and is designated 
by the Congress as being for disaster relief pursuant to section 1(g) 
of H. Res. 467 of the 117th Congress as engrossed in the House of 
Representatives on June 14, 2021: Provided, That of the amount provided 
under this heading, up to $120,000,000 may be transferred to the 
Disaster Assistance Direct Loan Program Account for the cost of direct 
loans as authorized under section 417 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5184), 
including loan cancellations provided for in this title, of which up to 
$3,000,000 is for administrative expenses.

                     national flood insurance fund

    For activities under the National Flood Insurance Act of 1968 (42 
U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42 
U.S.C. 4001 et seq.), the Biggert-Waters Flood Insurance Reform Act of 
2012 (Public Law 112-141, 126 Stat. 916), and the Homeowner Flood 
Insurance Affordability Act of 2014 (Public Law 113-89; 128 Stat. 
1020), $214,706,000, to remain available until September 30, 2023, 
which shall be derived from offsetting amounts collected under section 
1308(d) of the National Flood Insurance Act of 1968 (42 U.S.C. 
4015(d)); of which $15,706,000 shall be available for mission support 
associated with flood management; and of which $199,000,000 shall be 
available for flood plain management and flood mapping:  Provided, That 
any additional fees collected pursuant to section 1308(d) of the 
National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)) shall be 
credited as offsetting collections to this account, to be available for 
flood plain management and flood mapping:  Provided further, That in 
the fiscal year funded by this Act, no funds shall be available from 
the National Flood Insurance Fund under section 1310 of the National 
Flood Insurance Act of 1968 (42 U.S.C. 4017) in excess of--
            (1) $197,393,000 for operating expenses and salaries and 
        expenses associated with flood insurance operations;
            (2) $876,743,000 for commissions and taxes of agents;
            (3) such sums as are necessary for interest on Treasury 
        borrowings; and
            (4) $175,000,000, which shall remain available until 
        expended, for flood mitigation actions and for flood mitigation 
        assistance under section 1366 of the National Flood Insurance 
        Act of 1968 (42 U.S.C. 4104c), notwithstanding sections 1366(e) 
        and 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017):
  Provided further, That the amounts collected under section 102 of the 
Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) and section 
1366(e) of the National Flood Insurance Act of 1968 (42 U.S.C. 
4104c(e)), shall be deposited in the National Flood Insurance Fund to 
supplement other amounts specified as available for section 1366 of the 
National Flood Insurance Act of 1968, notwithstanding section 
102(f)(8), section 1366(e) of the National Flood Insurance Act of 1968, 
and paragraphs (1) through (3) of section 1367(b) of such Act (42 
U.S.C. 4012a(f)(8), 4104c(e), 4104d(b)(1)-(3)):  Provided further, That 
total administrative costs shall not exceed 4 percent of the total 
appropriation:  Provided further, That up to $5,000,000 is available to 
carry out section 24 of the Homeowner Flood Insurance Affordability Act 
of 2014 (42 U.S.C. 4033).

                       Administrative Provisions

                     (including transfer of funds)

    Sec. 301. (a) Funds made available under the heading 
``Cybersecurity and Infrastructure Security Agency--Operations and 
Support'' may be made available for the necessary expenses of carrying 
out the competition specified in section 2(e) of Executive Order No. 
13870 (May 2, 2019), including the provision of monetary and non-
monetary awards for Federal civilian employees and members of the 
uniformed services, the necessary expenses for the honorary recognition 
of any award recipients, and activities to encourage participation in 
the competition, including promotional items.
    (b) Any awards made pursuant to this section shall be of the same 
type and amount as those authorized under sections 4501 through 4505 of 
title 5, United States Code.
    Sec. 302. (a) The Under Secretary for Management shall submit, 
concurrent with the budget of the President that is submitted to 
Congress pursuant to section 1105(a) of title 31, United States Code, a 
report on the unfunded priorities for the Cybersecurity and 
Infrastructure Security Agency.
    (b) The report under this section shall specify, for each such 
unfunded priority--
            (1) a summary description, including the objectives to be 
        achieved if such priority is funded (whether in whole or in 
        part);
            (2) the description, including the objectives to be 
        achieved if such priority is funded (whether in whole or in 
        part);
            (3) account information, including the following (as 
        applicable):
                    (A) appropriation account; and
                    (B) program, project, or activity name; and
            (4) the additional number of full-time or part-time 
        positions to be funded as part of such priority.
    (c) In this section, the term ``unfunded priority'', in the case of 
a fiscal year, means a requirement that--
            (1) is not funded in the budget referred to in subsection 
        (a);
            (2) is necessary to fulfill a requirement associated with 
        an operational or contingency plan for the Department; and
            (3) would have been recommended for funding through the 
        budget referred to in subsection (a) if--
                    (A) additional resources had been available for the 
                budget to fund the requirement;
                    (B) the requirement has emerged since the budget 
                was formulated; or
                    (C) the requirement is necessary to sustain prior-
                year investments.
    Sec. 303.  The Cybersecurity and Infrastructure Security Agency 
shall provide to the Committees on Appropriations of the Senate and the 
House of Representatives monthly reports to be submitted not later than 
the tenth business day following the end of each month, on the status 
of funds made available under the heading ``Cybersecurity and 
Infrastructure Security Agency--Cyber Response and Recovery Fund'', 
including an accounting of the most recent funding allocation 
estimates, obligations, expenditures, and unobligated funds, delineated 
by significant cyber incident as defined in Presidential Policy 
Directive 41.
    Sec. 304. (a) Notwithstanding any other provision of law, the 
Director of the Cybersecurity and Infrastructure Security Agency shall 
provide to the Committees on Appropriations of the Senate and the House 
of Representatives a plan, including a classified annex as necessary, 
to be submitted not later than 120 days after the date of enactment of 
this Act and to be updated annually thereafter and submitted concurrent 
with the budget of the President that is submitted to Congress pursuant 
to section 1105(a) of title 31, United States Code, detailing 
documented, capability-specific federal civilian executive branch 
department and agency cybersecurity investment requirements delineated 
by each such department and agency.
    (b) The plan under this section shall specify for each such 
requirement--
            (1) a description, including--
                    (A) the capabilities intended to be delivered;
                    (B) the security gains such capabilities will 
                yield; and
                    (C) the nexus of such capabilities to 
                cybersecurity;
            (2) funding status as of the date of the report including 
        any unobligated balances from any prior year appropriation;
            (3) if such requirement is funded--
                    (A) a deployment schedule, or lifecycle management 
                plan, as appropriate; and
                    (B) the funding source, by account;
            (4) whether such requirement is proposed to be funded in 
        the budget referred to in subsection (a) and if so, the funding 
        source; and
            (5) the relative priority within each agency for any 
        requirement for which funds are not currently available.
    (c) The plan required by this section shall not include investment 
requirements for any department or agency for which the Cybersecurity 
and Infrastructure Security Agency has not obligated nor has a plan to 
obligate funding to further such department's or agency's cybersecurity 
capabilities.
    Sec. 305.  Notwithstanding section 2008(a)(12) of the Homeland 
Security Act of 2002 (6 U.S.C. 609(a)(12)) or any other provision of 
law, not more than 5 percent of the amount of a grant made available in 
paragraphs (1) through (4) under ``Federal Emergency Management 
Agency--Federal Assistance'', may be used by the grantee for expenses 
directly related to administration of the grant.
    Sec. 306.  Applications for grants under the heading ``Federal 
Emergency Management Agency--Federal Assistance'', for paragraphs (1) 
through (4), shall be made available to eligible applicants not later 
than 60 days after the date of enactment of this Act, eligible 
applicants shall submit applications not later than 80 days after the 
grant announcement, and the Administrator of the Federal Emergency 
Management Agency shall act within 65 days after the receipt of an 
application.
    Sec. 307.  Under the heading ``Federal Emergency Management 
Agency--Federal Assistance'', for grants under paragraphs (1) through 
(4), (8), and (9), the Administrator of the Federal Emergency 
Management Agency shall brief the Committees on Appropriations of the 
Senate and the House of Representatives 5 full business days in advance 
of announcing publicly the intention of making an award.
    Sec. 308.  Under the heading ``Federal Emergency Management 
Agency--Federal Assistance'', for grants under paragraphs (1) and (2), 
the installation of communications towers is not considered 
construction of a building or other physical facility.
    Sec. 309.  The reporting requirements in paragraphs (1) and (2) 
under the heading ``Federal Emergency Management Agency--Disaster 
Relief Fund'' in the Department of Homeland Security Appropriations 
Act, 2015 (Public Law 114-4) shall be applied in the fiscal year funded 
by this Act with respect to the fiscal year after the fiscal year 
funded by this Act and the fiscal year funded by this Act, respectively 
--
            (1) in paragraph (1) by substituting ``the fiscal year 
        after the fiscal year funded by this Act'' for ``the budget 
        year'' and for ``fiscal year 2016''; and
            (2) in paragraph (2) by inserting ``business'' after 
        ``fifth''.
    Sec. 310.  In making grants under the heading ``Federal Emergency 
Management Agency--Federal Assistance'', for Staffing for Adequate Fire 
and Emergency Response grants, the Administrator of the Federal 
Emergency Management Agency may grant waivers from the requirements in 
subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1), (c)(2), and (c)(4) 
of section 34 of the Federal Fire Prevention and Control Act of 1974 
(15 U.S.C. 2229a).
    Sec. 311. (a) Of the amount made available by section 4005 of the 
American Rescue Plan Act of 2021 (Public Law 117-2)--
            (1) up to $500,000,000, in addition to any amounts set 
        aside pursuant to section 203(i) of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 
        5133(i)), shall be available for the Building Resilient 
        Infrastructure and Communities grant program to mitigate the 
        effects of climate change; and
            (2) $14,000,000 shall be transferred to the Department of 
        Homeland Security Office of Inspector General for oversight of 
        the obligation of funds made available under such section 4005.
    (b) Of the unobligated balances in ``Department of Homeland 
Security--Federal Emergency Management Agency--Disaster Relief Fund'' 
that were not previously specified in statute as being available for 
major disasters declared pursuant to the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and were 
previously designated as an emergency requirement pursuant to the 
Balanced Budget and Emergency Deficit Control Act of 1985 or a 
concurrent resolution on the budget, $500,000,000 shall be available 
only for costs associated with major disasters declared pursuant to 
such Act.
    (c) Each amount repurposed pursuant to subsection (b) that was 
previously designated by the Congress as an emergency requirement 
pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985 or a concurrent resolution on the budget is designated by the 
Congress as an emergency requirement pursuant to section 1(f) of H. 
Res. 467 as engrossed in the House of Representatives on June 14, 2021.
    Sec. 312. (a) The aggregate charges assessed during the fiscal year 
funded by this Act, as authorized in title III of the Departments of 
Veterans Affairs and Housing and Urban Development, and Independent 
Agencies Appropriations Act, 1999 (42 U.S.C. 5196e), shall not be less 
than 100 percent of the amounts anticipated by the Department of 
Homeland Security to be necessary for its Radiological Emergency 
Preparedness Program for the fiscal year after the fiscal year funded 
by this Act.
    (b) The methodology for assessment and collection of such fees 
shall be fair and equitable and shall reflect costs of providing such 
services, including administrative costs of collecting such fees.
    (c) Such fees shall be deposited in a Radiological Emergency 
Preparedness Program account as offsetting collections and will become 
available for authorized purposes on the first day of the fiscal year 
after the fiscal year funded by this Act, and remain available until 
expended.
    Sec. 313.  In making grants under the heading ``Federal Emergency 
Management Agency--Federal Assistance'', for Assistance to Firefighter 
Grants, the Administrator of the Federal Emergency Management Agency 
may waive subsection (k) of section 33 of the Federal Fire Prevention 
and Control Act of 1974 (15 U.S.C. 2229).
    Sec. 314. (a) Notwithstanding sections 403(b), 403(c)(4), 404(a), 
406(b), 407(d), 408(g)(2), 428(e)(2)(B), and 503(a) of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
et seq.), for any emergency or major disaster declared by the President 
under such Act with a declaration occurring or an incident period 
beginning between January 1, 2020, and December 31, 2020, the Federal 
share of assistance, including direct Federal assistance, provided 
under such sections shall be not less than 90 percent of the eligible 
cost of such assistance.
    (b) Each amount repurposed pursuant to this section that was 
previously designated by the Congress as an emergency requirement or as 
being for disaster relief pursuant to the Balanced Budget and Emergency 
Deficit Control Act of 1985 or a concurrent resolution on the budget is 
designated by the Congress as an emergency requirement pursuant to 
section 1(f), or as being for disaster relief pursuant to section 1(g), 
respectively, of H. Res. 467 as engrossed in the House of 
Representatives on June 14, 2021.
    (c) Subsection (a) shall apply with respect to fiscal year 2022 and 
each fiscal year thereafter.
    Sec. 315.  Repayments of the remaining balances of all loans, as of 
June 30, 2021, by the Federal Emergency Management Agency under section 
417 the Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5184) are hereby canceled.

                                TITLE IV

             RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES

               U.S. Citizenship and Immigration Services

                         operations and support

    For necessary expenses of U.S. Citizenship and Immigration Services 
for operations and support, including for the E-Verify Program, 
application processing, the reduction of backlogs within asylum, field, 
and service center offices, and support of the refugee program; 
$459,504,000, of which $87,619,000 shall remain available until 
September 30, 2023:  Provided, That such amounts shall be in addition 
to any other amounts made available for such purposes, and shall not be 
construed to require any reduction of any fee described in section 
286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)):  
Provided further, That not to exceed $10,000 shall be for official 
reception and representation expenses.

                           federal assistance

    For necessary expenses of U.S. Citizenship and Immigration Services 
for Federal assistance for the Citizenship and Integration Grant 
Program, $15,000,000.

                Federal Law Enforcement Training Centers

                         operations and support

    For necessary expenses of the Federal Law Enforcement Training 
Centers for operations and support, including the purchase of not to 
exceed 117 vehicles for police-type use and hire of passenger motor 
vehicles, and services as authorized by section 3109 of title 5, United 
States Code, $322,436,000, of which $61,618,000 shall remain available 
until September 30, 2023:  Provided, That not to exceed $7,180 shall be 
for official reception and representation expenses.

              procurement, construction, and improvements

    For necessary expenses of the Federal Law Enforcement Training 
Centers for procurement, construction, and improvements, $33,200,000, 
to remain available until September 30, 2026, for acquisition of 
necessary additional real property and facilities, construction and 
ongoing maintenance, facility improvements and related expenses of the 
Federal Law Enforcement Training Centers.

                   Science and Technology Directorate

                         operations and support

    For necessary expenses of the Science and Technology Directorate 
for operations and support, including the purchase or lease of not to 
exceed 5 vehicles, $310,590,000, of which $180,112,000 shall remain 
available until September 30, 2023:  Provided, That not to exceed 
$10,000 shall be for official reception and representation expenses.

              procurement, construction, and improvements

    For necessary expenses of the Science and Technology Directorate 
for procurement, construction, and improvements, $8,859,000, to remain 
available until September 30, 2026.

                        research and development

    For necessary expenses of the Science and Technology Directorate 
for research and development, $510,954,000, to remain available until 
September 30, 2024.

             Countering Weapons of Mass Destruction Office

                         operations and support

    For necessary expenses of the Countering Weapons of Mass 
Destruction Office for operations and support, $162,200,000, of which 
$35,606,000 shall remain available until September 30, 2023:  Provided, 
That not to exceed $2,250 shall be for official reception and 
representation expenses.

              procurement, construction, and improvements

    For necessary expenses of the Countering Weapons of Mass 
Destruction Office for procurement, construction, and improvements, 
$76,604,000, to remain available until September 30, 2024.

                        research and development

    For necessary expenses of the Countering Weapons of Mass 
Destruction Office for research and development, $65,709,000, to remain 
available until September 30, 2024.

                           federal assistance

    For necessary expenses of the Countering Weapons of Mass 
Destruction Office for Federal assistance through grants, contracts, 
cooperative agreements, and other activities, $132,948,000, to remain 
available until September 30, 2024.

                       Administrative Provisions

    Sec. 401. (a) Notwithstanding any other provision of law, funds 
otherwise made available to U.S. Citizenship and Immigration Services 
may be used to acquire, operate, equip, and dispose of up to 5 
vehicles, for replacement only, for areas where the Administrator of 
General Services does not provide vehicles for lease.
    (b) The Director of U.S. Citizenship and Immigration Services may 
authorize employees who are assigned to those areas to use such 
vehicles to travel between the employees' residences and places of 
employment.
    Sec. 402.  None of the funds appropriated by this Act may be used 
to process or approve a competition under Office of Management and 
Budget Circular A-76 for services provided by employees (including 
employees serving on a temporary or term basis) of U.S. Citizenship and 
Immigration Services of the Department of Homeland Security who are 
known as Immigration Information Officers, Immigration Service 
Analysts, Contact Representatives, Investigative Assistants, or 
Immigration Services Officers.
    Sec. 403.  The terms and conditions of section 403 of the 
Department of Homeland Security Appropriations Act, 2020 (division D of 
Public Law 116-93) shall apply to this Act.
    Sec. 404.  Notwithstanding the seventh proviso under the heading 
``Immigration and Naturalization Service--Salaries and Expenses'' in 
Public Law 105-119 (relating to FD-258 fingerprint cards), or any other 
provision of law, any Federal funds made available to U.S. Citizenship 
and Immigration Services may be used for the collection and use of 
biometrics taken at a U.S. Citizenship and Immigration Services 
Application Support Center that is overseen virtually by U.S. 
Citizenship and Immigration Services personnel using appropriate 
technology.
    Sec. 405.  The Director of the Federal Law Enforcement Training 
Centers is authorized to distribute funds to Federal law enforcement 
agencies for expenses incurred participating in training accreditation.
    Sec. 406.  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. 407. (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) Such transfers may include funds from the Immigration 
Examinations Fee Account described in section 286(m) of the Immigration 
and Nationality Act (8 U.S.C. 1356(m)) that the Director of U.S. 
Citizenship and Immigration Services determines are necessary to 
support U.S. Citizenship and Immigration Services training programs.
    (c) The Federal Law Enforcement Training Centers shall maintain 
administrative control and ownership upon completion of such 
facilities.
    Sec. 408.  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. 409. (a) Notwithstanding any other provision of law, beginning 
in fiscal year 2022, the worldwide level of family-sponsored immigrants 
under subsection (c) of section 201 of the Immigration and Nationality 
Act (8 U.S.C. 1151) and the worldwide level of employment-based 
immigrants under subsection (d) of such section shall each be increased 
by the number computed under subsection (b) of this section with 
respect to each of such worldwide levels.
    (b) For each of the worldwide levels described in subsection (a) of 
this section, the number computed under this subsection is the 
difference (if any) between the sum of the worldwide levels established 
under the applicable subsection of section 201 of the Immigration and 
Nationality Act (8 U.S.C. 1151) for fiscal years 2020 and 2021 and the 
number of visas that were issued and used as the basis for an 
application for admission into the United States as an immigrant 
described in the applicable subsection during such fiscal years.
    (c) The Secretary of State, in consultation with the Secretary of 
Homeland Security, shall allocate the visas made available as a result 
of the computation under subsection (b) on a proportional basis 
consistent with subsections (a) and (b) of section 203 of the 
Immigration and Nationality Act (8 U.S.C. 1153(a) and (b)), and in 
accordance with subsection (e)(1) of such section (8 U.S.C. 
1153(e)(1)).
    (d) Each visa made available as a result of the computation made 
under subsection (b) of this section shall remain available for use in 
fiscal year 2022 or any subsequent fiscal year, until the Secretary of 
State, in consultation with the Secretary of Homeland Security, 
determines that such visa has been issued and used as the basis for an 
application for admission into the United States.
    (e) For fiscal year 2021 and 2022, the number computed under 
subsection (c)(3)(C) of section 201 of the Immigration and Nationality 
Act (8 U.S.C. 1151), and the number computed under subsection (d)(2)(C) 
of such section, are deemed to equal zero.
    (f) Notwithstanding section 204(a)(1)(I)(ii)(II) of the Immigration 
and Nationality Act (8 U.S.C. 1154(a)(1)(I)(ii)(II)), and subject to 
subsection (i) of this section, an immigrant visa for those selected in 
accordance with section 203(e)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1153(e)(2)) in fiscal year 2020 or 2021 shall remain 
available to such alien if, because of restrictions or limitations on 
visa processing, visa issuance, travel, or other effects associated 
with the COVID-19 public health emergency--
            (1) the alien was unable to receive a visa interview 
        despite submitting an Online Immigrant Visa and Alien 
        Registration Application (Form DS-260) to the Secretary of 
        State; or
            (2) the alien was unable to seek admission or was denied 
        admission to the United States despite being approved for a 
        visa under section 203(c) of the Immigration and Nationality 
        Act (8 U.S.C. 1153(c)).
    (g) Not later than 90 days after the date of the enactment of this 
section, the Secretary of State shall--
            (1) provide written notice consistent with subsection (h) 
        to each alien described in subsection (f) (and such alien's 
        representative, if applicable) of their continuing eligibility 
        to apply for a visa under section 203(c) of the Immigration and 
        Nationality Act (8 U.S.C. 1153(c)); and
            (2) publish on the Department of State website, information 
        and procedures implementing this section.
    (h) The notice described in subsection (g)(1) shall include 
procedures for the alien to inform the Secretary of State of the 
alien's intent to proceed with or abandon the application, and shall 
include an advisal that such application shall be deemed abandoned if 
the alien fails to notify the Secretary of the alien's intent to 
proceed within one year after the date on which the notice was issued.
    (i) An alien described in subsection (f) shall remain eligible to 
receive a visa described in such subsection until the earliest of the 
date that--
            (1) the alien--
                    (A) notifies the Secretary of State of the alien's 
                intent to abandon the application; or
                    (B) fails to respond to the notice described in 
                subsection (g)(1); or
            (2) the Secretary of State makes a final determination of 
        the alien's ineligibility for such visa under section 
        203(c)(2), 204(a)(1)(I)(iii), or 212(a) of the Immigration and 
        Nationality Act (8 U.S.C. 1153(c)(2), 1154(a)(1)(I)(iii), or 
        1182(a)).
    (j) A determination of whether an alien is the child of a visa 
recipient described in subsection (f), pursuant section 203(d) of the 
Immigration and Nationality Act (8 U.S.C. 1153(d)) shall be made using 
the age of the child when the applicant was initially selected for a 
visa in accordance with section 203(e)(2) of such Act.
    Sec. 410. (a) Notwithstanding section 204(a)(1)(I)(ii)(II) of the 
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(I)(ii)(II)), and 
subject to subsection (d) of this section, an immigrant visa for those 
selected in accordance with section 203(e)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1153(e)(2)) in any of fiscal years 2017, 
2018, 2019, 2020, or 2021 shall remain available to such alien if the 
alien was refused a visa, prevented from seeking admission, or denied 
admission to the United States solely because of--
                    (1) Executive Order 13769 (82 Fed. Reg. 8977; 
                relating to ``Protecting the Nation from Foreign 
                Terrorist Entry into The United States'');
                    (2) Executive Order 13780 (82 Fed. Reg. 13209; 
                relating ``Protecting the Nation from Foreign Terrorist 
                Entry into the United States'');
                    (3) Proclamation 9645 (82 Fed. Reg. 45161; relating 
                to ``Enhancing Vetting Capabilities and Processes for 
                Detecting Attempted Entry into the United States by 
                Terrorists or Other Public-Safety Threats''); or
                    (4) Proclamation 9983 (85 Fed. Reg. 6699; relating 
                to ``Improving Enhanced Vetting Capabilities and 
                Processes for Detecting Attempted Entry into the United 
                States by Terrorists or Other Public-Safety Threats'').
    (b) Not later than 90 days after the date of the enactment of this 
section, the Secretary of State shall--
    (1) provide written notice, consistent with subsection (c), to each 
alien described in subsection (a) (and such alien's representative, if 
applicable) of the alien's continuing eligibility to apply for a visa 
under section 203(c) of the Immigration and Nationality Act (8 U.S.C. 
1153(c)); and
    (2) publish on the Department of State website, information and 
procedures implementing this section.
    (c) The notice described in subsection (b)(1) shall include 
procedures for the alien to inform the Secretary of State of the 
alien's intent to proceed with or abandon the application, and shall 
include an advisal that such application shall be deemed abandoned if 
the alien fails to notify the Secretary of the alien's intent to 
proceed within one year after the date on which the notice was issued.
    (d) An alien described in subsection (a) shall remain eligible to 
receive a visa described in such subsection until the earliest of the 
date that--
    (1) the alien--
            (A) notifies the Secretary of the alien's intent to abandon 
        the application; or
            (B) fails to respond to the notice described in subsection 
        (b)(1); or
    (2) the Secretary of State makes a final determination of the 
alien's ineligibility for such visa under section 203(c)(2), 
204(a)(1)(I)(iii), or 212(a) of the Immigration and Nationality Act (8 
U.S.C. 1153(c)(2), 1154(a)(1)(I)(iii), or 1182(a)).
    (e) A determination of whether an alien is the child of a visa 
recipient described in subsection (a), pursuant to section 203(d) of 
the Immigration and Nationality Act (8 U.S.C. 1153(d)) shall be made 
using the age of the child when applicant was initially selected for a 
visa in accordance with section 203(e)(2) of such Act.
    Sec. 411.  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 the determination that the needs 
of American businesses cannot be satisfied in fiscal year 2022 with 
United States workers who are willing, qualified, and able to perform 
temporary nonagricultural labor, shall 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.
    Sec. 412.  In fiscal year 2022, nonimmigrants shall be admitted to 
the United States under section 101(a)(15)(H)(ii)(a) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) to perform 
agricultural labor or services, without regard to whether such labor 
is, or services are, of a temporary or seasonal nature.

                                TITLE V

                           GENERAL PROVISIONS

             (including transfers and rescissions of funds)

    Sec. 501.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the fiscal year funded by this 
Act unless expressly so provided herein.
    Sec. 502.  Subject to the requirements of section 503 of this Act, 
the unexpended balances of prior appropriations provided for activities 
in this Act may be transferred to appropriation accounts for such 
activities established pursuant to this Act, may be merged with funds 
in the applicable established accounts, and thereafter may be accounted 
for as one fund for the same time period as originally enacted.
    Sec. 503. (a) None of the funds provided by this Act, or provided 
for the fiscal year funded by this Act from any accounts in the 
Treasury of the United States derived from the collection of fees 
available to the components funded by this Act, shall be available 
for--
            (1) any obligation that--
                    (A) creates or eliminates a program, project, or 
                activity; or
                    (B) contracts out any function presently performed 
                by Federal employees or any new function proposed to be 
                performed by Federal employees in the President's 
                budget, submitted pursuant to section 1105(a) of title 
                31, United States Code, and accompanying justification 
                materials for the fiscal year funded by this Act; or
            (2) a reprogramming of funds that--
                    (A) augments funding for any program, project, or 
                activity in excess of $5,000,000 or 10 percent, 
                whichever is less; or
                    (B) reduces funding for any program, project, or 
                activity, or numbers of personnel, by 10 percent or 
                more.
    (b) Subsection (a) shall not apply if the Committees on 
Appropriations of the Senate and the House of Representatives are 
notified at least 15 days in advance of such obligation or 
reprogramming, respectively.
    (c) Up to 5 percent of any appropriation made available to the 
Department of Homeland Security by this Act may be transferred between 
appropriations to address unforeseeable, exigent requirements or 
circumstances if the Committees on Appropriations of the Senate and the 
House of Representatives are notified at least 30 days in advance of 
such transfer, except that--
            (1) no such appropriation shall be augmented by more than 
        10 percent by such transfer unless otherwise specifically 
        provided in this Act; and
            (2) no funding may be transferred from an appropriation 
        that is designated by the Congress as being for--
                    (A) an emergency requirement pursuant to a 
                concurrent resolution on the budget; or
                    (B) disaster relief pursuant to a concurrent 
                resolution on the budget.
    (d) Notwithstanding subsections (b) and (c), no funds shall be 
obligated for any purpose described in subsection (a) and no funds 
shall be transferred between appropriations based upon an initial 
notification provided after June 30, except--
            (1) as otherwise provided in this Act; or
            (2) when the Secretary provides a written justification and 
        certifies in writing to the Committees on Appropriations of the 
        Senate and the House of Representatives that such action is 
        necessary due to extraordinary circumstances that imminently 
        threaten the safety of human life or the protection of 
        property.
    (e) An appropriation made available to the Department of Homeland 
Security by this Act may not be used for a purpose proposed in the 
President's budget, submitted pursuant to section 1105(a) of title 31, 
United States Code, and accompanying justification materials for the 
fiscal year funded by this Act if the explanatory statement 
accompanying this Act explicitly directs that such appropriation is not 
available for such purpose.
    (f) The notification procedure set forth in subsection (b) shall 
apply to the obligation of--
            (1) Procurement, Construction, and Improvements funding in 
        this Act for any purpose that was not--
                    (A) proposed in the President's budget proposal, 
                submitted pursuant to section 1105(a) of title 31, 
                United States Code, and accompanying justification 
                materials for the fiscal year funded by this Act; or
                    (B) explicitly described in this Act or the 
                explanatory statement accompanying this Act; and
            (2) Operations and Support funding to establish or 
        eliminate any office or other functional unit affecting more 
        than 10 full-time personnel equivalents.
    (g) The notification thresholds and procedures set forth in 
subsections (b), (c), (d), and (f) shall apply to any use of de-
obligated funds provided in previous Department of Homeland Security 
Appropriations Acts that remain available for obligation.
    (h) For purposes of this section--
            (1) The term ``program, project, or activity'' means each 
        item--
                    (A) listed under an appropriation account or fee 
                funded program account for which an amount is specified 
                in the detailed funding table located at the end of the 
                explanatory statement accompanying this Act; or
                    (B) for which the explanatory statement 
                accompanying this Act specifies a funding amount, 
                except for amounts identified in a funding table other 
                than that described in subparagraph (A);
            (2) The term ``reprogramming of funds'' means a reduction 
        to or augmentation of a funding amount specified in the 
        explanatory statement accompanying this Act for a program, 
        project, or activity; and
            (3) The term ``unforeseeable, exigent requirements or 
        circumstances'' means those requirements or circumstances--
                    (A) about which the Department of Homeland Security 
                became aware after the date of enactment of this Act; 
                and
                    (B) for which an inability to obligate transferred 
                funds would result in a significant increase in costs 
                to the Federal government in subsequent fiscal years or 
                seriously compromise needed departmental capabilities, 
                as determined by the Secretary and certified in the 
                notification required under subsection (c).
    (i) Unless otherwise provided in this Act, funding designated in 
the explanatory statement accompanying this Act as being for a 
``program, project, or activity'' is not available for the purposes of 
any other such ``program, project, or activity''.
    Sec. 504. (a) Section 504 of the Department of Homeland Security 
Appropriations Act, 2017 (division F of Public Law 115-31), related to 
the operations of a working capital fund, shall apply with respect to 
funds made available in this Act in the same manner as such section 
applied to funds made available in that Act.
    (b) Funds from such working capital fund may be obligated and 
expended in anticipation of reimbursements from components of the 
Department of Homeland Security.
    Sec. 505. (a) Except as otherwise specifically provided by law, not 
more than 75 percent of the unobligated balances of amounts provided in 
this Act for ``Operations and Support'' that remain available at the 
end of the fiscal year funded by this Act, as recorded in the financial 
records at the time of a notification described in subsection (b) but 
not later than June 30 of the fiscal year after the fiscal year funded 
by this Act, shall remain available, of which--
            (1) not more than 67 percent shall remain available, in the 
        account and for the purposes for which the appropriations were 
        provided, through September 30 of the fiscal year after the 
        fiscal year funded by this Act; and
            (2) not more than 33 percent shall be transferred to and 
        merged with the Department of Homeland Security ``Information 
        Technology Modernization Fund'', as authorized by section 
        1077(b)(1) of title X of division A of the National Defense 
        Authorization Act for Fiscal Year 2018 (Public Law 115-91), and 
        shall remain available through the end of the third fiscal year 
        after the fiscal year in which the transfer is made.
    (b) The Secretary of Homeland Security shall submit a notification 
to the Committees on Appropriations of the Senate and the House of 
Representatives at least 15 days in advance of the obligation or 
transfer of balances described in subsections (a)(1) or (2), 
respectively.
    Sec. 506. (a) Funds made available by this Act for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during the fiscal year funded by this Act until the enactment of 
an Act authorizing intelligence activities for such fiscal year.
    (b) Amounts described in subsection (a) made available for 
``Intelligence, Analysis, and Operations Coordination--Operations and 
Support'' that exceed the amounts in such authorization for such 
account shall be transferred to ``Management Directorate--Operations 
and Support''.
    Sec. 507. (a) The Secretary of Homeland Security, or the designee 
of the Secretary, shall notify the Committees on Appropriations of the 
Senate and the House of Representatives at least 3 full business days 
in advance of--
            (1) making or awarding a grant allocation or grant in 
        excess of $1,000,000;
            (2) making or awarding a contract, other transaction 
        agreement, or task or delivery order on a Department of 
        Homeland Security multiple award contract, or to issue a letter 
        of intent totaling in excess of $4,000,000;
            (3) awarding a task or delivery order requiring an 
        obligation of funds in an amount greater than $10,000,000 from 
        multi-year Department of Homeland Security funds;
            (4) making a sole-source grant award; or
            (5) announcing publicly the intention to make or award 
        items under paragraph (1), (2), (3), or (4), including a 
        contract covered by the Federal Acquisition Regulation.
    (b) If the Secretary of Homeland Security determines that 
compliance with this section would pose a substantial risk to human 
life, health, or safety, an award may be made without notification, and 
the Secretary shall notify the Committees on Appropriations of the 
Senate and the House of Representatives not later than 5 full business 
days after such an award is made or letter issued.
    (c) A notification under this section--
            (1) may not involve funds that are not available for 
        obligation; and
            (2) shall include the amount of the award; the fiscal year 
        for which the funds for the award were appropriated; the type 
        of contract; and the account from which the funds are being 
        drawn.
    Sec. 508.  Notwithstanding any other provision of law, no agency 
shall purchase, construct, or lease any additional facilities, except 
within or contiguous to existing locations, to be used for the purpose 
of conducting Federal law enforcement training without advance 
notification to the Committees on Appropriations of the Senate and the 
House of Representatives, except that the Federal Law Enforcement 
Training Centers is authorized to obtain the temporary use of 
additional facilities by lease, contract, or other agreement for 
training that cannot be accommodated in existing Centers' facilities.
    Sec. 509.  None of the funds appropriated or otherwise made 
available by this Act may be used for expenses for any construction, 
repair, alteration, or acquisition project for which a prospectus 
otherwise required under chapter 33 of title 40, United States Code, 
has not been approved, except that necessary funds may be expended for 
each project for required expenses for the development of a proposed 
prospectus.
    Sec. 510.  Sections 520, 522, and 530 of the Department of Homeland 
Security Appropriations Act, 2008 (division E of Public Law 110-161; 
121 Stat. 2073 and 2074) shall apply with respect to funds made 
available in this Act in the same manner as such sections applied to 
funds made available in that Act.
    Sec. 511. (a) None of the funds made available in this Act may be 
used in contravention of the applicable provisions of the Buy American 
Act.
    (b) For purposes of subsection (a), the term ``Buy American Act'' 
means chapter 83 of title 41, United States Code.
    Sec. 512.  None of the funds made available in this Act may be used 
to amend the oath of allegiance required by section 337 of the 
Immigration and Nationality Act (8 U.S.C. 1448).
    Sec. 513. (a) None of the funds provided or otherwise made 
available in this Act shall be available to carry out section 872 of 
the Homeland Security Act of 2002 (6 U.S.C. 452) unless explicitly 
authorized by the Congress.
    (b) Subsection (a) shall not apply to--
            (1) the use of such section 872 to establish an office 
        within the Office of the Secretary that shall, for departmental 
        workforce health, safety, and medical functions and 
        activities--
                    (A) develop departmental policies;
                    (B) establish standards;
                    (C) provide technical assistance;
                    (D) conduct oversight; and
                    (E) serve as the primary liaison and coordinator; 
                and
            (2) the reallocation to an office established under 
        paragraph (1) of--
                    (A) the position and responsibilities of the Chief 
                Medical Officer and related personnel from the 
                Countering Weapons of Mass Destruction Office;
                    (B) the personnel, functions, and responsibilities 
                related to departmental workforce health and medical 
                activities from the Under Secretary for Management as 
                authorized in section 710 of the Homeland Security Act, 
                and related safety activities; and
                    (C) the responsibility of carrying out the program 
                authorized by section 528 of the Homeland Security Act 
                and related personnel.
    (c) The Secretary of Homeland Security may transfer funds made 
available in this Act under the headings ``Management Directorate'' and 
``Countering Weapons of Mass Destruction Office'' consistent with the 
establishment of the office and the reallocations of functions, 
positions, and responsibilities described in subsection (b).
    (d) The Secretary shall submit a notification to the Committees on 
Appropriations of the Senate and the House of Representatives, the 
Committee on Homeland Security of the House of Representatives, and the 
Homeland Security and Governmental Affairs Committee of the Senate at 
least 15 days prior to the establishment of the office described in 
subsection (b).
    (e) The functions of the office described in subsection (b) shall 
not include chemical, biological, radiological, and nuclear programs of 
the Countering Weapons of Mass Destruction Office and the transfer of 
funds described in subsection (c) shall not include funding 
appropriated for such programs.
    Sec. 514.  None of the funds made available in this Act may be used 
for planning, testing, piloting, or developing a national 
identification card.
    Sec. 515.  Any official that is required by this Act to report or 
to certify to the Committees on Appropriations of the Senate and the 
House of Representatives may not delegate such authority to perform 
that act unless specifically authorized herein.
    Sec. 516.  None of the funds made available in this Act may be used 
for first-class travel by the employees of agencies funded by this Act 
in contravention of sections 301-10.122 through 301-10.124 of title 41, 
Code of Federal Regulations.
    Sec. 517.  Notwithstanding any other provision of this Act, none of 
the funds appropriated or otherwise made available by this Act may be 
used to pay award or incentive fees for contractor performance that has 
been judged to be below satisfactory performance or performance that 
does not meet the basic requirements of a contract.
    Sec. 518.  None of the funds appropriated or otherwise made 
available by this Act may be used by the Department of Homeland 
Security to enter into any Federal contract unless such contract is 
entered into in accordance with the requirements of subtitle I of title 
41, United States Code, or chapter 137 of title 10, United States Code, 
and the Federal Acquisition Regulation, unless such contract is 
otherwise authorized by statute to be entered into without regard to 
the above referenced statutes.
    Sec. 519. (a) None of the funds made available in this Act may be 
used to maintain or establish a computer network unless such network 
blocks the viewing, downloading, and exchanging of pornography.
    (b) Nothing in subsection (a) shall limit the use of funds 
necessary for any Federal, State, tribal, or local law enforcement 
agency or any other entity carrying out criminal investigations, 
prosecution, or adjudication activities.
    Sec. 520.  None of the funds made available in this Act may be used 
by a Federal law enforcement officer to facilitate the transfer of an 
operable firearm to an individual if the Federal law enforcement 
officer knows or suspects that the individual is an agent of a drug 
cartel unless law enforcement personnel of the United States 
continuously monitor or control the firearm at all times.
    Sec. 521. (a) None of the funds made available in this Act may be 
used to pay for the travel to or attendance of more than 50 employees 
of a single component of the Department of Homeland Security, who are 
stationed in the United States, at a single international conference 
unless the Secretary of Homeland Security, or a designee, determines 
that such attendance is in the national interest and notifies the 
Committees on Appropriations of the Senate and the House of 
Representatives within at least 10 days of that determination and the 
basis for that determination.
    (b) For purposes of this section the term ``international 
conference'' shall mean a conference occurring outside of the United 
States attended by representatives of the United States Government and 
of foreign governments, international organizations, or nongovernmental 
organizations.
    (c) The total cost to the Department of Homeland Security of any 
such conference shall not exceed $500,000.
    (d) Employees who attend a conference virtually without travel away 
from their permanent duty station shall not be counted for purposes of 
this section, and the prohibition contained in this section shall not 
apply to payments for the costs of attendance for such employees.
    Sec. 522.  None of the funds made available in this Act may be used 
to reimburse any Federal department or agency for its participation in 
a National Special Security Event.
    Sec. 523. (a) None of the funds made available to the Department of 
Homeland Security by this or any other Act may be obligated for any 
structural pay reform that affects more than 100 full-time positions or 
costs more than $5,000,000 in a single year before the end of the 30-
day period beginning on the date on which the Secretary of Homeland 
Security submits to Congress a notification that includes--
            (1) the number of full-time positions affected by such 
        change;
            (2) funding required for such change for the fiscal year 
        funded by this Act and through the Future Years Homeland 
        Security Program;
            (3) justification for such change; and
            (4) an analysis of compensation alternatives to such change 
        that were considered by the Department.
    (b) Subsection (a) shall not apply to such change if--
            (1) it was proposed in the President's budget proposal for 
        the fiscal year funded by this Act; and
            (2) funds for such change have not been explicitly denied 
        or restricted in this Act or in the explanatory statement 
        accompanying this Act.
    Sec. 524. (a) Any agency receiving funds made available in this Act 
shall, subject to subsections (b) and (c), post on the public website 
of that agency any report required to be submitted by the Committees on 
Appropriations of the Senate and the House of Representatives in this 
Act, upon the determination by the head of the agency that it shall 
serve the national interest.
    (b) Subsection (a) shall not apply to a report if--
            (1) the public posting of the report compromises homeland 
        or national security; or
            (2) the report contains proprietary information.
    (c) The head of the agency posting such report shall do so only 
after such report has been made available to the Committees on 
Appropriations of the Senate and the House of Representatives for not 
less than 45 days except as otherwise specified in law.
    Sec. 525. (a) Funding provided in this Act for ``Operations and 
Support'' may be used for minor procurement, construction, and 
improvements.
    (b) For purposes of subsection (a), ``minor'' refers to end items 
with a unit cost of $250,000 or less for personal property, and 
$2,000,000 or less for real property.
    Sec. 526.  The authority provided by section 532 of the Department 
of Homeland Security Appropriations Act, 2018 (Public Law 115-141) 
regarding primary and secondary schooling of dependents shall continue 
in effect during the fiscal year funded by this Act.
    Sec. 527. (a) Section 831 of the Homeland Security Act of 2002 (6 
U.S.C. 391) shall be applied--
            (1) In subsection (a), by substituting ``September 30, 
        2022,'' for ``September 30, 2017,''; and
            (2) In subsection (c)(1), by substituting ``September 30, 
        2022,'' for ``September 30, 2017''.
    (b) The Secretary of Homeland Security, under the authority of 
section 831 of the Homeland Security Act of 2002 (6 U.S.C. 391(a)), may 
carry out prototype projects under section 2371b of title 10, United 
States Code, and the Secretary shall perform the functions of the 
Secretary of Defense as prescribed.
    (c) The Secretary of Homeland Security under section 831 of the 
Homeland Security Act of 2002 (6 U.S.C. 391(d)) may use the definition 
of nontraditional government contractor as defined in section 2371b(e) 
of title 10, United States Code.
    Sec. 528. (a) None of the funds appropriated or otherwise made 
available to the Department of Homeland Security by this Act may be 
used to prevent any of the following persons from entering, for the 
purpose of conducting oversight, any facility operated by or for the 
Department of Homeland Security used to detain or otherwise house 
aliens, or to make any temporary modification at any such facility that 
in any way alters what is observed by a visiting member of Congress or 
such designated employee, compared to what would be observed in the 
absence of such modification:
            (1) a Member of Congress; or
            (2) an employee of the United States House of 
        Representatives or the United States Senate designated by such 
        a Member for the purposes of this section.
    (b) Nothing in this section may be construed to require a Member of 
Congress to provide prior notice of the intent to enter a facility 
described in subsection (a) for the purpose of conducting oversight.
    (c) With respect to individuals described in subsection (a)(2), the 
Department of Homeland Security may require that a request be made at 
least 24 hours in advance of an intent to enter a facility described in 
subsection (a).
    Sec. 529. (a) Except as provided in subsection (b), none of the 
funds made available in this Act may be used to place restraints on a 
woman in the custody of the Department of Homeland Security (including 
during transport, in a detention facility, or at an outside medical 
facility) who is pregnant or in post-delivery recuperation.
    (b) Subsection (a) shall not apply with respect to a pregnant woman 
if--
            (1) an appropriate official of the Department of Homeland 
        Security makes an individualized determination that the woman--
                    (A) is a serious flight risk, and such risk cannot 
                be prevented by other means; or
                    (B) poses an immediate and serious threat to harm 
                herself or others that cannot be prevented by other 
                means; or
            (2) a medical professional responsible for the care of the 
        pregnant woman determines that the use of therapeutic 
        restraints is appropriate for the medical safety of the woman.
    (c) If a pregnant woman is restrained pursuant to subsection (b), 
only the safest and least restrictive restraints, as determined by the 
appropriate medical professional treating the woman, may be used. In no 
case may restraints be used on a woman who is in active labor or 
delivery, and in no case may a pregnant woman be restrained in a face-
down position with four-point restraints, on her back, or in a 
restraint belt that constricts the area of the pregnancy. A pregnant 
woman who is immobilized by restraints shall be positioned, to the 
maximum extent feasible, on her left side.
    Sec. 530. (a) None of the funds made available by this Act may be 
used to destroy any document, recording, or other record pertaining to 
any--
            (1) death of,
            (2) potential sexual assault or abuse perpetrated against, 
        or
            (3) allegation of abuse, criminal activity, or disruption 
        committed by
an individual held in the custody of the Department of Homeland 
Security.
    (b) The records referred to in subsection (a) shall be made 
available, in accordance with applicable laws and regulations, and 
Federal rules governing disclosure in litigation, to an individual who 
has been charged with a crime, been placed into segregation, or 
otherwise punished as a result of an allegation described in paragraph 
(3), upon the request of such individual.
    Sec. 531.  Section 519 of division F of Public Law 114-113, 
regarding a prohibition on funding for any position designated as a 
Principal Federal Official, shall apply with respect to any Federal 
funds in the same manner as such section applied to funds made 
available in that Act.
    Sec. 532. (a) Not later than 30 days after the date of enactment of 
this Act and updated semi-monthly during this fiscal year and 
thereafter, the Secretary shall make available a report on a publicly 
accessible website in a downloadable, searchable, and sortable format 
that includes not less than the previous 12 months of data, as of the 
last date of each such reporting period, on all requests to any law 
enforcement component of the Department of Homeland Security for law 
enforcement support in the form of personnel, aircraft, equipment, or 
any other assets, which shall include each of the following for each 
requesting entity:
            (1) The name of the entity.
            (2) The purposes for which support is requested.
            (3) The numbers of personnel and the categories and numbers 
        of assets requested.
            (4) The duration of the requested support.
            (5) Whether the requested support was provided.
            (6) The departmental official who approved providing such 
        support.
            (7) The dates and descriptions of any support provided.
            (8) The cost of providing such support.
            (9) Whether the support is subject to reimbursement by the 
        requesting entity.
    (b) The reporting requirements in subsection (a) shall apply to 
requests from--
            (1) Non-Federal law enforcement entities; and
            (2) Federal law enforcement entities, including other such 
        entities of the Department of Homeland Security.
    (c) No Federal funds may be obligated for such support to a non-
Federal entity related to a mass gathering or protest event unless 
approved in advance by the Secretary of Homeland Security or the 
Secretary's designee.
    (d) The Secretary shall notify the Committees on Appropriations of 
the Senate and the House of Representatives not more than 24 hours 
after the approval of the support described in subsection (c).
    Sec. 533.  No Federal funds may be used by the Department of 
Homeland Security to deny any benefit, application for admission, or 
protection available to an individual under the Immigration and 
Nationality Act (8 U.S.C. 1101 et. seq.) on the sole basis of any 
event, conduct, finding, admission, history of addiction or abuse, 
arrest, juvenile adjudication, or conviction related to cannabis 
possession, consumption, or use.
    Sec. 534. (a) For an additional amount for ``U.S. Customs and 
Border Protection--Procurement, Construction, and Improvements'', 
$655,000,000, to remain available until expended for construction and 
modernization of land port of entry facilities.
    (b) Not later than 180 days after the completion of the 
construction or modernization of facilities funded in this section, the 
Administrator of the U.S. General Services Administration shall 
transfer ownership of such facilities to the Commissioner of U.S. 
Customs and Border Protection.
    (c)   Section 503(c)  of this Act shall not apply to the additional 
amount made available in this section.

                         (rescissions of funds)

    Sec. 535.  Of the funds appropriated to the Department of Homeland 
Security, the following funds are hereby rescinded from the following 
accounts and programs in the specified amounts:  Provided, That no 
amounts may be rescinded from amounts that were designated by the 
Congress as an emergency requirement pursuant to a concurrent 
resolution on the budget or the Balanced Budget and Emergency Deficit 
Control Act of 1985 (Public Law 99-177):
            (1) $21,650 from the unobligated balances available in the 
        ``Office of the Executive Secretary--Operations and Support'' 
        account (70 X 0100).
            (2) $1,810 from the unobligated balances available in the 
        ``Office of the Undersecretary for Management'' account (70 X 
        0112).
            (3) $12,628,523 from the unobligated balances available in 
        the ``Management Directorate--Office of the Chief Information 
        Officer and Operations'' account (70 X 0113).
            (4) $8,456 from the unobligated balances available in 
        Treasury Account Fund Symbol 70 X 0504, ``Immigration and 
        Customs Enforcement, Border and Transportation Security, INS''.
            (5) $503 from the unobligated balances available in 
        Treasury Account Fund Symbol 70 X 8598, ``U.S. Immigration and 
        Customs Enforcement, Violent Crime Reduction Program''.
            (6) $7,006 from the unobligated balances available in 
        Treasury Account Fund Symbol 70 X 0508, ``Transportation 
        Security Administration, Expenses''.
            (7) $11,412 from the unobligated balances available in the 
        ``Transportation Security Administration--Federal Air 
        Marshals'' account (70 X 0541).
            (8) $311 from the unobligated balances available in the 
        ``Transportation Security Administration--Surface 
        Transportation Security'' account (70 X 0551).
            (9) $5,308,328 from the unobligated balances available in 
        the ``Transportation Security Administration--Intelligence and 
        Vetting'' account (70 X 0557).
            (10) $1.41 from the unobligated balances available in the 
        ``Transportation Security Administration--Research and 
        Development'' account (70 X 0553).
            (11) $322,105 from the unobligated balances available in 
        the ``Transportation Security Administration--Transportation 
        Security Support'' account (70 X 0554).
            (12) $457,920 from the unobligated balances available in 
        Treasury Account Fund Symbol 70 X 0900, ``Cybersecurity and 
        Infrastructure Security Agency, Operating Expenses''.
            (13) $199,690 from the unobligated balances available in 
        the ``Federal Emergency Management Agency--State and Local 
        Programs'' account (70 X 0560).
            (14) $1,670 from the unobligated balances available in the 
        ``Federal Emergency Management Agency--Administrative and 
        Regional Operations, Emergency Preparedness and Response'' 
        account (70 X 0712).
            (15) $115,138 from the unobligated balances available in 
        the ``Federal Emergency Management Agency--Operations and 
        Support'' account (70 X 0700).
            (16) $1,243,822 from the unobligated balances available in 
        Treasury Account Fund Symbol 70 X 0300, ``U.S. Citizenship and 
        Immigration Services, Operations and Support''.
            (17) $350,656 from the unobligated balances available in 
        the ``Countering Weapons of Mass Destruction Office--Research 
        and Development'' account (70 X 0860).
            (18) $3,000,000 from the unobligated balances available in 
        the ``Federal Emergency Management Agency--National Predisaster 
        Mitigation Fund'' account (70 X 0716).
            (19) $65,000,000 from Public Law 116-93 under the heading 
        ``Coast Guard--Procurement, Construction, and Improvements''.
            (20) $24,339,000 from the unobligated balances available in 
        the ``U.S. Customs and Border Protection--Border Security 
        Fencing, Infrastructure, and Technology'' account (70 X 0533).
            (21) $10,000,000 from Public Law 116-260 under the heading 
        ``U.S. Customs and Border Protection--Procurement, 
        Construction, and Improvements''.
            (22) $6,161,000 from the unobligated balances available in 
        the ``U.S. Customs and Border Protection--Procurement, 
        Construction, and Improvements'' account (70 X 0532).
            (23) $4,500,000 from Public Law 115-141 under the heading 
        ``U.S. Customs and Border Protection--Construction and Facility 
        Improvements''.
            (24) $6,999 from the unobligated balances available in the 
        ``U.S. Customs and Border Protection--Operations and Support'' 
        account (70 X 0530).
            (25) $2,168,776,000 from the unobligated prior year 
        balances from ``U.S. Customs and Border Protection--
        Procurement, Construction, and Improvements''.
            (26) $21,000,000 from Public Law 115-141 under the heading 
        ``Coast Guard--Acquisition, Construction, and Improvements''.
            (27) $8,000,000 from the unobligated balances available in 
        the ``Management Directorate--Office of Biometric Identity 
        Management'' account (70 X 0521).
     This Act may be cited as the ``Department of Homeland Security 
Appropriations Act, 2022''.
                                                  Union Calendar No. 62

117th CONGRESS

  1st Session

                               H. R. 4431

                          [Report No. 117-87]

_______________________________________________________________________

                                 A BILL

 Making appropriations for the Department of Homeland Security for the 
     fiscal year ending September 30, 2022, and for other purposes.

_______________________________________________________________________

                             July 15, 2021

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed