[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3058 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 3058

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 25, 2021

  Mr. Murphy introduced the following bill; which was read twice and 
              referred to the Committee on Appropriations

_______________________________________________________________________

                                 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, $221,555,000; of which 
$20,304,000 shall be for the Office of the Ombudsman for Immigration 
Detention, of which $5,000,000 shall remain available until September 
30, 2023:  Provided, That not to exceed $30,000 shall be for official 
reception and representation expenses.

                           federal assistance

                     (including transfers 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, $20,000,000, which shall 
be transferred to the Federal Emergency Management Agency for targeted 
violence and terrorism prevention grants, to remain available until 
September 30, 2023.

                         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, $1,658,553,000, of which $80,500,000 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, $346,371,000, of which 
$137,116,000 shall remain available until September 30, 2024, and of 
which $209,255,000 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 $112,121,000 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 October 15, 2022, to the Inspector General of the 
Department of Homeland Security listing all grants and contracts 
awarded by any means other than full and open competition during fiscal 
years 2021 or 2022.
    (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, 2023.
    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.

                                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 
children; 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; $13,605,535,000; 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; 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 $50,000,000 may be 
transferred to the Department of the Interior for mitigation 
activities, including land acquisition, related to construction of 
border barriers on Federal lands:  Provided further, That the 
Commissioner shall submit a notification to the Committees on 
Appropriations of the Senate and the House of Representatives prior to 
the obligation or transfer of the amounts described in the preceding 
proviso.

              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, $717,398,000, of 
which $318,973,000 shall remain available until September 30, 2024, and 
of which $398,425,000 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; $7,882,019,000; 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 
not less than $3,925,114,000 shall be for enforcement, detention, and 
removal operations, including transportation of unaccompanied children: 
 Provided, That not to exceed $11,475 shall be for official reception 
and representation expenses:  Provided further, That not to exceed 
$10,000,000 shall be available until expended for conducting special 
operations under section 3131 of the Customs Enforcement Act of 1986 
(19 U.S.C. 2081):  Provided further, That not to exceed $2,000,000 
shall be for awards of compensation to informants, to be accounted for 
solely under the certificate of the Secretary of Homeland Security:  
Provided further, That not to exceed $11,216,000 shall be available to 
fund or reimburse other Federal agencies for the costs associated with 
the care, maintenance, and repatriation of smuggled noncitizens 
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.

                 Transportation Security Administration

                         operations and support

    For necessary expenses of the Transportation Security 
Administration for operations and support, $8,094,787,000, 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 fiscal 
year 2022 so as to result in a final fiscal year appropriation from the 
general fund estimated at not more than $5,984,787,000.

              procurement, construction, and improvements

    For necessary expenses of the Transportation Security 
Administration for procurement, construction, and improvements, 
$134,492,000, 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; $9,066,020,000, 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 $27,456,000 shall remain available until September 30, 2026, for 
environmental compliance and restoration; and of which $100,000,000 
shall remain available until September 30, 2023, 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, $1,711,600,000, 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)).

                        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; 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; 
$2,520,528,000; of which $51,621,000 shall remain available until 
September 30, 2023, and of which $6,000,000 shall be for a grant for 
activities related to investigations of missing and exploited children; 
and of which up to $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 last amended by Public Law 116-269:  
Provided, That not to exceed $19,125 shall be for official reception 
and representation expenses:  Provided further, That not to exceed 
$100,000 shall be to provide technical assistance and equipment to 
foreign law enforcement organizations in criminal investigations within 
the jurisdiction of the United States Secret Service.

              procurement, construction, and improvements

    For necessary expenses of the United States Secret Service for 
procurement, construction, and improvements, $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

    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.  For an additional amount for ``U.S. Customs and Border 
Protection--Operations and Support'', $31,000,000, to remain available 
until expended, to be reduced by amounts collected and credited to this 
appropriation in fiscal year 2022 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:  Provided, That 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.  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:  Provided, That 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.  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:  Provided, That no such 
amounts provided in this Act 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.  Funds made available in this Act may be used to alter 
operations within the National Targeting Center of U.S. Customs and 
Border Protection:  Provided, That none of the funds provided by this 
Act, provided by previous appropriations Acts that remain available for 
obligation or expenditure in fiscal year 2022, or provided from any 
accounts in the Treasury of the United States derived by the collection 
of fees available to the components funded by this Act, may be used to 
reduce anticipated or planned vetting operations at existing locations 
unless specifically authorized by a statute enacted after the date of 
enactment of this Act.
    Sec. 211.  None of the funds provided under the heading ``U.S. 
Immigration and Customs Enforcement--Operations and Support'' may be 
used to continue a delegation of law enforcement authority authorized 
under section 287(g) of the Immigration and Nationality Act (8 U.S.C. 
1357(g)) if the Department of Homeland Security Inspector General 
determines that the terms of the agreement governing the delegation of 
authority have been materially violated.
    Sec. 212. (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. 213.  The reports required to be submitted under section 218 
of the Department of Homeland Security Appropriations Act, 2020 
(division D of Public Law 116-93) shall continue to be submitted with 
respect to the period beginning 15 days after the date of the enactment 
of this Act and semimonthly thereafter, and each matter required to be 
included in such report by such section 218 shall apply in the same 
manner and to the same extent during the period described in this 
section, except that for purposes of reports submitted with respect to 
such period described, the following additional requirements shall be 
treated as being included as subparagraphs (H) through (J) of paragraph 
(1) of such section 218--
            (1) the average lengths of stay, including average post-
        determination length of stay in the case of detainees described 
        in subparagraph (F), for individuals who remain in detention as 
        of the last date of each such reporting period;
            (2) the number who have been in detention, disaggregated by 
        the number of detainees described in subparagraph (F), for each 
        of the following--
                    (A) over 2 years;
                    (B) from over 1 year to 2 years;
                    (C) from over 6 months to 1 year; and
                    (D) for less than 6 months; and
            (3) the number of individuals described in section 115.5 of 
        title 28, Code of Federal Regulations, including the use and 
        duration of solitary confinement for such person.
    Sec. 214.  The terms and conditions of sections 216 and 217 of the 
Department of Homeland Security Appropriations Act, 2020 (division D of 
Public Law 116-93) shall apply to this Act.
    Sec. 215.  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. 216.  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. 217.  Notwithstanding section 44923 of title 49, United States 
Code, for fiscal year 2022, 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. 218.  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. 219. (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. 220.  Without regard to the limitation as to time and 
condition of section 503(d) of this Act, after June 30, up to 
$10,000,000 may be reprogrammed to or from the Military Personnel 
funding category within ``Coast Guard--Operations and Support'' in 
accordance with subsection (a) of section 503 of this Act.
    Sec. 221.  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. 222.  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 terror may be reallocated by 
program, project, and activity, notwithstanding section 503 of this 
Act.
    Sec. 223.  None of the funds in this Act shall be used to reduce 
the Coast Guard's legacy Operations Systems Center mission or its 
government-employed or contract staff levels.
    Sec. 224.  None of the funds appropriated by this Act may be used 
to conduct, or to implement the results of, a competition under Office 
of Management and Budget Circular A-76 for activities performed with 
respect to the Coast Guard National Vessel Documentation Center.
    Sec. 225.  Funds made available in this Act may be used to alter 
operations within the Civil Engineering Program of the Coast Guard 
nationwide, including civil engineering units, facilities design and 
construction centers, maintenance and logistics commands, and the Coast 
Guard Academy, except that none of the funds provided in this Act may 
be used to reduce operations within any civil engineering unit unless 
specifically authorized by a statute enacted after the date of 
enactment of this Act.
    Sec. 226.  Amounts deposited into the Coast Guard Housing Fund in 
fiscal year 2022 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. 227.  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. 228.  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:  Provided, That the Director 
of the United States Secret Service may enter into agreements to 
provide such protection on a fully reimbursable basis.
    Sec. 229.  For purposes of section 503(a)(3) of this Act, up to 
$15,000,000 may be reprogrammed within ``United States Secret Service--
Operations and Support''.
    Sec. 230.  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. 231. (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, expulsions, custodial detention, removals, or referrals, 
processing, or issuance of charging documents, using Homeland Security 
Investigations personnel, resources, or capabilities, absent probable 
cause that the individual facing such enforcement action has been 
convicted of a criminal offense, excluding state, local, or Federal 
offenses for which an essential element was the noncitizen's 
immigration status.
    (b) For the purposes of this section, criminal offenses for which 
an essential element was the noncitizen's immigration status includes, 
but is not limited to, offenses identified in sections 264, 266(a) or 
(b), 275, or 276 of the Immigration and Nationality Act and state and 
local offenses for which an essential element was the noncitizen's 
immigration status.
    Sec. 232. (a) Amounts made available to U.S. Immigration and 
Customs Enforcement by transfer pursuant to the Coronavirus Aid, 
Relief, and Economic Security Act (Public Law 116-136), that remain 
available for obligation in the fiscal year funded by this Act may be 
used--
            (1) for the reunification of children separated from a 
        parent or legal guardian at the United States-Mexico border 
        between January 20, 2017, and January 20, 2021, for the 
        assistance that the Secretary determines necessary to 
        accomplish reunification of separated families; and
            (2) 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)):  Provided, 
        That such testing and shelter shall be provided immediately 
        after such persons leave Department of Homeland Security 
        custody:  Provided further, That 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.
    (b) 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 is designated 
by the Congress as being for an emergency requirement pursuant to 
section 4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th 
Congress), the concurrent resolution on the budget for fiscal year 
2022, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.
    Sec. 233.  For an additional amount for ``Coast Guard--Procurement, 
Construction, and Improvements'', $50,000,000, to remain available 
until expended, which shall be distributed as a grant to the National 
Coast Guard Museum Association (as defined in section 316(i)(2) of 
title 14, United States Code) to carry out activities under section 
316(d) of such title of such Act, notwithstanding subsections (b)(1) 
and (h) of such section 316.
    Sec. 234. (a) Not later than 180 days after the date of enactment 
of this section, U.S. Immigration and Customs Enforcement shall develop 
a risk classification instrument for individuals subject to section 
236(c) of the Immigration and Nationality Act (8 U.S.C. 1226(c)), 
following the procedures outlined in this section, that includes an 
individualized evidence-based recommendation as to the least 
restrictive condition, or combination of conditions, reasonably 
necessary to mitigate subsection (b)(1).
    (b) The instrument described in subsection (a) shall, at a 
minimum--
            (1) consider whether the individual is a flight risk, a 
        danger to public safety, or a national security threat;
            (2) properly considers mitigating factors for any 
        identified risks under subsection (b)(1), such as, whether the 
        individual resides in the United States, has immigration 
        status, has a pending application for relief in immigration 
        court, is employed, has minor children, has strong community 
        ties, family support, identifies as a member of a special 
        population, including persons who identify as transgender, has 
        a disability or chronic illness, or is a survivor of torture or 
        trafficking; and
            (3) be developed in consultation with the Officer for Civil 
        Rights and Civil Liberties and the Immigration Detention 
        Ombudsman.
    (c) Independent Verification and Validation.--Prior to the full 
implementation of the instrument described in subsections (a) and (b), 
the instrument shall undergo an Independent Verification and Validation 
to ensure that the instrument produces an individualized determination 
grounded in evidence-based decision-making, except that, as a part of 
the Independent Verification and Validation process, the agency may use 
the instrument to determine the validity of the instrument. The 
Validation process shall also ensure that appropriate training, as 
described in subsection (d), is developed for full implementation.
    (d) Training.--
            (1) Not later than 60 days after the instrument is 
        developed as described in subsections (a) through (c), the 
        Director shall--
                    (A) develop procedures for, and ensure execution 
                of, training for all employees on such instrument, 
                including comprehensive training to fully execute 
                instrument overrides;
                    (B) consider whether decision-makers require an 
                understanding of the concepts of predictive validity in 
                detention decision-making, comparative use of risk 
                assessment instruments in the criminal justice system, 
                evidence-based decision-making, risk management, 
                trauma-informed care, including the psychological 
                consequences of detention, implicit bias, and 
                recidivism in the civil context principles; in order to 
                fully and accurately execute the instrument;
                    (C) ensure that such training is required for all 
                such employees responsible for making detention 
                decisions prior to their use; and
                    (D) identify and ensure annual training at the 
                Director's discretion.
            (2) The Director shall provide the Committee the results of 
        such training, including copies of training materials, within 
        30 days of developing such training.
    (e) Required Use.--Following approval, review, and appropriate 
training described in subsections (a) through (d), U.S. Immigration and 
Customs Enforcement shall use the instrument to make individualized 
evidence-based decisions as to the least restrictive condition or 
combination of conditions, reasonably necessary to mitigate subsection 
(b)(1), and shall follow the instrument's recommendation, except in the 
case of subsection (g), notwithstanding section 236(c) of the 
Immigration and Nationality Act (8 U.S.C. 1226(c)).
    (f) Process and Timing Requirements.--
            (1) The instrument may be used at any time, including upon 
        intake, but not later than 21 days after such individual is 
        taken into detention.
            (2) In cases where continued detention is recommended by 
        the instrument, a detention review shall occur not less than 60 
        days from the time of initial determination, or earlier in 
        cases of changed circumstances.
            (3) In cases where an individual employee overrides the 
        recommendation of such instrument resulting in continued 
        detention, such override shall be reviewed by a supervisor not 
        less than 10 days after such override occurs.
    (g) Documentation.--Determinations based on the results of the 
instrument described in subsections (a) and (f), at a minimum, shall be 
thoroughly documented in the agency's system of record, including any 
such instrument override decisions which result in continued detention, 
which shall also meet the procedures described in subsection (h).
    (h) Instrument Overrides.--The Director shall ensure that--
            (1) the only available instrument overrides are derived 
        from the verification and validation process described in 
        subsection (c);
            (2) overrides that result in continued detention are 
        reviewed as described in subsection (f)(3);
            (3) overrides that result in continued detention are not 
        used regularly and occur in unusual circumstances;
            (4) override rates that result in continued detention are 
        documented and reviewed, at a minimum, in the following 
        manner--
                    (A) by Supervisors, Field Office Directors, or 
                their successors, for any decision-maker who exceed 
                overrides in 5 percent of their total instrument cases; 
                and
                    (B) for any field office whose overrides exceed 5 
                percent of their total instrument cases per field 
                office, the Director reviews the results of such field 
                office, not less than every 90 days;
            (5) any decision-maker or field office whose total override 
        rate exceeds 10 percent of total instrument cases, undergoes 
        additional training; and
            (6) the Committee receives override rates, disaggregated by 
        field office, within 180 days of full implementation of the 
        instrument and annually thereafter.
    (i) Forms.--The Director shall ensure that all forms currently in 
use by the agency, are updated to reflect the instrument described in 
subsection (a), including the Notice of Detention Determination and all 
such administrative appeal options.
    (j) Interim Procedures.--Until such time as the instrument has 
undergone the procedures outlined in subsections (a) through (c), the 
agency shall utilize the following procedures:
            (1) Not later than 30 days after the date of enactment of 
        this section, 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 a flight 
        risk, a public safety threat, or a national security threat; 
        and
            (2) 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 detention for at least 14 days, to be completed within 21 
        days of such individual being taken into detention, and make an 
        individualized, documented detention determination that shall 
        include the option to release such individual from detention, 
        notwithstanding section 236(c) of the Immigration and 
        Nationality Act (8 U.S.C. 1226(c)).
    (k) Biannual Review.--The instrument shall be reviewed not less 
than biannually by the Director, in consultation with the Officer for 
Civil Rights and Civil Liberties and the Immigration Detention 
Ombudsman, to ensure instrument recommendations and procedures are 
followed, training is sufficient, and the use and implementation of the 
instrument is aligned with best practices and evidence-based decision-
making. The results of such review shall be provided to the Committee 
within 60 days and shall identify any needs the agency may have in 
carrying out the terms of this section.
    (l) Rules of Construction.--Nothing in this section shall be 
construed to--
            (1) grant to any person any substantive due process right;
            (2) interfere with any settlement agreement;
            (3) interfere with any Federal habeas right;
            (4) require a bond if the instrument recommends release 
        from detention; and
            (5) impact any detention process or decision other than for 
        those persons subject to section 236(c) of the Immigration and 
        Nationality Act (8 U.S.C. 1226(c)).
    (m) Definitions.--For the purposes of this section:
            (1) The term ``risk classification instrument'', or 
        ``instrument'', means an independently verified and validated 
        tool that includes an individualized recommendation as to the 
        appropriate level of custody, which is actuarial in nature and 
        grounded in evidence-based decision-making.
            (2) The term ``detention'' shall mean the physical 
        detention or physical custody of such individual by U.S. 
        Immigration and Customs Enforcement, and is distinguished from 
        the legal custody or level of custody of such individual.
            (3) The term ``Director'' shall mean the Director of U.S. 
        Immigration and Customs Enforcement.
            (4) The term ``agency'' shall mean U.S. Immigration and 
        Customs Enforcement.
            (5) The term ``Committee'' means the Committees on 
        Appropriations of the Senate and the House of Representatives.
            (6) The term ``changed circumstances'' shall mean evidence, 
        facts, or information that are substantial in nature and that 
        were unknown or unanticipated when the prior decision was made, 
        which may be raised by either the person in detention or the 
        decision-maker, including, but not limited to, a determination 
        that a person was not initially subject to section 236(c) of 
        the Immigration and Nationality Act (8 U.S.C. 1226(c)), 
        evidentiary support for mitigating factors, health-related, 
        medical, or family emergencies, or other humanitarian concerns, 
        or a change in criminal charging documents.
            (7) The term ``Independent Verification and Validation'' 
        shall mean a verification and validation performed by an 
        organization that is technically, managerially, and financially 
        independent of U.S. Immigration and Customs Enforcement, which 
        shall involve a comprehensive review, analysis, and testing 
        performed by an objective third party to confirm that the 
        requirements are correctly defined, and to confirm that the 
        system correctly implements the required functionality and 
        security requirements.
            (8) The term ``level of custody'', or ``custody'', shall 
        mean a significant restraint on liberty not shared by the 
        public generally, including conditions and restrictions that 
        significantly restrain an individual's liberty, which may 
        include home confinement, alternatives to detention, but does 
        not exclusively mean physical custody or physical detention.
            (9) The term ``instrument override'' means the ability of a 
        decision-maker to change the risk level, outcome, or 
        recommendation provided by the instrument.

                               TITLE III

            PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

            Cybersecurity and Infrastructure Security Agency

                         operations and support

    For necessary expenses of the Cybersecurity and Infrastructure 
Security Agency for operations and support, $2,077,585,000, of which 
$33,293,000, 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, 
$530,562,000, to remain available until September 30, 2024.

                        research and development

    For necessary expenses of the Cybersecurity and Infrastructure 
Security Agency for research and development, $9,931,000, 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, $1,391,121,000:  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, $191,212,000, of which 
$80,002,000 shall remain available until September 30, 2024, and of 
which $111,210,000 shall remain available until September 30, 2026.

                           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, $3,496,604,000, 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 fiscal year 2022, 
        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) $100,000,000 for Public Transportation Security 
        Assistance, Railroad Security Assistance, and Over-the-Road Bus 
        Security Assistance under sections 1406, 1513, and 1532 of the 
        Implementing Recommendations of the 9/11 Commission Act of 2007 
        (6 U.S.C. 1135, 1163, and 1182), of which $10,000,000 shall be 
        for Amtrak security and $2,000,000 shall be for Over-the-Road 
        Bus Security:  Provided, That such public transportation 
        security assistance shall be provided directly to public 
        transportation agencies.
            (4) $100,000,000 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) $355,000,000 for emergency management performance 
        grants under the National Flood Insurance Act of 1968 (42 
        U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief 
        and Emergency Assistance Act (42 U.S.C. 5121), the Earthquake 
        Hazards Reduction Act of 1977 (42 U.S.C. 7701), section 762 of 
        title 6, United States Code, and Reorganization Plan No. 3 of 
        1978 (5 U.S.C. App.).
            (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) $130,000,000 for the emergency food and shelter 
        program under title III of the McKinney-Vento Homeless 
        Assistance Act (42 U.S.C. 11331), to remain available until 
        expended:  Provided, That not to exceed 3.5 percent shall be 
        for total administrative costs.
            (11) $100,000,000 for carrying out the establishment of 
        revolving loan funds under section 205 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5135).
            (12) $63,504,000 for Congressionally Directed Spending 
        grants, which shall be for the purposes, and the amounts, 
        specified in the table entitled ``Congressionally Directed 
        Spending Items'' in the explanatory statement accompanying this 
        Act, of which--
                    (A) in addition to amounts otherwise made available 
                for such purpose, $29,889,000 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);
                    (B) in addition to amounts otherwise made available 
                for such purpose, $31,615,000 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), 
                and (l)); and
                    (C) $2,000,000 shall be transferred to ``Federal 
                Emergency Management Agency--Operations and Support'', 
                to manage and administer Congressionally Directed 
                Spending grants.
            (13) $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 
4004(b)(6) and section 4005(f) of S. Con. Res. 14 (117th Congress), the 
concurrent resolution on the budget for fiscal year 2022.

                     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 
fiscal year 2022, 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 
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 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.  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. 305.  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. 306.  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. 307.  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. 308.  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 fiscal year 2022 with 
respect to budget year 2023 and current fiscal year 2022, 
respectively--
            (1) in paragraph (1) by substituting ``fiscal year 2023'' 
        for ``fiscal year 2016''; and
            (2) in paragraph (2) by inserting ``business'' after 
        ``fifth''.
    Sec. 309.  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. 310. (a) Of the amount made available by section 4005 of the 
American Rescue Plan Act of 2021 (Public Law 117-2)--
            (1) up to $1,000,000,000, 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 obligations of funds made available under such section 
        4005.
    Sec. 311. (a) The aggregate charges assessed during fiscal year 
2022 , 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 next fiscal year.
    (b) The methodology for assessment and collection of fees shall be 
fair and equitable and shall reflect costs of providing such services, 
including administrative costs of collecting such fees.
    (c) Such fees shall be deposited in a Radiological Emergency 
Preparedness Program account as offsetting collections and will become 
available for authorized purposes on October 1, 2022, and remain 
available until expended.
    Sec. 312.  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. 313. (a) Up to 1 percent of the appropriations made available 
under paragraphs (1) and (2) under the heading ``Federal Emergency 
Management Agency--Federal Assistance'' may be transferred to the 
appropriation made available under the heading ``Federal Emergency 
Management Agency--Operations and Support'' for the purpose of 
conducting independently verified and validated evaluations on the 
effectiveness of grants awarded under the State Homeland Security Grant 
Program and Urban Area Security Initiative.
    (b) Any funds transferred under this section shall be in addition 
to any other amounts otherwise made available for the same purpose.
    (c) The transfer authority provided in this section shall be in 
addition to any other transfer authority provided in this Act.

                                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 U.S. 
Citizenship and Immigration Services 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)).

                           federal assistance

    For necessary expenses of U.S. Citizenship and Immigration Services 
for Federal assistance for the Citizenship and Integration Grant 
Program, $20,000,000.

                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, $325,590,000, of which $186,624,000 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, $12,859,000, to remain 
available until September 30, 2026.

                        research and development

    For necessary expenses of the Science and Technology Directorate 
for research and development, $530,454,000, 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, $171,750,000, 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, 
$71,604,000, 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.  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:  Provided, That 
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.  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. 405.  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. 406.  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)):  Provided, That the Federal Law Enforcement 
Training Centers maintain administrative control and ownership upon 
completion of such facilities.
    Sec. 407.  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. 408.  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, funds made available to U.S. Citizenship and 
Immigration Services by this or any other Act 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. 409.  Notwithstanding section 286(n) of the Immigration and 
Nationality Act (8 U.S.C. 1356(n)), the Director of U.S. Citizenship 
and Immigration Services may use not more than $2,500 of amounts 
deposited in the Immigration Examinations Fee Account for official 
reception and representation expenses in fiscal year 2022.
    Sec. 410.  Section 401(b) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) shall be 
applied by substituting ``September 30, 2022'' for ``September 30, 
2015''.
    Sec. 411.  Subclauses 101(a)(27)(C)(ii)(II) and (III) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii)(II) and 
(III)) shall be applied by substituting ``September 30, 2022'' for 
``September 30, 2015''.
    Sec. 412.  Section 220(c) of the Immigration and Nationality 
Technical Corrections Act of 1994 (8 U.S.C. 1182 note) shall be applied 
by substituting ``September 30, 2022'' for ``September 30, 2015''.
    Sec. 413.  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, may increase the total number of 
aliens who may receive a visa under section 101(a)(15)(H)(ii)(b) of 
such Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) in such fiscal year above 
such limitation by not more than the highest number of H-2B 
nonimmigrants who participated in the H-2B returning worker program in 
any fiscal year in which returning workers were exempt from such 
numerical limitation.
    Sec. 414. (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 State 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 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 the applicant was initially selected 
for a visa in accordance with section 203(e)(2) of such Act.
    Sec. 415. (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 appliction shall be deemed abandoned if 
the alien fails to notify the Secretary of State 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 State 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. 153(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.

                                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 current fiscal year unless 
expressly so provided herein.
    Sec. 502.  Subject to the requirements of section 503 of this Act, 
the unexpended balances of prior appropriations provided for activities 
in this Act may be transferred to appropriation accounts for such 
activities established pursuant to this Act, may be merged with funds 
in the applicable established accounts, and thereafter may be accounted 
for as one fund for the same time period as originally enacted.
    Sec. 503. (a) None of the funds provided by this Act, provided by 
previous appropriations Acts to the components in or transferred to the 
Department of Homeland Security that remain available for obligation or 
expenditure in fiscal year 2022, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees 
available to the components funded by this Act, shall be available for 
obligation or expenditure through a reprogramming of funds that--
            (1) creates or eliminates a program, project, or activity, 
        or increases funds for any program, project, or activity for 
        which funds have been denied or restricted by the Congress;
            (2) contracts out any function or activity presently 
        performed by Federal employees or any new function or activity 
        proposed to be performed by Federal employees in the 
        President's budget proposal for fiscal year 2022 for the 
        Department of Homeland Security;
            (3) augments funding for existing programs, projects, or 
        activities in excess of $5,000,000 or 10 percent, whichever is 
        less;
            (4) reduces funding for any program, project, or activity, 
        or numbers of personnel, by 10 percent or more; or
            (5) results from any general savings from a reduction in 
        personnel that would result in a change in funding levels for 
        programs, projects, or activities as approved by the Congress.
    (b) Subsection (a) shall not apply if the Committees on 
Appropriations of the Senate and the House of Representatives are 
notified at least 15 days in advance of such reprogramming.
    (c) Up to 5 percent of any appropriation made available for the 
current fiscal year for the Department of Homeland Security by this Act 
or provided by previous appropriations Acts may be transferred between 
such appropriations if the Committees on Appropriations of the Senate 
and the House of Representatives are notified at least 30 days in 
advance of such transfer, but no such appropriation, except as 
otherwise specifically provided, shall be increased by more than 10 
percent by such transfer.
    (d) Notwithstanding subsections (a), (b), and (c), no funds shall 
be reprogrammed within or transferred between appropriations based upon 
an initial notification provided after June 30, except in extraordinary 
circumstances that imminently threaten the safety of human life or the 
protection of property.
    (e) The notification thresholds and procedures set forth in 
subsections (a), (b), (c), and (d) shall apply to any use of 
deobligated balances of funds provided in previous Department of 
Homeland Security Appropriations Acts that remain available for 
obligation in the current year.
    (f) Notwithstanding subsection (c), the Secretary of Homeland 
Security may transfer to the fund established by 8 U.S.C. 1101 note, up 
to $20,000,000 from appropriations available to the Department of 
Homeland Security:  Provided, That the Secretary shall notify the 
Committees on Appropriations of the Senate and the House of 
Representatives at least 5 days in advance of such transfer.
    Sec. 504.  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:  Provided, That 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.  Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the 
end of fiscal year 2022, as recorded in the financial records at the 
time of a reprogramming notification, but not later than June 30, 2023, 
from appropriations for ``Operations and Support'' for fiscal year 2022 
in this Act shall remain available through September 30, 2023, in the 
account and for the purposes for which the appropriations were 
provided:  Provided, That prior to the obligation of such funds, a 
notification shall be submitted to the Committees on Appropriations of 
the Senate and the House of Representatives in accordance with section 
503 of this Act.
    Sec. 506. (a) Funds made available by this Act for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2022 until the enactment of an Act authorizing 
intelligence activities for fiscal year 2022.
    (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 and merged with amounts made available 
under the heading ``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.  None of the funds made available in this Act may be used 
in contravention of the applicable provisions of the Buy American Act:  
Provided, That for purposes of the preceding sentence, the term ``Buy 
American Act'' means chapter 83 of title 41, United States Code.
    Sec. 512.  None of the funds made available in this Act may be used 
to amend the oath of allegiance required by section 337 of the 
Immigration and Nationality Act (8 U.S.C. 1448).
    Sec. 513.  None of the funds provided or otherwise made available 
in this Act shall be available to carry out section 872 of the Homeland 
Security Act of 2002 (6 U.S.C. 452) unless explicitly authorized by the 
Congress.
    Sec. 514.  None of the funds made available in this Act may be used 
for planning, testing, piloting, or developing a national 
identification card.
    Sec. 515.  Any official that is required by this Act to report or 
to certify to the Committees on Appropriations of the 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.  None of the funds made available in this Act may be used 
to employ workers described in section 274A(h)(3) of the Immigration 
and Nationality Act (8 U.S.C. 1324a(h)(3)).
    Sec. 518.  Notwithstanding any other provision of this Act, none of 
the funds appropriated or otherwise made available by this Act may be 
used to pay award or incentive fees for contractor performance that has 
been judged to be below satisfactory performance or performance that 
does not meet the basic requirements of a contract.
    Sec. 519.  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. 520. (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. 521.  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. 522.  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:  Provided, That 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:  Provided further, 
That the total cost to the Department of Homeland Security of any such 
conference shall not exceed $500,000:  Provided further, That employees 
who attend a conference virtually without travel away from their 
permanent duty station within the United States shall not be counted 
for purposes of this section, and the prohibition contained in this 
section shall not apply to payments for the costs of attendance for 
such employees.
    Sec. 523.  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. 524.  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 unless it has been 
explicitly justified to the Congress in budget justification materials 
and subsequently enacted by Congress, or if not so justified and 
enacted, before the end of the 30-day period beginning on the date on 
which the Secretary of Homeland Security submits to Congress a 
notification that includes--
            (1) the number of full-time positions affected by such 
        change;
            (2) funding required for such change for the current year 
        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.
    Sec. 525. (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. 526. (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. 527.  None of the funds made available by this Act may be 
obligated or expended to implement the Arms Trade Treaty until the 
Senate approves a resolution of ratification for the Treaty.
    Sec. 528.  The authority provided by section 532 of the Department 
of Homeland Security Appropriations Act, 2018 (Public Law 115-141) 
regarding primary and secondary schooling of dependents shall continue 
in effect during fiscal year 2022.
    Sec. 529. (a) For an additional amount for ``Federal Emergency 
Management Agency--Federal Assistance'', $3,000,000, to remain 
available until September 30, 2023, exclusively for providing 
reimbursement of extraordinary law enforcement or other emergency 
personnel costs for protection activities directly and demonstrably 
associated with any residence of the President that is designated or 
identified to be secured by the United States Secret Service.
    (b) Subsections (b) through (f) of section 534 of the Department of 
Homeland Security Appropriations Act, 2018 (Public Law 115-141), shall 
be applied with respect to amounts made available by subsection (a) of 
this section by substituting ``October 1, 2022'' for ``October 1, 
2018'' and ``October 1, 2021'' for ``October 1, 2017''.
    Sec. 530. (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. 531. (a) None of the funds appropriated or otherwise made 
available to the Department of Homeland Security by this Act may be 
used to prevent any of the following persons from entering, for the 
purpose of conducting oversight, any facility operated by or for the 
Department of Homeland Security used to detain or otherwise house 
aliens, or to make any temporary modification at any such facility that 
in any way alters what is observed by a visiting Member of Congress or 
such designated employee, compared to what would be observed in the 
absence of such modification:
            (1) A Member of Congress.
            (2) An employee of the United States House of 
        Representatives or the United States Senate designated by such 
        a Member for the purposes of this section.
    (b) Nothing in this section may be construed to require a Member of 
Congress to provide prior notice of the intent to enter a facility 
described in subsection (a) for the purpose of conducting oversight.
    (c) With respect to individuals described in subsection (a)(2), the 
Department of Homeland Security may require that a request be made at 
least 24 hours in advance of an intent to enter a facility described in 
subsection (a).
    Sec. 532. (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. 533. (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. 534.  Within 60 days of any budget submission for the 
Department of Homeland Security for fiscal year 2023 that assumes 
revenues or proposes a reduction from the previous year based on user 
fees proposals that have not been enacted into law prior to the 
submission of the budget, the Secretary of Homeland Security shall 
provide the Committees on Appropriations of the Senate and the House of 
Representatives specific reductions in proposed discretionary budget 
authority commensurate with the revenues assumed in such proposals in 
the event that they are not enacted prior to October 1, 2022.
    Sec. 535.  Not later than 10 days after a determination is made by 
the President to evaluate and initiate protection under any authority 
for a former or retired Government official or employee, or for an 
individual who, during the duration of the directed protection, will 
become a former or retired Government official or employee (referred to 
in this section as a ``covered individual''), the Secretary of Homeland 
Security shall submit a notification to congressional leadership and 
the Committees on Appropriations of the Senate and the House of 
Representatives, the Committees on the Judiciary of the Senate and the 
House of Representatives, the Committee on Homeland Security and 
Governmental Affairs of the Senate, the Committee on Homeland Security 
of the House of Representatives, and the Committee on Oversight and 
Reform of the House of Representatives (referred to in this section as 
the ``appropriate congressional committees''):  Provided, That the 
notification may be submitted in classified form, if necessary, and in 
consultation with the Director of National Intelligence or the Director 
of the Federal Bureau of Investigation, as appropriate, and shall 
include the threat assessment, scope of the protection, and the 
anticipated cost and duration of such protection:  Provided further, 
That not later than 15 days before extending, or 30 days before 
terminating, protection for a covered individual, the Secretary of 
Homeland Security shall submit a notification regarding the extension 
or termination and any change to the threat assessment to the 
congressional leadership and the appropriate congressional committees:  
Provided further, That not later than 45 days after the date of 
enactment of this Act, and quarterly thereafter, the Secretary shall 
submit a report to the congressional leadership and the appropriate 
congressional committees, which may be submitted in classified form, if 
necessary, detailing each covered individual, and the scope and 
associated cost of protection.
    Sec. 536.  There is hereby established in the Treasury of the 
United States a fund to be known as the ``Department of Homeland 
Security Nonrecurring Expenses Fund'' (the Fund):  Provided, That 
unobligated balances of expired discretionary funds appropriated for 
this or any succeeding fiscal year from the General Fund of the 
Treasury to the Department of Homeland Security by this or any other 
Act may be transferred (not later than the end of the fifth fiscal year 
after the last fiscal year for which such funds are available for the 
purposes for which appropriated) into the Fund:  Provided further, That 
amounts deposited in the Fund shall be available until expended, and in 
addition to such other funds as may be available for such purposes, for 
information technology system modernization and facilities 
infrastructure improvements necessary for the operation of the 
Department, subject to approval by the Office of Management and Budget: 
 Provided further, That amounts in the Fund may be obligated only after 
the Committees on Appropriations of the House of Representatives and 
the Senate are notified at least 15 days in advance of the planned use 
of funds.
    Sec. 537.  Subsection (c) of section 16005 of title VI of division 
B of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 
116-136) shall be applied as if the language read as follows: 
``Subsection (a) shall apply until September 30, 2022.''.
    Sec. 538.  There is hereby appropriated $25,000,000, for an 
additional amount for ``Department of State--Administration of Foreign 
Affairs--Diplomatic Programs'' to remain available until September 30, 
2022 and in addition to amounts otherwise made available for such 
purposes, for the Global Engagement Center to counter foreign 
propaganda and disinformation.

                          rescission of funds

    Sec. 539.  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 the 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) $1,893,663,000 from the unobligated prior year 
        balances from ``U.S. Customs and Border Protection--
        Procurement, Construction, and Improvements''.
     This Act may be cited as the ``Department of Homeland Security 
Appropriations Act, 2022''.
                                 <all>