[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4431 Reported in House (RH)]
<DOC>
Union Calendar No. 62
117th CONGRESS
1st Session
H. R. 4431
[Report No. 117-87]
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2022, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 15, 2021
Ms. Roybal-Allard, from the Committee on Appropriations, reported the
following bill; which was committed to the Committee of the Whole House
on the State of the Union and ordered to be printed
_______________________________________________________________________
A BILL
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2022, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the Department of Homeland Security for the fiscal
year ending September 30, 2022, and for other purposes, namely:
TITLE I
DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT
Office of the Secretary and Executive Management
operations and support
For necessary expenses of the Office of the Secretary and for
executive management for operations and support, $233,153,000:
Provided, That not to exceed $30,000 shall be for official reception
and representation expenses.
federal assistance
(including transfer of funds)
For necessary expenses of the Office of the Secretary and for
executive management for Federal assistance through grants, contracts,
cooperative agreements, and other activities, $35,000,000, which shall
be transferred to ``Federal Emergency Management Agency--Federal
Assistance'', of which $20,000,000 shall be for targeted violence and
terrorism prevention grants and of which $15,000,000 shall be for an
Alternatives to Detention Case Management pilot program, to remain
available until September 30, 2023: Provided, That the amounts made
available for the pilot program shall be awarded as described in the
first proviso under this heading in title I of division F of Public Law
116-260 and services shall be provided as described in the second and
third such provisos.
Management Directorate
operations and support
For necessary expenses of the Management Directorate for operations
and support, including for the purchase or lease of electric passenger
motor vehicles, $1,653,553,000, of which $77,500,000 shall remain
available until September 30, 2023: Provided, That not to exceed
$2,000 shall be for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Management Directorate for
procurement, construction, and improvements, $511,816,000, of which
$132,116,000 shall remain available until September 30, 2024; and of
which $379,700,000 shall remain available until September 30, 2026.
federal protective service
The revenues and collections of security fees credited to this
account shall be available until expended for necessary expenses
related to the protection of federally owned and leased buildings and
for the operations of the Federal Protective Service.
Intelligence, Analysis, and Operations Coordination
operations and support
For necessary expenses of the Office of Intelligence and Analysis
and the Office of Operations Coordination for operations and support,
$320,620,000, of which $82,620,000 shall remain available until
September 30, 2023: Provided, That not to exceed $3,825 shall be for
official reception and representation expenses and not to exceed
$2,000,000 is available for facility needs associated with secure space
at fusion centers, including improvements to buildings.
Office of the Inspector General
operations and support
For necessary expenses of the Office of the Inspector General for
operations and support, $205,359,000: Provided, That not to exceed
$300,000 may be used for certain confidential operational expenses,
including the payment of informants, to be expended at the direction of
the Inspector General.
Administrative Provisions
Sec. 101. (a) The Secretary of Homeland Security shall submit a
report, not later than 15 days after the date of enactment of this Act,
to the Inspector General of the Department of Homeland Security listing
all grants and contracts awarded by any means other than full and open
competition during the fiscal year funded by this Act or the prior
fiscal year.
(b) The Inspector General shall review the report required by
subsection (a) to assess departmental compliance with applicable laws
and regulations and report the results of that review to the Committees
on Appropriations of the Senate and the House of Representatives not
later than February 15 of the fiscal year after the fiscal year funded
by this Act.
Sec. 102. Not later than 30 days after the last day of each month,
the Chief Financial Officer of the Department of Homeland Security
shall submit to the Committees on Appropriations of the Senate and the
House of Representatives a monthly budget and staffing report that
includes total obligations of the Department for that month and for the
fiscal year at the appropriation and program, project, and activity
levels, by the source year of the appropriation.
Sec. 103. The Secretary of Homeland Security shall require that
all contracts of the Department of Homeland Security that provide award
fees link such fees to successful acquisition outcomes, which shall be
specified in terms of cost, schedule, and performance.
Sec. 104. (a) The Secretary of Homeland Security, in consultation
with the Secretary of the Treasury, shall notify the Committees on
Appropriations of the Senate and the House of Representatives of any
proposed transfers of funds available under section 9705(g)(4)(B) of
title 31, United States Code, from the Department of the Treasury
Forfeiture Fund to any agency within the Department of Homeland
Security.
(b) None of the funds identified for such a transfer may be
obligated until the Committees on Appropriations of the Senate and the
House of Representatives are notified of the proposed transfer.
Sec. 105. All official costs associated with the use of Government
aircraft by Department of Homeland Security personnel to support
official travel of the Secretary and the Deputy Secretary shall be paid
from amounts made available for the Office of the Secretary.
Sec. 106. (a) The Under Secretary for Management shall submit to
the Committees on Appropriations of the Senate and the House of
Representatives a quarterly acquisition progress report, which shall
include--
(1) a listing of Level 1 and Level 2 programs being tracked
on the Master Acquisition Oversight List between Acquisition
Decision Event 1 and Full Operational Capability; and
(2) a listing of Level 1 and Level 2 programs between such
decision event and such operating capability that have been
cancelled, paused, or are in breach.
(b) For each major (Level 1 and 2) acquisition program on the
Master Acquisition Oversight List that has at least one department-
approved acquisition program baseline and has not yet fully deployed
all planned capabilities, the report described in subsection (a) shall
include--
(1) a narrative describing the purpose of the program,
including the capabilities being acquired and the component(s)
sponsoring the acquisition;
(2) the total number of increments or units to be acquired,
as appropriate, including a schedule outlining the quantity of
increments or units to be procured annually until procurement
is complete, as appropriate;
(3) the Acquisition Review Board status, including the
current acquisition phase (by increment as applicable), the
date of the most recent review, and a copy of the approved
Acquisition Decision Memorandum;
(4) a comparison between the Department-approved
acquisition program baseline cost thresholds and the program's
current estimate amount, including the confidence interval for
the estimate, the fiscal years included in the estimate, and a
description of and rationale for any changes during the
quarter;
(5) a comparison between the schedule goals in the current
Department-approved acquisition program baseline, and those of
the current schedule, including a description of and rationale
for any changes during the last quarter;
(6) a description of current Department-approved
acquisition program baseline performance thresholds and an
explanation of the extent to which such goals have been
reached; and
(7) the top 5 risks associated with the program, including
narrative descriptions.
Sec. 107. (a) No Federal funds made available to the Department of
Homeland Security may be obligated for any pilot or demonstration
program that uses more than 5 full-time equivalents or costs in excess
of $1,000,000 until 30 days after the date on which the Secretary of
Homeland Secretary provides the following to the Committees on
Appropriations of the Senate and the House of Representatives for such
program:
(1) Objectives that are well-defined and measurable;
(2) An assessment methodology that details--
(A) the type and source of assessment data;
(B) the methods for and frequency of collecting
such data; and
(C) how such data will be analyzed;
(3) An implementation plan, including milestones, a cost
estimate, and schedule, including an end date; and
(4) A signed interagency agreement or memorandum of
agreement for any pilot or demonstration program involving the
participation of more than one Department of Homeland Security
component or that of an entity not part of such Department.
(b) Not later than 30 days after the date of completion of a pilot
or demonstration program described in subsection (a), the Secretary of
Homeland Security shall provide a report to the Committees on
Appropriations of the Senate and the House of Representatives detailing
lessons learned, actual costs, and any planned expansion or
continuation of the pilot or demonstration program.
(c) For the purposes of this section, a pilot or demonstration
program is a policy implementation, study, demonstration, experimental
program, or trial that is a small-scale, short-term experiment
conducted in order to evaluate feasibility, duration, costs, or adverse
events, and improve upon the design of an effort prior to
implementation of a larger scale effort.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
operations and support
(including transfer of funds)
For necessary expenses of U.S. Customs and Border Protection for
operations and support, including the transportation of unaccompanied
minors; the provision of air and marine support to Federal, State,
local, and international agencies in the enforcement or administration
of laws enforced by the Department of Homeland Security; at the
discretion of the Secretary of Homeland Security, the provision of such
support to Federal, State, and local agencies in other law enforcement
and emergency humanitarian efforts; the purchase and lease of up to
7,500 (6,500 for replacement only) police-type vehicles; the purchase,
maintenance, or operation of marine vessels, aircraft, and unmanned
aerial systems; and contracting with individuals for personal services
abroad; $13,562,809,000; of which $3,274,000 shall be derived from the
Harbor Maintenance Trust Fund for administrative expenses related to
the collection of the Harbor Maintenance Fee pursuant to section
9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 9505(c)(3))
and notwithstanding section 1511(e)(1) of the Homeland Security Act of
2002 (6 U.S.C. 551(e)(1)); of which $500,000,000 shall be available
until September 30, 2023; of which $74,340,000 shall be available until
September 30, 2024; and of which such sums as become available in the
Customs User Fee Account, except sums subject to section 13031(f)(3) of
the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c(f)(3)), shall be derived from that account: Provided, That not to
exceed $34,425 shall be for official reception and representation
expenses: Provided further, That not to exceed $150,000 shall be
available for payment for rental space in connection with preclearance
operations: Provided further, That not to exceed $2,000,000 shall be
for awards of compensation to informants, to be accounted for solely
under the certificate of the Secretary of Homeland Security: Provided
further, That not to exceed $5,000,000 may be transferred to the Bureau
of Indian Affairs for the maintenance and repair of roads on Native
American reservations used by the U.S. Border Patrol.
procurement, construction, and improvements
For necessary expenses of U.S. Customs and Border Protection for
procurement, construction, and improvements, including procurement of
marine vessels, aircraft, and unmanned aerial systems, $333,780,000, of
which $261,555,000 shall remain available until September 30, 2024; and
of which $72,225,000 shall remain available until September 30, 2026.
U.S. Immigration and Customs Enforcement
operations and support
For necessary expenses of U.S. Immigration and Customs Enforcement
for operations and support, including the purchase and lease of up to
3,790 (2,350 for replacement only) police-type vehicles; overseas
vetted units; and maintenance, minor construction, and minor leasehold
improvements at owned and leased facilities; $7,820,275,000; of which
not less than $6,000,000 shall remain available until expended for
efforts to enforce laws against forced child labor; of which
$46,696,000 shall remain available until September 30, 2023; of which
not less than $1,500,000 is for paid apprenticeships for participants
in the Human Exploitation Rescue Operative Child-Rescue Corps; of which
not less than $15,000,000 shall be available for investigation of
intellectual property rights violations, including operation of the
National Intellectual Property Rights Coordination Center; and of which
$3,787,263,000 shall be for civil immigration enforcement, detention,
transportation of unaccompanied alien minors and to effectuate the safe
return of aliens or their release to nonprofit organizations with
capacity to provide shelter and other services, and for case management
services, including but not limited to: mental health services; human
and sex trafficking screening; legal orientation programs; cultural
orientation programs; connections to social services; and for
individuals who will be removed, reintegration services: Provided,
That not to exceed $11,475 shall be for official reception and
representation expenses: Provided further, That not to exceed
$10,000,000 shall be available until expended for conducting special
operations under section 3131 of the Customs Enforcement Act of 1986
(19 U.S.C. 2081): Provided further, That not to exceed $2,000,000
shall be for awards of compensation to informants, to be accounted for
solely under the certificate of the Secretary of Homeland Security:
Provided further, That not to exceed $11,216,000 shall be available to
fund or reimburse other Federal agencies for the costs associated with
the care, maintenance, and repatriation of aliens unlawfully present in
the United States.
procurement, construction, and improvements
For necessary expenses of U.S. Immigration and Customs Enforcement
for procurement, construction, and improvements, $51,700,000, of which
$34,321,000 shall remain available until September 30, 2024, and of
which $17,379,000 shall remain available until September 30, 2026.
federal assistance
(including transfer of funds)
For necessary expenses of U.S. Immigration and Customs Enforcement
for Federal assistance through grants, contracts, cooperative
agreements, and other activities, $100,000,000, to remain available
until September 30, 2024, which shall be transferred to ``Federal
Emergency Management Agency--Federal Assistance'' and be distributed to
state, local, tribal, or territorial jurisdictions or local non-profit
organizations to provide shelter to individuals released from the
custody of the Department of Homeland Security and to provide
accommodations in support of enrollments into an Alternatives to
Detention program and related Case Management services, including
necessary infrastructure improvements and investments.
Transportation Security Administration
operations and support
For necessary expenses of the Transportation Security
Administration for operations and support, $8,072,443,000, to remain
available until September 30, 2023: Provided, That not to exceed
$7,650 shall be for official reception and representation expenses:
Provided further, That security service fees authorized under section
44940 of title 49, United States Code, shall be credited to this
appropriation as offsetting collections and shall be available only for
aviation security: Provided further, That the sum appropriated under
this heading from the general fund shall be reduced on a dollar-for-
dollar basis as such offsetting collections are received during the
current fiscal year so as to result in a final fiscal year
appropriation from the general fund estimated at not more than
$5,962,443,000.
procurement, construction, and improvements
For necessary expenses of the Transportation Security
Administration for procurement, construction, and improvements,
$156,836,000, to remain available until September 30, 2024.
research and development
For necessary expenses of the Transportation Security
Administration for research and development, $35,532,000, to remain
available until September 30, 2023.
Coast Guard
operations and support
For necessary expenses of the Coast Guard for operations and
support including the Coast Guard Reserve; purchase or lease of not to
exceed 25 passenger motor vehicles, which shall be for replacement
only; purchase or lease of small boats for contingent and emergent
requirements (at a unit cost of not more than $700,000) and repairs and
service-life replacements, not to exceed a total of $31,000,000;
purchase, lease, or improvements of boats necessary for overseas
deployments and activities; payments pursuant to section 156 of Public
Law 97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation and
welfare; $9,144,070,000, of which $530,000,000 shall be for defense-
related activities; of which $24,500,000 shall be derived from the Oil
Spill Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of
which $5,000,000 shall remain available until September 30, 2024; of
which $30,356,000 shall remain available until September 30, 2025, for
environmental compliance and restoration; and of which $70,000,000
shall remain available until September 30, 2023, which shall only be
available for vessel depot level maintenance: Provided, That not to
exceed $23,000 shall be for official reception and representation
expenses.
procurement, construction, and improvements
For necessary expenses of the Coast Guard for procurement,
construction, and improvements, including aids to navigation, shore
facilities (including facilities at Department of Defense installations
used by the Coast Guard), and vessels and aircraft, including equipment
related thereto, $1,817,100,000, to remain available until September
30, 2026; of which $20,000,000 shall be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of section 1012(a)(5) of
the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); and of which such
sums as were deposited into the Coast Guard Housing Fund prior to
fiscal year 2021 that remain unavailable for obligation shall be
available to carry out the purposes of section 2946 of title 14, United
States Code, in addition to amounts otherwise available for such
purposes, and shall be derived from such deposits.
research and development
For necessary expenses of the Coast Guard for research and
development; and for maintenance, rehabilitation, lease, and operation
of facilities and equipment; $7,476,000, to remain available until
September 30, 2024, of which $500,000 shall be derived from the Oil
Spill Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)):
Provided, That there may be credited to and used for the purposes of
this appropriation funds received from State and local governments,
other public authorities, private sources, and foreign countries for
expenses incurred for research, development, testing, and evaluation.
retired pay
For retired pay, including the payment of obligations otherwise
chargeable to lapsed appropriations for this purpose, payments under
the Retired Serviceman's Family Protection and Survivor Benefits Plans,
payment for career status bonuses, payment of continuation pay under
section 356 of title 37, United States Code, concurrent receipts,
combat-related special compensation, and payments for medical care of
retired personnel and their dependents under chapter 55 of title 10,
United States Code, $1,963,519,000, to remain available until expended.
United States Secret Service
operations and support
For necessary expenses of the United States Secret Service for
operations and support, including purchase of not to exceed 652
vehicles for police-type use for replacement only; hire of passenger
motor vehicles; purchase of motorcycles made in the United States; hire
of aircraft; rental of buildings in the District of Columbia; fencing,
lighting, guard booths, and other facilities on private or other
property not in Government ownership or control, as may be necessary to
perform protective functions; conduct of and participation in firearms
matches; presentation of awards; conduct of behavioral research in
support of protective intelligence and operations; payment in advance
for commercial accommodations as may be necessary to perform protective
functions; and payment, without regard to section 5702 of title 5,
United States Code, of subsistence expenses of employees who are on
protective missions, whether at or away from their duty stations;
$2,518,658,000; of which $51,621,000 shall remain available until
September 30, 2023; of which $6,000,000 shall be for a grant for
activities related to investigations of missing and exploited children;
and of which up to $15,000,000 may be for calendar year 2021 premium
pay in excess of the annual equivalent of the limitation on the rate of
pay contained in section 5547(a) of title 5, United States Code,
pursuant to section 2 of the Overtime Pay for Protective Services Act
of 2016 (5 U.S.C. 5547 note), as amended by Public Law 115-383:
Provided, That not to exceed $19,125 shall be for official reception
and representation expenses: Provided further, That not to exceed
$100,000 shall be to provide technical assistance and equipment to
foreign law enforcement organizations in criminal investigations within
the jurisdiction of the United States Secret Service.
procurement, construction, and improvements
For necessary expenses of the United States Secret Service for
procurement, construction, and improvements, $54,849,000, to remain
available until September 30, 2024.
research and development
For necessary expenses of the United States Secret Service for
research and development, $2,310,000, to remain available until
September 30, 2023.
Administrative Provisions
(including transfer of funds)
Sec. 201. Section 201 of the Department of Homeland Security
Appropriations Act, 2018 (division F of Public Law 115-141), related to
overtime compensation limitations, shall apply with respect to funds
made available in this Act in the same manner as such section applied
to funds made available in that Act, except that ``fiscal year 2022''
shall be substituted for ``fiscal year 2018''.
Sec. 202. Funding made available under the headings ``U.S. Customs
and Border Protection--Operations and Support'' and ``U.S. Customs and
Border Protection--Procurement, Construction, and Improvements'' shall
be available for customs expenses when necessary to maintain operations
and prevent adverse personnel actions in Puerto Rico and the U.S.
Virgin Islands, in addition to funding provided by sections 740 and
1406i of title 48, United States Code.
Sec. 203. As authorized by section 601(b) of the United States-
Colombia Trade Promotion Agreement Implementation Act (Public Law 112-
42), fees collected from passengers arriving from Canada, Mexico, or an
adjacent island pursuant to section 13031(a)(5) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall
be available until expended.
Sec. 204. (a) For an additional amount for ``U.S. Customs and
Border Protection--Operations and Support'', $31,000,000, to remain
available until expended, to be reduced by amounts collected and
credited to this appropriation in the fiscal year funded by this Act
from amounts authorized to be collected by section 286(i) of the
Immigration and Nationality Act (8 U.S.C. 1356(i)), section 10412 of
the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8311), and
section 817 of the Trade Facilitation and Trade Enforcement Act of 2015
(Public Law 114-25), or other such authorizing language.
(b) To the extent that amounts realized from such collections
exceed $31,000,000, those amounts in excess of $31,000,000 shall be
credited to this appropriation, to remain available until expended.
Sec. 205. None of the funds made available in this Act for U.S.
Customs and Border Protection may be used to prevent an individual not
in the business of importing a prescription drug (within the meaning of
section 801(g) of the Federal Food, Drug, and Cosmetic Act) from
importing a prescription drug from Canada that complies with the
Federal Food, Drug, and Cosmetic Act: Provided, That this section
shall apply only to individuals transporting on their person a
personal-use quantity of the prescription drug, not to exceed a 90-day
supply: Provided further, That the prescription drug may not be--
(1) a controlled substance, as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
Sec. 206. (a) Notwithstanding any other provision of law, none of
the funds provided in this or any other Act shall be used to approve a
waiver of the navigation and vessel-inspection laws pursuant to section
501(b) of title 46, United States Code, for the transportation of crude
oil distributed from and to the Strategic Petroleum Reserve until the
Secretary of Homeland Security, after consultation with the Secretaries
of the Departments of Energy and Transportation and representatives
from the United States flag maritime industry, takes adequate measures
to ensure the use of United States flag vessels.
(b) The Secretary shall notify the Committees on Appropriations of
the Senate and the House of Representatives, the Committee on Commerce,
Science, and Transportation of the Senate, and the Committee on
Transportation and Infrastructure of the House of Representatives
within 2 business days of any request for waivers of navigation and
vessel-inspection laws pursuant to section 501(b) of title 46, United
States Code, with respect to such transportation, and the disposition
of such requests.
Sec. 207. (a) Beginning on the date of enactment of this Act, the
Secretary of Homeland Security shall not--
(1) establish, collect, or otherwise impose any new border
crossing fee on individuals crossing the Southern border or the
Northern border at a land port of entry; or
(2) conduct any study relating to the imposition of a
border crossing fee.
(b) In this section, the term ``border crossing fee'' means a fee
that every pedestrian, cyclist, and driver and passenger of a private
motor vehicle is required to pay for the privilege of crossing the
Southern border or the Northern border at a land port of entry.
Sec. 208. (a) Not later than 90 days after the date of enactment of
this Act, the Secretary of Homeland Security shall submit an
expenditure plan for any amounts made available for ``U.S. Customs and
Border Protection--Procurement, Construction, and Improvements'' in
this Act and prior Acts to the Committees on Appropriations of the
Senate and the House of Representatives.
(b) No such amounts may be obligated prior to the submission of
such plan.
Sec. 209. Section 211 of the Department of Homeland Security
Appropriations Act, 2021 (division F of Public Law 116-260),
prohibiting the use of funds for the construction of fencing in certain
areas, shall apply with respect to funds made available in this Act in
the same manner as such section applied to funds made available in that
Act.
Sec. 210. (a) Funding made available under the headings ``U.S.
Customs and Border Protection--Operations and Support'' and ``U.S.
Immigration and Customs Enforcement--Operations and Support'' may be
used to provide or reimburse third-parties for the provision of COVID-
19 testing and shelter for the purpose of voluntary isolation of
persons encountered by U.S. Customs and Border Protection after
entering the United States along the southwest border and deemed
inadmissible under section 212(a) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)).
(b) Such testing and shelter shall be provided immediately after
such persons leave Department of Homeland Security custody.
(c) For purposes of this section, funds may only be used in States
or jurisdictions that do not have an agreement with the Federal
government for the provision or reimbursement of such services.
Sec. 211. (a) Notwithstanding any other provision of law, the
Commissioner of U.S. Customs and Border Protection may use up to
$100,000,000 of amounts referenced in section 230(a) of division F of
the Consolidated Appropriations Act, 2018 (Public Law 115-141), section
230(a)(1) of division A of the Consolidated Appropriations Act, 2019
(Public Law 116-6), section 209(a)(1) of division D of the Consolidated
Appropriations Act, 2020 (Public Law 116-93), and section 210 of
division F of the Consolidated Appropriations Act, 2021 (Public Law
116-260) for mitigation activities, including land acquisition, related
to the construction of border barriers on Federal lands.
(b) Amounts described in subsection (a) may be transferred to the
Bureau of Land Management, the United States Fish and Wildlife Service,
the United States Forest Service, and the National Park Service for the
purposes described in such subsection.
(c) The Commissioner shall submit a notification to the Committees
on Appropriations of the Senate and the House of Representatives prior
to the obligation of the amounts described in this section.
Sec. 212. (a) No Federal funds may be used to continue a delegation
of law enforcement authority authorized under section 287(g) of the
Immigration and Nationality Act (8 U.S.C. 1357(g))--
(1) for the investigation or apprehension functions
described in paragraph (1) of such section;
(2) if the Department of Homeland Security Inspector
General determines that the terms of the agreement governing
the delegation of authority have been materially violated; or
(3) if the Department of Homeland Security Office for Civil
Rights and Civil Liberties or the U.S. Immigration and Customs
Enforcement Office of Professional Responsibility determines
that the participating jurisdiction has violated the civil
rights or liberties of an individual who was subsequently the
subject of immigration enforcement activity delegated under the
authority described in this section.
(b) Subsection (a)(3) shall not apply if the Secretary of Homeland
Security determines that the violation is not part of a pattern or
practice of civil rights or liberties violations or that sufficient
subsequent remediation steps have been taken to prevent future such
violations.
Sec. 213. (a) None of the funds provided under the heading ``U.S.
Immigration and Customs Enforcement--Operations and Support'' may be
used to continue any contract for the provision of detention services
if the two most recent overall performance evaluations received by the
contracted facility are less than ``adequate'' or the equivalent median
score in any subsequent performance evaluation system.
(b) The performance evaluations referenced in subsection (a) shall
be conducted by the U.S. Immigration and Customs Enforcement Office of
Professional Responsibility.
Sec. 214. The reports required to be submitted under section 216
of the Department of Homeland Security Appropriations Act, 2021
(division F of Public Law 116-260) shall continue to be submitted
semimonthly during the fiscal year funded by this Act and each matter
required to be included in such report by such section 216 shall apply
in the same manner and to the same extent during the period described
in this section.
Sec. 215. The terms and conditions of section 217 of the
Department of Homeland Security Appropriations Act, 2020 (division D of
Public Law 116-93) shall apply to this Act.
Sec. 216. No Federal funds may be used to place in detention,
remove, refer for a decision whether to initiate removal proceedings,
or initiate removal proceedings against any individual--
(1) based on information provided to a Federal employee or
contractor related to facilitating the sponsorship of an
unaccompanied alien child (as defined in section 462(g) of the
Homeland Security Act of 2002 (6 U.S.C. 279(g))) or the
reunification of such child with a family member; or
(2) based on information gathered in therapy sessions
conducted while in the care of the Office of Refugee
Resettlement of the Department of Health and Human Services.
Sec. 217. (a) Not later than 30 days after the date of enactment of
this Act, the Secretary of Homeland Security shall--
(1) ensure that individuals in the custody of the
Department of Homeland Security who are placed into proceedings
under section 240 of the Immigration and Nationality Act (8
U.S.C. 1229a) have, at a minimum--
(A) daily telephonic, video, or in-person access to
legal counsel, including prospective legal counsel, in
a setting that allows for private consultation;
(B) opportunities for prospective pro-bono legal
counsel to be accessible to such individuals; and
(C) meaningful opportunities to consult with legal
counsel prior to required appearances for such
proceedings; and
(2) implement a program to conduct a Know Your Rights
presentation, provided by a nonprofit organization or an entity
that provides pro-bono legal counsel, to be made available to
all individuals prior to any asylum-based interview or
proceeding who are placed into expedited removal proceedings
under section 235 of the Immigration and Nationality Act (8
U.S.C. 1225(b)(1)) and indicate an intention to apply for
asylum or a fear of persecution.
(b) Not later than 30 days after the date of enactment of this Act,
the Secretary and the Officer for Civil Rights and Civil Liberties
shall each certify to the Committees on Appropriations of the Senate
and the House of Representatives as to whether the requirements under
subsection (a) have been met.
Sec. 218. No Federal funds may be used for the detention or
removal of any individual who has a demonstrated bona fide or prima
facie eligibility for--
(1) an application under section 101(a)(15)(T),
101(a)(15)(U), 106, 240A(b)(2), or 244(a)(3) (as in effect on
March 31, 1997) of the Immigration and Nationality Act; or
(2) a self-petition pursuant to the Violence Against Women
Act, as defined in section 101(a)(51) of the Immigration and
Nationality Act, with a pending application for relief under a
provision referred to in one of the subparagraphs (A) through
(G) of such section, or section 101(a)(27)(J) of such Act.
Sec. 219. (a) Not later than 30 days after the date of enactment of
this Act, the Secretary of Homeland Security shall approve a segmented
risk classification assessment process, developed by U.S. Immigration
and Customs Enforcement that includes a determination as to whether a
detained individual is--
(1) a flight risk;
(2) a public safety threat; or
(3) a national security threat.
(b) The process described in subsection (a) shall be developed only
with the review of, and concurrence by, the Officer for Civil Rights
and Civil Liberties and the Immigration Detention Ombudsman.
(c) Following approval of the assessment process in subsection (a),
U.S. Immigration and Customs Enforcement shall conduct a risk
classification for each detained individual held in custody for at
least 14 days, to be completed within 20 days of such individual being
taken into custody, and make an individualized, documented custody
determination that shall include the option to release such individual
from custody, notwithstanding section 236(c) of the Immigration and
Nationality Act (8 U.S.C. 1226(c)).
(d) Determinations based on the assessment process described in
subsection (a) shall be recorded and reviewed on a monthly basis by the
Office of the Immigration Detention Ombudsman.
(e) In the case of an individual who self-identifies as
transgender--
(1) the custody determination described in subsection (c)
shall be completed within 10 days of such individual being
taken into custody;
(2) such person shall only be detained in a facility that
is contractually obligated to meet, at a minimum, the
requirements described in Attachment 1 of the June 19, 2015,
U.S. Immigration and Customs Enforcement memorandum entitled,
``Further Guidance Regarding the Care of Transgender
Individuals'' unless such person declines placement in such a
facility after being informed of the opportunity to do so.
(f) Not later than 30 days after the date of enactment of this Act,
the Director of U.S. Immigration and Customs Enforcement shall provide
the Committees on Appropriations of the Senate and the House of
Representatives the defined metrics used to make such assessments.
Sec. 220. (a) None of the funds provided under the heading ``U.S.
Immigration and Customs Enforcement--Operations and Support'' may be
used to engage in civil immigration enforcement activities, such as
arrests, detentions, removals, or the processing or issuance of
charging documents, using Homeland Security Investigations personnel or
resources, absent probable cause that the individual facing such
enforcement action has committed a criminal offense not solely related
to migration or immigration status.
(b) For purposes of this section, criminal offenses solely related
to migration or immigration status include any offense for which
penalties may be imposed pursuant to sections 243, 264, 266(a) or (b),
275, or 276 of the Immigration and Nationality Act.
Sec. 221. Not later than 180 days after the date of enactment of
this Act, allowances to individuals held in custody under the
immigration laws for work performed may not be less than the rates
established under paragraph (1) of section 6703 of title 41, United
States Code.
Sec. 222. Members of the United States House of Representatives
and the United States Senate, including the leadership; the heads of
Federal agencies and commissions, including the Secretary, Deputy
Secretary, Under Secretaries, and Assistant Secretaries of the
Department of Homeland Security; the United States Attorney General,
Deputy Attorney General, Assistant Attorneys General, and the United
States Attorneys; and senior members of the Executive Office of the
President, including the Director of the Office of Management and
Budget, shall not be exempt from Federal passenger and baggage
screening.
Sec. 223. Any award by the Transportation Security Administration
to deploy explosives detection systems shall be based on risk, the
airport's current reliance on other screening solutions, lobby
congestion resulting in increased security concerns, high injury rates,
airport readiness, and increased cost effectiveness.
Sec. 224. Notwithstanding section 44923 of title 49, United States
Code, for the fiscal year funded by this Act, any funds in the Aviation
Security Capital Fund established by section 44923(h) of title 49,
United States Code, may be used for the procurement and installation of
explosives detection systems or for the issuance of other transaction
agreements for the purpose of funding projects described in section
44923(a) of such title.
Sec. 225. Not later than 30 days after the submission of the
President's budget proposal, the Administrator of the Transportation
Security Administration shall submit to the Committees on
Appropriations and Commerce, Science, and Transportation of the Senate
and the Committees on Appropriations and Homeland Security in the House
of Representatives a single report that fulfills the following
requirements:
(1) a Capital Investment Plan that includes a plan for
continuous and sustained capital investment in new, and the
replacement of aged, transportation security equipment;
(2) the 5-year technology investment plan as required by
section 1611 of title XVI of the Homeland Security Act of 2002,
as amended by section 3 of the Transportation Security
Acquisition Reform Act (Public Law 113-245); and
(3) the Advanced Integrated Passenger Screening
Technologies report as required by the Senate Report
accompanying the Department of Homeland Security Appropriations
Act, 2019 (Senate Report 115-283).
Sec. 226. (a) None of the funds made available by this Act under
the heading ``Coast Guard--Operations and Support'' shall be for
expenses incurred for recreational vessels under section 12114 of title
46, United States Code, except to the extent fees are collected from
owners of yachts and credited to the appropriation made available by
this Act under the heading ``Coast Guard--Operations and Support''.
(b) To the extent such fees are insufficient to pay expenses of
recreational vessel documentation under such section 12114, and there
is a backlog of recreational vessel applications, personnel performing
non-recreational vessel documentation functions under subchapter II of
chapter 121 of title 46, United States Code, may perform documentation
under section 12114.
Sec. 227. Without regard to the limitation as to time and
condition of subsection (d) of section 503 of this Act, after June 30,
in accordance with the notification requirement described in subsection
(b) of such section, up to the following amounts may be reprogrammed
within ``Coast Guard--Operations and Support''--
(1) $10,000,000 to or from the ``Military Pay'' funding
category; and
(2) $10,000,000 between the ``Field Operations'' funding
subcategories.
Sec. 228. Notwithstanding any other provision of law, the
Commandant of the Coast Guard shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a future-
years capital investment plan as described in the second proviso under
the heading ``Coast Guard--Acquisition, Construction, and
Improvements'' in the Department of Homeland Security Appropriations
Act, 2015 (Public Law 114-4), which shall be subject to the
requirements in the third and fourth provisos under such heading.
Sec. 229. Of the funds made available for defense-related
activities under the heading ``Coast Guard--Operations and Support'',
up to $190,000,000 that are used for enduring overseas missions in
support of the global fight against terrorism may be reallocated by
program, project, and activity, notwithstanding section 503 of this
Act.
Sec. 230. Amounts deposited into the Coast Guard Housing Fund in
the fiscal year funded by this Act shall be available until expended to
carry out the purposes of section 2946 of title 14, United States Code,
and shall be in addition to funds otherwise available for such
purposes.
Sec. 231. The United States Secret Service is authorized to
obligate funds in anticipation of reimbursements from executive
agencies, as defined in section 105 of title 5, United States Code, for
personnel receiving training sponsored by the James J. Rowley Training
Center, except that total obligations at the end of the fiscal year
shall not exceed total budgetary resources available under the heading
``United States Secret Service--Operations and Support'' at the end of
the fiscal year.
Sec. 232. (a) None of the funds made available to the United States
Secret Service by this Act or by previous appropriations Acts may be
made available for the protection of the head of a Federal agency other
than the Secretary of Homeland Security.
(b) The Director of the United States Secret Service may enter into
agreements to provide such protection on a fully reimbursable basis.
Sec. 233. For purposes of subsections (a) and (b) of section 503
this Act, up to $15,000,000 may be reprogrammed within ``United States
Secret Service--Operations and Support''.
Sec. 234. Funding made available in this Act for ``United States
Secret Service--Operations and Support'' is available for travel of
United States Secret Service employees on protective missions without
regard to the limitations on such expenditures in this or any other Act
if the Director of the United States Secret Service or a designee
notifies the Committees on Appropriations of the Senate and the House
of Representatives 10 or more days in advance, or as early as
practicable, prior to such expenditures.
Sec. 235. (a) Amounts made available to U.S. Customs and Border
Protection and U.S. Immigration and Customs Enforcement in this Act
under the heading ``Operations and Support'', by transfer pursuant to
the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-
136), or pursuant to any other provision of law for enforcement of the
immigration laws that remain available for obligation in the fiscal
year funded by this Act may be used for the reunification of children
separated from a parent or legal guardian at the United States-Mexico
border, including the provision of shelter, temporary housing,
subsistence expenses, transportation, medical care, access to legal
services, and such other assistance or relief for separated families
that the Secretary determines necessary to accomplish reunification.
(b) Funds made available pursuant to this section shall be used
solely to support the reunification of separated families.
(c) Each amount repurposed by this section that was previously
designated by the Congress as an emergency requirement pursuant to the
Balanced Budget and Emergency Deficit Control Act of 1985 or a
concurrent resolution on the budget is designated by the Congress as an
emergency requirement pursuant to section 1(f) of H. Res. 467 as
engrossed in the House of Representatives on June 14, 2021.
Sec. 236. (a) Notwithstanding section 2110 of title 46, United
States Code, none of the funds made available in this Act shall be used
to charge a fee for an inspection of a towing vessel, as defined in 46
CFR Section 136.110, that utilizes the Towing Safety Management System
option for a Certificate of Inspection issued under subchapter M of
title 46, Code of Federal Regulations.
(b) Subsection (a) shall not apply after the date the Commandant of
the Coast Guard implements section 815 of the Frank LoBiondo Coast
Guard Authorization Act of 2018 (Public Law 115-282).
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Cybersecurity and Infrastructure Security Agency
operations and support
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for operations and support, $1,927,750,000, of which
$28,293,000, shall remain available until September 30, 2023:
Provided, That not to exceed $3,825 shall be for official reception and
representation expenses.
procurement, construction, and improvements
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for procurement, construction, and improvements,
$467,167,000, to remain available until September 30, 2024: Provided,
That of the funds made available under this heading, $100,000,000 shall
be withheld from obligation until the Director submits the first plan
described in section 304 of this Act.
research and development
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for research and development, $7,431,000, to remain
available until September 30, 2023.
cybersecurity response and recovery fund
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for cyber response and recovery, $20,000,000, to remain
available until expended: Provided, That such amounts shall be used to
provide support to critical infrastructure, including through the
provision of services, technology, or capabilities, with or without
reimbursement, to respond to or recover from a significant cyber
incident as defined in Presidential Policy Directive 41: Provided
further, That such support may include the provision of assistance to
private entities and State, local, territorial, and tribal governments
in responding to or recovering from a significant cyber incident:
Provided further, That amounts appropriated under this heading shall be
available only upon a determination by the President that additional
resources are needed for the purposes under this heading: Provided
further, That amounts made available under this heading shall be in
addition to any other amounts available for such purposes.
Federal Emergency Management Agency
operations and support
For necessary expenses of the Federal Emergency Management Agency
for operations and support, $1,262,966,000: Provided, That not to
exceed $2,250 shall be for official reception and representation
expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Emergency Management Agency
for procurement, construction, and improvements, $188,212,000, of which
$77,002,000 shall remain available until September 30, 2024, and of
which $111,210,000 shall remain available until September 30, 2026:
Provided, That the Administrator of the Federal Emergency Management
Agency may use up to $10,400,000 of the amounts made available under
this heading to acquire real property adjacent to the Center for
Domestic Preparedness Lodging and Warehouse complex in Anniston,
Alabama for the purpose of establishing a multi-use training facility.
federal assistance
(including transfer of funds)
For activities of the Federal Emergency Management Agency for
Federal assistance through grants, contracts, cooperative agreements,
and other activities, $3,525,017,000, which shall be allocated as
follows:
(1) $610,000,000 for the State Homeland Security Grant
Program under section 2004 of the Homeland Security Act of 2002
(6 U.S.C. 605), of which $90,000,000 shall be for Operation
Stonegarden, $15,000,000 shall be for Tribal Homeland Security
Grants under section 2005 of the Homeland Security Act of 2002
(6 U.S.C. 606), and $90,000,000 shall be for organizations (as
described under section 501(c)(3) of the Internal Revenue Code
of 1986 and exempt from tax under section 501(a) of such code)
determined by the Secretary of Homeland Security to be at high
risk of a terrorist attack: Provided, That notwithstanding
subsection (c)(4) of such section 2004, for the fiscal year
funded by this Act, the Commonwealth of Puerto Rico shall make
available to local and tribal governments amounts provided to
the Commonwealth of Puerto Rico under this paragraph in
accordance with subsection (c)(1) of such section 2004.
(2) $705,000,000 for the Urban Area Security Initiative
under section 2003 of the Homeland Security Act of 2002 (6
U.S.C. 604), of which $90,000,000 shall be for organizations
(as described under section 501(c)(3) of the Internal Revenue
Code of 1986 and exempt from tax under section 501(a) of such
code) determined by the Secretary of Homeland Security to be at
high risk of a terrorist attack.
(3) $110,000,000 for Public Transportation Security
Assistance, Railroad Security Assistance, and Over-the-Road Bus
Security Assistance under sections 1406, 1513, and 1532 of the
Implementing Recommendations of the 9/11 Commission Act of 2007
(6 U.S.C. 1135, 1163, and 1182), of which $10,000,000 shall be
for Amtrak security and $3,000,000 shall be for Over-the-Road
Bus Security: Provided, That such public transportation
security assistance shall be provided directly to public
transportation agencies.
(4) $110,000,000 for Port Security Grants in accordance
with section 70107 of title 46, United States Code.
(5) $740,000,000, to remain available until September 30,
2023, of which $370,000,000 shall be for Assistance to
Firefighter Grants and $370,000,000 shall be for Staffing for
Adequate Fire and Emergency Response Grants under sections 33
and 34 respectively of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2229 and 2229a).
(6) $365,000,000 for emergency management performance
grants under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121), the Earthquake
Hazards Reduction Act of 1977 (42 U.S.C. 7701), section 762 of
title 6, United States Code, and Reorganization Plan No. 3 of
1978 (5 U.S.C. App.).
(7) $275,500,000 for necessary expenses for Flood Hazard
Mapping and Risk Analysis, in addition to and to supplement any
other sums appropriated under the National Flood Insurance
Fund, and such additional sums as may be provided by States or
other political subdivisions for cost-shared mapping activities
under section 1360(f)(2) of the National Flood Insurance Act of
1968 (42 U.S.C. 4101(f)(2)), to remain available until
expended.
(8) $12,000,000 for Regional Catastrophic Preparedness
Grants.
(9) $12,000,000 for Rehabilitation of High Hazard Potential
Dams under section 8A of the National Dam Safety Program Act
(33 U.S.C. 467f-2).
(10) $140,000,000 for the emergency food and shelter
program under title III of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11331), to remain available until
expended: Provided, That not to exceed 3.5 percent shall be
for total administrative costs.
(11) $151,916,686 for community project funding grants,
which shall be for the purposes, and the amounts, specified in
the table entitled ``Community Project Funding'' under this
heading in the report accompanying this Act, of which--
(A) $150,000 is for a nonprofit security grant
under sections 2003 and 2004 of the Homeland Security
Act of 2002 (6 U.S.C. 604 and 605);
(B) $21,435,403 is for emergency operations center
grants under section 614 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
6196c);
(C) $127,867,283 is for pre-disaster mitigation
grants under section 203 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5133(e), notwithstanding subsections (f), (g), and (l)
of that section (42 U.S.C. 5133(f), (g), (l)); and
(D) $2,464,000 shall be transferred to ``Federal
Emergency Management Agency--Operations and Support'',
to manage and administer community project funding
grants.
(12) $293,600,000 to sustain current operations for
training, exercises, technical assistance, and other programs.
disaster relief fund
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$18,799,000,000, to remain available until expended, shall be for major
disasters declared pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and is designated
by the Congress as being for disaster relief pursuant to section 1(g)
of H. Res. 467 of the 117th Congress as engrossed in the House of
Representatives on June 14, 2021: Provided, That of the amount provided
under this heading, up to $120,000,000 may be transferred to the
Disaster Assistance Direct Loan Program Account for the cost of direct
loans as authorized under section 417 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5184),
including loan cancellations provided for in this title, of which up to
$3,000,000 is for administrative expenses.
national flood insurance fund
For activities under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001 et seq.), the Biggert-Waters Flood Insurance Reform Act of
2012 (Public Law 112-141, 126 Stat. 916), and the Homeowner Flood
Insurance Affordability Act of 2014 (Public Law 113-89; 128 Stat.
1020), $214,706,000, to remain available until September 30, 2023,
which shall be derived from offsetting amounts collected under section
1308(d) of the National Flood Insurance Act of 1968 (42 U.S.C.
4015(d)); of which $15,706,000 shall be available for mission support
associated with flood management; and of which $199,000,000 shall be
available for flood plain management and flood mapping: Provided, That
any additional fees collected pursuant to section 1308(d) of the
National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)) shall be
credited as offsetting collections to this account, to be available for
flood plain management and flood mapping: Provided further, That in
the fiscal year funded by this Act, no funds shall be available from
the National Flood Insurance Fund under section 1310 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4017) in excess of--
(1) $197,393,000 for operating expenses and salaries and
expenses associated with flood insurance operations;
(2) $876,743,000 for commissions and taxes of agents;
(3) such sums as are necessary for interest on Treasury
borrowings; and
(4) $175,000,000, which shall remain available until
expended, for flood mitigation actions and for flood mitigation
assistance under section 1366 of the National Flood Insurance
Act of 1968 (42 U.S.C. 4104c), notwithstanding sections 1366(e)
and 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017):
Provided further, That the amounts collected under section 102 of the
Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) and section
1366(e) of the National Flood Insurance Act of 1968 (42 U.S.C.
4104c(e)), shall be deposited in the National Flood Insurance Fund to
supplement other amounts specified as available for section 1366 of the
National Flood Insurance Act of 1968, notwithstanding section
102(f)(8), section 1366(e) of the National Flood Insurance Act of 1968,
and paragraphs (1) through (3) of section 1367(b) of such Act (42
U.S.C. 4012a(f)(8), 4104c(e), 4104d(b)(1)-(3)): Provided further, That
total administrative costs shall not exceed 4 percent of the total
appropriation: Provided further, That up to $5,000,000 is available to
carry out section 24 of the Homeowner Flood Insurance Affordability Act
of 2014 (42 U.S.C. 4033).
Administrative Provisions
(including transfer of funds)
Sec. 301. (a) Funds made available under the heading
``Cybersecurity and Infrastructure Security Agency--Operations and
Support'' may be made available for the necessary expenses of carrying
out the competition specified in section 2(e) of Executive Order No.
13870 (May 2, 2019), including the provision of monetary and non-
monetary awards for Federal civilian employees and members of the
uniformed services, the necessary expenses for the honorary recognition
of any award recipients, and activities to encourage participation in
the competition, including promotional items.
(b) Any awards made pursuant to this section shall be of the same
type and amount as those authorized under sections 4501 through 4505 of
title 5, United States Code.
Sec. 302. (a) The Under Secretary for Management shall submit,
concurrent with the budget of the President that is submitted to
Congress pursuant to section 1105(a) of title 31, United States Code, a
report on the unfunded priorities for the Cybersecurity and
Infrastructure Security Agency.
(b) The report under this section shall specify, for each such
unfunded priority--
(1) a summary description, including the objectives to be
achieved if such priority is funded (whether in whole or in
part);
(2) the description, including the objectives to be
achieved if such priority is funded (whether in whole or in
part);
(3) account information, including the following (as
applicable):
(A) appropriation account; and
(B) program, project, or activity name; and
(4) the additional number of full-time or part-time
positions to be funded as part of such priority.
(c) In this section, the term ``unfunded priority'', in the case of
a fiscal year, means a requirement that--
(1) is not funded in the budget referred to in subsection
(a);
(2) is necessary to fulfill a requirement associated with
an operational or contingency plan for the Department; and
(3) would have been recommended for funding through the
budget referred to in subsection (a) if--
(A) additional resources had been available for the
budget to fund the requirement;
(B) the requirement has emerged since the budget
was formulated; or
(C) the requirement is necessary to sustain prior-
year investments.
Sec. 303. The Cybersecurity and Infrastructure Security Agency
shall provide to the Committees on Appropriations of the Senate and the
House of Representatives monthly reports to be submitted not later than
the tenth business day following the end of each month, on the status
of funds made available under the heading ``Cybersecurity and
Infrastructure Security Agency--Cyber Response and Recovery Fund'',
including an accounting of the most recent funding allocation
estimates, obligations, expenditures, and unobligated funds, delineated
by significant cyber incident as defined in Presidential Policy
Directive 41.
Sec. 304. (a) Notwithstanding any other provision of law, the
Director of the Cybersecurity and Infrastructure Security Agency shall
provide to the Committees on Appropriations of the Senate and the House
of Representatives a plan, including a classified annex as necessary,
to be submitted not later than 120 days after the date of enactment of
this Act and to be updated annually thereafter and submitted concurrent
with the budget of the President that is submitted to Congress pursuant
to section 1105(a) of title 31, United States Code, detailing
documented, capability-specific federal civilian executive branch
department and agency cybersecurity investment requirements delineated
by each such department and agency.
(b) The plan under this section shall specify for each such
requirement--
(1) a description, including--
(A) the capabilities intended to be delivered;
(B) the security gains such capabilities will
yield; and
(C) the nexus of such capabilities to
cybersecurity;
(2) funding status as of the date of the report including
any unobligated balances from any prior year appropriation;
(3) if such requirement is funded--
(A) a deployment schedule, or lifecycle management
plan, as appropriate; and
(B) the funding source, by account;
(4) whether such requirement is proposed to be funded in
the budget referred to in subsection (a) and if so, the funding
source; and
(5) the relative priority within each agency for any
requirement for which funds are not currently available.
(c) The plan required by this section shall not include investment
requirements for any department or agency for which the Cybersecurity
and Infrastructure Security Agency has not obligated nor has a plan to
obligate funding to further such department's or agency's cybersecurity
capabilities.
Sec. 305. Notwithstanding section 2008(a)(12) of the Homeland
Security Act of 2002 (6 U.S.C. 609(a)(12)) or any other provision of
law, not more than 5 percent of the amount of a grant made available in
paragraphs (1) through (4) under ``Federal Emergency Management
Agency--Federal Assistance'', may be used by the grantee for expenses
directly related to administration of the grant.
Sec. 306. Applications for grants under the heading ``Federal
Emergency Management Agency--Federal Assistance'', for paragraphs (1)
through (4), shall be made available to eligible applicants not later
than 60 days after the date of enactment of this Act, eligible
applicants shall submit applications not later than 80 days after the
grant announcement, and the Administrator of the Federal Emergency
Management Agency shall act within 65 days after the receipt of an
application.
Sec. 307. Under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for grants under paragraphs (1) through
(4), (8), and (9), the Administrator of the Federal Emergency
Management Agency shall brief the Committees on Appropriations of the
Senate and the House of Representatives 5 full business days in advance
of announcing publicly the intention of making an award.
Sec. 308. Under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for grants under paragraphs (1) and (2),
the installation of communications towers is not considered
construction of a building or other physical facility.
Sec. 309. The reporting requirements in paragraphs (1) and (2)
under the heading ``Federal Emergency Management Agency--Disaster
Relief Fund'' in the Department of Homeland Security Appropriations
Act, 2015 (Public Law 114-4) shall be applied in the fiscal year funded
by this Act with respect to the fiscal year after the fiscal year
funded by this Act and the fiscal year funded by this Act, respectively
--
(1) in paragraph (1) by substituting ``the fiscal year
after the fiscal year funded by this Act'' for ``the budget
year'' and for ``fiscal year 2016''; and
(2) in paragraph (2) by inserting ``business'' after
``fifth''.
Sec. 310. In making grants under the heading ``Federal Emergency
Management Agency--Federal Assistance'', for Staffing for Adequate Fire
and Emergency Response grants, the Administrator of the Federal
Emergency Management Agency may grant waivers from the requirements in
subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1), (c)(2), and (c)(4)
of section 34 of the Federal Fire Prevention and Control Act of 1974
(15 U.S.C. 2229a).
Sec. 311. (a) Of the amount made available by section 4005 of the
American Rescue Plan Act of 2021 (Public Law 117-2)--
(1) up to $500,000,000, in addition to any amounts set
aside pursuant to section 203(i) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5133(i)), shall be available for the Building Resilient
Infrastructure and Communities grant program to mitigate the
effects of climate change; and
(2) $14,000,000 shall be transferred to the Department of
Homeland Security Office of Inspector General for oversight of
the obligation of funds made available under such section 4005.
(b) Of the unobligated balances in ``Department of Homeland
Security--Federal Emergency Management Agency--Disaster Relief Fund''
that were not previously specified in statute as being available for
major disasters declared pursuant to the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and were
previously designated as an emergency requirement pursuant to the
Balanced Budget and Emergency Deficit Control Act of 1985 or a
concurrent resolution on the budget, $500,000,000 shall be available
only for costs associated with major disasters declared pursuant to
such Act.
(c) Each amount repurposed pursuant to subsection (b) that was
previously designated by the Congress as an emergency requirement
pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985 or a concurrent resolution on the budget is designated by the
Congress as an emergency requirement pursuant to section 1(f) of H.
Res. 467 as engrossed in the House of Representatives on June 14, 2021.
Sec. 312. (a) The aggregate charges assessed during the fiscal year
funded by this Act, as authorized in title III of the Departments of
Veterans Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 1999 (42 U.S.C. 5196e), shall not be less
than 100 percent of the amounts anticipated by the Department of
Homeland Security to be necessary for its Radiological Emergency
Preparedness Program for the fiscal year after the fiscal year funded
by this Act.
(b) The methodology for assessment and collection of such fees
shall be fair and equitable and shall reflect costs of providing such
services, including administrative costs of collecting such fees.
(c) Such fees shall be deposited in a Radiological Emergency
Preparedness Program account as offsetting collections and will become
available for authorized purposes on the first day of the fiscal year
after the fiscal year funded by this Act, and remain available until
expended.
Sec. 313. In making grants under the heading ``Federal Emergency
Management Agency--Federal Assistance'', for Assistance to Firefighter
Grants, the Administrator of the Federal Emergency Management Agency
may waive subsection (k) of section 33 of the Federal Fire Prevention
and Control Act of 1974 (15 U.S.C. 2229).
Sec. 314. (a) Notwithstanding sections 403(b), 403(c)(4), 404(a),
406(b), 407(d), 408(g)(2), 428(e)(2)(B), and 503(a) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.), for any emergency or major disaster declared by the President
under such Act with a declaration occurring or an incident period
beginning between January 1, 2020, and December 31, 2020, the Federal
share of assistance, including direct Federal assistance, provided
under such sections shall be not less than 90 percent of the eligible
cost of such assistance.
(b) Each amount repurposed pursuant to this section that was
previously designated by the Congress as an emergency requirement or as
being for disaster relief pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985 or a concurrent resolution on the budget is
designated by the Congress as an emergency requirement pursuant to
section 1(f), or as being for disaster relief pursuant to section 1(g),
respectively, of H. Res. 467 as engrossed in the House of
Representatives on June 14, 2021.
(c) Subsection (a) shall apply with respect to fiscal year 2022 and
each fiscal year thereafter.
Sec. 315. Repayments of the remaining balances of all loans, as of
June 30, 2021, by the Federal Emergency Management Agency under section
417 the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5184) are hereby canceled.
TITLE IV
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
U.S. Citizenship and Immigration Services
operations and support
For necessary expenses of U.S. Citizenship and Immigration Services
for operations and support, including for the E-Verify Program,
application processing, the reduction of backlogs within asylum, field,
and service center offices, and support of the refugee program;
$459,504,000, of which $87,619,000 shall remain available until
September 30, 2023: Provided, That such amounts shall be in addition
to any other amounts made available for such purposes, and shall not be
construed to require any reduction of any fee described in section
286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)):
Provided further, That not to exceed $10,000 shall be for official
reception and representation expenses.
federal assistance
For necessary expenses of U.S. Citizenship and Immigration Services
for Federal assistance for the Citizenship and Integration Grant
Program, $15,000,000.
Federal Law Enforcement Training Centers
operations and support
For necessary expenses of the Federal Law Enforcement Training
Centers for operations and support, including the purchase of not to
exceed 117 vehicles for police-type use and hire of passenger motor
vehicles, and services as authorized by section 3109 of title 5, United
States Code, $322,436,000, of which $61,618,000 shall remain available
until September 30, 2023: Provided, That not to exceed $7,180 shall be
for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Law Enforcement Training
Centers for procurement, construction, and improvements, $33,200,000,
to remain available until September 30, 2026, for acquisition of
necessary additional real property and facilities, construction and
ongoing maintenance, facility improvements and related expenses of the
Federal Law Enforcement Training Centers.
Science and Technology Directorate
operations and support
For necessary expenses of the Science and Technology Directorate
for operations and support, including the purchase or lease of not to
exceed 5 vehicles, $310,590,000, of which $180,112,000 shall remain
available until September 30, 2023: Provided, That not to exceed
$10,000 shall be for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Science and Technology Directorate
for procurement, construction, and improvements, $8,859,000, to remain
available until September 30, 2026.
research and development
For necessary expenses of the Science and Technology Directorate
for research and development, $510,954,000, to remain available until
September 30, 2024.
Countering Weapons of Mass Destruction Office
operations and support
For necessary expenses of the Countering Weapons of Mass
Destruction Office for operations and support, $162,200,000, of which
$35,606,000 shall remain available until September 30, 2023: Provided,
That not to exceed $2,250 shall be for official reception and
representation expenses.
procurement, construction, and improvements
For necessary expenses of the Countering Weapons of Mass
Destruction Office for procurement, construction, and improvements,
$76,604,000, to remain available until September 30, 2024.
research and development
For necessary expenses of the Countering Weapons of Mass
Destruction Office for research and development, $65,709,000, to remain
available until September 30, 2024.
federal assistance
For necessary expenses of the Countering Weapons of Mass
Destruction Office for Federal assistance through grants, contracts,
cooperative agreements, and other activities, $132,948,000, to remain
available until September 30, 2024.
Administrative Provisions
Sec. 401. (a) Notwithstanding any other provision of law, funds
otherwise made available to U.S. Citizenship and Immigration Services
may be used to acquire, operate, equip, and dispose of up to 5
vehicles, for replacement only, for areas where the Administrator of
General Services does not provide vehicles for lease.
(b) The Director of U.S. Citizenship and Immigration Services may
authorize employees who are assigned to those areas to use such
vehicles to travel between the employees' residences and places of
employment.
Sec. 402. None of the funds appropriated by this Act may be used
to process or approve a competition under Office of Management and
Budget Circular A-76 for services provided by employees (including
employees serving on a temporary or term basis) of U.S. Citizenship and
Immigration Services of the Department of Homeland Security who are
known as Immigration Information Officers, Immigration Service
Analysts, Contact Representatives, Investigative Assistants, or
Immigration Services Officers.
Sec. 403. The terms and conditions of section 403 of the
Department of Homeland Security Appropriations Act, 2020 (division D of
Public Law 116-93) shall apply to this Act.
Sec. 404. Notwithstanding the seventh proviso under the heading
``Immigration and Naturalization Service--Salaries and Expenses'' in
Public Law 105-119 (relating to FD-258 fingerprint cards), or any other
provision of law, any Federal funds made available to U.S. Citizenship
and Immigration Services may be used for the collection and use of
biometrics taken at a U.S. Citizenship and Immigration Services
Application Support Center that is overseen virtually by U.S.
Citizenship and Immigration Services personnel using appropriate
technology.
Sec. 405. The Director of the Federal Law Enforcement Training
Centers is authorized to distribute funds to Federal law enforcement
agencies for expenses incurred participating in training accreditation.
Sec. 406. The Federal Law Enforcement Training Accreditation
Board, including representatives from the Federal law enforcement
community and non-Federal accreditation experts involved in law
enforcement training, shall lead the Federal law enforcement training
accreditation process to continue the implementation of measuring and
assessing the quality and effectiveness of Federal law enforcement
training programs, facilities, and instructors.
Sec. 407. (a) The Director of the Federal Law Enforcement Training
Centers may accept transfers to its ``Procurement, Construction, and
Improvements'' account from Government agencies requesting the
construction of special use facilities, as authorized by the Economy
Act (31 U.S.C. 1535(b)).
(b) Such transfers may include funds from the Immigration
Examinations Fee Account described in section 286(m) of the Immigration
and Nationality Act (8 U.S.C. 1356(m)) that the Director of U.S.
Citizenship and Immigration Services determines are necessary to
support U.S. Citizenship and Immigration Services training programs.
(c) The Federal Law Enforcement Training Centers shall maintain
administrative control and ownership upon completion of such
facilities.
Sec. 408. The functions of the Federal Law Enforcement Training
Centers instructor staff shall be classified as inherently governmental
for purposes of the Federal Activities Inventory Reform Act of 1998 (31
U.S.C. 501 note).
Sec. 409. (a) Notwithstanding any other provision of law, beginning
in fiscal year 2022, the worldwide level of family-sponsored immigrants
under subsection (c) of section 201 of the Immigration and Nationality
Act (8 U.S.C. 1151) and the worldwide level of employment-based
immigrants under subsection (d) of such section shall each be increased
by the number computed under subsection (b) of this section with
respect to each of such worldwide levels.
(b) For each of the worldwide levels described in subsection (a) of
this section, the number computed under this subsection is the
difference (if any) between the sum of the worldwide levels established
under the applicable subsection of section 201 of the Immigration and
Nationality Act (8 U.S.C. 1151) for fiscal years 2020 and 2021 and the
number of visas that were issued and used as the basis for an
application for admission into the United States as an immigrant
described in the applicable subsection during such fiscal years.
(c) The Secretary of State, in consultation with the Secretary of
Homeland Security, shall allocate the visas made available as a result
of the computation under subsection (b) on a proportional basis
consistent with subsections (a) and (b) of section 203 of the
Immigration and Nationality Act (8 U.S.C. 1153(a) and (b)), and in
accordance with subsection (e)(1) of such section (8 U.S.C.
1153(e)(1)).
(d) Each visa made available as a result of the computation made
under subsection (b) of this section shall remain available for use in
fiscal year 2022 or any subsequent fiscal year, until the Secretary of
State, in consultation with the Secretary of Homeland Security,
determines that such visa has been issued and used as the basis for an
application for admission into the United States.
(e) For fiscal year 2021 and 2022, the number computed under
subsection (c)(3)(C) of section 201 of the Immigration and Nationality
Act (8 U.S.C. 1151), and the number computed under subsection (d)(2)(C)
of such section, are deemed to equal zero.
(f) Notwithstanding section 204(a)(1)(I)(ii)(II) of the Immigration
and Nationality Act (8 U.S.C. 1154(a)(1)(I)(ii)(II)), and subject to
subsection (i) of this section, an immigrant visa for those selected in
accordance with section 203(e)(2) of the Immigration and Nationality
Act (8 U.S.C. 1153(e)(2)) in fiscal year 2020 or 2021 shall remain
available to such alien if, because of restrictions or limitations on
visa processing, visa issuance, travel, or other effects associated
with the COVID-19 public health emergency--
(1) the alien was unable to receive a visa interview
despite submitting an Online Immigrant Visa and Alien
Registration Application (Form DS-260) to the Secretary of
State; or
(2) the alien was unable to seek admission or was denied
admission to the United States despite being approved for a
visa under section 203(c) of the Immigration and Nationality
Act (8 U.S.C. 1153(c)).
(g) Not later than 90 days after the date of the enactment of this
section, the Secretary of State shall--
(1) provide written notice consistent with subsection (h)
to each alien described in subsection (f) (and such alien's
representative, if applicable) of their continuing eligibility
to apply for a visa under section 203(c) of the Immigration and
Nationality Act (8 U.S.C. 1153(c)); and
(2) publish on the Department of State website, information
and procedures implementing this section.
(h) The notice described in subsection (g)(1) shall include
procedures for the alien to inform the Secretary of State of the
alien's intent to proceed with or abandon the application, and shall
include an advisal that such application shall be deemed abandoned if
the alien fails to notify the Secretary of the alien's intent to
proceed within one year after the date on which the notice was issued.
(i) An alien described in subsection (f) shall remain eligible to
receive a visa described in such subsection until the earliest of the
date that--
(1) the alien--
(A) notifies the Secretary of State of the alien's
intent to abandon the application; or
(B) fails to respond to the notice described in
subsection (g)(1); or
(2) the Secretary of State makes a final determination of
the alien's ineligibility for such visa under section
203(c)(2), 204(a)(1)(I)(iii), or 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1153(c)(2), 1154(a)(1)(I)(iii), or
1182(a)).
(j) A determination of whether an alien is the child of a visa
recipient described in subsection (f), pursuant section 203(d) of the
Immigration and Nationality Act (8 U.S.C. 1153(d)) shall be made using
the age of the child when the applicant was initially selected for a
visa in accordance with section 203(e)(2) of such Act.
Sec. 410. (a) Notwithstanding section 204(a)(1)(I)(ii)(II) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(I)(ii)(II)), and
subject to subsection (d) of this section, an immigrant visa for those
selected in accordance with section 203(e)(2) of the Immigration and
Nationality Act (8 U.S.C. 1153(e)(2)) in any of fiscal years 2017,
2018, 2019, 2020, or 2021 shall remain available to such alien if the
alien was refused a visa, prevented from seeking admission, or denied
admission to the United States solely because of--
(1) Executive Order 13769 (82 Fed. Reg. 8977;
relating to ``Protecting the Nation from Foreign
Terrorist Entry into The United States'');
(2) Executive Order 13780 (82 Fed. Reg. 13209;
relating ``Protecting the Nation from Foreign Terrorist
Entry into the United States'');
(3) Proclamation 9645 (82 Fed. Reg. 45161; relating
to ``Enhancing Vetting Capabilities and Processes for
Detecting Attempted Entry into the United States by
Terrorists or Other Public-Safety Threats''); or
(4) Proclamation 9983 (85 Fed. Reg. 6699; relating
to ``Improving Enhanced Vetting Capabilities and
Processes for Detecting Attempted Entry into the United
States by Terrorists or Other Public-Safety Threats'').
(b) Not later than 90 days after the date of the enactment of this
section, the Secretary of State shall--
(1) provide written notice, consistent with subsection (c), to each
alien described in subsection (a) (and such alien's representative, if
applicable) of the alien's continuing eligibility to apply for a visa
under section 203(c) of the Immigration and Nationality Act (8 U.S.C.
1153(c)); and
(2) publish on the Department of State website, information and
procedures implementing this section.
(c) The notice described in subsection (b)(1) shall include
procedures for the alien to inform the Secretary of State of the
alien's intent to proceed with or abandon the application, and shall
include an advisal that such application shall be deemed abandoned if
the alien fails to notify the Secretary of the alien's intent to
proceed within one year after the date on which the notice was issued.
(d) An alien described in subsection (a) shall remain eligible to
receive a visa described in such subsection until the earliest of the
date that--
(1) the alien--
(A) notifies the Secretary of the alien's intent to abandon
the application; or
(B) fails to respond to the notice described in subsection
(b)(1); or
(2) the Secretary of State makes a final determination of the
alien's ineligibility for such visa under section 203(c)(2),
204(a)(1)(I)(iii), or 212(a) of the Immigration and Nationality Act (8
U.S.C. 1153(c)(2), 1154(a)(1)(I)(iii), or 1182(a)).
(e) A determination of whether an alien is the child of a visa
recipient described in subsection (a), pursuant to section 203(d) of
the Immigration and Nationality Act (8 U.S.C. 1153(d)) shall be made
using the age of the child when applicant was initially selected for a
visa in accordance with section 203(e)(2) of such Act.
Sec. 411. Notwithstanding the numerical limitation set forth in
section 214(g)(1)(B) of the Immigration and Nationality Act (8 U.S.C.
1184(g)(1)(B)), the Secretary of Homeland Security, after consultation
with the Secretary of Labor, and upon the determination that the needs
of American businesses cannot be satisfied in fiscal year 2022 with
United States workers who are willing, qualified, and able to perform
temporary nonagricultural labor, shall increase the total number of
aliens who may receive a visa under section 101(a)(15)(H)(ii)(b) of
such Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) in such fiscal year above
such limitation by not more than the highest number of H-2B
nonimmigrants who participated in the H-2B returning worker program in
any fiscal year in which returning workers were exempt from such
numerical limitation.
Sec. 412. In fiscal year 2022, nonimmigrants shall be admitted to
the United States under section 101(a)(15)(H)(ii)(a) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) to perform
agricultural labor or services, without regard to whether such labor
is, or services are, of a temporary or seasonal nature.
TITLE V
GENERAL PROVISIONS
(including transfers and rescissions of funds)
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the fiscal year funded by this
Act unless expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of this Act,
the unexpended balances of prior appropriations provided for activities
in this Act may be transferred to appropriation accounts for such
activities established pursuant to this Act, may be merged with funds
in the applicable established accounts, and thereafter may be accounted
for as one fund for the same time period as originally enacted.
Sec. 503. (a) None of the funds provided by this Act, or provided
for the fiscal year funded by this Act from any accounts in the
Treasury of the United States derived from the collection of fees
available to the components funded by this Act, shall be available
for--
(1) any obligation that--
(A) creates or eliminates a program, project, or
activity; or
(B) contracts out any function presently performed
by Federal employees or any new function proposed to be
performed by Federal employees in the President's
budget, submitted pursuant to section 1105(a) of title
31, United States Code, and accompanying justification
materials for the fiscal year funded by this Act; or
(2) a reprogramming of funds that--
(A) augments funding for any program, project, or
activity in excess of $5,000,000 or 10 percent,
whichever is less; or
(B) reduces funding for any program, project, or
activity, or numbers of personnel, by 10 percent or
more.
(b) Subsection (a) shall not apply if the Committees on
Appropriations of the Senate and the House of Representatives are
notified at least 15 days in advance of such obligation or
reprogramming, respectively.
(c) Up to 5 percent of any appropriation made available to the
Department of Homeland Security by this Act may be transferred between
appropriations to address unforeseeable, exigent requirements or
circumstances if the Committees on Appropriations of the Senate and the
House of Representatives are notified at least 30 days in advance of
such transfer, except that--
(1) no such appropriation shall be augmented by more than
10 percent by such transfer unless otherwise specifically
provided in this Act; and
(2) no funding may be transferred from an appropriation
that is designated by the Congress as being for--
(A) an emergency requirement pursuant to a
concurrent resolution on the budget; or
(B) disaster relief pursuant to a concurrent
resolution on the budget.
(d) Notwithstanding subsections (b) and (c), no funds shall be
obligated for any purpose described in subsection (a) and no funds
shall be transferred between appropriations based upon an initial
notification provided after June 30, except--
(1) as otherwise provided in this Act; or
(2) when the Secretary provides a written justification and
certifies in writing to the Committees on Appropriations of the
Senate and the House of Representatives that such action is
necessary due to extraordinary circumstances that imminently
threaten the safety of human life or the protection of
property.
(e) An appropriation made available to the Department of Homeland
Security by this Act may not be used for a purpose proposed in the
President's budget, submitted pursuant to section 1105(a) of title 31,
United States Code, and accompanying justification materials for the
fiscal year funded by this Act if the explanatory statement
accompanying this Act explicitly directs that such appropriation is not
available for such purpose.
(f) The notification procedure set forth in subsection (b) shall
apply to the obligation of--
(1) Procurement, Construction, and Improvements funding in
this Act for any purpose that was not--
(A) proposed in the President's budget proposal,
submitted pursuant to section 1105(a) of title 31,
United States Code, and accompanying justification
materials for the fiscal year funded by this Act; or
(B) explicitly described in this Act or the
explanatory statement accompanying this Act; and
(2) Operations and Support funding to establish or
eliminate any office or other functional unit affecting more
than 10 full-time personnel equivalents.
(g) The notification thresholds and procedures set forth in
subsections (b), (c), (d), and (f) shall apply to any use of de-
obligated funds provided in previous Department of Homeland Security
Appropriations Acts that remain available for obligation.
(h) For purposes of this section--
(1) The term ``program, project, or activity'' means each
item--
(A) listed under an appropriation account or fee
funded program account for which an amount is specified
in the detailed funding table located at the end of the
explanatory statement accompanying this Act; or
(B) for which the explanatory statement
accompanying this Act specifies a funding amount,
except for amounts identified in a funding table other
than that described in subparagraph (A);
(2) The term ``reprogramming of funds'' means a reduction
to or augmentation of a funding amount specified in the
explanatory statement accompanying this Act for a program,
project, or activity; and
(3) The term ``unforeseeable, exigent requirements or
circumstances'' means those requirements or circumstances--
(A) about which the Department of Homeland Security
became aware after the date of enactment of this Act;
and
(B) for which an inability to obligate transferred
funds would result in a significant increase in costs
to the Federal government in subsequent fiscal years or
seriously compromise needed departmental capabilities,
as determined by the Secretary and certified in the
notification required under subsection (c).
(i) Unless otherwise provided in this Act, funding designated in
the explanatory statement accompanying this Act as being for a
``program, project, or activity'' is not available for the purposes of
any other such ``program, project, or activity''.
Sec. 504. (a) Section 504 of the Department of Homeland Security
Appropriations Act, 2017 (division F of Public Law 115-31), related to
the operations of a working capital fund, shall apply with respect to
funds made available in this Act in the same manner as such section
applied to funds made available in that Act.
(b) Funds from such working capital fund may be obligated and
expended in anticipation of reimbursements from components of the
Department of Homeland Security.
Sec. 505. (a) Except as otherwise specifically provided by law, not
more than 75 percent of the unobligated balances of amounts provided in
this Act for ``Operations and Support'' that remain available at the
end of the fiscal year funded by this Act, as recorded in the financial
records at the time of a notification described in subsection (b) but
not later than June 30 of the fiscal year after the fiscal year funded
by this Act, shall remain available, of which--
(1) not more than 67 percent shall remain available, in the
account and for the purposes for which the appropriations were
provided, through September 30 of the fiscal year after the
fiscal year funded by this Act; and
(2) not more than 33 percent shall be transferred to and
merged with the Department of Homeland Security ``Information
Technology Modernization Fund'', as authorized by section
1077(b)(1) of title X of division A of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91), and
shall remain available through the end of the third fiscal year
after the fiscal year in which the transfer is made.
(b) The Secretary of Homeland Security shall submit a notification
to the Committees on Appropriations of the Senate and the House of
Representatives at least 15 days in advance of the obligation or
transfer of balances described in subsections (a)(1) or (2),
respectively.
Sec. 506. (a) Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during the fiscal year funded by this Act until the enactment of
an Act authorizing intelligence activities for such fiscal year.
(b) Amounts described in subsection (a) made available for
``Intelligence, Analysis, and Operations Coordination--Operations and
Support'' that exceed the amounts in such authorization for such
account shall be transferred to ``Management Directorate--Operations
and Support''.
Sec. 507. (a) The Secretary of Homeland Security, or the designee
of the Secretary, shall notify the Committees on Appropriations of the
Senate and the House of Representatives at least 3 full business days
in advance of--
(1) making or awarding a grant allocation or grant in
excess of $1,000,000;
(2) making or awarding a contract, other transaction
agreement, or task or delivery order on a Department of
Homeland Security multiple award contract, or to issue a letter
of intent totaling in excess of $4,000,000;
(3) awarding a task or delivery order requiring an
obligation of funds in an amount greater than $10,000,000 from
multi-year Department of Homeland Security funds;
(4) making a sole-source grant award; or
(5) announcing publicly the intention to make or award
items under paragraph (1), (2), (3), or (4), including a
contract covered by the Federal Acquisition Regulation.
(b) If the Secretary of Homeland Security determines that
compliance with this section would pose a substantial risk to human
life, health, or safety, an award may be made without notification, and
the Secretary shall notify the Committees on Appropriations of the
Senate and the House of Representatives not later than 5 full business
days after such an award is made or letter issued.
(c) A notification under this section--
(1) may not involve funds that are not available for
obligation; and
(2) shall include the amount of the award; the fiscal year
for which the funds for the award were appropriated; the type
of contract; and the account from which the funds are being
drawn.
Sec. 508. Notwithstanding any other provision of law, no agency
shall purchase, construct, or lease any additional facilities, except
within or contiguous to existing locations, to be used for the purpose
of conducting Federal law enforcement training without advance
notification to the Committees on Appropriations of the Senate and the
House of Representatives, except that the Federal Law Enforcement
Training Centers is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement for
training that cannot be accommodated in existing Centers' facilities.
Sec. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any construction,
repair, alteration, or acquisition project for which a prospectus
otherwise required under chapter 33 of title 40, United States Code,
has not been approved, except that necessary funds may be expended for
each project for required expenses for the development of a proposed
prospectus.
Sec. 510. Sections 520, 522, and 530 of the Department of Homeland
Security Appropriations Act, 2008 (division E of Public Law 110-161;
121 Stat. 2073 and 2074) shall apply with respect to funds made
available in this Act in the same manner as such sections applied to
funds made available in that Act.
Sec. 511. (a) None of the funds made available in this Act may be
used in contravention of the applicable provisions of the Buy American
Act.
(b) For purposes of subsection (a), the term ``Buy American Act''
means chapter 83 of title 41, United States Code.
Sec. 512. None of the funds made available in this Act may be used
to amend the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 513. (a) None of the funds provided or otherwise made
available in this Act shall be available to carry out section 872 of
the Homeland Security Act of 2002 (6 U.S.C. 452) unless explicitly
authorized by the Congress.
(b) Subsection (a) shall not apply to--
(1) the use of such section 872 to establish an office
within the Office of the Secretary that shall, for departmental
workforce health, safety, and medical functions and
activities--
(A) develop departmental policies;
(B) establish standards;
(C) provide technical assistance;
(D) conduct oversight; and
(E) serve as the primary liaison and coordinator;
and
(2) the reallocation to an office established under
paragraph (1) of--
(A) the position and responsibilities of the Chief
Medical Officer and related personnel from the
Countering Weapons of Mass Destruction Office;
(B) the personnel, functions, and responsibilities
related to departmental workforce health and medical
activities from the Under Secretary for Management as
authorized in section 710 of the Homeland Security Act,
and related safety activities; and
(C) the responsibility of carrying out the program
authorized by section 528 of the Homeland Security Act
and related personnel.
(c) The Secretary of Homeland Security may transfer funds made
available in this Act under the headings ``Management Directorate'' and
``Countering Weapons of Mass Destruction Office'' consistent with the
establishment of the office and the reallocations of functions,
positions, and responsibilities described in subsection (b).
(d) The Secretary shall submit a notification to the Committees on
Appropriations of the Senate and the House of Representatives, the
Committee on Homeland Security of the House of Representatives, and the
Homeland Security and Governmental Affairs Committee of the Senate at
least 15 days prior to the establishment of the office described in
subsection (b).
(e) The functions of the office described in subsection (b) shall
not include chemical, biological, radiological, and nuclear programs of
the Countering Weapons of Mass Destruction Office and the transfer of
funds described in subsection (c) shall not include funding
appropriated for such programs.
Sec. 514. None of the funds made available in this Act may be used
for planning, testing, piloting, or developing a national
identification card.
Sec. 515. Any official that is required by this Act to report or
to certify to the Committees on Appropriations of the Senate and the
House of Representatives may not delegate such authority to perform
that act unless specifically authorized herein.
Sec. 516. None of the funds made available in this Act may be used
for first-class travel by the employees of agencies funded by this Act
in contravention of sections 301-10.122 through 301-10.124 of title 41,
Code of Federal Regulations.
Sec. 517. Notwithstanding any other provision of this Act, none of
the funds appropriated or otherwise made available by this Act may be
used to pay award or incentive fees for contractor performance that has
been judged to be below satisfactory performance or performance that
does not meet the basic requirements of a contract.
Sec. 518. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Homeland
Security to enter into any Federal contract unless such contract is
entered into in accordance with the requirements of subtitle I of title
41, United States Code, or chapter 137 of title 10, United States Code,
and the Federal Acquisition Regulation, unless such contract is
otherwise authorized by statute to be entered into without regard to
the above referenced statutes.
Sec. 519. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 520. None of the funds made available in this Act may be used
by a Federal law enforcement officer to facilitate the transfer of an
operable firearm to an individual if the Federal law enforcement
officer knows or suspects that the individual is an agent of a drug
cartel unless law enforcement personnel of the United States
continuously monitor or control the firearm at all times.
Sec. 521. (a) None of the funds made available in this Act may be
used to pay for the travel to or attendance of more than 50 employees
of a single component of the Department of Homeland Security, who are
stationed in the United States, at a single international conference
unless the Secretary of Homeland Security, or a designee, determines
that such attendance is in the national interest and notifies the
Committees on Appropriations of the Senate and the House of
Representatives within at least 10 days of that determination and the
basis for that determination.
(b) For purposes of this section the term ``international
conference'' shall mean a conference occurring outside of the United
States attended by representatives of the United States Government and
of foreign governments, international organizations, or nongovernmental
organizations.
(c) The total cost to the Department of Homeland Security of any
such conference shall not exceed $500,000.
(d) Employees who attend a conference virtually without travel away
from their permanent duty station shall not be counted for purposes of
this section, and the prohibition contained in this section shall not
apply to payments for the costs of attendance for such employees.
Sec. 522. None of the funds made available in this Act may be used
to reimburse any Federal department or agency for its participation in
a National Special Security Event.
Sec. 523. (a) None of the funds made available to the Department of
Homeland Security by this or any other Act may be obligated for any
structural pay reform that affects more than 100 full-time positions or
costs more than $5,000,000 in a single year before the end of the 30-
day period beginning on the date on which the Secretary of Homeland
Security submits to Congress a notification that includes--
(1) the number of full-time positions affected by such
change;
(2) funding required for such change for the fiscal year
funded by this Act and through the Future Years Homeland
Security Program;
(3) justification for such change; and
(4) an analysis of compensation alternatives to such change
that were considered by the Department.
(b) Subsection (a) shall not apply to such change if--
(1) it was proposed in the President's budget proposal for
the fiscal year funded by this Act; and
(2) funds for such change have not been explicitly denied
or restricted in this Act or in the explanatory statement
accompanying this Act.
Sec. 524. (a) Any agency receiving funds made available in this Act
shall, subject to subsections (b) and (c), post on the public website
of that agency any report required to be submitted by the Committees on
Appropriations of the Senate and the House of Representatives in this
Act, upon the determination by the head of the agency that it shall
serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises homeland
or national security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the Committees on
Appropriations of the Senate and the House of Representatives for not
less than 45 days except as otherwise specified in law.
Sec. 525. (a) Funding provided in this Act for ``Operations and
Support'' may be used for minor procurement, construction, and
improvements.
(b) For purposes of subsection (a), ``minor'' refers to end items
with a unit cost of $250,000 or less for personal property, and
$2,000,000 or less for real property.
Sec. 526. The authority provided by section 532 of the Department
of Homeland Security Appropriations Act, 2018 (Public Law 115-141)
regarding primary and secondary schooling of dependents shall continue
in effect during the fiscal year funded by this Act.
Sec. 527. (a) Section 831 of the Homeland Security Act of 2002 (6
U.S.C. 391) shall be applied--
(1) In subsection (a), by substituting ``September 30,
2022,'' for ``September 30, 2017,''; and
(2) In subsection (c)(1), by substituting ``September 30,
2022,'' for ``September 30, 2017''.
(b) The Secretary of Homeland Security, under the authority of
section 831 of the Homeland Security Act of 2002 (6 U.S.C. 391(a)), may
carry out prototype projects under section 2371b of title 10, United
States Code, and the Secretary shall perform the functions of the
Secretary of Defense as prescribed.
(c) The Secretary of Homeland Security under section 831 of the
Homeland Security Act of 2002 (6 U.S.C. 391(d)) may use the definition
of nontraditional government contractor as defined in section 2371b(e)
of title 10, United States Code.
Sec. 528. (a) None of the funds appropriated or otherwise made
available to the Department of Homeland Security by this Act may be
used to prevent any of the following persons from entering, for the
purpose of conducting oversight, any facility operated by or for the
Department of Homeland Security used to detain or otherwise house
aliens, or to make any temporary modification at any such facility that
in any way alters what is observed by a visiting member of Congress or
such designated employee, compared to what would be observed in the
absence of such modification:
(1) a Member of Congress; or
(2) an employee of the United States House of
Representatives or the United States Senate designated by such
a Member for the purposes of this section.
(b) Nothing in this section may be construed to require a Member of
Congress to provide prior notice of the intent to enter a facility
described in subsection (a) for the purpose of conducting oversight.
(c) With respect to individuals described in subsection (a)(2), the
Department of Homeland Security may require that a request be made at
least 24 hours in advance of an intent to enter a facility described in
subsection (a).
Sec. 529. (a) Except as provided in subsection (b), none of the
funds made available in this Act may be used to place restraints on a
woman in the custody of the Department of Homeland Security (including
during transport, in a detention facility, or at an outside medical
facility) who is pregnant or in post-delivery recuperation.
(b) Subsection (a) shall not apply with respect to a pregnant woman
if--
(1) an appropriate official of the Department of Homeland
Security makes an individualized determination that the woman--
(A) is a serious flight risk, and such risk cannot
be prevented by other means; or
(B) poses an immediate and serious threat to harm
herself or others that cannot be prevented by other
means; or
(2) a medical professional responsible for the care of the
pregnant woman determines that the use of therapeutic
restraints is appropriate for the medical safety of the woman.
(c) If a pregnant woman is restrained pursuant to subsection (b),
only the safest and least restrictive restraints, as determined by the
appropriate medical professional treating the woman, may be used. In no
case may restraints be used on a woman who is in active labor or
delivery, and in no case may a pregnant woman be restrained in a face-
down position with four-point restraints, on her back, or in a
restraint belt that constricts the area of the pregnancy. A pregnant
woman who is immobilized by restraints shall be positioned, to the
maximum extent feasible, on her left side.
Sec. 530. (a) None of the funds made available by this Act may be
used to destroy any document, recording, or other record pertaining to
any--
(1) death of,
(2) potential sexual assault or abuse perpetrated against,
or
(3) allegation of abuse, criminal activity, or disruption
committed by
an individual held in the custody of the Department of Homeland
Security.
(b) The records referred to in subsection (a) shall be made
available, in accordance with applicable laws and regulations, and
Federal rules governing disclosure in litigation, to an individual who
has been charged with a crime, been placed into segregation, or
otherwise punished as a result of an allegation described in paragraph
(3), upon the request of such individual.
Sec. 531. Section 519 of division F of Public Law 114-113,
regarding a prohibition on funding for any position designated as a
Principal Federal Official, shall apply with respect to any Federal
funds in the same manner as such section applied to funds made
available in that Act.
Sec. 532. (a) Not later than 30 days after the date of enactment of
this Act and updated semi-monthly during this fiscal year and
thereafter, the Secretary shall make available a report on a publicly
accessible website in a downloadable, searchable, and sortable format
that includes not less than the previous 12 months of data, as of the
last date of each such reporting period, on all requests to any law
enforcement component of the Department of Homeland Security for law
enforcement support in the form of personnel, aircraft, equipment, or
any other assets, which shall include each of the following for each
requesting entity:
(1) The name of the entity.
(2) The purposes for which support is requested.
(3) The numbers of personnel and the categories and numbers
of assets requested.
(4) The duration of the requested support.
(5) Whether the requested support was provided.
(6) The departmental official who approved providing such
support.
(7) The dates and descriptions of any support provided.
(8) The cost of providing such support.
(9) Whether the support is subject to reimbursement by the
requesting entity.
(b) The reporting requirements in subsection (a) shall apply to
requests from--
(1) Non-Federal law enforcement entities; and
(2) Federal law enforcement entities, including other such
entities of the Department of Homeland Security.
(c) No Federal funds may be obligated for such support to a non-
Federal entity related to a mass gathering or protest event unless
approved in advance by the Secretary of Homeland Security or the
Secretary's designee.
(d) The Secretary shall notify the Committees on Appropriations of
the Senate and the House of Representatives not more than 24 hours
after the approval of the support described in subsection (c).
Sec. 533. No Federal funds may be used by the Department of
Homeland Security to deny any benefit, application for admission, or
protection available to an individual under the Immigration and
Nationality Act (8 U.S.C. 1101 et. seq.) on the sole basis of any
event, conduct, finding, admission, history of addiction or abuse,
arrest, juvenile adjudication, or conviction related to cannabis
possession, consumption, or use.
Sec. 534. (a) For an additional amount for ``U.S. Customs and
Border Protection--Procurement, Construction, and Improvements'',
$655,000,000, to remain available until expended for construction and
modernization of land port of entry facilities.
(b) Not later than 180 days after the completion of the
construction or modernization of facilities funded in this section, the
Administrator of the U.S. General Services Administration shall
transfer ownership of such facilities to the Commissioner of U.S.
Customs and Border Protection.
(c) Section 503(c) of this Act shall not apply to the additional
amount made available in this section.
(rescissions of funds)
Sec. 535. Of the funds appropriated to the Department of Homeland
Security, the following funds are hereby rescinded from the following
accounts and programs in the specified amounts: Provided, That no
amounts may be rescinded from amounts that were designated by the
Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985 (Public Law 99-177):
(1) $21,650 from the unobligated balances available in the
``Office of the Executive Secretary--Operations and Support''
account (70 X 0100).
(2) $1,810 from the unobligated balances available in the
``Office of the Undersecretary for Management'' account (70 X
0112).
(3) $12,628,523 from the unobligated balances available in
the ``Management Directorate--Office of the Chief Information
Officer and Operations'' account (70 X 0113).
(4) $8,456 from the unobligated balances available in
Treasury Account Fund Symbol 70 X 0504, ``Immigration and
Customs Enforcement, Border and Transportation Security, INS''.
(5) $503 from the unobligated balances available in
Treasury Account Fund Symbol 70 X 8598, ``U.S. Immigration and
Customs Enforcement, Violent Crime Reduction Program''.
(6) $7,006 from the unobligated balances available in
Treasury Account Fund Symbol 70 X 0508, ``Transportation
Security Administration, Expenses''.
(7) $11,412 from the unobligated balances available in the
``Transportation Security Administration--Federal Air
Marshals'' account (70 X 0541).
(8) $311 from the unobligated balances available in the
``Transportation Security Administration--Surface
Transportation Security'' account (70 X 0551).
(9) $5,308,328 from the unobligated balances available in
the ``Transportation Security Administration--Intelligence and
Vetting'' account (70 X 0557).
(10) $1.41 from the unobligated balances available in the
``Transportation Security Administration--Research and
Development'' account (70 X 0553).
(11) $322,105 from the unobligated balances available in
the ``Transportation Security Administration--Transportation
Security Support'' account (70 X 0554).
(12) $457,920 from the unobligated balances available in
Treasury Account Fund Symbol 70 X 0900, ``Cybersecurity and
Infrastructure Security Agency, Operating Expenses''.
(13) $199,690 from the unobligated balances available in
the ``Federal Emergency Management Agency--State and Local
Programs'' account (70 X 0560).
(14) $1,670 from the unobligated balances available in the
``Federal Emergency Management Agency--Administrative and
Regional Operations, Emergency Preparedness and Response''
account (70 X 0712).
(15) $115,138 from the unobligated balances available in
the ``Federal Emergency Management Agency--Operations and
Support'' account (70 X 0700).
(16) $1,243,822 from the unobligated balances available in
Treasury Account Fund Symbol 70 X 0300, ``U.S. Citizenship and
Immigration Services, Operations and Support''.
(17) $350,656 from the unobligated balances available in
the ``Countering Weapons of Mass Destruction Office--Research
and Development'' account (70 X 0860).
(18) $3,000,000 from the unobligated balances available in
the ``Federal Emergency Management Agency--National Predisaster
Mitigation Fund'' account (70 X 0716).
(19) $65,000,000 from Public Law 116-93 under the heading
``Coast Guard--Procurement, Construction, and Improvements''.
(20) $24,339,000 from the unobligated balances available in
the ``U.S. Customs and Border Protection--Border Security
Fencing, Infrastructure, and Technology'' account (70 X 0533).
(21) $10,000,000 from Public Law 116-260 under the heading
``U.S. Customs and Border Protection--Procurement,
Construction, and Improvements''.
(22) $6,161,000 from the unobligated balances available in
the ``U.S. Customs and Border Protection--Procurement,
Construction, and Improvements'' account (70 X 0532).
(23) $4,500,000 from Public Law 115-141 under the heading
``U.S. Customs and Border Protection--Construction and Facility
Improvements''.
(24) $6,999 from the unobligated balances available in the
``U.S. Customs and Border Protection--Operations and Support''
account (70 X 0530).
(25) $2,168,776,000 from the unobligated prior year
balances from ``U.S. Customs and Border Protection--
Procurement, Construction, and Improvements''.
(26) $21,000,000 from Public Law 115-141 under the heading
``Coast Guard--Acquisition, Construction, and Improvements''.
(27) $8,000,000 from the unobligated balances available in
the ``Management Directorate--Office of Biometric Identity
Management'' account (70 X 0521).
This Act may be cited as the ``Department of Homeland Security
Appropriations Act, 2022''.
Union Calendar No. 62
117th CONGRESS
1st Session
H. R. 4431
[Report No. 117-87]
_______________________________________________________________________
A BILL
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2022, and for other purposes.
_______________________________________________________________________
July 15, 2021
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed