[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3058 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 3058
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2022, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 25, 2021
Mr. Murphy introduced the following bill; which was read twice and
referred to the Committee on Appropriations
_______________________________________________________________________
A BILL
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2022, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the Department of Homeland Security for the fiscal
year ending September 30, 2022, and for other purposes, namely:
TITLE I
DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT
Office of the Secretary and Executive Management
operations and support
For necessary expenses of the Office of the Secretary and for
executive management for operations and support, $221,555,000; of which
$20,304,000 shall be for the Office of the Ombudsman for Immigration
Detention, of which $5,000,000 shall remain available until September
30, 2023: Provided, That not to exceed $30,000 shall be for official
reception and representation expenses.
federal assistance
(including transfers of funds)
For necessary expenses of the Office of the Secretary and for
executive management for Federal assistance through grants, contracts,
cooperative agreements, and other activities, $20,000,000, which shall
be transferred to the Federal Emergency Management Agency for targeted
violence and terrorism prevention grants, to remain available until
September 30, 2023.
Management Directorate
operations and support
For necessary expenses of the Management Directorate for operations
and support, including for the purchase or lease of electric passenger
motor vehicles, $1,658,553,000, of which $80,500,000 shall remain
available until September 30, 2023: Provided, That not to exceed
$2,000 shall be for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Management Directorate for
procurement, construction, and improvements, $346,371,000, of which
$137,116,000 shall remain available until September 30, 2024, and of
which $209,255,000 shall remain available until September 30, 2026.
federal protective service
The revenues and collections of security fees credited to this
account shall be available until expended for necessary expenses
related to the protection of federally owned and leased buildings and
for the operations of the Federal Protective Service.
Intelligence, Analysis, and Operations Coordination
operations and support
For necessary expenses of the Office of Intelligence and Analysis
and the Office of Operations Coordination for operations and support,
$320,620,000, of which $112,121,000 shall remain available until
September 30, 2023: Provided, That not to exceed $3,825 shall be for
official reception and representation expenses and not to exceed
$2,000,000 is available for facility needs associated with secure space
at fusion centers, including improvements to buildings.
Office of the Inspector General
operations and support
For necessary expenses of the Office of the Inspector General for
operations and support, $205,359,000: Provided, That not to exceed
$300,000 may be used for certain confidential operational expenses,
including the payment of informants, to be expended at the direction of
the Inspector General.
Administrative Provisions
Sec. 101. (a) The Secretary of Homeland Security shall submit a
report not later than October 15, 2022, to the Inspector General of the
Department of Homeland Security listing all grants and contracts
awarded by any means other than full and open competition during fiscal
years 2021 or 2022.
(b) The Inspector General shall review the report required by
subsection (a) to assess departmental compliance with applicable laws
and regulations and report the results of that review to the Committees
on Appropriations of the Senate and the House of Representatives not
later than February 15, 2023.
Sec. 102. Not later than 30 days after the last day of each month,
the Chief Financial Officer of the Department of Homeland Security
shall submit to the Committees on Appropriations of the Senate and the
House of Representatives a monthly budget and staffing report that
includes total obligations of the Department for that month and for the
fiscal year at the appropriation and program, project, and activity
levels, by the source year of the appropriation.
Sec. 103. The Secretary of Homeland Security shall require that
all contracts of the Department of Homeland Security that provide award
fees link such fees to successful acquisition outcomes, which shall be
specified in terms of cost, schedule, and performance.
Sec. 104. (a) The Secretary of Homeland Security, in consultation
with the Secretary of the Treasury, shall notify the Committees on
Appropriations of the Senate and the House of Representatives of any
proposed transfers of funds available under section 9705(g)(4)(B) of
title 31, United States Code, from the Department of the Treasury
Forfeiture Fund to any agency within the Department of Homeland
Security.
(b) None of the funds identified for such a transfer may be
obligated until the Committees on Appropriations of the Senate and the
House of Representatives are notified of the proposed transfer.
Sec. 105. All official costs associated with the use of Government
aircraft by Department of Homeland Security personnel to support
official travel of the Secretary and the Deputy Secretary shall be paid
from amounts made available for the Office of the Secretary.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
operations and support
(including transfer of funds)
For necessary expenses of U.S. Customs and Border Protection for
operations and support, including the transportation of unaccompanied
children; the provision of air and marine support to Federal, State,
local, and international agencies in the enforcement or administration
of laws enforced by the Department of Homeland Security; at the
discretion of the Secretary of Homeland Security, the provision of such
support to Federal, State, and local agencies in other law enforcement
and emergency humanitarian efforts; the purchase and lease of up to
7,500 (6,500 for replacement only) police-type vehicles; the purchase,
maintenance, or operation of marine vessels, aircraft, and unmanned
aerial systems; and contracting with individuals for personal services
abroad; $13,605,535,000; of which $3,274,000 shall be derived from the
Harbor Maintenance Trust Fund for administrative expenses related to
the collection of the Harbor Maintenance Fee pursuant to section
9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 9505(c)(3))
and notwithstanding section 1511(e)(1) of the Homeland Security Act of
2002 (6 U.S.C. 551(e)(1)); of which $500,000,000 shall be available
until September 30, 2023; and of which such sums as become available in
the Customs User Fee Account, except sums subject to section
13031(f)(3) of the Consolidated Omnibus Budget Reconciliation Act of
1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account:
Provided, That not to exceed $34,425 shall be for official reception
and representation expenses: Provided further, That not to exceed
$150,000 shall be available for payment for rental space in connection
with preclearance operations: Provided further, That not to exceed
$2,000,000 shall be for awards of compensation to informants, to be
accounted for solely under the certificate of the Secretary of Homeland
Security: Provided further, That not to exceed $50,000,000 may be
transferred to the Department of the Interior for mitigation
activities, including land acquisition, related to construction of
border barriers on Federal lands: Provided further, That the
Commissioner shall submit a notification to the Committees on
Appropriations of the Senate and the House of Representatives prior to
the obligation or transfer of the amounts described in the preceding
proviso.
procurement, construction, and improvements
For necessary expenses of U.S. Customs and Border Protection for
procurement, construction, and improvements, including procurement of
marine vessels, aircraft, and unmanned aerial systems, $717,398,000, of
which $318,973,000 shall remain available until September 30, 2024, and
of which $398,425,000 shall remain available until September 30, 2026.
U.S. Immigration and Customs Enforcement
operations and support
For necessary expenses of U.S. Immigration and Customs Enforcement
for operations and support, including the purchase and lease of up to
3,790 (2,350 for replacement only) police-type vehicles; overseas
vetted units; and maintenance, minor construction, and minor leasehold
improvements at owned and leased facilities; $7,882,019,000; of which
not less than $6,000,000 shall remain available until expended for
efforts to enforce laws against forced child labor; of which
$46,696,000 shall remain available until September 30, 2023; of which
not less than $1,500,000 is for paid apprenticeships for participants
in the Human Exploitation Rescue Operative Child-Rescue Corps; of which
not less than $15,000,000 shall be available for investigation of
intellectual property rights violations, including operation of the
National Intellectual Property Rights Coordination Center; and of which
not less than $3,925,114,000 shall be for enforcement, detention, and
removal operations, including transportation of unaccompanied children:
Provided, That not to exceed $11,475 shall be for official reception
and representation expenses: Provided further, That not to exceed
$10,000,000 shall be available until expended for conducting special
operations under section 3131 of the Customs Enforcement Act of 1986
(19 U.S.C. 2081): Provided further, That not to exceed $2,000,000
shall be for awards of compensation to informants, to be accounted for
solely under the certificate of the Secretary of Homeland Security:
Provided further, That not to exceed $11,216,000 shall be available to
fund or reimburse other Federal agencies for the costs associated with
the care, maintenance, and repatriation of smuggled noncitizens
unlawfully present in the United States.
procurement, construction, and improvements
For necessary expenses of U.S. Immigration and Customs Enforcement
for procurement, construction, and improvements, $51,700,000, of which
$34,321,000 shall remain available until September 30, 2024, and of
which $17,379,000 shall remain available until September 30, 2026.
Transportation Security Administration
operations and support
For necessary expenses of the Transportation Security
Administration for operations and support, $8,094,787,000, to remain
available until September 30, 2023: Provided, That not to exceed
$7,650 shall be for official reception and representation expenses:
Provided further, That security service fees authorized under section
44940 of title 49, United States Code, shall be credited to this
appropriation as offsetting collections and shall be available only for
aviation security: Provided further, That the sum appropriated under
this heading from the general fund shall be reduced on a dollar-for-
dollar basis as such offsetting collections are received during fiscal
year 2022 so as to result in a final fiscal year appropriation from the
general fund estimated at not more than $5,984,787,000.
procurement, construction, and improvements
For necessary expenses of the Transportation Security
Administration for procurement, construction, and improvements,
$134,492,000, to remain available until September 30, 2024.
research and development
For necessary expenses of the Transportation Security
Administration for research and development, $35,532,000, to remain
available until September 30, 2023.
Coast Guard
operations and support
For necessary expenses of the Coast Guard for operations and
support including the Coast Guard Reserve; purchase or lease of not to
exceed 25 passenger motor vehicles, which shall be for replacement
only; purchase or lease of small boats for contingent and emergent
requirements (at a unit cost of not more than $700,000) and repairs and
service-life replacements, not to exceed a total of $31,000,000;
purchase, lease, or improvements of boats necessary for overseas
deployments and activities; payments pursuant to section 156 of Public
Law 97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation and
welfare; $9,066,020,000, of which $530,000,000 shall be for defense-
related activities; of which $24,500,000 shall be derived from the Oil
Spill Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of
which $27,456,000 shall remain available until September 30, 2026, for
environmental compliance and restoration; and of which $100,000,000
shall remain available until September 30, 2023, for vessel depot level
maintenance: Provided, That not to exceed $23,000 shall be for
official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Coast Guard for procurement,
construction, and improvements, including aids to navigation, shore
facilities (including facilities at Department of Defense installations
used by the Coast Guard), and vessels and aircraft, including equipment
related thereto, $1,711,600,000, to remain available until September
30, 2026; of which $20,000,000 shall be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of section 1012(a)(5) of
the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)).
research and development
For necessary expenses of the Coast Guard for research and
development; and for maintenance, rehabilitation, lease, and operation
of facilities and equipment; $7,476,000, to remain available until
September 30, 2024, of which $500,000 shall be derived from the Oil
Spill Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)):
Provided, That there may be credited to and used for the purposes of
this appropriation funds received from State and local governments,
other public authorities, private sources, and foreign countries for
expenses incurred for research, development, testing, and evaluation.
retired pay
For retired pay, including the payment of obligations otherwise
chargeable to lapsed appropriations for this purpose, payments under
the Retired Serviceman's Family Protection and Survivor Benefits Plans,
payment for career status bonuses, payment of continuation pay under
section 356 of title 37, United States Code, concurrent receipts,
combat-related special compensation, and payments for medical care of
retired personnel and their dependents under chapter 55 of title 10,
United States Code, $1,963,519,000, to remain available until expended.
United States Secret Service
operations and support
For necessary expenses of the United States Secret Service for
operations and support, including purchase of not to exceed 652
vehicles for police-type use; hire of passenger motor vehicles;
purchase of motorcycles made in the United States; hire of aircraft;
rental of buildings in the District of Columbia; fencing, lighting,
guard booths, and other facilities on private or other property not in
Government ownership or control, as may be necessary to perform
protective functions; conduct of and participation in firearms matches;
presentation of awards; conduct of behavioral research in support of
protective intelligence and operations; payment in advance for
commercial accommodations as may be necessary to perform protective
functions; and payment, without regard to section 5702 of title 5,
United States Code, of subsistence expenses of employees who are on
protective missions, whether at or away from their duty stations;
$2,520,528,000; of which $51,621,000 shall remain available until
September 30, 2023, and of which $6,000,000 shall be for a grant for
activities related to investigations of missing and exploited children;
and of which up to $15,000,000 may be for calendar year 2021 premium
pay in excess of the annual equivalent of the limitation on the rate of
pay contained in section 5547(a) of title 5, United States Code,
pursuant to section 2 of the Overtime Pay for Protective Services Act
of 2016 (5 U.S.C. 5547 note), as last amended by Public Law 116-269:
Provided, That not to exceed $19,125 shall be for official reception
and representation expenses: Provided further, That not to exceed
$100,000 shall be to provide technical assistance and equipment to
foreign law enforcement organizations in criminal investigations within
the jurisdiction of the United States Secret Service.
procurement, construction, and improvements
For necessary expenses of the United States Secret Service for
procurement, construction, and improvements, $54,849,000, to remain
available until September 30, 2024.
research and development
For necessary expenses of the United States Secret Service for
research and development, $2,310,000, to remain available until
September 30, 2023.
Administrative Provisions
Sec. 201. Section 201 of the Department of Homeland Security
Appropriations Act, 2018 (division F of Public Law 115-141), related to
overtime compensation limitations, shall apply with respect to funds
made available in this Act in the same manner as such section applied
to funds made available in that Act, except that ``fiscal year 2022''
shall be substituted for ``fiscal year 2018''.
Sec. 202. Funding made available under the headings ``U.S. Customs
and Border Protection--Operations and Support'' and ``U.S. Customs and
Border Protection--Procurement, Construction, and Improvements'' shall
be available for customs expenses when necessary to maintain operations
and prevent adverse personnel actions in Puerto Rico and the U.S.
Virgin Islands, in addition to funding provided by sections 740 and
1406i of title 48, United States Code.
Sec. 203. As authorized by section 601(b) of the United States-
Colombia Trade Promotion Agreement Implementation Act (Public Law 112-
42), fees collected from passengers arriving from Canada, Mexico, or an
adjacent island pursuant to section 13031(a)(5) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall
be available until expended.
Sec. 204. For an additional amount for ``U.S. Customs and Border
Protection--Operations and Support'', $31,000,000, to remain available
until expended, to be reduced by amounts collected and credited to this
appropriation in fiscal year 2022 from amounts authorized to be
collected by section 286(i) of the Immigration and Nationality Act (8
U.S.C. 1356(i)), section 10412 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8311), and section 817 of the Trade
Facilitation and Trade Enforcement Act of 2015 (Public Law 114-25), or
other such authorizing language: Provided, That to the extent that
amounts realized from such collections exceed $31,000,000, those
amounts in excess of $31,000,000 shall be credited to this
appropriation, to remain available until expended.
Sec. 205. None of the funds made available in this Act for U.S.
Customs and Border Protection may be used to prevent an individual not
in the business of importing a prescription drug (within the meaning of
section 801(g) of the Federal Food, Drug, and Cosmetic Act) from
importing a prescription drug from Canada that complies with the
Federal Food, Drug, and Cosmetic Act: Provided, That this section
shall apply only to individuals transporting on their person a
personal-use quantity of the prescription drug, not to exceed a 90-day
supply: Provided further, That the prescription drug may not be--
(1) a controlled substance, as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
Sec. 206. Notwithstanding any other provision of law, none of the
funds provided in this or any other Act shall be used to approve a
waiver of the navigation and vessel-inspection laws pursuant to section
501(b) of title 46, United States Code, for the transportation of crude
oil distributed from and to the Strategic Petroleum Reserve until the
Secretary of Homeland Security, after consultation with the Secretaries
of the Departments of Energy and Transportation and representatives
from the United States flag maritime industry, takes adequate measures
to ensure the use of United States flag vessels: Provided, That the
Secretary shall notify the Committees on Appropriations of the Senate
and the House of Representatives, the Committee on Commerce, Science,
and Transportation of the Senate, and the Committee on Transportation
and Infrastructure of the House of Representatives within 2 business
days of any request for waivers of navigation and vessel-inspection
laws pursuant to section 501(b) of title 46, United States Code, with
respect to such transportation, and the disposition of such requests.
Sec. 207. (a) Beginning on the date of enactment of this Act, the
Secretary of Homeland Security shall not--
(1) establish, collect, or otherwise impose any new border
crossing fee on individuals crossing the Southern border or the
Northern border at a land port of entry; or
(2) conduct any study relating to the imposition of a
border crossing fee.
(b) In this section, the term ``border crossing fee'' means a fee
that every pedestrian, cyclist, and driver and passenger of a private
motor vehicle is required to pay for the privilege of crossing the
Southern border or the Northern border at a land port of entry.
Sec. 208. Not later than 90 days after the date of enactment of
this Act, the Secretary of Homeland Security shall submit an
expenditure plan for any amounts made available for ``U.S. Customs and
Border Protection--Procurement, Construction, and Improvements'' in
this Act and prior Acts to the Committees on Appropriations of the
Senate and the House of Representatives: Provided, That no such
amounts provided in this Act may be obligated prior to the submission
of such plan.
Sec. 209. Section 211 of the Department of Homeland Security
Appropriations Act, 2021 (division F of Public Law 116-260),
prohibiting the use of funds for the construction of fencing in certain
areas, shall apply with respect to funds made available in this Act in
the same manner as such section applied to funds made available in that
Act.
Sec. 210. Funds made available in this Act may be used to alter
operations within the National Targeting Center of U.S. Customs and
Border Protection: Provided, That none of the funds provided by this
Act, provided by previous appropriations Acts that remain available for
obligation or expenditure in fiscal year 2022, or provided from any
accounts in the Treasury of the United States derived by the collection
of fees available to the components funded by this Act, may be used to
reduce anticipated or planned vetting operations at existing locations
unless specifically authorized by a statute enacted after the date of
enactment of this Act.
Sec. 211. None of the funds provided under the heading ``U.S.
Immigration and Customs Enforcement--Operations and Support'' may be
used to continue a delegation of law enforcement authority authorized
under section 287(g) of the Immigration and Nationality Act (8 U.S.C.
1357(g)) if the Department of Homeland Security Inspector General
determines that the terms of the agreement governing the delegation of
authority have been materially violated.
Sec. 212. (a) None of the funds provided under the heading ``U.S.
Immigration and Customs Enforcement--Operations and Support'' may be
used to continue any contract for the provision of detention services
if the two most recent overall performance evaluations received by the
contracted facility are less than ``adequate'' or the equivalent median
score in any subsequent performance evaluation system.
(b) The performance evaluations referenced in subsection (a) shall
be conducted by the U.S. Immigration and Customs Enforcement Office of
Professional Responsibility.
Sec. 213. The reports required to be submitted under section 218
of the Department of Homeland Security Appropriations Act, 2020
(division D of Public Law 116-93) shall continue to be submitted with
respect to the period beginning 15 days after the date of the enactment
of this Act and semimonthly thereafter, and each matter required to be
included in such report by such section 218 shall apply in the same
manner and to the same extent during the period described in this
section, except that for purposes of reports submitted with respect to
such period described, the following additional requirements shall be
treated as being included as subparagraphs (H) through (J) of paragraph
(1) of such section 218--
(1) the average lengths of stay, including average post-
determination length of stay in the case of detainees described
in subparagraph (F), for individuals who remain in detention as
of the last date of each such reporting period;
(2) the number who have been in detention, disaggregated by
the number of detainees described in subparagraph (F), for each
of the following--
(A) over 2 years;
(B) from over 1 year to 2 years;
(C) from over 6 months to 1 year; and
(D) for less than 6 months; and
(3) the number of individuals described in section 115.5 of
title 28, Code of Federal Regulations, including the use and
duration of solitary confinement for such person.
Sec. 214. The terms and conditions of sections 216 and 217 of the
Department of Homeland Security Appropriations Act, 2020 (division D of
Public Law 116-93) shall apply to this Act.
Sec. 215. Members of the United States House of Representatives
and the United States Senate, including the leadership; the heads of
Federal agencies and commissions, including the Secretary, Deputy
Secretary, Under Secretaries, and Assistant Secretaries of the
Department of Homeland Security; the United States Attorney General,
Deputy Attorney General, Assistant Attorneys General, and the United
States Attorneys; and senior members of the Executive Office of the
President, including the Director of the Office of Management and
Budget, shall not be exempt from Federal passenger and baggage
screening.
Sec. 216. Any award by the Transportation Security Administration
to deploy explosives detection systems shall be based on risk, the
airport's current reliance on other screening solutions, lobby
congestion resulting in increased security concerns, high injury rates,
airport readiness, and increased cost effectiveness.
Sec. 217. Notwithstanding section 44923 of title 49, United States
Code, for fiscal year 2022, any funds in the Aviation Security Capital
Fund established by section 44923(h) of title 49, United States Code,
may be used for the procurement and installation of explosives
detection systems or for the issuance of other transaction agreements
for the purpose of funding projects described in section 44923(a) of
such title.
Sec. 218. Not later than 30 days after the submission of the
President's budget proposal, the Administrator of the Transportation
Security Administration shall submit to the Committees on
Appropriations and Commerce, Science, and Transportation of the Senate
and the Committees on Appropriations and Homeland Security in the House
of Representatives a single report that fulfills the following
requirements:
(1) a Capital Investment Plan that includes a plan for
continuous and sustained capital investment in new, and the
replacement of aged, transportation security equipment;
(2) the 5-year technology investment plan as required by
section 1611 of title XVI of the Homeland Security Act of 2002,
as amended by section 3 of the Transportation Security
Acquisition Reform Act (Public Law 113-245); and
(3) the Advanced Integrated Passenger Screening
Technologies report as required by the Senate Report
accompanying the Department of Homeland Security Appropriations
Act, 2019 (Senate Report 115-283).
Sec. 219. (a) None of the funds made available by this Act under
the heading ``Coast Guard--Operations and Support'' shall be for
expenses incurred for recreational vessels under section 12114 of title
46, United States Code, except to the extent fees are collected from
owners of yachts and credited to the appropriation made available by
this Act under the heading ``Coast Guard--Operations and Support''.
(b) To the extent such fees are insufficient to pay expenses of
recreational vessel documentation under such section 12114, and there
is a backlog of recreational vessel applications, personnel performing
non-recreational vessel documentation functions under subchapter II of
chapter 121 of title 46, United States Code, may perform documentation
under section 12114.
Sec. 220. Without regard to the limitation as to time and
condition of section 503(d) of this Act, after June 30, up to
$10,000,000 may be reprogrammed to or from the Military Personnel
funding category within ``Coast Guard--Operations and Support'' in
accordance with subsection (a) of section 503 of this Act.
Sec. 221. Notwithstanding any other provision of law, the
Commandant of the Coast Guard shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a future-
years capital investment plan as described in the second proviso under
the heading ``Coast Guard--Acquisition, Construction, and
Improvements'' in the Department of Homeland Security Appropriations
Act, 2015 (Public Law 114-4), which shall be subject to the
requirements in the third and fourth provisos under such heading.
Sec. 222. Of the funds made available for defense-related
activities under the heading ``Coast Guard--Operations and Support'',
up to $190,000,000 that are used for enduring overseas missions in
support of the global fight against terror may be reallocated by
program, project, and activity, notwithstanding section 503 of this
Act.
Sec. 223. None of the funds in this Act shall be used to reduce
the Coast Guard's legacy Operations Systems Center mission or its
government-employed or contract staff levels.
Sec. 224. None of the funds appropriated by this Act may be used
to conduct, or to implement the results of, a competition under Office
of Management and Budget Circular A-76 for activities performed with
respect to the Coast Guard National Vessel Documentation Center.
Sec. 225. Funds made available in this Act may be used to alter
operations within the Civil Engineering Program of the Coast Guard
nationwide, including civil engineering units, facilities design and
construction centers, maintenance and logistics commands, and the Coast
Guard Academy, except that none of the funds provided in this Act may
be used to reduce operations within any civil engineering unit unless
specifically authorized by a statute enacted after the date of
enactment of this Act.
Sec. 226. Amounts deposited into the Coast Guard Housing Fund in
fiscal year 2022 shall be available until expended to carry out the
purposes of section 2946 of title 14, United States Code, and shall be
in addition to funds otherwise available for such purposes.
Sec. 227. The United States Secret Service is authorized to
obligate funds in anticipation of reimbursements from executive
agencies, as defined in section 105 of title 5, United States Code, for
personnel receiving training sponsored by the James J. Rowley Training
Center, except that total obligations at the end of the fiscal year
shall not exceed total budgetary resources available under the heading
``United States Secret Service--Operations and Support'' at the end of
the fiscal year.
Sec. 228. None of the funds made available to the United States
Secret Service by this Act or by previous appropriations Acts may be
made available for the protection of the head of a Federal agency other
than the Secretary of Homeland Security: Provided, That the Director
of the United States Secret Service may enter into agreements to
provide such protection on a fully reimbursable basis.
Sec. 229. For purposes of section 503(a)(3) of this Act, up to
$15,000,000 may be reprogrammed within ``United States Secret Service--
Operations and Support''.
Sec. 230. Funding made available in this Act for ``United States
Secret Service--Operations and Support'' is available for travel of
United States Secret Service employees on protective missions without
regard to the limitations on such expenditures in this or any other Act
if the Director of the United States Secret Service or a designee
notifies the Committees on Appropriations of the Senate and the House
of Representatives 10 or more days in advance, or as early as
practicable, prior to such expenditures.
Sec. 231. (a) None of the funds provided under the heading ``U.S.
Immigration and Customs Enforcement-- Operations and Support'' may be
used to engage in civil immigration enforcement activities, such as
arrests, expulsions, custodial detention, removals, or referrals,
processing, or issuance of charging documents, using Homeland Security
Investigations personnel, resources, or capabilities, absent probable
cause that the individual facing such enforcement action has been
convicted of a criminal offense, excluding state, local, or Federal
offenses for which an essential element was the noncitizen's
immigration status.
(b) For the purposes of this section, criminal offenses for which
an essential element was the noncitizen's immigration status includes,
but is not limited to, offenses identified in sections 264, 266(a) or
(b), 275, or 276 of the Immigration and Nationality Act and state and
local offenses for which an essential element was the noncitizen's
immigration status.
Sec. 232. (a) Amounts made available to U.S. Immigration and
Customs Enforcement by transfer pursuant to the Coronavirus Aid,
Relief, and Economic Security Act (Public Law 116-136), that remain
available for obligation in the fiscal year funded by this Act may be
used--
(1) for the reunification of children separated from a
parent or legal guardian at the United States-Mexico border
between January 20, 2017, and January 20, 2021, for the
assistance that the Secretary determines necessary to
accomplish reunification of separated families; and
(2) to provide or reimburse third parties for the provision
of COVID-19 testing and shelter for the purpose of voluntary
isolation of persons encountered by U.S. Customs and Border
Protection after entering the United States along the southwest
border and deemed inadmissible under section 212(a) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)): Provided,
That such testing and shelter shall be provided immediately
after such persons leave Department of Homeland Security
custody: Provided further, That for purposes of this section,
funds may only be used in States or jurisdictions that do not
have an agreement with the Federal government for the provision
or reimbursement of such services.
(b) Each amount repurposed by this section that was previously
designated by the Congress as an emergency requirement pursuant to the
Balanced Budget and Emergency Deficit Control Act of 1985 is designated
by the Congress as being for an emergency requirement pursuant to
section 4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th
Congress), the concurrent resolution on the budget for fiscal year
2022, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Sec. 233. For an additional amount for ``Coast Guard--Procurement,
Construction, and Improvements'', $50,000,000, to remain available
until expended, which shall be distributed as a grant to the National
Coast Guard Museum Association (as defined in section 316(i)(2) of
title 14, United States Code) to carry out activities under section
316(d) of such title of such Act, notwithstanding subsections (b)(1)
and (h) of such section 316.
Sec. 234. (a) Not later than 180 days after the date of enactment
of this section, U.S. Immigration and Customs Enforcement shall develop
a risk classification instrument for individuals subject to section
236(c) of the Immigration and Nationality Act (8 U.S.C. 1226(c)),
following the procedures outlined in this section, that includes an
individualized evidence-based recommendation as to the least
restrictive condition, or combination of conditions, reasonably
necessary to mitigate subsection (b)(1).
(b) The instrument described in subsection (a) shall, at a
minimum--
(1) consider whether the individual is a flight risk, a
danger to public safety, or a national security threat;
(2) properly considers mitigating factors for any
identified risks under subsection (b)(1), such as, whether the
individual resides in the United States, has immigration
status, has a pending application for relief in immigration
court, is employed, has minor children, has strong community
ties, family support, identifies as a member of a special
population, including persons who identify as transgender, has
a disability or chronic illness, or is a survivor of torture or
trafficking; and
(3) be developed in consultation with the Officer for Civil
Rights and Civil Liberties and the Immigration Detention
Ombudsman.
(c) Independent Verification and Validation.--Prior to the full
implementation of the instrument described in subsections (a) and (b),
the instrument shall undergo an Independent Verification and Validation
to ensure that the instrument produces an individualized determination
grounded in evidence-based decision-making, except that, as a part of
the Independent Verification and Validation process, the agency may use
the instrument to determine the validity of the instrument. The
Validation process shall also ensure that appropriate training, as
described in subsection (d), is developed for full implementation.
(d) Training.--
(1) Not later than 60 days after the instrument is
developed as described in subsections (a) through (c), the
Director shall--
(A) develop procedures for, and ensure execution
of, training for all employees on such instrument,
including comprehensive training to fully execute
instrument overrides;
(B) consider whether decision-makers require an
understanding of the concepts of predictive validity in
detention decision-making, comparative use of risk
assessment instruments in the criminal justice system,
evidence-based decision-making, risk management,
trauma-informed care, including the psychological
consequences of detention, implicit bias, and
recidivism in the civil context principles; in order to
fully and accurately execute the instrument;
(C) ensure that such training is required for all
such employees responsible for making detention
decisions prior to their use; and
(D) identify and ensure annual training at the
Director's discretion.
(2) The Director shall provide the Committee the results of
such training, including copies of training materials, within
30 days of developing such training.
(e) Required Use.--Following approval, review, and appropriate
training described in subsections (a) through (d), U.S. Immigration and
Customs Enforcement shall use the instrument to make individualized
evidence-based decisions as to the least restrictive condition or
combination of conditions, reasonably necessary to mitigate subsection
(b)(1), and shall follow the instrument's recommendation, except in the
case of subsection (g), notwithstanding section 236(c) of the
Immigration and Nationality Act (8 U.S.C. 1226(c)).
(f) Process and Timing Requirements.--
(1) The instrument may be used at any time, including upon
intake, but not later than 21 days after such individual is
taken into detention.
(2) In cases where continued detention is recommended by
the instrument, a detention review shall occur not less than 60
days from the time of initial determination, or earlier in
cases of changed circumstances.
(3) In cases where an individual employee overrides the
recommendation of such instrument resulting in continued
detention, such override shall be reviewed by a supervisor not
less than 10 days after such override occurs.
(g) Documentation.--Determinations based on the results of the
instrument described in subsections (a) and (f), at a minimum, shall be
thoroughly documented in the agency's system of record, including any
such instrument override decisions which result in continued detention,
which shall also meet the procedures described in subsection (h).
(h) Instrument Overrides.--The Director shall ensure that--
(1) the only available instrument overrides are derived
from the verification and validation process described in
subsection (c);
(2) overrides that result in continued detention are
reviewed as described in subsection (f)(3);
(3) overrides that result in continued detention are not
used regularly and occur in unusual circumstances;
(4) override rates that result in continued detention are
documented and reviewed, at a minimum, in the following
manner--
(A) by Supervisors, Field Office Directors, or
their successors, for any decision-maker who exceed
overrides in 5 percent of their total instrument cases;
and
(B) for any field office whose overrides exceed 5
percent of their total instrument cases per field
office, the Director reviews the results of such field
office, not less than every 90 days;
(5) any decision-maker or field office whose total override
rate exceeds 10 percent of total instrument cases, undergoes
additional training; and
(6) the Committee receives override rates, disaggregated by
field office, within 180 days of full implementation of the
instrument and annually thereafter.
(i) Forms.--The Director shall ensure that all forms currently in
use by the agency, are updated to reflect the instrument described in
subsection (a), including the Notice of Detention Determination and all
such administrative appeal options.
(j) Interim Procedures.--Until such time as the instrument has
undergone the procedures outlined in subsections (a) through (c), the
agency shall utilize the following procedures:
(1) Not later than 30 days after the date of enactment of
this section, the Secretary of Homeland Security shall approve
a segmented risk classification assessment process, developed
by U.S. Immigration and Customs Enforcement that includes a
determination as to whether a detained individual is a flight
risk, a public safety threat, or a national security threat;
and
(2) Following approval of the assessment process in
subsection (a), U.S. Immigration and Customs Enforcement shall
conduct a risk classification for each detained individual held
in detention for at least 14 days, to be completed within 21
days of such individual being taken into detention, and make an
individualized, documented detention determination that shall
include the option to release such individual from detention,
notwithstanding section 236(c) of the Immigration and
Nationality Act (8 U.S.C. 1226(c)).
(k) Biannual Review.--The instrument shall be reviewed not less
than biannually by the Director, in consultation with the Officer for
Civil Rights and Civil Liberties and the Immigration Detention
Ombudsman, to ensure instrument recommendations and procedures are
followed, training is sufficient, and the use and implementation of the
instrument is aligned with best practices and evidence-based decision-
making. The results of such review shall be provided to the Committee
within 60 days and shall identify any needs the agency may have in
carrying out the terms of this section.
(l) Rules of Construction.--Nothing in this section shall be
construed to--
(1) grant to any person any substantive due process right;
(2) interfere with any settlement agreement;
(3) interfere with any Federal habeas right;
(4) require a bond if the instrument recommends release
from detention; and
(5) impact any detention process or decision other than for
those persons subject to section 236(c) of the Immigration and
Nationality Act (8 U.S.C. 1226(c)).
(m) Definitions.--For the purposes of this section:
(1) The term ``risk classification instrument'', or
``instrument'', means an independently verified and validated
tool that includes an individualized recommendation as to the
appropriate level of custody, which is actuarial in nature and
grounded in evidence-based decision-making.
(2) The term ``detention'' shall mean the physical
detention or physical custody of such individual by U.S.
Immigration and Customs Enforcement, and is distinguished from
the legal custody or level of custody of such individual.
(3) The term ``Director'' shall mean the Director of U.S.
Immigration and Customs Enforcement.
(4) The term ``agency'' shall mean U.S. Immigration and
Customs Enforcement.
(5) The term ``Committee'' means the Committees on
Appropriations of the Senate and the House of Representatives.
(6) The term ``changed circumstances'' shall mean evidence,
facts, or information that are substantial in nature and that
were unknown or unanticipated when the prior decision was made,
which may be raised by either the person in detention or the
decision-maker, including, but not limited to, a determination
that a person was not initially subject to section 236(c) of
the Immigration and Nationality Act (8 U.S.C. 1226(c)),
evidentiary support for mitigating factors, health-related,
medical, or family emergencies, or other humanitarian concerns,
or a change in criminal charging documents.
(7) The term ``Independent Verification and Validation''
shall mean a verification and validation performed by an
organization that is technically, managerially, and financially
independent of U.S. Immigration and Customs Enforcement, which
shall involve a comprehensive review, analysis, and testing
performed by an objective third party to confirm that the
requirements are correctly defined, and to confirm that the
system correctly implements the required functionality and
security requirements.
(8) The term ``level of custody'', or ``custody'', shall
mean a significant restraint on liberty not shared by the
public generally, including conditions and restrictions that
significantly restrain an individual's liberty, which may
include home confinement, alternatives to detention, but does
not exclusively mean physical custody or physical detention.
(9) The term ``instrument override'' means the ability of a
decision-maker to change the risk level, outcome, or
recommendation provided by the instrument.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Cybersecurity and Infrastructure Security Agency
operations and support
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for operations and support, $2,077,585,000, of which
$33,293,000, shall remain available until September 30, 2023:
Provided, That not to exceed $3,825 shall be for official reception and
representation expenses.
procurement, construction, and improvements
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for procurement, construction, and improvements,
$530,562,000, to remain available until September 30, 2024.
research and development
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for research and development, $9,931,000, to remain
available until September 30, 2023.
cybersecurity response and recovery fund
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for cyber response and recovery, $20,000,000, to remain
available until expended: Provided, That such amounts shall be used to
provide support to critical infrastructure, including through the
provision of services, technology, or capabilities, with or without
reimbursement, to respond to or recover from a significant cyber
incident as defined in Presidential Policy Directive 41: Provided
further, That such support may include the provision of assistance to
private entities and State, local, territorial, and tribal governments
in responding to or recovering from a significant cyber incident:
Provided further, That amounts appropriated under this heading shall be
available only upon a determination by the President that additional
resources are needed for the purposes under this heading: Provided
further, That amounts made available under this heading shall be in
addition to any other amounts available for such purposes.
Federal Emergency Management Agency
operations and support
For necessary expenses of the Federal Emergency Management Agency
for operations and support, $1,391,121,000: Provided, That not to
exceed $2,250 shall be for official reception and representation
expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Emergency Management Agency
for procurement, construction, and improvements, $191,212,000, of which
$80,002,000 shall remain available until September 30, 2024, and of
which $111,210,000 shall remain available until September 30, 2026.
federal assistance
(including transfer of funds)
For activities of the Federal Emergency Management Agency for
Federal assistance through grants, contracts, cooperative agreements,
and other activities, $3,496,604,000, which shall be allocated as
follows:
(1) $610,000,000 for the State Homeland Security Grant
Program under section 2004 of the Homeland Security Act of 2002
(6 U.S.C. 605), of which $90,000,000 shall be for Operation
Stonegarden, $15,000,000 shall be for Tribal Homeland Security
Grants under section 2005 of the Homeland Security Act of 2002
(6 U.S.C. 606), and $90,000,000 shall be for organizations (as
described under section 501(c)(3) of the Internal Revenue Code
of 1986 and exempt from tax under section 501(a) of such code)
determined by the Secretary of Homeland Security to be at high
risk of a terrorist attack: Provided, That notwithstanding
subsection (c)(4) of such section 2004, for fiscal year 2022,
the Commonwealth of Puerto Rico shall make available to local
and tribal governments amounts provided to the Commonwealth of
Puerto Rico under this paragraph in accordance with subsection
(c)(1) of such section 2004.
(2) $705,000,000 for the Urban Area Security Initiative
under section 2003 of the Homeland Security Act of 2002 (6
U.S.C. 604), of which $90,000,000 shall be for organizations
(as described under section 501(c)(3) of the Internal Revenue
Code of 1986 and exempt from tax under section 501(a) of such
code) determined by the Secretary of Homeland Security to be at
high risk of a terrorist attack.
(3) $100,000,000 for Public Transportation Security
Assistance, Railroad Security Assistance, and Over-the-Road Bus
Security Assistance under sections 1406, 1513, and 1532 of the
Implementing Recommendations of the 9/11 Commission Act of 2007
(6 U.S.C. 1135, 1163, and 1182), of which $10,000,000 shall be
for Amtrak security and $2,000,000 shall be for Over-the-Road
Bus Security: Provided, That such public transportation
security assistance shall be provided directly to public
transportation agencies.
(4) $100,000,000 for Port Security Grants in accordance
with section 70107 of title 46, United States Code.
(5) $740,000,000, to remain available until September 30,
2023, of which $370,000,000 shall be for Assistance to
Firefighter Grants and $370,000,000 shall be for Staffing for
Adequate Fire and Emergency Response Grants under sections 33
and 34 respectively of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2229 and 2229a).
(6) $355,000,000 for emergency management performance
grants under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121), the Earthquake
Hazards Reduction Act of 1977 (42 U.S.C. 7701), section 762 of
title 6, United States Code, and Reorganization Plan No. 3 of
1978 (5 U.S.C. App.).
(7) $275,500,000 for necessary expenses for Flood Hazard
Mapping and Risk Analysis, in addition to and to supplement any
other sums appropriated under the National Flood Insurance
Fund, and such additional sums as may be provided by States or
other political subdivisions for cost-shared mapping activities
under section 1360(f)(2) of the National Flood Insurance Act of
1968 (42 U.S.C. 4101(f)(2)), to remain available until
expended.
(8) $12,000,000 for Regional Catastrophic Preparedness
Grants.
(9) $12,000,000 for Rehabilitation of High Hazard Potential
Dams under section 8A of the National Dam Safety Program Act
(33 U.S.C. 467f-2).
(10) $130,000,000 for the emergency food and shelter
program under title III of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11331), to remain available until
expended: Provided, That not to exceed 3.5 percent shall be
for total administrative costs.
(11) $100,000,000 for carrying out the establishment of
revolving loan funds under section 205 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5135).
(12) $63,504,000 for Congressionally Directed Spending
grants, which shall be for the purposes, and the amounts,
specified in the table entitled ``Congressionally Directed
Spending Items'' in the explanatory statement accompanying this
Act, of which--
(A) in addition to amounts otherwise made available
for such purpose, $29,889,000 is for emergency
operations center grants under section 614 of the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 6196c);
(B) in addition to amounts otherwise made available
for such purpose, $31,615,000 is for pre-disaster
mitigation grants under section 203 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5133(e)), notwithstanding subsections (f),
(g), and (l) of that section (42 U.S.C. 5133(f), (g),
and (l)); and
(C) $2,000,000 shall be transferred to ``Federal
Emergency Management Agency--Operations and Support'',
to manage and administer Congressionally Directed
Spending grants.
(13) $293,600,000 to sustain current operations for
training, exercises, technical assistance, and other programs.
disaster relief fund
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$18,799,000,000, to remain available until expended, shall be for major
disasters declared pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and is designated
by the Congress as being for disaster relief pursuant to section
4004(b)(6) and section 4005(f) of S. Con. Res. 14 (117th Congress), the
concurrent resolution on the budget for fiscal year 2022.
national flood insurance fund
For activities under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001 et seq.), the Biggert-Waters Flood Insurance Reform Act of
2012 (Public Law 112-141, 126 Stat. 916), and the Homeowner Flood
Insurance Affordability Act of 2014 (Public Law 113-89; 128 Stat.
1020), $214,706,000, to remain available until September 30, 2023,
which shall be derived from offsetting amounts collected under section
1308(d) of the National Flood Insurance Act of 1968 (42 U.S.C.
4015(d)); of which $15,706,000 shall be available for mission support
associated with flood management; and of which $199,000,000 shall be
available for flood plain management and flood mapping: Provided, That
any additional fees collected pursuant to section 1308(d) of the
National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)) shall be
credited as offsetting collections to this account, to be available for
flood plain management and flood mapping: Provided further, That in
fiscal year 2022, no funds shall be available from the National Flood
Insurance Fund under section 1310 of the National Flood Insurance Act
of 1968 (42 U.S.C. 4017) in excess of--
(1) $197,393,000 for operating expenses and salaries and
expenses associated with flood insurance operations;
(2) $876,743,000 for commissions and taxes of agents;
(3) such sums as are necessary for interest on Treasury
borrowings; and
(4) $175,000,000, which shall remain available until
expended, for flood mitigation actions and for flood mitigation
assistance under section 1366 of the National Flood Insurance
Act of 1968 (42 U.S.C. 4104c), notwithstanding sections 1366(e)
and 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017):
Provided further, That the amounts collected under section 102 of the
Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) and section
1366(e) of the National Flood Insurance Act of 1968 (42 U.S.C.
4104c(e)), shall be deposited in the National Flood Insurance Fund to
supplement other amounts specified as available for section 1366 of the
National Flood Insurance Act of 1968, notwithstanding section
102(f)(8), section 1366(e) of the National Flood Insurance Act of 1968,
and paragraphs (1) through (3) of section 1367(b) of such Act (42
U.S.C. 4012a(f)(8), 4104c(e), 4104d(b)(1)-(3)): Provided further, That
total administrative costs shall not exceed 4 percent of the total
appropriation: Provided further, That up to $5,000,000 is available to
carry out section 24 of the Homeowner Flood Insurance Affordability Act
of 2014 (42 U.S.C. 4033).
Administrative Provisions
(including transfer of funds)
Sec. 301. (a) Funds made available under the heading
``Cybersecurity and Infrastructure Security Agency--Operations and
Support'' may be made available for the necessary expenses of carrying
out the competition specified in section 2(e) of Executive Order No.
13870 (May 2, 2019), including the provision of monetary and non-
monetary awards for Federal civilian employees and members of the
uniformed services, the necessary expenses for the honorary recognition
of any award recipients, and activities to encourage participation in
the competition, including promotional items.
(b) Any awards made pursuant to this section shall be of the same
type and amount as those authorized under sections 4501 through 4505 of
title 5, United States Code.
Sec. 302. (a) The Under Secretary for Management shall submit,
concurrent with the budget of the President that is submitted to
Congress pursuant to section 1105(a) of title 31, United States Code, a
report on the unfunded priorities for the Cybersecurity and
Infrastructure Security Agency.
(b) The report under this section shall specify, for each such
unfunded priority--
(1) a summary description, including the objectives to be
achieved if such priority is funded (whether in whole or in
part);
(2) the description, including the objectives to be
achieved if such priority is funded (whether in whole or in
part);
(3) account information, including the following (as
applicable)--
(A) appropriation account; and
(B) program, project, or activity name; and
(4) the additional number of full-time or part-time
positions to be funded as part of such priority.
(c) In this section, the term ``unfunded priority'', in the case of
a fiscal year, means a requirement that--
(1) is not funded in the budget referred to in subsection
(a);
(2) is necessary to fulfill a requirement associated with
an operational or contingency plan for the Department; and
(3) would have been recommended for funding through the
budget referred to in subsection (a) if--
(A) additional resources had been available for the
budget to fund the requirement;
(B) the requirement has emerged since the budget
was formulated; or
(C) the requirement is necessary to sustain prior-
year investments.
Sec. 303. The Cybersecurity and Infrastructure Security Agency
shall provide to the Committees on Appropriations of the Senate and
House of Representatives monthly reports to be submitted not later than
the tenth business day following the end of each month, on the status
of funds made available under the heading ``Cybersecurity and
Infrastructure Agency--Cyber Response and Recovery Fund'', including an
accounting of the most recent funding allocation estimates,
obligations, expenditures, and unobligated funds, delineated by
significant cyber incident as defined in Presidential Policy Directive
41.
Sec. 304. Notwithstanding section 2008(a)(12) of the Homeland
Security Act of 2002 (6 U.S.C. 609(a)(12)) or any other provision of
law, not more than 5 percent of the amount of a grant made available in
paragraphs (1) through (4) under ``Federal Emergency Management
Agency--Federal Assistance'', may be used by the grantee for expenses
directly related to administration of the grant.
Sec. 305. Applications for grants under the heading ``Federal
Emergency Management Agency--Federal Assistance'', for paragraphs (1)
through (4), shall be made available to eligible applicants not later
than 60 days after the date of enactment of this Act, eligible
applicants shall submit applications not later than 80 days after the
grant announcement, and the Administrator of the Federal Emergency
Management Agency shall act within 65 days after the receipt of an
application.
Sec. 306. Under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for grants under paragraphs (1) through
(4), (8), and (9), the Administrator of the Federal Emergency
Management Agency shall brief the Committees on Appropriations of the
Senate and the House of Representatives 5 full business days in advance
of announcing publicly the intention of making an award.
Sec. 307. Under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for grants under paragraphs (1) and (2),
the installation of communications towers is not considered
construction of a building or other physical facility.
Sec. 308. The reporting requirements in paragraphs (1) and (2)
under the heading ``Federal Emergency Management Agency--Disaster
Relief Fund'' in the Department of Homeland Security Appropriations
Act, 2015 (Public Law 114-4) shall be applied in fiscal year 2022 with
respect to budget year 2023 and current fiscal year 2022,
respectively--
(1) in paragraph (1) by substituting ``fiscal year 2023''
for ``fiscal year 2016''; and
(2) in paragraph (2) by inserting ``business'' after
``fifth''.
Sec. 309. In making grants under the heading ``Federal Emergency
Management Agency--Federal Assistance'', for Staffing for Adequate Fire
and Emergency Response grants, the Administrator of the Federal
Emergency Management Agency may grant waivers from the requirements in
subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1), (c)(2), and (c)(4)
of section 34 of the Federal Fire Prevention and Control Act of 1974
(15 U.S.C. 2229a).
Sec. 310. (a) Of the amount made available by section 4005 of the
American Rescue Plan Act of 2021 (Public Law 117-2)--
(1) up to $1,000,000,000, in addition to any amounts set
aside pursuant to section 203(i) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5133(i)), shall be available for the Building Resilient
Infrastructure and Communities grant program to mitigate the
effects of climate change; and
(2) $14,000,000 shall be transferred to the Department of
Homeland Security Office of Inspector General for oversight of
the obligations of funds made available under such section
4005.
Sec. 311. (a) The aggregate charges assessed during fiscal year
2022 , as authorized in title III of the Departments of Veterans
Affairs and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1999 (42 U.S.C. 5196e), shall not be less than 100
percent of the amounts anticipated by the Department of Homeland
Security to be necessary for its Radiological Emergency Preparedness
Program for the next fiscal year.
(b) The methodology for assessment and collection of fees shall be
fair and equitable and shall reflect costs of providing such services,
including administrative costs of collecting such fees.
(c) Such fees shall be deposited in a Radiological Emergency
Preparedness Program account as offsetting collections and will become
available for authorized purposes on October 1, 2022, and remain
available until expended.
Sec. 312. In making grants under the heading ``Federal Emergency
Management Agency--Federal Assistance'', for Assistance to Firefighter
Grants, the Administrator of the Federal Emergency Management Agency
may waive subsection (k) of section 33 of the Federal Fire Prevention
and Control Act of 1974 (15 U.S.C. 2229).
Sec. 313. (a) Up to 1 percent of the appropriations made available
under paragraphs (1) and (2) under the heading ``Federal Emergency
Management Agency--Federal Assistance'' may be transferred to the
appropriation made available under the heading ``Federal Emergency
Management Agency--Operations and Support'' for the purpose of
conducting independently verified and validated evaluations on the
effectiveness of grants awarded under the State Homeland Security Grant
Program and Urban Area Security Initiative.
(b) Any funds transferred under this section shall be in addition
to any other amounts otherwise made available for the same purpose.
(c) The transfer authority provided in this section shall be in
addition to any other transfer authority provided in this Act.
TITLE IV
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
U.S. Citizenship and Immigration Services
operations and support
For necessary expenses of U.S. Citizenship and Immigration Services
for operations and support, including for the E-Verify Program,
application processing, the reduction of backlogs within U.S.
Citizenship and Immigration Services asylum, field, and service center
offices, and support of the refugee program, $459,504,000, of which
$87,619,000 shall remain available until September 30, 2023: Provided,
That such amounts shall be in addition to any other amounts made
available for such purposes, and shall not be construed to require any
reduction of any fee described in section 286(m) of the Immigration and
Nationality Act (8 U.S.C. 1356(m)).
federal assistance
For necessary expenses of U.S. Citizenship and Immigration Services
for Federal assistance for the Citizenship and Integration Grant
Program, $20,000,000.
Federal Law Enforcement Training Centers
operations and support
For necessary expenses of the Federal Law Enforcement Training
Centers for operations and support, including the purchase of not to
exceed 117 vehicles for police-type use and hire of passenger motor
vehicles, and services as authorized by section 3109 of title 5, United
States Code, $322,436,000, of which $61,618,000 shall remain available
until September 30, 2023: Provided, That not to exceed $7,180 shall be
for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Law Enforcement Training
Centers for procurement, construction, and improvements, $33,200,000,
to remain available until September 30, 2026, for acquisition of
necessary additional real property and facilities, construction and
ongoing maintenance, facility improvements and related expenses of the
Federal Law Enforcement Training Centers.
Science and Technology Directorate
operations and support
For necessary expenses of the Science and Technology Directorate
for operations and support, including the purchase or lease of not to
exceed 5 vehicles, $325,590,000, of which $186,624,000 shall remain
available until September 30, 2023: Provided, That not to exceed
$10,000 shall be for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Science and Technology Directorate
for procurement, construction, and improvements, $12,859,000, to remain
available until September 30, 2026.
research and development
For necessary expenses of the Science and Technology Directorate
for research and development, $530,454,000, to remain available until
September 30, 2024.
Countering Weapons of Mass Destruction Office
operations and support
For necessary expenses of the Countering Weapons of Mass
Destruction Office for operations and support, $171,750,000, of which
$35,606,000 shall remain available until September 30, 2023: Provided,
That not to exceed $2,250 shall be for official reception and
representation expenses.
procurement, construction, and improvements
For necessary expenses of the Countering Weapons of Mass
Destruction Office for procurement, construction, and improvements,
$71,604,000, to remain available until September 30, 2024.
research and development
For necessary expenses of the Countering Weapons of Mass
Destruction Office for research and development, $65,709,000, to remain
available until September 30, 2024.
federal assistance
For necessary expenses of the Countering Weapons of Mass
Destruction Office for Federal assistance through grants, contracts,
cooperative agreements, and other activities, $132,948,000, to remain
available until September 30, 2024.
Administrative Provisions
Sec. 401. Notwithstanding any other provision of law, funds
otherwise made available to U.S. Citizenship and Immigration Services
may be used to acquire, operate, equip, and dispose of up to 5
vehicles, for replacement only, for areas where the Administrator of
General Services does not provide vehicles for lease: Provided, That
the Director of U.S. Citizenship and Immigration Services may authorize
employees who are assigned to those areas to use such vehicles to
travel between the employees' residences and places of employment.
Sec. 402. None of the funds appropriated by this Act may be used
to process or approve a competition under Office of Management and
Budget Circular A-76 for services provided by employees (including
employees serving on a temporary or term basis) of U.S. Citizenship and
Immigration Services of the Department of Homeland Security who are
known as Immigration Information Officers, Immigration Service
Analysts, Contact Representatives, Investigative Assistants, or
Immigration Services Officers.
Sec. 403. The terms and conditions of section 403 of the
Department of Homeland Security Appropriations Act, 2020 (division D of
Public Law 116-93) shall apply to this Act.
Sec. 404. The Director of the Federal Law Enforcement Training
Centers is authorized to distribute funds to Federal law enforcement
agencies for expenses incurred participating in training accreditation.
Sec. 405. The Federal Law Enforcement Training Accreditation
Board, including representatives from the Federal law enforcement
community and non-Federal accreditation experts involved in law
enforcement training, shall lead the Federal law enforcement training
accreditation process to continue the implementation of measuring and
assessing the quality and effectiveness of Federal law enforcement
training programs, facilities, and instructors.
Sec. 406. The Director of the Federal Law Enforcement Training
Centers may accept transfers to its ``Procurement, Construction, and
Improvements'' account from Government agencies requesting the
construction of special use facilities, as authorized by the Economy
Act (31 U.S.C. 1535(b)): Provided, That the Federal Law Enforcement
Training Centers maintain administrative control and ownership upon
completion of such facilities.
Sec. 407. The functions of the Federal Law Enforcement Training
Centers instructor staff shall be classified as inherently governmental
for purposes of the Federal Activities Inventory Reform Act of 1998 (31
U.S.C. 501 note).
Sec. 408. Notwithstanding the seventh proviso under the heading
``Immigration and Naturalization Service--Salaries and Expenses'' in
Public Law 105-119 (relating to FD-258 fingerprint cards), or any other
provision of law, funds made available to U.S. Citizenship and
Immigration Services by this or any other Act may be used for the
collection and use of biometrics taken at a U.S. Citizenship and
Immigration Services Application Support Center that is overseen
virtually by U.S. Citizenship and Immigration Services personnel using
appropriate technology.
Sec. 409. Notwithstanding section 286(n) of the Immigration and
Nationality Act (8 U.S.C. 1356(n)), the Director of U.S. Citizenship
and Immigration Services may use not more than $2,500 of amounts
deposited in the Immigration Examinations Fee Account for official
reception and representation expenses in fiscal year 2022.
Sec. 410. Section 401(b) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) shall be
applied by substituting ``September 30, 2022'' for ``September 30,
2015''.
Sec. 411. Subclauses 101(a)(27)(C)(ii)(II) and (III) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii)(II) and
(III)) shall be applied by substituting ``September 30, 2022'' for
``September 30, 2015''.
Sec. 412. Section 220(c) of the Immigration and Nationality
Technical Corrections Act of 1994 (8 U.S.C. 1182 note) shall be applied
by substituting ``September 30, 2022'' for ``September 30, 2015''.
Sec. 413. Notwithstanding the numerical limitation set forth in
section 214(g)(1)(B) of the Immigration and Nationality Act (8 U.S.C.
1184(g)(1)(B)), the Secretary of Homeland Security, after consultation
with the Secretary of Labor, and upon the determination that the needs
of American businesses cannot be satisfied in fiscal year 2022 with
United States workers who are willing, qualified, and able to perform
temporary nonagricultural labor, may increase the total number of
aliens who may receive a visa under section 101(a)(15)(H)(ii)(b) of
such Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) in such fiscal year above
such limitation by not more than the highest number of H-2B
nonimmigrants who participated in the H-2B returning worker program in
any fiscal year in which returning workers were exempt from such
numerical limitation.
Sec. 414. (a) Notwithstanding any other provision of law, beginning
in fiscal year 2022, the worldwide level of family-sponsored immigrants
under subsection (c) of section 201 of the Immigration and Nationality
Act (8 U.S.C. 1151) and the worldwide level of employment-based
immigrants under subsection (d) of such section shall each be increased
by the number computed under subsection (b) of this section with
respect to each of such worldwide levels.
(b) For each of the worldwide levels described in subsection (a) of
this section, the number computed under this subsection is the
difference (if any) between the sum of the worldwide levels established
under the applicable subsection of section 201 of the Immigration and
Nationality Act (8 U.S.C. 1151) for fiscal years 2020 and 2021 and the
number of visas that were issued and used as the basis for an
application for admission into the United States as an immigrant
described in the applicable subsection during such fiscal years.
(c) The Secretary of State, in consultation with the Secretary of
Homeland Security, shall allocate the visas made available as a result
of the computation under subsection (b) on a proportional basis
consistent with subsections (a) and (b) of section 203 of the
Immigration and Nationality Act (8 U.S.C. 1153(a) and (b)), and in
accordance with subsection (e)(1) of such section (8 U.S.C.
1153(e)(1)).
(d) Each visa made available as a result of the computation made
under subsection (b) of this section shall remain available for use in
fiscal year 2022 or any subsequent fiscal year, until the Secretary of
State, in consultation with the Secretary of Homeland Security,
determines that such visa has been issued and used as the basis for an
application for admission into the United States.
(e) For fiscal year 2021 and 2022, the number computed under
subsection (c)(3)(C) of section 201 of the Immigration and Nationality
Act (8 U.S.C. 1151), and the number computed under subsection (d)(2)(C)
of such section, are deemed to equal zero.
(f) Notwithstanding section 204(a)(1)(I)(ii)(II) of the Immigration
and Nationality Act (8 U.S.C. 1154(a)(1)(I)(ii)(II)), and subject to
subsection (i) of this section, an immigrant visa for those selected in
accordance with section 203(e)(2) of the Immigration and Nationality
Act (8 U.S.C. 1153(e)(2)) in fiscal year 2020 or 2021 shall remain
available to such alien if, because of restrictions or limitations on
visa processing, visa issuance, travel, or other effects associated
with the COVID-19 public health emergency--
(1) the alien was unable to receive a visa interview
despite submitting an Online Immigrant Visa and Alien
Registration Application (Form DS-260) to the Secretary of
State; or
(2) the alien was unable to seek admission or was denied
admission to the United States despite being approved for a
visa under section 203(c) of the Immigration and Nationality
Act (8 U.S.C. 1153(c)).
(g) Not later than 90 days after the date of the enactment of this
section, the Secretary of State shall--
(1) provide written notice consistent with subsection (h)
to each alien described in subsection (f) (and such alien's
representative, if applicable) of their continuing eligibility
to apply for a visa under section 203(c) of the Immigration and
Nationality Act (8 U.S.C. 1153(c)); and
(2) publish on the Department of State website, information
and procedures implementing this section.
(h) The notice described in subsection (g)(1) shall include
procedures for the alien to inform the Secretary of State of the
alien's intent to proceed with or abandon the application, and shall
include an advisal that such application shall be deemed abandoned if
the alien fails to notify the Secretary of State of the alien's intent
to proceed within one year after the date on which the notice was
issued.
(i) An alien described in subsection (f) shall remain eligible to
receive a visa described in such subsection until the earliest of the
date that--
(1) the alien--
(A) notifies the Secretary of State of the alien's
intent to abandon the application; or
(B) fails to respond to the notice described in
subsection (g)(1); or
(2) the Secretary of State makes a final determination of
the alien's ineligibility for such visa under section
203(c)(2), 204(a)(1)(I)(iii), or 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1153(c)(2), 1154(a)(1)(I)(iii), or
1182(a)).
(j) A determination of whether an alien is the child of a visa
recipient described in subsection (f), pursuant to section 203(d) of
the Immigration and Nationality Act (8 U.S.C. 1153(d)) shall be made
using the age of the child when the applicant was initially selected
for a visa in accordance with section 203(e)(2) of such Act.
Sec. 415. (a) Notwithstanding section 204(a)(1)(I)(ii)(II) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(I)(ii)(II)), and
subject to subsection (d) of this section, an immigrant visa for those
selected in accordance with section 203(e)(2) of the Immigration and
Nationality Act (8 U.S.C. 1153(e)(2)) in any of fiscal years 2017,
2018, 2019, 2020, or 2021 shall remain available to such alien if the
alien was refused a visa, prevented from seeking admission, or denied
admission to the United States solely because of--
(1) Executive Order 13769 (82 Fed. Reg. 8977; relating to
``Protecting the Nation from Foreign Terrorist Entry into the
United States'');
(2) Executive Order 13780 (82 Fed. Reg. 13209; relating
``Protecting the Nation from Foreign Terrorist Entry into the
United States'');
(3) Proclamation 9645 (82 Fed. Reg. 45161; relating to
``Enhancing Vetting Capabilities and Processes for Detecting
Attempted Entry into the United States by Terrorists or Other
Public-Safety Threats''); or
(4) Proclamation 9983 (85 Fed. Reg. 6699; relating to
``Improving Enhanced Vetting Capabilities and Processes for
Detecting Attempted Entry into the United States by Terrorists
or Other Public-Safety Threats'').
(b) Not later than 90 days after the date of the enactment of this
section, the Secretary of State shall--
(1) provide written notice, consistent with subsection (c),
to each alien described in subsection (a) (and such alien's
representative, if applicable) of the alien's continuing
eligibility to apply for a visa under section 203(c) of the
Immigration and Nationality Act (8 U.S.C. 1153(c)); and
(2) publish on the Department of State website, information
and procedures implementing this section.
(c) The notice described in subsection (b)(1) shall include
procedures for the alien to inform the Secretary of State of the
alien's intent to proceed with or abandon the application, and shall
include an advisal that such appliction shall be deemed abandoned if
the alien fails to notify the Secretary of State of the alien's intent
to proceed within one year after the date on which the notice was
issued.
(d) An alien described in subsection (a) shall remain eligible to
receive a visa described in such subsection until the earliest of the
date that--
(1) the alien--
(A) notifies the Secretary of State of the alien's
intent to abandon the application; or
(B) fails to respond to the notice described in
subsection (b)(1); or
(2) the Secretary of State makes a final determination of
the alien's ineligibility for such visa under section
203(c)(2), 204(a)(1)(I)(iii), or 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1153(c)(2), 1154(a)(1)(I)(iii), or
1182(a)).
(e) A determination of whether an alien is the child of a visa
recipient described in subsection (a), pursuant to section 203(d) of
the Immigration and Nationality Act (8 U.S.C. 153(d)) shall be made
using the age of the child when applicant was initially selected for a
visa in accordance with section 203(e)(2) of such Act.
TITLE V
GENERAL PROVISIONS
(including transfers and rescissions of funds)
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of this Act,
the unexpended balances of prior appropriations provided for activities
in this Act may be transferred to appropriation accounts for such
activities established pursuant to this Act, may be merged with funds
in the applicable established accounts, and thereafter may be accounted
for as one fund for the same time period as originally enacted.
Sec. 503. (a) None of the funds provided by this Act, provided by
previous appropriations Acts to the components in or transferred to the
Department of Homeland Security that remain available for obligation or
expenditure in fiscal year 2022, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the components funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates or eliminates a program, project, or activity,
or increases funds for any program, project, or activity for
which funds have been denied or restricted by the Congress;
(2) contracts out any function or activity presently
performed by Federal employees or any new function or activity
proposed to be performed by Federal employees in the
President's budget proposal for fiscal year 2022 for the
Department of Homeland Security;
(3) augments funding for existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever is
less;
(4) reduces funding for any program, project, or activity,
or numbers of personnel, by 10 percent or more; or
(5) results from any general savings from a reduction in
personnel that would result in a change in funding levels for
programs, projects, or activities as approved by the Congress.
(b) Subsection (a) shall not apply if the Committees on
Appropriations of the Senate and the House of Representatives are
notified at least 15 days in advance of such reprogramming.
(c) Up to 5 percent of any appropriation made available for the
current fiscal year for the Department of Homeland Security by this Act
or provided by previous appropriations Acts may be transferred between
such appropriations if the Committees on Appropriations of the Senate
and the House of Representatives are notified at least 30 days in
advance of such transfer, but no such appropriation, except as
otherwise specifically provided, shall be increased by more than 10
percent by such transfer.
(d) Notwithstanding subsections (a), (b), and (c), no funds shall
be reprogrammed within or transferred between appropriations based upon
an initial notification provided after June 30, except in extraordinary
circumstances that imminently threaten the safety of human life or the
protection of property.
(e) The notification thresholds and procedures set forth in
subsections (a), (b), (c), and (d) shall apply to any use of
deobligated balances of funds provided in previous Department of
Homeland Security Appropriations Acts that remain available for
obligation in the current year.
(f) Notwithstanding subsection (c), the Secretary of Homeland
Security may transfer to the fund established by 8 U.S.C. 1101 note, up
to $20,000,000 from appropriations available to the Department of
Homeland Security: Provided, That the Secretary shall notify the
Committees on Appropriations of the Senate and the House of
Representatives at least 5 days in advance of such transfer.
Sec. 504. Section 504 of the Department of Homeland Security
Appropriations Act, 2017 (division F of Public Law 115-31), related to
the operations of a working capital fund, shall apply with respect to
funds made available in this Act in the same manner as such section
applied to funds made available in that Act: Provided, That funds from
such working capital fund may be obligated and expended in anticipation
of reimbursements from components of the Department of Homeland
Security.
Sec. 505. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2022, as recorded in the financial records at the
time of a reprogramming notification, but not later than June 30, 2023,
from appropriations for ``Operations and Support'' for fiscal year 2022
in this Act shall remain available through September 30, 2023, in the
account and for the purposes for which the appropriations were
provided: Provided, That prior to the obligation of such funds, a
notification shall be submitted to the Committees on Appropriations of
the Senate and the House of Representatives in accordance with section
503 of this Act.
Sec. 506. (a) Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2022 until the enactment of an Act authorizing
intelligence activities for fiscal year 2022.
(b) Amounts described in subsection (a) made available for
``Intelligence, Analysis, and Operations Coordination--Operations and
Support'' that exceed the amounts in such authorization for such
account shall be transferred to and merged with amounts made available
under the heading ``Management Directorate--Operations and Support''.
Sec. 507. (a) The Secretary of Homeland Security, or the designee
of the Secretary, shall notify the Committees on Appropriations of the
Senate and the House of Representatives at least 3 full business days
in advance of--
(1) making or awarding a grant allocation or grant in
excess of $1,000,000;
(2) making or awarding a contract, other transaction
agreement, or task or delivery order on a Department of
Homeland Security multiple award contract, or to issue a letter
of intent totaling in excess of $4,000,000;
(3) awarding a task or delivery order requiring an
obligation of funds in an amount greater than $10,000,000 from
multi-year Department of Homeland Security funds;
(4) making a sole-source grant award; or
(5) announcing publicly the intention to make or award
items under paragraph (1), (2), (3), or (4), including a
contract covered by the Federal Acquisition Regulation.
(b) If the Secretary of Homeland Security determines that
compliance with this section would pose a substantial risk to human
life, health, or safety, an award may be made without notification, and
the Secretary shall notify the Committees on Appropriations of the
Senate and the House of Representatives not later than 5 full business
days after such an award is made or letter issued.
(c) A notification under this section--
(1) may not involve funds that are not available for
obligation; and
(2) shall include the amount of the award; the fiscal year
for which the funds for the award were appropriated; the type
of contract; and the account from which the funds are being
drawn.
Sec. 508. Notwithstanding any other provision of law, no agency
shall purchase, construct, or lease any additional facilities, except
within or contiguous to existing locations, to be used for the purpose
of conducting Federal law enforcement training without advance
notification to the Committees on Appropriations of the Senate and the
House of Representatives, except that the Federal Law Enforcement
Training Centers is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement for
training that cannot be accommodated in existing Centers' facilities.
Sec. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any construction,
repair, alteration, or acquisition project for which a prospectus
otherwise required under chapter 33 of title 40, United States Code,
has not been approved, except that necessary funds may be expended for
each project for required expenses for the development of a proposed
prospectus.
Sec. 510. Sections 520, 522, and 530 of the Department of Homeland
Security Appropriations Act, 2008 (division E of Public Law 110-161;
121 Stat. 2073 and 2074) shall apply with respect to funds made
available in this Act in the same manner as such sections applied to
funds made available in that Act.
Sec. 511. None of the funds made available in this Act may be used
in contravention of the applicable provisions of the Buy American Act:
Provided, That for purposes of the preceding sentence, the term ``Buy
American Act'' means chapter 83 of title 41, United States Code.
Sec. 512. None of the funds made available in this Act may be used
to amend the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 513. None of the funds provided or otherwise made available
in this Act shall be available to carry out section 872 of the Homeland
Security Act of 2002 (6 U.S.C. 452) unless explicitly authorized by the
Congress.
Sec. 514. None of the funds made available in this Act may be used
for planning, testing, piloting, or developing a national
identification card.
Sec. 515. Any official that is required by this Act to report or
to certify to the Committees on Appropriations of the Senate and the
House of Representatives may not delegate such authority to perform
that act unless specifically authorized herein.
Sec. 516. None of the funds made available in this Act may be used
for first-class travel by the employees of agencies funded by this Act
in contravention of sections 301-10.122 through 301-10.124 of title 41,
Code of Federal Regulations.
Sec. 517. None of the funds made available in this Act may be used
to employ workers described in section 274A(h)(3) of the Immigration
and Nationality Act (8 U.S.C. 1324a(h)(3)).
Sec. 518. Notwithstanding any other provision of this Act, none of
the funds appropriated or otherwise made available by this Act may be
used to pay award or incentive fees for contractor performance that has
been judged to be below satisfactory performance or performance that
does not meet the basic requirements of a contract.
Sec. 519. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Homeland
Security to enter into any Federal contract unless such contract is
entered into in accordance with the requirements of subtitle I of title
41, United States Code, or chapter 137 of title 10, United States Code,
and the Federal Acquisition Regulation, unless such contract is
otherwise authorized by statute to be entered into without regard to
the above referenced statutes.
Sec. 520. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 521. None of the funds made available in this Act may be used
by a Federal law enforcement officer to facilitate the transfer of an
operable firearm to an individual if the Federal law enforcement
officer knows or suspects that the individual is an agent of a drug
cartel unless law enforcement personnel of the United States
continuously monitor or control the firearm at all times.
Sec. 522. None of the funds made available in this Act may be used
to pay for the travel to or attendance of more than 50 employees of a
single component of the Department of Homeland Security, who are
stationed in the United States, at a single international conference
unless the Secretary of Homeland Security, or a designee, determines
that such attendance is in the national interest and notifies the
Committees on Appropriations of the Senate and the House of
Representatives within at least 10 days of that determination and the
basis for that determination: Provided, That for purposes of this
section the term ``international conference'' shall mean a conference
occurring outside of the United States attended by representatives of
the United States Government and of foreign governments, international
organizations, or nongovernmental organizations: Provided further,
That the total cost to the Department of Homeland Security of any such
conference shall not exceed $500,000: Provided further, That employees
who attend a conference virtually without travel away from their
permanent duty station within the United States shall not be counted
for purposes of this section, and the prohibition contained in this
section shall not apply to payments for the costs of attendance for
such employees.
Sec. 523. None of the funds made available in this Act may be used
to reimburse any Federal department or agency for its participation in
a National Special Security Event.
Sec. 524. None of the funds made available to the Department of
Homeland Security by this or any other Act may be obligated for any
structural pay reform that affects more than 100 full-time positions or
costs more than $5,000,000 in a single year unless it has been
explicitly justified to the Congress in budget justification materials
and subsequently enacted by Congress, or if not so justified and
enacted, before the end of the 30-day period beginning on the date on
which the Secretary of Homeland Security submits to Congress a
notification that includes--
(1) the number of full-time positions affected by such
change;
(2) funding required for such change for the current year
and through the Future Years Homeland Security Program;
(3) justification for such change; and
(4) an analysis of compensation alternatives to such change
that were considered by the Department.
Sec. 525. (a) Any agency receiving funds made available in this Act
shall, subject to subsections (b) and (c), post on the public website
of that agency any report required to be submitted by the Committees on
Appropriations of the Senate and the House of Representatives in this
Act, upon the determination by the head of the agency that it shall
serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises homeland
or national security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the Committees on
Appropriations of the Senate and the House of Representatives for not
less than 45 days except as otherwise specified in law.
Sec. 526. (a) Funding provided in this Act for ``Operations and
Support'' may be used for minor procurement, construction, and
improvements.
(b) For purposes of subsection (a), ``minor'' refers to end items
with a unit cost of $250,000 or less for personal property, and
$2,000,000 or less for real property.
Sec. 527. None of the funds made available by this Act may be
obligated or expended to implement the Arms Trade Treaty until the
Senate approves a resolution of ratification for the Treaty.
Sec. 528. The authority provided by section 532 of the Department
of Homeland Security Appropriations Act, 2018 (Public Law 115-141)
regarding primary and secondary schooling of dependents shall continue
in effect during fiscal year 2022.
Sec. 529. (a) For an additional amount for ``Federal Emergency
Management Agency--Federal Assistance'', $3,000,000, to remain
available until September 30, 2023, exclusively for providing
reimbursement of extraordinary law enforcement or other emergency
personnel costs for protection activities directly and demonstrably
associated with any residence of the President that is designated or
identified to be secured by the United States Secret Service.
(b) Subsections (b) through (f) of section 534 of the Department of
Homeland Security Appropriations Act, 2018 (Public Law 115-141), shall
be applied with respect to amounts made available by subsection (a) of
this section by substituting ``October 1, 2022'' for ``October 1,
2018'' and ``October 1, 2021'' for ``October 1, 2017''.
Sec. 530. (a) Section 831 of the Homeland Security Act of 2002 (6
U.S.C. 391) shall be applied--
(1) in subsection (a), by substituting ``September 30,
2022,'' for ``September 30, 2017,''; and
(2) in subsection (c)(1), by substituting ``September 30,
2022,'' for ``September 30, 2017''.
(b) The Secretary of Homeland Security, under the authority of
section 831 of the Homeland Security Act of 2002 (6 U.S.C. 391(a)), may
carry out prototype projects under section 2371b of title 10, United
States Code, and the Secretary shall perform the functions of the
Secretary of Defense as prescribed.
(c) The Secretary of Homeland Security under section 831 of the
Homeland Security Act of 2002 (6 U.S.C. 391(d)) may use the definition
of nontraditional government contractor as defined in section 2371b(e)
of title 10, United States Code.
Sec. 531. (a) None of the funds appropriated or otherwise made
available to the Department of Homeland Security by this Act may be
used to prevent any of the following persons from entering, for the
purpose of conducting oversight, any facility operated by or for the
Department of Homeland Security used to detain or otherwise house
aliens, or to make any temporary modification at any such facility that
in any way alters what is observed by a visiting Member of Congress or
such designated employee, compared to what would be observed in the
absence of such modification:
(1) A Member of Congress.
(2) An employee of the United States House of
Representatives or the United States Senate designated by such
a Member for the purposes of this section.
(b) Nothing in this section may be construed to require a Member of
Congress to provide prior notice of the intent to enter a facility
described in subsection (a) for the purpose of conducting oversight.
(c) With respect to individuals described in subsection (a)(2), the
Department of Homeland Security may require that a request be made at
least 24 hours in advance of an intent to enter a facility described in
subsection (a).
Sec. 532. (a) Except as provided in subsection (b), none of the
funds made available in this Act may be used to place restraints on a
woman in the custody of the Department of Homeland Security (including
during transport, in a detention facility, or at an outside medical
facility) who is pregnant or in post-delivery recuperation.
(b) Subsection (a) shall not apply with respect to a pregnant woman
if--
(1) an appropriate official of the Department of Homeland
Security makes an individualized determination that the woman--
(A) is a serious flight risk, and such risk cannot
be prevented by other means; or
(B) poses an immediate and serious threat to harm
herself or others that cannot be prevented by other
means; or
(2) a medical professional responsible for the care of the
pregnant woman determines that the use of therapeutic
restraints is appropriate for the medical safety of the woman.
(c) If a pregnant woman is restrained pursuant to subsection (b),
only the safest and least restrictive restraints, as determined by the
appropriate medical professional treating the woman, may be used. In no
case may restraints be used on a woman who is in active labor or
delivery, and in no case may a pregnant woman be restrained in a face-
down position with four-point restraints, on her back, or in a
restraint belt that constricts the area of the pregnancy. A pregnant
woman who is immobilized by restraints shall be positioned, to the
maximum extent feasible, on her left side.
Sec. 533. (a) None of the funds made available by this Act may be
used to destroy any document, recording, or other record pertaining to
any--
(1) death of,
(2) potential sexual assault or abuse perpetrated against,
or
(3) allegation of abuse, criminal activity, or disruption
committed by
an individual held in the custody of the Department of Homeland
Security.
(b) The records referred to in subsection (a) shall be made
available, in accordance with applicable laws and regulations, and
Federal rules governing disclosure in litigation, to an individual who
has been charged with a crime, been placed into segregation, or
otherwise punished as a result of an allegation described in paragraph
(3), upon the request of such individual.
Sec. 534. Within 60 days of any budget submission for the
Department of Homeland Security for fiscal year 2023 that assumes
revenues or proposes a reduction from the previous year based on user
fees proposals that have not been enacted into law prior to the
submission of the budget, the Secretary of Homeland Security shall
provide the Committees on Appropriations of the Senate and the House of
Representatives specific reductions in proposed discretionary budget
authority commensurate with the revenues assumed in such proposals in
the event that they are not enacted prior to October 1, 2022.
Sec. 535. Not later than 10 days after a determination is made by
the President to evaluate and initiate protection under any authority
for a former or retired Government official or employee, or for an
individual who, during the duration of the directed protection, will
become a former or retired Government official or employee (referred to
in this section as a ``covered individual''), the Secretary of Homeland
Security shall submit a notification to congressional leadership and
the Committees on Appropriations of the Senate and the House of
Representatives, the Committees on the Judiciary of the Senate and the
House of Representatives, the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on Homeland Security
of the House of Representatives, and the Committee on Oversight and
Reform of the House of Representatives (referred to in this section as
the ``appropriate congressional committees''): Provided, That the
notification may be submitted in classified form, if necessary, and in
consultation with the Director of National Intelligence or the Director
of the Federal Bureau of Investigation, as appropriate, and shall
include the threat assessment, scope of the protection, and the
anticipated cost and duration of such protection: Provided further,
That not later than 15 days before extending, or 30 days before
terminating, protection for a covered individual, the Secretary of
Homeland Security shall submit a notification regarding the extension
or termination and any change to the threat assessment to the
congressional leadership and the appropriate congressional committees:
Provided further, That not later than 45 days after the date of
enactment of this Act, and quarterly thereafter, the Secretary shall
submit a report to the congressional leadership and the appropriate
congressional committees, which may be submitted in classified form, if
necessary, detailing each covered individual, and the scope and
associated cost of protection.
Sec. 536. There is hereby established in the Treasury of the
United States a fund to be known as the ``Department of Homeland
Security Nonrecurring Expenses Fund'' (the Fund): Provided, That
unobligated balances of expired discretionary funds appropriated for
this or any succeeding fiscal year from the General Fund of the
Treasury to the Department of Homeland Security by this or any other
Act may be transferred (not later than the end of the fifth fiscal year
after the last fiscal year for which such funds are available for the
purposes for which appropriated) into the Fund: Provided further, That
amounts deposited in the Fund shall be available until expended, and in
addition to such other funds as may be available for such purposes, for
information technology system modernization and facilities
infrastructure improvements necessary for the operation of the
Department, subject to approval by the Office of Management and Budget:
Provided further, That amounts in the Fund may be obligated only after
the Committees on Appropriations of the House of Representatives and
the Senate are notified at least 15 days in advance of the planned use
of funds.
Sec. 537. Subsection (c) of section 16005 of title VI of division
B of the Coronavirus Aid, Relief, and Economic Security Act (Public Law
116-136) shall be applied as if the language read as follows:
``Subsection (a) shall apply until September 30, 2022.''.
Sec. 538. There is hereby appropriated $25,000,000, for an
additional amount for ``Department of State--Administration of Foreign
Affairs--Diplomatic Programs'' to remain available until September 30,
2022 and in addition to amounts otherwise made available for such
purposes, for the Global Engagement Center to counter foreign
propaganda and disinformation.
rescission of funds
Sec. 539. Of the funds appropriated to the Department of Homeland
Security, the following funds are hereby rescinded from the following
accounts and programs in the specified amounts: Provided, That no
amounts may be rescinded from amounts that were designated by the
Congress as an emergency requirement pursuant to the concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985 (Public Law 99-177):
(1) $21,650 from the unobligated balances available in the
``Office of the Executive Secretary--Operations and Support''
account (70 x 0100).
(2) $1,810 from the unobligated balances available in the
``Office of the Undersecretary for Management'' account (70 x
0112).
(3) $12,628,523 from the unobligated balances available in
the ``Management Directorate--Office of the Chief Information
Officer and Operations'' account (70 x 0113).
(4) $8,456 from the unobligated balances available in
Treasury Account Fund Symbol 70 x 0504, ``Immigration and
Customs Enforcement, Border and Transportation Security, INS''.
(5) $503 from the unobligated balances available in
Treasury Account Fund Symbol 70 x 8598, ``U.S. Immigration
and Customs Enforcement, Violent Crime Reduction Program''.
(6) $7,006 from the unobligated balances available in
Treasury Account Fund Symbol 70 x 0508, ``Transportation
Security Administration, Expenses''.
(7) $11,412 from the unobligated balances available in the
``Transportation Security Administration--Federal Air
Marshals'' account (70 x 0541).
(8) $311 from the unobligated balances available in the
``Transportation Security Administration--Surface
Transportation Security'' account (70 x 0551).
(9) $5,308,328 from the unobligated balances available in
the ``Transportation Security Administration--Intelligence and
Vetting'' account (70 x 0557).
(10) $1.41 from the unobligated balances available in the
``Transportation Security Administration--Research and
Development'' account (70 x 0553).
(11) $322,105 from the unobligated balances available in
the ``Transportation Security Administration--Transportation
Security Support'' account (70 x 0554).
(12) $457,920 from the unobligated balances available in
Treasury Account Fund Symbol 70 x 0900, ``Cybersecurity and
Infrastructure Security Agency, Operating Expenses''.
(13) $199,690 from the unobligated balances available in
the ``Federal Emergency Management Agency--State and Local
Programs'' account (70 x 0560).
(14) $1,670 from the unobligated balances available in the
``Federal Emergency Management Agency--Administrative and
Regional Operations, Emergency Preparedness and Response''
account (70 x 0712).
(15) $115,138 from the unobligated balances available in
the ``Federal Emergency Management Agency--Operations and
Support'' account (70 x 0700).
(16) $1,243,822 from the unobligated balances available in
Treasury Account Fund Symbol 70 x 0300, ``U.S. Citizenship
and Immigration Services, Operations and Support''.
(17) $350,656 from the unobligated balances available in
the ``Countering Weapons of Mass Destruction Office--Research
and Development'' account (70 x 0860).
(18) $3,000,000 from the unobligated balances available in
the ``Federal Emergency Management Agency--National Predisaster
Mitigation Fund'' account (70 x 0716).
(19) $65,000,000 from Public Law 116-93 under the heading
``Coast Guard--Procurement, Construction, and Improvements''.
(20) $24,339,000 from the unobligated balances available in
the ``U.S. Customs and Border Protection--Border Security
Fencing, Infrastructure, and Technology'' account (70 x
0533).
(21) $10,000,000 from Public Law 116-260 under the heading
``U.S. Customs and Border Protection--Procurement,
Construction, and Improvements''.
(22) $6,161,000 from the unobligated balances available in
the ``U.S. Customs and Border Protection--Procurement,
Construction, and Improvements'' account (70 x 0532).
(23) $4,500,000 from Public Law 115-141 under the heading
``U.S. Customs and Border Protection--Construction and Facility
Improvements''.
(24) $6,999 from the unobligated balances available in the
``U.S. Customs and Border Protection--Operations and Support''
account (70 x 0530).
(25) $1,893,663,000 from the unobligated prior year
balances from ``U.S. Customs and Border Protection--
Procurement, Construction, and Improvements''.
This Act may be cited as the ``Department of Homeland Security
Appropriations Act, 2022''.
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