II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Department of Homeland Security for the fiscal year end6 ing September 30, 2022, and for other purposes, namely: 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•S 3058 IS

1 TITLE I 

2 DEPARTMENTAL MANAGEMENT, OPERATIONS, 

3 INTELLIGENCE, AND OVERSIGHT 

4 OFFICE OF THE SECRETARY AND EXECUTIVE

5 MANAGEMENT

6 OPERATIONS AND SUPPORT

7 For necessary expenses of the Office of the Secretary 

8 and for executive management for operations and support, 

9 $221,555,000; of which $20,304,000 shall be for the Of10 fice of the Ombudsman for Immigration Detention, of 

11 which $5,000,000 shall remain available until September 

12 30, 2023: Provided, That not to exceed $30,000 shall be 

13 for official reception and representation expenses. 

14 FEDERAL ASSISTANCE

15 (INCLUDING TRANSFERS OF FUNDS)

16 For necessary expenses of the Office of the Secretary 

17 and for executive management for Federal assistance 

18 through grants, contracts, cooperative agreements, and 

19 other activities, $20,000,000, which shall be transferred 

20 to the Federal Emergency Management Agency for tar21 geted violence and terrorism prevention grants, to remain 

22 available until September 30, 2023. 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•S 3058 IS

1 MANAGEMENT DIRECTORATE

2 OPERATIONS AND SUPPORT

3 For necessary expenses of the Management Direc4 torate for operations and support, including for the pur5 chase or lease of electric passenger motor vehicles, 

6 $1,658,553,000, of which $80,500,000 shall remain avail7 able until September 30, 2023: Provided, That not to ex8 ceed $2,000 shall be for official reception and representa9 tion expenses. 

10 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

11 For necessary expenses of the Management Direc12 torate for procurement, construction, and improvements, 

13 $346,371,000, of which $137,116,000 shall remain avail14 able until September 30, 2024, and of which 

15 $209,255,000 shall remain available until September 30, 

16 2026. 

17 FEDERAL PROTECTIVE SERVICE

18 The revenues and collections of security fees credited 

19 to this account shall be available until expended for nec20 essary expenses related to the protection of federally 

21 owned and leased buildings and for the operations of the 

22 Federal Protective Service. 


pamtmann on DSKBC07HB2PROD with BILLS
4 

•S 3058 IS

1 INTELLIGENCE, ANALYSIS, AND OPERATIONS

2 COORDINATION

3 OPERATIONS AND SUPPORT

4 For necessary expenses of the Office of Intelligence 

5 and Analysis and the Office of Operations Coordination 

6 for operations and support, $320,620,000, of which 

7 $112,121,000 shall remain available until September 30, 

8 2023: Provided, That not to exceed $3,825 shall be for 

9 official reception and representation expenses and not to 

10 exceed $2,000,000 is available for facility needs associated 

11 with secure space at fusion centers, including improve12 ments to buildings. 

13 OFFICE OF THE INSPECTOR GENERAL

14 OPERATIONS AND SUPPORT

15 For necessary expenses of the Office of the Inspector 

16 General for operations and support, $205,359,000: Pro17 vided, That not to exceed $300,000 may be used for cer18 tain confidential operational expenses, including the pay19 ment of informants, to be expended at the direction of the 

20 Inspector General. 

21 ADMINISTRATIVE PROVISIONS

22 SEC. 101. (a) The Secretary of Homeland Security 

23 shall submit a report not later than October 15, 2022, 

24 to the Inspector General of the Department of Homeland 

25 Security listing all grants and contracts awarded by any 


pamtmann on DSKBC07HB2PROD with BILLS
5 

•S 3058 IS

1 means other than full and open competition during fiscal 

2 years 2021 or 2022. 

3 (b) The Inspector General shall review the report re4 quired by subsection (a) to assess departmental compli5 ance with applicable laws and regulations and report the 

6 results of that review to the Committees on Appropriations 

7 of the Senate and the House of Representatives not later 

8 than February 15, 2023. 

9 SEC. 102. Not later than 30 days after the last day 

10 of each month, the Chief Financial Officer of the Depart11 ment of Homeland Security shall submit to the Commit12 tees on Appropriations of the Senate and the House of 

13 Representatives a monthly budget and staffing report that 

14 includes total obligations of the Department for that 

15 month and for the fiscal year at the appropriation and 

16 program, project, and activity levels, by the source year 

17 of the appropriation. 

18 SEC. 103. The Secretary of Homeland Security shall 

19 require that all contracts of the Department of Homeland 

20 Security that provide award fees link such fees to success21 ful acquisition outcomes, which shall be specified in terms 

22 of cost, schedule, and performance. 

23 SEC. 104. (a) The Secretary of Homeland Security, 

24 in consultation with the Secretary of the Treasury, shall 

25 notify the Committees on Appropriations of the Senate 


pamtmann on DSKBC07HB2PROD with BILLS
6 

•S 3058 IS

1 and the House of Representatives of any proposed trans2 fers of funds available under section 9705(g)(4)(B) of title 

3 31, United States Code, from the Department of the 

4 Treasury Forfeiture Fund to any agency within the De5 partment of Homeland Security. 

6 (b) None of the funds identified for such a transfer 

7 may be obligated until the Committees on Appropriations 

8 of the Senate and the House of Representatives are noti9 fied of the proposed transfer. 

10 SEC. 105. All official costs associated with the use 

11 of Government aircraft by Department of Homeland Secu12 rity personnel to support official travel of the Secretary 

13 and the Deputy Secretary shall be paid from amounts 

14 made available for the Office of the Secretary. 

15 TITLE II 

16 SECURITY, ENFORCEMENT, AND 

17 INVESTIGATIONS 

18 U.S. CUSTOMS AND BORDER PROTECTION

19 OPERATIONS AND SUPPORT

20 (INCLUDING TRANSFER OF FUNDS)

21 For necessary expenses of U.S. Customs and Border 

22 Protection for operations and support, including the trans23 portation of unaccompanied children; the provision of air 

24 and marine support to Federal, State, local, and inter25 national agencies in the enforcement or administration of 


pamtmann on DSKBC07HB2PROD with BILLS
7 

•S 3058 IS

1 laws enforced by the Department of Homeland Security; 

2 at the discretion of the Secretary of Homeland Security, 

3 the provision of such support to Federal, State, and local 

4 agencies in other law enforcement and emergency humani5 tarian efforts; the purchase and lease of up to 7,500 

6 (6,500 for replacement only) police-type vehicles; the pur7 chase, maintenance, or operation of marine vessels, air8 craft, and unmanned aerial systems; and contracting with 

9 individuals for personal services abroad; $13,605,535,000; 

10 of which $3,274,000 shall be derived from the Harbor 

11 Maintenance Trust Fund for administrative expenses re12 lated to the collection of the Harbor Maintenance Fee pur13 suant to section 9505(c)(3) of the Internal Revenue Code 

14 of 1986 (26 U.S.C. 9505(c)(3)) and notwithstanding sec15 tion 1511(e)(1) of the Homeland Security Act of 2002 (6 

16 U.S.C. 551(e)(1)); of which $500,000,000 shall be avail17 able until September 30, 2023; and of which such sums 

18 as become available in the Customs User Fee Account, ex19 cept sums subject to section 13031(f)(3) of the Consoli20 dated Omnibus Budget Reconciliation Act of 1985 (19 

21 U.S.C. 58c(f)(3)), shall be derived from that account: Pro22 vided, That not to exceed $34,425 shall be for official re23 ception and representation expenses: Provided further, 

24 That not to exceed $150,000 shall be available for pay25 ment for rental space in connection with preclearance opVerDate Sep 11 2014 23:21 Oct 25, 2021 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3058.IS S3058

pamtmann on DSKBC07HB2PROD with BILLS
8 

•S 3058 IS

1 erations: Provided further, That not to exceed $2,000,000 

2 shall be for awards of compensation to informants, to be 

3 accounted for solely under the certificate of the Secretary 

4 of Homeland Security: Provided further, That not to ex5 ceed $50,000,000 may be transferred to the Department 

6 of the Interior for mitigation activities, including land ac7 quisition, related to construction of border barriers on 

8 Federal lands: Provided further, That the Commissioner 

9 shall submit a notification to the Committees on Appro10 priations of the Senate and the House of Representatives 

11 prior to the obligation or transfer of the amounts de12 scribed in the preceding proviso. 

13 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

14 For necessary expenses of U.S. Customs and Border 

15 Protection for procurement, construction, and improve16 ments, including procurement of marine vessels, aircraft, 

17 and unmanned aerial systems, $717,398,000, of which 

18 $318,973,000 shall remain available until September 30, 

19 2024, and of which $398,425,000 shall remain available 

20 until September 30, 2026. 

21 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

22 OPERATIONS AND SUPPORT

23 For necessary expenses of U.S. Immigration and 

24 Customs Enforcement for operations and support, includ25 ing the purchase and lease of up to 3,790 (2,350 for reVerDate Sep 11 2014 23:21 Oct 25, 2021 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3058.IS S3058

pamtmann on DSKBC07HB2PROD with BILLS
9 

•S 3058 IS

1 placement only) police-type vehicles; overseas vetted units; 

2 and maintenance, minor construction, and minor leasehold 

3 improvements at owned and leased facilities; 

4 $7,882,019,000; of which not less than $6,000,000 shall 

5 remain available until expended for efforts to enforce laws 

6 against forced child labor; of which $46,696,000 shall re7 main available until September 30, 2023; of which not less 

8 than $1,500,000 is for paid apprenticeships for partici9 pants in the Human Exploitation Rescue Operative Child10 Rescue Corps; of which not less than $15,000,000 shall 

11 be available for investigation of intellectual property rights 

12 violations, including operation of the National Intellectual 

13 Property Rights Coordination Center; and of which not 

14 less than $3,925,114,000 shall be for enforcement, deten15 tion, and removal operations, including transportation of 

16 unaccompanied children: Provided, That not to exceed 

17 $11,475 shall be for official reception and representation 

18 expenses: Provided further, That not to exceed 

19 $10,000,000 shall be available until expended for con20 ducting special operations under section 3131 of the Cus21 toms Enforcement Act of 1986 (19 U.S.C. 2081): Pro22 vided further, That not to exceed $2,000,000 shall be for 

23 awards of compensation to informants, to be accounted 

24 for solely under the certificate of the Secretary of Home25 land Security: Provided further, That not to exceed 


pamtmann on DSKBC07HB2PROD with BILLS
10 

•S 3058 IS

1 $11,216,000 shall be available to fund or reimburse other 

2 Federal agencies for the costs associated with the care, 

3 maintenance, and repatriation of smuggled noncitizens un4 lawfully present in the United States. 

5 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

6 For necessary expenses of U.S. Immigration and 

7 Customs Enforcement for procurement, construction, and 

8 improvements, $51,700,000, of which $34,321,000 shall 

9 remain available until September 30, 2024, and of which 

10 $17,379,000 shall remain available until September 30, 

11 2026. 

12 TRANSPORTATION SECURITY ADMINISTRATION

13 OPERATIONS AND SUPPORT

14 For necessary expenses of the Transportation Secu15 rity Administration for operations and support, 

16 $8,094,787,000, to remain available until September 30, 

17 2023: Provided, That not to exceed $7,650 shall be for 

18 official reception and representation expenses: Provided 

19 further, That security service fees authorized under section 

20 44940 of title 49, United States Code, shall be credited 

21 to this appropriation as offsetting collections and shall be 

22 available only for aviation security: Provided further, That 

23 the sum appropriated under this heading from the general 

24 fund shall be reduced on a dollar-for-dollar basis as such 

25 offsetting collections are received during fiscal year 2022 


pamtmann on DSKBC07HB2PROD with BILLS
11 

•S 3058 IS

1 so as to result in a final fiscal year appropriation from 

2 the general fund estimated at not more than 

3 $5,984,787,000. 

4 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

5 For necessary expenses of the Transportation Secu6 rity Administration for procurement, construction, and 

7 improvements, $134,492,000, to remain available until 

8 September 30, 2024. 

9 RESEARCH AND DEVELOPMENT

10 For necessary expenses of the Transportation Secu11 rity Administration for research and development, 

12 $35,532,000, to remain available until September 30, 

13 2023. 

14 COAST GUARD

15 OPERATIONS AND SUPPORT

16 For necessary expenses of the Coast Guard for oper17 ations and support including the Coast Guard Reserve; 

18 purchase or lease of not to exceed 25 passenger motor ve19 hicles, which shall be for replacement only; purchase or 

20 lease of small boats for contingent and emergent require21 ments (at a unit cost of not more than $700,000) and 

22 repairs and service-life replacements, not to exceed a total 

23 of $31,000,000; purchase, lease, or improvements of boats 

24 necessary for overseas deployments and activities; pay25 ments pursuant to section 156 of Public Law 97–377 (42 


pamtmann on DSKBC07HB2PROD with BILLS
12 

•S 3058 IS

1 U.S.C. 402 note; 96 Stat. 1920); and recreation and wel2 fare; $9,066,020,000, of which $530,000,000 shall be for 

3 defense-related activities; of which $24,500,000 shall be 

4 derived from the Oil Spill Liability Trust Fund to carry 

5 out the purposes of section 1012(a)(5) of the Oil Pollution 

6 Act of 1990 (33 U.S.C. 2712(a)(5)); of which 

7 $27,456,000 shall remain available until September 30, 

8 2026, for environmental compliance and restoration; and 

9 of which $100,000,000 shall remain available until Sep10 tember 30, 2023, for vessel depot level maintenance: Pro11 vided, That not to exceed $23,000 shall be for official re12 ception and representation expenses. 

13 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

14 For necessary expenses of the Coast Guard for pro15 curement, construction, and improvements, including aids 

16 to navigation, shore facilities (including facilities at De17 partment of Defense installations used by the Coast 

18 Guard), and vessels and aircraft, including equipment re19 lated thereto, $1,711,600,000, to remain available until 

20 September 30, 2026; of which $20,000,000 shall be de21 rived from the Oil Spill Liability Trust Fund to carry out 

22 the purposes of section 1012(a)(5) of the Oil Pollution Act 

23 of 1990 (33 U.S.C. 2712(a)(5)). 


pamtmann on DSKBC07HB2PROD with BILLS
13 

•S 3058 IS

1 RESEARCH AND DEVELOPMENT

2 For necessary expenses of the Coast Guard for re3 search and development; and for maintenance, rehabilita4 tion, lease, and operation of facilities and equipment; 

5 $7,476,000, to remain available until September 30, 2024, 

6 of which $500,000 shall be derived from the Oil Spill Li7 ability Trust Fund to carry out the purposes of section 

8 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 

9 2712(a)(5)): Provided, That there may be credited to and 

10 used for the purposes of this appropriation funds received 

11 from State and local governments, other public authori12 ties, private sources, and foreign countries for expenses 

13 incurred for research, development, testing, and evalua14 tion. 

15 RETIRED PAY

16 For retired pay, including the payment of obligations 

17 otherwise chargeable to lapsed appropriations for this pur18 pose, payments under the Retired Serviceman’s Family 

19 Protection and Survivor Benefits Plans, payment for ca20 reer status bonuses, payment of continuation pay under 

21 section 356 of title 37, United States Code, concurrent 

22 receipts, combat-related special compensation, and pay23 ments for medical care of retired personnel and their de24 pendents under chapter 55 of title 10, United States Code, 

25 $1,963,519,000, to remain available until expended. 


pamtmann on DSKBC07HB2PROD with BILLS
14 

•S 3058 IS

1 UNITED STATES SECRET SERVICE

2 OPERATIONS AND SUPPORT

3 For necessary expenses of the United States Secret 

4 Service for operations and support, including purchase of 

5 not to exceed 652 vehicles for police-type use; hire of pas6 senger motor vehicles; purchase of motorcycles made in 

7 the United States; hire of aircraft; rental of buildings in 

8 the District of Columbia; fencing, lighting, guard booths, 

9 and other facilities on private or other property not in 

10 Government ownership or control, as may be necessary to 

11 perform protective functions; conduct of and participation 

12 in firearms matches; presentation of awards; conduct of 

13 behavioral research in support of protective intelligence 

14 and operations; payment in advance for commercial ac15 commodations as may be necessary to perform protective 

16 functions; and payment, without regard to section 5702 

17 of title 5, United States Code, of subsistence expenses of 

18 employees who are on protective missions, whether at or 

19 away from their duty stations; $2,520,528,000; of which 

20 $51,621,000 shall remain available until September 30, 

21 2023, and of which $6,000,000 shall be for a grant for 

22 activities related to investigations of missing and exploited 

23 children; and of which up to $15,000,000 may be for cal24 endar year 2021 premium pay in excess of the annual 

25 equivalent of the limitation on the rate of pay contained 


pamtmann on DSKBC07HB2PROD with BILLS
15 

•S 3058 IS

1 in section 5547(a) of title 5, United States Code, pursuant 

2 to section 2 of the Overtime Pay for Protective Services 

3 Act of 2016 (5 U.S.C. 5547 note), as last amended by 

4 Public Law 116–269: Provided, That not to exceed 

5 $19,125 shall be for official reception and representation 

6 expenses: Provided further, That not to exceed $100,000 

7 shall be to provide technical assistance and equipment to 

8 foreign law enforcement organizations in criminal inves9 tigations within the jurisdiction of the United States Se10 cret Service. 

11 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

12 For necessary expenses of the United States Secret 

13 Service for procurement, construction, and improvements, 

14 $54,849,000, to remain available until September 30, 

15 2024. 

16 RESEARCH AND DEVELOPMENT

17 For necessary expenses of the United States Secret 

18 Service for research and development, $2,310,000, to re19 main available until September 30, 2023. 

20 ADMINISTRATIVE PROVISIONS

21 SEC. 201. Section 201 of the Department of Home22 land Security Appropriations Act, 2018 (division F of 

23 Public Law 115–141), related to overtime compensation 

24 limitations, shall apply with respect to funds made avail25 able in this Act in the same manner as such section apVerDate Sep 11 2014 23:21 Oct 25, 2021 Jkt 029200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S3058.IS S3058

pamtmann on DSKBC07HB2PROD with BILLS
16 

•S 3058 IS

1 plied to funds made available in that Act, except that ‘‘fis2 cal year 2022’’ shall be substituted for ‘‘fiscal year 2018’’. 

3 SEC. 202. Funding made available under the head4 ings ‘‘U.S. Customs and Border Protection—Operations 

5 and Support’’ and ‘‘U.S. Customs and Border Protec6 tion—Procurement, Construction, and Improvements’’ 

7 shall be available for customs expenses when necessary to 

8 maintain operations and prevent adverse personnel actions 

9 in Puerto Rico and the U.S. Virgin Islands, in addition 

10 to funding provided by sections 740 and 1406i of title 48, 

11 United States Code. 

12 SEC. 203. As authorized by section 601(b) of the 

13 United States-Colombia Trade Promotion Agreement Im14 plementation Act (Public Law 112–42), fees collected 

15 from passengers arriving from Canada, Mexico, or an ad16 jacent island pursuant to section 13031(a)(5) of the Con17 solidated Omnibus Budget Reconciliation Act of 1985 (19 

18 U.S.C. 58c(a)(5)) shall be available until expended. 

19 SEC. 204. For an additional amount for ‘‘U.S. Cus20 toms and Border Protection—Operations and Support’’, 

21 $31,000,000, to remain available until expended, to be re22 duced by amounts collected and credited to this appropria23 tion in fiscal year 2022 from amounts authorized to be 

24 collected by section 286(i) of the Immigration and Nation25 ality Act (8 U.S.C. 1356(i)), section 10412 of the Farm 


pamtmann on DSKBC07HB2PROD with BILLS
17 

•S 3058 IS

1 Security and Rural Investment Act of 2002 (7 U.S.C. 

2 8311), and section 817 of the Trade Facilitation and 

3 Trade Enforcement Act of 2015 (Public Law 114–25), or 

4 other such authorizing language: Provided, That to the ex5 tent that amounts realized from such collections exceed 

6 $31,000,000, those amounts in excess of $31,000,000 

7 shall be credited to this appropriation, to remain available 

8 until expended. 

9 SEC. 205. None of the funds made available in this 

10 Act for U.S. Customs and Border Protection may be used 

11 to prevent an individual not in the business of importing 

12 a prescription drug (within the meaning of section 801(g) 

13 of the Federal Food, Drug, and Cosmetic Act) from im14 porting a prescription drug from Canada that complies 

15 with the Federal Food, Drug, and Cosmetic Act: Provided, 

16 That this section shall apply only to individuals trans17 porting on their person a personal-use quantity of the pre18 scription drug, not to exceed a 90-day supply: Provided 

19 further, That the prescription drug may not be— 

20 (1) a controlled substance, as defined in section 

21 102 of the Controlled Substances Act (21 U.S.C. 

22 802); or 

23 (2) a biological product, as defined in section 

24 351 of the Public Health Service Act (42 U.S.C. 

25 262). 


pamtmann on DSKBC07HB2PROD with BILLS
18 

•S 3058 IS

1 SEC. 206. Notwithstanding any other provision of 

2 law, none of the funds provided in this or any other Act 

3 shall be used to approve a waiver of the navigation and 

4 vessel-inspection laws pursuant to section 501(b) of title 

5 46, United States Code, for the transportation of crude 

6 oil distributed from and to the Strategic Petroleum Re7 serve until the Secretary of Homeland Security, after con8 sultation with the Secretaries of the Departments of En9 ergy and Transportation and representatives from the 

10 United States flag maritime industry, takes adequate 

11 measures to ensure the use of United States flag vessels: 

12 Provided, That the Secretary shall notify the Committees 

13 on Appropriations of the Senate and the House of Rep14 resentatives, the Committee on Commerce, Science, and 

15 Transportation of the Senate, and the Committee on 

16 Transportation and Infrastructure of the House of Rep17 resentatives within 2 business days of any request for 

18 waivers of navigation and vessel-inspection laws pursuant 

19 to section 501(b) of title 46, United States Code, with re20 spect to such transportation, and the disposition of such 

21 requests. 

22 SEC. 207. (a) Beginning on the date of enactment 

23 of this Act, the Secretary of Homeland Security shall 

24 not— 


pamtmann on DSKBC07HB2PROD with BILLS
19 

•S 3058 IS

1 (1) establish, collect, or otherwise impose any 

2 new border crossing fee on individuals crossing the 

3 Southern border or the Northern border at a land 

4 port of entry; or 

5 (2) conduct any study relating to the imposition 

6 of a border crossing fee. 

7 (b) In this section, the term ‘‘border crossing fee’’ 

8 means a fee that every pedestrian, cyclist, and driver and 

9 passenger of a private motor vehicle is required to pay 

10 for the privilege of crossing the Southern border or the 

11 Northern border at a land port of entry. 

12 SEC. 208. Not later than 90 days after the date of 

13 enactment of this Act, the Secretary of Homeland Security 

14 shall submit an expenditure plan for any amounts made 

15 available for ‘‘U.S. Customs and Border Protection—Pro16 curement, Construction, and Improvements’’ in this Act 

17 and prior Acts to the Committees on Appropriations of 

18 the Senate and the House of Representatives: Provided, 

19 That no such amounts provided in this Act may be obli20 gated prior to the submission of such plan. 

21 SEC. 209. Section 211 of the Department of Home22 land Security Appropriations Act, 2021 (division F of 

23 Public Law 116–260), prohibiting the use of funds for the 

24 construction of fencing in certain areas, shall apply with 

25 respect to funds made available in this Act in the same 


pamtmann on DSKBC07HB2PROD with BILLS
20 

•S 3058 IS

1 manner as such section applied to funds made available 

2 in that Act. 

3 SEC. 210. Funds made available in this Act may be 

4 used to alter operations within the National Targeting 

5 Center of U.S. Customs and Border Protection: Provided, 

6 That none of the funds provided by this Act, provided by 

7 previous appropriations Acts that remain available for ob8 ligation or expenditure in fiscal year 2022, or provided 

9 from any accounts in the Treasury of the United States 

10 derived by the collection of fees available to the compo11 nents funded by this Act, may be used to reduce antici12 pated or planned vetting operations at existing locations 

13 unless specifically authorized by a statute enacted after 

14 the date of enactment of this Act. 

15 SEC. 211. None of the funds provided under the 

16 heading ‘‘U.S. Immigration and Customs Enforcement— 

17 Operations and Support’’ may be used to continue a dele18 gation of law enforcement authority authorized under sec19 tion 287(g) of the Immigration and Nationality Act (8 

20 U.S.C. 1357(g)) if the Department of Homeland Security 

21 Inspector General determines that the terms of the agree22 ment governing the delegation of authority have been ma23 terially violated. 

24 SEC. 212. (a) None of the funds provided under the 

25 heading ‘‘U.S. Immigration and Customs Enforcement— 


pamtmann on DSKBC07HB2PROD with BILLS
21 

•S 3058 IS

1 Operations and Support’’ may be used to continue any 

2 contract for the provision of detention services if the two 

3 most recent overall performance evaluations received by 

4 the contracted facility are less than ‘‘adequate’’ or the 

5 equivalent median score in any subsequent performance 

6 evaluation system. 

7 (b) The performance evaluations referenced in sub8 section (a) shall be conducted by the U.S. Immigration 

9 and Customs Enforcement Office of Professional Respon10 sibility. 

11 SEC. 213. The reports required to be submitted under 

12 section 218 of the Department of Homeland Security Ap13 propriations Act, 2020 (division D of Public Law 116– 

14 93) shall continue to be submitted with respect to the pe15 riod beginning 15 days after the date of the enactment 

16 of this Act and semimonthly thereafter, and each matter 

17 required to be included in such report by such section 218 

18 shall apply in the same manner and to the same extent 

19 during the period described in this section, except that for 

20 purposes of reports submitted with respect to such period 

21 described, the following additional requirements shall be 

22 treated as being included as subparagraphs (H) through 

23 (J) of paragraph (1) of such section 218— 

24 (1) the average lengths of stay, including aver25 age post-determination length of stay in the case of 


pamtmann on DSKBC07HB2PROD with BILLS
22 

•S 3058 IS

1 detainees described in subparagraph (F), for individ2 uals who remain in detention as of the last date of 

3 each such reporting period; 

4 (2) the number who have been in detention, 

5 disaggregated by the number of detainees described 

6 in subparagraph (F), for each of the following— 

7 (A) over 2 years; 

8 (B) from over 1 year to 2 years; 

9 (C) from over 6 months to 1 year; and 

10 (D) for less than 6 months; and 

11 (3) the number of individuals described in sec12 tion 115.5 of title 28, Code of Federal Regulations, 

13 including the use and duration of solitary confine14 ment for such person. 

15 SEC. 214. The terms and conditions of sections 216 

16 and 217 of the Department of Homeland Security Appro17 priations Act, 2020 (division D of Public Law 116–93) 

18 shall apply to this Act. 

19 SEC. 215. Members of the United States House of 

20 Representatives and the United States Senate, including 

21 the leadership; the heads of Federal agencies and commis22 sions, including the Secretary, Deputy Secretary, Under 

23 Secretaries, and Assistant Secretaries of the Department 

24 of Homeland Security; the United States Attorney Gen25 eral, Deputy Attorney General, Assistant Attorneys GenVerDate Sep 11 2014 23:21 Oct 25, 2021 Jkt 029200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S3058.IS S3058

pamtmann on DSKBC07HB2PROD with BILLS
23 

•S 3058 IS

1 eral, and the United States Attorneys; and senior mem2 bers of the Executive Office of the President, including 

3 the Director of the Office of Management and Budget, 

4 shall not be exempt from Federal passenger and baggage 

5 screening. 

6 SEC. 216. Any award by the Transportation Security 

7 Administration to deploy explosives detection systems 

8 shall be based on risk, the airport’s current reliance on 

9 other screening solutions, lobby congestion resulting in in10 creased security concerns, high injury rates, airport readi11 ness, and increased cost effectiveness. 

12 SEC. 217. Notwithstanding section 44923 of title 49, 

13 United States Code, for fiscal year 2022, any funds in 

14 the Aviation Security Capital Fund established by section 

15 44923(h) of title 49, United States Code, may be used 

16 for the procurement and installation of explosives detec17 tion systems or for the issuance of other transaction agree18 ments for the purpose of funding projects described in sec19 tion 44923(a) of such title. 

20 SEC. 218. Not later than 30 days after the submis21 sion of the President’s budget proposal, the Administrator 

22 of the Transportation Security Administration shall sub23 mit to the Committees on Appropriations and Commerce, 

24 Science, and Transportation of the Senate and the Com25 mittees on Appropriations and Homeland Security in the 


pamtmann on DSKBC07HB2PROD with BILLS
24 

•S 3058 IS

1 House of Representatives a single report that fulfills the 

2 following requirements: 

3 (1) a Capital Investment Plan that includes a 

4 plan for continuous and sustained capital investment 

5 in new, and the replacement of aged, transportation 

6 security equipment; 

7 (2) the 5-year technology investment plan as re8 quired by section 1611 of title XVI of the Homeland 

9 Security Act of 2002, as amended by section 3 of 

10 the Transportation Security Acquisition Reform Act 

11 (Public Law 113–245); and 

12 (3) the Advanced Integrated Passenger Screen13 ing Technologies report as required by the Senate 

14 Report accompanying the Department of Homeland 

15 Security Appropriations Act, 2019 (Senate Report 

16 115–283). 

17 SEC. 219. (a) None of the funds made available by 

18 this Act under the heading ‘‘Coast Guard—Operations 

19 and Support’’ shall be for expenses incurred for rec20 reational vessels under section 12114 of title 46, United 

21 States Code, except to the extent fees are collected from 

22 owners of yachts and credited to the appropriation made 

23 available by this Act under the heading ‘‘Coast Guard— 

24 Operations and Support’’. 


pamtmann on DSKBC07HB2PROD with BILLS
25 

•S 3058 IS

1 (b) To the extent such fees are insufficient to pay 

2 expenses of recreational vessel documentation under such 

3 section 12114, and there is a backlog of recreational vessel 

4 applications, personnel performing non-recreational vessel 

5 documentation functions under subchapter II of chapter 

6 121 of title 46, United States Code, may perform docu7 mentation under section 12114. 

8 SEC. 220. Without regard to the limitation as to time 

9 and condition of section 503(d) of this Act, after June 

10 30, up to $10,000,000 may be reprogrammed to or from 

11 the Military Personnel funding category within ‘‘Coast 

12 Guard—Operations and Support’’ in accordance with sub13 section (a) of section 503 of this Act. 

14 SEC. 221. Notwithstanding any other provision of 

15 law, the Commandant of the Coast Guard shall submit 

16 to the Committees on Appropriations of the Senate and 

17 the House of Representatives a future-years capital invest18 ment plan as described in the second proviso under the 

19 heading ‘‘Coast Guard—Acquisition, Construction, and 

20 Improvements’’ in the Department of Homeland Security 

21 Appropriations Act, 2015 (Public Law 114–4), which shall 

22 be subject to the requirements in the third and fourth pro23 visos under such heading. 

24 SEC. 222. Of the funds made available for defense25 related activities under the heading ‘‘Coast Guard—OperVerDate Sep 11 2014 23:21 Oct 25, 2021 Jkt 029200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S3058.IS S3058

pamtmann on DSKBC07HB2PROD with BILLS
26 

•S 3058 IS

1 ations and Support’’, up to $190,000,000 that are used 

2 for enduring overseas missions in support of the global 

3 fight against terror may be reallocated by program, 

4 project, and activity, notwithstanding section 503 of this 

5 Act. 

6 SEC. 223. None of the funds in this Act shall be used 

7 to reduce the Coast Guard’s legacy Operations Systems 

8 Center mission or its government-employed or contract 

9 staff levels. 

10 SEC. 224. None of the funds appropriated by this Act 

11 may be used to conduct, or to implement the results of, 

12 a competition under Office of Management and Budget 

13 Circular A–76 for activities performed with respect to the 

14 Coast Guard National Vessel Documentation Center. 

15 SEC. 225. Funds made available in this Act may be 

16 used to alter operations within the Civil Engineering Pro17 gram of the Coast Guard nationwide, including civil engi18 neering units, facilities design and construction centers, 

19 maintenance and logistics commands, and the Coast 

20 Guard Academy, except that none of the funds provided 

21 in this Act may be used to reduce operations within any 

22 civil engineering unit unless specifically authorized by a 

23 statute enacted after the date of enactment of this Act. 

24 SEC. 226. Amounts deposited into the Coast Guard 

25 Housing Fund in fiscal year 2022 shall be available until 


pamtmann on DSKBC07HB2PROD with BILLS
27 

•S 3058 IS

1 expended to carry out the purposes of section 2946 of title 

2 14, United States Code, and shall be in addition to funds 

3 otherwise available for such purposes. 

4 SEC. 227. The United States Secret Service is au5 thorized to obligate funds in anticipation of reimburse6 ments from executive agencies, as defined in section 105 

7 of title 5, United States Code, for personnel receiving 

8 training sponsored by the James J. Rowley Training Cen9 ter, except that total obligations at the end of the fiscal 

10 year shall not exceed total budgetary resources available 

11 under the heading ‘‘United States Secret Service—Oper12 ations and Support’’ at the end of the fiscal year. 

13 SEC. 228. None of the funds made available to the 

14 United States Secret Service by this Act or by previous 

15 appropriations Acts may be made available for the protec16 tion of the head of a Federal agency other than the Sec17 retary of Homeland Security: Provided, That the Director 

18 of the United States Secret Service may enter into agree19 ments to provide such protection on a fully reimbursable 

20 basis. 

21 SEC. 229. For purposes of section 503(a)(3) of this 

22 Act, up to $15,000,000 may be reprogrammed within 

23 ‘‘United States Secret Service—Operations and Support’’. 

24 SEC. 230. Funding made available in this Act for 

25 ‘‘United States Secret Service—Operations and Support’’ 


pamtmann on DSKBC07HB2PROD with BILLS
28 

•S 3058 IS

1 is available for travel of United States Secret Service em2 ployees on protective missions without regard to the limi3 tations on such expenditures in this or any other Act if 

4 the Director of the United States Secret Service or a des5 ignee notifies the Committees on Appropriations of the 

6 Senate and the House of Representatives 10 or more days 

7 in advance, or as early as practicable, prior to such ex8 penditures. 

9 SEC. 231. (a) None of the funds provided under the 

10 heading ‘‘U.S. Immigration and Customs Enforcement— 

11 Operations and Support’’ may be used to engage in civil 

12 immigration enforcement activities, such as arrests, expul13 sions, custodial detention, removals, or referrals, proc14 essing, or issuance of charging documents, using Home15 land Security Investigations personnel, resources, or capa16 bilities, absent probable cause that the individual facing 

17 such enforcement action has been convicted of a criminal 

18 offense, excluding state, local, or Federal offenses for 

19 which an essential element was the noncitizen’s immigra20 tion status. 

21 (b) For the purposes of this section, criminal offenses 

22 for which an essential element was the noncitizen’s immi23 gration status includes, but is not limited to, offenses iden24 tified in sections 264, 266(a) or (b), 275, or 276 of the 

25 Immigration and Nationality Act and state and local ofVerDate Sep 11 2014 23:21 Oct 25, 2021 Jkt 029200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S3058.IS S3058

pamtmann on DSKBC07HB2PROD with BILLS
29 

•S 3058 IS

1 fenses for which an essential element was the noncitizen’s 

2 immigration status. 

3 SEC. 232. (a) Amounts made available to U.S. Immi4 gration and Customs Enforcement by transfer pursuant 

5 to the Coronavirus Aid, Relief, and Economic Security Act 

6 (Public Law 116–136), that remain available for obliga7 tion in the fiscal year funded by this Act may be used— 

8 (1) for the reunification of children separated 

9 from a parent or legal guardian at the United 

10 States-Mexico border between January 20, 2017, 

11 and January 20, 2021, for the assistance that the 

12 Secretary determines necessary to accomplish reuni13 fication of separated families; and 

14 (2) to provide or reimburse third parties for the 

15 provision of COVID–19 testing and shelter for the 

16 purpose of voluntary isolation of persons encoun17 tered by U.S. Customs and Border Protection after 

18 entering the United States along the southwest bor19 der and deemed inadmissible under section 212(a) of 

20 the Immigration and Nationality Act (8 U.S.C. 

21 1182(a)): Provided, That such testing and shelter 

22 shall be provided immediately after such persons 

23 leave Department of Homeland Security custody: 

24 Provided further, That for purposes of this section, 

25 funds may only be used in States or jurisdictions 


pamtmann on DSKBC07HB2PROD with BILLS
30 

•S 3058 IS

1 that do not have an agreement with the Federal gov2 ernment for the provision or reimbursement of such 

3 services. 

4 (b) Each amount repurposed by this section that was 

5 previously designated by the Congress as an emergency 

6 requirement pursuant to the Balanced Budget and Emer7 gency Deficit Control Act of 1985 is designated by the 

8 Congress as being for an emergency requirement pursuant 

9 to section 4001(a)(1) and section 4001(b) of S. Con. Res. 

10 14 (117th Congress), the concurrent resolution on the 

11 budget for fiscal year 2022, and to section 251(b) of the 

12 Balanced Budget and Emergency Deficit Control Act of 

13 1985. 

14 SEC. 233. For an additional amount for ‘‘Coast 

15 Guard—Procurement, Construction, and Improvements’’, 

16 $50,000,000, to remain available until expended, which 

17 shall be distributed as a grant to the National Coast 

18 Guard Museum Association (as defined in section 

19 316(i)(2) of title 14, United States Code) to carry out ac20 tivities under section 316(d) of such title of such Act, not21 withstanding subsections (b)(1) and (h) of such section 

22 316. 

23 SEC. 234. (a) Not later than 180 days after the date 

24 of enactment of this section, U.S. Immigration and Cus25 toms Enforcement shall develop a risk classification inVerDate Sep 11 2014 23:21 Oct 25, 2021 Jkt 029200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S3058.IS S3058

pamtmann on DSKBC07HB2PROD with BILLS
31 

•S 3058 IS

1 strument for individuals subject to section 236(c) of the 

2 Immigration and Nationality Act (8 U.S.C. 1226(c)), fol3 lowing the procedures outlined in this section, that in4 cludes an individualized evidence-based recommendation 

5 as to the least restrictive condition, or combination of con6 ditions, reasonably necessary to mitigate subsection 

7 (b)(1). 

8 (b) The instrument described in subsection (a) shall, 

9 at a minimum— 

10 (1) consider whether the individual is a flight 

11 risk, a danger to public safety, or a national security 

12 threat; 

13 (2) properly considers mitigating factors for 

14 any identified risks under subsection (b)(1), such as, 

15 whether the individual resides in the United States, 

16 has immigration status, has a pending application 

17 for relief in immigration court, is employed, has 

18 minor children, has strong community ties, family 

19 support, identifies as a member of a special popu20 lation, including persons who identify as 

21 transgender, has a disability or chronic illness, or is 

22 a survivor of torture or trafficking; and 

23 (3) be developed in consultation with the Offi24 cer for Civil Rights and Civil Liberties and the Im25 migration Detention Ombudsman. 


pamtmann on DSKBC07HB2PROD with BILLS
32 

•S 3058 IS

1 (c) INDEPENDENT VERIFICATION AND VALIDA2 TION.—Prior to the full implementation of the instrument 

3 described in subsections (a) and (b), the instrument shall 

4 undergo an Independent Verification and Validation to en5 sure that the instrument produces an individualized deter6 mination grounded in evidence-based decision-making, ex7 cept that, as a part of the Independent Verification and 

8 Validation process, the agency may use the instrument to 

9 determine the validity of the instrument. The Validation 

10 process shall also ensure that appropriate training, as de11 scribed in subsection (d), is developed for full implementa12 tion. 

13 (d) TRAINING.— 

14 (1) Not later than 60 days after the instrument 

15 is developed as described in subsections (a) through 

16 (c), the Director shall— 

17 (A) develop procedures for, and ensure 

18 execution of, training for all employees on such 

19 instrument, including comprehensive training to 

20 fully execute instrument overrides; 

21 (B) consider whether decision-makers re22 quire an understanding of the concepts of pre23 dictive validity in detention decision-making, 

24 comparative use of risk assessment instruments 

25 in the criminal justice system, evidence-based 


pamtmann on DSKBC07HB2PROD with BILLS
33 

•S 3058 IS

1 decision-making, risk management, trauma-in2 formed care, including the psychological con3 sequences of detention, implicit bias, and recidi4 vism in the civil context principles; in order to 

5 fully and accurately execute the instrument; 

6 (C) ensure that such training is required 

7 for all such employees responsible for making 

8 detention decisions prior to their use; and 

9 (D) identify and ensure annual training at 

10 the Director’s discretion. 

11 (2) The Director shall provide the Committee 

12 the results of such training, including copies of 

13 training materials, within 30 days of developing such 

14 training. 

15 (e) REQUIRED USE.—Following approval, review, 

16 and appropriate training described in subsections (a) 

17 through (d), U.S. Immigration and Customs Enforcement 

18 shall use the instrument to make individualized evidence19 based decisions as to the least restrictive condition or com20 bination of conditions, reasonably necessary to mitigate 

21 subsection (b)(1), and shall follow the instrument’s rec22 ommendation, except in the case of subsection (g), not23 withstanding section 236(c) of the Immigration and Na24 tionality Act (8 U.S.C. 1226(c)). 

25 (f) PROCESS AND TIMING REQUIREMENTS.— 


pamtmann on DSKBC07HB2PROD with BILLS
34 

•S 3058 IS

1 (1) The instrument may be used at any time, 

2 including upon intake, but not later than 21 days 

3 after such individual is taken into detention. 

4 (2) In cases where continued detention is rec5 ommended by the instrument, a detention review 

6 shall occur not less than 60 days from the time of 

7 initial determination, or earlier in cases of changed 

8 circumstances. 

9 (3) In cases where an individual employee over10 rides the recommendation of such instrument result11 ing in continued detention, such override shall be re12 viewed by a supervisor not less than 10 days after 

13 such override occurs. 

14 (g) DOCUMENTATION.—Determinations based on the 

15 results of the instrument described in subsections (a) and 

16 (f), at a minimum, shall be thoroughly documented in the 

17 agency’s system of record, including any such instrument 

18 override decisions which result in continued detention, 

19 which shall also meet the procedures described in sub20 section (h). 

21 (h) INSTRUMENT OVERRIDES.—The Director shall 

22 ensure that— 

23 (1) the only available instrument overrides are 

24 derived from the verification and validation process 

25 described in subsection (c); 


pamtmann on DSKBC07HB2PROD with BILLS
35 

•S 3058 IS

1 (2) overrides that result in continued detention 

2 are reviewed as described in subsection (f)(3); 

3 (3) overrides that result in continued detention 

4 are not used regularly and occur in unusual cir5 cumstances; 

6 (4) override rates that result in continued de7 tention are documented and reviewed, at a min8 imum, in the following manner— 

9 (A) by Supervisors, Field Office Directors, 

10 or their successors, for any decision-maker who 

11 exceed overrides in 5 percent of their total in12 strument cases; and 

13 (B) for any field office whose overrides ex14 ceed 5 percent of their total instrument cases 

15 per field office, the Director reviews the results 

16 of such field office, not less than every 90 days; 

17 (5) any decision-maker or field office whose 

18 total override rate exceeds 10 percent of total instru19 ment cases, undergoes additional training; and 

20 (6) the Committee receives override rates, 

21 disaggregated by field office, within 180 days of full 

22 implementation of the instrument and annually 

23 thereafter. 

24 (i) FORMS.—The Director shall ensure that all forms 

25 currently in use by the agency, are updated to reflect the 


pamtmann on DSKBC07HB2PROD with BILLS
36 

•S 3058 IS

1 instrument described in subsection (a), including the No2 tice of Detention Determination and all such administra3 tive appeal options. 

4 (j) INTERIM PROCEDURES.—Until such time as the 

5 instrument has undergone the procedures outlined in sub6 sections (a) through (c), the agency shall utilize the fol7 lowing procedures: 

8 (1) Not later than 30 days after the date of en9 actment of this section, the Secretary of Homeland 

10 Security shall approve a segmented risk classifica11 tion assessment process, developed by U.S. Immigra12 tion and Customs Enforcement that includes a de13 termination as to whether a detained individual is a 

14 flight risk, a public safety threat, or a national secu15 rity threat; and 

16 (2) Following approval of the assessment proc17 ess in subsection (a), U.S. Immigration and Cus18 toms Enforcement shall conduct a risk classification 

19 for each detained individual held in detention for at 

20 least 14 days, to be completed within 21 days of 

21 such individual being taken into detention, and make 

22 an individualized, documented detention determina23 tion that shall include the option to release such in24 dividual from detention, notwithstanding section 


pamtmann on DSKBC07HB2PROD with BILLS
37 

•S 3058 IS

1 236(c) of the Immigration and Nationality Act (8 

2 U.S.C. 1226(c)). 

3 (k) BIANNUAL REVIEW.—The instrument shall be re4 viewed not less than biannually by the Director, in con5 sultation with the Officer for Civil Rights and Civil Lib6 erties and the Immigration Detention Ombudsman, to en7 sure instrument recommendations and procedures are fol8 lowed, training is sufficient, and the use and implementa9 tion of the instrument is aligned with best practices and 

10 evidence-based decision-making. The results of such re11 view shall be provided to the Committee within 60 days 

12 and shall identify any needs the agency may have in car13 rying out the terms of this section. 

14 (l) RULES OF CONSTRUCTION.—Nothing in this sec15 tion shall be construed to— 

16 (1) grant to any person any substantive due 

17 process right; 

18 (2) interfere with any settlement agreement; 

19 (3) interfere with any Federal habeas right; 

20 (4) require a bond if the instrument rec21 ommends release from detention; and 

22 (5) impact any detention process or decision 

23 other than for those persons subject to section 

24 236(c) of the Immigration and Nationality Act (8 

25 U.S.C. 1226(c)). 


pamtmann on DSKBC07HB2PROD with BILLS
38 

•S 3058 IS

1 (m) DEFINITIONS.—For the purposes of this section: 

2 (1) The term ‘‘risk classification instrument’’, 

3 or ‘‘instrument’’, means an independently verified 

4 and validated tool that includes an individualized 

5 recommendation as to the appropriate level of cus6 tody, which is actuarial in nature and grounded in 

7 evidence-based decision-making. 

8 (2) The term ‘‘detention’’ shall mean the phys9 ical detention or physical custody of such individual 

10 by U.S. Immigration and Customs Enforcement, and 

11 is distinguished from the legal custody or level of 

12 custody of such individual. 

13 (3) The term ‘‘Director’’ shall mean the Direc14 tor of U.S. Immigration and Customs Enforcement. 

15 (4) The term ‘‘agency’’ shall mean U.S. Immi16 gration and Customs Enforcement. 

17 (5) The term ‘‘Committee’’ means the Commit18 tees on Appropriations of the Senate and the House 

19 of Representatives. 

20 (6) The term ‘‘changed circumstances’’ shall 

21 mean evidence, facts, or information that are sub22 stantial in nature and that were unknown or unan23 ticipated when the prior decision was made, which 

24 may be raised by either the person in detention or 

25 the decision-maker, including, but not limited to, a 


pamtmann on DSKBC07HB2PROD with BILLS
39 

•S 3058 IS

1 determination that a person was not initially subject 

2 to section 236(c) of the Immigration and Nationality 

3 Act (8 U.S.C. 1226(c)), evidentiary support for miti4 gating factors, health-related, medical, or family 

5 emergencies, or other humanitarian concerns, or a 

6 change in criminal charging documents. 

7 (7) The term ‘‘Independent Verification and 

8 Validation’’ shall mean a verification and validation 

9 performed by an organization that is technically, 

10 managerially, and financially independent of U.S. 

11 Immigration and Customs Enforcement, which shall 

12 involve a comprehensive review, analysis, and testing 

13 performed by an objective third party to confirm 

14 that the requirements are correctly defined, and to 

15 confirm that the system correctly implements the re16 quired functionality and security requirements. 

17 (8) The term ‘‘level of custody’’, or ‘‘custody’’, 

18 shall mean a significant restraint on liberty not 

19 shared by the public generally, including conditions 

20 and restrictions that significantly restrain an indi21 vidual’s liberty, which may include home confine22 ment, alternatives to detention, but does not exclu23 sively mean physical custody or physical detention. 

24 (9) The term ‘‘instrument override’’ means the 

25 ability of a decision-maker to change the risk level, 


pamtmann on DSKBC07HB2PROD with BILLS
40 

•S 3058 IS

1 outcome, or recommendation provided by the instru2 ment. 

3 TITLE III 

4 PROTECTION, PREPAREDNESS, RESPONSE, AND 

5 RECOVERY 

6 CYBERSECURITY AND INFRASTRUCTURE SECURITY

7 AGENCY

8 OPERATIONS AND SUPPORT

9 For necessary expenses of the Cybersecurity and In10 frastructure Security Agency for operations and support, 

11 $2,077,585,000, of which $33,293,000, shall remain avail12 able until September 30, 2023: Provided, That not to ex13 ceed $3,825 shall be for official reception and representa14 tion expenses. 

15 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

16 For necessary expenses of the Cybersecurity and In17 frastructure Security Agency for procurement, construc18 tion, and improvements, $530,562,000, to remain avail19 able until September 30, 2024. 

20 RESEARCH AND DEVELOPMENT

21 For necessary expenses of the Cybersecurity and In22 frastructure Security Agency for research and develop23 ment, $9,931,000, to remain available until September 30, 

24 2023. 


pamtmann on DSKBC07HB2PROD with BILLS
41 

•S 3058 IS

1 CYBERSECURITY RESPONSE AND RECOVERY FUND

2 For necessary expenses of the Cybersecurity and In3 frastructure Security Agency for cyber response and re4 covery, $20,000,000, to remain available until expended: 

5 Provided, That such amounts shall be used to provide sup6 port to critical infrastructure, including through the provi7 sion of services, technology, or capabilities, with or without 

8 reimbursement, to respond to or recover from a significant 

9 cyber incident as defined in Presidential Policy Directive 

10 41: Provided further, That such support may include the 

11 provision of assistance to private entities and State, local, 

12 territorial, and tribal governments in responding to or re13 covering from a significant cyber incident: Provided fur14 ther, That amounts appropriated under this heading shall 

15 be available only upon a determination by the President 

16 that additional resources are needed for the purposes 

17 under this heading: Provided further, That amounts made 

18 available under this heading shall be in addition to any 

19 other amounts available for such purposes. 

20 FEDERAL EMERGENCY MANAGEMENT AGENCY

21 OPERATIONS AND SUPPORT

22 For necessary expenses of the Federal Emergency 

23 Management Agency for operations and support, 

24 $1,391,121,000: Provided, That not to exceed $2,250 

25 shall be for official reception and representation expenses. 


pamtmann on DSKBC07HB2PROD with BILLS
42 

•S 3058 IS

1 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

2 For necessary expenses of the Federal Emergency 

3 Management Agency for procurement, construction, and 

4 improvements, $191,212,000, of which $80,002,000 shall 

5 remain available until September 30, 2024, and of which 

6 $111,210,000 shall remain available until September 30, 

7 2026. 

8 FEDERAL ASSISTANCE

9 (INCLUDING TRANSFER OF FUNDS)

10 For activities of the Federal Emergency Management 

11 Agency for Federal assistance through grants, contracts, 

12 cooperative agreements, and other activities, 

13 $3,496,604,000, which shall be allocated as follows: 

14 (1) $610,000,000 for the State Homeland Secu15 rity Grant Program under section 2004 of the 

16 Homeland Security Act of 2002 (6 U.S.C. 605), of 

17 which $90,000,000 shall be for Operation 

18 Stonegarden, $15,000,000 shall be for Tribal Home19 land Security Grants under section 2005 of the 

20 Homeland Security Act of 2002 (6 U.S.C. 606), and 

21 $90,000,000 shall be for organizations (as described 

22 under section 501(c)(3) of the Internal Revenue 

23 Code of 1986 and exempt from tax under section 

24 501(a) of such code) determined by the Secretary of 

25 Homeland Security to be at high risk of a terrorist 


pamtmann on DSKBC07HB2PROD with BILLS
43 

•S 3058 IS

1 attack: Provided, That notwithstanding subsection 

2 (c)(4) of such section 2004, for fiscal year 2022, the 

3 Commonwealth of Puerto Rico shall make available 

4 to local and tribal governments amounts provided to 

5 the Commonwealth of Puerto Rico under this para6 graph in accordance with subsection (c)(1) of such 

7 section 2004. 

8 (2) $705,000,000 for the Urban Area Security 

9 Initiative under section 2003 of the Homeland Secu10 rity Act of 2002 (6 U.S.C. 604), of which 

11 $90,000,000 shall be for organizations (as described 

12 under section 501(c)(3) of the Internal Revenue 

13 Code of 1986 and exempt from tax under section 

14 501(a) of such code) determined by the Secretary of 

15 Homeland Security to be at high risk of a terrorist 

16 attack. 

17 (3) $100,000,000 for Public Transportation Se18 curity Assistance, Railroad Security Assistance, and 

19 Over-the-Road Bus Security Assistance under sec20 tions 1406, 1513, and 1532 of the Implementing 

21 Recommendations of the 9/11 Commission Act of 

22 2007 (6 U.S.C. 1135, 1163, and 1182), of which 

23 $10,000,000 shall be for Amtrak security and 

24 $2,000,000 shall be for Over-the-Road Bus Security: 

25 Provided, That such public transportation security 


pamtmann on DSKBC07HB2PROD with BILLS
44 

•S 3058 IS

1 assistance shall be provided directly to public trans2 portation agencies. 

3 (4) $100,000,000 for Port Security Grants in 

4 accordance with section 70107 of title 46, United 

5 States Code. 

6 (5) $740,000,000, to remain available until 

7 September 30, 2023, of which $370,000,000 shall be 

8 for Assistance to Firefighter Grants and 

9 $370,000,000 shall be for Staffing for Adequate 

10 Fire and Emergency Response Grants under sec11 tions 33 and 34 respectively of the Federal Fire Pre12 vention and Control Act of 1974 (15 U.S.C. 2229 

13 and 2229a). 

14 (6) $355,000,000 for emergency management 

15 performance grants under the National Flood Insur16 ance Act of 1968 (42 U.S.C. 4001 et seq.), the Rob17 ert T. Stafford Disaster Relief and Emergency As18 sistance Act (42 U.S.C. 5121), the Earthquake Haz19 ards Reduction Act of 1977 (42 U.S.C. 7701), sec20 tion 762 of title 6, United States Code, and Reorga21 nization Plan No. 3 of 1978 (5 U.S.C. App.). 

22 (7) $275,500,000 for necessary expenses for 

23 Flood Hazard Mapping and Risk Analysis, in addi24 tion to and to supplement any other sums appro25 priated under the National Flood Insurance Fund, 


pamtmann on DSKBC07HB2PROD with BILLS
45 

•S 3058 IS

1 and such additional sums as may be provided by 

2 States or other political subdivisions for cost-shared 

3 mapping activities under section 1360(f)(2) of the 

4 National Flood Insurance Act of 1968 (42 U.S.C. 

5 4101(f)(2)), to remain available until expended. 

6 (8) $12,000,000 for Regional Catastrophic Pre7 paredness Grants. 

8 (9) $12,000,000 for Rehabilitation of High 

9 Hazard Potential Dams under section 8A of the Na10 tional Dam Safety Program Act (33 U.S.C. 467f–2). 

11 (10) $130,000,000 for the emergency food and 

12 shelter program under title III of the McKinney13 Vento Homeless Assistance Act (42 U.S.C. 11331), 

14 to remain available until expended: Provided, That 

15 not to exceed 3.5 percent shall be for total adminis16 trative costs. 

17 (11) $100,000,000 for carrying out the estab18 lishment of revolving loan funds under section 205 

19 of the Robert T. Stafford Disaster Relief and Emer20 gency Assistance Act (42 U.S.C. 5135). 

21 (12) $63,504,000 for Congressionally Directed 

22 Spending grants, which shall be for the purposes, 

23 and the amounts, specified in the table entitled 

24 ‘‘Congressionally Directed Spending Items’’ in the 


pamtmann on DSKBC07HB2PROD with BILLS
46 

•S 3058 IS

1 explanatory statement accompanying this Act, of 

2 which— 

3 (A) in addition to amounts otherwise made 

4 available for such purpose, $29,889,000 is for 

5 emergency operations center grants under sec6 tion 614 of the Robert T. Stafford Disaster Re7 lief and Emergency Assistance Act (42 U.S.C. 

8 6196c); 

9 (B) in addition to amounts otherwise made 

10 available for such purpose, $31,615,000 is for 

11 pre-disaster mitigation grants under section 

12 203 of the Robert T. Stafford Disaster Relief 

13 and Emergency Assistance Act (42 U.S.C. 

14 5133(e)), notwithstanding subsections (f), (g), 

15 and (l) of that section (42 U.S.C. 5133(f), (g), 

16 and (l)); and 

17 (C) $2,000,000 shall be transferred to 

18 ‘‘Federal Emergency Management Agency—Op19 erations and Support’’, to manage and admin20 ister Congressionally Directed Spending grants. 

21 (13) $293,600,000 to sustain current oper22 ations for training, exercises, technical assistance, 

23 and other programs. 


pamtmann on DSKBC07HB2PROD with BILLS
47 

•S 3058 IS

1 DISASTER RELIEF FUND

2 For necessary expenses in carrying out the Robert 

3 T. Stafford Disaster Relief and Emergency Assistance Act 

4 (42 U.S.C. 5121 et seq.), $18,799,000,000, to remain 

5 available until expended, shall be for major disasters de6 clared pursuant to the Robert T. Stafford Disaster Relief 

7 and Emergency Assistance Act (42 U.S.C. 5121 et seq.) 

8 and is designated by the Congress as being for disaster 

9 relief pursuant to section 4004(b)(6) and section 4005(f) 

10 of S. Con. Res. 14 (117th Congress), the concurrent reso11 lution on the budget for fiscal year 2022. 

12 NATIONAL FLOOD INSURANCE FUND

13 For activities under the National Flood Insurance 

14 Act of 1968 (42 U.S.C. 4001 et seq.), the Flood Disaster 

15 Protection Act of 1973 (42 U.S.C. 4001 et seq.), the 

16 Biggert-Waters Flood Insurance Reform Act of 2012 

17 (Public Law 112–141, 126 Stat. 916), and the Home18 owner Flood Insurance Affordability Act of 2014 (Public 

19 Law 113–89; 128 Stat. 1020), $214,706,000, to remain 

20 available until September 30, 2023, which shall be derived 

21 from offsetting amounts collected under section 1308(d) 

22 of the National Flood Insurance Act of 1968 (42 U.S.C. 

23 4015(d)); of which $15,706,000 shall be available for mis24 sion support associated with flood management; and of 

25 which $199,000,000 shall be available for flood plain manVerDate Sep 11 2014 23:21 Oct 25, 2021 Jkt 029200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\S3058.IS S3058

pamtmann on DSKBC07HB2PROD with BILLS
48 

•S 3058 IS

1 agement and flood mapping: Provided, That any addi2 tional fees collected pursuant to section 1308(d) of the 

3 National Flood Insurance Act of 1968 (42 U.S.C. 

4 4015(d)) shall be credited as offsetting collections to this 

5 account, to be available for flood plain management and 

6 flood mapping: Provided further, That in fiscal year 2022, 

7 no funds shall be available from the National Flood Insur8 ance Fund under section 1310 of the National Flood In9 surance Act of 1968 (42 U.S.C. 4017) in excess of— 

10 (1) $197,393,000 for operating expenses and 

11 salaries and expenses associated with flood insurance 

12 operations; 

13 (2) $876,743,000 for commissions and taxes of 

14 agents; 

15 (3) such sums as are necessary for interest on 

16 Treasury borrowings; and 

17 (4) $175,000,000, which shall remain available 

18 until expended, for flood mitigation actions and for 

19 flood mitigation assistance under section 1366 of the 

20 National Flood Insurance Act of 1968 (42 U.S.C. 

21 4104c), notwithstanding sections 1366(e) and 

22 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017): 

23 Provided further, That the amounts collected under section 

24 102 of the Flood Disaster Protection Act of 1973 (42 

25 U.S.C. 4012a) and section 1366(e) of the National Flood 


pamtmann on DSKBC07HB2PROD with BILLS
49 

•S 3058 IS

1 Insurance Act of 1968 (42 U.S.C. 4104c(e)), shall be de2 posited in the National Flood Insurance Fund to supple3 ment other amounts specified as available for section 1366 

4 of the National Flood Insurance Act of 1968, notwith5 standing section 102(f)(8), section 1366(e) of the National 

6 Flood Insurance Act of 1968, and paragraphs (1) through 

7 (3) of section 1367(b) of such Act (42 U.S.C. 4012a(f)(8), 

8 4104c(e), 4104d(b)(1)–(3)): Provided further, That total 

9 administrative costs shall not exceed 4 percent of the total 

10 appropriation: Provided further, That up to $5,000,000 is 

11 available to carry out section 24 of the Homeowner Flood 

12 Insurance Affordability Act of 2014 (42 U.S.C. 4033). 

13 ADMINISTRATIVE PROVISIONS

14 (INCLUDING TRANSFER OF FUNDS)

15 SEC. 301. (a) Funds made available under the head16 ing ‘‘Cybersecurity and Infrastructure Security Agency— 

17 Operations and Support’’ may be made available for the 

18 necessary expenses of carrying out the competition speci19 fied in section 2(e) of Executive Order No. 13870 (May 

20 2, 2019), including the provision of monetary and non21 monetary awards for Federal civilian employees and mem22 bers of the uniformed services, the necessary expenses for 

23 the honorary recognition of any award recipients, and ac24 tivities to encourage participation in the competition, in25 cluding promotional items. 


pamtmann on DSKBC07HB2PROD with BILLS
50 

•S 3058 IS

1 (b) Any awards made pursuant to this section shall 

2 be of the same type and amount as those authorized under 

3 sections 4501 through 4505 of title 5, United States Code. 

4 SEC. 302. (a) The Under Secretary for Management 

5 shall submit, concurrent with the budget of the President 

6 that is submitted to Congress pursuant to section 1105(a) 

7 of title 31, United States Code, a report on the unfunded 

8 priorities for the Cybersecurity and Infrastructure Secu9 rity Agency. 

10 (b) The report under this section shall specify, for 

11 each such unfunded priority— 

12 (1) a summary description, including the objec13 tives to be achieved if such priority is funded 

14 (whether in whole or in part); 

15 (2) the description, including the objectives to 

16 be achieved if such priority is funded (whether in 

17 whole or in part); 

18 (3) account information, including the following 

19 (as applicable)— 

20 (A) appropriation account; and 

21 (B) program, project, or activity name; 

22 and 

23 (4) the additional number of full-time or part24 time positions to be funded as part of such priority. 


pamtmann on DSKBC07HB2PROD with BILLS
51 

•S 3058 IS

1 (c) In this section, the term ‘‘unfunded priority’’, in 

2 the case of a fiscal year, means a requirement that— 

3 (1) is not funded in the budget referred to in 

4 subsection (a); 

5 (2) is necessary to fulfill a requirement associ6 ated with an operational or contingency plan for the 

7 Department; and 

8 (3) would have been recommended for funding 

9 through the budget referred to in subsection (a) if— 

10 (A) additional resources had been available 

11 for the budget to fund the requirement; 

12 (B) the requirement has emerged since the 

13 budget was formulated; or 

14 (C) the requirement is necessary to sustain 

15 prior-year investments. 

16 SEC. 303. The Cybersecurity and Infrastructure Se17 curity Agency shall provide to the Committees on Appro18 priations of the Senate and House of Representatives 

19 monthly reports to be submitted not later than the tenth 

20 business day following the end of each month, on the sta21 tus of funds made available under the heading ‘‘Cyberse22 curity and Infrastructure Agency—Cyber Response and 

23 Recovery Fund’’, including an accounting of the most re24 cent funding allocation estimates, obligations, expendi25 tures, and unobligated funds, delineated by significant 


pamtmann on DSKBC07HB2PROD with BILLS
52 

•S 3058 IS

1 cyber incident as defined in Presidential Policy Directive 

2 41. 

3 SEC. 304. Notwithstanding section 2008(a)(12) of 

4 the Homeland Security Act of 2002 (6 U.S.C. 609(a)(12)) 

5 or any other provision of law, not more than 5 percent 

6 of the amount of a grant made available in paragraphs 

7 (1) through (4) under ‘‘Federal Emergency Management 

8 Agency—Federal Assistance’’, may be used by the grantee 

9 for expenses directly related to administration of the 

10 grant. 

11 SEC. 305. Applications for grants under the heading 

12 ‘‘Federal Emergency Management Agency—Federal As13 sistance’’, for paragraphs (1) through (4), shall be made 

14 available to eligible applicants not later than 60 days after 

15 the date of enactment of this Act, eligible applicants shall 

16 submit applications not later than 80 days after the grant 

17 announcement, and the Administrator of the Federal 

18 Emergency Management Agency shall act within 65 days 

19 after the receipt of an application. 

20 SEC. 306. Under the heading ‘‘Federal Emergency 

21 Management Agency—Federal Assistance’’, for grants 

22 under paragraphs (1) through (4), (8), and (9), the Ad23 ministrator of the Federal Emergency Management Agen24 cy shall brief the Committees on Appropriations of the 

25 Senate and the House of Representatives 5 full business 


pamtmann on DSKBC07HB2PROD with BILLS
53 

•S 3058 IS

1 days in advance of announcing publicly the intention of 

2 making an award. 

3 SEC. 307. Under the heading ‘‘Federal Emergency 

4 Management Agency—Federal Assistance’’, for grants 

5 under paragraphs (1) and (2), the installation of commu6 nications towers is not considered construction of a build7 ing or other physical facility. 

8 SEC. 308. The reporting requirements in paragraphs 

9 (1) and (2) under the heading ‘‘Federal Emergency Man10 agement Agency—Disaster Relief Fund’’ in the Depart11 ment of Homeland Security Appropriations Act, 2015 

12 (Public Law 114–4) shall be applied in fiscal year 2022 

13 with respect to budget year 2023 and current fiscal year 

14 2022, respectively— 

15 (1) in paragraph (1) by substituting ‘‘fiscal 

16 year 2023’’ for ‘‘fiscal year 2016’’; and 

17 (2) in paragraph (2) by inserting ‘‘business’’ 

18 after ‘‘fifth’’. 

19 SEC. 309. In making grants under the heading ‘‘Fed20 eral Emergency Management Agency—Federal Assist21 ance’’, for Staffing for Adequate Fire and Emergency Re22 sponse grants, the Administrator of the Federal Emer23 gency Management Agency may grant waivers from the 

24 requirements in subsections (a)(1)(A), (a)(1)(B), 

25 (a)(1)(E), (c)(1), (c)(2), and (c)(4) of section 34 of the 


pamtmann on DSKBC07HB2PROD with BILLS
54 

•S 3058 IS

1 Federal Fire Prevention and Control Act of 1974 (15 

2 U.S.C. 2229a). 

3 SEC. 310. (a) Of the amount made available by sec4 tion 4005 of the American Rescue Plan Act of 2021 (Pub5 lic Law 117–2)— 

6 (1) up to $1,000,000,000, in addition to any 

7 amounts set aside pursuant to section 203(i) of the 

8 Robert T. Stafford Disaster Relief and Emergency 

9 Assistance Act (42 U.S.C. 5133(i)), shall be avail10 able for the Building Resilient Infrastructure and 

11 Communities grant program to mitigate the effects 

12 of climate change; and 

13 (2) $14,000,000 shall be transferred to the De14 partment of Homeland Security Office of Inspector 

15 General for oversight of the obligations of funds 

16 made available under such section 4005. 

17 SEC. 311. (a) The aggregate charges assessed during 

18 fiscal year 2022 , as authorized in title III of the Depart19 ments of Veterans Affairs and Housing and Urban Devel20 opment, and Independent Agencies Appropriations Act, 

21 1999 (42 U.S.C. 5196e), shall not be less than 100 per22 cent of the amounts anticipated by the Department of 

23 Homeland Security to be necessary for its Radiological 

24 Emergency Preparedness Program for the next fiscal year. 


pamtmann on DSKBC07HB2PROD with BILLS
55 

•S 3058 IS

1 (b) The methodology for assessment and collection of 

2 fees shall be fair and equitable and shall reflect costs of 

3 providing such services, including administrative costs of 

4 collecting such fees. 

5 (c) Such fees shall be deposited in a Radiological 

6 Emergency Preparedness Program account as offsetting 

7 collections and will become available for authorized pur8 poses on October 1, 2022, and remain available until ex9 pended. 

10 SEC. 312. In making grants under the heading ‘‘Fed11 eral Emergency Management Agency—Federal Assist12 ance’’, for Assistance to Firefighter Grants, the Adminis13 trator of the Federal Emergency Management Agency 

14 may waive subsection (k) of section 33 of the Federal Fire 

15 Prevention and Control Act of 1974 (15 U.S.C. 2229). 

16 SEC. 313. (a) Up to 1 percent of the appropriations 

17 made available under paragraphs (1) and (2) under the 

18 heading ‘‘Federal Emergency Management Agency—Fed19 eral Assistance’’ may be transferred to the appropriation 

20 made available under the heading ‘‘Federal Emergency 

21 Management Agency—Operations and Support’’ for the 

22 purpose of conducting independently verified and validated 

23 evaluations on the effectiveness of grants awarded under 

24 the State Homeland Security Grant Program and Urban 

25 Area Security Initiative. 


pamtmann on DSKBC07HB2PROD with BILLS
56 

•S 3058 IS

1 (b) Any funds transferred under this section shall be 

2 in addition to any other amounts otherwise made available 

3 for the same purpose. 

4 (c) The transfer authority provided in this section 

5 shall be in addition to any other transfer authority pro6 vided in this Act. 

7 TITLE IV 

8 RESEARCH, DEVELOPMENT, TRAINING, AND 

9 SERVICES 

10 U.S. CITIZENSHIP AND IMMIGRATION SERVICES

11 OPERATIONS AND SUPPORT

12 For necessary expenses of U.S. Citizenship and Im13 migration Services for operations and support, including 

14 for the E-Verify Program, application processing, the re15 duction of backlogs within U.S. Citizenship and Immigra16 tion Services asylum, field, and service center offices, and 

17 support of the refugee program, $459,504,000, of which 

18 $87,619,000 shall remain available until September 30, 

19 2023: Provided, That such amounts shall be in addition 

20 to any other amounts made available for such purposes, 

21 and shall not be construed to require any reduction of any 

22 fee described in section 286(m) of the Immigration and 

23 Nationality Act (8 U.S.C. 1356(m)). 


pamtmann on DSKBC07HB2PROD with BILLS
57 

•S 3058 IS

1 FEDERAL ASSISTANCE

2 For necessary expenses of U.S. Citizenship and Im3 migration Services for Federal assistance for the Citizen4 ship and Integration Grant Program, $20,000,000. 

5 FEDERAL LAW ENFORCEMENT TRAINING CENTERS

6 OPERATIONS AND SUPPORT

7 For necessary expenses of the Federal Law Enforce8 ment Training Centers for operations and support, includ9 ing the purchase of not to exceed 117 vehicles for police10 type use and hire of passenger motor vehicles, and services 

11 as authorized by section 3109 of title 5, United States 

12 Code, $322,436,000, of which $61,618,000 shall remain 

13 available until September 30, 2023: Provided, That not 

14 to exceed $7,180 shall be for official reception and rep15 resentation expenses. 

16 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

17 For necessary expenses of the Federal Law Enforce18 ment Training Centers for procurement, construction, and 

19 improvements, $33,200,000, to remain available until Sep20 tember 30, 2026, for acquisition of necessary additional 

21 real property and facilities, construction and ongoing 

22 maintenance, facility improvements and related expenses 

23 of the Federal Law Enforcement Training Centers. 


pamtmann on DSKBC07HB2PROD with BILLS
58 

•S 3058 IS

1 SCIENCE AND TECHNOLOGY DIRECTORATE

2 OPERATIONS AND SUPPORT

3 For necessary expenses of the Science and Tech4 nology Directorate for operations and support, including 

5 the purchase or lease of not to exceed 5 vehicles, 

6 $325,590,000, of which $186,624,000 shall remain avail7 able until September 30, 2023: Provided, That not to ex8 ceed $10,000 shall be for official reception and representa9 tion expenses. 

10 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

11 For necessary expenses of the Science and Tech12 nology Directorate for procurement, construction, and im13 provements, $12,859,000, to remain available until Sep14 tember 30, 2026. 

15 RESEARCH AND DEVELOPMENT

16 For necessary expenses of the Science and Tech17 nology Directorate for research and development, 

18 $530,454,000, to remain available until September 30, 

19 2024. 

20 COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE

21 OPERATIONS AND SUPPORT

22 For necessary expenses of the Countering Weapons 

23 of Mass Destruction Office for operations and support, 

24 $171,750,000, of which $35,606,000 shall remain avail25 able until September 30, 2023: Provided, That not to exVerDate Sep 11 2014 23:21 Oct 25, 2021 Jkt 029200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\S3058.IS S3058

pamtmann on DSKBC07HB2PROD with BILLS
59 

•S 3058 IS

1 ceed $2,250 shall be for official reception and representa2 tion expenses. 

3 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

4 For necessary expenses of the Countering Weapons 

5 of Mass Destruction Office for procurement, construction, 

6 and improvements, $71,604,000, to remain available until 

7 September 30, 2024. 

8 RESEARCH AND DEVELOPMENT

9 For necessary expenses of the Countering Weapons 

10 of Mass Destruction Office for research and development, 

11 $65,709,000, to remain available until September 30, 

12 2024. 

13 FEDERAL ASSISTANCE

14 For necessary expenses of the Countering Weapons 

15 of Mass Destruction Office for Federal assistance through 

16 grants, contracts, cooperative agreements, and other ac17 tivities, $132,948,000, to remain available until Sep18 tember 30, 2024. 

19 ADMINISTRATIVE PROVISIONS

20 SEC. 401. Notwithstanding any other provision of 

21 law, funds otherwise made available to U.S. Citizenship 

22 and Immigration Services may be used to acquire, operate, 

23 equip, and dispose of up to 5 vehicles, for replacement 

24 only, for areas where the Administrator of General Serv25 ices does not provide vehicles for lease: Provided, That the 


pamtmann on DSKBC07HB2PROD with BILLS
60 

•S 3058 IS

1 Director of U.S. Citizenship and Immigration Services 

2 may authorize employees who are assigned to those areas 

3 to use such vehicles to travel between the employees’ resi4 dences and places of employment. 

5 SEC. 402. None of the funds appropriated by this Act 

6 may be used to process or approve a competition under 

7 Office of Management and Budget Circular A–76 for serv8 ices provided by employees (including employees serving 

9 on a temporary or term basis) of U.S. Citizenship and Im10 migration Services of the Department of Homeland Secu11 rity who are known as Immigration Information Officers, 

12 Immigration Service Analysts, Contact Representatives, 

13 Investigative Assistants, or Immigration Services Officers. 

14 SEC. 403. The terms and conditions of section 403 

15 of the Department of Homeland Security Appropriations 

16 Act, 2020 (division D of Public Law 116–93) shall apply 

17 to this Act. 

18 SEC. 404. The Director of the Federal Law Enforce19 ment Training Centers is authorized to distribute funds 

20 to Federal law enforcement agencies for expenses incurred 

21 participating in training accreditation. 

22 SEC. 405. The Federal Law Enforcement Training 

23 Accreditation Board, including representatives from the 

24 Federal law enforcement community and non-Federal ac25 creditation experts involved in law enforcement training, 


pamtmann on DSKBC07HB2PROD with BILLS
61 

•S 3058 IS

1 shall lead the Federal law enforcement training accredita2 tion process to continue the implementation of measuring 

3 and assessing the quality and effectiveness of Federal law 

4 enforcement training programs, facilities, and instructors. 

5 SEC. 406. The Director of the Federal Law Enforce6 ment Training Centers may accept transfers to its ‘‘Pro7 curement, Construction, and Improvements’’ account from 

8 Government agencies requesting the construction of spe9 cial use facilities, as authorized by the Economy Act (31 

10 U.S.C. 1535(b)): Provided, That the Federal Law En11 forcement Training Centers maintain administrative con12 trol and ownership upon completion of such facilities. 

13 SEC. 407. The functions of the Federal Law Enforce14 ment Training Centers instructor staff shall be classified 

15 as inherently governmental for purposes of the Federal 

16 Activities Inventory Reform Act of 1998 (31 U.S.C. 501 

17 note). 

18 SEC. 408. Notwithstanding the seventh proviso under 

19 the heading ‘‘Immigration and Naturalization Service— 

20 Salaries and Expenses’’ in Public Law 105–119 (relating 

21 to FD–258 fingerprint cards), or any other provision of 

22 law, funds made available to U.S. Citizenship and Immi23 gration Services by this or any other Act may be used for 

24 the collection and use of biometrics taken at a U.S. Citi25 zenship and Immigration Services Application Support 


pamtmann on DSKBC07HB2PROD with BILLS
62 

•S 3058 IS

1 Center that is overseen virtually by U.S. Citizenship and 

2 Immigration Services personnel using appropriate tech3 nology. 

4 SEC. 409. Notwithstanding section 286(n) of the Im5 migration and Nationality Act (8 U.S.C. 1356(n)), the Di6 rector of U.S. Citizenship and Immigration Services may 

7 use not more than $2,500 of amounts deposited in the 

8 Immigration Examinations Fee Account for official recep9 tion and representation expenses in fiscal year 2022. 

10 SEC. 410. Section 401(b) of the Illegal Immigration 

11 Reform and Immigrant Responsibility Act of 1996 (8 

12 U.S.C. 1324a note) shall be applied by substituting ‘‘Sep13 tember 30, 2022’’ for ‘‘September 30, 2015’’. 

14 SEC. 411. Subclauses 101(a)(27)(C)(ii)(II) and (III) 

15 of the Immigration and Nationality Act (8 U.S.C. 

16 1101(a)(27)(C)(ii)(II) and (III)) shall be applied by sub17 stituting ‘‘September 30, 2022’’ for ‘‘September 30, 

18 2015’’. 

19 SEC. 412. Section 220(c) of the Immigration and Na20 tionality Technical Corrections Act of 1994 (8 U.S.C. 

21 1182 note) shall be applied by substituting ‘‘September 

22 30, 2022’’ for ‘‘September 30, 2015’’. 

23 SEC. 413. Notwithstanding the numerical limitation 

24 set forth in section 214(g)(1)(B) of the Immigration and 

25 Nationality Act (8 U.S.C. 1184(g)(1)(B)), the Secretary 


pamtmann on DSKBC07HB2PROD with BILLS
63 

•S 3058 IS

1 of Homeland Security, after consultation with the Sec2 retary of Labor, and upon the determination that the 

3 needs of American businesses cannot be satisfied in fiscal 

4 year 2022 with United States workers who are willing, 

5 qualified, and able to perform temporary nonagricultural 

6 labor, may increase the total number of aliens who may 

7 receive a visa under section 101(a)(15)(H)(ii)(b) of such 

8 Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) in such fiscal year 

9 above such limitation by not more than the highest num10 ber of H–2B nonimmigrants who participated in the H– 

11 2B returning worker program in any fiscal year in which 

12 returning workers were exempt from such numerical limi13 tation. 

14 SEC. 414. (a) Notwithstanding any other provision 

15 of law, beginning in fiscal year 2022, the worldwide level 

16 of family-sponsored immigrants under subsection (c) of 

17 section 201 of the Immigration and Nationality Act (8 

18 U.S.C. 1151) and the worldwide level of employment19 based immigrants under subsection (d) of such section 

20 shall each be increased by the number computed under 

21 subsection (b) of this section with respect to each of such 

22 worldwide levels. 

23 (b) For each of the worldwide levels described in sub24 section (a) of this section, the number computed under 

25 this subsection is the difference (if any) between the sum 


pamtmann on DSKBC07HB2PROD with BILLS
64 

•S 3058 IS

1 of the worldwide levels established under the applicable 

2 subsection of section 201 of the Immigration and Nation3 ality Act (8 U.S.C. 1151) for fiscal years 2020 and 2021 

4 and the number of visas that were issued and used as the 

5 basis for an application for admission into the United 

6 States as an immigrant described in the applicable sub7 section during such fiscal years. 

8 (c) The Secretary of State, in consultation with the 

9 Secretary of Homeland Security, shall allocate the visas 

10 made available as a result of the computation under sub11 section (b) on a proportional basis consistent with sub12 sections (a) and (b) of section 203 of the Immigration and 

13 Nationality Act (8 U.S.C. 1153(a) and (b)), and in accord14 ance with subsection (e)(1) of such section (8 U.S.C. 

15 1153(e)(1)). 

16 (d) Each visa made available as a result of the com17 putation made under subsection (b) of this section shall 

18 remain available for use in fiscal year 2022 or any subse19 quent fiscal year, until the Secretary of State, in consulta20 tion with the Secretary of Homeland Security, determines 

21 that such visa has been issued and used as the basis for 

22 an application for admission into the United States. 

23 (e) For fiscal year 2021 and 2022, the number com24 puted under subsection (c)(3)(C) of section 201 of the Im25 migration and Nationality Act (8 U.S.C. 1151), and the 


pamtmann on DSKBC07HB2PROD with BILLS
65 

•S 3058 IS

1 number computed under subsection (d)(2)(C) of such sec2 tion, are deemed to equal zero. 

3 (f) Notwithstanding section 204(a)(1)(I)(ii)(II) of the 

4 Immigration and Nationality Act (8 U.S.C. 

5 1154(a)(1)(I)(ii)(II)), and subject to subsection (i) of this 

6 section, an immigrant visa for those selected in accordance 

7 with section 203(e)(2) of the Immigration and Nationality 

8 Act (8 U.S.C. 1153(e)(2)) in fiscal year 2020 or 2021 

9 shall remain available to such alien if, because of restric10 tions or limitations on visa processing, visa issuance, trav11 el, or other effects associated with the COVID–19 public 

12 health emergency— 

13 (1) the alien was unable to receive a visa inter14 view despite submitting an Online Immigrant Visa 

15 and Alien Registration Application (Form DS–260) 

16 to the Secretary of State; or 

17 (2) the alien was unable to seek admission or 

18 was denied admission to the United States despite 

19 being approved for a visa under section 203(c) of 

20 the Immigration and Nationality Act (8 U.S.C. 

21 1153(c)). 

22 (g) Not later than 90 days after the date of the enact23 ment of this section, the Secretary of State shall— 

24 (1) provide written notice consistent with sub25 section (h) to each alien described in subsection (f) 


pamtmann on DSKBC07HB2PROD with BILLS
66 

•S 3058 IS

1 (and such alien’s representative, if applicable) of 

2 their continuing eligibility to apply for a visa under 

3 section 203(c) of the Immigration and Nationality 

4 Act (8 U.S.C. 1153(c)); and 

5 (2) publish on the Department of State website, 

6 information and procedures implementing this sec7 tion. 

8 (h) The notice described in subsection (g)(1) shall in9 clude procedures for the alien to inform the Secretary of 

10 State of the alien’s intent to proceed with or abandon the 

11 application, and shall include an advisal that such applica12 tion shall be deemed abandoned if the alien fails to notify 

13 the Secretary of State of the alien’s intent to proceed with14 in one year after the date on which the notice was issued. 

15 (i) An alien described in subsection (f) shall remain 

16 eligible to receive a visa described in such subsection until 

17 the earliest of the date that— 

18 (1) the alien— 

19 (A) notifies the Secretary of State of the 

20 alien’s intent to abandon the application; or 

21 (B) fails to respond to the notice described 

22 in subsection (g)(1); or 

23 (2) the Secretary of State makes a final deter24 mination of the alien’s ineligibility for such visa 

25 under section 203(c)(2), 204(a)(1)(I)(iii), or 212(a) 


pamtmann on DSKBC07HB2PROD with BILLS
67 

•S 3058 IS

1 of the Immigration and Nationality Act (8 U.S.C. 

2 1153(c)(2), 1154(a)(1)(I)(iii), or 1182(a)). 

3 (j) A determination of whether an alien is the child 

4 of a visa recipient described in subsection (f), pursuant 

5 to section 203(d) of the Immigration and Nationality Act 

6 (8 U.S.C. 1153(d)) shall be made using the age of the 

7 child when the applicant was initially selected for a visa 

8 in accordance with section 203(e)(2) of such Act. 

9 SEC. 415. (a) Notwithstanding section 

10 204(a)(1)(I)(ii)(II) of the Immigration and Nationality 

11 Act (8 U.S.C. 1154(a)(1)(I)(ii)(II)), and subject to sub12 section (d) of this section, an immigrant visa for those 

13 selected in accordance with section 203(e)(2) of the Immi14 gration and Nationality Act (8 U.S.C. 1153(e)(2)) in any 

15 of fiscal years 2017, 2018, 2019, 2020, or 2021 shall re16 main available to such alien if the alien was refused a visa, 

17 prevented from seeking admission, or denied admission to 

18 the United States solely because of— 

19 (1) Executive Order 13769 (82 Fed. Reg. 8977; 

20 relating to ‘‘Protecting the Nation from Foreign 

21 Terrorist Entry into the United States’’); 

22 (2) Executive Order 13780 (82 Fed. Reg. 

23 13209; relating ‘‘Protecting the Nation from For24 eign Terrorist Entry into the United States’’); 


pamtmann on DSKBC07HB2PROD with BILLS
68 

•S 3058 IS

1 (3) Proclamation 9645 (82 Fed. Reg. 45161; 

2 relating to ‘‘Enhancing Vetting Capabilities and 

3 Processes for Detecting Attempted Entry into the 

4 United States by Terrorists or Other Public-Safety 

5 Threats’’); or 

6 (4) Proclamation 9983 (85 Fed. Reg. 6699; re7 lating to ‘‘Improving Enhanced Vetting Capabilities 

8 and Processes for Detecting Attempted Entry into 

9 the United States by Terrorists or Other Public10 Safety Threats’’). 

11 (b) Not later than 90 days after the date of the enact12 ment of this section, the Secretary of State shall— 

13 (1) provide written notice, consistent with sub14 section (c), to each alien described in subsection (a) 

15 (and such alien’s representative, if applicable) of the 

16 alien’s continuing eligibility to apply for a visa under 

17 section 203(c) of the Immigration and Nationality 

18 Act (8 U.S.C. 1153(c)); and 

19 (2) publish on the Department of State website, 

20 information and procedures implementing this sec21 tion. 

22 (c) The notice described in subsection (b)(1) shall in23 clude procedures for the alien to inform the Secretary of 

24 State of the alien’s intent to proceed with or abandon the 

25 application, and shall include an advisal that such 


pamtmann on DSKBC07HB2PROD with BILLS
69 

•S 3058 IS

1 appliction shall be deemed abandoned if the alien fails to 

2 notify the Secretary of State of the alien’s intent to pro3 ceed within one year after the date on which the notice 

4 was issued. 

5 (d) An alien described in subsection (a) shall remain 

6 eligible to receive a visa described in such subsection until 

7 the earliest of the date that— 

8 (1) the alien— 

9 (A) notifies the Secretary of State of the 

10 alien’s intent to abandon the application; or 

11 (B) fails to respond to the notice described 

12 in subsection (b)(1); or 

13 (2) the Secretary of State makes a final deter14 mination of the alien’s ineligibility for such visa 

15 under section 203(c)(2), 204(a)(1)(I)(iii), or 212(a) 

16 of the Immigration and Nationality Act (8 U.S.C. 

17 1153(c)(2), 1154(a)(1)(I)(iii), or 1182(a)). 

18 (e) A determination of whether an alien is the child 

19 of a visa recipient described in subsection (a), pursuant 

20 to section 203(d) of the Immigration and Nationality Act 

21 (8 U.S.C. 153(d)) shall be made using the age of the child 

22 when applicant was initially selected for a visa in accord23 ance with section 203(e)(2) of such Act. 


pamtmann on DSKBC07HB2PROD with BILLS
70 

•S 3058 IS

1 TITLE V 

2 GENERAL PROVISIONS 

3 (INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS)

4 SEC. 501. No part of any appropriation contained in 

5 this Act shall remain available for obligation beyond the 

6 current fiscal year unless expressly so provided herein. 

7 SEC. 502. Subject to the requirements of section 503 

8 of this Act, the unexpended balances of prior appropria9 tions provided for activities in this Act may be transferred 

10 to appropriation accounts for such activities established 

11 pursuant to this Act, may be merged with funds in the 

12 applicable established accounts, and thereafter may be ac13 counted for as one fund for the same time period as origi14 nally enacted. 

15 SEC. 503. (a) None of the funds provided by this Act, 

16 provided by previous appropriations Acts to the compo17 nents in or transferred to the Department of Homeland 

18 Security that remain available for obligation or expendi19 ture in fiscal year 2022, or provided from any accounts 

20 in the Treasury of the United States derived by the collec21 tion of fees available to the components funded by this 

22 Act, shall be available for obligation or expenditure 

23 through a reprogramming of funds that— 

24 (1) creates or eliminates a program, project, or 

25 activity, or increases funds for any program, project, 


pamtmann on DSKBC07HB2PROD with BILLS
71 

•S 3058 IS

1 or activity for which funds have been denied or re2 stricted by the Congress; 

3 (2) contracts out any function or activity pres4 ently performed by Federal employees or any new 

5 function or activity proposed to be performed by 

6 Federal employees in the President’s budget pro7 posal for fiscal year 2022 for the Department of 

8 Homeland Security; 

9 (3) augments funding for existing programs, 

10 projects, or activities in excess of $5,000,000 or 10 

11 percent, whichever is less; 

12 (4) reduces funding for any program, project, 

13 or activity, or numbers of personnel, by 10 percent 

14 or more; or 

15 (5) results from any general savings from a re16 duction in personnel that would result in a change 

17 in funding levels for programs, projects, or activities 

18 as approved by the Congress. 

19 (b) Subsection (a) shall not apply if the Committees 

20 on Appropriations of the Senate and the House of Rep21 resentatives are notified at least 15 days in advance of 

22 such reprogramming. 

23 (c) Up to 5 percent of any appropriation made avail24 able for the current fiscal year for the Department of 

25 Homeland Security by this Act or provided by previous 


pamtmann on DSKBC07HB2PROD with BILLS
72 

•S 3058 IS

1 appropriations Acts may be transferred between such ap2 propriations if the Committees on Appropriations of the 

3 Senate and the House of Representatives are notified at 

4 least 30 days in advance of such transfer, but no such 

5 appropriation, except as otherwise specifically provided, 

6 shall be increased by more than 10 percent by such trans7 fer. 

8 (d) Notwithstanding subsections (a), (b), and (c), no 

9 funds shall be reprogrammed within or transferred be10 tween appropriations based upon an initial notification 

11 provided after June 30, except in extraordinary cir12 cumstances that imminently threaten the safety of human 

13 life or the protection of property. 

14 (e) The notification thresholds and procedures set 

15 forth in subsections (a), (b), (c), and (d) shall apply to 

16 any use of deobligated balances of funds provided in pre17 vious Department of Homeland Security Appropriations 

18 Acts that remain available for obligation in the current 

19 year. 

20 (f) Notwithstanding subsection (c), the Secretary of 

21 Homeland Security may transfer to the fund established 

22 by 8 U.S.C. 1101 note, up to $20,000,000 from appro23 priations available to the Department of Homeland Secu24 rity: Provided, That the Secretary shall notify the Com25 mittees on Appropriations of the Senate and the House 


pamtmann on DSKBC07HB2PROD with BILLS
73 

•S 3058 IS

1 of Representatives at least 5 days in advance of such 

2 transfer. 

3 SEC. 504. Section 504 of the Department of Home4 land Security Appropriations Act, 2017 (division F of 

5 Public Law 115–31), related to the operations of a work6 ing capital fund, shall apply with respect to funds made 

7 available in this Act in the same manner as such section 

8 applied to funds made available in that Act: Provided, 

9 That funds from such working capital fund may be obli10 gated and expended in anticipation of reimbursements 

11 from components of the Department of Homeland Secu12 rity. 

13 SEC. 505. Except as otherwise specifically provided 

14 by law, not to exceed 50 percent of unobligated balances 

15 remaining available at the end of fiscal year 2022, as re16 corded in the financial records at the time of a reprogram17 ming notification, but not later than June 30, 2023, from 

18 appropriations for ‘‘Operations and Support’’ for fiscal 

19 year 2022 in this Act shall remain available through Sep20 tember 30, 2023, in the account and for the purposes for 

21 which the appropriations were provided: Provided, That 

22 prior to the obligation of such funds, a notification shall 

23 be submitted to the Committees on Appropriations of the 

24 Senate and the House of Representatives in accordance 

25 with section 503 of this Act. 


pamtmann on DSKBC07HB2PROD with BILLS
74 

•S 3058 IS

1 SEC. 506. (a) Funds made available by this Act for 

2 intelligence activities are deemed to be specifically author3 ized by the Congress for purposes of section 504 of the 

4 National Security Act of 1947 (50 U.S.C. 414) during fis5 cal year 2022 until the enactment of an Act authorizing 

6 intelligence activities for fiscal year 2022. 

7 (b) Amounts described in subsection (a) made avail8 able for ‘‘Intelligence, Analysis, and Operations Coordina9 tion—Operations and Support’’ that exceed the amounts 

10 in such authorization for such account shall be transferred 

11 to and merged with amounts made available under the 

12 heading ‘‘Management Directorate—Operations and Sup13 port’’. 

14 SEC. 507. (a) The Secretary of Homeland Security, 

15 or the designee of the Secretary, shall notify the Commit16 tees on Appropriations of the Senate and the House of 

17 Representatives at least 3 full business days in advance 

18 of— 

19 (1) making or awarding a grant allocation or 

20 grant in excess of $1,000,000; 

21 (2) making or awarding a contract, other trans22 action agreement, or task or delivery order on a De23 partment of Homeland Security multiple award con24 tract, or to issue a letter of intent totaling in excess 

25 of $4,000,000; 


pamtmann on DSKBC07HB2PROD with BILLS
75 

•S 3058 IS

1 (3) awarding a task or delivery order requiring 

2 an obligation of funds in an amount greater than 

3 $10,000,000 from multi-year Department of Home4 land Security funds; 

5 (4) making a sole-source grant award; or 

6 (5) announcing publicly the intention to make 

7 or award items under paragraph (1), (2), (3), or (4), 

8 including a contract covered by the Federal Acquisi9 tion Regulation. 

10 (b) If the Secretary of Homeland Security determines 

11 that compliance with this section would pose a substantial 

12 risk to human life, health, or safety, an award may be 

13 made without notification, and the Secretary shall notify 

14 the Committees on Appropriations of the Senate and the 

15 House of Representatives not later than 5 full business 

16 days after such an award is made or letter issued. 

17 (c) A notification under this section— 

18 (1) may not involve funds that are not available 

19 for obligation; and 

20 (2) shall include the amount of the award; the 

21 fiscal year for which the funds for the award were 

22 appropriated; the type of contract; and the account 

23 from which the funds are being drawn. 

24 SEC. 508. Notwithstanding any other provision of 

25 law, no agency shall purchase, construct, or lease any adVerDate Sep 11 2014 23:21 Oct 25, 2021 Jkt 029200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\S3058.IS S3058

pamtmann on DSKBC07HB2PROD with BILLS
76 

•S 3058 IS

1 ditional facilities, except within or contiguous to existing 

2 locations, to be used for the purpose of conducting Federal 

3 law enforcement training without advance notification to 

4 the Committees on Appropriations of the Senate and the 

5 House of Representatives, except that the Federal Law 

6 Enforcement Training Centers is authorized to obtain the 

7 temporary use of additional facilities by lease, contract, 

8 or other agreement for training that cannot be accommo9 dated in existing Centers’ facilities. 

10 SEC. 509. None of the funds appropriated or other11 wise made available by this Act may be used for expenses 

12 for any construction, repair, alteration, or acquisition 

13 project for which a prospectus otherwise required under 

14 chapter 33 of title 40, United States Code, has not been 

15 approved, except that necessary funds may be expended 

16 for each project for required expenses for the development 

17 of a proposed prospectus. 

18 SEC. 510. Sections 520, 522, and 530 of the Depart19 ment of Homeland Security Appropriations Act, 2008 (di20 vision E of Public Law 110–161; 121 Stat. 2073 and 

21 2074) shall apply with respect to funds made available in 

22 this Act in the same manner as such sections applied to 

23 funds made available in that Act. 

24 SEC. 511. None of the funds made available in this 

25 Act may be used in contravention of the applicable proviVerDate Sep 11 2014 23:21 Oct 25, 2021 Jkt 029200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 E:\BILLS\S3058.IS S3058

pamtmann on DSKBC07HB2PROD with BILLS
77 

•S 3058 IS

1 sions of the Buy American Act: Provided, That for pur2 poses of the preceding sentence, the term ‘‘Buy American 

3 Act’’ means chapter 83 of title 41, United States Code. 

4 SEC. 512. None of the funds made available in this 

5 Act may be used to amend the oath of allegiance required 

6 by section 337 of the Immigration and Nationality Act 

7 (8 U.S.C. 1448). 

8 SEC. 513. None of the funds provided or otherwise 

9 made available in this Act shall be available to carry out 

10 section 872 of the Homeland Security Act of 2002 (6 

11 U.S.C. 452) unless explicitly authorized by the Congress. 

12 SEC. 514. None of the funds made available in this 

13 Act may be used for planning, testing, piloting, or devel14 oping a national identification card. 

15 SEC. 515. Any official that is required by this Act 

16 to report or to certify to the Committees on Appropria17 tions of the Senate and the House of Representatives may 

18 not delegate such authority to perform that act unless spe19 cifically authorized herein. 

20 SEC. 516. None of the funds made available in this 

21 Act may be used for first-class travel by the employees 

22 of agencies funded by this Act in contravention of sections 

23 301–10.122 through 301–10.124 of title 41, Code of Fed24 eral Regulations. 


pamtmann on DSKBC07HB2PROD with BILLS
78 

•S 3058 IS

1 SEC. 517. None of the funds made available in this 

2 Act may be used to employ workers described in section 

3 274A(h)(3) of the Immigration and Nationality Act (8 

4 U.S.C. 1324a(h)(3)). 

5 SEC. 518. Notwithstanding any other provision of 

6 this Act, none of the funds appropriated or otherwise 

7 made available by this Act may be used to pay award or 

8 incentive fees for contractor performance that has been 

9 judged to be below satisfactory performance or perform10 ance that does not meet the basic requirements of a con11 tract. 

12 SEC. 519. None of the funds appropriated or other13 wise made available by this Act may be used by the De14 partment of Homeland Security to enter into any Federal 

15 contract unless such contract is entered into in accordance 

16 with the requirements of subtitle I of title 41, United 

17 States Code, or chapter 137 of title 10, United States 

18 Code, and the Federal Acquisition Regulation, unless such 

19 contract is otherwise authorized by statute to be entered 

20 into without regard to the above referenced statutes. 

21 SEC. 520. (a) None of the funds made available in 

22 this Act may be used to maintain or establish a computer 

23 network unless such network blocks the viewing, 

24 downloading, and exchanging of pornography. 


pamtmann on DSKBC07HB2PROD with BILLS
79 

•S 3058 IS

1 (b) Nothing in subsection (a) shall limit the use of 

2 funds necessary for any Federal, State, tribal, or local law 

3 enforcement agency or any other entity carrying out crimi4 nal investigations, prosecution, or adjudication activities. 

5 SEC. 521. None of the funds made available in this 

6 Act may be used by a Federal law enforcement officer to 

7 facilitate the transfer of an operable firearm to an indi8 vidual if the Federal law enforcement officer knows or sus9 pects that the individual is an agent of a drug cartel unless 

10 law enforcement personnel of the United States continu11 ously monitor or control the firearm at all times. 

12 SEC. 522. None of the funds made available in this 

13 Act may be used to pay for the travel to or attendance 

14 of more than 50 employees of a single component of the 

15 Department of Homeland Security, who are stationed in 

16 the United States, at a single international conference un17 less the Secretary of Homeland Security, or a designee, 

18 determines that such attendance is in the national interest 

19 and notifies the Committees on Appropriations of the Sen20 ate and the House of Representatives within at least 10 

21 days of that determination and the basis for that deter22 mination: Provided, That for purposes of this section the 

23 term ‘‘international conference’’ shall mean a conference 

24 occurring outside of the United States attended by rep25 resentatives of the United States Government and of forVerDate Sep 11 2014 23:21 Oct 25, 2021 Jkt 029200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 E:\BILLS\S3058.IS S3058

pamtmann on DSKBC07HB2PROD with BILLS
80 

•S 3058 IS

1 eign governments, international organizations, or non2 governmental organizations: Provided further, That the 

3 total cost to the Department of Homeland Security of any 

4 such conference shall not exceed $500,000: Provided fur5 ther, That employees who attend a conference virtually 

6 without travel away from their permanent duty station 

7 within the United States shall not be counted for purposes 

8 of this section, and the prohibition contained in this sec9 tion shall not apply to payments for the costs of attend10 ance for such employees. 

11 SEC. 523. None of the funds made available in this 

12 Act may be used to reimburse any Federal department 

13 or agency for its participation in a National Special Secu14 rity Event. 

15 SEC. 524. None of the funds made available to the 

16 Department of Homeland Security by this or any other 

17 Act may be obligated for any structural pay reform that 

18 affects more than 100 full-time positions or costs more 

19 than $5,000,000 in a single year unless it has been explic20 itly justified to the Congress in budget justification mate21 rials and subsequently enacted by Congress, or if not so 

22 justified and enacted, before the end of the 30-day period 

23 beginning on the date on which the Secretary of Homeland 

24 Security submits to Congress a notification that in25 cludes— 


pamtmann on DSKBC07HB2PROD with BILLS
81 

•S 3058 IS

1 (1) the number of full-time positions affected by 

2 such change; 

3 (2) funding required for such change for the 

4 current year and through the Future Years Home5 land Security Program; 

6 (3) justification for such change; and 

7 (4) an analysis of compensation alternatives to 

8 such change that were considered by the Depart9 ment. 

10 SEC. 525. (a) Any agency receiving funds made avail11 able in this Act shall, subject to subsections (b) and (c), 

12 post on the public website of that agency any report re13 quired to be submitted by the Committees on Appropria14 tions of the Senate and the House of Representatives in 

15 this Act, upon the determination by the head of the agency 

16 that it shall serve the national interest. 

17 (b) Subsection (a) shall not apply to a report if— 

18 (1) the public posting of the report com19 promises homeland or national security; or 

20 (2) the report contains proprietary information. 

21 (c) The head of the agency posting such report shall 

22 do so only after such report has been made available to 

23 the Committees on Appropriations of the Senate and the 

24 House of Representatives for not less than 45 days except 

25 as otherwise specified in law. 


pamtmann on DSKBC07HB2PROD with BILLS
82 

•S 3058 IS

1 SEC. 526. (a) Funding provided in this Act for ‘‘Op2 erations and Support’’ may be used for minor procure3 ment, construction, and improvements. 

4 (b) For purposes of subsection (a), ‘‘minor’’ refers 

5 to end items with a unit cost of $250,000 or less for per6 sonal property, and $2,000,000 or less for real property. 

7 SEC. 527. None of the funds made available by this 

8 Act may be obligated or expended to implement the Arms 

9 Trade Treaty until the Senate approves a resolution of 

10 ratification for the Treaty. 

11 SEC. 528. The authority provided by section 532 of 

12 the Department of Homeland Security Appropriations 

13 Act, 2018 (Public Law 115–141) regarding primary and 

14 secondary schooling of dependents shall continue in effect 

15 during fiscal year 2022. 

16 SEC. 529. (a) For an additional amount for ‘‘Federal 

17 Emergency Management Agency—Federal Assistance’’, 

18 $3,000,000, to remain available until September 30, 2023, 

19 exclusively for providing reimbursement of extraordinary 

20 law enforcement or other emergency personnel costs for 

21 protection activities directly and demonstrably associated 

22 with any residence of the President that is designated or 

23 identified to be secured by the United States Secret Serv24 ice. 


pamtmann on DSKBC07HB2PROD with BILLS
83 

•S 3058 IS

1 (b) Subsections (b) through (f) of section 534 of the 

2 Department of Homeland Security Appropriations Act, 

3 2018 (Public Law 115–141), shall be applied with respect 

4 to amounts made available by subsection (a) of this section 

5 by substituting ‘‘October 1, 2022’’ for ‘‘October 1, 2018’’ 

6 and ‘‘October 1, 2021’’ for ‘‘October 1, 2017’’. 

7 SEC. 530. (a) Section 831 of the Homeland Security 

8 Act of 2002 (6 U.S.C. 391) shall be applied— 

9 (1) in subsection (a), by substituting ‘‘Sep10 tember 30, 2022,’’ for ‘‘September 30, 2017,’’; and 

11 (2) in subsection (c)(1), by substituting ‘‘Sep12 tember 30, 2022,’’ for ‘‘September 30, 2017’’. 

13 (b) The Secretary of Homeland Security, under the 

14 authority of section 831 of the Homeland Security Act of 

15 2002 (6 U.S.C. 391(a)), may carry out prototype projects 

16 under section 2371b of title 10, United States Code, and 

17 the Secretary shall perform the functions of the Secretary 

18 of Defense as prescribed. 

19 (c) The Secretary of Homeland Security under sec20 tion 831 of the Homeland Security Act of 2002 (6 U.S.C. 

21 391(d)) may use the definition of nontraditional govern22 ment contractor as defined in section 2371b(e) of title 10, 

23 United States Code. 

24 SEC. 531. (a) None of the funds appropriated or oth25 erwise made available to the Department of Homeland SeVerDate Sep 11 2014 23:21 Oct 25, 2021 Jkt 029200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\S3058.IS S3058

pamtmann on DSKBC07HB2PROD with BILLS
84 

•S 3058 IS

1 curity by this Act may be used to prevent any of the fol2 lowing persons from entering, for the purpose of con3 ducting oversight, any facility operated by or for the De4 partment of Homeland Security used to detain or other5 wise house aliens, or to make any temporary modification 

6 at any such facility that in any way alters what is observed 

7 by a visiting Member of Congress or such designated em8 ployee, compared to what would be observed in the absence 

9 of such modification: 

10 (1) A Member of Congress. 

11 (2) An employee of the United States House of 

12 Representatives or the United States Senate des13 ignated by such a Member for the purposes of this 

14 section. 

15 (b) Nothing in this section may be construed to re16 quire a Member of Congress to provide prior notice of the 

17 intent to enter a facility described in subsection (a) for 

18 the purpose of conducting oversight. 

19 (c) With respect to individuals described in subsection 

20 (a)(2), the Department of Homeland Security may require 

21 that a request be made at least 24 hours in advance of 

22 an intent to enter a facility described in subsection (a). 

23 SEC. 532. (a) Except as provided in subsection (b), 

24 none of the funds made available in this Act may be used 

25 to place restraints on a woman in the custody of the DeVerDate Sep 11 2014 23:21 Oct 25, 2021 Jkt 029200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\S3058.IS S3058

pamtmann on DSKBC07HB2PROD with BILLS
85 

•S 3058 IS

1 partment of Homeland Security (including during trans2 port, in a detention facility, or at an outside medical facil3 ity) who is pregnant or in post-delivery recuperation. 

4 (b) Subsection (a) shall not apply with respect to a 

5 pregnant woman if— 

6 (1) an appropriate official of the Department of 

7 Homeland Security makes an individualized deter8 mination that the woman— 

9 (A) is a serious flight risk, and such risk 

10 cannot be prevented by other means; or 

11 (B) poses an immediate and serious threat 

12 to harm herself or others that cannot be pre13 vented by other means; or 

14 (2) a medical professional responsible for the 

15 care of the pregnant woman determines that the use 

16 of therapeutic restraints is appropriate for the med17 ical safety of the woman. 

18 (c) If a pregnant woman is restrained pursuant to 

19 subsection (b), only the safest and least restrictive re20 straints, as determined by the appropriate medical profes21 sional treating the woman, may be used. In no case may 

22 restraints be used on a woman who is in active labor or 

23 delivery, and in no case may a pregnant woman be re24 strained in a face-down position with four-point restraints, 

25 on her back, or in a restraint belt that constricts the area 


pamtmann on DSKBC07HB2PROD with BILLS
86 

•S 3058 IS

1 of the pregnancy. A pregnant woman who is immobilized 

2 by restraints shall be positioned, to the maximum extent 

3 feasible, on her left side. 

4 SEC. 533. (a) None of the funds made available by 

5 this Act may be used to destroy any document, recording, 

6 or other record pertaining to any— 

7 (1) death of, 

8 (2) potential sexual assault or abuse per9 petrated against, or 

10 (3) allegation of abuse, criminal activity, or dis11 ruption committed by 

12 an individual held in the custody of the Department of 

13 Homeland Security. 

14 (b) The records referred to in subsection (a) shall be 

15 made available, in accordance with applicable laws and 

16 regulations, and Federal rules governing disclosure in liti17 gation, to an individual who has been charged with a 

18 crime, been placed into segregation, or otherwise punished 

19 as a result of an allegation described in paragraph (3), 

20 upon the request of such individual. 

21 SEC. 534. Within 60 days of any budget submission 

22 for the Department of Homeland Security for fiscal year 

23 2023 that assumes revenues or proposes a reduction from 

24 the previous year based on user fees proposals that have 

25 not been enacted into law prior to the submission of the 


pamtmann on DSKBC07HB2PROD with BILLS
87 

•S 3058 IS

1 budget, the Secretary of Homeland Security shall provide 

2 the Committees on Appropriations of the Senate and the 

3 House of Representatives specific reductions in proposed 

4 discretionary budget authority commensurate with the 

5 revenues assumed in such proposals in the event that they 

6 are not enacted prior to October 1, 2022. 

7 SEC. 535. Not later than 10 days after a determina8 tion is made by the President to evaluate and initiate pro9 tection under any authority for a former or retired Gov10 ernment official or employee, or for an individual who, 

11 during the duration of the directed protection, will become 

12 a former or retired Government official or employee (re13 ferred to in this section as a ‘‘covered individual’’), the 

14 Secretary of Homeland Security shall submit a notifica15 tion to congressional leadership and the Committees on 

16 Appropriations of the Senate and the House of Represent17 atives, the Committees on the Judiciary of the Senate and 

18 the House of Representatives, the Committee on Home19 land Security and Governmental Affairs of the Senate, the 

20 Committee on Homeland Security of the House of Rep21 resentatives, and the Committee on Oversight and Reform 

22 of the House of Representatives (referred to in this section 

23 as the ‘‘appropriate congressional committees’’): Provided, 

24 That the notification may be submitted in classified form, 

25 if necessary, and in consultation with the Director of NaVerDate Sep 11 2014 23:21 Oct 25, 2021 Jkt 029200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 E:\BILLS\S3058.IS S3058

pamtmann on DSKBC07HB2PROD with BILLS
88 

•S 3058 IS

1 tional Intelligence or the Director of the Federal Bureau 

2 of Investigation, as appropriate, and shall include the 

3 threat assessment, scope of the protection, and the antici4 pated cost and duration of such protection: Provided fur5 ther, That not later than 15 days before extending, or 30 

6 days before terminating, protection for a covered indi7 vidual, the Secretary of Homeland Security shall submit 

8 a notification regarding the extension or termination and 

9 any change to the threat assessment to the congressional 

10 leadership and the appropriate congressional committees: 

11 Provided further, That not later than 45 days after the 

12 date of enactment of this Act, and quarterly thereafter, 

13 the Secretary shall submit a report to the congressional 

14 leadership and the appropriate congressional committees, 

15 which may be submitted in classified form, if necessary, 

16 detailing each covered individual, and the scope and asso17 ciated cost of protection. 

18 SEC. 536. There is hereby established in the Treasury 

19 of the United States a fund to be known as the ‘‘Depart20 ment of Homeland Security Nonrecurring Expenses 

21 Fund’’ (the Fund): Provided, That unobligated balances 

22 of expired discretionary funds appropriated for this or any 

23 succeeding fiscal year from the General Fund of the 

24 Treasury to the Department of Homeland Security by this 

25 or any other Act may be transferred (not later than the 


pamtmann on DSKBC07HB2PROD with BILLS
89 

•S 3058 IS

1 end of the fifth fiscal year after the last fiscal year for 

2 which such funds are available for the purposes for which 

3 appropriated) into the Fund: Provided further, That 

4 amounts deposited in the Fund shall be available until ex5 pended, and in addition to such other funds as may be 

6 available for such purposes, for information technology 

7 system modernization and facilities infrastructure im8 provements necessary for the operation of the Depart9 ment, subject to approval by the Office of Management 

10 and Budget: Provided further, That amounts in the Fund 

11 may be obligated only after the Committees on Appropria12 tions of the House of Representatives and the Senate are 

13 notified at least 15 days in advance of the planned use 

14 of funds. 

15 SEC. 537. Subsection (c) of section 16005 of title VI 

16 of division B of the Coronavirus Aid, Relief, and Economic 

17 Security Act (Public Law 116–136) shall be applied as 

18 if the language read as follows: ‘‘Subsection (a) shall apply 

19 until September 30, 2022.’’. 

20 SEC. 538. There is hereby appropriated $25,000,000, 

21 for an additional amount for ‘‘Department of State—Ad22 ministration of Foreign Affairs—Diplomatic Programs’’ 

23 to remain available until September 30, 2022 and in addi24 tion to amounts otherwise made available for such purVerDate Sep 11 2014 23:21 Oct 25, 2021 Jkt 029200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 E:\BILLS\S3058.IS S3058

pamtmann on DSKBC07HB2PROD with BILLS
90 

•S 3058 IS

1 poses, for the Global Engagement Center to counter for2 eign propaganda and disinformation. 

3 RESCISSION OF FUNDS

4 SEC. 539. Of the funds appropriated to the Depart5 ment of Homeland Security, the following funds are here6 by rescinded from the following accounts and programs 

7 in the specified amounts: Provided, That no amounts may 

8 be rescinded from amounts that were designated by the 

9 Congress as an emergency requirement pursuant to the 

10 concurrent resolution on the budget or the Balanced 

11 Budget and Emergency Deficit Control Act of 1985 (Pub12 lic Law 99–177): 

13 (1) $21,650 from the unobligated balances 

14 available in the ‘‘Office of the Executive Secretary— 

15 Operations and Support’’ account (70 × 0100). 

16 (2) $1,810 from the unobligated balances avail17 able in the ‘‘Office of the Undersecretary for Man18 agement’’ account (70 × 0112). 

19 (3) $12,628,523 from the unobligated balances 

20 available in the ‘‘Management Directorate—Office of 

21 the Chief Information Officer and Operations’’ ac22 count (70 × 0113). 

23 (4) $8,456 from the unobligated balances avail24 able in Treasury Account Fund Symbol 70 × 0504, 


pamtmann on DSKBC07HB2PROD with BILLS
91 

•S 3058 IS

1 ‘‘Immigration and Customs Enforcement, Border 

2 and Transportation Security, INS’’. 

3 (5) $503 from the unobligated balances avail4 able in Treasury Account Fund Symbol 70 × 8598, 

5 ‘‘U.S. Immigration and Customs Enforcement, Vio6 lent Crime Reduction Program’’. 

7 (6) $7,006 from the unobligated balances avail8 able in Treasury Account Fund Symbol 70 × 0508, 

9 ‘‘Transportation Security Administration, Ex10 penses’’. 

11 (7) $11,412 from the unobligated balances 

12 available in the ‘‘Transportation Security Adminis13 tration—Federal Air Marshals’’ account (70 × 

14 0541). 

15 (8) $311 from the unobligated balances avail16 able in the ‘‘Transportation Security Administra17 tion—Surface Transportation Security’’ account (70 

18 × 0551). 

19 (9) $5,308,328 from the unobligated balances 

20 available in the ‘‘Transportation Security Adminis21 tration—Intelligence and Vetting’’ account (70 × 

22 0557). 

23 (10) $1.41 from the unobligated balances avail24 able in the ‘‘Transportation Security AdministraVerDate Sep 11 2014 23:21 Oct 25, 2021 Jkt 029200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\S3058.IS S3058

pamtmann on DSKBC07HB2PROD with BILLS
92 

•S 3058 IS

1 tion—Research and Development’’ account (70 × 

2 0553). 

3 (11) $322,105 from the unobligated balances 

4 available in the ‘‘Transportation Security Adminis5 tration—Transportation Security Support’’ account 

6 (70 × 0554). 

7 (12) $457,920 from the unobligated balances 

8 available in Treasury Account Fund Symbol 70 × 

9 0900, ‘‘Cybersecurity and Infrastructure Security 

10 Agency, Operating Expenses’’. 

11 (13) $199,690 from the unobligated balances 

12 available in the ‘‘Federal Emergency Management 

13 Agency—State and Local Programs’’ account (70 × 

14 0560). 

15 (14) $1,670 from the unobligated balances 

16 available in the ‘‘Federal Emergency Management 

17 Agency—Administrative and Regional Operations, 

18 Emergency Preparedness and Response’’ account 

19 (70 × 0712). 

20 (15) $115,138 from the unobligated balances 

21 available in the ‘‘Federal Emergency Management 

22 Agency—Operations and Support’’ account (70 × 

23 0700). 

24 (16) $1,243,822 from the unobligated balances 

25 available in Treasury Account Fund Symbol 70 × 


pamtmann on DSKBC07HB2PROD with BILLS
93 

•S 3058 IS

1 0300, ‘‘U.S. Citizenship and Immigration Services, 

2 Operations and Support’’. 

3 (17) $350,656 from the unobligated balances 

4 available in the ‘‘Countering Weapons of Mass De5 struction Office—Research and Development’’ ac6 count (70 × 0860). 

7 (18) $3,000,000 from the unobligated balances 

8 available in the ‘‘Federal Emergency Management 

9 Agency—National Predisaster Mitigation Fund’’ ac10 count (70 × 0716). 

11 (19) $65,000,000 from Public Law 116–93 

12 under the heading ‘‘Coast Guard—Procurement, 

13 Construction, and Improvements’’. 

14 (20) $24,339,000 from the unobligated bal15 ances available in the ‘‘U.S. Customs and Border 

16 Protection—Border Security Fencing, Infrastruc17 ture, and Technology’’ account (70 × 0533). 

18 (21) $10,000,000 from Public Law 116–260 

19 under the heading ‘‘U.S. Customs and Border Pro20 tection—Procurement, Construction, and Improve21 ments’’. 

22 (22) $6,161,000 from the unobligated balances 

23 available in the ‘‘U.S. Customs and Border Protec24 tion—Procurement, Construction, and Improve25 ments’’ account (70 × 0532). 


pamtmann on DSKBC07HB2PROD with BILLS
94 

•S 3058 IS

1 (23) $4,500,000 from Public Law 115–141 

2 under the heading ‘‘U.S. Customs and Border Pro3 tection—Construction and Facility Improvements’’. 

4 (24) $6,999 from the unobligated balances 

5 available in the ‘‘U.S. Customs and Border Protec6 tion—Operations and Support’’ account (70 × 

7 0530). 

8 (25) $1,893,663,000 from the unobligated prior 

9 year balances from ‘‘U.S. Customs and Border Pro10 tection—Procurement, Construction, and Improve11 ments’’. 

12 This Act may be cited as the ‘‘Department of Home13 land Security Appropriations Act, 2022’’. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS