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

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

Summary: Department of Homeland Security Appropriations Act, 2022 This bill provides FY2022 appropriations for the Department of Homeland Security. The bill provides appropriations for Departmental Management, Operations, Intelligence, and Oversight, including the Office of the Secretary and Executive Management; the Management Directorate; Intelligence, Analysis, and Operations Coordination; and the Office of the Inspector General. The bill provides appropriations for Security, Enforcement, and Investigations, including U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, the Transportation Security Administration, the U.S. Coast Guard, and the U.S. Secret Service. The bill provides appropriations for Protection, Preparedness, Response, and Recovery, including the Cybersecurity and Infrastructure Security Agency, and the Federal Emergency Management Agency (FEMA). The bill provides appropriations for Research, Development, Training, and Services, including U.S. Citizenship and Immigration Services, the Federal Law Enforcement Training Centers, the Science and Technology Directorate, and the Countering Weapons of Mass Destruction Office. The bill also sets forth requirements and restrictions for using funds provided by this and other appropriations acts.