FEDERAL EMERGENCY MANAGEMENT AGENCY 
OPERATIONS AND SUPPORT 
For necessary expenses of the Federal Emergency 
Management 
Agency 
for 
operations 
and 
support, 
$1,262,966,000: Provided, That not to exceed $2,250 
shall be for official reception and representation expenses. 
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 
For necessary expenses of the Federal Emergency 
Management Agency for procurement, construction, and 
improvements, $188,212,000, of which $77,002,000 shall 
remain available until September 30, 2024, and of which 
$111,210,000 shall remain available until September 30, 
2026: Provided, That the Administrator of the Federal 
Emergency Management Agency may use up to 
$10,400,000 of the amounts made available under this 
heading to acquire real property adjacent to the Center 
for Domestic Preparedness Lodging and Warehouse com-
plex in Anniston, Alabama for the purpose of establishing 
a multi-use training facility. 
FEDERAL ASSISTANCE 
(INCLUDING TRANSFER OF FUNDS) 
For activities of the Federal Emergency Management 
Agency for Federal assistance through grants, contracts, 
cooperative 
agreements, 
and 
other 
activities, 
$3,525,017,000, which shall be allocated as follows: 
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(1) $610,000,000 for the State Homeland Secu-
rity Grant Program under section 2004 of the 
Homeland Security Act of 2002 (6 U.S.C. 605), of 
which 
$90,000,000 
shall 
be 
for 
Operation 
Stonegarden, $15,000,000 shall be for Tribal Home-
land Security Grants under section 2005 of the 
Homeland Security Act of 2002 (6 U.S.C. 606), and 
$90,000,000 shall be for organizations (as described 
under section 501(c)(3) of the Internal Revenue 
Code of 1986 and exempt from tax under section 
501(a) of such code) determined by the Secretary of 
Homeland Security to be at high risk of a terrorist 
attack: Provided, That notwithstanding subsection 
(c)(4) of such section 2004, for the fiscal year fund-
ed by this Act, the Commonwealth of Puerto Rico 
shall make available to local and tribal governments 
amounts provided to the Commonwealth of Puerto 
Rico under this paragraph in accordance with sub-
section (c)(1) of such section 2004. 
(2) $705,000,000 for the Urban Area Security 
Initiative under section 2003 of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 604), of which 
$90,000,000 shall be for organizations (as described 
under section 501(c)(3) of the Internal Revenue 
Code of 1986 and exempt from tax under section 
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501(a) of such code) determined by the Secretary of 
Homeland Security to be at high risk of a terrorist 
attack. 
(3) $110,000,000 for Public Transportation Se-
curity Assistance, Railroad Security Assistance, and 
Over-the-Road Bus Security Assistance under sec-
tions 1406, 1513, and 1532 of the Implementing 
Recommendations of the 9/11 Commission Act of 
2007 (6 U.S.C. 1135, 1163, and 1182), of which 
$10,000,000 shall be for Amtrak security and 
$3,000,000 shall be for Over-the-Road Bus Security: 
Provided, That such public transportation security 
assistance shall be provided directly to public trans-
portation agencies. 
(4) $110,000,000 for Port Security Grants in 
accordance with section 70107 of title 46, United 
States Code. 
(5) $740,000,000, to remain available until 
September 30, 2023, of which $370,000,000 shall be 
for 
Assistance 
to 
Firefighter 
Grants 
and 
$370,000,000 shall be for Staffing for Adequate 
Fire and Emergency Response Grants under sec-
tions 33 and 34 respectively of the Federal Fire Pre-
vention and Control Act of 1974 (15 U.S.C. 2229 
and 2229a). 
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(6) $365,000,000 for emergency management 
performance grants under the National Flood Insur-
ance Act of 1968 (42 U.S.C. 4001 et seq.), the Rob-
ert T. Stafford Disaster Relief and Emergency As-
sistance Act (42 U.S.C. 5121), the Earthquake Haz-
ards Reduction Act of 1977 (42 U.S.C. 7701), sec-
tion 762 of title 6, United States Code, and Reorga-
nization Plan No. 3 of 1978 (5 U.S.C. App.). 
(7) $275,500,000 for necessary expenses for 
Flood Hazard Mapping and Risk Analysis, in addi-
tion to and to supplement any other sums appro-
priated under the National Flood Insurance Fund, 
and such additional sums as may be provided by 
States or other political subdivisions for cost-shared 
mapping activities under section 1360(f)(2) of the 
National Flood Insurance Act of 1968 (42 U.S.C. 
4101(f)(2)), to remain available until expended. 
(8) $12,000,000 for Regional Catastrophic Pre-
paredness Grants. 
(9) $12,000,000 for Rehabilitation of High 
Hazard Potential Dams under section 8A of the Na-
tional Dam Safety Program Act (33 U.S.C. 467f–2). 
(10) $140,000,000 for the emergency food and 
shelter program under title III of the McKinney- 
Vento Homeless Assistance Act (42 U.S.C. 11331), 
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to remain available until expended: Provided, That 
not to exceed 3.5 percent shall be for total adminis-
trative costs. 
(11) $151,916,686 for community project fund-
ing grants, which shall be for the purposes, and the 
amounts, specified in the table entitled ‘‘Community 
Project Funding’’ under this heading in the report 
accompanying this Act, of which— 
(A) $150,000 is for a nonprofit security 
grant under sections 2003 and 2004 of the 
Homeland Security Act of 2002 (6 U.S.C. 604 
and 605); 
(B) $21,435,403 is for emergency oper-
ations center grants under section 614 of the 
Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 6196c); 
(C) $127,867,283 is for pre-disaster miti-
gation grants under section 203 of the Robert 
T. Stafford Disaster Relief and Emergency As-
sistance Act (42 U.S.C. 5133(e), notwith-
standing subsections (f), (g), and (l) of that 
section (42 U.S.C. 5133(f), (g), (l)); and 
(D) $2,464,000 shall be transferred to 
‘‘Federal Emergency Management Agency—Op-
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erations and Support’’, to manage and admin-
ister community project funding grants. 
(12) $293,600,000 to sustain current oper-
ations for training, exercises, technical assistance, 
and other programs. 
DISASTER RELIEF FUND 
For necessary expenses in carrying out the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5121 et seq.), $18,799,000,000, to remain 
available until expended, shall be for major disasters de-
clared pursuant to the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) 
and is designated by the Congress as being for disaster 
relief pursuant to section 1(g) of H. Res. 467 of the 117th 
Congress as engrossed in the House of Representatives on 
June 14, 2021: Provided, That of the amount provided 
under this heading, up to $120,000,000 may be trans-
ferred to the Disaster Assistance Direct Loan Program 
Account for the cost of direct loans as authorized under 
section 417 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5184), including 
loan cancellations provided for in this title, of which up 
to $3,000,000 is for administrative expenses. 
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NATIONAL FLOOD INSURANCE FUND 
For activities under the National Flood Insurance 
Act of 1968 (42 U.S.C. 4001 et seq.), the Flood Disaster 
Protection Act of 1973 (42 U.S.C. 4001 et seq.), the 
Biggert-Waters Flood Insurance Reform Act of 2012 
(Public Law 112–141, 126 Stat. 916), and the Home-
owner Flood Insurance Affordability Act of 2014 (Public 
Law 113–89; 128 Stat. 1020), $214,706,000, to remain 
available until September 30, 2023, which shall be derived 
from offsetting amounts collected under section 1308(d) 
of the National Flood Insurance Act of 1968 (42 U.S.C. 
4015(d)); of which $15,706,000 shall be available for mis-
sion support associated with flood management; and of 
which $199,000,000 shall be available for flood plain man-
agement and flood mapping: Provided, That any addi-
tional fees collected pursuant to section 1308(d) of the 
National Flood Insurance Act of 1968 (42 U.S.C. 
4015(d)) shall be credited as offsetting collections to this 
account, to be available for flood plain management and 
flood mapping: Provided further, That in the fiscal year 
funded by this Act, no funds shall be available from the 
National Flood Insurance Fund under section 1310 of the 
National Flood Insurance Act of 1968 (42 U.S.C. 4017) 
in excess of— 
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(1) $197,393,000 for operating expenses and 
salaries and expenses associated with flood insurance 
operations; 
(2) $876,743,000 for commissions and taxes of 
agents; 
(3) such sums as are necessary for interest on 
Treasury borrowings; and 
(4) $175,000,000, which shall remain available 
until expended, for flood mitigation actions and for 
flood mitigation assistance under section 1366 of the 
National Flood Insurance Act of 1968 (42 U.S.C. 
4104c), 
notwithstanding 
sections 
1366(e) 
and 
1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017): 
Provided further, That the amounts collected under section 
102 of the Flood Disaster Protection Act of 1973 (42 
U.S.C. 4012a) and section 1366(e) of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4104c(e)), shall be de-
posited in the National Flood Insurance Fund to supple-
ment other amounts specified as available for section 1366 
of the National Flood Insurance Act of 1968, notwith-
standing section 102(f)(8), section 1366(e) of the National 
Flood Insurance Act of 1968, and paragraphs (1) through 
(3) of section 1367(b) of such Act (42 U.S.C. 4012a(f)(8), 
4104c(e), 4104d(b)(1)–(3)): Provided further, That total 
administrative costs shall not exceed 4 percent of the total 
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appropriation: Provided further, That up to $5,000,000 is 
available to carry out section 24 of the Homeowner Flood 
Insurance Affordability Act of 2014 (42 U.S.C. 4033). 
ADMINISTRATIVE PROVISIONS 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 301. (a) Funds made available under the head-
ing ‘‘Cybersecurity and Infrastructure Security Agency— 
Operations and Support’’ may be made available for the 
necessary expenses of carrying out the competition speci-
fied in section 2(e) of Executive Order No. 13870 (May 
2, 2019), including the provision of monetary and non- 
monetary awards for Federal civilian employees and mem-
bers of the uniformed services, the necessary expenses for 
the honorary recognition of any award recipients, and ac-
tivities to encourage participation in the competition, in-
cluding promotional items. 
(b) Any awards made pursuant to this section shall 
be of the same type and amount as those authorized under 
sections 4501 through 4505 of title 5, United States Code. 
SEC. 302. (a) The Under Secretary for Management 
shall submit, concurrent with the budget of the President 
that is submitted to Congress pursuant to section 1105(a) 
of title 31, United States Code, a report on the unfunded 
priorities for the Cybersecurity and Infrastructure Secu-
rity Agency. 
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(b) The report under this section shall specify, for 
each such unfunded priority— 
(1) a summary description, including the objec-
tives to be achieved if such priority is funded 
(whether in whole or in part); 
(2) the description, including the objectives to 
be achieved if such priority is funded (whether in 
whole or in part); 
(3) account information, including the following 
(as applicable): 
(A) appropriation account; and 
(B) program, project, or activity name; 
and 
(4) the additional number of full-time or part- 
time positions to be funded as part of such priority. 
(c) In this section, the term ‘‘unfunded priority’’, in 
the case of a fiscal year, means a requirement that— 
(1) is not funded in the budget referred to in 
subsection (a); 
(2) is necessary to fulfill a requirement associ-
ated 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— 
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(A) additional resources had been available 
for the budget to fund the requirement; 
(B) the requirement has emerged since the 
budget was formulated; or 
(C) the requirement is necessary to sustain 
prior-year investments. 
SEC. 303. The Cybersecurity and Infrastructure Se-
curity Agency shall provide to the Committees on Appro-
priations of the Senate and the House of Representatives 
monthly reports to be submitted not later than the tenth 
business day following the end of each month, on the sta-
tus of funds made available under the heading ‘‘Cyberse-
curity and Infrastructure Security Agency—Cyber Re-
sponse and Recovery Fund’’, including an accounting of 
the most recent funding allocation estimates, obligations, 
expenditures, and unobligated funds, delineated by signifi-
cant cyber incident as defined in Presidential Policy Direc-
tive 41. 
SEC. 304. (a) Notwithstanding any other provision 
of law, the Director of the Cybersecurity and Infrastruc-
ture Security Agency shall provide to the Committees on 
Appropriations of the Senate and the House of Represent-
atives a plan, including a classified annex as necessary, 
to be submitted not later than 120 days after the date 
of enactment of this Act and to be updated annually there-
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after and submitted concurrent with the budget of the 
President that is submitted to Congress pursuant to sec-
tion 1105(a) of title 31, United States Code, detailing doc-
umented, capability-specific federal civilian executive 
branch department and agency cybersecurity investment 
requirements delineated by each such department and 
agency. 
(b) The plan under this section shall specify for each 
such requirement— 
(1) a description, including— 
(A) the capabilities intended to be deliv-
ered; 
(B) the security gains such capabilities will 
yield; and 
(C) the nexus of such capabilities to cyber-
security; 
(2) funding status as of the date of the report 
including any unobligated balances from any prior 
year appropriation; 
(3) if such requirement is funded— 
(A) a deployment schedule, or lifecycle 
management plan, as appropriate; and 
(B) the funding source, by account; 
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(4) whether such requirement is proposed to be 
funded in the budget referred to in subsection (a) 
and if so, the funding source; and 
(5) the relative priority within each agency for 
any requirement for which funds are not currently 
available. 
(c) The plan required by this section shall not include 
investment requirements for any department or agency for 
which the Cybersecurity and Infrastructure Security 
Agency has not obligated nor has a plan to obligate fund-
ing to further such department’s or agency’s cybersecurity 
capabilities. 
SEC. 305. Notwithstanding section 2008(a)(12) of 
the Homeland Security Act of 2002 (6 U.S.C. 609(a)(12)) 
or any other provision of law, not more than 5 percent 
of the amount of a grant made available in paragraphs 
(1) through (4) under ‘‘Federal Emergency Management 
Agency—Federal Assistance’’, may be used by the grantee 
for expenses directly related to administration of the 
grant. 
SEC. 306. Applications for grants under the heading 
‘‘Federal Emergency Management Agency—Federal As-
sistance’’, for paragraphs (1) through (4), shall be made 
available to eligible applicants not later than 60 days after 
the date of enactment of this Act, eligible applicants shall 
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submit applications not later than 80 days after the grant 
announcement, and the Administrator of the Federal 
Emergency Management Agency shall act within 65 days 
after the receipt of an application. 
SEC. 307. Under the heading ‘‘Federal Emergency 
Management Agency—Federal Assistance’’, for grants 
under paragraphs (1) through (4), (8), and (9), the Ad-
ministrator of the Federal Emergency Management Agen-
cy shall brief the Committees on Appropriations of the 
Senate and the House of Representatives 5 full business 
days in advance of announcing publicly the intention of 
making an award. 
SEC. 308. Under the heading ‘‘Federal Emergency 
Management Agency—Federal Assistance’’, for grants 
under paragraphs (1) and (2), the installation of commu-
nications towers is not considered construction of a build-
ing or other physical facility. 
SEC. 309. The reporting requirements in paragraphs 
(1) and (2) under the heading ‘‘Federal Emergency Man-
agement Agency—Disaster Relief Fund’’ in the Depart-
ment of Homeland Security Appropriations Act, 2015 
(Public Law 114–4) shall be applied in the fiscal year 
funded by this Act with respect to the fiscal year after 
the fiscal year funded by this Act and the fiscal year fund-
ed by this Act, respectively — 
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(1) in paragraph (1) by substituting ‘‘the fiscal 
year after the fiscal year funded by this Act’’ for 
‘‘the budget year’’ and for ‘‘fiscal year 2016’’; and 
(2) in paragraph (2) by inserting ‘‘business’’ 
after ‘‘fifth’’. 
SEC. 310. In making grants under the heading ‘‘Fed-
eral Emergency Management Agency—Federal Assist-
ance’’, for Staffing for Adequate Fire and Emergency Re-
sponse grants, the Administrator of the Federal Emer-
gency Management Agency may grant waivers from the 
requirements 
in 
subsections 
(a)(1)(A), 
(a)(1)(B), 
(a)(1)(E), (c)(1), (c)(2), and (c)(4) of section 34 of the 
Federal Fire Prevention and Control Act of 1974 (15 
U.S.C. 2229a). 
SEC. 311. (a) Of the amount made available by sec-
tion 4005 of the American Rescue Plan Act of 2021 (Pub-
lic Law 117–2)— 
(1) up to $500,000,000, in addition to any 
amounts set aside pursuant to section 203(i) of the 
Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5133(i)), shall be avail-
able for the Building Resilient Infrastructure and 
Communities grant program to mitigate the effects 
of climate change; and 
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(2) $14,000,000 shall be transferred to the De-
partment of Homeland Security Office of Inspector 
General for oversight of the obligation of funds 
made available under such section 4005. 
(b) Of the unobligated balances in ‘‘Department of 
Homeland Security—Federal Emergency Management 
Agency—Disaster Relief Fund’’ that were not previously 
specified in statute as being available for major disasters 
declared pursuant to the Robert T. Stafford Disaster Re-
lief and Emergency Assistance Act (42 U.S.C. 5121 et 
seq.) and were previously designated as an emergency re-
quirement pursuant to the Balanced Budget and Emer-
gency Deficit Control Act of 1985 or a concurrent resolu-
tion on the budget, $500,000,000 shall be available only 
for costs associated with major disasters declared pursu-
ant to such Act. 
(c) Each amount repurposed pursuant to subsection 
(b) that was previously designated by the Congress as an 
emergency requirement pursuant to the Balanced Budget 
and Emergency Deficit Control Act of 1985 or a concur-
rent resolution on the budget is designated by the Con-
gress as an emergency requirement pursuant to section 
1(f) of H. Res. 467 as engrossed in the House of Rep-
resentatives on June 14, 2021. 
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SEC. 312. (a) The aggregate charges assessed during 
the fiscal year funded by this Act, as authorized in title 
III of the Departments of Veterans Affairs and Housing 
and Urban Development, and Independent Agencies Ap-
propriations Act, 1999 (42 U.S.C. 5196e), shall not be 
less than 100 percent of the amounts anticipated by the 
Department of Homeland Security to be necessary for its 
Radiological Emergency Preparedness Program for the 
fiscal year after the fiscal year funded by this Act. 
(b) The methodology for assessment and collection of 
such fees shall be fair and equitable and shall reflect costs 
of providing such services, including administrative costs 
of collecting such fees. 
(c) Such fees shall be deposited in a Radiological 
Emergency Preparedness Program account as offsetting 
collections and will become available for authorized pur-
poses on the first day of the fiscal year after the fiscal 
year funded by this Act, and remain available until ex-
pended. 
SEC. 313. In making grants under the heading ‘‘Fed-
eral Emergency Management Agency—Federal Assist-
ance’’, for Assistance to Firefighter Grants, the Adminis-
trator of the Federal Emergency Management Agency 
may waive subsection (k) of section 33 of the Federal Fire 
Prevention and Control Act of 1974 (15 U.S.C. 2229). 
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SEC. 314. (a) Notwithstanding sections 403(b), 
403(c)(4), 
404(a), 
406(b), 
407(d), 
408(g)(2), 
428(e)(2)(B), and 503(a) of the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act (42 U.S.C. 
5121 et seq.), for any emergency or major disaster de-
clared by the President under such Act with a declaration 
occurring or an incident period beginning between Janu-
ary 1, 2020, and December 31, 2020, the Federal share 
of assistance, including direct Federal assistance, provided 
under such sections shall be not less than 90 percent of 
the eligible cost of such assistance. 
(b) Each amount repurposed pursuant to this section 
that was previously designated by the Congress as an 
emergency requirement or as being for disaster relief pur-
suant to the Balanced Budget and Emergency Deficit 
Control Act of 1985 or a concurrent resolution on the 
budget is designated by the Congress as an emergency re-
quirement pursuant to section 1(f), or as being for dis-
aster relief pursuant to section 1(g), respectively, of H. 
Res. 467 as engrossed in the House of Representatives 
on June 14, 2021. 
(c) Subsection (a) shall apply with respect to fiscal 
year 2022 and each fiscal year thereafter. 
SEC. 315. Repayments of the remaining balances of 
all loans, as of June 30, 2021, by the Federal Emergency 
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Management Agency under section 417 the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5184) are hereby canceled. 
TITLE IV 
RESEARCH, DEVELOPMENT, TRAINING, AND 
SERVICES 
U.S. CITIZENSHIP AND IMMIGRATION SERVICES 
OPERATIONS AND SUPPORT 
For necessary expenses of U.S. Citizenship and Im-
migration Services for operations and support, including 
for the E-Verify Program, application processing, the re-
duction of backlogs within asylum, field, and service center 
offices, 
and 
support 
of 
the 
refugee 
program; 
$459,504,000, of which $87,619,000 shall remain avail-
able until September 30, 2023: Provided, That such 
amounts shall be in addition to any other amounts made 
available for such purposes, and shall not be construed to 
require any reduction of any fee described in section 
286(m) of the Immigration and Nationality Act (8 U.S.C. 
1356(m)): Provided further, That not to exceed $10,000 
shall be for official reception and representation expenses. 
FEDERAL ASSISTANCE 
For necessary expenses of U.S. Citizenship and Im-
migration Services for Federal assistance for the Citizen-
ship and Integration Grant Program, $15,000,000. 
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FEDERAL LAW ENFORCEMENT TRAINING CENTERS 
OPERATIONS AND SUPPORT 
For necessary expenses of the Federal Law Enforce-
ment Training Centers for operations and support, includ-
ing the purchase of not to exceed 117 vehicles for police- 
type use and hire of passenger motor vehicles, and services 
as authorized by section 3109 of title 5, United States 
Code, $322,436,000, of which $61,618,000 shall remain 
available until September 30, 2023: Provided, That not 
to exceed $7,180 shall be for official reception and rep-
resentation expenses. 
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 
For necessary expenses of the Federal Law Enforce-
ment Training Centers for procurement, construction, and 
improvements, $33,200,000, to remain available until Sep-
tember 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 Tech-
nology Directorate for operations and support, including 
the purchase or lease of not to exceed 5 vehicles, 
$310,590,000, of which $180,112,000 shall remain avail-
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able until September 30, 2023: Provided, That not to ex-
ceed $10,000 shall be for official reception and representa-
tion expenses. 
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 
For necessary expenses of the Science and Tech-
nology Directorate for procurement, construction, and im-
provements, $8,859,000, to remain available until Sep-
tember 30, 2026. 
RESEARCH AND DEVELOPMENT 
For necessary expenses of the Science and Tech-
nology Directorate for research and development, 
$510,954,000, to remain available until September 30, 
2024. 
COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE 
OPERATIONS AND SUPPORT 
For necessary expenses of the Countering Weapons 
of Mass Destruction Office for operations and support, 
$162,200,000, of which $35,606,000 shall remain avail-
able until September 30, 2023: Provided, That not to ex-
ceed $2,250 shall be for official reception and representa-
tion expenses. 
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 
For necessary expenses of the Countering Weapons 
of Mass Destruction Office for procurement, construction, 
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SEC. 402. None of the funds appropriated by this Act 
may be used to process or approve a competition under 
Office of Management and Budget Circular A–76 for serv-
ices provided by employees (including employees serving 
on a temporary or term basis) of U.S. Citizenship and Im-
migration Services of the Department of Homeland Secu-
rity who are known as Immigration Information Officers, 
Immigration Service Analysts, Contact Representatives, 
Investigative Assistants, or Immigration Services Officers. 
SEC. 403. The terms and conditions of section 403 
of the Department of Homeland Security Appropriations 
Act, 2020 (division D of Public Law 116–93) shall apply 
to this Act. 
SEC. 404. Notwithstanding the seventh proviso under 
the heading ‘‘Immigration and Naturalization Service— 
Salaries and Expenses’’ in Public Law 105–119 (relating 
to FD-258 fingerprint cards), or any other provision of 
law, any Federal funds made available to U.S. Citizenship 
and Immigration Services may be used for the collection 
and use of biometrics taken at a U.S. Citizenship and Im-
migration Services Application Support Center that is 
overseen virtually by U.S. Citizenship and Immigration 
Services personnel using appropriate technology. 
SEC. 405. The Director of the Federal Law Enforce-
ment Training Centers is authorized to distribute funds 
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to Federal law enforcement agencies for expenses incurred 
participating in training accreditation. 
SEC. 406. The Federal Law Enforcement Training 
Accreditation Board, including representatives from the 
Federal law enforcement community and non-Federal ac-
creditation experts involved in law enforcement training, 
shall lead the Federal law enforcement training accredita-
tion process to continue the implementation of measuring 
and assessing the quality and effectiveness of Federal law 
enforcement training programs, facilities, and instructors. 
SEC. 407. (a) The Director of the Federal Law En-
forcement Training Centers may accept transfers to its 
‘‘Procurement, Construction, and Improvements’’ account 
from Government agencies requesting the construction of 
special use facilities, as authorized by the Economy Act 
(31 U.S.C. 1535(b)). 
(b) Such transfers may include funds from the Immi-
gration Examinations Fee Account described in section 
286(m) of the Immigration and Nationality Act (8 U.S.C. 
1356(m)) that the Director of U.S. Citizenship and Immi-
gration Services determines are necessary to support U.S. 
Citizenship and Immigration Services training programs. 
(c) The Federal Law Enforcement Training Centers 
shall maintain administrative control and ownership upon 
completion of such facilities. 
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SEC. 408. The functions of the Federal Law Enforce-
ment Training Centers instructor staff shall be classified 
as inherently governmental for purposes of the Federal 
Activities Inventory Reform Act of 1998 (31 U.S.C. 501 
note). 
SEC. 409. (a) Notwithstanding any other provision 
of law, beginning in fiscal year 2022, the worldwide level 
of family-sponsored immigrants under subsection (c) of 
section 201 of the Immigration and Nationality Act (8 
U.S.C. 1151) and the worldwide level of employment- 
based immigrants under subsection (d) of such section 
shall each be increased by the number computed under 
subsection (b) of this section with respect to each of such 
worldwide levels. 
(b) For each of the worldwide levels described in sub-
section (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 Nation-
ality Act (8 U.S.C. 1151) for fiscal years 2020 and 2021 
and the number of visas that were issued and used as the 
basis for an application for admission into the United 
States as an immigrant described in the applicable sub-
section during such fiscal years. 
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(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 sub-
section (b) on a proportional basis consistent with sub-
sections (a) and (b) of section 203 of the Immigration and 
Nationality Act (8 U.S.C. 1153(a) and (b)), and in accord-
ance with subsection (e)(1) of such section (8 U.S.C. 
1153(e)(1)). 
(d) Each visa made available as a result of the com-
putation made under subsection (b) of this section shall 
remain available for use in fiscal year 2022 or any subse-
quent fiscal year, until the Secretary of State, in consulta-
tion 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 com-
puted under subsection (c)(3)(C) of section 201 of the Im-
migration and Nationality Act (8 U.S.C. 1151), and the 
number computed under subsection (d)(2)(C) of such sec-
tion, are deemed to equal zero. 
(f) Notwithstanding section 204(a)(1)(I)(ii)(II) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1154(a)(1)(I)(ii)(II)), and subject to subsection (i) of this 
section, an immigrant visa for those selected in accordance 
with section 203(e)(2) of the Immigration and Nationality 
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Act (8 U.S.C. 1153(e)(2)) in fiscal year 2020 or 2021 
shall remain available to such alien if, because of restric-
tions or limitations on visa processing, visa issuance, trav-
el, or other effects associated with the COVID–19 public 
health emergency— 
(1) the alien was unable to receive a visa inter-
view 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 enact-
ment of this section, the Secretary of State shall— 
(1) provide written notice consistent with sub-
section (h) to each alien described in subsection (f) 
(and such alien’s representative, if applicable) of 
their continuing eligibility to apply for a visa under 
section 203(c) of the Immigration and Nationality 
Act (8 U.S.C. 1153(c)); and 
(2) publish on the Department of State website, 
information and procedures implementing this sec-
tion. 
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(h) The notice described in subsection (g)(1) shall in-
clude 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 applica-
tion shall be deemed abandoned if the alien fails to notify 
the Secretary of the alien’s intent to proceed within one 
year after the date on which the notice was issued. 
(i) An alien described in subsection (f) shall remain 
eligible to receive a visa described in such subsection until 
the earliest of the date that— 
(1) the alien— 
(A) notifies the Secretary of State of the 
alien’s intent to abandon the application; or 
(B) fails to respond to the notice described 
in subsection (g)(1); or 
(2) the Secretary of State makes a final deter-
mination of the alien’s ineligibility for such visa 
under section 203(c)(2), 204(a)(1)(I)(iii), or 212(a) 
of the Immigration and Nationality Act (8 U.S.C. 
1153(c)(2), 1154(a)(1)(I)(iii), or 1182(a)). 
(j) A determination of whether an alien is the child 
of a visa recipient described in subsection (f), pursuant 
section 203(d) of the Immigration and Nationality Act (8 
U.S.C. 1153(d)) shall be made using the age of the child 
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(4) Proclamation 9983 (85 Fed. Reg. 
6699; relating to ‘‘Improving Enhanced Vetting 
Capabilities and Processes for Detecting At-
tempted Entry into the United States by Ter-
rorists or Other Public-Safety Threats’’). 
(b) Not later than 90 days after the date of the enact-
ment 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 con-
tinuing eligibility to apply for a visa under section 203(c) 
of the Immigration and Nationality Act (8 U.S.C. 
1153(c)); and 
(2) publish on the Department of State website, in-
formation and procedures implementing this section. 
(c) The notice described in subsection (b)(1) shall in-
clude 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 applica-
tion shall be deemed abandoned if the alien fails to notify 
the Secretary of the alien’s intent to proceed within one 
year after the date on which the notice was issued. 
(d) An alien described in subsection (a) shall remain 
eligible to receive a visa described in such subsection until 
the earliest of the date that— 
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(1) the alien— 
(A) notifies the Secretary of the alien’s intent 
to abandon the application; or 
(B) fails to respond to the notice described in 
subsection (b)(1); or 
(2) the Secretary of State makes a final determina-
tion of the alien’s ineligibility for such visa under section 
203(c)(2), 204(a)(1)(I)(iii), or 212(a) of the Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1153(c)(2), 
1154(a)(1)(I)(iii), or 1182(a)). 
(e) A determination of whether an alien is the child 
of a visa recipient described in subsection (a), pursuant 
to section 203(d) of the Immigration and Nationality Act 
(8 U.S.C. 1153(d)) shall be made using the age of the 
child when applicant was initially selected for a visa in 
accordance with section 203(e)(2) of such Act. 
SEC. 411. Notwithstanding the numerical limitation 
set forth in section 214(g)(1)(B) of the Immigration and 
Nationality Act (8 U.S.C. 1184(g)(1)(B)), the Secretary 
of Homeland Security, after consultation with the Sec-
retary of Labor, and upon the determination that the 
needs of American businesses cannot be satisfied in fiscal 
year 2022 with United States workers who are willing, 
qualified, and able to perform temporary nonagricultural 
labor, shall increase the total number of aliens who may 
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receive a visa under section 101(a)(15)(H)(ii)(b) of such 
Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) in such fiscal year 
above such limitation by not more than the highest num-
ber of H–2B nonimmigrants who participated in the H– 
2B returning worker program in any fiscal year in which 
returning workers were exempt from such numerical limi-
tation. 
SEC. 412. In fiscal year 2022, nonimmigrants shall 
be admitted to the United States under section 
101(a)(15)(H)(ii)(a) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) to perform agricul-
tural labor or services, without regard to whether such 
labor is, or services are, of a temporary or seasonal nature. 
TITLE V 
GENERAL PROVISIONS 
(INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS) 
SEC. 501. No part of any appropriation contained in 
this Act shall remain available for obligation beyond the 
fiscal year funded by this Act unless expressly so provided 
herein. 
SEC. 502. Subject to the requirements of section 503 
of this Act, the unexpended balances of prior appropria-
tions 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 
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applicable established accounts, and thereafter may be ac-
counted for as one fund for the same time period as origi-
nally enacted. 
SEC. 503. (a) None of the funds provided by this Act, 
or provided for the fiscal year funded by this Act from 
any accounts in the Treasury of the United States derived 
from the collection of fees available to the components 
funded by this Act, shall be available for— 
(1) any obligation that— 
(A) creates or eliminates a program, 
project, or activity; or 
(B) contracts out any function presently 
performed by Federal employees or any new 
function proposed to be performed by Federal 
employees in the President’s budget, submitted 
pursuant to section 1105(a) of title 31, United 
States Code, and accompanying justification 
materials for the fiscal year funded by this Act; 
or 
(2) a reprogramming of funds that— 
(A) augments funding for any program, 
project, or activity in excess of $5,000,000 or 
10 percent, whichever is less; or 
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(B) reduces funding for any program, 
project, or activity, or numbers of personnel, by 
10 percent or more. 
(b) Subsection (a) shall not apply if the Committees 
on Appropriations of the Senate and the House of Rep-
resentatives are notified at least 15 days in advance of 
such obligation or reprogramming, respectively. 
(c) Up to 5 percent of any appropriation made avail-
able to the Department of Homeland Security by this Act 
may be transferred between appropriations to address un-
foreseeable, exigent requirements or circumstances if the 
Committees on Appropriations of the Senate and the 
House of Representatives are notified at least 30 days in 
advance of such transfer, except that— 
(1) no such appropriation shall be augmented 
by more than 10 percent by such transfer unless 
otherwise specifically provided in this Act; and 
(2) no funding may be transferred from an ap-
propriation that is designated by the Congress as 
being for— 
(A) an emergency requirement pursuant to 
a concurrent resolution on the budget; or 
(B) disaster relief pursuant to a concur-
rent resolution on the budget. 
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(d) Notwithstanding subsections (b) and (c), no funds 
shall be obligated for any purpose described in subsection 
(a) and no funds shall be transferred between appropria-
tions based upon an initial notification provided after June 
30, except— 
(1) as otherwise provided in this Act; or 
(2) when the Secretary provides a written jus-
tification and certifies in writing to the Committees 
on Appropriations of the Senate and the House of 
Representatives that such action is necessary due to 
extraordinary circumstances that imminently threat-
en the safety of human life or the protection of 
property. 
(e) An appropriation made available to the Depart-
ment of Homeland Security by this Act may not be used 
for a purpose proposed in the President’s budget, sub-
mitted pursuant to section 1105(a) of title 31, United 
States Code, and accompanying justification materials for 
the fiscal year funded by this Act if the explanatory state-
ment accompanying this Act explicitly directs that such 
appropriation is not available for such purpose. 
(f) The notification procedure set forth in subsection 
(b) shall apply to the obligation of— 
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(1) Procurement, Construction, and Improve-
ments funding in this Act for any purpose that was 
not— 
(A) proposed in the President’s budget 
proposal, submitted pursuant to section 1105(a) 
of title 31, United States Code, and accom-
panying justification materials for the fiscal 
year funded by this Act; or 
(B) explicitly described in this Act or the 
explanatory statement accompanying this Act; 
and 
(2) Operations and Support funding to estab-
lish or eliminate any office or other functional unit 
affecting more than 10 full-time personnel equiva-
lents. 
(g) The notification thresholds and procedures set 
forth in subsections (b), (c), (d), and (f) shall apply to 
any use of de-obligated funds provided in previous Depart-
ment of Homeland Security Appropriations Acts that re-
main available for obligation. 
(h) For purposes of this section— 
(1) The term ‘‘program, project, or activity’’ 
means each item— 
(A) listed under an appropriation account 
or fee funded program account for which an 
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amount is specified in the detailed funding table 
located at the end of the explanatory statement 
accompanying this Act; or 
(B) for which the explanatory statement 
accompanying this Act specifies a funding 
amount, except for amounts identified in a 
funding table other than that described in sub-
paragraph (A); 
(2) The term ‘‘reprogramming of funds’’ means 
a reduction to or augmentation of a funding amount 
specified in the explanatory statement accompanying 
this Act for a program, project, or activity; and 
(3) The term ‘‘unforeseeable, exigent require-
ments or circumstances’’ means those requirements 
or circumstances— 
(A) about which the Department of Home-
land Security became aware after the date of 
enactment of this Act; and 
(B) for which an inability to obligate 
transferred funds would result in a significant 
increase in costs to the Federal government in 
subsequent fiscal years or seriously compromise 
needed departmental capabilities, as determined 
by the Secretary and certified in the notifica-
tion required under subsection (c). 
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(i) Unless otherwise provided in this Act, funding 
designated in the explanatory statement accompanying 
this Act as being for a ‘‘program, project, or activity’’ is 
not available for the purposes of any other such ‘‘program, 
project, or activity’’. 
SEC. 504. (a) Section 504 of the Department of 
Homeland Security Appropriations Act, 2017 (division F 
of Public Law 115–31), related to the operations of a 
working capital fund, shall apply with respect to funds 
made available in this Act in the same manner as such 
section applied to funds made available in that Act. 
(b) Funds from such working capital fund may be 
obligated and expended in anticipation of reimbursements 
from components of the Department of Homeland Secu-
rity. 
SEC. 505. (a) Except as otherwise specifically pro-
vided by law, not more than 75 percent of the unobligated 
balances of amounts provided in this Act for ‘‘Operations 
and Support’’ that remain available at the end of the fiscal 
year funded by this Act, as recorded in the financial 
records at the time of a notification described in sub-
section (b) but not later than June 30 of the fiscal year 
after the fiscal year funded by this Act, shall remain avail-
able, of which— 
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(1) not more than 67 percent shall remain 
available, in the account and for the purposes for 
which the appropriations were provided, through 
September 30 of the fiscal year after the fiscal year 
funded by this Act; and 
(2) not more than 33 percent shall be trans-
ferred to and merged with the Department of Home-
land Security ‘‘Information Technology Moderniza-
tion Fund’’, as authorized by section 1077(b)(1) of 
title X of division A of the National Defense Author-
ization Act for Fiscal Year 2018 (Public Law 115– 
91), and shall remain available through the end of 
the third fiscal year after the fiscal year in which 
the transfer is made. 
(b) The Secretary of Homeland Security shall submit 
a notification to the Committees on Appropriations of the 
Senate and the House of Representatives at least 15 days 
in advance of the obligation or transfer of balances de-
scribed in subsections (a)(1) or (2), respectively. 
SEC. 506. (a) Funds made available by this Act for 
intelligence activities are deemed to be specifically author-
ized by the Congress for purposes of section 504 of the 
National Security Act of 1947 (50 U.S.C. 414) during the 
fiscal year funded by this Act until the enactment of an 
Act authorizing intelligence activities for such fiscal year. 
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(b) Amounts described in subsection (a) made avail-
able for ‘‘Intelligence, Analysis, and Operations Coordina-
tion—Operations and Support’’ that exceed the amounts 
in such authorization for such account shall be transferred 
to ‘‘Management Directorate—Operations and Support’’. 
SEC. 507. (a) The Secretary of Homeland Security, 
or the designee of the Secretary, shall notify the Commit-
tees 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 trans-
action agreement, or task or delivery order on a De-
partment of Homeland Security multiple award con-
tract, 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 Home-
land 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), 
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including a contract covered by the Federal Acquisi-
tion Regulation. 
(b) If the Secretary of Homeland Security determines 
that compliance with this section would pose a substantial 
risk to human life, health, or safety, an award may be 
made without notification, and the Secretary shall notify 
the Committees on Appropriations of the Senate and the 
House of Representatives not later than 5 full business 
days after such an award is made or letter issued. 
(c) A notification under this section— 
(1) may not involve funds that are not available 
for obligation; and 
(2) shall include the amount of the award; the 
fiscal year for which the funds for the award were 
appropriated; the type of contract; and the account 
from which the funds are being drawn. 
SEC. 508. Notwithstanding any other provision of 
law, no agency shall purchase, construct, or lease any ad-
ditional 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, 
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100 
Emergency Preparedness and Response’’ account 
(70 X 0712). 
(15) $115,138 from the unobligated balances 
available in the ‘‘Federal Emergency Management 
Agency—Operations and Support’’ account (70 X 
0700). 
(16) $1,243,822 from the unobligated balances 
available in Treasury Account Fund Symbol 70 X 
0300, ‘‘U.S. Citizenship and Immigration Services, 
Operations and Support’’. 
(17) $350,656 from the unobligated balances 
available in the ‘‘Countering Weapons of Mass De-
struction Office—Research and Development’’ ac-
count (70 X 0860). 
(18) $3,000,000 from the unobligated balances 
available in the ‘‘Federal Emergency Management 
Agency—National Predisaster Mitigation Fund’’ ac-
count (70 X 0716). 
(19) $65,000,000 from Public Law 116–93 
under the heading ‘‘Coast Guard—Procurement, 
Construction, and Improvements’’. 
(20) $24,339,000 from the unobligated bal-
ances available in the ‘‘U.S. Customs and Border 
Protection—Border Security Fencing, Infrastruc-
ture, and Technology’’ account (70 X 0533). 
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kjohnson on DSK79L0C42PROD with BILLS
101 
(21) $10,000,000 from Public Law 116–260 
under the heading ‘‘U.S. Customs and Border Pro-
tection—Procurement, Construction, and Improve-
ments’’. 
(22) $6,161,000 from the unobligated balances 
available in the ‘‘U.S. Customs and Border Protec-
tion—Procurement, Construction, and Improve-
ments’’ account (70 X 0532). 
(23) $4,500,000 from Public Law 115–141 
under the heading ‘‘U.S. Customs and Border Pro-
tection—Construction and Facility Improvements’’. 
(24) $6,999 from the unobligated balances 
available in the ‘‘U.S. Customs and Border Protec-
tion—Operations and Support’’ account (70 X 
0530). 
(25) $2,168,776,000 from the unobligated prior 
year balances from ‘‘U.S. Customs and Border Pro-
tection—Procurement, Construction, and Improve-
ments’’. 
(26) $21,000,000 from Public Law 115–141 
under the heading ‘‘Coast Guard—Acquisition, Con-
struction, and Improvements’’. 
(27) $8,000,000 from the unobligated balances 
available in the ‘‘Management Directorate—Office of 
VerDate Sep 11 2014 
22:11 Jul 15, 2021
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H4431
kjohnson on DSK79L0C42PROD with BILLS